EASA/Estonian Rulemaking Workshop Tallinn - 30-31 January 2013 Jean-Marc Cluzeau Head of Flight Standards Rulemaking Directorate Content Regulation 965/2012 ‘Air operations’ Regulations 1178/2011 & 290/2012 ‘Air Crew’ 2 Regulation 965/2012 ‘Air operations’ Outline European aviation rules OPS rule structure and rule development Drafting principles for OPS rules Overview “Cover Regulation” Implementation Entry into force Transitioning Grandfathering Conversion of AOC Flight Time Limitations 4 Outline European aviation rules OPS rule structure and rule development Drafting principles for OPS rules Overview “Cover Regulation” Implementation Entry into force Transitioning Grandfathering Conversion of AOC Flight Time Limitations 5 European aviation rule structure Basic Regulation ATM/ANS: air traffic management, air Airworthiness Regulation Initial airworthiness Regulation Continuing airworthiness Flight Standards ATM/ANS Aerodromes navigation services TCO: third country Regulation Regulation Regulation Aircrew ATCO ADR Regulation Regulation Air operations ANS Providers Regulation Regulation TCO AUR Regulation ATM/ANS Oversight Regulation SERA operators ATCO: air traffic controllers AUR: airspace usage requirements SERA: single European rules of the air ADR: aerodromes 6 Outline European aviation rules OPS rule structure and rule development Drafting principles for OPS rules Overview “Cover Regulation” Implementation Entry into force Transitioning Grandfathering Conversion of AOC Flight Time Limitations 7 OPS rule structure and rule development Part-ARO: Authority requirements - OPS ‘Cover’ Regulation Air operations Annex I Annex II Definitions Part-ARO Part-ORO: Organisation requirements - OPS Part-CAT: Commercial air transport operations Part-SPA: Operations requiring specific approvals Annex III Annex IV Part-ORO Part-CAT Part-NCC: non-commercial operations with complex motor-powered aircraft (CMPA) Annex V Annex VI Part-SPA Part-NCC Part-NCO: non-commercial operations with other-than-CMPA Annex VII Annex VIII Part-NCO Part-SPO Part-SPO: specialised operations, e.g. aerial work Oslo workshop 8 OPS rule structure and rule development Basic Regulation Article 3 item (j) ‘complex motor powered aircraft’ shall mean: An aeroplane: • • • • with a maximum certificated take-off mass exceeding 5 700 kg, or certificated for a maximum passenger seating configuration of more than 19, or certificated for operation with a minimum crew of at least two pilots, or equipped with (a) turbojet engine(s) or more than one turboprop engine. A helicopter certified: • • • for a maximum take-off mass exceeding 3 175 kg, or for a maximum passenger seating configuration of more than nine, or for operation with a minimum crew of at least two pilots. 9 OPS rule structure and rule development Rule development Phase OPS I Phase OPS II Phase OPS III Phase OPS IV Cover Reg. Definitions Part-ARO Part-ORO Part-CAT A, H S, B, A-to-A Part-SPA Part-NCC Part-NCO Part-SPO initial version amendment 10 OPS rule structure and rule development Document Status Published: Reg. 965/2012 Adopted in EASA Committee Discussed in EASA Committee Discussed in EASA Committee Phase OPS I Phase OPS II Phase OPS III Phase OPS IV IR: • Rule development finalised • IR to be published in the Official Journal Cover Reg. Definitions Part-ARO Part-ORO Part-CAT Part-SPA Part-NCC Part-NCO A, H S, B, A-to-A AMC/GM: • Rule development at final stage • To be published together with IR Part-SPO 11 OPS rule applicability Rule applicability CAT operator NCC operator NCO operator SPO operator NAA Cover Reg. Definitions Part-ARO Part-ORO Part-CAT Com/non-com CMPA S, H, A-to-A Part-SPA Part-NCC Part-NCO Part-SPO 12 Outline European aviation rules OPS rule structure and rule development Drafting principles for OPS rules Overview “Cover Regulation” Implementation Entry into force Transitioning Grandfathering Conversion of AOC Flight Time Limitations 13 Drafting principles for OPS rules Air operations Noncommercial Commercial CAT Commercial Air Transport operations NC SPO Special operations NCC CMPA: complex motor powered aircraft SPO Non-commercial other than SPO with CMPA Special operations NCO with other than CMPA 14 Drafting principles for OPS rules Safety focus Emphasis on SMS and oversight capabilities. Risk-based approach. Strengthening operator and authority responsibilities. Harmonisation ICAO compatibility. Harmonised rules with other regional regulators, e.g. FAA, TCAA. Flexibility and efficiency Safety objective – Implementing Rule level. Method to comply with safety objective – AMC level. Operator can develop its own alternative AMC. Specific operational or geographical needs can be addressed. Proportionality. 