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A concept for better regulation in general aviation

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1 A concept for better regulation in general aviation
Part-M and General Aviation workshop Cologne, 01 December 2006 Y Morier Cologne

2 Contents of the presentation
General presentation of the A-NPA Useful definitions in the context of the A-NPA Background Working method A concept for better regulation in general aviation

3 Contents of the presentation
The concept: state of play in general aviation The concept: principles The concept: description The concept: discussion points A concept for better regulation in general aviation

4 Contents of the presentation
The next steps Summary and conclusions Attachment 1: EASA: general Attachment 2: The concept: discussion points Attachment 3: the next steps scheduled by the original terms of reference A concept for better regulation in general aviation

5 General presentation of the A-NPA
An A-NPA is a tool to gather views before starting actual rulemaking A-NPA : Published on 16 August 2006 Open for comments until 16 October 2006 Structure of the A-NPA: Main body describing the concept Appendix providing useful links relative to industry standards 5 attachments: 4 Regulatory Impact Assessments and one list of studies used. A concept for better regulation in general aviation

6 Useful definitions in the context of the A-NPA
General aviation: means all non-commercial activities of aircraft other than complex-motor-powered aircraft Commercial activities: means a remunerated aeronautical activity covered by a contract between an operator and a customer, where the customer is not, directly or indirectly, an owner of the aircraft used for the purpose of this contract and the operator is not, directly or indirectly, an employee of the customer; A concept for better regulation in general aviation

7 Useful definitions in the context of the A-NPA
Complex-motor-powered aircraft means: (i) an aeroplane: with a maximum certificated take-off mass exceeding 5,700kg or; with a maximum approved passenger seating configuration of more than 9 or; certificated for operation with a minimum crew of at least 2 pilots or; equipped with (a) turbojet engine (s); or (ii) a helicopter: with a maximum certificated take-off mass exceeding 3,175kg or; with a maximum approved passenger seating configuration of more than 5 or; certificated for operation with a minimum crew of at least 2 pilots; or (iii) a tilt rotor aircraft; A concept for better regulation in general aviation

8 Useful definitions in the context of the A-NPA
Assessment body: means an approved body which may assess conformity of legal or natural persons with the rules established to ensure compliance with the essential requirements laid down in this Regulation and issue the related certificate. Industry standard: Standards established or published by an official body whether having legal personality or not, which are widely recognised (by consensus) by the aviation community as constituting good practices Important Note: These definitions are included into the legislative proposal to extend the EASA scope and were a given for the work. A concept for better regulation in general aviation

9 A concept for better regulation in general aviation
Background Legislative proposal to extend the EASA scope (COM (2005) 579): Propose the creation of a new pilot licence Propose ‘general operating rules’ Contacts with general Aviation stakeholders and National Authorities: Show that a full review of airworthiness regulations was urgently needed. A concept for better regulation in general aviation

10 A concept for better regulation in general aviation
Working method A rulemaking group was set-up: Composition: Europe-Air-sport; ECOGAS, IAOPA, National Authorities and EASA The approach taken by the group: Brainstorming beyond the limits of conventional approaches. Elaborate a complete concept by proposing and selecting options using regulatory impact assessments and a review of relevant studies. A concept for better regulation in general aviation

11 The concept: state of play in general aviation
Outline of the General Aviation: 80000 aircraft; pilots excluding Annex II Only 25% of the USA Decline except micro-lights Stakeholders feels that there is a correlation between heaviness of rules and level of activity: However safety regulation can not be blamed for everything Before embarking on relaxation of regulatory framework, need to look at safety data A concept for better regulation in general aviation

12 The concept: state of play in general aviation
Safety data: Major fatality risks are CFIT and loss of control Design related failures very low Human performance and weather are contributing factors Incapacitation marginal Third party risk not statistically significant A concept for better regulation in general aviation

13 The concept: state of play in general aviation
Conventionally regulated sector versus less regulated sector: Do not show significant difference CAA General Aviation regulatory review identify some difference but recommend further study A concept for better regulation in general aviation

14 The concept: state of play in general aviation
Conclusion from the state of play supports a new concept in the light of: The stagnating, difficult economic prospects of General Aviation in Europe The apparent growth of certain segments of General Aviation The nature and extent of the safety risks Desire of the stakeholders to ensure the continued existence, and hopefully growth The recognition that General Aviation forms an important part of the lives of many European citizens The general drive in the European Community to reduce the burden of regulation A concept for better regulation in general aviation

