What is correct regarding the use of Air Traffic Services?
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A
The commander can choose whether to use ATC or not.
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B
As long as the commander keeps the mode S transponder on, there is no need to communicate with ATC.
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C
The Operator can deem ATC unnecessary for a flight if disregarding ATC gives commercial benefits.
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D
An operator shall ensure that air traffic services are used for all flights whenever available.
A dive into the regulations from the examiner for this question.
The operator will state in the Operations Manual Part A (General / Basic) that the crew must use any ATS for the airspace when available.
EASA AIR OPS
Regulation (EU) 2015/140
CAT.OP.MPA.100 Use of air traffic services
(a) The operator shall ensure that:
(1) air traffic services (ATS) appropriate to the airspace and the applicable rules of the air are used for all flights whenever available;
(2) in-flight operational instructions involving a change to the ATS flight plan, when practicable, are coordinated with the appropriate ATS unit before transmission to an aircraft.
(b) Notwithstanding (a), the use of ATS is not required unless mandated by air space requirements for:
(1) operations under VFR by day of other-than complex motor-powered aeroplanes;
(2) helicopters with an MCTOM of 3175 kg or less operated by day and over routes navigated by reference to visual landmarks; or
(3) local helicopter operations, provided that search and rescue service arrangements can be maintained
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