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UK CAA Fitness of Character Policy (and German ZUP / ZÜP)

This local copy is quite amazing and I wonder how many have seen it.

I would expect a lawyer to really enjoy it

Administrator
Shoreham EGKA, United Kingdom

I can see a number of “statements” in that publication upon which the CAA would fail miserably e.g. “Trustworthiness – the ability to be relied on as honest and truthful”
So how can they be serious in sitting as they do as lawmaker, judge and jury? Just so laughable.

UK, United Kingdom

The wording reminds me of our Zuverlässigkeitsüberprüfung bullshit in Germany.

EDQH, Germany

That term came up before e.g. here.

Administrator
Shoreham EGKA, United Kingdom

A difference seems to be that the German ZÜP is enshrined in law, while the CAA Fitness of Character seems to be mere policy, with vague effects on license holders.

Novice pilot
EDVM Hildesheim, Germany

I wonder which EASA FCL clause they are basing this on as a basis for their administrative acts such as issuing a licence. Never seen anything that calls for a character assessment in there.

When you see a requirement for “applying the rules, in spirit and letter” you know that this hasn’t been written by anyone with even the most basic legal education as you tend to learn that often only one is possible: https://en.wikipedia.org/wiki/Letter_and_spirit_of_the_law

This screams arbitrariness from every word.

It is well known that all the people at the CAA with any ability have long gone, when EASA effictively took over, so it really shouldnt come as a surprise.

The few that are left are jobs worths or emphire builders, who between them are doing just about as much damage as is possible.

Rwy20 wrote:

This screams arbitrariness from every word.

Yeah, this especially:

The powers to intervene in these sorts of cases are discretionary, and therefore the CAA cannot set out the specific action to be taken in every circumstance. Instead, each case will be judged on its own merits.

Novice pilot
EDVM Hildesheim, Germany

The FAA, by the way, does the same. So does the FCC in the USA, even for amateur radio licences.

Andreas IOM

Clearly the Q is what safeguards there are. For example can the infringments “team” suspend your license because they don’t like your attitude, post-infringement? I happen to know they can, and do. You have no comeback, if you want to fly again.

I guess every country has some means of grounding pilots whose “look” they don’t like, but there must be an appeal process. In the UK there is no appeal process.

FWIW I am advised that CAA examiner authorisation has always been operated on this policy.

To add: someone pointed out that the framework makes reference to “civil sanctions”. This post and this post may be relevant.

Administrator
Shoreham EGKA, United Kingdom
36 Posts
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