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Old 4th July 2013 | 23:11
  #28 (permalink)  
Fuji Abound
 
Joined: May 2001
Posts: 4,631
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From: UK
Ok, i think we nearly agree.

The ppl is vmc restricted because under icao the only icao way of lifting that restriction is an icao ir.

The restriction is lifted in the uk with an imcr because we can do what we like in our own airspace.

We cant lift that restriction outside the uk because the imcr isnt icao so even if we tried it would be illegal in say france. We can however leave any other country to lift the restriction in any way they see fit. If we chose we could say it is illegal to fly in imc without an ir outside the uk - simple, but we havent and we dont. So far as we are concerned its legal BUT in germany for example the licence would have no icao ir attached so it would be illegal without german consent.

I think you are getting bogged down in chalk and cheese. We dont say things about licences which grant icao priviliges because icao automatically extends those priviliges to all signatories, but we do say things about ratings not covered by icao and we can either say the privilige cannot be used ouside the uk or say nothing about whether or not it can. If nothing is said then it is not prohibited by us but it is another matter whether anouther country wants to accept the rating because they have no oligation to do so under icao. In other words it is not an automatic right, but discretionary. In the same way if a country had not signed up to icao they could happily say we dont accept your ir. On the other hand if the ano said you may not use the imcr outside the uk then even if another country accepted the rating it would be illegal to excercise the priviliges in a g reg. So to come full circle, the draughtsman chose not to write you may not and parliament accepted the work of the draughtsman.

As you state the ano is the solid law - show me where it says you may not use the imcr outside of the uk?

Taken to its conclusion i see nothing in easa that says france cant adopt the irr, do you?
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