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een System cw TTS Integrated Training System Module 10 Licence Category A, B1, B2 and B3 Aviation Legislation 10.1 Regulatory Framework Ty Integrated Training System Designed in association vath the club65pr0.co oe aid Copyright Notice © Copyright. All worldwide rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any other means whatsoever: i.e. photocopy, electronic, mechanical recording or otherwise without the prior written permission of Total Training Support Ltd. Knowledge Levels — Category A, B1, B2, B3 and C Aircraft Maintenance Licence Basic knowledge for categories A, 81, B2, B3 are indicated by the allocation of knowledge levels indicators (1, 2 or 3) against each applicable subject. Category C applicants must meet the appropriate category B basic knowledge levels. The knowledge level indicators are defined as follows: LEVEL 1 + Afamiliarisation withthe principal elements of the subject. Objectives ‘© The applicant should be familiar with the basic elements of the subject * The applicant should be able to give a simple description of the whole subject, using common words and examples. + The applicant should be able to use typical terms, LEVEL 2 ‘© Ageneral knowledge of the theoretical and practical aspects of the subject. + An ability to apply that knowledge. Objectives: * The applicant should be able to understand the theoretical fundamentals of the subject. * The applicant should be able to give a general description of the subject using, as appropriate, typical Sramples ; «The applicant shouldbe able to use mathematica formulae in conjunction wth physical laws describing the «The applicant shouldbe abl te read and understand sketches, cravings and schematics desrting the + Theappticant should bo abl apply his knowlege in a procticl manner sin detalod procedures LEVEL 3 ‘+ A detailed knowledge of the theoretical and practical aspects of the subject. + Acapacity to combine and apply the separate elements of knowledge in a logical and comprehensive manner. Objectives ‘+ The applicant should know the theory of the subject and interrelationships with other subjects ‘The applicant should be able to give a detailed description of the subject using theoretical fundamentals and specific examples. The applicant should understand and be able to use mathematical formulae related to the subject The applicant should be able to read, understand and prepare sketches, simple drawings and schematics describing the subject. ‘+The applicant should be able to apply his knowledge in a practical manner using manufacturer's instructions. ‘+ The applicant should be able to interpret results from various sources and measurements and apply corrective action where appropriate. 1-2 Module 10.1 Regulatory Framework TTS Integrates Training System © Copytight 2012 Integrated Training System tthe Table of Contents Module 10.1 Regulatory Framework International Civil Aviation Authority (ICAO) ICAO Aims and Objectives How it Works The International Standards. European Aviation Safety Agency (EASA) Purpose of EASA EASA Structure Aircraft Regulated by EASA Excluded Aircraft Membership of EASA, Relationships with Other Organizations Principle EASA Regulations Role of the Member States Civil Aviation Act 1982 The Air Navigation Order 2005 British Civil Airworthiness Requirements (BCAR) CAA Relevant Publications Civil Aviation Authority - Safety Regulation Group (SRG) Relationship between EASA and the CAA. Regulation 2042/2003 and the Relationship between its Parts and Others Management of Airworthiness (Part M) Acronyms and Abbreviations Worksheet 10.1 Onan ~ 14 15 16 16 17 17 18 24 21 22 23 24 24 26 27 28 29 34 Module 10.1 Regulatory Framework “TTS Integrated Training System © Copyright 2012 1-3 1-4 Integrated Training System cuvespls com gueston poco Intentionally Blank Module 10.1 Regulatory Framework TTS integrated Training System ‘© Copyright 2012 Integrated Training System Module 10.1 Enabling Objectives and Certification Statement Certification Statement These Study Notes comply with the syllabus of EASA Regulation (EC) No.2042/2003 Annex III (Part-66) Appendix |, as amended by Regulation (EC) No.1149/2011, and the associated Knowledge Levels as specified below: Part 66 Level ee Reference [A_| B1 | B2 | B3 Role of international Civil Aviation Organisation; 10.1 71 p1yt Role of the European Commission; Role of EASA; Role of the Member States and National Aviation Authorities; | Regulation (EC) No 216/2008 and its implementing rules Regulation (EC) No 1702/2003 and (EC) No 2042/2003; Relationship between the various Annexes (Parts) such as Part-21, Part-M, Part-145, Part-66, Part-147 and EU-OPS. Module 10.1 Regulatory Framework. TTS Integrated Training System © Copyright 2012 45 1-6 Integrated Training System ciiion wath the ion practice aid Intentionally Blank Module 10.1 Regulatory Framework TTS Integrated Training System ‘© Copyriaht 2012 Module 10.1 Regulatory Framework References Airworthiness by Filippo De Florio ISBN 0-7506-5015-X CAP 562 (CAAIPs) Book 1 Chapter A and Chapter B EASA Regulation (EC) No.216/2008 EASA Regulation (EC) No.1702/2003 EASA Regulation (EC) No.2043/2003 EASA Regulation (EC) No.1149/2011 http:/Avww. icao int http: /www.easa europa.eu http:/Avww.caa.co.uk http:/ x. CUTODA.eU International Civil Aviation Authority (ICAO) After the Second World War international air travel was in its infancy, however technological development was moving at a rapid pace, not least because of the development of the Gas Turbine Engine. The opportunity to transport many persons across long distances was becoming a reality, but there were no common standards between countries. Figure 1.1: The ICAO Headquarters in Montreal, Canada The American Government recognised this fact and brought together the allied nations in 1944 to discuss the issue. 