Anyway, we now have the Kafka-esque situation whereby a policeman can pop over to Biggin and can try to arrest a few of the N-reg pilots landing there. The arrivals notice board tells him where they flew in from, so he can just pick a country which has not applied for a derogation. 99% of them won't have EASA papers..... and (this is the best bit) none of them will have a COONER (Certificate of Operator NON-EU Residence). Ergo, all = guilty.
My understanding is that the UK derogation applies to UK airspace - is the text available anywhere? (As the aircraft concerned are not on the UK register I find it hard to see on what basis the UK could issue a derogation covering flights by UK based aircraft in other Member States.) If so there will be no offences committed in the UK regardless of where the aircraft/operator is based. Also there will be no need for enforcement action in the UK until 2014.
What is the maximum penalty until this EU law?
Presumably there is not one yet in the UK given the derogation but one will no doubt be introduced before 2014. Presumably this will mirror the current penalty for flying without an appropriate licence , ie £5,000 on summary convicton or a (unlimited) fine and/or up to 2 years imprisonment on conviction on indictment.
How can you be flying illegally when the laws are illegal themselves?
I am of course referring to ATPs and Commercial pilots where EASA damned well know what they are doing contravenes not only employment laws but age discrimination laws.
I think that that is nonsense. However, if you are correct it would be very interesting. Could you tell me the exact provision of EU employment and age discrimination legislation that you think that these rules contravene?
EASA have delayed till 2014 if individual countries do not acknowledge what has been decreed by the rule makers that is their problem.
EASA have not delayed the requirement until 2014. Under the Aircrew Regulation it applies from 8 April. However, the Regualtion also gives individual Member States the option to delay the implementation of the requirement until April 2014. Under the Regulation this is entirely at the discretion of the Member States. It appears to me that the derogation would have to apply to a Member State's airspace rather than to aircraft/operators based in that Member State.