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Old 4th Oct 2009, 11:14
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tcasguy
 
Join Date: Feb 2006
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Almost but not quite!

411A writes: Well actually, this is quite incorrect.
ALL scheduled air carriers that operate to the USA must hold 14CFR129 operating authority, so the FAA does indeed have authority for USA ops (only) by a foreign air carrier.

The part 411A missed is that under 14CFR129, the foreign airlines also must operate under the "approval" of the "host country" and if the "host country" approves something different than U.S. rules, then that is OK.

I have heard "rumors" about the EU ramp checks but have never seen an actual example of crews being sent back to the hotel. If anyone has a flight number example, I would be very interested.

Another example of U.S. rules not applying under CFR129 is the Age 60/65 issue. Long before the U.S. made the change, foreign air carriers were flying into the U.S. with Captains over the age of 60. If 411A's premise was correct, this would not have been allowed but it happened daily!

And for those hoping that ICAO standards will "force" EK to make changes, don't hold your breath. ICAO is NOT regulatory in any way and the best example of this is "LINE UP AND WAIT" vs. "TAXI INTO POSITION AND HOLD" in the U.S. The U.S. simply takes an "exception" to the rule and does it the way they want.

While internally EK Senior Management has maintained a "close relationship" (their words at the Captain Propaganda Meetings) with the Aussie investigative board, we can only hope the fact the CA had over 98 hrs at the beginning of his takeoff roll will be highlighted, ESPECIALLY IF THAT TIME INVOLVED ANY FACTORING which would have put him over the limits. But then again, we routinely see the "limits" violated by "VARIATIONS" on the turn-around flights so unfortunately, until the Smoking Hole Syndrome takes effect, I see no changes from EK Mgmt!

Simply, the beatings will continue until the morale improves!

Good Luck and Fly Safe!
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