Night Flight in the UK on an Irish JAA PPL

[dublinpilot]

I have an Irish Aviation Authority issued JAA Private Pilots Licence. I am thinking about adding a night rating to it.

Night flying within Ireland is rather limited, in that it must be conducted either under Special VFR or under IFR. IFR flight can only be conducted by an instrument rating holder. Therefore a PPL/night is effectively limited to control zones within Ireland.

As I understand it, in the UK flight outside control zones is conducted under IFR, and no special rating is required so long as you remain within Visual Metrological Conditions.

Now, here is my question. Does this effectively mean that as a (potential) holder of an IAA issued JAA PPL licence, with a night qualification, if I travel to the UK, I will still be restricted to just SVFR in control zones, and that I can not fly outside control zones at night in the UK, because I can’t fly under instrument flight rules?

The paragraph in question seems to be paragraph 19(1) of the IAA (Personnel Licensing) Order 2000. Which can be found here (http://www.iaa.ie/corp_fin/pdf/legislation/order/SI_333_2000_Personal_Licensing.pdf) .

It reads:
19. (1) A person shall not act as pilot-in-command of an aircraft or as co-pilot of a
multi-pilot aeroplane or helicopter registered in the State under instrument
flight rules unless such person holds a valid instrument rating -
(a) issued or validated by the Authority and endorsed in or deemed by the
Authority to be included in the licence held by such person or in the
validation of such licence, as the case may be, and
(b) appropriate to the category, class or type of aircraft flown.


If the UK is out, would I be allowed to conduct a meaningful VFR night flight in France?

Thanks

[Whopity]

JAR-FCL 1,175 (b) states:

In a JAA Member State where national legislation requires flight in accordance with IFR under specified circumstances (e.g. at night) the holder of a pilot licence may fly under IFR, provided that the pilot holds a qualification appropriate to the circumstances, airspace and flight conditions in which the flight is conducted.

In the UK you can use your JAA licence to fly at night under IFR outside controlled airspace. Inside controlled airspace Class D and below, you will have to fly SVFR with a 10 K visibility.

In France you will be restricted to flight in control zones and arround specifed aerodromes at night.

[dublinpilot]

Thanks for that Whopity :ok:

If I understand it correctly (big assumption!) then JAR FCL has no legal effect in Ireland in itself. It must be incorporated within Irish legislation, in a Statuatory Instrument. I've had to look to see if I can find that paragraph repeated in Irish legislation, but can't find it :confused:

When in the UK, I'm still obliged to follow any restrictions placed on me/the EI reg aircraft by Irish leglisation, I believe. :confused:

dp

[rustle]

When in the UK, I'm still obliged to follow any restrictions placed on me/the EI reg aircraft by Irish leglisation, I believe
Wherever you fly you are bound by most onerous of the rules of the state of licence issue, the state of registration of the aircraft, and the state you're flying in.

So if the IAA let you do something but the CAA doesn't and you're in the UK - you can't.

NB this doesn't apply to a French PPL "VFR on top" because that's a restriction the CAA put on UK-issued PPLs... (Blimey we haven't had that discussion for a good week or two)

[dublinpilot]

Was that not what I just said Rustle?? Except I managed to avoid bringing up the unmentionable :D

dp

[rustle]

It might have been what you meant, but it wasn't what I read ;)

[Whopity]

In the UK JAR-FCL 1.175 is quoted in Schedule 8 the Licenece privileges for JAA licences, but not for national licences.

Because it effectively prohibited night flying without an IR, para (b) was added at the behest of the UK, to allow pilots to fly at night without an IR. It appears your Article 19 has not included this para.

Its interesting that the British Military fly VFR at night but the civilians don't.

The UK CAA would not be concerned about you flying at night but the Irish CAA might. Of course if you fly below 3000 ft there are effectively no Instrument Flight Rules to comply with, its simply clear of cloud and in sight of the surface!