Anti N-reg provisions - EASA FCL and post-brexit UK FCL

Peter wrote:

it’s gonna cost you best part of 1k

I think it is more, right? The exam fee itself is £800+, then landing/approach fees, aircraft cost etc.
But! It IS a workaround… At least no compulsory training hours, no classroom, no theory exams.

Peter wrote:

Yes; that’s true.

Presumably, if you reval (or renew) an EASA IR in the UK with a freelance examiner, you get a UK IR, yes? It would amaze me if you had to go the CB IR conversion route… especially as the UK is honouring EASA papers for two years after 1/1/2021. Brussels is not reciprocating on that; done in another thread, and the UK to EASA IR route is the CB IR conversion.

Well, keeping in mind that if all you need to do in both cases (reval/renew and CB/IR conversion route) is pretty much the same (an IR skills test), I don’t see much difference…

arj1 wrote:

I think it is more, right? The exam fee itself is £800+, then landing/approach fees, aircraft cost etc.
But! It IS a workaround… At least no compulsory training hours, no classroom, no theory exams.

The FAA IR to CBIR conversion will not be in owner N-reg aircraft: there are only 3 UK ATOs that are happy take an N-reg (99% of CAA examiners will not do the initial CBIR ATO test in N-reg, so you may have to find one who is FAA CFI & CAA IRE, there are 3 in the UK)

The conversion will likely to involve “ATO setup”: new aircraft type, non standard avionics, wired checklist and operating procedures, weather minima, NDB approaches…all mixed with bit of crab vs wing down sausage and you are most likely to be 5h + 2h for train + exam even being a very proficient pilot (that quote was from one I guy I know who flew solo in their aircraft for 3h “to get used to the place” and probably had 800h PIC & 300h IFR), it’s not like a walk in the park

Peter wrote:

[The CAA says]: There will be no further alleviations provided unless the conditions for such an alleviation in article 71(1) of the retained Basic Regulation apply. Can anyone work out what that means?

It means that the CAA does not expect the conditions necessary for an exemption to persist beyond December but that a further extension may be made if necessitated by circumstances nearer the deadline, eg an alien invasion in September. The UK flexibility provision as retained and amended by SI 2019 No. 645 is:

Article 71

Flexibility provisions

1. [The CAA] may grant exemptions to any natural or legal person
subject to this Regulation from the requirements applicable to that
person pursuant to Chapter III, other than the essential requirements
laid down in that Chapter, or to [regulations made under] that Chapter
in the event of urgent unforeseeable circumstances affecting those
persons or urgent operational needs of those persons, where all of the
following conditions have been met:

(a) it is not possible to adequately address those circumstances or
needs in compliance with the applicable requirements;

(b) safety, environmental protection and compliance with the
applicable essential requirements are ensured, where necessary through
the application of mitigation measures;

(c) the [CAA] has mitigated any possible distortion of market
conditions as a consequence of the granting of the exemption as far as
possible; and

(d) the exemption is limited in scope and duration to the extent
strictly necessary and it is applied in a non-discriminatory manner.

[deleted]

**

Peter wrote:

There is some ambiguous stuff there, some dead links, and this bit is really weird:

Could you specify which requirements appear to be ambiguous?

In the knowledge areas screenshot the highlighted line contains the words “visiting pilots” suggesting it applies to non-resident pilots who wish to take advantage of the foreign licence validation limited to non-commercial operations for up to 28 days per calendar year. That visitor validation comes from art 8(2) in UK Commission Delegated Regulation (EU) 2020/723. The provision as it will be amended on 16th June by SI 2021 No. 614 (amended text is inside square brackets) follows. Note the regulation does not expressly require the applicant to demonstrate knowledge of air law, ATC procedures, and human performance, as will be found in the ordinary one-year validations. It’s worth pointing out that a person who is not resident in the UK is not required by UK law to hold a UK licence/validation/declaration when flying a non–UK-registered/controlled aircraft under a licence granted or rendered valid by the state of registry, eg boscomantico as a non-UK resident can continue flying his US-registered aircraft in the UK under his US pilot certificate without taking any further UK licensing action.

Article 8

Validation of pilot licences for specific tasks of limited duration

…

3. By way of derogation from the provisions of Articles 4 to 7, [the
CAA] may validate a licence which is equivalent to one of those
referred to in paragraph 2 and issued in compliance with the
requirements of Annex 1 to the Chicago Convention by a third country
for a maximum of 28 days per calendar year for specific non-commercial
tasks, provided that the applicant complies with all of the following
requirements:

(a) holds an appropriate licence and medical certificate and
associated ratings or qualifications issued in accordance with Annex 1
to the Chicago Convention;

(b) has completed at least one acclimatisation flight with a qualified
instructor prior to carrying out the specific tasks of limited
duration.

boscomantico wrote:

Yep. So, in other words, all is, or let’s say, will be, exactly as it is in EASA-land.

No, it’s worse. Now pilots must hold a UK licence/validation/declaration—granted under the UK Aircrew Regulation or UK Commission Delegated Regulation (EU) 2020/723—before flying a non–Part-21 (annex I) aircraft, which is registered elsewhere than in the UK but operated by a UK resident, in non-commercial operations. UK ANO art 148(3)(c). However, were the same aircraft registered in the UK, any licence granted or rendered valid under the UK Air Navigation Order would suffice, eg an ICAO Annex 1-compliant licence or one granted by a British overseas territory or Crown dependency. ANO arts 137 and 150.

Rob wrote:

So N reg based in the UK, EASA licence with a FAA 61.75 piggyback, is this affected.

The US restricted private pilot certificate, the 61.75, might not be accepted by the UK CAA for the purpose of the exemption in ORS4 No. 1490.

It certainly ought be owing to the default provision in the Chicago Convention for states to recognise pilot licences issued or rendered valid by the state of registry. The US restricted certificate is not in fact a validation but something closer to an actual licence.

Peter wrote:

Yes sure; if you have a UK PPL+IMCR+medical and an FAA PPL+IR+medical then you can fly your N-reg in the UK […] and outside the UK FIR

No, outside the sovereign airspace of the UK.

Peter wrote:

the definitive version

Please treat nothing I write here as definitive!

The granting of a visitor validation under art 8(3) is at the discretion of the authority so it is entitled to ask that applicants demonstrate adequate knowledge of national procedures. Whether this requires the involvement of an examiner as suggested by your list is, I suppose, a matter of interpretation in the absence of clear CAA guidance. It should at the very least be covered during the acclimatisation flight(s). This is not so different to US flight review required before any US pilot certificate holder acts as PIC. Although the US review was created in the early 70s to tackle primary accident causal factors it has evolved to include reviewing similar material.

Peter wrote:

What is the difference…

A US-registered aircraft can only be flown with a US pilot certificate in those portions of the FIR which lie outside sovereign airspace.

Peter wrote:

it means the CAA can’t bust you for infringing the FL075 Class A over mid-Channel.

Under article 12 of the Chicago Convention the state of registry is expected to ensure that aircraft carrying its nationality comply with the rules in ICAO Annex 2. So I think a trip to the infringement course would be preferred to pilot certificate/licence suspension or revocation.

Here’s a useful bit of radio phraseology from MATS Part 1 for repeat offenders:

(Callsign) I am instructed by Her Majesty’s Government to refuse entry into United
Kingdom airspace. What are your intentions?

Peter wrote:

UK has loads of 61.3 piggyback holders flying N-regs

They should also be covered by the exemption in ORS4 No 1490 whose 21 December deadline should be treated as final.