Sam Whitman :

Bertie the Bunyip wrote:

Sam Whitman
:

wrote:

Finally note that British Airways is not a US carrier and not
even
required to
follow 14 CFR 121.

Untrue.
121.1
This part prescribes rules governing--
...
(f) Each person who is an applicant for an Air Carrier Certificate
or an Operating Certificate under part 119 of this chapter, when
conducting proving tests.

British Airways is no such applicant, nor is any other foreign
flagged carrier.

119.1(a) This part applies to each person operating or intending
to operate civil aircraft -
(1) As an air carrier or commercial operator, or both, in air
commerce;

It's nice to be able to quote selected portions of the CFR. It's
more important to have a clue what you are quoting. Before
claiming that part 119 refers to foreign flagged airlines operating
in the USA, you might be interested in reading part 119. See 14
CFR 119.1 (d)

So if they want to operate as an air carrier in the U.S. then for
the portion of their flight in U.S. territory they are indeed
subject to 14 CFR 121.

Absolutely False.

No, it isn't. No more than say, A US aircraft operating into France
would be exempt from their air navigation orders which have higher
Cat 3b limitations than 121.

Two distinctly separate situations which are not comparable. Part 121
applies to US flagged airlines only. To put it another way, part 121
does not apply to foreign flagged (non-USA) airlines. See 14 CFR
121.1


OK, that's true enough.

A US aircraft operating in France would be subject to all French
regulations which pertain to foreign flagged (non-French) airlines.
However treaties in ICAO countries limit the authority of all such
regulations.


also so, but he's still not going to get nailed.BA can use 121 to show a
double standard is being used by the FAA if it were to go to court, which,
of course, it will not.


Bertie