HFD,
I have come across this a number of times - flying with no medical, flying with no C of E or C of T, flying without having the rating page signed, flying with a JAR PPL that is no longer valid even though the SEP was.
The advice from Gatwick was - not to sign the licence and have the pilot return the licence plus logbook to Gatwick. They would "discuss" the matter with the pilot and they would sign off the licence.
Personally and some other examiners I know agree that there is a bit of a minefield here which the CAA leave us out on a bit of a limb;
eg.
Person produces a logbook with a mix of legal and illegal flying. Where does it say that an examiner can legally refuse to sign the ratings page if the pilot produces the correct legal evidence required by JAR-FCL, the ANO and the Standards documents.
and
Who is to say that they did not break the law on all their flights eg illegal public transport, ifr flying with no instrument qualification low flying etc etc.
I think that the examiner is merely performing an administrative function and no more. They are not the police of aviation. The pilot making the request for the licence to be signed has to make an application/declaration and is reminded of the consequences of making a false declaration.
Personally, I will do what I can to assist pilots and do a good scan of what is presented and remind them of up-coming renewals, medicals etc but I do not think that I am obliged to do so.
Regards,
DFC
PS BEagle,
I can't find anything from Pat L regarding this can you give me a clue?