52 of 55 invited nations attended these talks in Chicago in November 1944. The outcome of 5 weeks of discussion was the Convention on International Civil Aviation. The convention consists of a preface and 96 Articles. An organisation was needed to develop these articles and as a result the ICAO came into existence in 1947, based in Montreal Canada. The ICAO is one of the many Agencies of the United Nations (UN) Each member country of the ICAO is known as a ‘Contracting State’ due to their contractual commitment to the Chicago Convention Module 10.1 Regulatory Framework 17 TTS Integrated Training System © Copyright 2012 ICAO Aims and Objectives In promulgating safety and airworthiness information internationally, the aims and objectives of the ICAO are to develop the principles and techniques of inter-national air navigation and to foster the planning and development of international air transport so as to: 1. Ensure the safe and orderly growth of international civil aviation throughout the world. 2. Encourage the arts of aircraft design and operation for peaceful purposes. 3. Encourage the development of airways, airports and air navigation facilities for inter- national civil aviation. Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport. 4. Prevent economic waste caused by unreasonable competition. 5, Ensure that the rights of the Contracting States are fully respected and that every Contracting State has a fair opportunity to operate international airlines. 6. Avoid discrimination between Contracting States. 7. Promote safety of flight in international air navigation 8. Promote generally the development of all aspects of international civil aeronautics. How it Works The constitution of ICAO is the Convention on International Aviation, drawn up by a conference in Chicago in November and December 1944, and to which each ICAO Contracting State is a party. According to the terms of the Convention, the Organization is made up of an Assembly, a Council of limited membership with various subordinate bodies and a Secretariat. The chief officers. are the President of the Council and the Secretary General Figure 1.2: The ICAO Logo The Assembly, composed of representatives from all Contracting States, is the sovereign body of ICAO, It meets every three years, reviewing in detail the work of the Organization and setting policy for the coming years. It also votes a triennial budget. The Council, the governing body which is elected by the Assembly for a three-year term, is. composed of 36 States. The Assembly chooses the Council Member States under three headings: States of chief importance in air transport, States which make the largest contribution to the provision of facilities for air navigation, and States whose designation will ensure that all major areas of the world are represented, As the governing body, the Council gives continuing direction to the work of ICAO. Itis in the Council that Standards and Recommended Practices are adopted and incorporated as Annexes to the Convention on International Civil Aviation. The Council is assisted by the Air Navigation Commission (technical matters), the Air Transport Committee (economic matters), the Committee on Joint Support of Air Navigation Services and the Finance Committee. The Secretariat, headed by a Secretary General, is divided into five main divisions: the Air Navigation Bureau, the Air Transport Bureau, the Technical Co-operation Bureau, the Legal Bureau, and the Bureau of Administration and Services. In order that the work of the Secretariat shall reflect a truly intemational approach, professional personnel are recruited on a broad geographical basis 18 Module 10.1 Regulatory Framework TTS integrates Training System (@ Copyright 2012 Integrated Training System ow Designed in association withthe lubBpro.com question practic ICAO works in close co-operation with other members of the United Nations family such as the World Meteorological Organization, the International Telecommunication Union, the Universal Postal Union, the World Health Organization and the International Maritime Organization. Non- governmental organizations which also participate in ICAO’s work include the International Air Transport Association, the Airports Council International, the International Federation of Air Line Pilots' Associations, and the International Council of Aircraft Owner and Pilot Associations. The International Standards Since its creation the main achievement of ICAO has been to establish a set of standards in the operation of a safe, regular and efficient service. Standardisation has been achieved through the creation of 18 Annexes to the Convention, known as International Standards and Recommended Practices. The difference between the two is that a standard is essential and recommended practice is desirable. If a member state has a standard different from ICAO then it must inform ICAO of the difference. The 18 Annexes are described as follows: Annex1 Personnel Licensing - provides information on licensing of flight crews, air traffic controllers, and aircraft maintenance personnel, including medical standards for flight crews and air traffic controllers. Annex 2 + Rules of the Air - contains rules relating to visual and instrument-aided flight Annex3 Meteorological Service for International Air Navigation - provides meteorological services for international air navigation and reporting of meteorological observations from aircraft. Annex4 Aeronautical Charts - contains specifications for the aeronautical charts used in international aviation. : Annex5 Units of Measurement to be used in Air and Ground Operations - lists dimensional systems to be used in air and ground operations. Annex6 Operation of Aircraft - enumerates specifications to ensure a level of safety above a prescribed minimum in similar operations throughout the world. The three parts of this Annex are as follows - Part |. International Commercial Air Transport - Airplanes - Part Il. International General Aviation - Airplanes + Part Ill. International Operations - Helicopters Annex7 Aircraft Nationality