Validity of JAA CPL / IR from Member States

[2close]

Here's a Catch 22.

In some JAA member states you MUST have an IR(A) to fly IFR and you MUST fly IFR at night, i.e. there is NO Night VFR.

Therefore, how can the requirements for the Night Qualification or the night flying portion of the CPL(A) be satisfied, i.e. the 5 x SOLO take-offs and landings.

Also, in order to commence the IR(A) you must hold either a PPL(A) or CPL(A) with night flying privileges so you couldn't do the IR(A) first.

So, unless anyone can see a way around this where does this leave licences and ratings issued by these countries?

2close

[Curtis E Carr]

JAR-FCL 1.175 sub-para (a) states

The holder of a pilot licence (A) shall
not act in any capacity as a pilot of an aeroplane
under Instrument Flight Rules (IFR), except as a
pilot undergoing skill testing or dual training,
unless the holder has an instrument rating
(IR(A)) appropriate to the category of aircraft
issued in accordance with JAR–FCL

suggesting that an IR(A) is indeed required to fly IFR.

In the UK, Rule 20 of the Rules of the Air Regulations states

(1) Subject to paragraph (2) an aircraft shall always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules.

(2) In the United Kingdom an aircraft flying at night shall—

(a) be flown in accordance with the Instrument Flight Rules outside a control zone;

(b) be flown in accordance with the Instrument Flight Rules in a control zone unless it is flying on a special VFR flight.

As you can see from sub-para (2) above, within a control zone, you are either IFR or special VFR thus able to fly at night (albeit within a zone) without being the holder of an IR(A).

But there's more. JAR-FCL 1.175 sub para (b) goes on to say

In JAA Member States where national legislation requires flight in accordance with IFR under specified circumstances (e.g. at night), the holder of a pilot licence may fly under IFR, provided that pilot holds a qualification appropriate to the circumstances, airspace and flight conditions in which the flight is conducted........

In the UK, this is how one can fly at night outside a zone (therefore IFR) provided one holds "a qualification appropriate to the circumstances, airspace and flight conditions in which the flight is conducted" i.e. the night qualification.

Be careful when you go to Ireland, though, as they have chosen not to implement the alleviation allowed for in JAR-FCL 1.175 sub para (b). Consequently, all of their night flying pursuant to the issue of the night qualification or CPL(A), can only be carried out within a control zone where they are flying special VFR. Bear in mind, however, that zones around the Irish airfields tend to be 10 nm radius.

Hope this helps.

[2close]

Hi Curtiss,

The UK is OK in this respect - I am aware of that - as we can fly IFR by day or night without an IR(A) or an IMCR.

The same applies in other JAA Member States that permit Night VFR.

It is those states that DO NOT permit Night VFR or IFR without an IR(A) that I am referring to.

I hold a ME CPL(A) IMCR FI(A) plus Night and Instrument Instructor privileges but as I have not yet completed the IR(A) I cannot fly IFR or at Night in certain JAA member states, however, my personal circumstances have nothing to do with my question.

My point is that those member states (NOT the UK) which do not permit SOLO night flight without an IR(A) - as the night flight MUST be IFR - DO NOT meet the requirements of JAR FCL 1 for licence and or rating issue.

Open for comments.

2close

PS. For the mods - perhaps this should have been posted in the Instructor Forum. My bad!

[Keygrip]

...and now it has been. My fix.

[Whopity]

When it becomes EASA-FCL they will all be the same!

[janrein]

2close

The Netherlands is one of those countries not allowing NVFR, any flight at night - whether totally VMC or not - must be under IFR i.e. you must hold the IFR rating and have the aeroplane IFR-equiped.

I did the night flying in Belgium, then applied for the NQ(A), argumenting that the conditions of JAA xxx had been satisfied and got my license issued a few weeks later stating "NQ(A)". There wasn't any specific formular for it at the time (approx 2003).

Spain is another such country, NQ(A) diversions e.g. to Portugal.

AFAIK there is no requirement to do those night hours with an RG or FTO from your own country. If you would do Integrated I presume the FTO has foreseen such diversions.

QUOTE
My point is that those member states (NOT the UK) which do not permit SOLO night flight without an IR(A) - as the night flight MUST be IFR - DO NOT meet the requirements of JAR FCL 1 for licence and or rating issue.
UNQUOTE

I'd like to see that those countries were forced/persuaded to comply, however there is no such thing as a JAA-"Law", it's merely a weak agreement c.q. "intention" among states to implement the agreed/intended in their own national laws, with all kinds of reservations, escapes and exceptions.

Indeed EASA-FCL should become the first European law on this and regulate / harmonise. Glider, Free Balloon and Ultralight are supposed to become included, but also national regulations may go out of the window in the process, e.g. the UK IMC-rating, which IMHO would be a loss.