15 Drafting principles for OPS rules Proportionality: CAT rules differentiate between; (1/2) Organisation; non-complex versus complex organisations. Nature of operation; local/A-to-A versus A-to-B operations. Flight rules; IFR and night versus VFR operations. Crew; single-pilot versus multi-pilot operations, operations with cabin crew versus operations without cabin crew. 16 Drafting principles for OPS rules Proportionality: CAT rules differentiate between; (2/2) Aircraft; non-complex aircraft versus complex aircraft, single-engined aircraft versus multi-engined aircraft, performance classes A, B and C for aeroplanes, performance classes 1, 2, 3 and categories A and B for helicopters. 17 Drafting principles for OPS rules For transposing EU-OPS and JAR-OPS 3 Rules with a safety objective are transposed as IR. Rules with a means to comply with a safety objective are transposed as AMC, following this principle, most Appendices have been transposed as AMC. Rules which could not obviously be classified as safety objective or means to comply are transposed as IR. Notes and rules with explanatory character are transposed as GM. Appendices with alleviations: 1.005(a), 3.005(f), 3.005(g) have been transposed into the applicable rules, where relevant. 18 Drafting principles for OPS rules For transposing EU-OPS and JAR-OPS 3 (cont.) Rules allowing an alternative if approved/accepted by the authority have been removed and are replaced: For IRs by the Article 14 procedure. * For AMCs by the alternative means of compliance procedure. 19 Drafting principles for OPS rules *Article 14 Flexibility provisions 1. The provisions of this Regulation and of its implementing rules shall not prevent a Member State from reacting immediately to a safety problem which involves a product, person or organisation subject to the provisions of this Regulation. The Member State shall immediately notify the Agency, the Commission and the other Member States of the measures taken and the reason therefore. 20 Drafting principles for OPS rules For transposing EU-OPS and JAR-OPS 3 (cont.) Rules allowing an alternative if approved/accepted by the authority have been removed and are replaced: For IRs by the Article 14 procedure. For AMCs by the alternative means of compliance procedure. Rules requiring an approval are either transposed as IR, or if transposed as AMC have been removed (alternative MOC procedure). Rules which are already covered in the essential requirements (ER) of the BR have been retained with link to the ER. 21 Drafting principles for OPS rules For transposing EU-OPS and JAR-OPS 3 (cont.) Rules containing “acceptable to the authority” have been transposed as “the operator shall specify in the OM” Rules containing “if approved by the authority” have been transposed as an item requiring prior approval, or being included in the AOC. 22 Cross reference table Cross reference tables: •Comparison EASA OPS with JAR-OPS 3 and EU-OPS •Difference statements •Status: version 02 was published before end of 2012 •http://easa.europa.eu/flightstandards/doc/Cross%20reference%20table_version02.xlsx Sec # European rule European rule IR/AMC/ rule reference GM European rule rule title EUOPS/JAREU-OPS OPS3 rule reference IR/ACJ/AM C/IEM EU-OPS/JAR-OPS3 rule title 3.005(f) Operations for small Appendix 1, (a)(1) helicopters (VFR day only) 1 IR Annex I Definitions for terms used in Annexes II to VII IR 1 IR Annex I Definitions for terms used in Annexes II to VII IR 1.037(a)4. IR 3.1150(a)(1), (3), 1.1150(a)1, 4 - 6, 15 Terminology (4), (15) 1 IR Annex I Definitions for terms used in Annexes II to VII - JAR-OPS3 rule reference Accident prevention and flight safety programme - 1 IR Annex I Definitions for terms used in Annexes II to VII IR 1.165(a) 3.165(a) 1 IR Annex I Definitions for terms used in Annexes II to VII ACJ 1.345 2.a, 2.g, 2.k 1 IR Annex I Definitions for terms used in Annexes II to VII IR 1.430 - Appendix 1 (f)1.