and Registration Marks - specifies requirements for registration and identification of aircraft. Annex8 Airworthiness of Aircraft - specifies uniform procedures for certification and inspection of aircraft. Annex9 Facilitations - provides for the standardization and simplification of border crossing formalities. Annex 10 Aeronautical Telecommunications - Volume 1 provides for standardizing communications equipment and systems, Volume 2 standardizes communications Module 10.1 Regulatory Framework 1-9 TTS Integrated Tralning System © Copyright 2012 Tay’ Integrated Training System ccupéépro.com question pratce ais procedures, Annex 11 Air Traffic Services - includes information on establishing and operating ATC, flight information, and alerting services. Annex 12 Search and Rescue - provides information on organization and operation of facilities and services necessary for search and rescue (SAR). Annex 13 Aircraft Accident and Incident Investigation - provides for uniformity in notifying, investigating, and reporting on aircraft accidents. Annex 14 Aerodromes - contains specifications for the design and equipment of aerodromes. Annex 15 Aeronautical information Services - includes methods for collecting and disseminating aeronautical information required for flight operations. Annex 16 Environmental Protection - Volume 4 contains specifications for aircraft noise certification, noise monitoring, and noise exposure units for land-use planning, - Volume 2 contains specifications for aircraft engine emissions. Annex 17 Security - Safeguarding International Civil Aviation against Acts of Unlawful Interference - specifies methods for safeguarding intemational civil aviation against unlawful acts of interference. Annex 18 The Safe Transport of Dangerous Goods by Air - specifies requirements necessary to ensure hazardous materials are safely transported in aircraft while providing a level of safety that protects the aircraft and its occupants from undue risk, Because aeronautical technology is continuously developing, the Annexes are constantly reviewed and updated when necessary. The typical content of an Annex is based upon: 1. Standards intended as specifications when their application is considered as necessary for the safety and regularity of international air navigation. 2. Recommended practices intended as specifications when their application is considered as a recommendation in the interest of safety, regularity, and efficiency of international air navigation. 3. Appendices dealing with the preceding points. 4. Definitions of the used terminology The Contracting States have issued requirements not strictly copying the contents of the Annex, which essentially state some of the principles or objectives to attain. These national requirements contain the requirements used to reach the objectives. Furthermore, while the principles can remain the same, the requirements are often influenced by the state of the art (technical evolution, new technology, and acquired experience), and they are then likely to be improved and amended The applicable EASA airworthiness standards for the certification of aircraft to be internationally recognized are issued in accordance with the ICAO Annexes. Then, from a practical point of 1-40 Module 10.1 Regulatory Framework TTS Integrated Training System (© Copyright 2012 Integrated Training System Designed in association withthe clubetpro.com question practice eid view, the certification process is based on these airworthiness standards rather than (directly) on the ICAO International Standards. For the licensed engineer Annex 6 Operation of Aircraft, Annex 8 Airworthiness of Aircraft and Annex 16 Environmental Protection are particularly relevant. DIT Library Bolton Street, 4023681 Module 10.1 Regulatory Framework 114 TTS Integrated Training System © Copyright 2012 Integrated Training System th the Designed in asso clubéspro.com question Intentionally Blank 1-42 Module 10.1 Regulatory Framework TTS integrated Training Systern ‘© Copyiaht 2012 abe Training System Tay’ n question practice ald European Aviation Safety Agency (EASA) Prior to 2003 control of the aviation industry in an ICAO member state was executed by the National Aviation Authority (NAA) of that state. In the United Kingdom this was the Civil Aviation Authority (CAA). The CAA still exists and will be discussed following this topic. EASA was created by the adoption of a European Parliament and Council Regulation (EC) No 1592/2002 of 15 July 2002. This regulation, now amended by Regulation (EC) No 216 /2008, put in place a European Community system of air safety and environmental protection. EASA is the agency which creates implementing regulations that satisfy the requirements of 216/2008 which is known as the Basic Regulation Prior to EASA being formed there was a European organization called the Joint Aviation Authorities (JAA)). This was an organization of various European states that standardized their regulations, in accordance with the ICAO Annexes. Upon formation of EASA it was stated that EASA would take over all functions of the JAA. By 2010 the JAA will cease to exist, however all of the regulations produced by the JAA are being incorporated into EASA regulations. The JAA was dissolved in June 2009. Therefore the JAA no longer exists, and all the Joint Aviation Regulations (JARs) have been superseded by equivalent EASA Regulations. The major difference between the JAA and EASA is that the JAA regulations were not legally binding on NAAs. EASA regulations are part of the legally binding law of the European Parliament, formed by the Treaty of Rome. All members of the EU are signed up to this treaty; therefore EASA regulations have the force of law within member states. EASA is now fully operational and is based in Cologne, Germany. Figure 1.3: The EASA office building in Cologne Module 10.1 Regulatory Framework 1-13 Ts © Copyright 2012 Integrated Training System um ceuneepo'som quentan pale Purpose of EASA ‘The European Aviation Safety Agency is the centrepiece of the European Union's strategy for aviation safety. EASA’s mission is to promote the highest common standards of safety and environmental protection in civil aviation. EASA’s tasks are as follows 1. To assist the European Commission in preparing legislation, and support the Member States and industry in putting the legislation into effect. 