UK entry requirements

[Goldenhawk]

We are an EASA part NCC operator & we received the following communication with regard to flights to UK.


The basis for Private flights to the UK, that the Owner must be on board ,otherwise prior permission is required, which the CAA stipulate requires48 hours notice and an application can only be made Monday to Friday (I suspect allow 48 hours notice means that an application must be received Monday to Wednesday for say a weekend flight).

The CAA is insistent that for a flight to qualify for Private Category, the owner must be on board. Otherwise, it is not classified as a Private flight and prior permission must be applied for, significant fines are attaching to a breach of the rules and prosecution.

As an EASA Part NCC operator ...we are not a PRIVATE flight ....this is confusing. Part-NCC requires each operator to adhere to the same essential requirements as commercial air transport operators with proportionate rules. Why is there a requirement for the Owner to be on board??

[mattman]

As an EASA Part NCC operator ...we are not a PRIVATE flight ....this is confusing. Part-NCC requires each operator to adhere to the same essential requirements as commercial air transport operators with proportionate rules. Why is there a requirement for the Owner to be on board??[/QUOTE]

You are a private flight, NCC stands for non-commercial operations with complex motor-powered aircraft.
Emphasis on the words non commercial. Just because EU requires you to abide by commercial operations does not mean you are a commercial operator.

The tit for tat may now begin.

[Goldenhawk]

I've not heard of a actual definition of a private flight ( CAA or EASA).
The operator is not defined from ownership.The CAA has never had the authority to demand advance notice of a non-scheduled flight into the UK. A flight plan is required for international flights of course but they are not routinely forwarded to the CAA and do not require permission for VFR.

The home Office/Border Force have the power to prevent the entry if it has good reason but that wouldn't include defining the category of the flight. The Dept. of Transport/CAA do that but have no immigration or customs powers. The CAA cannot prevent a flight unless they believe the aircraft is unworthy, the pilot is not qualified or is unfit and the flight is believed to being operated illegally. They must not obstruct the free movement of flight operating properly in accordance with ICAO.

[His dudeness]

How is "the owner" defined ? I do fly for a public limited company (EASA NCC), who is the owner there ? Any stockholder theoretically owns a piece of the airplane I guess ?

I have a flight to the UK next week and was asked about the owner/pax/nature of the flight - we replied with statement #2 out of 3 possible:

Flights with aircraft with a MTOW of less than 45,500kg, owned by a company for the carriage of own staff and non-fare paying passengers and goods as an aid to the conduct of company business

Please State the Company here “ XXX ltd “

Statement 1 would have been:

Flights with aircraft with a MTOW of less the 45,500kg, for the carriage of the owner of the aircraft and of non-fare paying passengers and goods

Please state the owner here “ “

Statement 3:
Your passengers are fare paying for this flight “Aircraft requires security screening for departure”

And yes, NCC is private ops.

[His dudeness]

I have asked the CAA, here is the answer:

If your flight is private then you do not need permission from the UK CAA. You only need to file a flight plan and complete a notification form for immigration purposes, see here General aviation operators and pilots notification of flights - GOV.UK (www.gov.uk (https://secure-web.cisco.com/1p-Mno-LRTYB4mVshyBd1BwjUlrtIcQ8W8tsEdraBjeCl0NQ8Ezx4qXHY8xoSAIW2tV jtHUtI-68ryvWFjZi1aZgBZ6qtSKlV8FZQz2Xam6KELkeuu0qYGY790-VzGLxR_v33Rxuj04BDjMrUkDhND7_3sl5ohMbDkbO454evS0PTk97yXwH1JJ Ypi27_yraYNEaPZ7CbkFFGchodYDNIjB9fRS6INuUQnxQRybTIUAi2W7j09A UENR9QbJHmzz4JieleRTYFYk8n9kCLydYEqyzzXZXv8Zpc4x_m36QYuww_Rf XRakiU3QtkwP5qY0qW/https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Fgener al-aviation-operators-and-pilots-notification-of-flights))

So you should be good to go !

[Klimax]

If you´re not a PRIVATE flight, under NCC, then what category are you then? There is either None Commercial or Commercial. So, which one is it?

[fairflyer]

There is nothing on the UK's GAR form asking to define the nature of the flight (private, commercial etc.). Nor is there any box to tick on the flight plan - only that for type of flight where the choices are Scheduled Air Transport, Non Scheduled Air Transport GA, Military or 'Other' - none of which define the nature of the flight or whether the owner is or isn't on board. Accordingly nothing you are legally obliged to submit for an international flight into the UK, i.e. (1) a GAR form and (2) a Flight Plan, asks for this information, so you don't have to provide it.

[deing]

fairflyer, also the handling companies ask this as security screening or not (for bigger aircraft) is dependant upon your answer

[sewushr]

The flight type 'N' in the ICAO flight plan (non-scheduled air transport) includes commercial business jet and air-taxi operations (see ICAO definitions). 'G' for General Aviation, includes aerial work and non-commercial business jet flights. So the flight type shown in the flight plan does (or at least should) indicate the nature of the flight