15 The concept: principles
Proportionality: Level of regulation appropriate and proportionate to risk General aviation well informed of risk justify lower level of regulation Target regulation to bring greater safety benefits Participation: Bringing regulation closer to stakeholders makes them more responsible A concept for better regulation in general aviation

16 The concept: description
Initial Airworthiness: No change proposed for aircraft above 2000Kg 3 options for aircraft below 2000Kg Relaxation of the current system Industry monitoring Industry monitoring with self declaration (below 750 kg) A concept for better regulation in general aviation

17 The concept: description
Initial Airworthiness below 2000kg Relaxation of the current system: differences with present system are: Design capability: simplified requirements, including the one-man organisation, to grant the current designer’s privileges, Basis for Type Certificate (TC) or Supplemental Type Certificate (STC): approved by EASA on the basis of a simplified Certification Specification adopted by EASA Approval of design changes and repairs: TC or STC holder independently of their nature (major or minor) Production capability: simplified requirements including the one-man organisation, to grant the current manufacturer’s privileges, Approval of Aircraft Flight Manual and Instructions for Continuing Airworthiness: TC or STC holder Activities relative to continuing airworthiness of design: TC or STC holder Body issuing Airworthiness directives: EASA in consultation with TC holder A concept for better regulation in general aviation

18 The concept: description
Initial Airworthiness below 2000kg: Industry monitoring: it differs from the current situation as follows: Design capability: compliance with an Industry Standard checked by an approved Assessment Body. Basis for Type Certificate: or Supplemental Type Certificate: defined by an approved designer using an Industry Standard Body issuing the TC: approved Assessment Body Certification basis for changes and repairs: TC or STC holder based on Industry Standard. Approval of design changes and repairs: TC or STC holder Production capability: compliance with an Industry Standard checked by an approved Assessment Body Body issuing Airworthiness directives: EASA or EASA following recommendation of an approved Assessment Body. A concept for better regulation in general aviation

19 The concept: description
Initial Airworthiness below 2000kg: Industry monitoring with self declaration (below 750 kg): differences with the previous option are: Body issuing the TC: approved designer Body issuing Airworthiness directives: EASA in consultation with TC holder A concept for better regulation in general aviation

20 The concept: description
Continuing airworthiness and maintenance: Adjusting Part-M to the need of aircraft other than complex-motor-powered-aircraft: If appropriate for ease of use, such revision of Part M could take the form of a specific stand alone “light Part M”. Creating a new level of licence for maintenance engineers in charge with General Aviation Establishing new privileges for approved maintenance organisations. A concept for better regulation in general aviation

21 The concept: description
Continuing airworthiness and maintenance: Adjusting Part-M? To extend pilot owner maintenance To allow the Airworthiness Review Certificate (ARC) to be issued by organisation approved in accordance with Part-M Subpart G (continuing airworthiness management organisation) or by Competent Authorities To study the possibility of using assessment bodies To review the Competent Authority concept To review Part-M Subpart B (accountability) To consider the possibility to have proportionate rules according to the mass and kind of aircraft To develop standard modifications and repairs (such as the Federal Aviation Administration Advisory Circular AC 43-13) To consider the use of industry standards A concept for better regulation in general aviation

22 The concept: description
Air operations: Develop a set of light implementing rules and acceptable means of compliance A concept for better regulation in general aviation

23 The concept: description
Pilot licensing: Create a European private pilot licence issued by Authorities or assessment bodies: covering the full scope of aircraft other founded on a stepwise approach and on competence based training. This licence would be built around a basic common licence to which ratings for different categories of aircraft, operations and specific authorisations would be attached, including simplified instrument rating and instructor rating. No arbitrary restrictions on access to airspace and airports built into the licensing rule. Medical requirements based on risk assessment and consideration to allowing general practitioners to issue medical certificates based for example on an assessment following a self-declaration signed by the pilot. ‘Commercial’ flying schools should have the possibility to train to RPPL. Finally a bridge with the standard FCL-PPL should be established. A concept for better regulation in general aviation