2. To assist the European Commission in monitoring the application of European Community legislation. 3. To adopt its own certification specification and guidance material, conduct technical inspections, and issue certificates where centralized action is more efficient. The Agency will develop its know-how in all the fields of aviation safety and environmental protection in order to assist Community legislators in the issuing of common rules for: © The certification of aeronautical products, parts, and appliances. The approval of organizations and personnel engaged in the maintenance of these products. The approval of air operations. The licensing of aircrew. The safety oversight of airports and air traffic services operators. 1-14 Module 10.1 Regulatory Framework TTS integrated Training System ‘© Copyright 2012 Integrated Training System Designed in association wth the lub6pre.com question practice aid EASA Structure The National Aviation Authorities of the EU member states (for example the UK CAA), are known as EASA Competent Authorities (CAs). The Competent Authorities are still responsible for administering and enforcing the Rules and Regulations produced by EASA. The CAs are also responsible for maintaining an individual register of aircraft for their state, and a register of organizations (such as airline companies operating under an Air Operator's Certificate (AOC) situated in their territories. Internationa! Cooperation Environmental Protection Flight Standards Product Satoty [ATM | Airport. Process Support Figure 1.4: The EASA administrative structure Module 10.1 Regulatory Framework 4-15 ‘TTS Integrated Training System © Copyright 2012 oy Aircraft Regulated by EASA Alll aircraft are covered by Regulation (EC) 216/2008 except for those excluded by Article 1 of 26/2008 which comprises those engaged in military, customs, police or similar services. In addition Appendix II of 216/2008 also excludes historical aircraft which are very few in number, experimental aircraft, homebuilt aircraft, microlight aircraft, gliders of very light weight and very light unmanned aircraft. The definition of the word aircraft is found in article 2 of Regulation (EC) No 2042/2003 as follows: ‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth’s surface Excluded Aircraft * Aircraft used by the Military, Customs, Police (Government Aircraft) Annex II aircraft * Historic aircraft or aircraft having a historical significance such as — a participation in a noteworthy historical event, or — a major step in the development of aviation, or — a major role played into the armed forces of a Member State; © Aircraft specifically designed or modified for research, experimental or scientific purposes, and likely to be produced in very limited numbers; Figure 1.5: Homebuilt aircraft, like this 90% scale Spitfire, are “EASA exempt” under Annex II of the Basic Regulation and are therefore maintained and flown under National regulations © Aircraft of which at least 51 % is built by an amateur, or a non-profit making association of amateurs, for their own purposes and without any commercial objective; © Aircraft that have been in the service of military forces, unless the aircraft is of a type for which a design standard has been adopted by the Agency; * Aeroplanes, helicopters and powered parachutes having no more than two seats, and a maximum take-off mass (MTOM), of between 300 ~ 495 kg depending on type 4-16 Module 10.1 Regulatory Framework ‘TTS integrated Training System © Copytight 2012 din association with the ‘com question practice aid Integrated Training System Tay’ * Aeroplanes, having the stall speed or the minimum steady flight speed in landing configuration not exceeding 35 knots calibrated air speed (CAS); * Single and two-seater gyroplanes with a maximum take off mass not exceeding 560 kg; Gliders with a maximum empty mass, of no more than 80 kg when single-seat or 100 kg when two-seat, including those which are foot launched; Membership of EASA EASA comprises the 27 European Union (EU) States plus four states from within Europe who are not EU members, namely Iceland, Norway, Switzerland and Lichtenstein Relationships with Other Organizations The EASA works closely with representatives of other organizations to ensure that it takes their views into account. Examples are shown below: 1. Interested parties in industry, which are subject to rules drafted by the EASA, are pivotal in ensuring the success of civil aviation safety standards by assisting in the drafting and correct application of European Community and EASA rules. European aviation authorities perform a critical role in assisting the EASA with the performance of its core rulemaking, certification, and standardization functions, 2. International aviation organizations such as the Joint Aviation Authorities, EUROCON- TROL, and the International Civil Aviation Organization work together with the EASA to promote international civil aviation standards. 3. International aviation authorities such as the Federal Aviation Administration, Transport Canada, DAC/CTA (Brazil), and the Interstate Aviation Committee (Russia) work with the EASA to ensure compliance with international standards and to facilitate trade in aero- nautical products 4. Of particular note at this time is the imminent trilateral agreement between EASA, FAA and Transport Canada to release to service components certified by these organizations in each others country, without the Form 1 (or 8130-3) having a dual release requirement. 