You wouldn't hear of it, unless you get a permit.
I tried to get the OTT requirements dropped:
From: Maarten Hoet
To: Donald Walker
Sent: Wednesday, 10 April 2013, 9:08
Subject: Betr: Re: Temporary permission to fly over Belgian territory
Dear Mr Walker,
The question raised in your below e-mail has been discussed in our department.
Given all existing and widely available means of communication (phone, mobile phone, internet, e-mail,...), it seems to us that the requirement to submit a flight plan and e-mail notification prior to a flight can be easily complied with. The risk of invalidating the insurance cover on an aircraft due to the lack of a flight plan or e-mail, is therefore very low.
Therefore, a change in the wording of the requirement of a flight plan is not considered at this moment.
Kind regards,
Maarten Hoet - Attaché
FPS Mobility & Transport - BCAA
LA/C-EXP (Commercial Air Transport Department)
CCN - Vooruitgangstraat 80 bus 5
B-1030 Brussels
Tel. +32 (0)2 277 44 04
Van: Donald Walker
Datum: 10/04/2013 09:07
Onderwerp: Re: Temporary permission to fly over Belgian territory
Dear Mr Hoet,
With reference to the email below and our subsequent telephone conversation, I write to enquire if your internal discussions have indicated there is a possibility of modifying the wording of the permit.
While the present wording may be perfectly adequate for visiting pilots who might use a single Belgian airport for arrival and departure, it is not ideal for someone like myself, who prefers to visit various small airfields.
I understand that the requirement for FPLs and email notification was introduced for safety and inspection reasons, but I believe it was never the intention of the BCAA to require foreign pilots flying non-CofA aircraft to file FPLs that are not deemed necessary for their Belgian counterparts. Compliance with ENR 1.10 and email notification in advance should ensure the appropriate level of safety and highlight opportunities for inspection.
My request is aimed purely at eliminating the risk of a technicality, such as the lack of a FPL or email, rendering a flight illegal and therefore invalidating the insurance cover on the aircraft, its occupants and third parties. This year my premium was GBP ......
By separate email I am applying for a permit.
Kind regards
Donald Walker
--- On Tue, 26/3/13, Donald Walkerwrote:
From: Donald Walker
Subject: Temporary permission to fly over Belgian territory
To: "Maarten Hoet"
Date: Tuesday, 26 March, 2013, 21:02
Dear Mr Hoet, I have enjoyed many flights in Belgium over the years and wish to visit again soon, but I am concerned about the unintended consequences that could arise from the present wording of the temporary permission to fly over Belgian territory.
The requirement for a flight plan and an email for every flight is a condition that can be difficult to comply with when flights originate at small airfields lacking the necessary communication facilities.
Also, many flights by visiting pilots are local sightseeing flights, returning to the point of departure, undertaken at short notice, without a pre-determined route or duration and which do not necessarily overfly geographical features that could meaningfully be identified in a flight plan.
The problem, of course, is that the lack of a flight plan and email would put the pilot in breach of the terms of the permission and this could invalidate his insurance. In the worst case scenario, an accident during such a flight could conceivably result in an injured third party on the ground being unable to claim against that pilot’s insurance policy.
The requirement that “The Belgian flying rules have to be respected”, covers ENR 1.10, which determines when flight plans are required or recommended, so I wonder if it might be possible to alter the wording of the permission to read something like:
"Flights subject to flight plans filed in accordance with AIP Belgium ENR 1.10 should be notified in advance to the email address
[email protected], detailing date, route, type of flight, and the registration marks."
All flights would still be included in the list required at the end of the period in accordance with “The operator shall inform the Belgian CAA of the operated flights in Belgium by transmitting a list indicating the overflights dates, at the latest on ... ”
This would make it easier for visiting pilots to comply with the terms of the permission and therefore ensure that the validity of the insurance policy required by EC Regulation 785/2004 is not compromised in any way.
I look forward to hearing from you in due course.
Kind regards
Donald Walker