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Old 19th Dec 2016, 00:05
  #3452 (permalink)  
racedo
 
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Back to the AOC question and Brexit. Please correct me if I'm wrong: after UK is no longer an EU state I'm assuming there is no right for an EU based airline to operate from a UK base to EU and internally within UK. If an airline has a/c based within UK, permanently, they would require a UK registered company and an UK AOC. That would bring the UK company under the jurisdiction of the UK CAA and the operation of employment under the jurisdiction of the UK Inland Revenue. Both might cause some rethinking on the part of current RYR policies. Further, how would that affect the a/c used on that AOC? Would they need to be G reg? At the moment RYR had nearly 100 a/c based in UK, but they are forever changing as a/c are rotated through engineering bases from over seas. On an UK AOC would the registration, if not G, need to be declared and fixed. Leasing a/c from EI is no problem, but they might need to declared and fixed in UK.
How does that affect oversight? If the a/c remain EI does IAA have oversight of the a/c and maintenance, but UK CAA have oversight of the operational aspects?
It would seem odd if things can remain as they are; but it has not been mentioned at all. If HRMG IR have an oversight of employment structures for a UK based airline it could open up an interesting can of worms.
If RYR tries to keep the a/c EI reg, but the airline has to have a UK registered company, how will that affect the concept of pax being on EI territory and therefore under EI law, but operating on a UK AOC?
I'm just curious why the issue has been ignored. Nearly 25% of RYR a/c are UK based and therefore so are its crews.
Unlikely that it has apart from within airlines.

Issue with AOC and operating aircraft would mean every airline that leases in aircarft anywhere in the world would be required to change the registration each and every time.
Can't see it occuring unless CAA get loads more people.

As for HMRC it is quite probable that the where employees are actually working will have been sorted out well before Brexit. UK Holiday companys really going to love that one as their reps are UK employed.

If a separate Operating company is required then easily done and then parent company charges its own leasing rates.

In short the lawyers will sort it out but no doubt some brexiters in Govt will look to screw anything foreign without realising that BA and LHR is a big target in response.
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