5. Accident investigation bodies issue safety recommendations and analysis that guide the agency's safety strategy. Module 10.1 Regulatory Framework 17 TTS integrated Training System © Copyright 2012 ) Integrated Training System coy’ cqwocepn com question pose Principle EASA Regulations EASA Regulations are written and issued, by EASA, for and on behalf of the EU parliament. Once done so, they are written into the Official Journal of the European Union. This Journal can be viewed online at http://eur-lex.europa.eu, The drafting and approval of rules (‘rulemaking’) is a lengthy process, and involvement of the EU National Aviation Authorities (NAAs) is maintained throughout via its Advisory Group of National Authorities (AGNA), Basic Regulation (EC) No 216/2008 Implementing rules Implementing rules Regulation No 17022003 For the airworthiness and envonmental Cericnen a cca nd voles ross pare and spancer. ae wet eo for ee feptencas. bed. onthe aeproval of Cerucmnon ot dongn and. prodaction ceensatons S06 parsconat ave eenasces Siesta Chmedin meaamacae Accaptabie means of compilance (AMC) fe o. ce Guidance Material (GM) A hocentabie means of comphance (AMC) Airwitiness codes 7 Part Mk Continuing Auweahiness A Guidance matens! (GM) 7 Part-145 ~ Maintenance Organisations Roprovals F Pan66~Cemttying stat F Part 147 — Training organisations requcaments Figure 1.6: EASA Regulation Structure Each Part consists of two sub-sections, A and B. Sub-section A contains the implementing rules for personnel and organization. Sub-section B contains implementing rules to enable the Competent Authorities of EASA to carryout their duties. ‘The Sub-section paragraphs can be recognized by the inclusion of the letters ‘ appropriate in the paragraph number, such as 66.A.15, and 66.B.15. 1-48 Module 10.1 Regulatory Framework TTS Integrates Training System ‘© Copyright 2012 Integrated Training System gned in association withthe ipG6pro.com question practi Regulation (EC) No.216/2008 - The Basic Regulation (Superseding 1592/2002) The basic regulation establishes common essential requirements to provide for a high uniform level of civil aviation safety. It establishes EASA. Article 1 and annex Il defines those aircraft (types and roles) not covered by this regulation The amended Regulation (EC) No.216/2008 further established regulations regarding: * Flight Crew Licensing (EU-FCL) * Air Operations (EU-OPS) previously known as JAR OPS 1 Regulation (EC) No 1702/2003 - The Implementing Regulation for Certification 1702/2003 contains Part-21 the implementing rules for certification of aircraft and environmental standards, To provide detailed assistance to manufacturers Certification Specifications (CS) are also provided to amplify this regulation. These are currently: CS-22 (Sailplanes and Powered Sailplanes) CS-23 (Normal, Utility, Aerobatic and Commuter Aeroplanes) CS-25 (Large Aeroplanes) CS-27 (Small Rotorcraft) CS-29 (Large Rotorcraft) CS-31HB (Hot Air Balloons) CS-34 (Aircraft Engine Emissions and Fuel Venting) CS-36 (Aircraft Noise) CS-APU (Auxiliary Power Units) CS-AWO (All Weather Operations) CS-E (Engines) CS-ETSO (European Technical Standard Orders) CS-Definitions (Definitions and Abbreviations) CS-P (Propellers) CS-VLA (Very Light Aeroplanes) CS-VLR (Very Light Rotorcraft) AMC-20 (General Acceptable Means of Compliance for Airworthiness of Products, Parts and Appliances) These are also known as “airworthiness codes” and are based upon (and in most cases are identical to) the JAA codes which they replace CS-Definitions (Definitions and Abbreviations) is a somewhat special case to note, since it is not a design cade as such, but does clarify the standard terminology and abbreviations used in the industry and standardizes understanding across all EU nations. For example, the exact meanings of “Aeroplane” and “Aircraft” are described. Module 10.1 Regulatory Framework 1419 TTS integrated Training System © Copyright 2012 Integrated Training System Designed in 2 ith cub Regulation (EC) No.2042/2003 - The Implementing Regulation for Continued” Airworthiness {Amended by Regulation (EC) No.1149/2011} Consists of 4 Annexes Annex! Part-M Management of Continuing Airworthiness Annexil —Part-145 Approval of Maintenance Organisations Commercial and Large Aircraft Annexill Part-66 —_Licensing of Aircraft Maintenance Engineers and Certifying Staff AnnexIV — Part-147 Approval of Training Organisations To assist organisations and individuals to comply with this regulation Acceptable Means of Compliance (AMC) and Guidance Material (GM) is provided where applicable, relevant to the appropriate annex paragraph If an organisation wishes to achieve compliance with a regulation by some alternative to the AMC as published, then it can do so providing it can demonstrate that the alternative method of compliance is acceptable to the relevant National Aviation Authority. Acceptable Means of Compliance (AMC) and Guidance Material (GM) The term Acceptable Means of Compliance (AMC) as referred to in Articles 18 and 19 of the Basic Regulation and its implementing rules is primarily used to qualify technical interpretative material to be used in the EASA certification process. In this respect, the AMC serve as means by which the certification requirements contained in the Basic Regulation, and its implementing rules, and more specifically in their annexes (also referred as "Parts"), can be met by the applicant. Acceptable Means of Compliance (AMC) and Guidance Material (GM) illustrate a means, but nof the only means, by which a requirement contained in an EASA airworthiness code or an implementing rule of the Basic Regulation, can be met. An applicant correctly implementing an AMCIGM issued by EASA is assured of acceptance of compliance. As such published acceptable means of compliance / guidance material are not the only means to show compliance, the applicant may decide to show compliance by other means. When so doing it does not need to justify why an alternative is used, but the burden of proof that the requirement