This video (and EASA's response, to a certain extent) ignores the fact that aircraft can have multiple different MTOW defined for different categories of flight, and that these definitions can be changed over time.
Take a look at this W&B sheet for a PA28, for example:
PA28 Weight and Balance Envelope
(image from EuroGA)
It shows two things very clearly.
1. In the bottom right corner you can see that the graph was updated a year after it was first published in the PoH (aircraft equivalent of the user manual).
2. The graph shows two horizontal lines which represent the MTOW. The top line (the top of the envelope) is the MTOW for the general category, ie most flights, and the horizontal line through the middle of teh envelope is te MTOW for the 'Utility' category of flight.
The envelope shown on the graph shows the wieght and CofG limits within which the aircraft can be legally flown in teh two categories of flight.
DJI could easily add this information to the user manual if they wanted to make this undisputable. Simply specify the MTOW for A1 category as being <250g (as the law requires) and specify the actual, physical, demonstrated MTOW of the aircraft as the MTOW for the A3/other/general category.
That way you would stay legal if you kept the weight of your Mini 2 below 250g when flying in the A3 category.
As it is, the MTOW is not specified in the user manual, from what I can see, so this would remain a grey area as EASA claim that it is the published MTOW that the law is based on (then they make a statement that the Mini 2 would not be allowed in A1 after the transition, despite the MTOW not being specified!).
CAA have aligned with EASA in many ways, but EASA has always allowed for member states' own interpretations to over-rule the general rules within that state (take the IMC rating for UK pilots, for example, which had no equivalent under EASA but was still valid in the UK for flights within the UK).
So it's down to DJI to cliarify in their user manual, local aviation authorities to interpret EASA's rules in a sensibel way, or for some unlucky Mini 2 pilot to take it to court and prove it one way or another through case law (though that would likely be state specific as well!).
-N.O.T. |