JAA Compliant Licences
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JAA Compliant Licences
I've just received this email from the CAA in regard to the claim made some weeks ago that an FAA granted licence can be 'JAA Compliant'.
Reproduced in full;
Thank you for your email dated 29 February 2004. Firstly, can I apologise for the delay in responding.
LASORS 2004, Section A7 Exercising the privileges of a Non-UK Licence in UK registered aircraft is almost a direct transcript of what is in the ANO 2000.
It says' Article 21, of the ANO 2000, states that a pilot must hold an appropriate licence granted either by the UK CAA or by a foreign authority and rendered valid under the ANO to fly a UK registered aircraft. A JAA licence is deemed to be a licence rendered valid under the ANO unless the UK CAA in the particular case gives direction to the contrary. A JAA licence is a licence issued in accordance with licensing and medical requirements of
JAR-FCL by a full JAA Member State that has been recommended for mutual recognition by Central JAA (JAA Headquarters). A licence issued by any other ICAO Contracting State (including a JAA State that has not yet been recommended for mutual recognition) is also deemed to be valid under the ANO for the purposes of flying a UK registered aircraft, providing that the licence and medical are valid in accordance with the rules/laws of the issuing State, and the CAA does not in the particular case give direction to the contrary.
However, the ANO 2000 Article 21 (4) (a) states that the holder of such a licence cannot:
1. act as a member of the flight crew of any aircraft flying for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or
2. in the case of a pilot's licence, to act as a pilot of any aircraft
flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying.'
Therefore, the only 'JAA Compliant' flight crew licences are those issued by a full JAA Member State which has been recommended for mutual recognition. Further to this the UK CAA cannot give approval for a pilot operating on a valid ICAO flight crew licence in a UK (G) Registered Aeroplane in another ICAO or even EU(JAA) States airspace.
As such, authorisation must be sought for any non-UK or non-JAA pilot wishing to fly a UK (G) Registered Aeroplane to say France, or other mainland European Countries.
I trust this has clarified the situation.
Yours sincerely
Justin Willcocks
Manager Licensing Operations
Reproduced in full;
Thank you for your email dated 29 February 2004. Firstly, can I apologise for the delay in responding.
LASORS 2004, Section A7 Exercising the privileges of a Non-UK Licence in UK registered aircraft is almost a direct transcript of what is in the ANO 2000.
It says' Article 21, of the ANO 2000, states that a pilot must hold an appropriate licence granted either by the UK CAA or by a foreign authority and rendered valid under the ANO to fly a UK registered aircraft. A JAA licence is deemed to be a licence rendered valid under the ANO unless the UK CAA in the particular case gives direction to the contrary. A JAA licence is a licence issued in accordance with licensing and medical requirements of
JAR-FCL by a full JAA Member State that has been recommended for mutual recognition by Central JAA (JAA Headquarters). A licence issued by any other ICAO Contracting State (including a JAA State that has not yet been recommended for mutual recognition) is also deemed to be valid under the ANO for the purposes of flying a UK registered aircraft, providing that the licence and medical are valid in accordance with the rules/laws of the issuing State, and the CAA does not in the particular case give direction to the contrary.
However, the ANO 2000 Article 21 (4) (a) states that the holder of such a licence cannot:
1. act as a member of the flight crew of any aircraft flying for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or
2. in the case of a pilot's licence, to act as a pilot of any aircraft
flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying.'
Therefore, the only 'JAA Compliant' flight crew licences are those issued by a full JAA Member State which has been recommended for mutual recognition. Further to this the UK CAA cannot give approval for a pilot operating on a valid ICAO flight crew licence in a UK (G) Registered Aeroplane in another ICAO or even EU(JAA) States airspace.
As such, authorisation must be sought for any non-UK or non-JAA pilot wishing to fly a UK (G) Registered Aeroplane to say France, or other mainland European Countries.
I trust this has clarified the situation.
Yours sincerely
Justin Willcocks
Manager Licensing Operations
Further to this the UK CAA cannot give approval for a pilot operating on a valid ICAO flight crew licence in a UK (G) Registered Aeroplane in another ICAO or even EU(JAA) States airspace.
As such, authorisation must be sought for any non-UK or non-JAA pilot wishing to fly a UK (G) Registered Aeroplane to say France, or other mainland European Countries.
As such, authorisation must be sought for any non-UK or non-JAA pilot wishing to fly a UK (G) Registered Aeroplane to say France, or other mainland European Countries.
Art 21 of the ANO renders valid an ICAO licence for use in G-reg aircraft (with the restrictions described) without territorial limitation. Other states are obliged to accept this validation by Art 32(a) of the Chicago Convention. JAA has nothing to do with it.
While the CAA may direct otherwise in particular cases, it is not within their remit to reinterpret the statutory instrument.
