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M reg with non EASA licence

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M reg with non EASA licence

Old 23rd Oct 2020, 05:45
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M reg with non EASA licence

Hi all. I have been out of aviation for some time, before I went in another direction EASA was implementing the requirement for any foriegn registered aircraft operating in EASA land to hold the equivelant EASA licence. Can anyone bring me up to date with this ie would a FAA ATPL with IOM validation be allowed to fly M reg based in Europe?
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Old 23rd Oct 2020, 12:03
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All dependfs on who the operator is. If the operator is based in EASA-land then all their crew must have EASA licences as well whatever they need to fly the aircraft. There are plenty of operators of M-Reg aircraft supposedly not based in Europe that operate aircraft that are permanantly here. Some of them even legally! Find one of those and you are good to go.
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Old 23rd Oct 2020, 12:34
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BJ, Thank you for your post. I would like to ask if you have a reference which requires any operator based in EASA land to hold an EASA licence even if operating on an M reg.

Thank you

MM
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Old 24th Oct 2020, 10:03
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Originally Posted by BizJetJock View Post
All dependfs on who the operator is. If the operator is based in EASA-land then all their crew must have EASA licences as well whatever they need to fly the aircraft. There are plenty of operators of M-Reg aircraft supposedly not based in Europe that operate aircraft that are permanantly here. Some of them even legally! Find one of those and you are good to go.
Thanks BizJetJock pretty much as I thought, I'm not enquiring ref me flying but choosing new reg for 7X to be based in Switzerland. IOM are user friendly and accept most licences, that was the reason for my enquiry.
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Old 26th Oct 2020, 11:54
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MM
ORO.FC.100(c)
All flight crew members shall hold a licence and ratings issued or accepted in accordance with Commission Regulation (EU) No 1178/20111 and appropriate to the duties assigned to them.
This applies regardless of the registration of the aircraft being operated, so the crew need EASA licences even if they also need (for example) FAA licences to be legal to fly the aircraft, unless they have a validation.
Part-OPS applies to all operators with a prinicpal place of business in a member state. Cue many years of legal arguments over what constitutes principal place of business, but it is often clear-cut. When you have, for example, a Maltese registered company with its offices in Malta then it's hard to argue they are not an EASA operator even if all the aircraft are M-Reg.
Although I am not an EASA fan in lots of ways, I have to defend them here and point out that this is an ICAO requirement and not something they have made up. It is the same in principle if you are a Cayman based operator, you have to comply with their licencing requirements. Just they accept any ICAO one so it is a lot easier.

I hope that helps!

BJJ

Last edited by BizJetJock; 26th Oct 2020 at 12:14. Reason: Spelling
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Old 28th Oct 2020, 07:40
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Thanks again BJJ, it helps a lot, I'll be managing a new aircraft for a new company, purely for company use no commercial air transport involved. Have a lot of catching up to do.
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Old 28th Oct 2020, 12:55
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Thank you guys for your good replies, although not managing these days I had previously had discussions on the subject and my questions were really to see if my understanding was shared more widely. I agree with your comments.

More detailed explanations can be found here https://www.caa.co.uk/Commercial-ind...C-declaration/

I think it basically says that if the aircraft is based in the UK and you dispatch from the UK you have to comply with NCC regardless of where your company office is registered.

MM
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