Some questions a student asked me the other day, wasnt sure how to answer

[basin]

-What is the applicability of the Air Navigation Order to UK Reg aircraft flying overseas? Equally, what is the applicability of a foreign equivalent of the ANO to UK registered a/c?

-If they hold a UK issued PPL, and fly to a state where night is not sunset +/- 30mins, do they have to adhere to the UK stipulations on PPLs as seen in the ANO that state a PPL cannot fly at night......night is defined for the purposes of this order as sunset +30mins etc.

Hope somebody can be of help here

[Curtis E Carr]

From ANO 2005 Art 95

(3) It shall be lawful for the Rules of the Air to be departed from to the extent necessary:

(a) ............................

(b) for complying with the law of any country other than the United Kingdom within which the aircraft then is................

Art 149

Except where the context otherwise requires, the provisions of this Order:

(a) in so far as they apply (whether by express reference or otherwise) to aircraft registered in the United Kingdom, shall apply to such aircraft wherever they may be;

(b) in so far as they apply as aforesaid to other aircraft shall apply to such other aircraft when they are within the United Kingdom or on or in the neighbourhood of an offshore installation;

(c) in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in, or by any of the crew of, any aircraft registered in the United Kingdom, shall apply to such persons and crew, wherever they may be;

(d) in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in the United Kingdom by other persons shall, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be; and

(e) in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft on or in the neighbourhood of an offshore installation, shall apply to every person irrespective of his nationality or, in the case of a body corporate, of the law under which it was incorporated and wherever that person or body may be ............

[Intruder]

In the case of flying to the US, FAR 91.711 applies to the operation of foreign registered aircraft. FAR 61.75 covers the issuance of a US Private Pilot license based on a license from an ICAO state, but I do not know under what circumstances getting the FAA license would be required or desired.

Sec. 91.711 Special rules for foreign civil aircraft.

(a) General. In addition to the other applicable regulations of this part,
each person operating a foreign civil aircraft within the United States shall
comply with this section.
(b) VFR. No person may conduct VFR operations which require two-way radio
communications under this part unless at least one crewmember of that
aircraft is able to conduct two-way radio communications in the English
language and is on duty during that operation.
(c) IFR. No person may operate a foreign civil aircraft under IFR unless--
(1) That aircraft is equipped with--
(i) Radio equipment allowing two-way radio communication with ATC when it
is operated in controlled airspace; and
(ii) Radio navigational equipment appropriate to the navigational
facilities to be used;
(2) Each person piloting the aircraft--
(i) Holds a current United States instrument rating or is authorized by his
foreign airman certificate to pilot under IFR; and
(ii) Is thoroughly familiar with the United States en route, holding, and
letdown procedures; and
(3) At least one crewmember of that aircraft is able to conduct two-way
radiotelephone communications in the English language and that crewmember is
on duty while the aircraft is approaching, operating within, or leaving the
United States.
(d) Over water. Each person operating a foreign civil aircraft over water
off the shores of the United States shall give flight notification or file a
flight plan in accordance with the Supplementary Procedures for the ICAO
region concerned.
(e) Flight at and above FL 240. If VOR navigational equipment is required
under paragraph (c)(1)(ii) of this section, no person may operate a foreign
civil aircraft within the 50 States and the District of Columbia at or above
FL 240, unless the aircraft is equipped with distance measuring equipment
(DME) capable of receiving and indicating distance information from the
VORTAC facilities to be used. When DME required by this paragraph fails at
and above FL 240, the pilot in command of the aircraft shall notify ATC
immediately and may then continue operations at and above FL 240 to the next
airport of intended landing at which repairs or replacement of the equipment
can be made. However, paragraph (e) of this section does not apply to foreign
civil aircraft that are not equipped with DME when operated for the following
purposes and if ATC is notified prior to each takeoff:
(1) Ferry flights to and from a place in the United States where repairs or
alterations are to be made.
(2) Ferry flights to a new country of registry.
(3) Flight of a new aircraft of U.S. manufacture for the purpose of--
(i) Flight testing the aircraft;
(ii) Training foreign flight crews in the operation of the aircraft; or
(iii) Ferrying the aircraft for export delivery outside the United States.
(4) Ferry, demonstration, and test flight of an aircraft brought to the
United States for the purpose of demonstration or testing the whole or any
part thereof.

[Curtis E Carr]

basin

Were any of these answers any use?

[mm_flynn]

As a basic concept you can consider there are three sets of rules

1 - The rules of the airspace you are flying in (The UK ANO as it relates to airspace issues, if it is UK airspace) - This applies to all aircraft flying in the airspace, regardless of nationality.

2 - The rules of the State Of Registration of the Aircraft - This applies globally to the aircraft wherever it may be. In the FARs and ANO there is a clause that says 'if the local airspace says you must do something that conflicts with the FARs/ ANO you must do the local thing'. (This allows you to follow requirements but not take up additional privileges)

3 - The rules of the State of Issue of your licence - This generally applies globally and is the same as the state of registry of the aircraft, however, there are circumstances where the rules in 2 say you can fly using a local licence in the local airspace (1 above). You need to actually parse the law to work out what is and isn't permitted.

Generally 2 and 3 wind up the same as the State of registry defines who can fly the aircraft and under what conditions.

What is night is a good question that I have not seen answered. A recommendation is to choose the more conservative definition of the airspace, licence, registration.