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  1. #1
    F-UK FLYER
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    You cannot fly a SSDR outside of UK Airspace without an exemption issued by the CAA.

    As a follow up to the Flying a SSDR abroad & wanting to check whether what Graham Smith was told was entirely correct I checked with Mark Shortman and Mark kindly referred my query to the relevant departments in the CAA & they have all had a bit of a 'pow wow' with Mark himself.

    The outcome is that : a UK Registered Microlight SSDR can fly outside the UK providing the permission of the NAA of the country concerned is given and an exemption or permission granted by the CAA in relation to Article 33 of the Air Navigation Order 2016. Details on how to apply for an exemption are here http://www.caa.co.uk/Commercial-industry/Aircraft/Airworthiness/Exemptions/UK-exemptions/Apply-for-an-exemption-under-the-ANO/ .
    You would require an exemption from Article 33 of the Air Navigation Order 2016 as the flight you are proposing to conduct would not begin and end in the UK without passing over any other country.

    So the CAA official answer is : " Yes, you can fly your SSDR microlight outside of the UK if you can comply to the guidelines set out in the ANO ( as listed in the link ) The current sting in the tail is : An exemption costs 791.00 at this time, from the 1st April 2018 it is proposed to be 807.00 as most CAA fees are going up by 2%
    http://www.caa.co.uk/Commercial-indu...under-the-ANO/

    In my telephone conversation today on this subject, there was an implication that the 791.00 is a blanket charge & that now I have raised this SSDR Abroad query they are likely to look at the situation and filter down some clarity on the 'Use of SSDR microlights outside of the UK'
    They are also going to look at the charges to get an exemption so that the charge is more inline with a value that the request can reflect.

    So I would say from the conversation I had on the 20th March 2018, the CAA are keen to address this situation in a concise & documented way so that there isn't any ambiguity in what can or can't be done with a SSDR microlight OUTSIDE OF THE UK. ( They didn't realise so many SSDR microlights were flying into Europe on jolly jaunts until I broached the subject with facts )

    Take from this that an Exemption is required to be issued by the CAA and the permission of the NAA of the country concerned also needs to be applied for, it isn't a simple case of " We are De-Regulated so we can do what we like " we are only exempt from having to have a Permit to Fly or Certificate of Airworthiness to fly a SSDR microlight in the UK......... in simple words, if your aircraft has a G-**** registration affixed you have to have an exemption issued by the CAA to operate your SSDR outside UK Airspace..... if your aircraft doesn't have a G-**** registration the CAA couldn't care what you are doing with it whilst flying abroad.

    The CAA mentioned the highly publicised SkyCar that Gilo Cardoza flew abroad as being a Flying machine that whilst having been built in the UK was registered abroad so as not to fall foul of the non EASA regulations under airworthiness regulations.

    The friendly advice from the CAA was " If you plan to fly a SSDR microlight abroad, consult with us first so that you don't break any regulations that are pinned to SSDR"

    The unspoken part gave me the impression that " if we abuse it, we could lose it " To that end the CAA agreed that as foreign flying of SSDR has been brought to their attention they will be issuing Guidelines on operations of SSDR microlights outside of UK Airspace. This will serve to help avoid unwittingly breaking the law through a lack of understanding exactly what SSDR entitles you to do.

    ( I would have included the content of the CAA Email message but I need to comply to their disclaimer of "
    This e-mail and any attachment(s) are for authorised use by the intended recipient(s) only. It may contain proprietary material, confidential information and/or be subject to legal privilege." )


  2. #2
    Airfield Ops Diyan's Avatar
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    Thanks, very useful information.


  3. #3
    Member unwind-protect's Avatar
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    ANO 2016 is here http://www.legislation.gov.uk/uksi/2...ppet&wrap=true

    Which part of the ANO do they claim is infringed? The only substantive difference I see when searching for "microlight" between PtF and SSDR is under Part 4 Ch 1 33 (2), where the conditions are identical except for not requiring a PtF for SSDR. Regardless, it's hard to see that the UK CAA has much jurisdiction over what happens outside our international borders. Now, if (for example) the French aviation authority had issues with the SSDR category, that would be an entirely different kettle of poisson.
    Flying a Quantum leap for Microlightkind!


  4. #4
    Co-Pilot jetlag's Avatar
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    I don't believe the French have any problems, I'm sure Clive can clarify but here I believe the restrictions are far less than you experience your side of the canal and that a more pilot based judgement is accepted.
    F-JRIB
    Today is the tomorrow you worried about yesterday.

    Phil.


  5. #5
    F-UK FLYER
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    Quote Originally Posted by unwind-protect View Post
    ANO 2016 is here http://www.legislation.gov.uk/uksi/2...ppet&wrap=true

    Which part of the ANO do they claim is infringed? The only substantive difference I see when searching for "microlight" between PtF and SSDR is under Part 4 Ch 1 33 (2), where the conditions are identical except for not requiring a PtF for SSDR. Regardless, it's hard to see that the UK CAA has much jurisdiction over what happens outside our international borders. Now, if (for example) the French aviation authority had issues with the SSDR category, that would be an entirely different kettle of poisson.
    As you are like many ( myself included prior to full clarification ) unaware of what SSDR means in terms of what you can do & what you can't do with a SSDR I will put highlighted bulletpoints under the relevant parts in the hope that you understand the viewpoint the CAA relayed to me in a very detailed phone conversation.

