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Does the 7 year derogation still apply?

Old 23rd Jan 2022, 22:22
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Does the 7 year derogation still apply?

According to the CAAs Guidance on applying for an IR(A):

The UK CAA has adopted a derogation against FCL.625(d) (see paragraph 5.3). The 7 year period specified in FCL.625(d) commences from the date the IR(A) rating has expired.
This is in place of the original EASA text, which states that the 7 years commences when you last undertook a proficiency check (ie the start of your IR instead of the end).

But I cant find any legal reference to this derogation, and Im not sure if the document Ive linked to is still current. In particular, this derogation document doesnt seem to have the same change in it.

So, could anyone please explain when the 7 year period starts, and preferably (if its 7 years from the expiry date) link me to the relevant legal text rather than just guidance? Thank you!
FlyingForFun is offline  
Old 24th Jan 2022, 13:35
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It is not exactly the same, but the intention seems to be here..
In the case of a pilot who held a third country IR that is not any longer valid but has been revalidated or renewed within the preceding 7 years the rating holder shall comply with the renewal requirements in FCL.625(c), but will also not be required to re-take the theoretical knowledge examinations. The Agency considers that this provides a level of safety equivalent to that provided by Part-FCL.
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Old 24th Jan 2022, 17:24
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Looking at your other posts, I'm guessing you held a CPL/IR and haven't flown for a while, and are just coming up to the 7 year mark? What are your intentions?
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Old 28th Jan 2022, 17:24
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Originally Posted by FlyingForFun View Post
This is in place of the original EASA text...
That exemption still exists but the quoted guidance from CAP 804 is out of date. The relief for third-country IR holders originated as an exemption applied by the UK CAA near a decade ago under threat of legal action by some ex-pats coming back from Hong Kong (see the thread UK CAA IR Fiasco). The exemption was approved by the European Commission, under annex V to 2014/69/EU: Commission Decision of 6 February 2014 (available on EUR-Lex here), but has subsequently become an implementing rule in Part-FCL. The rule exists in the retained EU law because it came into effect before Brexit. The rule, found presently on p 160 of the UK Aircrew Regulation, is:

FCL.625
(e) Holders of a valid IR on a pilot licence issued by a third country in accordance with Annex 1 to the Chicago Convention shall
be exempted from complying with the requirements in points (c)(1) [, (c)(2)]3 and (d) when renewing the IR privileges
contained in licences issued in accordance with this Annex.


There is a similar exemption for type and class ratings in FCL.740.

Unfortunately the original derogations and subsequent rules do not explicitly say that a third-country IR can preserve the ATPL exam credit for the future issue of an ATPL. That rule nevertheless makes the cut-off point clear: FCL.025(c)(2)(i) "... 7 years from the last validity date of ... an IR entered in the licence..." For the sake of consistency one would imagine that "revalidated or renewed in the preceding 7 years" in FCL.625(d) would be interpreted accordingly.
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