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

No, UK CAA must actively decide to make use of the derogation.

But the UK CAA has already decided, and is committed in writing (CAP 1754) to:

• Only regulate directly when necessary and do so proportionately
• Deregulate where we can and delegate where appropriate
• Do not gold plate and quickly and efficiently remove any gold plating that already exists

Since they can derogate, clearly they must have done so and just not got around to telling us yet.

Has somebody a current list of countries who have opted out from EASA / EU 1178/2011 / 965/2012? I only know about the excel on https://www.easa.europa.eu/document-library/regulations/opt-out-from-regulations – which states that Austria, Belgium, France, Germany, Italy and Luxemburg have opted out. The others are marked with “No information” or “Not applicable”.

So, who know to which EU countries you can currently fly to with an N-Reg and a valid FAA IR as a EU resident?

(The latest update from Germany is in NfL 1-1575-19, valid until June, 20th 2020).

Thanks, @peter. Yes, it’s amazing how easy it is to find out how to stay legal.

“But the plans were on display…”
“On display? I eventually had to go down to the cellar to find them.”
“That’s the display department.”
“With a flashlight.”
“Ah, well, the lights had probably gone.”
“So had the stairs.”
“But look, you found the notice, didn’t you?”
“Yes,” said Arthur, “yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.”

BerlinFlyer wrote:

So, who know to which EU countries you can currently fly to with an N-Reg and a valid FAA IR as a EU resident?

I know there isn’t universal agreement on this, but my interpretation is that derogation only needs to be made by the country where you reside. If it has made the derogation then you can fly in any EASA-land. As far as I know there has been no legal interpretation of the law, and I think it’s better to let sleeping dogs lay.

I’ve been flying on that basis ever since the regulation was passed and the derogations implemented without ever any question (10 years?). I haven’t heard of anyone being subject to a country trying to apply something else, and I don’t think any country is actively trying to enforce that particular regulation anyway. If any country tries to apply any other interpretation, I’ll challenge them on it.

This interpretation would lead to lots of more questions and to absurd results for many cases.

First of all, it would be completely against EU principles that a german resident with is allowed to fly in German airspace with FAA license only while Germany prevents a Spanish with the very same license to do so because Spain has not derogated.
More fundamentally: Germany is not in the position to allow or forbid anyone to do something in the Spanish airspace. So even if Germany derogated, they can‘t allow someone to fly in Spanish airspace by that.

Amongst the absurd situation would be, that for a Spanish resident it would be illegal to fly from Barcelona to Madrid with FAA-license only while in your interpretation it would be completely ok to do the same flight as a German resident.

Questions of your interpretation include: What does that „reside“ mean? What if you „reside“ in more than 1 member state (if one derogated and one not)? What if you move from a member state that derogated into one that did not (leading in your interpretation to the situation that you are allowed to fly into your new home but from there you must „never“ fly out again).

Altogether: No! Derogation means that you are allowed to fly an n-reg plane with „FAA-license only“ in the airspace of that country. Doesn‘t matter in which country you reside.