The UK Civil Aviation Authority concedes that night operations of single-engined commercial cargo aircraft could be accepted under new European regulations, provided that they avoid built-up areas. This comes despite the Authority's own recent legal victory upholding the ban on such flights in UK airspace (Flight International, 18-24 June, P5).
AEuropean Joint Aviation Requirements (JARs) study group is tackling the subject of singles using "sparsely populated corridors" for flight at night and in instrument meteorological conditions (IMC), says the CAA.
The study group, which is due to convene within the next three months, would have to agree on a system which would require aircraft to avoid overflying built-up areas, however.
The potential compromise has come to light as the CAA won a court case preventing a UK company employing a Norwegian-registered Cessna Caravan 208B for night newspaper-delivery flights.
Martini Airfreight Services believed that the use of an aircraft from a European Economic Area (EEA) state which allows night/ IMC commercial single operations was lawful in the UK.
The CAA has admitted in the UK High Court that its own relevant regulations apply only to aircraft registered in the UK, but it has successfully used Norwegian regulations to overturn the case brought by Hangar 5 (H5), the Norwegian carrier which had been flying for Martini.
Lawyers for Norway's CAA stated in court that its regulations require Norwegian-registered carriers to abide by the established procedures of foreign countries in which they operate.
The judge ruled that, although there was no UK rule preventing H5's Cessna 206 night operation, the CAA's established procedure was not to allow it. H5 was therefore in contravention of Norwegian regulations.
Martini says that H5 is challenging the Norwegian CAA's rules and may take the matter to the European Commission.
Source: Flight International
