When a flight is (incidentally) operated on the same calendar day with a slot outside the night regime, but will arrive earlier within the night regime the following criteria are important to be able to claim for justification.
Change to a slot for operation within the night regime is not required if the following conditions are met:
- The approved flight plan, has a planned arrival time outside the night regime.
- The flight did not depart before the departure time in the flight plan.
- There were no actions performed by the airline resulting in the earlier arrival.
Airlines are not expected to request ATC for alterations or hold patterns resulting in later arrival in case of an incidental early arrival to be operating within the day regime.
With a structural early arrival however schedule and slots have to be adapted, or the operation has to be adapted to the slots allocated.