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.....
421C
The biggest flaw with what EASA are attempting is that they are trying to legislate on pilot requirements on aircraft where EASA licences have no Bearing.
I am licenced by the FAA to Fly FAA aircraft around the world there are ICAO Rights to do so and have done so to faraway places like the USA, South Africa and the far East.
Just to show you how discriminatory this is I have ferried before. I could accept employment as a European Pilot to ferry a jet from the USA to say Thailand. I would be denied that income by the fact that I could no longer fly over Europe based soley on on my nationality it could read colour or creed.
EASA are demanding that I hold licenses to fly an aircraft that they hold no jurisdiction over. Infact to use EASA licences to do so would in itself be illegal.
That begs the question what licences could they require me to hold to fly a private N reg Jet?
So it again comes down to blatant discrimination which thankfully are well covered in our European Courts.
They are in reality saying that I must hold licences which are illegal on an aircraft I am fully entitled to fly hold no bearing on that aircraft and for NO other reason than I am European My equal Brothers in America are allowed to fly in European airspace but I am not. THAT IS BLATANT DISCRIMINATION.
I then ask the question what would their arguement be in court for attempting to instigate these requirements? Think about it.
This is another flawed attempt by some EASA pen pusher in an office who hasnt really thought out what he is attempting to do.
Such a move is so flawed and riddled it would not hold up in the courts.
Pace