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N reg in Europe after April 2014

Thanks Bosco. I’ll drop Adam a line.

EGBJ and Firs Farm, United Kingdom

Simplest: meet Adam House and hand over 350 quid to him. Done.

Cheapest: Probably the above.

More rewarding: fly over to the US (300
quid for the cheapeast ticket?) and get it done overe there for free. Whilst you are there, get some flying in to learn how GA is done the right way.

Last Edited by boscomantico at 13 Aug 16:00
Mainz (EDFZ) & Egelsbach (EDFE), Germany

Hi folks.

I am based in the UK and have an EASA PPL. I do not have a full IR, but I do have an IR(R).

To date, all my flying in UK and Europe has been in G-registered planes rented through flight schools & flying clubs. I am now looking at other flying options, and one such option is a non-equity N-Reg group based fairly close to where I live.

My understanding from the research I’ve done online is that as an EASA PPL holder that was issued by the UK CAA, I can fly an N-Reg plane within the UK on my existing licence – VFR and within the privileges of my IR(R) rating. However, to fly it elsewhere in Europe (eg France or Ireland), I would need an FAA Licence or “Certificate” and of course this would be VFR only as my IR(R) is only valid within the UK.

The existing group members only fly within the UK, and don’t know what is involved in getting an FAA licence.

Everything I have found online seems outdated, as it talks about UK PPLs (as opposed to EASA PPLs issued in the UK).

Can anyone advise on the steps I’d need to take to enable me to fly an N-reg in Europe outside of the UK? Preferably, I’m looking for the simplest and cheapest route. If it turns out that it’s neither simple nor cheap to make this happen, then I’ll discount the N-reg share and go for another plane on the G-register.

EGBJ and Firs Farm, United Kingdom

I am always interested in these discussion as an N-reg owner, but am not over concerned as I have dual papers. However, it always concerns me that the term "operator" doesn't yet seem to be defined (though I wouldn't have a clue where to begin to look myself I don't think), when April 2014 isn't that far away now - especially if some are going to need to apply for EASA licenses and or ratings beforehand.

Trusts for N-reg aircraft have been created to get around one law only - the requirement for US ownership of N-reg aircraft.

You are still the beneficial owner, and for example for UK tax purposes that trust would be ignored unless very specific arrangements are made with regard to the set-up of the trust (i.e., the trustee has to have real discretion and authority over the asset). Not an issue since one rarely sells an aircraft at a profit...

Clever lawyers might be able to find other set-ups that can act as operator; these set-ups will probably have a more active involvement in the running (operation) of the aircraft; e.g. if they make sure it is insured and maintained and pay the Eurocontrol bills (if any) they might be the operator.

But I don't want to be anywhere near that aircraft when it gets tested in court the first time... there is no precedent since this this is the first time (to my knowledge) anything is attached to an operator in private ops, instead of the pilot.

Biggin Hill

But aren't N registered aircraft owned by UK residents operated through a trust company, so isn't the trust the operator?

It's a question many have asked.

One reasonable way to settle who the "operator" is is by asking who has control of where the plane flies.

In the case of the US trusts, the trustee does not have that control.

There are fairly obvious scenarios where e.g. a syndicate could set up a company in say the USA (non EU) which runs a booking website, and because that company can veto any particular flight, they would then be the operator.

A lot of good lawyers will be looking at this fairly soon

I don't think it will ever be enforced by the CAAs (due to the difficulty of proving who is the operator, except in the most obvious cases) but insurance could be the main issue. I know of one bizjet operator who has set up a suitable structure and got it approved by his insurer...

Administrator
Shoreham EGKA, United Kingdom

Generally speaking no. It is a complex issue but many trusts explicitly can't be operators.

EGTK Oxford

But aren't N registered aircraft owned by UK residents operated through a trust company, so isn't the trust the operator?

jxk
EGHI, United Kingdom

As long as you are dual qualified, you are fine. VFR, IFR, the lot. Aircraft are only affected if they are "complex" (twin turboprop, jet, multi-pilot, or lots of seats); these need Part-M conforming maintenance.

This is a curious one which I have not seen defined anywhere.

What about if the foreign reg plane has some mods, certified (as they normally would be) under the State of Registry rules. The Part M company has no authority ("competence" to use the politically correct term) to sign a release to service in such a case.

So this "Part M maintenance" is going to be a sham, where the owner just writes another cheque for some rubber stamp, on top of (presumably) paying out for some parts which have life limits under Part M.

The definition of "complex" is also carefully rigged (ME Turboprop) to benefit Socata and Pilatus over Beech

Administrator
Shoreham EGKA, United Kingdom

The regs say that the if the aircraft operator is established in a member state, the flight crew needs to have EASA licences in addition to the licences required by the state of registry.

As long as you are dual qualified, you are fine. VFR, IFR, the lot. Aircraft are only affected if they are "complex" (twin turboprop, jet, multi-pilot, or lots of seats); these need Part-M conforming maintenance.

The regulation helpfully defines that an operator is whoever operates the aircraft. Opinions vary widely who the operator is for privately operated aircraft. Some CAAs have gone on the record that this applies if the pilot is resident in the member state, which is wrong; but if you have day-to-day control of the aircraft it will be hard to argue that you are not the operator.

Biggin Hill
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