From:	Allan Robin
Sent:	17 May 2004 11:44
To:	Beaven David
Cc:	Duncan George
Subject:	RE: Article 115 advice - flying training
Although your message is headed Article 115, my comment concerns Article 113.

Article 113 of course concerns public transport flights  It contains an express exception for EEA aircraft which are entitled to fly in the UK under EC Regulation 2408/92.  Such aircraft simply do not need a permission from DfT.  They do not need to talk to DfT at all.

Article 115 deals with aerial work.  It contains no express exception for EEA aircraft.

 -----Original Message-----
From: 	Beaven David  
Sent:	17 May 2004 10:08
To:	Allan Robin
Cc:	Duncan George
Subject:	Article 115 advice - flying training

Robin

I note that in relation to Art 113 you have stated 

If flying in the UK for the purposes of public transport a non-EEA registered aircraft will require the permission of DfT under article 113 of the Air Navigation Order 2000.

GAD has maintained consistent advice to DfT, objecting in relation to applications from flying training organisations wishing to use foreign registered aircraft. DfT have recently confirmed that, based on our advice and that from GAMTA, it is their policy that these should be declined.

The basis of our advice was that UK was better placed to oversee such aircraft than a foreign authority.

Are we still entitled to maintain this advice, or is there a reason why we should cease to object to such applications involving EEA registered aircraft?

Thanks

David