Non-RVSM MEDEVAC Requesting a Level Inside the RVSM Band
It is 2140Z in the Santo Domingo FIR. A foreign-registered Learjet 45 on a MEDEVAC mission with a surgical team aboard checks in at FL290 and requests FL360 to top an embedded cumulonimbus line topping about FL340. The flight plan carries the remark NON-RVSM. Traffic: a B737 level at FL350, 60 nm ahead on the same airway; an A330 level at FL370, 90 nm behind. Radar coverage is good and all crews are on frequency. The Learjet captain says FL360 is the only smooth level available and asks for an immediate climb, adding that the organ is time-critical. Standing coordination with the adjacent San Juan CERAP is required for any level change at or above FL330 on this airway, and the next handover point is 150 nm ahead. The sector is moderately busy with eight aircraft under control, and the supervisor is on a break.
1. May you clear the Learjet to FL360? Work through the RVSM rules and the vertical geometry before answering.
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In the Santo Domingo FIR, RVSM applies from FL290 to FL410. Inside that band, 1,000 ft may only be used between RVSM-approved aircraft. A non-RVSM aircraft must be kept 2,000 ft from every other aircraft in the band.
- The B737 at FL350 and the A330 at FL370 are 1,000 ft apart, which is normal for two approved aircraft.
- FL360 would leave the Learjet 1,000 ft from FL350 and 1,000 ft from FL370. That is a non-standard separation and cannot be issued.
- FL330 works: 2,000 ft below the B737 and 4,000 ft below the A330, both legal for a non-RVSM aircraft.
Two further points. First, a MEDEVAC flight is not automatically an emergency; the separation standard is unchanged unless the pilot declares an emergency, which is the pilot's decision, not yours. Second, the controller does not certify RVSM status; the operator does. The remark on the flight plan is a statement by the operator, not a clearance. So the answer is: not FL360, but FL330 is available subject to the San Juan coordination.
2. The captain insists FL360 is the only smooth level. What options remain inside the rules, and in what order would you work them?
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Work from the cheapest, least disruptive option outwards:
- Offer FL330 now. It is the closest legal level to the smooth air. Ask the crew directly whether FL330 is acceptable before proposing anything more complex; controllers often assume the adjacent level is unusable when it is fine.
- Open the block by moving the approved traffic. B737 to FL340 and A330 to FL380 leaves FL360 free with 2,000 ft to each. Each individual level change is legal because both aircraft are RVSM-approved and remain 1,000 ft apart from each other during the manoeuvre, but it needs three coordinated clearances, Mach awareness (the A330 climbs, the B737 descends) and San Juan coordination. Only do this if the crew confirms FL330 is not usable.
- Clarify the emergency question. If the crew says they cannot maintain the flight safely at FL330 or FL280, ask them whether they are declaring an emergency. If they do, you still protect the climb with 2,000 ft or by moving the other aircraft, but you may give priority, deviate from the route and suspend speed restrictions.
Never suggest, hint at or pressure a pilot into declaring an emergency so that the paperwork becomes easier, and never issue a clearance that quietly assumes RVSM approval exists.
3. What must be coordinated, recorded and reported before the flight leaves your sector?
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Coordination: San Juan CERAP for the level change at or above FL330 and for the revised estimate at the handover point; the adjacent sectors if the B737 or A330 are moved; the supervisor, because a non-compliant flight is now in your airspace.
Verification: ask the crew to confirm their RVSM approval status in plain words. Flight-plan remarks are frequently out of date; the aircraft may be approved and the remark stale, which changes the whole problem.
Recording: the time of the request, the NON-RVSM remark, the level finally issued, the reason for the choice, the coordination carried out, and any emergency declaration in the pilot's own words. The flight progress record and the watch log must let someone reconstruct your decision six months later.
Reporting: file a safety/occurrence report through the unit SMS. Under a just-culture framework the report is about the system, not about blaming you for handling the flight. Separately, an operator flying in RVSM airspace with an expired approval is a matter for the State of Registry and the State of the Operator, and IDAC's inspection side needs to see the occurrence. Your report is how that happens.