24 The concept discussion points
7 questions were asked to help defining the follow-up of the concept. They are detailed in Attachment 2 A concept for better regulation in general aviation

25 A concept for better regulation in general aviation
The next steps Comment response document: EASA to include the comments in the data-base and send the data-base to all group members: Early January Evaluation of the comments by the Group on January. Group to provide general guidance for the replies and define how to get organised to finalise the comment-response document. EASA to include replies to comments into the data-base and send to the group: April 2007. CRD to be published May 2007 A concept for better regulation in general aviation

26 A concept for better regulation in general aviation
The next steps Concept: Presentation of a refined table summing-up the general concept at January meeting A concept for better regulation in general aviation

27 A concept for better regulation in general aviation
The next steps Initial Airworthiness: MDM.032 group draft the NPA reflecting option 1 of the A-NPA. Start activity: January Target date for NPA publication: June 2007 Group develop concept for European new light aircraft categories: to be presented at the January meeting. Elements for NPA: June 2007 Evaluate the need for a modification of Basic regulation 1592/2002. It will not be possible to meet the original schedule for the opinion (March 2007). Target date: January meeting. A concept for better regulation in general aviation

28 A concept for better regulation in general aviation
The next steps Continuing airworthiness: M017 continues to draft the NPA as planned (March 2007) as option 1 seems supported. Need for MDM.032 group to evaluate the replies to question 4 of A-NPA to provide further guidance to M.017 as appropriate before their January meeting. A concept for better regulation in general aviation

29 A concept for better regulation in general aviation
The next steps Operations and pilot licensing: Regulatory requirements for the recreational private pilot licence; Create a sub-group to draft the elements for an NPA for a New PPL aiming at initially below 2000kg (MTOM to be refined depending of aircraft category) and addressing medical requirements in a first phase. In a second phase adjust requirements based on weight criteria agreed by the legislator and define how medical requirements are assessed. Start activity: January Target date for the elements of an NPA: July 2007 Regulatory requirements for general operating rules; EASA drafts the elements for an NPA based on guidelines given by the group at it January meeting. Start activity: January Target date for elements of an NPA: July 2007 A concept for better regulation in general aviation

30 A concept for better regulation in general aviation
The next steps Administrative actions: Sent revised TOR and TOR for FCL and OPS to AGNA and SSCC for information/ comments and ask for nominations from AGNA and SSCC for the FCL sub-group: EASA as soon as possible EASA to inform the GA Community by putting a message on the web-site A concept for better regulation in general aviation

31 Summary and conclusions
Comprehensive concept Important rulemaking activities Still significant amount of work to do! Thank you for your attention: Questions are welcome A concept for better regulation in general aviation

32 A concept for better regulation in general aviation
Attachment 1 EASA general A concept for better regulation in general aviation

33 A concept for better regulation in general aviation
EASA: general EASA is an European Union Agency Based in Cologne (Germany) It is established by EU regulation 1592/2002 that defines: Objectives: principal objective is to establish and maintain a high uniform level of civil aviation safety in Europe Basic principles for Aviation safety and essential requirements to be complied by aircraft, products and parts A clear sharing of roles between the Agency, the Member States and the Commission Define the Agency and its tasks: e.g. issues Type Certificates for Aircraft. A concept for better regulation in general aviation DGINT/2

34 A concept for better regulation in general aviation
EASA: remit Currently the Regulation 1592/2002 establishes Community competency only for the regulation of the airworthiness and environmental compatibility of products Work is being done to extend the scope of this regulation to air operations and flight crew licensing (Fall 2007 and implementing rules end 2008) Ultimately it could also cover the safety regulation of airport operations (2009) and air traffic control services (2010) A concept for better regulation in general aviation DGINT/2

