§ Mr. Tim Smithasked the Secretary of State for Transport under what circumstances, at night, the pilot of an aircraft is entitled to ask air traffic control to cancel his instrument flight rules plan during his approach to land and, thereafter, accept responsibility for maintaining his own separation from other aircraft.
§ Mr. Michael SpicerThe rules under which aircraft flying within the United Kingdom airspace may fly are laid down in the Rules of the Air and Air Traffic Control Regulations 1985.
Under these rules, the commander of an aircraft in flight outside controlled airspace at night is not required to file a flight plan for the purpose of obtaining an air traffic control clearance. However, if an instrument flight rules plan is filed, it may be cancelled at any stage of the flight but the commander must still comply with the instrument flight rules.
For an aircraft in flight within controlled airspace at night, it is a requirement that an instrument flight rules flight plan be communicated to an air traffic control unit and that the aircraft must be flown in conformity with the air traffic control clearance obtained. The instrument flight rules flight plan cannot be cancelled in these circumstances.