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Anti N-reg provisions - EASA FCL and post-brexit UK FCL

Since he had he moved here, I assume he will be a resident. I am pretty sure the nationality does not play a role.

Since “residence” remains undefined, I’d say that for anybody who is simply “moving about” is going to be fine on FAA papers only indefinitely.

As regards converting an FAA PPL to an EASA PPL (or receiving a validation), I have to admit that I am not up to date any more, but I’m quite sure it’s not totally trivial.

It is the CB IR conversion and, like any IR, it is definitely not totally trivial. Perhaps 2/3 of the hassle of the old JAA 15hr IR conversion route.

I think Im going to support Greece.

I thought you already bought it

I guess I’ve opened a can of worms with my first post re. the “resident” issue…bureaucracy at its finest! How on earth can EASA have jurisdiction over what licenses a (let’s say US) citizen holds while flying an N-reg aircraft in Europe?

Europe has no power over your US pilot papers. They remain valid – they are 100% between you and the USA. But EASA owns the air above Europe and they can dictate the pilot requirements. Hence EASA FCL. So the pilot affected by EASA FCL needs to have both State of Registry papers (FAA in your case, and my case) and EASA papers. From April 2016, as it currently stands.

Is residency defined by tax residency? Length of time in country?

No definition has been proposed, which is how EASA likes it (it’s called FUD).

Is this even enforceable if you are constantly enter and exit the EU? Probably not, but you should make a full disclosure of your situation to your insurer.

There are multiple threads here on this. One outfit has set up a “operator” company in Morroco…

High Fly how will we know its you considering we wont have our EroGA T shirts by then?

You could carry a Nokia phone. That’s what I do

Administrator
Shoreham EGKA, United Kingdom

Since he had he moved here, I assume he will be a resident. I am pretty sure the nationality does not play a role.

Since “residence” remains undefined, I’d say that for anybody who is simply “moving about” is going to be fine on FAA papers only indefinitely.

Where is “here”? Laws are enforced by and within countries, and if you are not a resident in one EU country you may be resident in another, or not. I don’t think you’d have an obligation to discuss residency in a country other than the one you’re standing in. Beyond that, not all EU countries document residency through a national ID card so even if you’re strip searched, there may be nothing to use against you.

Where I could see national governments/CAAs going after you is if they can establish that you have a residence card in their country, and that you’re flying an aircraft based in their country (via a hangar lease arrangement or similar). It seems to me one solution to that would be to fly a plane based across a nearby national border, in Austria for German residents etc, or otherwise avoid getting a residence card in the country where the plane is based and operates. Any N-register planes for rent at Zell am See?

Last Edited by Silvaire at 08 Apr 19:45

EASA FCL hangs its coat on the residence of the operator. The residence of the pilot is not relevant.

So you have two things to argue about: what is “resident” and what is an “operator”

For most private owner-pilots, the situation is obviously clear, but (as in this thread) there will be many for whom it is not clear. And e.g. a syndicate can fairly easily set up a non-European operator (a booking website, etc) as that Morrocan outfit was talking about (search on “Morroco”, etc).

None of this has been tested openly, because the implementation has been constantly put back. I do know some bizjet operators got their insurer’s approval for particular structures, which is basically Step 1 (insurance has to be rock solid).

Administrator
Shoreham EGKA, United Kingdom

Does anyone know if the legislation has been passed yet to extend the date to April 2016?

The people at PPL IR did a fantastic job to bring in the much reduced conversion route but I have heard rumblings that the whole process will be simplified again and the date extended again to 2018 to allow time for all the FAA holders to actually convert.

I have several friends with the piggbyack FAA PPL who are still planning to go down the CBM IR conversion by first writing the FAA IR exam, doing the FAA IR checkride and then trying to get the 50 hours IFR time so they can convert. Any comments on this (time is running out!)

EGKB Biggin Hill London

The date is already ‘extended’ to April 2016.
We await news as to whether they are going to extend it beyond that, or whether they will ‘insist’ on keeping to this date.

Rochester, UK, United Kingdom

Cirrus_Man wrote:

Any comments on this

If I were them, I’d invest my effort into getting a CB-IR, because if you sum everything up, in my opinion it is less time and effort than the FAA, 50 hr, then convert to EASA route. But then that was my choice, might not be what fits everyone else’s situation.

It’s actually very difficult to find a categorical reference for the April 2016 date. I think it is spread around a number of places, and any discussion of it has to include some EASA web page which lists the various derogations. That’s how all the previous extensions were done. I have some pointers here.

I get loads of emails from people who have been to my website and they are usually questions which are on 1 or 2 lines but any useful reply would be 100 lines, so I refer them to EuroGA This Q (where is the reference for April 2016) is a common one.

The only person I know who knows where to find this stuff is @bookworm.

Administrator
Shoreham EGKA, United Kingdom

I have several friends with the piggbyack FAA PPL who are still planning to go down the CBM IR conversion by first writing the FAA IR exam, doing the FAA IR checkride and then trying to get the 50 hours IFR time so they can convert. Any comments on this (time is running out!)

Time is not necessarily running out. Currently after April 2016 you will no longer be allowed to exercise the privileges of your FAA IR in EASA member states IF you are a EASA MS resident. That does not however prevent you from exercising these privileges (building the 50 hours) outside the EASA area, eg. in the US where you can do it in a C150 for $100/hr.

But in order to pass the EASA IR skill test you will need to know european air law and have a minimum (not much) of European IFR flying experience.

LFPT, LFPN

Yes that is a good suggestion.

Also, there is a lack of clarity about who is an EASA MS resident. Does that mean a Mexican who is living in Paris temporarily(say on consulting assignment for a few years) is a resident or could he keep flying his N reg aircraft with his FAA IR in europe and be ok claiming he is not a European resident and therefore, the rule does not apply?

EGKB Biggin Hill London

By very wording of non-commercial in these regs which are full of bilge, I would recommend that a non EASA licenced Corporate Pilot do nothing. They cannot force you to take 14 exams for non-commercial ops. They have no right to demand that you take any of them, even the IR as an EASA IR doesn’t form part of any FAA regs to fly N reg.

The sheer stupidity of it all anyway is that they state non-commercial ops, so private ops then. Ok so an EASA PPL / Multi IR with type ratings transferred across ? It doesn’t as EASA state you must have passed the 14 exams for an ATPL to get your type ratings transferred. Utterly ludicrous and not enforceable by a non ICAO entity such as EASA, giving a worthless licence for non EU reg aircraft. The insurers would have a field day in the event of accident / incident. It undermines the state of registry, and if you accept this then what is in the pipeline from EASA next time ? Which documentation will they attack next ? It will happen if you don’t stand up to it now.

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