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ECAC Status for homebuilt / experimental (flight privileges within Europe)

Well, if it helps you compile a list, here is the Aeronautical Notice from the Irish Aviation Authority setting out the rules here.

AN 19 From 26-8-2022

There is a list of aircraft categories that it applies too (all the usual ones that you’d expect) and then the conditions to be met

Conditions of Exemption
(a) The aircraft shall not be flown for the purposes of commercial air transport, commercial operations or
aerial work.
(b) The aircraft shall be flown only in accordance with daytime Visual Flight Rules.
(c) The conditions, limitations, exemptions and restrictions applicable under the Flight Permit, Flight
Permit exemption, or equivalent, issued by the State of Registry shall be observed.
(d) The pilot flying must hold a current licence, valid for use in Ireland or validated for use in Ireland by
the IAA.
(e) The aircraft shall not remain in the Republic of Ireland pursuant to this exemption for a period of
more than 28 days in any one visit without prior permission from the IAA, with the exception of
aircraft registered in the United Kingdom registered to an address in Northern Ireland.
(f) The registered owner shall ensure that all required documents are available for inspection when the
aircraft is in the Republic of Ireland.
(g) The aircraft shall have valid and adequate insurance cover meeting the requirements of EC
Regulation 785/2004.
(h) Aircraft fitted with ballistic recovery systems shall be labelled in such a way that first responders to
an aircraft accident/incident will be made aware of the system and the potential dangers
Explanatory Note

The intent of this exemption is to allow aircraft enter or overfly Irish airspace without the need to apply for an
individual exemption, subject to the “Conditions of Exemption” of A19. It is to facilitate short-term visits, not to
accommodate aircraft intended to be based or resident in Ireland. Such aircraft would be required to transfer onto the
Irish register.
This exemption allows such an aircraft to operate in Irish airspace for maximum period of 28 days per visit, unless
otherwise agreed by the IAA. Where there is a need for the aircraft to be in Ireland for a continuous period of more than
28 days, a specific permission from the IAA will be required. Aircraft which remain in Ireland beyond the 28-day limit
may be excluded from availing of this exemption.
Application for exemptions for aircraft not meeting the criteria of A.19 or for extended visits must be made in the
manner specified by the Irish Aviation Authority in AWSD.F.138C ‘Temporary Operations in Ireland for aircraft
without a Certificate of Airworthiness’.
EIWT Weston, Ireland

As posted so many times, ECAC is just a body which does recommendations. The actual regs are buried in national laws, and are often hard to dig out.

The general drift in this area is to tighten the privileges of homebuilts in the long term parking sense. For example UK and France limit long term parking to 28 days.

Administrator
Shoreham EGKA, United Kingdom

That list is 12 years old now. Lots have happened since that date regarding this.

What if we create our own list here? Bade it on hard references, AIP or actual correspondence ? Shouldn’t be too difficult.

The elephant is the circulation
ENVA ENOP ENMO, Norway

LeSving wrote:

Perhaps a private initiative is needed to get an updated list.

Compile the list with the references to the national legislation and have it updated maybe you’ll get lucky :-)

The implementation status in ECAC Member States of ECAC Recommendation INT.S/11-1 can be downloaded

here.https://www.ecac-ceac.org/images/activities/safety/Survey_Results_Implementation_status_of_ECAC_Recommendation_on_home-built_aircraft_1980.pdf

EBST

It’s on the ECAC website. But it appears to me that ECAC is a collection of old people that have no intentions of rocking the boat, or anything else by the looks of it It isn’t updated as far as I can see.

Perhaps a private initiative is needed to get an updated list. In the same manner as is done for the UL flying in Europe.

The elephant is the circulation
ENVA ENOP ENMO, Norway

Many thanks to everyone participating in this discussion! By far the best source in the web. I am happy to update the fantastic list, include sources (e.g. links to AIPs) and share it publicly. LeSving, would you mind sharing the most of up to date version of it?

EDAZ LOWI EDAY, Austria

Now, if the person wanted to stay for good in Norway, then this would be a different situation. In that case he would be better off importing it and putting it on LN reg anyway, because it is better than French reg for homebuilt types.

Very interesting. It is impossible to register French (or any other) homebuilts in Switzerland.

