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Night currency (and Euro IR giving automatic night passenger carriage rights)

Out of curiosity (this 61.75 issue doesn’t apply to me) I had a look and found this

(e) Operating privileges and limitations. A person who receives a U.S. private pilot certificate that has been issued under the provisions of this section:

(1) May act as pilot in command of a civil aircraft of the United States in accordance with the pilot privileges authorized by this part and the limitations placed on that U.S. pilot certificate;

(2) Is limited to the privileges placed on the certificate by the Administrator;

(3) Is subject to the limitations and restrictions on the person’s U.S. certificate and foreign pilot license when exercising the privileges of that U.S. pilot certificate in an aircraft of U.S. registry operating within or outside the United States; and

My bold. To my mind, this would mean that the FAA rules wrt night currency prevail. Awaiting dissenting opinions.

Interesting how quickly it goes from national to EASA and further to US law.

Reminds me hard of my daily business, where I have the same (not air law, but any jurisdiction you can imagine)

Other than that I have no experience with the FAA rules..

Germany

172driver wrote:

the FAA rules wrt night currency prevail

Thanks @172driver . If that is in response to my question, I was actually referring to a person that does not hold any FAA pilot’s certification. I amended my Q to clarify,

Last Edited by Antonio at 30 Oct 21:05
Antonio
LESB, Spain

I am pretty sure that in an N-reg in Europe a holding of a Euro IR does absolve you from the night passenger carriage currency. This is because a non US license is valid for an N-reg, in the country which issued the license.

However, that would also mean that say a German issued IR would not work for this purpose in the UK, for an N-reg. For the purpose of 61.3 EASA/JAA/etc has no weight.

Since Brussels’ attack on N-regs forcing the (totally politically motivated, wasted and pointless) holding of dual papers, lots of N-reg owners are probably relying on this concession.

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

I am pretty sure that in an N-reg in Europe a holding of a Euro IR does absolve you from the night passenger carriage currency. This is because a non US license is valid for an N-reg, in the country which issued the license.

Interesting….if that is the case, does that mean:

a) the holder of an EASA pilot’s license with no FAA pilot’s certs can exercise his night pax privileges on an N-reg with disregard to FAA night currency reqs, BUT
b) if he holds as well an FAA Pilot’s Cert or 61.75 (foreign-based) Pilot’s Cert then he must comply with FAA night currency requirements, even when flying N-reg in the country of issue of his EASA license?

It seems weird that if you have more licenses you have more restrictions…

Or perhaps the pilot gets to choose which of his two certificate (FAA or EASA) privileges he wants to exercise for any given flight?

This concept would apply to other license privileges, but it seems the night currency case and relevant “IR waiver” is one of the more evident differences FAA vs EASA.

Last Edited by Antonio at 30 Oct 22:04
Antonio
LESB, Spain

I think your a) is right because under 61.3 the Euro papers are alone sufficient to fly the N-reg plane.

Re b) I don’t know. This is probably related.

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

Re b) I don’t know. This is probably related.

My reading of that thread is that:

a) Holding an FAA Pilots Cert does not mean you have to exercise its privileges whenever flying N-reg unless required. (ie if you fly in the country which issued your EASA license, you do not need to exercise your FAA privileges even if you hold an FAA pilot’s cert, hence are not subject to any restrictions on such FAA cert)
b) Thus, if such an FAA-EASA dual-licence holder flies N-reg in the country which issued his EASA license, then he does not need to comply with any applicable FAA Pilot’s cert limitations: he however must comply with any restrictions applicable to his EASA license. HOWEVER
c) If such FAA-EASA dual-licence holder flies N-reg outside the country which issued his EASA license but within EASA-land, then he must comply with the limitations applicable to BOTH his FAA cert and EASA license, BUT
d) If the same FAA-EASA dual-licence holder, flies N-reg outside EASA-land, then he is bound by both license limitations if the FAA is piggyback 61.75, but only by FAA limitations if his FAA pilot’s cert is stand-alone (since he would only be exercising the FAA’s pilots cert privileges and not EASA ) .

Did I get it right?

Last Edited by Antonio at 30 Oct 22:36
Antonio
LESB, Spain

Antonio wrote:

Thanks @172driver . If that is in response to my question, I was actually referring to a person that does not hold any FAA pilot’s certification. I amended my Q to clarify,

Yes, it was. IMHO that means that you can fly at night on your EASA papers in the country that issued them. The EU is not a country and EASA is neither. So, if my reading is correct (and I invite contrarian views!), if you fly on Spanish papers, then yes, you can fly an N-reg at night in Spain, but you wouldn’t be legal in, say, France.

@Antonio, I think you have it right, except that I simply don’t know about your point a), although I have some doubts around the idea of ‘license shopping’. This whole discussion cries out for input from @Qualupalik

AIUI if you are flying under FAA regs in Europe you need to follow the most restrictive of the 2 regulations whether you are flying IFR or VFR.
If you fly IFR at night under EASA regs (I don’t know FAA rules) you file an IFPL and there is no necessity to have done X number of landings at night in the same type of aircraft ie SEP, MEP. In order to carry passengers.
If you do not fly IFR and uses the privilages of a night VFR rating, then you must comply with the number of take off and landings in the past 90days.
If flying on FAA papers and this is less restrictive you must follow the FAA night passenger carrying currency regs. If the EASA regs are more restrictive then you must follow them.

NB this is the same with regards to IFR minima.

Last Edited by gallois at 31 Oct 08:18
France

gallois wrote:

If flying on FAA papers

The thing is that if you carry both FAA and EASA papers, where there is no requirement to carry both, my understanding is you can elect to “use” only the one which is required, especially if the other is more restrictive. Am I getting it wrong?

Antonio
LESB, Spain
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