(i), (ii) 1 IR Annex I Definitions for terms used in Annexes II to VII IR 1.430 - Appendix 1 (New), (b)(3) - 1 IR Annex I Definitions for terms used in Annexes II to VII IR 1.430 - Appendix 1 (New), (b)(1) - - Difference to EUDifference to EU-OPS OPS Description Classification - No change Difference to Difference to JAR-OPS3 JAR-OPS3 Description Classification - Definition for 'flight data monitoring' extracted from EU-OPS rule Amended - - No change - Leasing Amended The terms are aligned with Art. 2 of Reg. (EC) No 1008/2008 Amended The terms are aligned with Art. 2 of Reg. (EC) No 1008/2008 Ice and other contaminants Amended Anti-icing' and 'de-icing' refer to aircraft, not only aeroplanes. 'Hold-over time' aligns with ICAO Doc 9640, 2nd ed.. New Definitions from EU-OPS refer to aircraft, not aeroplanes and therefore apply to helicopters too. The scope of OTS CAT II has been extended to helicopter operations. Precision approach — Category 3.430 - Appendix II and other than Standard 1, (d)(1) Category II operations No change The definition in EASA OPS is more specific. Small helicopters (as defined in JAR-OPS 1) are treated as non-complex helicopters (in the sense of the Basic Regulation). - No change - Amended Aerodrome operating minima Amended Approach procedure with vertical guidance': does not provide for the authority to approve lower minima [Placed in main Annex I with Opinion 1/2012] - - Aerodrome operating minima Amended CAT I approach operation': GNSS using SBAS is included - - 23 Outline European aviation rules OPS rule structure and rule development Drafting principles for OPS rules Overview “Cover Regulation” Implementation Entry into force Transitioning Grandfathering Conversion of AOC Flight Time Limitations 24 “Cover Regulation” Air operations Article 1 Subject matter and scope Article 2 Definitions Article 3 Oversight capabilities Article 4 Ramp inspections Article 5 Air operations Article 6 Derogations Article 7 Air operator certificates Article 8 Flight time limitations Article 9 Minimum equipment lists Article 10 Entry into force 25 “Cover Regulation” Air operations Scope (OPS Phase I) CAT operations with aeroplanes, helicopters Excluded for the time being are: operations with airships, tilt-rotor aircraft, tethered balloons and remotely piloted aircraft operations by design or production organisations related to the introduction or modification of aircraft types A-to-A operations with performance class B aeroplanes and non-complex helicopters 26 “Cover Regulation” Air operations Derogations (OPS Phase I) Specific Annex II aircraft when used in CAT operations. Member States may continue to require a specific approval and additional requirements for helicopter offshore operations. Single engine IMC operations with aeroplanes may continue to be operated in accordance with the conditions contained in exemptions accepted under EU-OPS. Helicopter operations to public interest sites may continue outside performance class 1 and under conditions defined by the MS. 27 Outline European aviation rules OPS rule structure and rule development Drafting principles for OPS rules Overview “Cover Regulation” Implementation Entry into force Transitioning Grandfathering Conversion of AOC Flight Time Limitations 28 Entry into force New rules enter into force as indicated in the Cover Regulation and are applicable... …unless a transition period is initiated. 29 Transitioning Transition periods (opt outs) CAT NCC NCO SPO A, H B, S A, H A, H, B, S A, H, B, S 2 years 3 years 3 years 3 years 3 years MS shall; inform EC and EASA within 2 months if opt-out is used, describe reasons, duration, implementation programme. 