EU Law supersedes German National Law. The privileges are as stated in Part FCL.
Please don’t take this the wrong way… I mean it as a compliment :)
Credentials? Please tell us you’re an aviation lawyer or similar 
> EU Law supersedes German National Law. The privileges are as stated in Part FCL.
EU regulations supersede national law. EU directives, for instance, don’t.
So I called Stuttgart DFS office. No problem on an EASA licence, the AIP refers to foreign issued national licences.
The problem that I faced was odd… So I completed my three local circuits for PAX currency and then, after embarking my PAX, asked for taxi and flight plan opening for a local flight around the Schwäbisch Hall area. It was filed as Night VFR, local round robin, which would ROCAS. I was informed that I could not have a clearance for at least 45 minutes due to traffic.
This confused the hell out of me, and can anyone correct me/help me understand.
The flight was VFR, in Class E airspace. Given that class E is effectively uncontrolled for VFR, and that Langen Information is a FISO service for VFR ( controlled for IFR) how can I be delayed on an VFR flight plan. I understand the request for a nighttime VFR flight plan, but again what rule would I be breaking by flying VFR in E.
Laters
Jon
EU regulations supersede national law. EU directives, for instance, don’t.
AIUI, as a non-EU citizen, EU Law doesn’t have any direct force…they are promulgated as EU Directives and it is mandatory that an EU Directive MUST then be passed into the respective state’s National law….there is a time limit for this….on the meantime I guess there is confusion…. The EU is not a State in its own right
Had class F been activated due to IFR traffic?
@JasonC, no it hadn’t. A PA28 in front got a clearance to Prague(or somewhere), although I thought this was odd I assume a German local proc.
I wasn’t going to have an argument on freq. a beer and pizza was waiting for me in the restaurant :)
It was topic of conversation over dinner but we had completely confused ourselves by the end.
If the airfield is uncontrolled, you cannot get a clearance. They do not have the authority to do so. Same thing as e.g. flying IFR in uncontrolled airspace. Before flying IFR I flew quite a lot of Night VFR in Europe. From what I remember, it is handled mostly like an IFR flight as you are given IFR waypoints, are in contact with radar controllers, etc.
I would have stated that I AM departing and would have just filed a VFR flightplan. No need to specify it as Night VFR as that is obvious. I have also done quite a lot of Night VFR flying in Germany with a Dutch JAR-FCL PPL license at that time on a German registered aircraft, so maybe I missed something?
As for the Netherlands, we have no such thing as Night-VFR (except for training purposes), so I would depart from a Dutch airfield and cross the border just before the end of UDP. Then continue to fly night VFR in Germany, refuel at Köln-Bonn Int’l and fly on towards e.g. Lyon-Bron.
AIUI, as a non-EU citizen, EU Law doesn’t have any direct force…they are promulgated as EU Directives and it is mandatory that an EU Directive MUST then be passed into the respective state’s National law….there is a time limit for this….on the meantime I guess there is confusion…. The EU is not a State in its own right
No. You need to understand the difference between a Directive and a Regulation
Most of the aviation law under discussion here is Regulation, stemming from the Basic Regulation. It is directly binding on all actors within scope.
itaianon: This confused the hell out of me, and can anyone correct me/help me understand.
VFR night in Germany is a bit strange. Effectively, you fly VFR just as you would during daytime. But VFR night flights require a flight plan to be filed in advance. And VFR night flight plans can only be filed along IFR routings. (For reasons unknown to me since 30 years of doing this!). Now your flight begins and terminates at an airfield with airspace “F”. One of the peculiarities of this class of airspace is that only one IFR (or VFR night) flight is permitted within it at one time. And obviously, at the time of your intended flight, there were already some flight planned IFR arrivals and departures, blocking the airspace…
So next time you intend to do this kind of flight, don’t file a flight plan, but ask for VFR night traffic patterns instead! There is no need for a flight plan to do those. And how big you fly them is essentially up to you.
