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Old 9th July 2001 | 23:19
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Charley
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Joined: Oct 1999
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From: UK
Unhappy

Okay, I'll try to explain my confusion.

It one part of CAP393 it seems to say that a JAA-licenced PPL/IMC can do near-enough the same as a CAA PPL holder. This is the part of Schedule 8 the describes the various licences. However, further into Schedule 8 where it describes the ratings it paints a different picture.

I'm really sorry if this gets tedious, which it might, but here are all the relevant extracts from CAP393.

Firstly,

{CAP 393 / Section 1 (The Air Navigation Order 2000) / Schedule 8 (Flight crew of aircraft - licences and ratings) comprising Articles 22 through 26 inclusive / Part A - Licences / Section 1 - United Kingdom Licences / pages ANO Sect 1/171 & 1/172 (both Aug 2000)}

From Private Pilot's Licences (Aeroplanes);

Privileges:

{...}

2(c) He shall not, unless his licence includes an instrument rating (aeroplane) or an instrument meteorological conditions rating (aeroplane), fly as pilot in command of such an aeroplane:

2(c)(i) on a flight outside controlled airspace when the flight visibility is less than 3 km;

2(c)(ii) on a special VFR flight in a control zone in a flight visibility of less than 10km except on a route or in an aerodrome traffic zone notified for the purpose of this sub-paragraph; or

2(c)(iii) out of sight of the surface

2(d) He shall not fly as pilot in command of such an aeroplane at night unless his licence includes a night rating (aeroplanes) i.e. the CAA rating or a night qualification (aeroplane). i.e the JAA 'rating'

2(e) He shall not, unless his licence includes an instrument rating (aeroplane), fly as pilot in command or co-pilot of such an aeroplane flying in Class A, B or C airspace in circumstances which require compliance with the Instrument Flight Rules.

2(f) He shall not, unless his licence includes an instrument rating (Aeroplane) or an instrument meteorological conditions rating (aeroplanes), fly as pilot in command or co-pilot of such an aeroplane flying in Class D or E airspace in circumstances which require compliance with the Instrument Flight Rules.

{...}

This covers the CAA licence. Further on, the JAA licence is covered fairly similarly.

{CAP 393 / Section 1 (The Air Navigation Order 2000) / Schedule 8 (Flight crew of aircraft - licences and ratings) comprising Articles 22 through 26 inclusive / Part A - Licences / Section 2 - JAR-FCL Licences / pages ANO Sect 1/181 & 1/182 (both Aug 2000)}

From Private Pilot Licence (Aeroplanes);

{...}

2(a) The licence is subject to the conditions and restrictions specified in paragraph 1.175 of JAR-FCL 1.

2(b) The holder shall not, unless his licence includes an instrument rating (aeroplane) or an instrument meteorological conditions rating (aeroplanes), fly as pilot in command of such an aeroplane:

2(b)(i) on a flight outside controlled airspace when the flight visibility is less than 3 km;

2(b)(ii) on a special VFR flight in a control zone in a flight visibility of less than 10 km except on a route or in an aerodrome traffic zone notified for the purpose of this sub-paragraph; or

2(b)(iii) out of sight of the surface.

2(c) The holder shall not, unless his licence includes and instrument meteorological conditions rating (aeroplanes), fly as pilot in command or co-pilot of such an aeroplane flying in Class D or E airspace in circumstances which require compliance with the Instrument Flight Rules.

2(d) The holder shall not fly as pilot in command of such an aeroplane at night unless his licence includes a night rating (aeroplanes) or a night qualification (aeroplane).

{...}

The preceeding definition describes the JAR-FCL licence. Notice also, aside from my IMC gripe which I will come to, that this seems to prohibit PPL/IR holders from flying in Class A (airways) or B (upper airspace) due to the exclusion of a clause similar to that of (e) in the CAA bit........

Anyway, I digress. This gives you the full, legal definition of the privileges for the CAA and JAR-FCL PPLs respectively. Onwards now to the Ratings section.

{CAP 393 / Section 1 (The Air Navigation Order 2000) / Schedule 8 (Flight crew of aircraft - licences and ratings) comprising Articles 22 through 26 inclusive / Part B - Ratings / page ANO Sect 1/187 (August 2000)}

Instrument meterological conditions rating (aeroplanes) shall within the United Kingdom:

(a) subject to paragraph (c), entitle the holder of a United Kingdom Private Pilot's Licence (Aeroplanes) or a United Kingdom Basic Commercial Pilot's Licence (Aeroplanes) to fly as pilot in command of an aeroplane without being subject to the restrictions contained respectively in paragraphs (2)(c) and (f) of the privileges of the United Kingdom Private Pilot's Licence (Aeroplanes) or (2)(b)(vii) or (xi) of the privileges of the United Kingdom Basic Commercial Pilot's Licence (Aeroplanes).

(b) subject to paragraph (c), entitle the holder of a JAR-FCL Private Pilot Licence (Aeroplanes) to fly as pilot in command of an aeroplane in Class D or E airspace in circumstances which require compliance with the Instrument Flight Rules.

(c) the holder shall not fly:

(c)(i) on a special VFR flight in a control zone in a flight visibility of less than 3 km;

(c)(ii) when the aeroplane is taking off or landing at any place if the flight visbility below cloud is less than 1800 metres.

Here lies the crux of my problem. The definition of the rating itself does, for the CAA holder, specifically say that he can fly without the restrictions specified in paragraphs (2)(c) and (2)(f) of the licence definition. The definition of the rating for the JAA holder does not make a similar exemption.

I guess it's all down to perception. Perhaps the CAA meant for the IMC Rating to be as valid for the JAA PPL as for the CAA PPL and just messed up the wording; after all, the definition of the JAA licence does say 'unless the holder has an IMC' (sic).

Alternatively, perhaps there is supposed to be a clear gap in the privileges of the IMC Rating when applied to either rating. Clearly there is some inconsistency between the way the licence definition for the JAA PPL references the IMC Rating and the way the the definition of the IMC Rating references the JAA licence.

I'm more than willing (and indeed I hope) to be proved wrong on this one.
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