30 Transitioning Prior to applicability of Reg. 965/2012 Competent authority Adapt management procedures, inspector’s handbooks, certification software, etc. Prepare a conversion report for CAT(H) in consultation with EASA, describing how and when CAT(H) AOCs holders will move to full compliance with new rules. Operators Adapt management systems, operational procedures, training programmes, manuals. Around 6 months before the transition period elapses Initial certification or AOC renewal to be based on new rules if likely not completed before end of opt-out period. 31 Grandfathering Grandfathering of EU-OPS AOC Grandfathering. AOC issued in accordance with EU-OPS are deemed to be compliant with the new regulation. Differences between EU-OPS and new rules. During opt-out phase adaptation of operator’s management system, training programmes, procedures and manuals. New AOC format. To be issued when the operator is fully compliant. 32 Conversion of AOC Conversion of JAR-OPS 3 AOC MS to establish conversion report describing; the national requirements on the basis of which the AOCs were issued, the scope of privileges that were given to the operators, the differences between the national requirements and the new rules, how and when the operators will be required to ensure full compliance with new rules. New AOC. To be issued when the operator is fully compliant. 33 Outline European aviation rules OPS rule structure and rule development Drafting principles for OPS rules Overview “Cover Regulation” Implementation Entry into force Transitioning Grandfathering Conversion of AOC Flight Time Limitations 34 Flight Time Limitations “My mind clicks on and off…I try letting one eyelid close at a time while I prop the other open with my will. But the effort’s too much. Sleep is winning. My whole body argues dully that nothing, nothing life can attain, is quite so desirable as sleep.” Charles Lindbergh, describing the fatigue that struck him nine hours into his 33-hour solo Atlantic crossing. 35 From intuition to science Scientific concept Subjective experience Perception influences behaviour Fatigue Everybody has the feeling to be an expert Linked to physiological mechanisms Perception of fatigue linked to psychological, social, cultural factors 36 Circadian Cumulative sleep debt Time awake Fatigue FATIGUE FACTORS Amount of recent sleep Time on task 37 FTL – Background Regulation 1899/2006 (EU-OPS) Present • • Recital 7: Non-regression clause • Recital 11: MS may apply more stringent FTL • Art. 8(4): Areas not covered by Subpart Q Regulation 216/2008 (Basic Regulation) Art. 22(2): • EASA shall issue CS and IR including substantive Subpart Q provisions Future • 38 FTL – Article 8(4) Provisions OPS 1.1105 point 6 – extended FDP (split duty); OPS 1.1110 point 1.3 rest compensating time zone differences; OPS 1.1110 point 1.4.1 –reduced rest arrangements; OPS 1.1115 – extension of flight duty period due to in-flight rest; and OPS 1.1125 point 2.1 – other forms of standby. 39 Subpart Q vs. Opinion 04/2012 Item Cumulative limits FDP Rest Q 60h duty/7 days 190h duty/28 days EASA FTL 100h block/28 days 900h block/calendar year 60h duty/7 days 110h duty/14 days 190h duty/28 days 100h flight/28 days 900h flight/calendar year 1000h flight/12 month 13h day / 11h night -30min 3rd – 6th sector Extension night 11:45h 13h day / 11h night -30min 3rd sector – 9h No extension night = + + 12h or duty home base 10h or duty away 36h 2 local nights 12h or duty home base 10h or duty away 36h 2 local nights 48h 2x/months No 2nd local night exception Disruptive schedules rest = = = + + + 2nd local night exception ++ 40 Key safety improvements (1) • Harmonised standards General Home base Cumulative fatigue • Single airport location • Additional rest upon change of home base • Improved extended recovery rest • Compensation for disruptive schedules 41 Key safety improvements (2) FDP • Extended time window for night restrictions • No extensions during night hours • In-flight rest extension based on high quality of in-flight rest facilities • ‘Cap’ on combined duration of airport standby and FDP • Other standby limited to 16 hours, FDP reduced after 8 hours Standby • Minimum rest after standby, 25% count as duty FRM • Mandatory fatigue management training • Operator responsibilities 