Sorry guys been out of the loop for a few days so trying to catch up. Those who think the courts are there to decide whether something is a sham misjudge what the function of the courts are.
There are many legal setups which are that (shams) already but which cannot be challenged because they tick the legal boxes.
If someone wants to operate through a delaware company by means of a phone call and by doing so the operation ticks the legal box no court is going to say "this is obviously a sham so its illegal". This happens in many other fields perfectly legally.
None of us as far as I know are aviation legal experts so a lot of what we are saying is itself suspect.
More concern is the two camps here. The I am alright jack brigade because I have the relevant licences? (Some of us know some posters especially in the professional pilot forums who fit that bill and take a holier than thou attitude but who achieved their own licenses through shams) The others are people who have spent a lot of money licencing themselves up and have quite legally worked the FAA way in Europe some for decades.
To be told for no genuine reason that sorry mate at a flick of a pen you are no longer legal please find X amount of £1000s of pounds, loose your job and take off 6 months full time study is something which is hard to chew.
As a non lawyer I am pretty sure you cannot do that without recompense or without breaking the EEC human rights laws which are so strong within the EEC.
The only law breaking is by EASA requiring licences (what licences??? That itself is not clear to fly aircraft which are not in their jurisdiction.
Who is fighting our corner against this big brother attitude?
I quote Douglas Bader
" Rules are for the obedience of fools and the guidance of wise men" i hope there are not too many fools in our ranks?
Pace
Last edited by Pace; 29th Sep 2010 at 10:29.