421C
It is a simple question of who is the Operator of the aircraft (who is making the decisions about where and when it flies)?
I think you have convinced yourself what the word "operator" means. If it means "pilot" or "crew" (much as Bose suggests) why didnt the draughtsman use those words?
When you are ramp checked with your European passport and level 6 Cockney you simply point out you are not the operator - the operator is the owner, Jersey Turboprops, who, if you care to check the FAA register, you will also discover is the recorded owner. It is indeed quite possible that you as pilot might not have any financial interest in the aircraft what so ever - I know of a number of N reg groups that operate in exactly this way. You will also discover Jersey Turboprops is the insured party, that all the invoices for the aircraft, its maintenance, parking, landing fees, etc are made out to and paid by Jersey Turboprops. You will discover that in the event of a third party claim against the operator, the claim will be brought against the trust and it will be the trusts insurers who will settle the claim. I know of no owner that would place themselves in this situation unless they had operational control of the aircraft. The insurance company would not accept invoices for parking. A hire purchase company would not pay invoices for maintenance.
In the event the NAA brings a prosecution, the prosecution would have to be processed in Court against the pilot who would claim he was not the operator of the aircraft and would doubtless draw comparison with other aircraft operated by American companies in European airspace crewed by non EASA bearing pilots.
I would rather be acting for the pilot at the moment than the NAA. I think a Court would take a lot of convincing that our hapless pilot who rented the aircraft from a Jersey trust, who was not responsible for any of the costs associated with the aircraft and was required to comply with the trusts operating procedures was the owner and not a mere pilot.
For those reasons I dont believe the question is as simple as you make out. I would be asking the Court if the legislation was intended to refer to the pilot / crew / commander why those simple words were not used, and I would ask the Court to consider in the absence of a clear definition to whom the term operator would commonly refer.
I can think of one particular jet where the owner is a Swiss corporation. They purchased the aircraft, pay all the bills, contract the maintenance company etc. The aircraft is based in the UK. A company in the UK(unconnected with the Swiss corporation) solicits business and arranges charters. They tell the crew when and where to take the aircraft. So - who is the operator - the crew, the UK charter company or the Swiss corporation?