42 CRD Opinion (or Decision if only CS) Decision after Opinion 2013 Quarter 3 2014 Quarter 1 2015 Quarter 1 One year later 2012 21 August 2014 Quarter 1 2014 Quarter 3 2015 Quarter 3 One year later 2013 Quarter 3 2015 Quarter 1 2015 Quarter 3 2016 Quarter 3 One year later Publication dates TOR NPA A&H EMS RMT.0346 2012 18 April A Air Taxi RMT.0429 H Other CAT ops by H RMT.0430 16 January 2013 Oslo workshop 43 Regulations 1178/2011 & 290/2012 ‘Air Crew’ Outline “Air Crew” Rule structure Overview “Cover Regulation” LAPL – PPL – SPL – BPL Examiners Current developments Rulemaking Tasks BASA CQB Medical Requirements 45 Outline “Air Crew” Rule structure Overview “Cover Regulation” LAPL – PPL – SPL – BPL Examiners Current developments Rulemaking Tasks BASA CQB Medical Requirements 46 Rule Structure Basic Regulation Airworthines s Regulation Initial airworthines s Regulation Continuing airworthines s Flight Standards ATM/ANS Aeordromes Regulation Regulation Regulation Air crew ATCO ADR Regulation Air operations Regulation SERA Regulation Regulation TCO AUR ADR: Aerodromes ATCO: licensing and medical certification of air traffic controllers AUR: common airspace usage requirements and operating procedures SERA: Standardised European Rules of the Air Regulation ATM/ANS Systems 47 Regulation on Aircrew Basic Regulation Commission Regulation (EU) 1178/2011 published in November Regulation Aircrew Annex I Part-FCL Contains Cover Regulation, Annexes I – IV Decisions published in December (AMC and GM) Annex III Licences of non-EU states Annex II Conversion of national licences Annex IV Part-MED Annex V Annex VI Part-CC Part-ARA Annex VII Part-ORA 48 Regulation on Aircrew Basic Regulation Commission Regulation (EU) 290/2012 published as amending regulation Regulation Aircrew Annex I Decisions published in April (AMC and GM) Part-FCL Annex III Licences of non-EU states Structure and content of first 12 articles has been changed by the amending regulation Contains Cover Regulation, Annexes V – VII Annex II Conversion of national licences Annex IV Part-MED Annex V Annex VI Part-CC Part-ARA Annex VII Part-ORA 49 Outline “Air Crew” Rule structure Overview “Cover Regulation” LAPL – PPL – SPL – BPL Examiners Current developments Rulemaking Tasks BASA CQB Medical Requirements 50 Aircrew Regulation Cover Regulation (1178/2011 and 290/2012) Annex I Part-FCL Annex III Acceptance of TC licences Annex VI Part-ARA Annex II Conversion of national licences Annex IV Part-Medical Annex VII Part-ORA Annex V Part-Cabin Crew 51 Cover Regulation Article Title 1 Subject matter 2 Definitions 3 Pilot licensing and medical certification 4 Existing national pilots’ licences 5 Medical certificates & AME certificates 6 Conversion of flight test qualifications 7 Existing flight engineers’ licences 8 Acceptance of third country licences 9 Credit for training commenced prior to the application of the Aircrew regulation 52 Cover Regulation Article Title 10 Credit for military licences 10a Pilot training organisations 10b FSTDs 10c AeMCs 11 Cabin crew medical fitness 11a CC qualifications and related attestations 11b Oversight capabilities 11c Transistional measures 12* Entry into force and application * Also Article 2 of the Reg. 290/2012 53 Articles Article 1 - Subject matter 1. Pilots‘ licences 2. Certification of instructors and examiners 3. Medical certificates for pilots 4. Certification of AMEs 5. CC medical 6. CC attestations 7. ATOs, AeMCs 8. FSTD certification 9. Authority and organisation requirements 54 Articles Article 2 Definitions 1. Here you will find all definitions related to the cover regulation. 