Becoming a very interesting thread now, and agree with IO540 that the Bizjet forum and (some) operators just seem to be ignoring the proposals and some regulations already in force, and the private flyers seem most bothered?
Mainly a reply and follow up to post #76 to #78 (sorry, been away for a while)
@ 421C: I have to disagree with your first statement and partly with your second:
That part applies to G-registered aircraft.
Article 62 of the ANO just states "the flight crew of an aircraft" and
"paragraph (2) applies to any licence which authorises the holder to act as a member of the flight crew of an aircraft and is granted:
(a) under the law of a Contracting State other than the United Kingdom but which is not a JAA licence; or
(b) under the law of a relevant overseas territory.
AND:
(2) Subject to paragraph (4), for the purposes of this Part, such a licence is, unless the CAA gives a direction to the contrary, deemed to be a licence rendered valid under this Order.
"An aircraft" but not "G-registered aircraft" is mentioned and it directly refers to the licences concerned which are discussed in article 61:
Requirement for appropriate licence to act as member of flight crew of aircraft
registered elsewhere than in the United Kingdom
61
A person must not act as a member of the flight crew which must by or under this Order be carried in an aircraft registered in a country other than the United Kingdom unless:
(a) in the case of an aircraft flying for the purpose of commercial air transport, public transport or aerial work, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or
(b) in the case of an aircraft on a private flight, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the CAA does not give a direction to the contrary.
"There's nothing in the ANO that stops a foreign-registered aircraft operating in the UK with a paid crew that hold licences from the state of registry only"
ANO Article 223 prohibits foreign registered aircraft to be involved in operations where valuable consideration is given (with the exception of operators operating under the rules of the Chicago convention, such as airlines or AOC holders or other permission holders):
PART 29 PUBLIC TRANSPORT AND AERIAL WORK BY FOREIGN REGISTERED
AIRCRAFT
Restriction on carriage for valuable consideration in aircraft registered elsewhere than in the United Kingdom:
223 (1) An aircraft registered in a Contracting State other than the United Kingdom, or in a foreign country, must not take on board or discharge any passengers or cargo in the United Kingdom where valuable consideration is given or promised for the carriage of such persons or cargo unless it complies with paragraph (2) or is exempt from this paragraph under paragraph (3).
(2) This paragraph is complied with if the operator or the charterer of the aircraft or the Government of the country in which the aircraft is registered has been granted a permission by the Secretary of State under this article and any conditions subject to which such permission may be subject are complied with.
(3) An aircraft is exempt from the requirement to comply with paragraph (1) if it is exercising traffic rights permitted by Chapter III of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community(a).
(4) No operator or charterer of an aircraft which is required to comply with paragraph (2) may hold itself out as a person who may offer to take on board or discharge any passenger or cargo in the United Kingdom for valuable consideration except in accordance with:
(a) a permission granted under this article; and
(b) any conditions to which such a permission may be subject.
(5) Paragraph (4) does not apply to any person who reasonably believes that they will hold such a permission by the time the relevant flight is made.
I must be missing something here as there are loads of pilots/operators flying foreign reg a/c around where there is valuable consideration involved?