Yes. It’s the most restrictive regulation for the country you.are flying in, whatever papers you are flying on.
Some years ago one of the French aviation magazines did an article on this subject with advice from a International aviation lawyer and then double checked with the DGAC.
All the examples were based on Le Touquet LFAT because it offered a wide range of pilots operating under different licences and different aircraft registrations. It was very interesting particularly the differences in minima.
Sometimes EASA were more restrictive than FAA and sometimes the inverse.
The whole issue boils down to the question: can you pick and choose the papers you’re flying on. I have no idea, but suspect it’s not straightforward.
Just for those who are not familiar with FAA regs: under FAA regulations, you need three takeoffs and landings at night (one hour after SS until one hour before SR) in the same class of aircraft in the preceding 90 days. An IR does not confer these privileges.
gallois wrote:
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.
That is true, but it also depends on what regulations are applicable in the first place. FAA license regulations do not apply if you are flying an N-reg in the UK on UK papers, but FAA operational regulations still apply as the aircraft is N-reg. UK license and operational regulations both apply. So you would need to follow the most restrictive of the operational regulations but you need not consider FAA license regs.
Airborne_Again wrote:
FAA license regulations do not apply if you are flying an N-reg in the UK on UK papers
…regardless of whether the subject in question does hold an FAA pilot’s certificate or not?
but FAA operational regulations still apply as the aircraft is N-reg
Bearing in mind PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS would you consider FAR 61.57 night currency requirements a “license” regulation and not an “operational” regulation?
@Airborne_Again, what do you mean by ‘operational regulations’?
Antonio wrote:
…regardless of whether the subject in question does hold an FAA pilot’s certificate or not?
If you have dual papers then the situation becomes “interesting”.
Bearing in mind PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS would you consider FAR 61.57 night currency requirements a “license” regulation and not an “operational” regulation?
Giving the phrasing of FAR 61.1, I would say it is a license regulation.
172driver wrote:
@Airborne_Again, what do you mean by ‘operational regulations’?
There is a distinction between Licensing rules, Rules of the Air and Operational rules. That is reflected in how e.g. EASA regulations and ICAO annexes are structured.
EASA has separate regulations for “Aircrew” (1178/2011), “Rules of the Air” (923/2012), and “Air Operations” (965/2012). ICAO has Annexes 1, 2 and 6.
Ok, got it, but IMHO not pertinent to the question we’re discussing here.
OK, again my reading is that for a pilot holding both EASA and FAA papers, flying N-reg, landing at night with pax requires FAA currency (beware FAA night definition!) except when landing in the country of issue of the EASA papers where EASA currency (or IR) suffices.
I am sure we all agree the situation is “interesting” to say the least …it seems weird that when landing IFR at night abroad we need to be mindful of FAA night currency, but not when landing in-country. VFR makes a bit more sense, but still it makes no regulatory difference from the FAA standpoint. IN practice I don’t think many people flying N-reg in Europe is keeping track of the dual and multiple currency requirements.
This whole discussion an example of the inevitable nonsense and confusion resulting from the EU decision to require residents to obtain and keep current EASA licences when operating any aircraft within EASA airspace, regardless of national registration. The fact that EASA is not recognized as a country within ICAO doesn’t simplify things either.
