For those who can remember back to 1999 and beyond, we had three classes of Medical in the UK. Class 1; Class 2 and Class 3, PPLs operated with a Class 3 in accordance with ICAO Annex 1.
When we joined the JAA, for aeroplanes in July 1999, then the Class 2 became defunct and the Class 3 became the new Class 2. So even then, a US Class 3 equated to a European Class 2.
As I see it, nothing has changed in 18 years apart from the inability of the CAA to understand this.
Well I would say that this is highly prejudicial to flight safety because anyone reading the drivel contained in this ORS4 no. 1228 is definitely going to lose the will to live, which is a bad idea if flying at the time.
Looks like nobody (who can post) has seen the real text.
Can anyone summarise the bottom line, for UK based N-reg pilots, today?
The FAA Class 3 is now acceptable, which clearly implies an EASA medical is not needed (because if it was then the “Class 2” requirement would be met automatically since nothing lower exists) and thus EASA FCL pilot papers are not needed either because without an EASA medical they are worthless.
If I got this wrong then it all makes even less sense!
But also the UK has stated it won’t be applying for the EASA FCL derogation…
Do we in effect have a derogation till April 2018 or April 2019, or indefinitely until the EASA-FAA BASA is concluded?
I realise there is the separate matter of the flight being possibly illegal in some other EU country which has not applied for the derogation, but we have had this situation since April 2012.
My summary of the bottom line is that it is a mess, has been for several years, and probably will continue to be a mess for several years to come…
And, frankly, I’m perfectly happy with that.
Cheers, Sam.
Can anyone summarise the bottom line, for UK based N-reg pilots, today?
Is anyone still sending in those forms for UK operators? They now seem meaningless.
Amazingly, nobody seems to know 
I was talking to someone yesterday who flies an N-reg for a client. It seems that if you get that form filled in (about air law etc knowledge) and send it to the UK CAA, you are good to fly on FAA papers alone in UK airspace, and outside the UK it seems even more “OK” unless you get into the intractable debate about whether the derogations are pilot-base-based or airspace-based (and the UK has not applied for the EU derogation).
The remaining issue is that the form requires an FAA Class 2 in one place and an ICAO Class 2 (which the latest CAA ruling says the FAA Class 3 does meet) in another place.
And this situation is to continue until some FAA treaty is concluded i.e. until further notice…
Any comments?
As said, a mess! :-)
One approach is just to consider that if the pilot’s country of residence has notified EASA that they have chosen to opt-out until April 8 2019 and not apply Article 4(1)(b) or (c) of EC reg 216/2008, then the pilot is legal to fly an aircraft of 3rd country registration on that country’s license and medical anywhere within EASA-land in non-commercial operations… and get on with flying. (Sorry if this doesn’t help you UK folks with the UK’s rather unique formulation of their opt-out phrasing).
While there has been a lot of discussion in the forum about whether the above is true in any EASA land that has not opted-out, I have not heard of any prosecutions as a result of taking this approach. My suspicion is that if one were to arise, the chance of fighting it and winning would be very high given the legal uncertainty. Certainly I would hope that any such prosecution would raise a huge scandal and protest to EASA from the AOPA’s across Europe if nothing else on the basis that the law is not clear and hence unenforceable until clarified.
While there has been a lot of discussion in the forum about whether the above is true in any EASA land that has not opted-out, I have not heard of any prosecutions as a result of taking this approach.
Well, that’s probably because a lot needs to come together in order for that to happen.
1. The number of FAA certificated private pilots who fly abroad is small.
2. The number of those that do not have EASA papers is smaller
3. the number of those pilots that fly to those countries that have not opted out is even smaller
4. The number of those pilots submitted to a ramp check in one of those countries is even smaller, maybe even 0
5. Even if there was a ramp check, it is not certain they would bothered to address this particular issue.
