Why do you say it is not accurate? Your translation is not accurate. It is basically saying that in the past it has been a simple matter for a EU resident (it then goes on to describe what it means by resident) to own an N registered aircraft and to fly it anywhere in the world without any EU licence. From now on some form of EU licensing will be necessary. There is a lot more to it than that but and more detail. What part of it do you say is so inaccurate that it is not worth reading?
Has “European residents could completely escape the control of the aeronautical authorities.” been wrongly translated?
It’s a matter of context. What it is saying is that an EU resident flying a N registered aircraft on an FAA licence was not subject to EU law (This is a rough explanation). But it is comparing the situation for cars for instance. An EU resident driving an American registered car on an American licence if caught for speeding in France would get eg an on the spot fine.
What they are trying to do with the FAA is to be able have some sort of jurisdiction over the EU resident flying on an N reg with an FAA license if they should for instance break European Air law.
So they are looking at changing the FCL so that such pilots should have some sort of EU licence.
It’s more difficult to explain than to translate and a literal translation does not totally explain. Ugh I’m getting out of my depth here.
Qalupalik wrote:
The derogation isn’t required by any pilot of a US-registered aircraft flown in a non-commercial operation in the UK where the aircraft operator is neither resident nor established in the UK. ANO art 148(3), as amended by SI 2016 No. 765.
Sorry to be dim, does this mean that a UK based pilot (flying in Europe) with EASA Licences and class 2 medical and stand alone FAA Licences and class 2 medical does need to submit the SRG 2140/2142 forms?
Peter wrote:
The UK then absorbed this reg into the ANO on 31 Dec 2020.
Does this alter Peters response to my question set out in post 36 and Peters response post 37?
Thanks
G
It’s more difficult to explain than to translate and a literal translation does not totally explain.
Well, taking “An EU resident driving an American registered car on an American licence if caught for speeding in France would get eg an on the spot fine.” and substituting the aviation version:
An EU resident flying an N-reg on an American licence if caught infringing airspace in Europe would get exactly the same punishment.
Actually he might get more, based on this post by a then NATS employee / infringements specialist (he was open about his identity, and today he works for Uavionix). That is a clear threat that the UK CAA will make sure the FAA f—-ks you without any due consideration of the alleged offence. I am sure the UK CAA, and perhaps the DGAC, would like exactly that to happen, too, but realpolitik gets in the way… especially in France.
I am not sure whether the FAA would do that, but I know enough about the arm’s length way they have operated their European “subsidiaries” in years past to believe anything is possible. They would never do that in the US, and when I asked US AOPA (I am a paying member) their “in house lawyer” basically told me they (AOPA) has no interest in foreigners flying N-regs 
There is no practical difference in the European CAAs’ jurisdiction whether you are F-reg or N-reg, if you live in France, and commit a criminal offence (all aviation law is criminal law). I vaguely recall there are some subtle technical things.
The move by Brussels, c. 2010, to force the possession of dual papers, is purely political. There is zero safety case for it. In the UK, the DfT (digging around for some dirt at the time) asked the CAA if there is any safety difference and the CAA responded No.
does this mean that a UK based pilot (flying in Europe) with EASA Licences and class 2 medical and stand alone FAA Licences and class 2 medical does need to submit the SRG 2140/2142 forms?
If he has both sets of papers then he meets both EASA FCL, and the version of it absorbed into UK law on 31/12/2020, AIUI.
SRG2140/2142 are needed only if your Euro papers are
As an example of the latter, say you have a US PPL/IR but you have a UK PPL/IMCR. Then you are good for UK IFR (Classes D-G) but if you want full IFR you need to do the forms. Same if your UK medical has lapsed, etc.
Waht is true though is that when one is flying an N-reg in Europe on only an FAA license, then the European authorities have no direct control over that only license that is required to be able to fly the aircraft. And that they wanted to change, and they did.
That is just straight ICAO however.
If they didn’t like that, they should not have signed up to ICAO.
So why did they sign up to ICAO? Because they wanted their own airlines to be able to fly to other countries
If you commit a crime, the country you are in can bust you for it just like they can bust anybody else.
Peter wrote:
If he has both sets of papers then he meets both EASA FCL, and the version of it absorbed into UK law on 31/12/2020, AIUI.SRG2140/2142 are needed only if your Euro papers are
nonexistent, or lesser than your US papers, but you want the full privileges of your US papersAs an example of the latter, say you have a US PPL/IR but you have a UK PPL/IMCR. Then you are good for UK IFR (Classes D-G) but if you want full IFR you need to do the forms. Same if your UK medical has lapsed, etc.
Many thanks Peter
G
GRIFF wrote:
Sorry to be dim, does this mean that a UK based pilot (flying in Europe) with EASA Licences and class 2 medical and stand alone FAA Licences and class 2 medical does need to submit the SRG 2140/2142 forms?
I assume you mean a UK-registered aircraft flown in a country other than the UK. A declaration made with form SRG 2140 will not satisfy the requirement in article 32 of the Chicago Convention to hold a licence issued or rendered valid by the state of registry.
Article 32
Licenses of personnel
a) The pilot of every aircraft and the other members of the operating
crew of every aircraft engaged in international navigation shall be
provided with certificates of competency and licenses issued or
rendered valid by the State in which the aircraft is registered.
This is consistent with the wording in the form, eg the title includes the words “for use in UK Airspace” and block 3 states “Private Privileges to be exercised in UK Airspace”.
Qalupalik wrote:
GRIFF wrote: Sorry to be dim, does this mean that a UK based pilot (flying in Europe) with EASA Licences and class 2 medical and stand alone FAA Licences and class 2 medical does need to submit the SRG 2140/2142 forms?I assume you mean a UK-registered aircraft flown in a country other than the UK. A declaration made with form SRG 2140 will not satisfy the requirement in article 32 of the Chicago Convention to hold a licence issued or rendered valid by the state of registry.
Many thanks for your reply, the aircraft I fly is N registered and I have both EASA and FAA standalone licences and medicals, with that it appears that I dont to need to submit the SRG 2140/2142 (?).