35 EASA: present regulations structure
Basic Regulation Regulation (EC) 1592/2002 of 15 July 2002 Annex I : Essential Requirements for Airworthiness Annex II : Excluded Aircraft Agency Opinion Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification Regulation (EC) 2042/2003 on Continuing Airworthiness Agency Opinion Annex I (Part-M): Continuing Airworthiness Requirements Section A: Technical Requirements Section A: Application Requirements Section B: Administrative Procedures Annex (Part 21) Section B: administrative Procedures Annex II (Part-145): Maintenance Organisation Approvals Appendices: EASA forms Appendices: EASA forms Annex III (Part-66): Certifying Staff Annex IV (Part-147): Training Organisation Requirements Guidance Material Part 21 Certification Specifications AMC & Guidance Material Part M, 145,66,147 Agency CS , AMC & GM AMC 20 AMC 21 CS 25 CS 34 CS 36 CS E CS P CS APU CS AWO CS ETSO CS Definitions CS 22 CS 23 CS 27 CS 29 CS VLA CS VLR Parliament and Council European Commission EASA A concept for better regulation in general aviation DGINT/2

36 A concept for better regulation in general aviation
Attachment 2 The concept: discussion points A concept for better regulation in general aviation

37 The concept: discussion points
General questions: General balance of the concept Possibility to use assessment bodies: Certificate they issue is the official certificate Need to be approved by EASA or Authority Examples already exist Liability issue A concept for better regulation in general aviation

38 The concept: discussion points
Initial airworthiness: The Agency believe that the options called ‘Industry monitoring’ and ‘Industry monitoring with self declaration (below 750 kg)’ are more promising Comments welcome on which option to follow and on in that context on weight limits A concept for better regulation in general aviation

39 The concept: discussion points
Continuing airworthiness and maintenance: Additional orientations are needed on specific points: Should assessment bodies be involved in the oversight of continuing airworthiness, such as ARCs’ renewal; What should be the role of NAAs in this field? Should continuing airworthiness requirements be adapted to the size/type of aircraft? How should this be done? Is it worth developing standards modifications and repairs that could be embodied without the need for further approvals? Which bodies should do so? Is it possible to develop Industry Standards to be used in continuing airworthiness processes? Which bodies should be in charge? A concept for better regulation in general aviation

40 The concept: discussion points
Air operations: Contents of ‘light’ implementing rules are still to be defined Comments are requested on the contents of the ‘light’ implementing rules A concept for better regulation in general aviation

41 The concept: discussion points
Pilot Licensing: Proposed contents and privileges are very ambitious Opinion of stakeholders is requested in particular on Type of aircraft and need for an upper limit Ratings that could be attached How to perform medical assessment and possible role of general practitioners. A concept for better regulation in general aviation

42 The concept: discussion points
Scope of common rule: In COM (2005) 579 the Commission expressed the view: that consideration should be given to aircraft with a low maximum take-off mass, with increased performance might be better regulated at Community level. No proposals to change Annex II at this stage Comments are requested on the possibility to remove certain aircraft from Annex II if the proposed concepts were implemented. A concept for better regulation in general aviation

43 A concept for better regulation in general aviation
Attachment 3 The next steps scheduled by the original terms of reference A concept for better regulation in general aviation

44 A concept for better regulation in general aviation
The next steps Airworthiness: An Opinion on amending regulation (EC) 1592/2002 to adjust as appropriate its airworthiness provisions: such rule should be issued by March 2007 following an accelerated consultation, so that the on-going negotiations on the Commission proposal referred to above can be used as much as possible. An NPA (Notice of Proposed Amendment) for an opinion on amending the current airworthiness implementing rules and their associated AMC as required to implement the amendment to Regulation (EC) 1592/2002 referred to here above: this should be ready by September 2007 and published at the same time that the above opinion to give full visibility on the amendment and its implications. A concept for better regulation in general aviation

45 A concept for better regulation in general aviation
The next steps Airworthiness: An Opinion on amending the current airworthiness implementing rules (1702/2003 and 2042/2003) to introduce changes that do not require the above adjustment of Regulation (EC) 1592/2002: such rule should be issued by March 2007 following an accelerated consultation so that the amendment can be adopted by the Commission sufficiently in advance of the full entry into force of these rules in the field of General Aviation by the end of 2008 and provide for enough time for the affected stakeholders to adapt. A concept for better regulation in general aviation

46 A concept for better regulation in general aviation
The next steps Operations and pilot licensing: Regulatory requirements for the recreational private pilot licence; this should be ready by September 2007 as an input to the development of the implementing rule of the extended Basic Regulation related to pilot licensing Regulatory requirements for general operating rules; this should be ready by September 2007 as an input to the development of the implementing rule of the extended Basic Regulation related to air operations A concept for better regulation in general aviation


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