PPL Night flying in Classes D and E.

[selfin]

Considering flight at night in the UK must be conducted under IFR, and considering the following from Sch 8 to the ANO, is the holder of a PPL(A) which includes a Night Qualification therefore not entitled to fly at night in classes D and E airspace?

ANO 2005, Schedule 8, Section 2 (JAR-FCL Licences), Sub-Section 1 (Aeroplane Pilots), Private Pilot Licence:

(3) The holder shall not:
(b) unless his licence includes an instrument meteorological conditions rating (aeroplanes), fly as pilot in command or co-pilot of such an aeroplane flying in Class D or E airspace in circumstances which require compliance with the Instrument Flight Rules.

And is it correct to state that whatever the answer to the above, it has no extra-territorial effect on non-UK registered aircraft operated by UK issued JAR-FCL PPL holders?

[walkabout]

I'm sure you do this under a SVFR clearance (including in a Class A zone such as Heathrow). Can't point you to the ANO section but I've done it under instruction in the past.
W

[High Wing Drifter]

Hi there,

A couple of quotes from CAP393:

‘special VFR flight’ means a flight made at any time in a control zone which is ClassA airspace, or in any other control zone in Instrument Meteorological Conditions or at night, in respect of which the appropriate air traffic control unit has given permission for the flight to be made in accordance with special instructions given by that unit instead of in accordance with the Instrument Flight Rules and in the course of which flight the aircraft complies with any instructions given by that unit and remains clear of cloud and in sight of the surface;

Choice of VFR or IFR
22
(1) Subject to paragraph (2) and to the provisions of rule 21 an aircraft shall always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules.
(2) In the United Kingdom an aircraft flying at night:
(a) outside a control zone shall be flown in accordance with the Instrument Flight Rules; or
(b) in a control zone shall be flown in accordance with the Instrument Flight Rules unless it is flying on a special VFR flight.

[mm_flynn]

Originally Posted by selfin

And is it correct to state that whatever the answer to the above, it has no extra-territorial effect on non-UK registered aircraft operated by UK issued JAR-FCL PPL holders?

The fact that night VFR is not allowed in the UK is an airspace rule. Therefore it applies to all aircraft in UK airspace but has no effect on any aircraft outside of the UK.

Choice of VFR or IFR
22 (1) Subject to paragraph (2) and to the provisions of rule 21 an aircraft shall always be
flown in accordance with the Visual Flight Rules or the Instrument Flight Rules.
(2) In the United Kingdom an aircraft flying at night:
(a) outside a control zone shall be flown in accordance with the Instrument Flight
Rules; or
(b) in a control zone shall be flown in accordance with the Instrument Flight Rules
unless it is flying on a special VFR flight.