BOD
LSGY, LFSP, LFHM, Switzerland

Peter wrote:

No matter how one shakes these things, it is a ban

If you call it that, then there is a ban with modifications. But that is not how it works, and it’s not what the law say. What the law actually say (from memory) is “6 months and an additional 6 months, and after that only by approval by the aviation authority”. But I mean, 6 months starting from when? based on what? If I fly a trip before that 6 months has expired, then what?

It’s not exactly crystal clear. The words are clear enough, but what’s the underlying meaning, and how is it practiced? Another thing is once you import it, it has to be on Norwegian register (by law), simply because all Norwegian aircraft has to be registered in the Norwegian register. This is mostly about insurance etc. Any aircraft has to registered in an official (state owned) register for international insurance laws (mostly about third party, death etc) will work. It cannot be registered two places.

That was the thing about UL’s and one of the changes coming now. They are not registered in the normal official register, and that is the mean reason third party insurance (+ life/death) don’t work. But, when the new regulations starts, then you can. You can take it out of the UL register and into a new special sport category national register, and it becomes just like an EASA aircraft. This has nothing to do with hull insurance or anything like that (I’m not sure it’s even called insurance in the right sense of the word).

To call it a ban is not correct IMO. It’s more the case that the law simply does not make it possible (for us normal law abiding people who take the law as it seemingly is ). Still I can’t see how that law in any way would ban a person from France for instance, who shall work in Norway for 3 years, and who want to take his RV with him. Then the aircraft will not be imported, and as long as it is maintained properly, I don’t see what the problem should be. But that may be the main issue also. The aviation authorities are also bound by law (the same law) to assure the aircraft (and the pilot, the operation) is safe. How they do that is fully up to them, and not doing it at all, simply refusing the man/woman to bring his aircraft (for more than 12 months at a time) is a perfectly valid answer as far as they are concerned, I would think. Which would be the worst case scenario (but unlikely IMO): The aircraft would have to be flown back to France regularly during those 3 years.

Now, if the person wanted to stay for good in Norway, then this would be a different situation. In that case he would be better off importing it and putting it on LN reg anyway, because it is better than French reg for homebuilt types.

The elephant is the circulation
ENVA ENOP ENMO, Norway

That’s not how it works. It’s perfectly legal in Norway to have any aircraft registered in any country. But, the law is such that more than 6 months requires explicit permission from the authorities. The problem is of course to come up with a good reason.

Which is in essence what I said

I have no clue what reason would do, but if a US citizen lived his temporarily, I would think that would be a good reason?

Maybe, maybe not. Normally, in Europe, it isn’t. The residence or passport of the pilot or owner is irrelevant.

6 months is for all practical purposes a ban.

There has to be some allowance otherwise international aviation could not exist. This allowance may be published, or may not be. In Germany it is published as 180 days. For UK and France it is published as 28 days (see the France 28 days thread).

Then there must be a specific provision for AOG. This was done to death in the Italian luxury tax thread (which was actually certified aircraft too). Originally there was no AOG provision (an obvious cockup but do you feel lucky in Italy, if you need a local lawyer but can’t speak Italian?). Later there was an AOG provision with the proviso that the aircraft is in maintenance by an Italian company (do you again feel lucky, with your plane being “maintained” by some random outfit, just so you don’t get hit with the tax?).

No matter how one shakes these things, it is a ban. For sure you can do a lot under the radar, more so in southern Europe, but once you get rumbled, you have this hard to move object which you can’t just chuck into a suitcase and vanish.

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

Yes; the only country where foreign reg Annex 1 can be parked long-term is Germany.

That’s not how it works. It’s perfectly legal in Norway to have any aircraft registered in any country. But, the law is such that more than 6 months requires explicit permission from the authorities. The problem is of course to come up with a good reason. I have no clue what reason would do, but if a US citizen lived his temporarily, I would think that would be a good reason? (but don’t know). However, if I bought an American aircraft, then I can’t think of any reason not to put it on LN reg. But then again, I know people who do, so there is obviously a way to do it.

EASA reg is different, but in that case there is no reason not to put it on LN-reg, as this for sure will simplify customs, and the aircraft can be maintained anywhere (in EASA) no matter what.

The elephant is the circulation
ENVA ENOP ENMO, Norway
147 Posts
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