    Certificate of airworthiness to be in force (section 33 ANO.)

    33.—(1) Subject to paragraphs (2) and (3), an aircraft must not fly unless there is in force for the aircraft a certificate of airworthiness—

    (a)issued in accordance with the relevant minimum standards established under the Chicago Convention;

    (b)issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; and

    (c)in respect of which any conditions subject to which the certificate was issued or rendered valid are complied with.

    (2) The prohibition in paragraph (1) does not apply to flights, beginning and ending in the United Kingdom without passing over any other country, of—

    (a)a non-EASA glider unless flying on a public transport or commercial air transport flight;
    But does apply if the glider is flying over any other country

    (b)a non-EASA balloon flying on a non-commercial flight;
    But does apply if the balloon is flying over any other country

    (c)a non-EASA kite;

    (d)a non-EASA aircraft flying in accordance with the A Conditions, the B Conditions, the E Conditions or under a special category national certificate of airworthiness;


    (e)an aircraft flying in accordance with a national permit to fly;

    (f)a microlight aeroplane which—
    (i)is designed to carry one person only; and
    See HIGHLIGHTED TEXT below.
    (ii)is flying on a non-commercial flight; or

    (g)an aircraft flying in accordance with the terms of any permission given by the CAA under article 269.

    (3) The prohibition in paragraph (1) does not apply to flights by an aircraft flying in accordance with an EASA permit to fly.

    (4) In the case of a non-EASA aircraft registered in the United Kingdom, the certificate of airworthiness referred to in paragraph (1) is, subject to article 37, a national certificate of airworthiness.

    (5) In the case of an EASA aircraft registered in the United Kingdom, the certificate of airworthiness referred to in paragraph (1) is an EASA certificate of airworthiness issued by the CAA.

    (6) For the purposes of paragraph (1), a certificate of airworthiness includes an EASA restricted certificate of airworthiness.

    (7) An aircraft registered in the United Kingdom with an EASA certificate of airworthiness must not fly otherwise than in accordance with any conditions or limitations contained in its flight manual.
    But does apply if the microlight is in the SSDR CATEGORY & is flying over any other country ( An exemption must be applied for that exempts you from Article 33) In simplistic terms the CAA have given a concession that allows National & international Pilots to fly Single Seat microlights under a local agreement within the CAA's juristiction. The CAA do have a duty of care to their European counterparts to ensure that any UK registered SSDR microlight that is wanting to fly abroad has been 'vetted' in some way. The current process is to apply for an exemption from Article 33 for your SSDR to operate in Europe without a recognised certificate of airworthiness or permit to fly. The CAA are well aware that previously SSDR microlights have ventured abroad & they are now looking at the current situation so that they can come up with a suitable resolve. The jurisdiction over any SSDR microlight remains with the CAA whether it is flying in the UK or abroad ( we are operating on a concession granted by the CAA so quite simply we have to play by their rules )
    This is the same as a UK registered car is governed by the D.O.T. & DVLA and remains governed by the D.O.T. & DVLA whilst abroad, as vehicles are mainstream the process to transit or operate a UK registered vehicle abroad has been unilaterally agreed previously. Vehicles have a V5 & MOT & TAX as well as Insurance to show EU compliance, think about what you have to show EU compliance with your SSDR? All an SSDR owner has is a Certificate of UK registration supplied by the UK CAA & a Self declared airworthiness lodged with the CAA. I would also think that SSDR insurance won't cover you abroad ( need to check that in more detail ) so I would think a UK National concession being used in a Foreign country is a very grey area, couple that to using a UK National Pilots Licence in an aircraft flying on a UK concession and I imagine the grey area becomes a lot darker ( The CAA pretty much said as much ) I asked the question as I have a genuine query & I was looking for complete clarification..... I have international licences so I would not be deemed to be acting illegally on the licencing front but I would be acting illegally if I was to fly a SSDR abroad without a CAA approved exemption. Hope this has explained it a bit better for you?


  6. #6
    thebarb
    Guest thebarb's Avatar
    Having just had further clarification on this from the CAA they did say that as far as they are concerned " Any SSDR Microlight that is going to make a flight commencing from any NON UK Terrain to any NON UK Terrain does require a exemption under : http://www.caa.co.uk/Commercial-indu...under-the-ANO/

    They are well aware that there have previously been SSDR Flights in Europe that haven't commenced from a UK Air facility & terminated at a non UK Air facility, as they can't turn back the clocks they aren't concerned by the past but they are certainly looking at this for the future.

    The current Scheme of Charges has this exemption priced at 791.00 which they are currently looking at as they agree this isn't an affordable cost for the SSDR Owner/User to pay. They are still looking at setting a realistic cost for gaining this exemption.

    The exemption is REQUIRED for any SSDR microlight that plans to operate any flights that don't either start or finish at a UK Air facility, the issue at the moment is that they haven't set a price on this.



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