I’m just working up a training presentation on laws and regulations and one of the areas is licence suspension – I think ANO2016 covers this for EASA licences in Article 254 which says it can be provisionally done by CAA in accordance with the EASA Basic Regulation 14(1) , however unless I’m being thick (quite possible!) this reference in the 2018 Basic Regulation goes to an airworthiness matter? Can anyone help? Thanks all
The equivalent in the new BR is 70(1). But Art 21(5) is also relevant.
Which, in suitably circuitous Euroregulatory fashion, refers to ARA.GEN.355 “Findings and enforcement measures – persons” of
Regulation (EU) No 290/2012.
But it is by no means clear that the UK Competent Authority is thereby authorised to suspend a flight crew licence without due process and/or following a momentary lapse of situational awareness in UK airspace which is, in the words of the Kirkhope enquiry report “unfit for purpose” and in respect of which “the CAA is failing all users of airspace in its current approach to airspace design and management”.
It is also far from clear that the current licence suspension policy and actions of the UK CAA comply with articles 41 and 47 of the Charter of Fundamental Rights of the European Union
