Originally Posted by
FREDAcheck
Doesn't that doom the EIR as well?
While I agree with your general logic, the FCL.008 group (which has a range of interests represented) seems to feel it is potentially acceptable (after all, most of Europe allows VFR pilots in these environments and it is not involving IFR in what most countries would perceive as the high workload/ high risk (to self, people on the ground, other aircraft as a result of reduced separations in the approach and departure) phase of flight
Originally Posted by
FREDAcheck
To be blunt, EASA must be persuaded to accept it. ["where permitted by national laws" concept]
I am lead to believe this is one of EASA's 'Die in the Ditch' points. To pass a law in their area of competence which explicitly allows individual states to ignore the law is against a fundamental principle that European Law must be applied to all of Europe. This one thing is probably (IMHO) the most difficult item to get accepted due to potentially far reaching implication on the whole nature of European Integration. (see below for the converse)
(I am not a Euro-lawyer so someone else may be able to provide a reference or refute this point)
Originally Posted by
FREDAcheck
I think I agree with you that this option 3 - a permanent UK IMCR - is all we can hope for, but given that EIR seems a non-starter (as it would allow flight in non Class A airways, which you say isn't going to happen), then a UK extension to a non-starter is a bit of a chocolate teapot.
Three points,
1 - Option 3 is clearly the 'best' IMCr option for current IMCr pilots who use it as a UK only IR - is it the best achievable? Is the CAA/DfT steeled to have this as their 'Die in the Ditch' position.
2 - Class A airways is a British Anachronism, you should forget they exist in the context of any euro regulation.
3 - I believe enabling a privilege is much easier for Europe to accept on a national level than restricting a privilege. So saying
'Euro-Car licence holders can drive Vans in the UK' is an extension to privilege and would be reasonably received.
'Euro-Car/Van licence holders can not drive Vans in the UK' would be a fundamentally unacceptable restriction of a privilege extended to all Europeans.