2. All annexes will have their proper chapter for definitions related to them. 55 Articles Article 3 Pilot licensing and medical certification Reference how to comply with articles 4 and 7 of Regulation (EC) No 216/2008 56 Articles Article 4 Existing national pilots‘ licences 1. JAR compliant licences 2. Conversion of non-JAR-compliant licences 3. Annex II or conversion report 4. Content of the conversion report 5. Documents to be attached to the CR 6. CRI – TRI conversion for SP HP complex (A) instructors and examiners 7. Special conditions for student pilots for LAPL 57 Articles Article 5 Existing national pilots‘ medical certificates and AME certificates 1. JAR compliant medicals 2. Replacement of pilots‘ medicals and AMEs’ certificates 3. Non JAR compliant medicals and AME certificates 4. Revalidation of medicals 58 Articles Article 6 Conversion of flight test qualifications 1. Conversion of category 1 and 2 flight test qualifications 2. Conversion report 59 Articles Article 7 Existing national flight engineers‘ licences 1. Conversion of ICAO Annex 1 flight engineer licences 2. Conversion report 3. Credit for ATPL(A) 60 Articles Article 8 Acceptance of 3rd country licences 1. Acceptance in accordance with Annex III 2. Credit for ICAO Annex 1 licences holders 3. ATO recommendation 4. Specific credit for ATPL holders 5. (A) or (H) type ratings obtained in accordance with 3rd country rules 61 Articles Article 9 Credit for training commenced prior to the application of this Regulation 1. Training in accordance with JAR-FCL 2. Training in accordance with ICAO Annex 1 3. Credit report 62 Articles Article 10 Credit for military licences 1. Apply to the Member State where served 2. Credit in accordance with a credit report 3. Content of the credit report 63 Articles Article 10a ATOs Article 10b FSTDs Article 10c AeMCs 64 Articles Article 11 CC Medical Article 11a CC qualifications and attestations Article 11b Oversight capabilities Article 11c Transitional measures (organisations) 65 Article 12 - Deadlines 08/04/2014 08/04/2012 08/04/2013 Aircrew regulation applicable General derogation period ends Derogation period ends for: - Non JAR licences to EU licences - ARA ORA for non JAR ATOs and AeMCs - Validation or conversion of 3rd c.l. non commercial - Cabin Crew Medical Requirements - ORA for FSTDs outside ATOs or AOCs 66 Article 12 – Deadlines 08/04/2018 08/04/2015 08/04/2017 Derogation period ends for: - PL, As, B, S - LAPL - Add. Ratings - MCCI(H) - MI, FTI - CC - ATOs LAPL, PPL, BPL, SPL - ATOs flight test rating - CC H - LAPL Medical Latest date for replacement of: - JAR ATOs (Article 10a) - AeMCs (Article 10c) - FSTD certificates (Article 10b) - CC attestations (Article 11a) Latest date for replacement of JAR FCL licences with EU licences (Article 1 of Reg. 290/ 2012) - JAR-FCL medicals (Article 5) - JAR-FCL AME certificates (Article 5) 67 Outline “Air Crew” Rule structure Overview “Cover Regulation” LAPL – PPL – SPL – BPL Examiners Current developments Rulemaking Tasks BASA CQB Medical Requirements 68 Light Aircraft Pilot License LAPL(H) LAPL(A) LAPL(S) TMG TMG LAPL(B) 69 Light Aircraft Pilot Licence LAPL(A) 2t MTOM, single-engine piston land & TMG At least 30 hours training Crediting for prior experience Theoretical knowledge as for PPL Separate skill test form Lower medical requirements (GMP) 70 Light Aircraft Pilot Licence LAPL(A) Revalidation ? Recency ? Where can I find this ? See Part-FCL: FCL.140.A 71 PPL - SPL - BPL PPL(As) • • • • • • EU only noncommercial LAPL „medical“ max. 2t MTOM 0/3 passengers max. 3400m³ PPL(H) PPL(A) credits credits LAPL(H) LAPL(A) SEP land & TMG TMG SPL credits TMG LAPL(S) Sailplane BPL credits LAPL(B) credits 72 PPL – SPL - BPL Subpart C PPL(A) & (H) & (As) – SPL - BPL PPL(A) & (H) - JAR-FCL transfer PPL(As) new SPL – as LAPL(S) (but Class II medical) BPL – as LAPL(B) (but Class II medical) 73 Subpart C Section 1 Common requirements Minimum age PPL – 17 years BPL and SPL – 16 years Training course in an ATO TK examination (common & specific subjects) Skill test 74 Subpart C PPL(A) – Section 2 Specific requirements FCL.205.A Privileges - ICAO wording but „may receive remuneration“ for instructors and examiners (also PPL(H), PPL(As), SPL and BPL) Experience & crediting like in the JARs LAPL(A) „upgrade“ LAPL(S) & TMG: „specific upgrade“ 75 Subpart C SPL - BPL Specific requirements SPL & BPL similar as for LAPL Commercial privilege added Groups for balloons introduced Balloon classes specified in AMC1 FCL.135.B; FCL.225.B 76 Outline “Air Crew” Rule structure Overview “Cover Regulation” LAPL – PPL – SPL – BPL Examiners Current developments Rulemaking Tasks BASA CQB Medical