// UK Pilot Resource — CAP 1404 Ed. 6 (June 2023) · CAP 670 (2019)

Wrongly accused of an
airspace infringement?

The radar used to allege your infringement has a certified positional error of up to 926 metres — and the airspace boundary drawn on the controller's screen can be a further 450 metres from its true position. If the alleged infringement is smaller than those tolerances, the evidence may not be capable of proving it occurred. You are entitled to understand these limits and to challenge evidence that falls within them.

Max radar position error
926 m
0.5 NM — en-route radar at 95th percentile. 1 in 20 plots may exceed this. CAP 670 SUR02.49
Max boundary map error
450 m
0.25 NM — permitted offset of the displayed airspace boundary from its true surveyed position. CAP 670 SUR11.131
Combined worst-case
~1.4 km
Sensor error + map error both at maximum, acting in the same direction — both within certified specification.
Mode C altitude error
±200 ft
Worst-case Gillham code encoding tolerance. ICAO Annex 10 Vol. IV

The NATS CAIT system that auto-triggers infringement reports applies no transponder tolerance whatsoever. Any Mode C return that appears to breach the airspace floor — even by a single 100 ft quantisation step — automatically generates an MOR and the 5 NM/3,000 ft safety bubble, without any allowance for known instrument inaccuracy. An expert engineer analysis cited in Pilot magazine found combined altitude errors could reach 500 ft under normal conditions. Source: Pilot magazine, Nov 2020.

Act immediately. Radar data and ATC recordings are held for limited periods. Send your written evidence request the moment you receive notification of an alleged infringement. Do not wait.

Section 01 — Overview

The allegation is not the verdict

An alleged infringement typically begins with contact from NATS (or the relevant ANSP), followed by a CAA review under the CAP 1404 process. Nothing has been decided at this stage. The CAA's Infringement Co-ordination Group (ICG) must first confirm that an infringement actually occurred. That determination rests on radar data which has well-documented, regulated accuracy limits set out in CAP 670.

Key Principle

The ICG must first confirm an infringement occurred

CAP 1404 Edition 6, p.11 lists as the first evaluation question: "Can the ICG confirm an infringement actually occurred?" If the margin of alleged penetration falls within the documented accuracy tolerance of the radar, the answer should be "not confirmed" — and the case should not proceed to remedial action.

01 —

Radar data has regulated accuracy limits

All UK ATC radar must meet performance standards set in CAP 670. A fully compliant en-route radar can place your aircraft up to 926 m (0.5 NM) from its true position on any single plot — and still be operating within its certified specification. CAP 670 SUR02.49

02 —

The displayed boundary also has error

The airspace boundary on the controller's display is a video map overlay, not a GPS line. CAP 670 SUR11.131 permits that boundary to be up to 450 m (0.25 NM) from its true surveyed position. Sensor error and map error can act in the same direction — combined, that is potentially 1.4 km of permitted error.

03 —

Mode C altitude data has its own error chain

SSR altitude is derived from your altimeter via Gillham code encoding. ICAO Annex 10 permits encoding tolerances of ±100 ft (up to ±200 ft at code transitions), plus display quantisation of 100 ft. A combined error of 200–300 ft is normal operation within specification.

04 —

Calibration must be demonstrably maintained

CAP 670 mandates documented alignment checks, Remote Field Monitor serviceability logs, and performance monitoring records. If these cannot be produced for the period around the incident, the reliability of the data as evidence is unverified.

Section 03 — Lateral Boundary

Challenging a lateral boundary allegation

If the allegation is that your aircraft penetrated the lateral boundary of controlled airspace — a CTR, CTA, TMA, ATZ or other zone — the evidence comes from PSR or SSR positional data. The regulatory accuracy requirements for that data are set out in CAP 670, with specific numerical thresholds in the EUROCONTROL ATM Surveillance System Performance Specification.

