EASA to regulate Nregs ?

[grahamj]

Anyone with, or thinking about operating, an a/c on the N reg should take a look at

http://www.easa.eu.int/rulemaking_en.html

I might be misinterpreting this, but it seems to say that EASA intend to treat all EU based a/c as if they were EU registered.

[Justiciar]

I think the document you are refering to is the EASA consultation document. The question is whether to put in place a method of verifying that non-commercial aircraft registered outside the Eu, e.g. the US, are being maintained in accordance with ICAO minimum standards. That is I believe already done in the US and some other countries. How in practice EASA may do this is not spelt out and indeed that seems to be why they are having the consultation. It is a fair bet however that whatever is done is going to add another layer and hence expense to the process of maintenance on non-EU registered aircraft. That may well erode the value of the N register for all but the very large private aircraft.

On the positive side the consultation document suggests that for sports and recreational flyers the document says the following:

For other activities, such as recreational and air sport with light aircraft, the issuing of a licence may not be necessary; a showing of compliance to a third party such as a federation or a qualified school or instructor could be sufficient. Implementing rules for such showing of compliance could be adopted by Member States themselves provided the free movement of related aircraft and their pilots is not affected thereby. In that
context they would have to decide how compliance could be shown and to which bodies. Since that may create some forms of discrimination, there could also be common rules adopted through comitology describing how compliance is to be shown
and what conditions shall be met by conformity assessment bodies to be accredited. Member States or the Agency could be in charge with such accreditation. Such an approach would establish a level playing field for all EU citizens.

So we have the prospect of recreational aviation being taken out of EASA, with national aviation authorities fixing their own rules. EASA would lay down minimum standards to ensure mutual recognition across Europe. Reading the whole text, it looks as though countries would in effect issue a modified NPPL recognised by all other European countries; it might not be ICAO compliant so many who want to fly out of europe would still need a 'licence' as it is described in the document, as would budding commercial pilots.

There is a further hint that medical requirements might also be devolved to national organisations for recreational and sport pilots.

This is a consultation document so everyone who feels strongly should have their say.

Somehow, you get the feeling that things may be coming full circle, so far as recreational pilots are concerned:ok:

[Whipping Boy's SATCO]

It would be interesting to see what would happen if EASA (in other words an EC organisation that is not a member of ICAO in its own rights) decided to disregard the Chicago Convention and apply additional regulation. Where would that leave all the EASA states who are already members of ICAO?

[Genghis the Engineer]

Actually with it's creation, EASA is becoming a full ICAO member in it's own right, nullifying the individual memberships of it's member states.

It also, in the capacity it been set up by the European Parliament, got every right to insist upon any aircraft based within an EASA member state being registered there - this could hurt.

The quote above only refers to pilots licensing, which is frankly the least of anybody's worries if you are talking about N-reg aircraft (or gliders.....)

Of far greater interest is source of spares, who can maintain the aircraft, approval of modifications and repairs, whether the aircraft has to be on the UK, some EU, or some non-EU register.

G

[Cathar]

Sorry Genghis, EASA is not becoming a full ICAO member. The EC Commission would like the EC to become a member instead of the individual member states but that would require a renegotiation of the Chicago Convention which is unlikely.

It is also incorrect to say that EASA has got every right to insist upon any aircraft based within an EASA member state being registered there. As I understand it the EASA regulation does not give it the power to do this and the EASA consultation is in connection with advice that it has give to the Commission about the extension of the Regulation to cover operational and licensing rules. To introduce such a requirement will require a further Regulation which must be approved by both the European Parliament and the Council.

However, I agree that the EC has every right to pass such legislation and I do not see that it will contravene member states obligations under the Convention.

[Genghis the Engineer]

I was clearly misinformed, thanks for the correction.

The second, that of deciding whether an N (or CH, or RA or anything else for that matter) registered aircraft can be based in another ICAO country presumably comes down to any ICAO member state's discretion. If, say, UK-CAA decide to devolve that to EASA (or HMG gives away a bit more of our sovereignty, and ICAO accepts the renegotiation) then it could yet go to EASA. We shall see !

G