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National CAA policies around Europe on busting pilots who bust controlled airspace (and danger areas)

Fuji_Abound wrote:

For Group, syndicate and, in a different category, rental self fly hire, and in yet another category, flight instruction, how does the CAA establish who was the PIC

From what I’ve read, when an infringement occurs they write to whoever’s listed on G-INFO as the trustee, requesting that information.

Andreas IOM

This is what happens with road traffic offences. The registered owner gets contacted.

If he does not co-operate in revealing the driver at the time, he gets busted (3 points, etc).*

I don’t know if the CAA would have to go to a court in this situation, or if they have the power to suspend the registered owner’s license, etc.

* many years ago there used to be a funny procedure, for a company with multiple company cars, where the “fleet manager” would be the responsible person, and if you didn’t appoint a fleet manager, they could not get anybody for not revealing who was the driver IOW, they could not prosecute a company for a traffic offence because a company cannot drive a car.

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

If he does not co-operate in revealing the driver at the time, he gets busted (3 points, etc).*

Owner/Operator needs to keep aircraft docs that contain the name of the PIC for every flight – that is the difference to road traffic where it could be completely legal that the owner does not know who drove at a specific point in time.

If owner is not able to present proper documentation, he has a bigger problem than “just” an airspace bust…

Germany

Malibuflyer wrote:

Owner/Operator needs to keep aircraft docs that contain the name of the PIC for every flight

I don’t believe this is true at all for the N Reg

Part-NCO applies to relevant third-country aircraft when operated in EU (UK) by an aircraft operator residing or established in EU (UK).

NCO.GEN.150 Journey log

Particulars of the aircraft, its crew and each journey shall be retained for each flight, or series of flights, in the form of a journey log, or equivalent.

London, United Kingdom

Thanks for the clarification on that, So there’s no need for non eu resident people to do so?

I’ve always kept a log, but for other reasons.

Journey log discussion moved to EASA Journey Log thread

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

many years ago there used to be a funny procedure, for a company with multiple company cars, where the “fleet manager” would be the responsible person, and if you didn’t appoint a fleet manager, they could not get anybody for not revealing who was the driver IOW, they could not prosecute a company for a traffic offence because a company cannot drive a car.

Nowadays, Luxembourg (and I think Franfce, too) has this “loophole” closed: the director (legal representative) of the company is liable, at least for the fine; not 100% sure for the points.

ELLX

January 2020 decisions are up at the usual place

Only eight sent to gasco

This is great news. It looks like there has been a change of policy.

Also zero license suspensions. These were always recorded – see previous posts – as going (among others) to people who had already done gasco. But if this trend carries on, with so relatively few getting sent to gasco, not so many people will get suspensions because the most common route to a suspension is probably having already done gasco.

Administrator
Shoreham EGKA, United Kingdom

Interesting that three got the online test. I think it’s been hovering around the 0 or 1 mark for quite some time.

Looks like good news in the round.

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