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 get done for flying without a license, when you
do have a license. You have the FAA PPL/IR or CPL/IR which complies with ICAO.
The additional EASA FCL requirements are not relevant to aircraft operation. For example, the EASA papers do not meet FAR 61.3 once you are outside the issuing CAA's airspace.
I see the EU has the power to add whatever requirements they wish, but I don't see that these requirements are a "license". They rank no higher than say the Mode S requirement, or a requirement to carry a PLB.
One could file a Z flight plan, which is VFR within the airspace of your country (which has not applied for the derogation), and you fly IFR over the rest. Who is going to prosecute? If you have to land somewhere unexpected, an it's not a mayday, you cancel IFR first. And various versions of that
Could you maybe elaborate on this?
I don't know what Pace knows but it is pretty obvious that there is close to no prospect of a bilateral with the USA which would have the effect that pilots desire.
Another thing is any likely practical implementation of a bilateral. I wrote a lot of stuff on this a while ago and basically it is to do with what any bilateral paper deal would be actually like. In most of the world, you can validate/convert one set of ICAO papers into another, by sitting an Air Law exam and doing a flight test - or something similar. If you look at what this might mean in reality
in Europe, nobody is going to pass say the UK CAA IRT without considerable training, and this would surely be at an FTO (the FTO industry will make sure of that
). There would never be any kind of straight swap from an FAA IR to an EASA IR. EASA would never ever even try to negotiate that in the first place. That is why I did the JAA IR... when you look at the
incremental difference between that and various possible future options (the CBM IR, which may never happen, or some BASA-based paper swap, which in the EU will
always involve exams and training and the IRT), and throw in some significant possibilities like a lack of a question bank (which makes the revision workload some 5x harder)... you get my drift? Europe is never actually going to do anything the "easy" way.
What I think has suprised many people, myself included, is that most of the EU has simply ignored EASA and EASA FCL and whatever laws the EU places on the books. Most of the EU has not applied for the available derogation (the Irish kind of did but they misunderstood it
) and together with EASA FCL reaching the books on 8th April this has the nasty effect of making most of the European N-reg community technically illegal.
This makes a mockery of the FCL008 project, of course, whose work is now totally worthless because if you are illegal
now, with several years to run like that, then it's a bit like not being a virgin
now.
But they are no more illegal than all the Cirrus SR22 pilots who for years have been flying IFR in CAS without ADF+DME... and nobody I know has heard anything about prosecutions, or insurance issues, there.