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

Peter wrote:

Did anyone watch that webinar? I spent 1:25hrs of my life of it and even missed a pilates class

I happened to be working on the computer so put it on in the background. I can’t say it was as useful as I had hoped.

It was surprising to hear the CAA claim that they’d had no complaints about this.

I was pleased to hear one or two mention that the FAA has a better safety record although it obviously makes no difference to the CAA.

Off_Field wrote:

It was surprising to hear the CAA claim that they’d had no complaints about this

How on earth would they expect to receive any complaints? Do people routinely complain to the UK CAA about laws? Highly unlikely.

Biggin Hill

Complaints about changes in airspace, changes in airspace bust policy, changes in licensing? Perhaps I’ve seen too many online petition type things. But I did think individuals and groups would get in touch to air grievances when they thought mistakes are being made.

French derogation applies until 20th June 2022 and hoping for further extension.

LFMD - Cannes Mandelieu, EGLL - London Heathrow, France

Qalupalik wrote:

wbardorf, I have no idea. There are no relevant outstanding amendments (link) to SI 2019 No 645.

@Qalupalik, would this paragraph in the European Union (Withdrawal Agreement) Act 2020 at https://www.legislation.gov.uk/ukpga/2020/1/schedule/5/paragraph/1#schedule-5-paragraph-1-1

mean that Schedule 3 (Savings and Transitional Arrangements) of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 at https://www.legislation.gov.uk/uksi/2019/645/schedule/3/made

and its reference to “exit day” is now supposed to refer to IP completion day, i.e. 31 Dec 2020, instead?

EGTF, EGLK, United Kingdom

I don’t know.

Subpara 1(1) in EU{WA}A 2020, sch 5, moves the date which SI 2019 No 645 comes into force from “exit day” to “IP completion day.” Whether this changes the same term in subpara 2(1) in SI 2019 No 645, sch 3, I don’t know. That subpara states “continues to be … effective on or after exit day by virtue of” EU{W}A 2018, sch 8 part 3. When SI 2019 No 645 was made that part contained only para 37. All references to “exit day” in that para were subsequently replaced with “IP completion day” by EU{WA}A 2020. So I think we are on safe ground reading subpara 2(1) in SI 2019 No 645, sch 3 accordingly.

Edited to use curly brackets instead of parentheses which don’t print properly.

Last Edited by Qalupalik at 13 Oct 10:57
London, United Kingdom

This is also very relevant to UK based pilots.

Administrator
Shoreham EGKA, United Kingdom

Europe air sports writes it like this today (my bold):

DEADLINE: FAA LICENCES MUST BE CONVERTED BY 20 JUNE 2022
We would like to draw your attention to a fast-approaching deadline for converting FAA
licences into European ones. As explained to Europe Air Sports by the European
Commission and EASA this deadline will not be extended for another time.
Many, possibly thousands, of EU-based pilots fly with third country licences – primarily FAA
licences. According to the EASA BR (Basic Regulation), persons who fly third country
registered aircraft that are permanently based in the EU should carry EASA licences
However, the deadline for converting licences has repeatedly been postponed, because
work was still ongoing between the EU and the US, regarding the licensing annex of the
Bilateral Aviation Safety Agreement. This work has now been completed.
Thus, Member States may allow flying with FAA licences until, but no further than 20
June 2022.
Our experience is that these conversions take some time. This means that there is a
danger of many applications arriving late and many people being left with no valid licence
to fly with after 20 June 2022.
Europe Air Sports strongly recommends members to start the licence conversion process
imminently.

I this really how this is now regulated in the BR? This would mean that from 1st of July next year, a US citizen/resident, say someone who is on visit in Europe (and who does not have an EASA license in addition to his FAA license) can no longer fly someone’s (Europe-based) N-registered aircraft here in Europe.

Last Edited by boscomantico at 01 Dec 09:49
Mainz (EDFZ) & Egelsbach (EDFE), Germany

boscomantico wrote:

According to the EASA BR (Basic Regulation), persons who fly third country
registered aircraft that are permanently based in the EU should carry EASA licences

I don’t think EAS knows much about this or have enough imagination to grasp of the topic and come up with definition of “based operators” in BR, nice try but it’s not enough, sorry…at the end of the day it’s up to the operator to declare if they are “EU based” or not? a friend of mine who spends + half year in NZ is not looking to get an FCL PPL to fly a UK N-reg, he is bloody convinced it’s not for him

Last Edited by Ibra at 01 Dec 10:33
Paris/Essex, France/UK, United Kingdom

Still, 10 years after Brussels kicked off this totally politically motivated scheme, has anyone heard of anyone getting busted under it? I haven’t.

The whole concept of “operator residence” remains undefined, so it would be for a court to decide “on the facts of the case” – and dependent on the national justice system, which vary a lot around Europe.

Administrator
Shoreham EGKA, United Kingdom
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