The Core Accuracy Problem — CAP 670 & EUROCONTROL Specification

What UK regulations permit as "sufficiently accurate"

CAP 670 SUR02.47–49 references the EUROCONTROL ATM Surveillance System Performance Specification for the specific performance thresholds. Those figures at the 95th percentile are:

  • 5 NM separation (en-route): maximum horizontal position error ≤ 0.5 NM (926 m)
  • 3 NM separation (terminal): maximum horizontal position error ≤ 0.25 NM (463 m)

These are 95th percentile thresholds — a fully compliant radar may exceed them on 1 in every 20 plot updates. This is not a fault; it is normal operation within the certified specification. An alleged infringement of 50–100 m is between 5 and 18 times smaller than the en-route tolerance alone. [CAP 670, SUR02.45–49]

Error SourceMax Permitted ErrorReferenceNotes
PSR/SSR positional accuracy — 5 NM en-route ≤ 0.5 NM (926 m) CAP 670 SUR02.45–49 95th percentile; 5% of plots may exceed this
PSR/SSR positional accuracy — 3 NM terminal ≤ 0.25 NM (463 m) EUROCONTROL ATM Surveillance Spec 95th percentile; the reference value for terminal radar
Display map feature accuracy (en-route / approach) ≤ 450 m (0.25 NM) CAP 670 SUR11.131 Permitted error of displayed boundary vs surveyed position
Display map acceptance threshold at commissioning ≤ 900 m (0.5 NM) CAP 670 SUR12.85 New-system flight trial acceptance criterion
PSR north alignment (recommended tolerance) ≤ 0.1° CAP 670 SUR04.9 Recommendation only — not an absolute requirement
Combined worst case (sensor + map error, same direction) ~0.75 NM SUR02 + SUR11 combined Both errors at maximum, acting in the same direction — within full specification
Practical Implication

What this means for a small alleged infringement

If the CAA alleges you were 50–200 m inside controlled airspace, the maximum permitted positional error of a fully compliant terminal radar (463 m at the 95th percentile) is up to nine times larger than the alleged infringement. The permitted display map error adds a further 450 m. The smaller the alleged infringement, the more powerful this argument becomes.

Technical arguments to make

Positional error is not uniform across radar coverage. PSR azimuth resolution is determined by antenna beamwidth — typically 1–2° at the 3 dB point. At 30 NM, 1° of azimuth error produces approximately 555 m of lateral positional uncertainty. At 40 NM, it exceeds 700 m. Request the documented positional accuracy of the specific installation at the range and bearing of the alleged infringement, not just the headline specification figure. [CAP 670 SUR02.18–21]

CAP 670 requires PSR systems to use Permanent Echoes (PEs) for geographic alignment checking, and all SSR systems to have a mandatory Remote Field Monitor (RFM) that continuously monitors target bearing, range, peak power, side lobe suppression, and pulse spacing. Controllers or maintenance engineers must check the range/bearing error against established tolerances at regular intervals, and those records must be retained. [CAP 670 SUR04.8–16; SUR05.32–47]

Request the PE check records and RFM logs for the 90 days before the incident. What were the measured bearing and range errors? Were they within the defined tolerances? If checks were overdue or results are unavailable, the calibration state of the radar at the time cannot be established.

The airspace boundary on the controller's screen is a video map overlay referenced to a geodetic coordinate system (WGS-84 is recommended). The map must undergo formal verification and validation before entry into service, and the accuracy of features must be documented. [CAP 670 SUR11.119, SUR11.121–126, SUR11.131, SUR11.134]

Request the map validation records for the specific boundary in question. If the displayed boundary was itself 300 m displaced from the true boundary, an aircraft shown 50 m inside the displayed boundary could actually have been 250 m outside the real boundary.

CAP 670 requires all failures to meet required performance to be recorded and logged, and mandates that the CAA Regional Inspector is informed if performance is not met. Request the fault log, BITE records, and performance deficiency log for the 30-day period around the incident. Any logged performance failures — interference, equipment degradation, transmitter power issues — are directly relevant to the reliability of the data being used as evidence. [CAP 670 SUR12.98–101]

A single radar plot showing marginal penetration is far weaker evidence than a continuous track well inside the boundary over multiple scans. A single anomalous plot is consistent with a tracking error, a false target, or a momentary position error. CAP 670 requires tracking performance assessment to determine track deviations, which must not exceed the maximum horizontal position error. [CAP 670 SUR12.53–57]

Request the complete plot-by-plot track history. How many scans showed the aircraft inside the boundary? By how much on each? An abrupt position jump between adjacent scans is consistent with a tracking artefact, not aircraft movement.

If your aircraft had a GPS device or EFB application (SkyDemon, Garmin Pilot, ForeFlight, or similar), the track log is likely your most powerful evidence. GPS horizontal accuracy is typically ±5–15 m at the 95th percentile under normal conditions — up to 90 times more precise than a compliant terminal radar. Preserve the full track log immediately, export it (GPX, KML), and overlay it on a current chart showing the airspace boundary.

