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Old 8th May 2016, 21:12
  #53 (permalink)  
Pace
 
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I suspect that what the MEP was trying to tell you is that the derogation provision (Article 12.4 of Regulation 1178/2011) applies to all Member States. This is correct. However, as others have pointed out Article 14.4 does not automatically apply the derogation, rather the derogation is an option given to Member States to use or not to use as they see fit.
Also interesting is the commission state that the regulation if derogated to 2017 must be in its entirety, not part thereof

The CAA have removed pilots flying private aircraft for remuneration and dumped them under the classification of commercial operation when by EASA definition they are NON commercial

If those pilots are deemed to be non commercial then what the CAA are trying to do is not lawful and it would be up to a court to determine whether the EASA definition is correct or the CAA interpretation
But it's the commissions reference if derogated must be in its entirety which would mean commercial as defined by EASA not interpretated by the CAA

Also interesting is in previous years quite a few countries never derogated some who aviation authorities had no clue hence from the above many of us were operating into these countries illegally and some would claim uninsured as they are this very day
Never heard of a problem before so why now ?

Last edited by Pace; 8th May 2016 at 22:05.
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