FFPLUM PRESS RELEASE - Wednesday 13 May 2020

Season 202020 May 20204 min read

Dual flights for everyone’s safety

Many of you... and quite rightly... are asking the Federation whether two-seat flights have been possible since 11 May. The Federation, with the CNFAS, maintains that the resumption of flying, which is possible solo and wanted by everyone as part of a cautious and reasonable easing of lockdown, must absolutely also be possible two-seat, for obvious safety reasons.

The CNFAS has asked the DGAC for clarification of the authorities' strategy. With no reply to date, and pending the texts planned on transport, everyone must take their own responsibility.

Under current law, decree 2020-548 of 11 May 2020 states in annex 1: "Masks must be worn systematically by everyone whenever physical distancing rules cannot be guaranteed."

We therefore consider that two-seat flights are possible as part of the return to flying, and the Federation will defend members, pilots, instructors, club presidents and organisation managers who may be challenged on this point, provided there is strict compliance with:

The health measures (see Measures)
A local flight
Excluding introductory flights at first.

Attached is the opinion of the Federation's lawyer, who stands behind the Federation on this point. The Board of Directors has approved this approach. The Federation has set up the REV+ scheme to support the return to flying.

We must be pragmatic and responsible. We favour resuming two-seat flights and, in law, nothing forbids it, pending broader provisions which we will communicate immediately as soon as we have them.

Sébastien PERROT

President of FFPLUM

ON THE APPLICATION OF DECREE No. 2020-548 OF 11 MAY 2020 AND IN PARTICULAR ON THE LEGAL POSSIBILITY OF FLYING WITH TWO PEOPLE ON BOARD

It stems from the new decree no. 2020-548 of 11 May 2020, and it is plain that its provisions are mainly intended for the majority of our fellow citizens who travel by traditional road transport and public transport, with an exception for maritime navigation.

Nevertheless, it does apply to the aeronautical field and we must reason in terms of its provisions, which should be read and interpreted with a fine-tooth comb.

Yet a careful reading of article 1 paragraph 2 of the decree unquestionably yields a general rule and, alongside it, a particular alternative provision that applies, beyond any dispute, to all aeronautical activity.

To recall the text of article 1, paragraph 2 of the decree of 11 May 2020:

"Gatherings, meetings, activities, receptions and travel, as well as the use of means of transport, that are not prohibited under this decree shall be organised in strict compliance with these measures."

Yet these "measures" entail respect for social distancing, including physical distancing of at least one metre between two people.

If we stop at a simple reading of this text, we must conclude that this measure applies to air transport carried out aboard a microlight between two people, whether it is a recreational or professional flight, with or without an instructor, apart from the exceptions listed in article 3 (professional activity and business travel, journeys between home and school, health consultations and specialist care, compelling family reasons, appearances before the police or gendarmerie, summonses from an administrative court or judicial authority, public-interest missions).

This is a reading - too hasty and incomplete - that some local authorities have made of this text.

It must therefore be stated that this conclusion is mistaken.

Indeed, article 1 paragraph 1 of the decree of 11 May 2020 unquestionably contains an alternative exception to the general provision, by expressly referring to its annex 1, which takes precedence over the general provision.

Article 1 paragraph 1 imposes physical distancing measures as they refer to the provisions of annex 1 in these terms:

"In order to slow the spread of the virus, the hygiene measures set out in annex 1 …….. "

Yet annex 1 expressly provides that physical distancing rules may be waived when they cannot be guaranteed, since this text states:

"[…….] Masks must be worn systematically by everyone whenever physical distancing rules cannot be guaranteed."

Failure to observe physical distancing has therefore been legally provided for in certain cases.

It must be concluded that any flight whose resumption the law has ordered without reservation, with two people on board (private/private, instructor/private) and for which distancing rules cannot be met and therefore cannot be guaranteed, may be undertaken, subject to the obligation that both people on board wear a mask throughout the flight.

This conclusion does not seem open to dispute to me, and it means that any organisation and any aircraft owner, in particular of a microlight of any class, may undertake any flight with at least two people on board.

Naturally, the other provisions of the decree of 11 May 2020 remain applicable, in particular those setting travel limits within the legal radius of 100 km.

Consequently, both the Federation and the author of this opinion can only encourage, without reservation, all members of our movement to undertake flights in accordance with the requirements set out here and, of course, in compliance with the other legal provisions. Their Federation will stand by them in all circumstances.

Note written in PARIS, on 13 May 2020