Requirements 77 Subpart K - Examiners Hold the same licence, rating and instructor rating or certificate for which they take examinations Act as PIC Theoretical knowledge Assessment of competence Valid for 3 years Special authorisation for revalidation endorsements on the licence Subpart K Examiners 78 Examiners Major differences to JAR-FCL Part-FCL examiner holds a certificate instead of an authorisation increased liability issues for examiner – it is advised to have a ‘professional indemnity’ insurance. If examiner licence issued by MS 1, applicant’s licence issued by MS 2 the examiner must: pre-notify the competent authority of the licence holder receive a briefing from the competent authority of the licence holder on national admin procedures, requirements for protection of personal data, liability, accident insurance and fees 79 Examiners Major differences to JAR-FCL - continued TRE conducts test/check for SP HPA complex aeroplane type ratings CRE’s perform test/check for class and type ratings for single pilot aeroplanes, except SP HPA complex aeroplanes • Authorities are no longer able to refuse a Part-FCL certified examiner, who complies with the requirements. 80 Outline “Air Crew” Rule structure Overview “Cover Regulation” LAPL – PPL – SPL – BPL Examiners Current developments Rulemaking Tasks BASA CQB Medical Requirements 81 Current & Future RM tasks FCL.002 Updating Part-FCL On-going and active Part-FCL learning objectives are based on JAR LO’s, references will be updated Timetable: NPA published 4th quarter 2013 82 Rulemaking task FCL.002 Flight examiner manual Development of a new “Flight Examiner Manual” Will contain guidance for conduct of skill test/proficiency check “Manual” will cover all relevant aircraft categories (aeroplane, helicopter, sailplane, airship, etc.) 83 Rulemaking task FCL.002 Flight examiner manual continued.. Inclusion of Threat and Error Management Envisaged to be an AMC to Part-FCL appendices The publication of the NPA is planned for quarter 04/2013, the CRD is planned to be published in quarter 02/2014, the Opinion in quarter 03/2014 and the Decision by the end of 2014. 84 Current & Future RM tasks FCL.008 Qualifications for flying in IMC CRD passed external consultation, next the Opinion will be published Proposes new ratings for en-route IFR flying and sailplane cloud flying Proposes competency based training for IR(A) 85 Current & Future RM tasks FCL.013 Updating Part-ARA and Part-ORA Reviewing and clarifying text, adding certificate forms, etc. Licence endorsement list is part of this task FCL.014 AMC/GM material for non-complex ATOs Agency task Experts from general aviation organisations also participating 86 Current & Future RM tasks FCL.004 Cruise relief pilot At the moment only few requirements in PartFCL EASA committee asked EASA to study this matter further to solidify the safety assessment in this regard and to include an analysis of operational experience As the safety recommendation published by the BEA Final Report refers to the role of cruise relief captain, it was added to the task and will also be examined Also OPS regulations will be reviewed 87 Current & Future RM tasks RMT.0581 & .0582 Loss of control avoidance and recovery training Taking into account the deliverables of the ICAO LOCART WG and ICATEE WG, this rulemaking task reviews the following aspects for initial, type and recurrent training: manual aircraft handling of approach to stall and stall recovery (including at high altitude) 88 Current & Future RM tasks Loss of control avoidance continued.. • Other items to be addressed: • Training of aircraft configuration laws • Recurrent training on flight mechanics • Training scenarios including the effect of surprise • Affected rules: Part-FCL, Part-ORO, Part-ORA, CS-FCD, CS-SIM • Working method: group • Start: 2013, opinion 2016, decision 2017 89 BASA Bilateral Aviation Safety Agreement Agreement between the US and the EU on cooperation in the regulation of civil aviation safety Objective of the agreement Enable reciprocal acceptance, as provided in its Annexes, of findings of compliance and approvals issued by the FAA, EASA and EU NAAs