Just bumping this thread due to a debate on another part of pprune.
Anyone have a definitive answer as to whether IOM private operators are going to be FTL limited next year? Part NCC seems to only apply to EASA/EU states for which the IOM is not for aviation purposes, even according to our wonderful UK CAA.
It initially looks like there are many loopholes, such as basing an operators shelf company outside of Europe, etc. Not according to one of the below links from AIN.
This is an interesting read.
http://www.applebyglobal.com/publica...an-johnson.pdf
As is this...
http://www.ainonline.com/aviation-ne...egistry-choice
Philippe Renz, with Geneva-based law firm Meyer Avocats, advised operators to be ready to comply with the new EU rules on non-commercial complex aircraft (Part NCC). “The EU is trying to push [safety management requirements of] non-commercial operators closer to those of commercial operators. [It] will add Camo, operations manual, SMS,” he explained. Although the Isle of Man is not part of the EU (it is part of the British Isles but not part of the UK), the island tends to observe EASA requirements. The key point, said Renz, is the importance of “knowing who is the operator…An empty shell [company] cannot be considered to be the operator…so it could be the pilot or aeroclub.” He gave the example of Volkswagen, which has nine aircraft; the company is the owner, manager and operator, so NCC rules will apply.
A panel of business aviation executives, moderated by Mark Manton of the Aircraft Registry, discussed key issues. Paul Norton, managing director of Harrods Aviation; Andrea Meier-Züllig of Jet Aviation; and Russ Allchorne, v-p of flight operations at TAG Aviation Europe, weighed in on the most important issues facing operators in Europe, other than NCC.
Allchorne said that “the industry is crying out for a set of FTLs [flight time limits] that actually understands business aviation”–but the conversation soon returned to NCC, with Norton noting that the new stricter regulation will have consequences. For example “[Using] private landing sites will be a major headache.” AOC holders already find themselves unable to justify the use of such sites.
The conference then focused on another current issue: U.S. owner trusts for N-registered aircraft belonging to non-U.S. citizens. Kevin Austin, aviation attorney with Aero Law Group of Bellevue, Wash., said, “The U.S. became concerned in 2010 and started to work on identifying who was operating U.S. [N-registered] aircraft.” The FAA is working to “examine all trust agreements and the operating agreements,” with U.S. trustees now responsible for providing additional information. He noted that money laundering is a big problem “with aircraft, cars, boats.”
EU AIR OPS & Part NCC
Qjet believes that the EU has no legal grounds for enforcing Part NCC compliance on non-EASA registered aircraft. The new kid on the block as far as ICAO Annex 6 Part II compliance is concerned, is trying to teach the others how it should be done, it is not their place to do so.
"EU /EASA member states are also ICAO member states which means they agree to comply with the same standards, in this case Annex 6 Part II (audited compliant). How then could the EU (which is not yet a full member) legally enforce additional legislation/standards on already compliant states?"
The deadline for Part NCC compliance for Operators of EASA and non-EASA registered aircraft, with their principle place of business in the EU or an EASA member state, is August 2016. Please refer to the articles below for further information.
http://www.qjet.aero/en/news/
http://www.fly-corporate.com/new-eu-...d-uncertainty/
http://www.fly-corporate.com/part-nc...obal-solution/