13 september 2007czech republic a concept for better regulation in general aviation part-m workshop...

13 September 2007 Czech Republic

A concept for better regulation in general aviation

Part-M Workshop “Revised Part-M requirements for

aircraft not involved in commercial air transport.”

Juan Anton

13 September 2007 A concept for better regulation in general aviation Slide 2

European Aviation Safety Agency

Contents of the presentation

General presentation of the A-NPAUseful definitions in the context of the A-NPABackgroundWorking method




The concept: state of play in general aviationThe concept: principlesThe concept: descriptionThe concept: discussion points




The next stepsSummary and conclusionsAttachment 1:

EASA: general

Attachment 2: The concept: discussion points



General presentation of the A-NPA

An A-NPA is a tool to gather views before starting actual rulemakingA-NPA 14-2006:

Published on 16 August 2006Open for comments until 16 October 2006

Structure of the A-NPA:Main body describing the conceptAppendix providing useful links relative to industry standards5 attachments: 4 Regulatory Impact Assessments and one list of studies used.



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;




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;




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.



Background

Legislative proposal to extend the EASA scope (COM (2005) 579):

Propose the creation of a new pilot licencePropose ‘general operating rules’

Contacts with general Aviation stakeholders and National Authorities:

Show that a full review of airworthiness regulations was urgently needed.



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.



The concept: state of play in general aviation

Outline of the General Aviation:80000 aircraft; 300000 pilots excluding Annex IIOnly 25% of the USADecline 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 everythingBefore embarking on relaxation of regulatory framework, need to look at safety data




Safety data:Major fatality risks are CFIT and loss of controlDesign related failures very lowHuman performance and weather are contributing factorsIncapacitation marginalThird party risk not statistically significant




Conventionally regulated sector versus less regulated sector:

Do not show significant differenceCAA General Aviation regulatory review identify some difference but recommend further study




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 risksDesire 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



The concept: principles

Proportionality:Level of regulation appropriate and proportionate to riskGeneral aviation well informed of risk justify lower level of regulationTarget regulation to bring greater safety benefits

Participation:Bringing regulation closer to stakeholders makes them more responsible



The concept: description

Initial Airworthiness:No change proposed for aircraft above 2000Kg3 options for aircraft below 2000Kg

Relaxation of the current system Industry monitoring Industry monitoring with self declaration (below 750 kg)




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 AviationEstablishing new privileges for approved maintenance organisations.




Air operations:Develop a set of light implementing rules and acceptable means of compliance




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.



The concept discussion points

7 questions were asked to help defining the follow-up of the concept.They are detailed in Attachment 2



The next steps

Comment response document:3200 replies generating more than 7250 commentsCRD to be published July 2007



The next steps

Initial Airworthiness:MDM.032 group draft the NPA reflecting option 1 of the A-NPA: Target date for NPA publication: July-August 2007

Simplification of present Part 21 for aircraft below 2000 Kg maximum take-off mass (MTOM):

Alternative procedures for DOA between 1000 and 2000kg

Combined design, production and maintenance approval

European new light aircraft categories: simplified certification system for all aircraft below 1000kg MTOM except Very Light Rotorcraft:

Demonstration of capability done via certification programme

Rely on Qualified Entities Simplified subpart-G for production Possibility to use Industry standards when found

acceptable.



The next steps

Continuing airworthiness: Option 1 (adjusting Part-M and creating a new

level of licence for maintenance engineers in charge of general aviation) seems supported:

Tasks performed by another group (M.017) in close coordination with MDM.032Comments received have been passed to them for their considerationNo light Part-M but around 40 modifications to Part-M are proposedNPA for Part-M issued on 25 June. NPA also include the work on pilot-owner maintenance (M.005). NPA for Part-66 scheduled for 3rd quarter 2007



The next steps

LicensingNew private pilot licence:

Sub-group created 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.

Target date for the elements of an NPA: July 2007



The next steps

Operations:General operating rules:

Below 2000KG: no implementing rule but direct implementation of essential requirements except for equipment and fuel reservesAbove 2000kg: Implementing Rules (OPS-0)Target date for elements of an NPA: July 2007



The next steps

Administrative actions: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:

TOR and composition of the groups are published

EASA to inform the GA Community by putting a message on the web-site :

Done



Summary and conclusions

Comprehensive conceptImportant rulemaking activitiesStill significant amount of work to do!Thank you for your attention:

Questions are welcome



Attachment 1

EASA general



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 EuropeBasic principles for Aviation safety and essential requirements to be complied by aircraft, products and partsA clear sharing of roles between the Agency, the Member States and the CommissionDefine the Agency and its tasks: e.g. issues Type Certificates for Aircraft.



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 (Late 2007/early 2008 and implementing rules end 2008/ early 2009)

Ultimately it could also cover the safety regulation of airport operations (2011) and air traffic control services (2012)



EASA: present regulations structure

Guidance Material

Part 21

Regulation (EC) 2042/2003on Continuing Airworthiness

Annex I (Part-M):Continuing Airworthiness Requirements

Annex II (Part-145): Maintenance Organisation Approvals

Annex III (Part-66):Certifying Staff

Annex IV (Part-147):Training Organisation Requirements

Annex (Part 21)

Section A: Technical Requirements

Section B: administrative Procedures

CertificationSpecifications

AMC 20AMC 21CS 25CS 34CS 36CS ECS PCS APU

CS 22CS 23CS 27CS 29CS VLACS VLR

CS AWOCS ETSOCS Definitions

Section A: Application Requirements

Section B: Administrative Procedures

Appendices: EASA forms

Appendices: EASA forms

Basic RegulationRegulation (EC) 1592/2002 of 15 July 2002

EASA

European Commission

AgencyOpinion

AgencyOpinion

Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification

AgencyCS ,

AMC & GM

Annex I : Essential Requirements for Airworthiness

Annex II : Excluded Aircraft

AMC & Guidance Material

Part M, 145,66,147

Parliament and Council



Attachment 2

The concept: discussion points




General questions:General balance of the conceptPossibility to use assessment bodies:

Certificate they issue is the official certificate Need to be approved by EASA or Authority Examples already exist Liability issue




Initial airworthiness:The Agency believe that the options called ‘Industry monitoring’ and ‘Industry monitoring with self declaration (below 750 kg)’ are more promisingComments welcome on which option to follow and on in that context on weight limits




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?




Air operations:Contents of ‘light’ implementing rules are still to be definedComments are requested on the contents of the ‘light’ implementing rules




Pilot Licensing:Proposed contents and privileges are very ambitiousOpinion 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.




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 stageComments are requested on the possibility to remove certain aircraft from Annex II if the proposed concepts were implemented.

13 september 2007czech republic a concept for better regulation in general aviation part-m workshop...

Documents

general aviation slide

npa general aviation

general aviation stakeholders

general aviation outline

aviation community

safety regulation

better regulation

customer slide