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

This is relevant, as a recent development.

Administrator
Shoreham EGKA, United Kingdom

It’s been pointed out to me that there does in fact exist (now) an EASA definition for the famous “operator residence” determination:

It is still vague in places e.g. with the whole of the last para is blindingly obvious that those are the criteria you would take into account. But clearly somebody has been trying to “fix it”

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

(b) the person’s family status and ties;

Sounds like they’re really investigating all parts of your life to get an idea about this question. Seems to be borrowed from tax law, but it somehow feels like taking a sledgehammer to crack a nut.

Funny, because for me, I’ll be paying tax in the US (as well as France) forever, because of my pensions and investments. ANd my professional activity is centered, as much as it is anywhere, in Australia and India. ANd I have a home in London, though no plan to live there. SO maybe I don’t need those EASA licenses after all!

LFMD, France

Hi,
I wonder what happens when our CAA derogation expires (I think on 20 June 2021)?
Do we go through the SRG2140/2142 process all over again?

And just to check, this is for flying G-reg in UK airspace based on an ICAO licence?
If just flying N-reg on FAA certificate then CAA derogation not needed – is that right?

Thanks

United Kingdom

I reckon they will but as always the announcement will be made at the 11th hour only.

SRG2140 and SRG2142 still exist and are readily found on google. SRG2142 is now online; I haven’t tried it but it looks like they get you to upload pics of your documents, rather than have to go to an FTO/ATO and get the “CFI” to certify they are real (which was not possible last June due to CV19).

On the other 2 questions:

Not sure – see this thread further back on whether FAA-specific. The 2142 was, IIRC. Ref the long debate further back on whether the Class 3 medical was good enough.
No; the whole point of the Brussels “law” was to harrass N-reg pilots whose “operator” is based in the UK. The UK then absorbed this reg into the ANO on 31 Dec 2020.

Administrator
Shoreham EGKA, United Kingdom

plangley wrote:

And just to check, this is for flying G-reg in UK airspace based on an ICAO licence?
If just flying N-reg on FAA certificate then CAA derogation not needed – is that right?

The derogation only covers US private pilot certificates and higher. There’s nothing in the derogation (ORS4 no 1380) limiting flight to UK airspace. However, pursuant to art 32(a) of the Chicago Convention, you’d need a certificate of validation from the UK CAA before using a US pilot certificate to fly a UK-registered aircraft in the sovereign airspace of another contracting state.

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.

Last Edited by Qalupalik at 09 May 17:53
London, United Kingdom

The april number of french magazine Aviation & Pilote had a good article listing all the dates, deadlines, combinations and what to do.

ESMK, Sweden

Arne wrote:

The april number of french magazine Aviation & Pilote had a good article listing all the dates, deadlines, combinations and what to do.

Any way to see it without needing to purchase it?

LSZK, Switzerland

The intro is misinformed garbage

Indeed, the European Commission was moved by the fact that, unlike the situation observed for land vehicles, European residents could completely escape the control of the aeronautical authorities.

so I would not pay to see the rest

Administrator
Shoreham EGKA, United Kingdom
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