Does the 7 year derogation still apply?

[FlyingForFun]

According to the CAA’s Guidance on applying for an IR(A) (https://www.caa.co.uk/Commercial-industry/Pilot-licences/Aeroplanes/Instrument-rating-for-aeroplanes/):

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 can’t find any legal reference to this derogation, and I’m not sure if the document I’ve linked to is still current. In particular, this derogation document (https://www.legislation.gov.uk/eudn/2014/69/annexes?view=plain) doesn’t seem to have the same change in it.

So, could anyone please explain when the 7 year period starts, and preferably (if it’s 7 years from the expiry date) link me to the relevant legal text rather than just guidance? Thank you!

[Alex Whittingham]

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.

[rudestuff]

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?

[selfin]

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That exemption still exists but the quoted guidance from CAP 804 is out of date.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 (https://www.pprune.org/military-aviation/487882-uk-caa-ir-fiasco.html)). 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 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014D0069)), 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 (https://publicapps.caa.co.uk/modalapplication.aspx?appid=11&mode=detail&id=9939), 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.