Flight Into Controlled Space Without Clearance

Pilot Lawyer Yulia Vangorodska Explains Airspace Infringement

Piloting can be a complicated endeavor, even if you have all of your documentation taken care of and all of the correct certification on your person while you are operating an aircraft. But when a pilot accidentally flies into a controlled space without the clearance to do so, there can be devastating consequences even if it was a purely accidental move.

There are many restricted airspaces across the country that pilots need to be aware of in case they need to obtain clearance to enter these spaces or are otherwise forced to fly through them due to an emergency.

All aircraft looking to enter controlled space need to file a flight plan while on the ground or in the air. Air traffic control must be contacted at least ten minutes prior to the aircraft seeking to enter this controlled space. Waiting for clearance is important, because if you do not and instead enter this controlled airspace without clearance, disastrous consequences may await you. Just informing the air traffic controllers is not enough–you must wait to be granted the clearance before being allowed to enter any restricted zones.

Take, for instance, the tragedy of a flight that crashed after leaving Spain and entering the controlled airspace of Palma De Mallorca without clearance. The pilot, perhaps attempting to exit the controlled space, cruised to a lower altitude than was safe and crashed into the mountainous terrain at an altitude of 2000 ft, killing all three passengers.

In the United States, there are a number of restricted airspaces and zones that airmen need to be aware of in order to protect themselves and their passengers. Those who accidentally enter airspace that is classed as B,C, and D will need to receive clearance before they can continue, which is why it’s important to always remain aware of your altitude and surroundings.

Avoiding tragedies is the number one goal of a pilot, and ensuring that you and your passengers are safe should be your first worry.

When a pilot enters controlled airspace without clearance, this is termed as “airspace infringement”. Even if you and your passengers are safe, when you get back on the ground there will be consequences to face. Factors that may contribute to infringing on airspace include:

• Bad weather conditions
• Failing or poor navigation controls
• Lack of air-to-ground technique
• Problems with aircraft
• Pilot’s unsure how to gain clearance to enter controlled airspace

If you have accidentally entered controlled airspace and are now facing the consequences of that act, it’s imperative you get in touch with an aviation attorney as soon as you are able. Defending your certification is of the utmost importance to us and one small mistake should not cost you your career or your life.

Call us today to schedule your free consultation with Yulia Vangorodska, Esq. to take care of any and all legal aviation problems you are facing.