Note that CAP 1404 Edition 6 (p.11) explicitly asks whether you used a VFR moving map. A "yes" answer supported by a GPS track showing no infringement directly addresses the ICG's evaluation criteria. [CAP 1404 Ed. 6, p.11]

Section 04 — Vertical / Altitude

Challenging a vertical boundary allegation

If the allegation is that you entered airspace vertically — above a ceiling or below a floor — the evidence comes from SSR Mode C altitude data. This has a well-documented error chain governed by CAP 670 and ICAO Annex 10, Volume IV.

The Mode C Error Chain

The controller sees a derived figure, not your actual altitude

The altitude number displayed to the controller is the output of four sequential steps, each introducing potential error:

  1. Your altimeter — measures static pressure; subject to instrument error and QNH variation
  2. Your encoder / transponder — converts the altimeter reading to a Gillham code; ICAO Annex 10 permits ±100 ft tolerance, with up to ±200 ft at code transitions
  3. SSR ground system — decodes the code and displays altitude in 100 ft increments; quantisation error up to ±100 ft
  4. QNH correction — applied by the display system; any error in the stored QNH value propagates directly into the displayed altitude for all aircraft
Error SourceMagnitudeReference
Gillham encoding tolerance ±100 ft (±200 ft worst case) ICAO Annex 10, Vol IV
Mode C display quantisation (100 ft steps) Up to ±100 ft SSR system design
Altimeter instrument error (certified aircraft) ±30–75 ft typical EASA Part 21 / airworthiness standards
QNH setting / atmospheric variation Variable METAR / AIP meteorological data
ADS-B ground domain altitude resolution (minimum) Must not degrade below 100 ft CAP 670 SUR07.38
Combined plausible error 200–400 ft All sources combined
Practical Implication

What this means for a small vertical infringement

If you are alleged to have been 100 ft above a ceiling or below a floor, the Gillham encoding tolerance alone (±100–200 ft) may equal or exceed the alleged infringement. A displayed value of FL055 (5,500 ft) could represent any actual altitude between approximately 5,200 ft and 5,800 ft under normal, compliant operation. Additionally, CAP 670 SUR07.31 states that only barometric altitude shall be displayed to controllers for separation purposes — if GPS-derived geometric altitude has been used in the allegation, this is procedurally incorrect. [CAP 670 SUR07.29–31]

Obtain the METAR for the relevant aerodrome at the time of the incident and compare the QNH with the value recorded in the ATC system. CAP 670 SUR11.18–20 requires QNH display capability and mandates double-entry validation for any manual QNH change. Any discrepancy shifts the displayed altitude for every aircraft in the system. [CAP 670 SUR11.18–21]

Your transponder and altitude encoder are required to be calibrated within airworthiness requirements. Even a correctly calibrated system operates within a permitted tolerance. If you have your aircraft's most recent transponder calibration and altimetry check records, produce them. They establish that your equipment was operating correctly and quantify the known error tolerance of your specific installation.

Mode C altitude is reported at each radar scan (typically every 4–12 seconds). A single anomalous readout is consistent with a transient Gillham code decode error. Request the complete sequence of altitude readouts over the relevant period. If only one or two scans show an altitude outside the limit while adjacent scans are within it, this pattern is characteristic of a momentary decoding error, not a sustained altitude exceedance. [CAP 670 SUR12.47–48]

Section 05 — Evidence

What to request, and from whom

Send your evidence request by email (with read receipt) and recorded post simultaneously — to the CAA SARG and the relevant ANSP (typically NATS, or the aerodrome operator). Under the UK GDPR and Data Protection Act 2018, you are entitled to your personal data, which includes radar track data associated with your registration or callsign. Submit an SRG1605 form in parallel for the occurrence report.

