On Jun 20, 2:47=A0pm, Peter <nos...@[EMAIL PROTECTED]
> wrote:
>IMHO it is completely impossible for Europe to stop "true foreigners"
>e.g. American pilots flying into European airspace on say an FAA
>PPL/IR, in their N-reg planes. That would be a massive breach of ICAO
>privileges.
I suppose you're right. I was sort of hoping they would try it.
There would be massive backlash, and it would likely kill the entire
idea.
> Europe will *somehow* work this only against its own residents and how
> this is determined is not yet known. This would be worked out by the
> lawyers drafting the final regulation in years to come.
Well, that's something that they CAN do. ICAO permits any signatory
nation to reject the licensing of one of it's own nationals by another
signatory, for purposes of flight over its own territory. So
basically, if we treat EU as a nation (and that's not too far a
stretch, given the common citizen****p and aviation licensing scheme -
I think it would certainly pass muster with ICAO) then they can do
whatever they want with regard to EU nationals flying under foreign-
issued credentials.
This would be legally easy, at least under US law - I don't know
enough about European law to be sure. You simply add the caveat that
this law is not applicable where it would violate EU's obligations
under the ICAO treaty, and you're off to the races. That would
automatically apply the law to EU nationals only.
They are likely to exempt scheduled air service flying under a
certificate (that's not what they're concerned about anyway) and just
apply the rules to those flying foreign-registered aircraft on foreign
licenses/certificates in non-airline contexts. That way there will
not be a significant constituency to complain - basically just the
people flying N-registered aircraft on US certificates in order to
escape the more onerous JAA provisions. Which, of course, is exactly
the point - they want you jumping through JAA hoops, not avoiding them
by getting a foreign certificate and aircraft.
> There would be obvious work-arounds for the most common scenarios e.g.
> business jets. The owner would merely need to fire his EU-based crew
> and replace them with non-residents or non-EU pass****t holders. Plenty
> of such pilots are to be found in Europe.
And very easy to im****t them from the US anyway, given that the US
airlines are not exactly in great shape. So basically the bizjet
folks wouldn't care too much.
The real losers in this game are going to pilot-owners of N-registered
airplanes in the EU who went that route to avoid the extremely onerous
requirements of the JAA instrument rating.
Peter, I know you already know this, but for US pilots following
along, there is a fundamental difference in policy between the FAA and
JAA with regard to the instrument rating. In the US, the FAA would
basically like every private pilot who actually goes anywhere to have
an instrument rating. They make this as easy as possible - minimum
experience requirements (now down to just 50 hours XC time, and under
141 that's not even required), minimum instructional requirements (no
formal ground school required, and you can do as little as 15 hours
with a CFII and the rest with a safety pilot if you're up to it), and
minimum equipment requirements (any plane with a nav/com that has GS
and p***** a pitot/static check can be used for the checkride). You
can literally go to a weekend class, pass your written on that basis,
and then take a 2 week vacation to someplace that specializes in
accelerated courses and come back with a rating.
Such a thing is totally impossible under the JAA rules. The
requirements are quire onerous, and not really feasible for a normal
person with a job and a family. That's why there are pilots who opt
to own N-registered planes and fly on US credentials. I have a
feeling the JAA wants them to go away - or at least not to have any
more of them being produced.
> Flying an on FAA license is no different
> to flying on a JAA license. Neither IR prepares you for e.g. the weird
> and wonderful world of Eurocontrol airway routings
Or East Coast (US) airway routings, for that matter.
Michael
|
