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Old 9th Apr 2012, 13:34
  #34 (permalink)  
mm_flynn
 
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Originally Posted by Cathar
However, I still do not see how the UK derogation can extend outside of the UK given that these aircraft are not registered in the UK and their pilots are not within the UK licensing system. It seems to me that if another Member State has not issued a derogation then the requirement applies in their airspace and flights by UK based aircraft will be illegal unless the pilot has an EASA licence.
Bookworm has provided the text of the best written answer available.

As an aside, your logic that A UK derogation does not apply to a situation where neither the aircraft nor pilot are licensed/registered in the UK, misses the point that the whole EASA edifice is being applied to these situations on the basis of residency of the Operator (term undefined) and that the State of residency is the state that implements the EASA regulations/laws with respect to this operator. So logically, if the Operator is UK resident then the UK's implementation timetable and derogations apply.

If EASA had just provided a blanket delay it would be clearer - but hey ho - why would we want any clear laws or implementations - it would take so much sport out of flying internet forums. ;-).
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