is met relies entirely with it. 1-20 Module 10.1 Regulatory Framework TTS Integrated Training System 1 Copyright 2012 Integrated Training System igned in association wth Role of the Member States Each member state has a National Aviation Authority (NAA). In the UK it is the Civil Aviation Authority (CAA). This discussion uses the CAA as a typical example. The CAA was set up in 1972 to bring together the regulation of civil aviation within one body. The Civil Aviation Act of 1972 established the CAA as the body that governs aviation in the UK. Civil Aviation Authority Civil Aviation Act 1982 The Civil Aviation Act 1982, which consolidated many earlier enactments, is now the principal Act of Parliament which regulates civil aviation activities in the United Kingdom Section 3 of the Act specifies the functions of the CAA, which include: Those functions conferred on it, by the Civil Aviation Act with respect to: = The licensing of air transport; = The licensing of the provision of accommodation in aircraft; * The provision of air navigation services; = The operation of aerodromes and the provision of assistance and information. Those functions conferred on it by, or under, the Air Navigation Order with respect to The registration of aircraft; The safety of air navigation and aircraft (including airworthiness); The control of air trafic; The certification of operators of aircraft; The licensing of air crews and aerodromes. To give effect to UK membership of ICAO, Section 60(2) of the Act states that ‘An Air Navigation Order (ANO) may contain such provision as appears to Her Majesty in Council to be requisite or expedient: a) __ for carrying out the Chicago Convention, any Annex thereto relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention; or b) generally for regulating air navigation.” Module 19.1 Regulatory Framework 41-21 ‘TTS integrated Training System pyight 2012 Integrated Training System Design aon vi In layman's terms this means that the UK shall conform to the Chicago Convention and that any changes to the regulations can be made by use of the Air Navigation Order. The ANO is Law. Appropriate amendments are being made on an ongoing basis to the UK Air Navigation Order to take account of the changes brought about by the implementation of the EC Regulations. Changes to BCAR will also be made where necessary. Some aircraft are not within the scope of the EC Regulation and these require the retention of existing UK legislation. Maintenance standards in the UK are contained in a number of documents, e.g. CAP 562 - Civil Aircraft Airworthiness Information and Procedures, CAP 411/412 - Light Aircraft Maintenance Scheme (LAMS), these standards remain applicable to UK Registered aircraft until adoption of equivalent European Standards. The Air Navigation Order 2005 The ANO is the principal Statutory Instrument regulating air navigation. The ANO Section 1 comprises Parts (which are further divided into 168 Articles) and 15 Schedules: PART 1 Registration and Marking of Aircraft PART 2 Air Operators’ Certificates PART 3 Airworthiness and Equipment of Aircraft » PART 4 Aircraft Crew and Licensing PART 5 Operation of Aircraft PART 6 Fatigue of Crew and Protection of Crew from Cosmic Radiation PART 7 Documents and Records PART 8 Movement of Aircraft PART 9 Air Traffic Services PART 10 Licensing of Air Traffic Controllers PART 11 Flight information services and Licensing of Flight information Service Officers PART 12 Air Traffic Service Equipment PART 13 Airdromes, Aeronautical Lights and Dangerous Lights PART 14. General An up-to-date copy of the ANO can be viewed online at http:/vww.opsi.gov.uk/si/si2005/20051970.htm 41-22 Module 10.1 Regulatory Framework TTS integrated Training System ‘@ Copyright 2012 Integrated Training System British Civil Airworthiness Requirements (BCAR) BCAR comprise the minimum requirements, and administrative requirements that form the basis of manufacture of aircraft; the approval of equipment; the approval of design, manufacturing and maintenance organizations; the approval of personnel; certification and continued airworthiness procedures. BCAR are guidance material to show how to comply with the ANO. BCAR set out, within the framework of current aeronautical knowledge, mandatory, imperative, and permissive objectives to allow those concemed with the design, manufacture and maintenance of aircraft, to show possible alternative methods of compliance with the BCAR which would offer equivalent airworthiness Since 2003 many of the procedures in the ANO and BCAR have been superseded by EASA regulations and Acceptable Means of Compliance and Guidance Material (AMC/ GM). However with respect to those aircraft excluded from Regulation (EC) No. 216/2008, the ANO and BCAR continue to be applicable. BCAR are subdivided as follows: © Section A Airworthiness Procedures Where the CAA Has Primary Responsibility for Type Approval of the Product (CAP 553) * Section B Airworthiness Procedures Where the CAA Does Not Have Primary Responsibility for Type Approval of the Product (CAP 554) * Section L Licensing (CAP 468) * Section Q Non Rigid Airships (CAP 471) * Section R Radio (CAP 472) * Section $ Small Light Aeroplanes (CAP 482) © Section T Light Gyroplanes (CAP 643) * Section VLH Very Light Helicopters (CAP 750) + BCAR 31 Manned Free Balloons (CAP 494) Module 10.1 Regulatory Framework. 