Is based on systems that produce equivalent results, though processes and procedures may be different 90 BASA The structure of the Agreement has three levels: Level 1 (Executive Agreement) and Level 2 (Annexes) are concluded by the EU and US and have a binding nature of a Treaty Level 3 includes Technical Implementation Procedures 91 BASA Three subparts: FSTDs ATOs Licensing at the moment including PPL(A) and IR(A) regulatory comparison in progress 92 ECQB European Central Question Bank - Required for MPL, CPL, ATPL and IR Database is based on JAA CQB About 240 new questions Totals approximately 10250 questions Multiple-choice questions 500 annexes to the questions Timetable: released by the end September 2012 Secured website (maintained by LPLUS) Will be available only to authorities 93 Outline “Air Crew” Rule structure Overview “Cover Regulation” LAPL – PPL – SPL – BPL Examiners Current developments Rulemaking Tasks BASA CQB Medical Requirements 94 General Medical rules in Regulation Aircrew address Pilots Cabin crew Aero-medical examiners (AME) Aero-medical centres (AeMC) General medical practitioners (GMP) Occupational health physicians (OHMP) Competent authorities 95 Regulation Aircrew Regulation 1178/2011 Regulation 290/2012 Annex I Part FCL Annex IV Part Medical Annex VI Part ARA Annex II Conversion of national licences Annex V Part Cabin Crew Annex VII Part ORA Annex III Acceptance of TC licences 96 Regulation Aircrew – Medical aspects in Regulation 1178/2011 Regulation 290/2012 Annex I Part FCL Annex IV Part Medical Annex VI Part ARA Annex II Conversion of national licences Annex V Part Cabin Crew Annex VII Part ORA Annex III Acceptance of TC licences 97 Regulation Aircrew – Annex IV 1178/2011 Aircrew Regulation Annex IV - Part Medical Subpart A General Rules Subpart B Medical Rules Pilots Subpart C Medical Rules Cabin Crew Acceptable Means of Compliance & GM Subpart D AMEs, OHMPs 98 Medical Certificate (Annex IV, Subpart A) Medical certificate to be issued by Class 1, initial issue Aero-medical Centre Class 1, revalidation AeMC or AME with class 1 privileges Class 2, all certificates AeMC or AME with class 2 privileges LAPL AME or AeMC GMP where permitted under national law 99 Medical requirements (Annex IV, Subpart B) Based on JAR-FCL 3 Commercial pilots (class 1) Private pilots(class 2) Rules and AMCs are ICAO Annex 1 compliant New Light aircraft pilot licence (LAPL) All specific medical requirements are in AMCs Lower standard than ICAO Annex 1 100 Cabin Crew (Annex IV Subpart C) Medical requirements for cabin crew to assess whether cabin crew members are medically fit to perform their cabin crew duties safely are relatively flexible and mainly in AMCs The Medical Report, containing the assessment result, will be issued by an AME or AeMC OHMP if possible under the national occupational health system 101 AME Certificate (Subpart D) Preconditions Fully qualified in medicine, specialist training completed Basic training course in aviation medicine for class 2 privileges Advanced training course in aviation medicine for extension of privileges to class 1 Adequate facilities to conduct aero-medical examinations Procedures in place to ensure medical confidentiality 102 Authority Requirements Based on the JAA JIPs Contain the rules for the Medical Assessor (qualification, obligations, medical confidentiality) certification of AMEs and AeMCs by the authority forms/documentation certificates (IRs) application and Examination forms (AMCs) forms for examinations at larger intervals (GM) 103 Organisation Requirements Aero-medical centres are considered to be Organisations The AeMC certificate is of unlimited duration Part-ORA requires AeMCs to establish, implement and maintain a management system In addition, AeMCs have to comply with personnel requirements medical facility requirements specific record keeping requirements (data protection) 104 Transition to European Rules Cabin Crew Med CC: 08.04.14 LAPL Medical LAPL: 08.04.15 GMP / OHMP National law AME/AeMC certificates Replace by 08.04.17 105 Flight Standards Department Any Questions? 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