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?
No, I wrote earier "of course the pilot isn't by definition the operator". It's just that in the case most of us on this private forum are concerned with, that of European private pilots operating FRA, the operator is often also the pilot. That's certainly the case with all the piston N-regs I know - the operator is an EU resident individual (or group of individuals).
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.
First - the comparison with the US company. The US company is a bona fide business, which incidentally flies an aircraft for business transport. The aircraft costs are funded by the operating activities of the business. The crew are directed where and when to fly by the appropriate chain of management and decision-making.
Jersey Turboprops is what? A shell company which administers an airplane. Some EU residents fly that airplane. Who funds Jersey Turboprops? Oh, that same group of pilots. Now that's a bit different from the US corporate example you raised in court (I presume the US corporate pilots are paid to fly rather than the other way around). Who controls, as ulitmate beneficiary, Jersey Turboprops? Oh, the same group of EU pilots. Again, probably not a cast-iron analogy with the US corporate example. "So Mr Fuji", the court asks, "your client is amongst a group of individuals who are the legal beneficiary owners of the aircraft and the trust. They fund it. Jersey Turboprops has no evident purpose other than to act as an offshore shell for the administration of this aircraft on behalf of EU residents who are collectively its operators".....good luck in court.....
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?
Easy. Whoever has the AOC. Your example isn't specific enough. The Operator could be the UK business wet leasing from the Swiss, or it could be the Swiss using the UK business as an agent. What does it matter? We are talking about Joe Pilot and his UK based N-reg Cirrus or whatever.
Interesting debate which, as is occassionally the case, I must stop participating in before my wife smashes my laptop over my head.
No-one will really know I guess until this is tested in case law. Good luck to anyone who thinks the "operator loophole" is a safe and robust construct.....