1-23 TTS Integrated Training System © Copyright 2012 Integrated Training System ned i CAA Relevant Publications The CAA continues to have a responsibility to publish UK standards on technical and administrative matters concerning airworthiness. The publications are known as Civil Aviation Publications (CAP). They are all available from the CAA’s appointed publisher TSO (The Stationery Office) Ltd Those of particular interest to licensed engineers are shown below: + CAP 747 Mandatory Requirements for Airworthiness * CAP 562 Civil Aircraft Airworthiness Information and Procedures (CAAIPs) * CAP 520 Light Aircraft Maintenance Note that Airworthiness Notices (CAP 455) have been cancelled and are now contained in CAP 747 and CAP 562 Civil Aviation Authority - Safety Regulation Group (SRG) One of the primary responsibilities bestowed upon the CAA by the Civil Aviation Act and the Air Navigation Order, is the certification and approval of those aircraft and their constituent parts which are not covered by Regulation (EC) 216/2008. This function is carried out by the Safety Regulation Group (SRG) based in Aviation House, Gatwick Airport South SRG comprises the following Divisions * Air Traffic Standards Division - ATS Operations and ATS Strategy and Standards. * Airworthiness Division - Aircraft Certification Department, Applications and Approvals Department, Strategy and Policy Department and Survey Department. + Flight Operations Division - Flight Operations Inspectorate Department, Flight Operations Policy Department and Flight Operations Strategy. * Licensing Standards Division - Aerodrome Standards Department, Human Factors, Personnel Licensing Department, Safety Investigation and Data Department and Medical Department. SRG also prescribes airworthiness procedures based on the current legislation, approves all organizations which fall outside Regulation (EC) 216/2008 (see BCAR Section A, Sub-Section A8) and Maintenance and Production Organizations which fall within 216/2008, and issues licences to Aircraft Maintenance Engineers (subject to examination), to whom privileges are given to certify work done and issue maintenance certificates on specified types of aircraft, engines and systems. Since 2003 the CAA has been the National Aviation Authority (NAA) of the UK. It is known to EASA as the Competent Authority (CA) of the UK. To this end the CAA implements rules made by EASA and regulates and implements rules for NON EASA aircraft, 1-24 Module 10.1 Regulatory Framework TTS Integrated Training System @ Copyright 2012 2 in association with the practice ai Integrated Training System Ty’ Extemal Relations bo licacas Safety Regulation Reel erie Jropean Affairs Gee es Ce eri) gure ect) eri Pec Serer eer cy Pees et Figure 1.7: SRG administration (correct at November 2009) Module 10.1 Regulatory Framework. 1-25 'S Integrated Training System cy Integrated Training System Relationship between EASA and the CAA Since the amendment to the ANO adopting EASA regulations into UK law the CAA has effectively become the servant of EASA. Whilst EASA make regulations the CAA implement them on behalf of EASA the CAA is referred to by EASA as ‘the competent authority’ for the United Kingdom. Non EU organizations must apply directly to EASA in Cologne for approvals etc but for any organization or individual in the UK seeking approval or licensing then they must approach the CAA It must be remembered that the CAA continue to exercise authority for those aircraft not governed by Regulation (EC) No 216/2008 (The Basic Regulation). The following table reprinted from CAAIPs Leaflet 1-2 summarizes the relationship between the CAA and EASA regulations, Each row represents the legal equivalents in the UK and EC legislative systems. | United Kingdom European Community | Legislation. UK Parliament z Create and Civil Aviation Act European Parliament | empower Civil Aviation Authority | Council Regulation 216/2008 | European Aviation Safety Agency Annex | Essential Requirement Annex Il Excluded Aircraft Council Regulation 1643/2003 Council Regulation 1701/2003 NB: Council Regulation 216/2008 replaced Council Regulation 1592/2002 On 8 April 2008. Requirements. European Commission Binding by law UK Parliament Commission Regulation 1702/2003 Air Navigation Order | Part-21 Commission Regulation 2042/2003 Annex | Part-M Annex Il Part-145 Annex ll Part-66 Annex IV Part-147 ‘Acceptable Means of British Civil “European Aviation Safety Agency Compliance (AMC) and _| Airworthiness Certification Specification guidance material (GM). | Requirements CS 23, CS 25, CS 27 AMC, GM, ete. Not binding by law 1-26 Module 10.1 Regulatory Framework TTS Integrated Training System (© Copyright 2012 Integrated Training System Regulation (EC) No.2042/2003 and the Relationship between its Parts and Others Regulation (EC) No.2042/2003 has four annexes (or ‘Parts’) as previously noted: Part-M, Part- 145, Part-66 and Part-147 The regulation and its four parts are integral to airworthiness. The following diagram will assist in understanding how they interrelate Part-145 Maintenance ! Part-66 Organisation Certifying Staff Approvals LF Part-21 Design, Manufacture and Certification of New Products Part-147 Training Organisation Requirements Figure 1.8: EASA (EC) Regulation 2042/2003 relationships This regulation has been amended by Regulation (EC) No 1149/2011 to reflect the addition of a new license category B3 and other issues in Part 66. These Module 10 Study Notes now reflect the changes brought about by this amendment. Module 10.1 Regulatory Framework 1-27 ‘TTS Integrated Training System © Copyight 2012 Integrated Training System practee ad ‘An owner or a leesor must have a management organization approved under Part-M Sub Part G to manage the airworthiness of his aircraft. The Part-M organization is responsible for contracting and monitoring the activities of those Part-145 or Part-M Sub Part F Approved organizations who carry out maintenance on aircraft and its components. Part-145 organisations require Licensed Engineers to carry out release to service functions. These engineers are licensed by Part-66. To achieve the standards required by Part-66 engineers have to attend training courses of various standards at Part-147 Approved training schools. Part-145 and Part-M organizations require liaison with Part-21 Design organizations to enable repairs to be approved in accordance with Certification Specification exemplified by CS 25 (large aeroplanes) Finally flight crews have an airworthiness responsibility under Part-M in that they can be trained to carry out