A concept for better regulation in general aviation

1. 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 Frederic Knecht

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 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 14-2006: • 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. 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. 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; 300000 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 • 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

18. 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

19. 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

20. 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

21. The next steps • Comment response document: • 3200 replies generating more than 7250 comments • CRD to be published July 2007 A concept for better regulation in general aviation

22. 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. A concept for better regulation in general aviation

23. 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.032 • Comments received have been passed to them for their consideration • No light Part-M but around 40 modifications to Part-M are proposed • NPA 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 A concept for better regulation in general aviation

24. The next steps • Licensing • New 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 A concept for better regulation in general aviation

25. The next steps • Operations: • General operating rules: • Below 2000KG: no implementing rule but direct implementation of essential requirements except for equipment and fuel reserves • Above 2000kg: Implementing Rules (OPS-0) • Target date for elements of an NPA: July 2007 A concept for better regulation in general aviation

26. 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 A concept for better regulation in general aviation

27. 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

28. Attachment 1 • EASA general A concept for better regulation in general aviation

29. 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

30. 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) A concept for better regulation in general aviation

31. EASA: present regulations structure Agency Opinion Annex I : Essential Requirements for Airworthiness Annex II : Excluded Aircraft Basic Regulation Regulation (EC) 1592/2002 of 15 July 2002 Agency Opinion Regulation (EC) 1702/2003 on Airworthiness and Environmental Certification Regulation (EC) 2042/2003 on Continuing Airworthiness Annex I (Part-M): Continuing Airworthiness Requirements Section A: Technical Requirements Section B: Administrative Procedures Section A: Application Requirements Annex II (Part-145): Maintenance Organisation Approvals Appendices: EASA forms Section B: administrative Procedures Annex (Part 21) 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

32. Attachment 2 • The concept: discussion points A concept for better regulation in general aviation

33. 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

34. 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

35. 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

36. 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

37. 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

38. 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