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dorepilot
18th Jul 2009, 08:00
Can a UK citizen with a stand-alone FAA PPL (no JAR licence) fly a G Reg aircraft to France - legally? I have read the ANO and think I can, but I want that to be the answer, does anyone know if I am right?

IO540
18th Jul 2009, 12:00
Yes, reference is in Article 26. VFR noncommercial only.

Air Soul
18th Jul 2009, 14:23
(4) For the purposes of this Part of this Order:
(a) subject to sub-paragraph (b), a licence granted either under the law of a
Contracting State other than the United Kingdom but which is not a JAA licence
or a licence granted under the law of a relevant overseas territory, purporting in
either case to authorise the holder to act as a member of the flight crew of an
aircraft, not being a licence purporting to authorise him to act as a student pilot
only, shall, unless the CAA gives a direction to the contrary, be deemed to be a
licence rendered valid under this Order but does not entitle the holder:
(i) to act as a member of the flight crew of any aircraft flying for the purpose
of public transport or aerial work or on any flight in respect of which he
receives remuneration for his services as a member of the flight crew; or
(ii) in the case of a pilot's licence, to act as pilot of any aircraft flying in
controlled airspace in circumstances requiring compliance with the
Instrument Flight Rules or to give any instruction in flying;


My interpretation is that this allows a FAA licence holder (among others) to fly a G reg aircraft, VFR, Non commercial.

However Article 26 part 11 states

(11) Notwithstanding anything in this article:
(a) the holder of a licence granted or rendered valid under this Order, being a licence
endorsed to the effect that the holder does not satisfy in full the relevant
minimum standards established under the Chicago Convention, shall not act as
a member of the flight crew of an aircraft registered in the United Kingdom in or
over the territory of a Contracting State other than the United Kingdom except in
accordance with permission granted by the competent authorities of that State;


Which I think means permission needs to be granted, in this case, by the French authorities.

IO540
18th Jul 2009, 14:29
I think that

being a licence
endorsed to the effect that the holder does not satisfy in full the relevant
minimum standards established under the Chicago Conventionmeans that sub ICAO licenses (e.g. some foreign version of the UK NPPL like the US Sports Pilot license) or licenses with a sub ICAO medical (e.g. an ICAO PPL with a special concession medical valid only in the issuer's airspace) are not valid for this purpose.

That would be reasonable. Almost nobody validates sub ICAO licenses.

I don't think the French have any say in this at all - short of a specific ban.

An FAA PPL is 100% ICAO compliant.

dorepilot
19th Jul 2009, 07:49
Thanks IO540, that was my interpretation too. Now I just have to convince any DGAC official who might stop me. I'm going to take a translation of the relevant section of ANO with me, jut in case!

Whopity
19th Jul 2009, 08:39
Just carry a copy of Article 26 with you, its unlikely anyone will question you but at least it shows them you are legal.

patowalker
19th Jul 2009, 08:43
Why would the French be interested in our ANO any more than they would be interested in our Highway Code?

Whopity
19th Jul 2009, 09:48
Because a UK Reg aircraft is operated in accordance with the UK ANO wherever it may be in the world. If our rules for who can legally fly it are different from theirs, then the UK ANO is the only way to verify it!

Possibly the same reason they would be interested in your UK Insurance Certificate.

KingAir77
20th Jul 2009, 03:38
Whopity,

I can't exactly agree with you on that issue. Yes, a G-Reg plane has to be operated in compliance with the ANO. It also has to be operated in compliance with the rules of the state in which it operates, so in this case France. If the rules are contradictory, you will have to apply the most restricting rules.

And to make matters even more complicated, in this case he will also have to comply with FAA rules concerning licence holder privileges, and again, the most restrictive of the three here will apply.

This concept of contradicting rules actually applies for everything regulated, licenses, rules of the air etc...

IO540
20th Jul 2009, 06:31
Yes, a G-Reg plane has to be operated in compliance with the ANO. It also has to be operated in compliance with the rules of the state in which it operates, so in this case France. If the rules are contradictory, you will have to apply the most restricting rules.That's correct, but France has not explicitly banned G-reg flown on non-UK licenses, therefore it is allowed.

I am not aware of any example (in Europe or USA) where an ICAO member has banned somebody else's aircraft/paperwork combination. Each member has jurisdiction over its airspace and thus could in theory do this, but if this happened in a widespread manner it would make a mockery of ICAO and international aviation would grind to a halt.

In the 3rd world there are plenty of bans in place against aircraft registered in countries with whom one is at war, etc. And even Spain did not, AFAIK, permit flights departing for Gibraltar from Spanish territory (though AFAIK they did allow overflights). You might have some fun overflying Iran in a plane registered in Israel, perhaps ;) But can you think of a ban specific to an aircraft registry / license combination??

There are much bigger issues e.g. landing an N-reg in France without carrying a certificate of having paid EU VAT. Confiscation is a possible worst-case outcome.

Whopity
20th Jul 2009, 11:44
It also has to be operated in compliance with the rules of the state in which it operates, so in this case France. If the rules are contradictory, you will have to apply the most restricting rules.Quite true regarding the operation in French airspace but the French have no jurisdiction as to who may operate a UK registered aircraft, any more than we have regarding who may fly a French registered aircraft, so there is no contradiction and the UK ANO applies.

englishal
20th Jul 2009, 18:01
Now I just have to convince any DGAC official who might stop me.
Email the DGAC and ask them, and then print out their reply and keep it with you. I did that and they responded that it was fine as the CAA recognised the FAA licence. I've lost the response now but they replied in a day or two.