pre flights, which are a Part-M function. If the Owner is conducting business in the commercial air transport field then he must hold an EU-OPS approval (also known as an Air Operators Certificate (AOC)). In this case the Part-M approval is issued in conjunction with his AOC. He cannot have an AOC without a Part-M. Loss of any associated approval (Part-145 etc) under Part-M would therefore entail loss of Part-M and his AOC. He would be effectively grounded From the above it should be seen that the purpose this regulation is to ensure airworthiness, the practical effect of failing to comply will ultimately cause the business to be grounded Management of Airworthiness (Part-M) All EASA regulated aircraft are subject to the regulation. That is they must comply with conditions for continued airworthiness. How this is achieved is a different matter In respect of management of airworthiness: All large aircraft and multi engine helicopters must be managed by a Part-M Sub Part G Continuing Airworthiness Management Organisation (CAMO) For CAT the AOC holder must be Part-M sub part G approved in addition to EU OPS approved For small aircraft (GA) there is a choice: + The owner may do it. * Alicensed engineer contracted by the owner may do it, or © The owner may contract a Part-M Sub Part G (CAMO) to do it. See Module 10.6 for Part-M information 1-28 Module 10.1 Regulatory Framework ‘TTS integrated Training System {© Copyright 2012 Ini Ds tegrated Training System n with the Acronyms and Abbreviations AGNA AMC ANO AOC ATS BCAR CA CAA CAAIP CAP CAMO cs EASA EC EU FAA FCL GA Advisory Group of National Authorities — A sub-committee of EASA. Acceptable Means of Compliance ~ Interpretive material for the EASA Implementing Rules (See also GM) Air Navigation Order ~ The UK’s Statutory Instrument for Air Law. Published by Her Majesty's Stationery Office (HMSO) and in loose-leaf version by the CAA as CAP 393. Air Operator's Certificate — Awarded to an operator by the CAA to show compliance with EU-OPS. Air Traffic Standards. British Civil Airworthiness Requirements — The UK's National Requirements for all EASA exempt UK registered aircraft Competent Authority of EASA — The National Aviation Authority (NAA) of an EU Member State. Civil Aviation Authority — The UK's National Aviation authority and Competent Authority of EASA Civil Aircraft Airworthiness Information and Procedures — A non-mandatory and non-quotable document, published by the CAA as CAP 592 Civil Aviation Publication - The CAA’s documentation numbering system Continued Airworthiness Management Organization ~ A Part-M Sub Part G organisation Certification Specification - EASA Design and Airworthiness Codes European Aviation Safety Agency European Commission European Union Federal Aviation Administration — The National Aviation Authority (NAA) of the United States of America. Flight Crew Licensing General Aviation — Activity and operation of aircraft of MTOM less than 5700 kg Module 10.1 Regulatory Framework 1-29 TTS integrated Trahning System © Copyright 2012 GM IATA ICAO. JAA JAR MTOM MTWA. NAA SRG UK UN 1-30 Integrated Training System Guidance Material - Interpretive material for the EASA Implementing Rules (See also AMC) International Air Transport Association International Civil Aviation Organisation Joint Aviation Authorities — The predecessor of EASA, now dissolved. Joint Aviation Regulations — Aviation regulations devised and promulgated by EASA and implemented into all JAA member states. Now superseded by EASA Regulations and Implementing Rules. Maximum Take-Off Mass Maximum Take-off Weight Authorized (now replaced by MTOM in metric system) National Aviation Authority — the aviation authority of any individual state Safety Regulation Group — A sub-group of the UK CAA ‘The United Kingdom of Great Britain and Northern Island United Nations Module 10.1 Regulatory Framework ‘TTS integrated Teaning System © Copyright 2012 Integrated Training System Worksheet 10.1 Use the following worksheet to revise your knowledge. It may require you to investigate some of the references quoted at the beginning of this section. However most of the information is contained in this document 14. Whatis the function of EASA? 2. Towhom is the Agency accountable? 3. When did the Agency take over the responsibility of rules and procedures for operations and crew licensing? 4, What is the Competent Authority of the UK known as? 5. Which organisation approves a UK company to maintain aircraft? 6. Which organisation approves a non-EU based company to maintain aircraft? 7. What is ICAO; where and when was it formed? 8. Which aircraft are excluded from EASA? 9, What is the current number of the basic regulation? 10. How does the current basic regulation differ from the original? Module 10.1 Regulatory Framework 131 TTS Integrated Training System © Copyright 2012 1 12. 13, 14 15. 16. 17 18. 19. 20. 21 1-32 Integrated Training System Designed in fi the lubes What is (EC) Regulation 2042/2003 concerned with and what are its 4 annexes called? What is (EC) Regulation 1702/2003 concerned with and what are the certification standards contained within it? The Implementing Rules (IR) contain AMC and GM. What are AMC and GM? What Organisation in an EU state approves a company to maintain Aircraft? What Organisation approves a company under Part-M or Part-147 if that company's main place of business is outside the EU? Which four former JAA members are now treated as members of EASA even though they are not members of the EU? Which organisation can issue approval for design of a product or type certification of a new aircraft in EU states? What is CAP 747 concemed with? When would it be appropriate to refer to BCARS? Why is the ANO still relevant to the UK industry when we are complying with EASA issued regulations? What is the function of the UK CAA SRG? Module 10.1 Regulatory Framework ‘TTS integrated Training System {© Copyright 2012

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