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Crowdfunding launched by German/Swiss AOPAs to help rescue a retired pilot from bankruptcy due to German customs decision

Peter wrote:

somebody did the PNR by phone to Corfu and was denied landing

I would never buy a phone that cannot run this: https://play.google.com/store/apps/details?id=com.nll.acr&hl=en

For newer version of Android use the unChained version with the same license file: https://www.apkmirror.com/apk/nll/call-recorder-acr/call-recorder-acr-32-9-unchained-release/

Last Edited by Dimme at 19 Oct 20:39
ESME, ESMS

Just on a side note what happens even more often is maintenance. I have seen Swiss planes in maintenance hangars in the EU at places where nobody was aware this was not possible without customs paperwork. And on the other side I have heard of Swiss customs going after HB planes to see if they had any foreign repairs done in the past.

Yes – and if the Swiss catch me driving 220km/h on the highway in Basel they will confiscate my car

That probably did not help in that case. The Swiss went after foreigners with rather high fines and not much empathy. Imagine anything like that happen to the customs guy sometime ago… Then I assume the pilot in this case did not act very intelligently but rather did attack the customs people with lawyers immediately which probably did not help either.

So we can learn to treat each other with a little more empathy and to take customs regulations seriously. And finally the really dangerous part is if we fly to some area where the plane is not in free circulation as then it will not be a smaller fine but VAT on the plane.

www.ing-golze.de
EDAZ

Peter wrote:

But, fair enough, this (and the acceptance of it among some pilots as reasonable) illustrates the different cultures within what we call “Europe”

Switzerland – like the UK – is not part of what you jokingly refer to as “Europe” here. The Swiss, like the Brits voted to not be part of “Europe” In the customs sense of the word. Some red type is therefore inevitable to protect the common market.

LFHN - Bellegarde - Vouvray France

Sebastian_G wrote:

Then I assume the pilot in this case did not act very intelligently but rather did attack the customs people with lawyers immediately which probably did not help either.
So we can learn to treat each other with a little more empathy and to take customs regulations seriously

While I think German customs have abused power on the fine, I still think something has gone very personal on the story !
Sometimes it’s not just about the rules, as different individuals give different outcomes…

Paris/Essex, France/UK, United Kingdom

Switzerland – like the UK – is not part of what you jokingly refer to as “Europe” here. The Swiss, like the Brits voted to not be part of “Europe” In the customs sense of the word. Some red type is therefore inevitable to protect the common market.

It should not require extreme due diligence measures to establish the rules, or their occassionally extremely aggressive local application, however.

I would not say that this gratuitous punishment of that pilot is in any way protecting the common market. The pilot was not importing contraband. It was basically abuse of power, assisted by a combination of factors, and most pilots in European GA would have been caught by this if they had been put in the same situation.

This thread – in particular the two lists of German airports with the specific Customs provisions, posted earlier – has been hugely educational to many pilots.

I still think something has gone very personal on the story

That may be, and often is, but I have not seen that mentioned.

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

It should not require extreme due diligence measures to establish the rules, or their occassionally extremely aggressive local application, however.

I’m just not sure I can agree with the “extreme due diligence” qualification. If you enter the EU from outside of the EU that needs to be done via an official point of entry. (On both sides) Any exception to that very simple rule would require “you” if you were planning on doing so to make sure you are doing this legally. the same rules apply when going into Switzerland.

LFHN - Bellegarde - Vouvray France

Sure, but it is often not black and white.

Take an airport which has “exit Customs” on a PNR. And you do not get a receipt for the PN.

Somebody at the airport (in the aeroclub) tells you it is fine to just email some address…

You are now walking a thin line between getting prosecuted next time you go there, or not.

But what else can you do?

Loads of examples of this. Any airport which has Customs (in or out) on a PN is a potential trap, especially if you don’t discover your notification went missing until after you land there and you are met by armed police. And if they deny you a landing clearance, then you may have a long flight to somewhere else… unless you declare a mayday.

Many airports are excellent in their comms and you get a confirmation that Ops have notified the Police or whatever. Others reply days later. In some countries it is very rare to get back any kind of communication whatsoever, regardless of the airport.

Germany and Italy have many airports which have Immigration on a PN. Germany has some which have Customs on a PN (IIRC). No receipt for the PN message…

We have a self-selected audience of “international flying experts” here on EuroGA, who either know the rules or know how far to bang on the door of due diligence. Most other pilots are not that informed.

Administrator
Shoreham EGKA, United Kingdom

Ibra wrote:

While I think German customs have abused power on the fine,

The fine has been exactly zero. The only thing that happened was, that the pilot had to pay the applicable import duties. Paying taxes is not regarded as punishment in Germany

Peter wrote:

We have a self-selected audience of “international flying experts” here on EuroGA, who either know the rules

You don’t need to be an expert – you just need to prepare the flight. Every NOTAM briefing for a flight into Germany contains the statement
“ENTRY INTO OR EXIT FROM THE TERRITORY OF THE FEDERAL REPUBLIC OF
GERMANY IS ONLY PERMITTED VIA THE INTERNATIONAL AIRPORTS AND VIA THE
AERODROMES AUTHORIZED BY CUSTOMS AND FEDERAL POLICE.”

In the specific case discussed here, the pilot knew the rules and knew that he did not comply with these rules. It’s not about lack of information. Even more the opposite: The unfortunate colleague in this case actually thought that he is such a “self selected expert” and therefore can bend the rules. History has shown that he is not.

Therefore flying into Germany is extremely simple: If you are not 100% sure that you actually know better, just use a customs airfield of entry.

Germany

just because a punishment isn’t called that doesn’t change the nature of it. He did not have to pay the duty that would normally be due – which for a temporary import of an aircraft would be zero – but the duty for a permanent import because he did not land at an appropriate airport. This rule looks like it is intended to punish / deter from crossing borders other than where there is customs.

But can I ask a simple question – do you really argue that in this case, 30k is a fair punishment fitting the act?

Biggin Hill

Peter wrote:

Fortunately the UK has a general defence of due diligence

How does that work? Asking for a friend who’s having to sue a QC (very senior lawyer, for non-UK readers) after HMRC (UK tax authority) decided tax was due on something the QC said was tax-exempt

EGTF, LFTF
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