The AIP is not the law.
Various threads – example.
A lot of it depends on your country’s legal system, and how “due diligence” is handled. In the UK, for example, you have a general defence of due diligence so e.g. this (where the pilot got duff info from an airport) could not have happened. But in e.g. Germany the system is different; any amount of due diligence is worthless if the ultimate legal source is not used.
It’s a pretty bad position, but it is what we have. Europe is not one country. Also here.
This is also why the ECAC recommendation is so powerful. When this is referred to in the AIP, then any and all obscure and hidden local laws and regulations are rendered irrelevant for the PIC
Ahem, no… it is a good start though. I am damn sure there are some major countries in Europe where it would not count, due to having a totally strict legal system with zero due diligence allowance.
,,,its has been discussed a zillion times, as long there is no descent lobby group for GA on European level, including experimental there is no leverage with the current splintered set up. If anyone feels tempted to set up a lobby group EUROGAPA ;-) now that would be fun as a the theme for the Dutch entrance for the eurovision contest is Joost – Europapa ;-)..
We are pilots, we are not lawyers 
The possibility of doing something that will get you hard despite following the AIP, is small. It’s not zero, but it’s certainly not worse than travelling by any other means. We have to put this into perspective. There’s risk in all aspects of life.
With homebuilts the situation is a bit more obscure than with an EASA certified aircraft. The reason is a jungle of local laws and regulations that is close to impossible for a normal pilot to dive into. The ECAC recommendation will get you off that hook – if implemented as is. ECAC “with restrictions” is not ECAC, simply because the whole point of the recommendations is “without any restrictions other than those found in the CoA or PtF”.
Either the recommendation is implemented or it isn’t. It’s a binary thing. ECAC “with restrictions” is also fine, if those restriction are in clear text in the AIP. The Danish approach is certainly not OK, referring to some local law text with no link, no nothing.
A list based on the AIP exclusively will help IMO. It will help pilots. Just finding relevant information about this in the AIPs is not exactly easy. Relevant information is buried in many places in the AIP. It will also show who is the “bad guys” for everyone to see. This is a good thing.
LeSving wrote:
I would start with the following, and only stick to the AIP:
Any mentions in the AIP about foreign homebuilt aircraft? (YES/NO and the ref if YES)
Then, is prior permission is required (YES/NO).
Then, according to the ECAC recommendation? (YES/NO)
Then restrictions. (too many possibilities to mention), but the main ones are probably:
Duration
Flight rules : (VFR day, VFR night, IFR)
Others
Then contact information. Very important if prior permission is required, but otherwise also.
Sorry for the delay gentlemen – I created the list Anyone can view and comment, please ask for permission to edit (or shoot me a PM with your email address and I will add you). Idea would be we start filling this list and keep it us much up to date as possible. Would be very handy if we condense all expertise in a single, publicly available documents.
Ireland is updated on that sheet.
If others could up date their country, it could become a very useful resource.
The problem with external docs is that these projects always eventually die. So I would recommend posting screenshots periodically.
Update on my original question from discussions at Aero24 with PPL IR: INTERNATIONAL flights with a UK Night IFR homebuild aircraft (under a Permit to Fly and a “full” IR & PPL(A)):
Ireland: Day VFR only
France: Day VFR only
Germany: Day VFR only
Holland: Day VFR only
So doesn’t appear to be much point in jumping through all the necessary hoops to get a Night IFR approval from the UK LAA.
If any of this is duff information please post a correction.
Neil_F wrote:
So doesn’t appear to be much point in jumping through all the necessary hoops to get a Night IFR approval from the UK LAA.If any of this is duff information please post a correction.
Well, previously it was communicated that you could get an approval to fly a PtF aircraft under IFR and/or night (if it states that in the original Permit) in almost any country, except for Germany.
I don’t think so.
Firstly you need to not have a VFR restriction on the permit. That restriction is almost universal in Europe. Ideally you want an N reg but they have more problems.
The UK LAA IFR scheme is well discussed here. France was said to have a route but poorly known. Norway of course has everything