Your GPS / EFB track log — preserve immediately
Full track log from your GPS device or EFB (SkyDemon, Garmin Pilot, ForeFlight, etc.). Export to GPX or KML. GPS accuracy ±5–15 m vs radar ±400–900 m. Often the strongest counter-evidence available.
Critical
Complete radar track data — all plots, full flight
All plot/track data for your callsign/registration: position, Mode C altitude, time of each update, track quality indicators. Request raw plot data, not only a summary. [CAP 670 SUR12.7]
Critical
SRG1605 — occurrence report (MOR data)
Submit the SRG1605 form to obtain the occurrence report filed by the ANSP. This is your right under CAP 1404 and gives you the ANSP's version of events as submitted to the CAA. [CAP 1404 Ed. 6, p.5]
Critical
Radar accuracy specification for the specific installation
Documented Required Surveillance Performance — maximum horizontal position error at 95th and 99th percentile, at the range and bearing of the alleged infringement. [CAP 670 SUR02.4–10]
Critical
Permanent Echo / RFM alignment check records
PSR Permanent Echo and SSR Remote Field Monitor records for 90 days before the incident — bearing errors, range errors, and the specified tolerances. [CAP 670 SUR04.8–16; SUR05.32–47]
Critical
Display map validation records for the airspace boundary
Accuracy assessment, geodetic reference system, and date of last validation for the video map showing the specific boundary in question. [CAP 670 SUR11.121–131]
Critical
System fault log and performance deficiency log
Fault log, BITE records, and performance log for the installation for 30 days around the incident. CAP 670 mandates all performance failures must be logged. [CAP 670 SUR12.98–101]
Critical
ATC voice recordings and controller notes
All voice communications on relevant frequencies for the period, plus any controller occurrence reports. Was the infringement noticed in real time? Was avoiding action requested?
Important
QNH value in the ATC system at the time (vertical cases)
QNH stored in the surveillance display system — compare with METAR/ATIS. Any discrepancy shifts all displayed altitudes. [CAP 670 SUR11.18–20]
Important
Commissioning flight trial results for the installation
The pre-operational performance assessment required before ANO 2016 Article 205 Approval. Establishes the baseline accuracy of the specific installation. [CAP 670 SUR12.1–6]
Useful
Section 07 — Case Study

Southampton CTA: GPS shows no infringement, CAA pursues anyway

A real case illustrating the systemic problems described in this guide. A pilot flying to Guernsey in February 2025 was accused of infringing Southampton's controlled airspace by "a few metres." What followed exposed deep flaws in the CAA's infringement process.

The Allegation

Accused on the basis of a radar 120 km away

The pilot's own GPS track data showed the aircraft remained 30 metres outside controlled airspace at its closest point. Despite this, the CAA pursued the infringement allegation based on radar data from a station 120 km away — well beyond optimal range. The closer Southampton radar, which would have been more accurate at that location, showed no infringement. The CAA chose to rely on the distant radar that supported the allegation and disregard the closer one that didn't.

The Investigation

A process designed to secure admissions, not establish facts

When the pilot responded to the Mandatory Occurrence Report, the assigned CAA official conducted what the pilot characterises as a biased investigation:

  • The phone call focused on eliciting incriminating statements rather than establishing what actually happened
  • The pilot's GPS evidence — accurate to ±5–15 m — was dismissed as "unreliable"
  • When challenged, the CAA official claimed the radar was accurate "to a few centimetres" — a statement that directly contradicts CAP 670, which permits errors of hundreds of metres
  • The pilot recorded the call, preserving evidence of these claims
Evidence Suppression

NATS refused to release radar traces — until forced by FOI

NATS initially refused to provide the radar trace data. The pilot was forced to escalate through a Freedom of Information appeal to the Information Commissioner. When the data was finally released, it turned out to be simple JPG images — not complex operational data requiring special handling. The refusal appeared designed to prevent scrutiny of the evidence, not to protect operational security.

Software Bug

NATS evidence tool shifts aircraft positions between views

Analysis of the released radar traces revealed a software bug in NATS' evidence recording tool that shifts aircraft positions between different display views. In some views the aircraft appeared outside controlled airspace; in others the same data showed it inside. This means the "evidence" of infringement may be an artefact of a display bug — not a reflection of where the aircraft actually was.

Lessons

What this case demonstrates

  • Record everything. The pilot recorded the CAA phone call, preserving evidence of the "few centimetres" claim and the dismissal of GPS data
  • GPS evidence is powerful — but only if you preserve and present it. The CAA may try to dismiss it; the technical facts are on your side
  • Request all radar data from all installations. The CAA may cherry-pick the radar that supports the allegation while ignoring closer, more accurate radars that don't
  • Use FOI if evidence is withheld. NATS' initial refusal collapsed under an Information Commissioner appeal
  • Scrutinise the evidence tool itself. The software bug discovered in this case may affect other infringement allegations
  • Other pilots have reported identical treatment from the same officials, suggesting a pattern rather than an isolated incident

Full discussion of this case: EuroGA forum thread — "CAA Infringements Process: A scandal"