TCAS and European VLJ Concern

In the last couple years, when the advent of VLJs seemed imminent, some commentators warned of the forthcoming "blackening of the skies" with swarms of very light jets overwhelming the air traffic control system. Most of the research and projections I have read to date simply do not support such an explosion in the skies of Europe or the US. In fact, while there is a welcome exuberance about the prospect of VLJs and air taxis, the present day reality is tempered by manufacturer production limitations and slow governmental certifications of operators and aircraft. While air taxis and VLJs are indeed revolutionary, I doubt there will be a significant boom or a tremendous bust. It will likely level out somewhere in between the most optimistic and most pessimistic forecasts.

Recently, I discussed the announcement by Eurocontrol that it was moving forward with a study on how VLJs might impact European air space. While such proactive and hopefully unbiased study is welcome, premature over-reaction and unsubstantiated "blackening skies" concern is not. Further, claims about "safety loopholes" by the London press involving VLJs are entirely speculative and without any foundation. Such was the case in a February 9th article in The London Times entitled: "Boom in Private Jets with Safety Loophole Raises Risk of Collision." The article opened by stating: "The growth in the number of small, private jets could cause a mid-air crash because a loophole in safety rules means that they lack collision-avoidance systems, according to Europe’s air traffic regulator." The basis of the article was that Traffic Alert and Collision Avoidance System (TCAS) should be mandatory on all VLJs.

In the article, Mr. Alex Hendriks, the deputy director of air traffic management strategies at Eurocontrol, who is leading the Eurocontrol study on VLJs' potential European impact, is quoted as telling The Times: “TCAS is mandatory for airlines because of safety considerations. Why should we exclude a certain category of aircraft just because they are small? . . . It is the same as saying that motorcycles are smaller than cars and therefore don’t have to have lights when they are ridden at night.”

While TCAS is indeed a phenomenal system, it does not prevent collisions. TCAS is one of many measures that can be used to mitigate the risk of mid-air collisions. Sadly, two of the most recent catastrophic mid-air collisions with significant loss of life involved TCAS equipped aircraft. Further, a blanket statement by Eurocontrol that TCAS should be mandatory for VLJs while simultaneously raising the "safety flag" at this point is quite unsubstantiated. Hopefully, Eurocontrol will study the impact of VLJs without any pre-conceived notions. The fact that TCAS is not required in smaller aircraft is not really a "loophole." And if Eurocontrol is going to require TCAS in VLJs and air taxis, it might also have to consider all the other general aviation aircraft flying in the same airspace arguably with pilots, aircraft and maintenance procedures subject to much less oversight.

The good news is that Mr. Hendriks has indeed clarified his position in a recent email to European VLJ interests. He has stated: "Please be advised that the Agency maintains its position as outlined in our 'VLJ Integration Platform' (VIP) where we, in consultation with yourselves, have launched safety assessment and a cost-benefit analysis studies into the effect of the current regulations on VLJ operations. The results of these studies, which includes the safety element of TCAS, will be available within the next few months and will first be presented and discussed in VIP, where also stakeholder input will be secured for any possible follow-up actions. Meanwhile, be assured that the Agency will not unilaterally push for the mandatory carriage of TCAS II by those VLJs that are currently not covered by these TCAS/ACAS regulations! I trust that this message will ease some of the concerns that might have arisen as a result of the press articles." (emphasis added).

Mr. Hendriks' welcome clarification should hopefully restore confidence in Eurocontrol's duty to undertake the VLJ study in an objective manner - without any pre-disposed conclusions -- and with an equal opportunity for input from all stakeholders.