If you know what EASA plan to do in the future |
The UK CAA has issued an AIC, apparently without proper consultation or scrutiny AIC (W80/2010) is another confusing document issued by the CAA that contains information that is inaccurate and inconsistent with the ANO. 1.1 Since the 31 January 2008, pilots who have valid Single Engine Piston (SEP) class ratings in their UK National or UK-issued JAR-FCL licences have been licensed to fly SSEA, SLMG or microlight aeroplanes, subject to differences training as appropriate, as they fall within the scope of the SEP rating. (b) Power driven flying machines (i) Aeroplane (Landplane) (ii) Aeroplane (Seaplane) (iii) Aeroplane (Amphibian) (iv) Aeroplane (Self-launching Motor Glider) (v) Powered Lift (Tilt Rotor) Due to errors in earlier AICs some pilots found themselves flying "illegally" and in consequence the CAA were forced to issue an Exemption ORS4 No 674 allowing SLMGs to continue to be flown by pilots who did not hold a valid SLMG Class rating! This Exemption was withdrawn in June 2009 and pilots of SLMGs are now required to comply with Article 67. SLMGs are not covered by the SEP Class rating as this AIC implies! As Examiners we are required to enforce this on behalf of the CAA yet their own staff fail to grasp it! The AIC further states: A valid SEP rating in this context means that there is a valid Certificate of Revalidation for the SEP class rating and a valid JAR-FCL Medical Certificate in the pilot's licence. It then goes on to say: An SEP rating cannot be revalidated or renewed, ............................ unless the applicant/holder has a valid JAA Class 1 or 2 Medical Certificate. If this is meant to be a change in the Law, applied without consultation; on what safety grounds can this be justified? Why confine it to SEP ratings, what about other Classes TMG, MEP, SLMG etc? Yet another example of chaos and confusion! |
Whopity - I've had this debate with a few people. Interestingly, the latest version of Standards Doc 11, Appendix 2 also now says that the examiner must check the medical certificate for currency for rating revalidation.
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Interesting that two CAA FEs had their SET Class ratings revalidated whilst they had no medicals!
Indeed, I always check it for validity and point out that without a valid medical they cannot exercise the privileges. Still nothing illegal about it! Unenforcible Rules are Pointless Rules! |
Medicals
I had a fairly lengthy discussion about this with the CAA when the issue of NPPL medicals with JAR-FCL licences was being reviewed prior to the issue of the above AIC, and pointed out that the FEH and the ANO contradict each other. ANO Article 72 says that for any licence other than the NPPL, "the holder of the licence is not entitled to perform any of the functions to which the licence relates unless the licence includes a valid medical certificate". This means that a UK PPL(A) or JAR-FCL PPL(A) is invalidated if there is no Class 1 or Class 2 medical certificate. So the SEP rating and/or a JAR-FCL licence cannot be renewed or revalidated without a Class 1 or Class 2 medical certificate. This was inserted into the 'new' ANO which has been in force since January 2010. SLMG
Originally Posted by Whopity
SLMGs are not Aeroplanes (Land), and do not fall within the scope of the SEP rating SEP Privileges under Section C The holder of a UK JAR-FCL licence with SEP rating may also, subject to completion of differences training with an appropriately qualified flying instructor, exercise the privileges of their licence on microlight aeroplanes and SLMG’s in UK airspace only, without the necessity of obtaining a NPPL (the normal licence for such aeroplanes). |
LASORS is Guidance and does not take precedence over the ANO! Schedule 3 is quite clear and has been there for decades! How do you obtain the necessary Certificate of Test, Experience or Revalidation based upon "Differences" training?
the holder of the licence is not entitled to perform any of the functions to which the licence relates unless the licence includes a valid medical certificate" |
I didn't say that you can't do the flight - he is perfectly entitled to display his skills to you. However, you cannot then sign the Certificate of Revalidation since this is specifically prohibited by Article 72.
As for SLMG, the CAA have produced guidance which states that they interpret the regulations such that a JAR-FCL SEP rating holder may fly a SLMG in UK airspace, once they have completed differences training, using a valid SEP rating. In the same way, you could telephone or e-mail the CAA and receive the same guidance. |
However, you cannot then sign the Certificate of Revalidation since this is specifically prohibited by Article 72. |
Interpret it how you wish - I do not pretend to be a lawyer.
As I see it, you are an examiner acting on behalf of the CAA in accordance with the Authorisation granted by them. Article 72 states that no licensing action is to be taken on a licence with no valid medical. The CAA have also stated this in their guidance documentation. Seems perfectly clear to me. |
Article 72 states that no licensing action is to be taken on a licence with no valid medical. Requirement for a medical certificate 72 (1) This article applies to any licence granted under article 64, other than a National Private Pilot's Licence (Aeroplanes) or a Flight Radiotelephony Operator's Licence. (2) The holder of a licence to which this article applies is not entitled to perform any of the functions to which the licence relates unless the licence includes a valid medical certificate issued under paragraph (4). (3) Every applicant for or holder of a licence to which this article applies must, whenever the CAA requires, submit himself or herself to a medical examination by a person approved by the CAA, either generally or in a particular case or class of cases, who must make a report to the CAA in such form as the CAA may require. (4) On the basis of such medical examination, the CAA or the approved person may issue a medical certificate which states that they have assessed the holder of the licence as meeting the requirements specified by the CAA. (5) Subject to articles 74(3) and 228, a medical certificate is valid for the period specified in the certificate. (6) A medical certificate forms part of the licence. |
As for SLMG, the CAA have produced guidance which states that they interpret the regulations such that a JAR-FCL SEP rating holder may fly a SLMG in UK airspace, once they have completed differences training, using a valid SEP rating. In the same way, you could telephone or e-mail the CAA and receive the same guidance. As I see it, you are an examiner acting on behalf of the CAA in accordance with the Authorisation granted by them Nothing in the Law prohibits an examiner from signing a licence with a Cof R whether or not the candidate has a valid medical certificate. If they do not have one you must make the holder aware that they may not exercise the privileges without such a Certificate. The CAA are not empowered to change the law by making it more stringent; they may relax it by issuing an Exemption under Art 242. |
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