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Autore Topic: Italian ULM Airworthiness Legal issues.  (Letto 6574 volte)
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FERRYAIR
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« il: 01 Settembre 2009, 19:39:29 »

I am currently in the process of going through a court case with the CAA ( Civil Aviation Authority ) regarding airworthiness of a Italian registered Skyranger that I flew into UK airspace, the CAA are stating that I flew this Skyranger into the UK without any airworthiness documentation being in force. My question is : I acquired the ULM with all relevant documentation and this inclusively had the paperwork that allows continued airworthiness under the Italian Aviation regulations as per ULM criteria. Now the CAA are saying that Italian Airworthiness documentation is worthless in their eyes and that I was flying without valid paperwork and are taking court action that they hope will lead to a prosecution in their favour. I have legal representation, but we are finding it hard to get further clarification of what exactly constitutes the airworthiness of ULM's registered in Italy, whilst I am bound it would seem by having to comply with CAA regulations and that the CAA are implying that Italian aviation regulations are legally flawed in UK airspace, I need some basic facts about how your airworthiness paperwork remains legally current on ULM aircraft. Any help in answering this would be gratefully apprieciated.  The strange part is that if this was a UK registered ULM in Italy the CAA claim they still have powers over the legal operation of the aircraft, yet they won't accept that the Italian authorities paperwork is legally acceptable in the UK ?           
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alex104
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« Risposta #1 il: 01 Settembre 2009, 20:27:25 »

Peter, I am afraid you opened a can of worms. The CAA are bullies, you know the monies we had to waste and the bother we had to endure when they compelled us to put all the Yaks on the british register. All this because the lituanians were not capable to face up to them. The ungarians instead have given them the finger and the Yak 18 have a full CoA and the Sukoy 29 as well.

Your only hope is taht the italian authorities threaten a tit for tat boycot of the british ULM. Good luck, mate!

By the way, if you are unsuccesfull, there will be a legal precedent for banning all italian ULM from UK airspace, this is something to think about for all of us. Guys, better find a way to help Peter!
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Alessandro Burani

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« Risposta #2 il: 05 Settembre 2009, 10:32:53 »

they dont have a case there, and i doubt any half sane judge would consider their point. in principle, there is no law stating that foreign microlights cannot fly into uk airspace. in fact, there is a rule saying that you need to apply for a permission, therefore implying that is indeed legal to fly foreign registered microlights in UK. in the case, they can charge you with flying the a/c without the permission, for sure not for flying without CofA or PtF, because there is no such thing for italian registered ULM.

if it bothers them that italian ML dont have to undergo the silly, draconian CAA airworthiness rules, well too bad for them. remind them there is no longer an empire, and anyway italy was never part of it
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« Risposta #3 il: 05 Settembre 2009, 11:30:07 »

c'e' mica nessuno che e' stato in UK in ultraleggero nell'ultimo anno e che puo' dimostrarlo? questo taglierebbe la testa al toro di fronte al giudice
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We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.