ASA Adjudication on Avionicare Ltd

Ad

A magazine ad, for aircraft transponders, stated "MODE S PAIN RELIEF Same day MODE S installation from the market leaders in avionics ... All IFR Aircraft to be equipped with MODE S by March 31 2007 All VFR aircraft to be equipped with MODE S by March 31 2008 ... ".

Issue

The complainant, a pilot, challenged whether the ad misleadingly implied that Mode S transponders would be compulsory in all IFR (Instrument Flight Rules) and VFR (Visual Flight Rules) aircraft by the dates given.  He understood that only IFR aircraft flying in designated Mode S airspace needed to comply by the 31 March 2007 and that the consultation process for VFR aircraft to comply by 31 March 2008 was still ongoing.

CAP Code (Edition 11)

Response

Avionicare said the ad was addressed to pilots who flew within Europe and not just to those who flew in the UK.  They sent the ASA an Aeronautical Information Circular (AIC) published by the National Air Traffic Services Ltd (NATS) on behalf of the Civil Aviation Authority (CAA) dated 26 April 2007 and copies of two documents called 'Transition Arrangements and Exemptions' dated 21 March 2007 and 'Surveillance' dated 19 July 2005, which were taken from Eurocontol's website, in support of the claims in their ad. They explained that Eurocontrol was an independent body responsible for air traffic control in Europe. They highlighted relevant sections in the documents.

The AIC stated "... the CAA has published proposals to require the use of SSR Mode S in UK Airspace in the following 2 Stages: (a) For IFR flights as General Air Traffic (GAT) in designated TMA and en-route airspace came into effect from 31 March 2005. (b) For IFR and VFR flights in all other airspace with effect from 31 March 2008 ... This currently defines the Notified Mode S Airspace as the vertical and lateral bounds of the London TMA."  It further stated that, in relation to (a), a transition period of two years was granted to give those operators who were experiencing genuine difficulties more time to comply; the transition period therefore expired on 31 March 2007.  In relation to (b) it stated that the consultative process was ongoing.

Avionicare said they understood designated Mode S airspace was generally accepted within the professional flying community to be the same as controlled airspace.  They therefore considered that airspace controlled by Eurocontrol should be considered the same as designated Mode S airspace. They added that, as most European controlled airspace traffic flow was IFR aircraft as General Air Traffic (GAT), the claim for all IFR to be equipped with Mode S by 31 March 2007 was not misleading.

Assessment

Upheld

The ASA considered the evidence sent by Avionicare.  We understood that the introduction of Mode S transponders was intended to improve the quality, detection, identification and altitude reporting of aircraft within the relevant airspace.

We noted the AIC, which related to the UK, stated Mode S transponders were required for those IFR aircraft as GAT in designated TMA and en-route airspace; it defined applicable airspace for the carriage of Mode S transponders as the vertical and lateral bounds of the London TMA and stated that further applicable areas would be defined over time.  We disagreed with Avionicare that designated Mode S airspace was the same as controlled airspace because the AIC made clear what airspace was notified for the purpose of carriage of Mode S transponders in the UK, where that information could be found and what it currently was defined as.  We contacted the CAA who agreed with us.  We noted the AIC also made clear that exemptions for aircraft could be sought in exceptional circumstances.  We therefore considered that it was not a requirement for all IFR aircraft to be equipped with Mode S by 31 March 2007 as stated in the ad.  

We also noted from the AIC that Mode S transponders were required for IFR and VFR aircraft in all other airspace from 31 March 2008 but that the consultation process was still ongoing and, again, exemptions for aircraft could be sought in exceptional circumstances.  We therefore considered that it was not a requirement for all VFR aircraft to be equipped with Mode S by 31 March 2008 as stated in the ad.  

We noted Avionicare's point that the ad was not addressed solely to those pilots who would be flying in the UK only.  We noted the AIC related to the UK and that the documents taken from Eurocontrol's website, which related to air traffic in Europe, also gave the same dates and requirements for aircraft flying in designated airspace in Europe.  However, we also noted exemptions could be sought and transition periods applied.

We accepted that Avionicare had merely sought to advise owners of IFR and VFR aircrafts of the impending deadlines but considered the ads were misleading by implying that all IFR and VFR aircraft needed to be equipped by the dates stated when, in fact, exemptions could be sought and the deadline of 31 March 2008 had not been finalised, and it was only IFR aircraft flying in designated Mode S airspace that needed to be equipped.  

The ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

We understood that the CAA announced in June 2007 that they planned to change the rules on the carriage and use of secondary surveillance radar (SSR) transponders in UK airspace in two phases starting in 2008, which would take four years to implement fully and be subject to government approval.  We therefore asked Avionicare to ensure any future claims complied with the CAAs new rules and advised them to contact the CAP Copy Advice team for help with any amendments.

Adjudication of the ASA Council (Non-broadcast)