What happened
On February 17, 2009, at 16:16 UTC, a private Cessna 152, registration CS-DAK, was conducting a leisure flight from Vila Real to Aveiro. During the return leg of the flight, the pilot decided to deviate from the original flight plan to fly along the coastline at 1,000 feet. While navigating this route, the aircraft entered the airspace of the Ovar Military Aerodrome (A.M. 1).
Simultaneously, a Portuguese Air Force De Havilland Chipmunk Mk-20 was operating in the VFR circuit at the same altitude, performing a training flight under the control of the Ovar Tower. The two aircraft crossed paths on the left side at a distance of approximately 3 meters, creating a severe near-collision situation. There were no injuries to the occupants of either aircraft, and no damage was sustained by either the civil or military planes.
The investigation
The GPIAAF investigation established that the pilot of CS-DAX had obtained flight information from the Lisbon Military Flight Information Service (FIS) and received authorization to fly along the coast without restrictions. However, the investigation found that a NOTAM was in effect for the Ovar area, which restricted civil flights due to military activity. The pilot of the Cessna 152 stated he was unaware of this NOTAM because the Vila Real aerodrome did not provide such information to him.
Investigators noted that while the FIS provides traffic information, it is not a controlling body and is not responsible for alerting pilots to active NOTAMs. Furthermore, the investigation found that the pilot of the civil aircraft failed to contact the Ovar Tower as he approached the military area. The investigation also noted that the pilot of the Cessna 152 had the opportunity to avoid the restricted area by contacting Porto Approach (APP) 11 minutes prior to the incident, which would have allowed for a course correction.