After checking it would seem that indeed a Derogation on the EASA mandatory carriage of Mode S transponders do exist both in France and in the UK. So contrary to what I have said previously ,this aircraft could indeed had been carrying an old Mode A/C. My bad.
the EASA text is here :
Aircraft operating IFR/GAT in Europe are required to carry and operate Mode S Level 2s (i.e. with SI code capability) transponder(s) with Mode S Elementary Surveillance (ELS) capability. Aircraft compliance with this requirement shall be ensured by:
- 8 January 2015 for “new” aircraft, i.e. aircraft with an individual certificate of airworthiness first issued on or after 8 January 2015
- 7 December 2017 for aircraft with an individual certificate of airworthiness first issued before 8 January 2015
Aircraft operating IFR/GAT in Europe and with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots are required to carry and operate Mode S Level 2s transponder(s) with Mode S Elementary Surveillance (ELS), Enhanced Surveillance (EHS) (for fixed wing aircraft) and ADS-B 1090MHZ Extended Squitter (ES) capabilities. Aircraft compliance with this requirement shall be ensured by:
- 8 June 2016 for “new” aircraft, i.e. aircraft with an individual certificate of airworthiness first issued on or after 8 June 2016
- 7 June 2020 for aircraft with an individual certificate of airworthiness first issued before 8 June 2016
Note: Aircraft that do not meet the specific criteria defined in the amended article 14 of Regulation 1207/2017 may be granted an exemption against the Mode S EHS requirements.
On the FAA IR qualification, and not mentioned on the FAA licence data base , Well it would depend what kind of FAA licence he held. If he held a FAA Private pilot Foreign based ( like the one I have ) the licence is issued based on the national one , it carries the statement : "
valid only when accompanied by (State) pilot licence , all limitations and restrictions on the (state) licence apply ."
I also do not think , based on his experience, would file an IFR flight plan not being qualified. But , OK , we know how people pushed by events are sometimes short-cutting the basics ..The ground collision in Linate comes to mind...