Thanks!
Referencing Peter’s post above, my understanding is that an SRG2140 would not be required if someone held a UK licence with respective qualifying ratings and medical.
Would therefore the same hold true for non-UK EASA licences until end of 2022 if these remain valid in the UK?
(The quoting function unfortunately doesn’t work for me on my mobile phone and iPad)
Indeed, I was expecting a similar document as the one for Swiss pilots and I wonder whether it is imprecise wording in the case of EU licences:
The Civil Aviation Authority, pursuant to article 71(1) of Regulation (EU) No. 2018/1139,
exempts from Articles 4, 5, 6 and 7 of Commission Delegated Regulation (EU) No. 2020/723
any person who is the holder of a Part-FCL licence (EASA Form 141) issued by the Federal
Office of Civil Aviation (FOCA) of Switzerland, which was valid prior to 1 January 2021 and
that continues to be valid after 1 January 2021, and renders such licences valid for the
purposes of operating an aircraft registered in the UK.
Reading the paragraph without the “, and renders […]” clause at the end, it seems to apply to Swiss licences for the purpose of the UK retained Part-FCL requirements in general and therefore also to aircraft registered in the UK, i.e. G-reg, without intentionally limiting it to G-reg aircraft.
@qalupalik, thanks for the separate PM. I couldn’t let go of this topic and continued digging and finally came to what I think is the answer to my question:
The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 Schedule 3 (Savings and Transitional Arrangements) at https://www.legislation.gov.uk/uksi/2019/645/schedule/3/made says:
My read is that for N-registered aircraft owners, paragraph 2 is the key paragraph, i.e. non-UK EASA Part-FCL licences continue to be valid until the end of 2022 (this is where the CAA reference to 31 Dec 2022 is coming from and enshrined in legislation) and treated as if it were issued by the CAA.
Paragraph 3 then applies to the use of those licences on G-reg aircraft outside UK airspace and the need for validation (and hence the generic CAA validation document for the use of these licences on G-reg aircraft outside UK airspace), however my read is that this does not invalidate or limit the scope of application of paragraph 2.
I think this should give legal certainty (with clear legal text references) with respect to the use of non-UK EASA Part-FCL licences in UK airspace (and its application to N-reg aircraft as therefore being the equivalent of a valid CAA Part-FCL licence under the UK retained version of the EU’s basic regulation and requirement to hold a Part-FCL licence) today. Would you agree?
Good find, wbardorf.
Exit day means 2300z on 31 Jan 2020. Interpretation Act 1978, sch 1 (link).
The “remainder of its validity period” mentioned in subpara 2(1)(a) above makes it rather difficult to enjoy the full 2 year period in circumstances requiring a Class 1 medical certificate. I imagine CAA will apply a lenient interpretation here.
While it meets the UK licensing requirement pursuant to para 2 above, an EEA Part-FCL licence will not meet the requirement in the US regulations to hold a licence issued by the country where a US-registered aircraft is operated. 14 CFR 61.3(a)(1)(vii).
Qalupalik wrote:
Exit day means 2300z on 31 Jan 2020. Interpretation Act 1978, sch 1 (link).
Good catch. I wonder what that means for all the CAA text on their website where the references are all to 31 Dec 2022 and to licences that were issued prior to 1 January 2021? It looks like the CAA is using “IP completion day” + 2 years for all of this rather than “Exit day” + 2 years. Is that an error?
Qalupalik wrote:
The “remainder of its validity period” mentioned in subpara 2(1)(a) above makes it rather difficult to enjoy the full 2 year period in circumstances requiring a Class 1 medical certificate. I imagine CAA will apply a lenient interpretation here.
Presumably a UK Part-MED Class 1 + non-UK EASA Part-FCL licence combination should work though.
While it meets the UK licensing requirement pursuant to para 2 above, an EEA Part-FCL licence will not meet the requirement in the US regulations to hold a licence issued by the country where a US-registered aircraft is operated. 14 CFR 61.3(a)(1)(vii).
Agree with that. My earlier post and also the combination UK Part-MED Class 1 + non-UK EASA Part-FCL licence were supposed to refer only to compliance with the UK airspace requirement to hold a UK Part-FCL licence under the UK retained version of the EU’s basic regulation and requirement to hold a Part-FCL licence for the operation of N-reg aircraft (or in fact any aircraft operated by a UK resident), i.e. nothing with respect to US regulations.
Flyer webinar on this topic mon 16 Aug 1900 BST
https://www.flyer.co.uk/flyer-webinar-operating-on-faa-certificates-in-the-uk
It is a bit of a shame that this formerly useful thread has been „corrupted“ with what is really a purely UK issue separate from EASA now that Brexit has past, of limited interest to anyone resident outside the UK.
Not quite; UK N-reg pilots have the same “dual pilot papers” issue as mainland ones. This is due to the Withdrawal Act which incorporated EU law into UK law on 31/12/2020. The EU law wording would not make any sense if left alone (mutatis mutandis or whatever it is called) so it was amended and inserted into the ANO.
The only difference is that in the UK the relevant rule is in the ANO, while for the mainland EASA FCL and Brussels remain the authority.
Any enforcement (and practically none is known) would be national.
So we are all still in the land of derogations (or not) 
I will watch the video when I get time. It isn’t available until 16th August anyway and knowing the players there will be little or nothing new in it.
Did anyone watch that webinar? I spent 1:25hrs of my life of it and even missed a pilates class
There was nothing in it which an informed EuroGA-reading N-reg owner does not already know.
It was quite mixed-up and jumping from one vague topic to another. But a couple of interesting points were made:
Currently Channel Islands and presumably also Isle of Man residents appear to be exempt from this UK or EASA dual papers requirement but one Jersey pilot said the Jersey CAA is “looking into it”
2-reg (Guernsey) was mentioned but they didn’t know of the maintenance issues, which force most 2-reg owners to fly to Guernsey for the Annual, and often much else. It is a good licensing solution but only if you can get a lift back home while they are working on it One guy I know has had huge hassle transferring an SR22 out of 2-reg which he put on it by mistake.
That’s about it. No new information.
