OK. Tell us the facts. What is the regulatory position today and outlook for an EU resident operating an N-registered aircraft on the basis of FAA pilot qualifications?
I am not an expert (as you are 421C from you many postings and Peter337) but this is what I find.
EASA have stopped all flight on an FAA licence (but not stopped all flight in an N registered aircraft) because:
REGULATION (EC) No 216/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 February 2008 says at
CHAPTER II SUBSTANTIVE REQUIREMENTS Article 4, Basic principles and applicability
1. Aircraft, including any installed product, part and appliance, which are:
(a) designed or manufactured by an organisation for which the Agency or a Member State ensures safety oversight; or
(b) registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by a Community operator; or
(c) registered in a third country and used by an operator for which any Member State ensures oversight of operations or used into, within or out of the Community by an operator established or residing in the Community; or
(d) registered in a third country, or registered in a Member State which has delegated their regulatory safety oversight to a third country, and used by a third-country operator into, within or out of the Community shall comply with this Regulation.
COMMISSION REGULATION (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 says at Article 12 that
the regulation shall apply from 8th April 2012
Article 12, para 4. Says
By way of derogation from paragraph 1, Member States may decide not to apply the provisions of this Regulation to pilots holding a licence and associated medical certificate issued by a third country involved in the non-commercial operation of aircraft specified in Article 4(1)(b) or (c) of Regulation (EC) No 216/2008 until 8 April 2014.
The EASA regulations therefore seem to me to state that a pilot must comply with EASA regulation 216/2008 from 8 April 2012. In other words, a pilot in the EU must hold an EASA licence whatever he flies.
The EASA regulations seem to allow a pilot with an FAA CPL/IR or PPL/IR to exercise that FAA CPL/IR or PPL/IR in his state of residency for private flights if that state has applied for a derogation up to 2014.
In a state without such a derogation, but where a state will not introduce EASA licence issue until 2013, the EASA regulations seem to me to say that a pilot must comply with EASA regulation 216/2008 from 8 April 2012.
FARs Part 61.3 Requirement for certificates, ratings, and authorizations.
(a) Pilot certificate. No person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person—
(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used;
FAR Part 61 .3 does not allow operation on a Denmark PPL in UK so, if EASA will not allow FAA licence to be recognised, on what licence is a Denmark PPL flying an N register aircraft in UK? Because EU is not a state or country?
If FAA do not recognise EU as a state or country, then it must be that from now, you must have EASA (or JAA recognised by EASA) licence and FAA licence to fly N registration across EU. If you don’t have EASA licence but have a national licence, you must fly only N registration in own state of residency.
I think your arguments are that pilots who live in a state like UK can fly on FAA IR across EU. I think not. You need EASA IR
and FAA IR. From 8th April 2012.
Bob