Civil Aviation Authority

For most African operators, the concept of the TCO is new and will trigger the question of why it is necessary and what will it improve. Here are the pros and cons that we envisage at this stage:

Pros:

TCO certification will ensure continuous compliance with international aviation safety standards. The Special Approvals Section of the certificate will serve as a unique point of reference for the applicable airspace entry requirements. Single certificate for all safety approvals. E.g. Some EU states now issue individual Dangerous Goods approvals to foreign operators. The process of sanctioning operators that violate safety standards will be more transparent and easy

Cons:

Red tape: Added layer of bureaucracy Potential of delaying changes in operations (e.g. introduction of a new type). Risk of losing focus and only follow the motions. This appears to be the case with some states that already issue TCO certificates. In such cases, the reason for the certificate is being eroded and needs to be reevaluated.

Conclusion

African operators should watch for more than one reason the EASA website (www.easa.europe.eu) for the TCO NPA, which is now slated for publication last month. Not only will it inform them of this upcoming rule, so that they can prepare themselves but also, being an interested party, they have the right to comment on the rule from a users perspective. The rationale of the TCO concept itself, though, can no longer be addressed as that was fixed when the first extension of the BR was adopted in 2008.

Operators and Civil Aviation Authorities in Africa (and other continents) should watch a anew development in Europe that will affect operators that fly to Europe. Operators that do not fly to Europe but have code share agreements with European operators will possibly also be affected .Rules are being proposed shortly that will require these operators to undergo a certification process. Draft rules for that process will shortly be published .Interested parties can comment on those proposed rules. We advise that you study these and consider to comment upon them.

Background

Aviation Safety needs continuous improvement .Being content with what has been achieved –and that is amazingly much in aviation safety-is not enough. To keep pace with the growth of air transport, the focus on safety needs to more than catch up with that increase so as to make sure that accident rates decline futher.There are many ways to achieve that. Modern State Safety programmes and Safety Management Systems,ICAOs USOAP and the various ramp check programmes,such as SASA in Europe ,are but a few.

The more traditional means to control safety are certification and continous oversight programmes by the Civil Aviation Authorities of states. In the area of operations, these programmes are limited to the state where an operator resides. This will now change.

EU Rulemaking Process

In 2004, the European Union started a rulemaking programme aimed at the certification of third country commercial operators, giving a rationale the need to protect European Passengers and citizens on the ground. This initiative led to the inclusion in the EASA Basic Regulation (BR) of a clause on third country operators and the need to make detailed regulations. The Basic Regulation itself may be regarded as the constitution of European aviation safety regulations, reflecting in scope and function the Chicago Convention, albeit at a European scale. It is adopted by the highest political institutions in the European Union: the council of Ministers and the European Parliament. The BR exists since 2002 and initially was limited to matters of airworthiness .It has since been extended twice: in 2008 for Operations and Crew Licensing and in 2009 for Aerodromes and Air Traffic Management.

The 2008 extension, also called the first extension, ordered the European Aviation Safety Agency (EASA) to have subordinate rules, called Implementation by ultimately 8 April 2012 on all matters of operations and crew licensing. With one exception, they all apply to European applicants. The exception is the latest in the row, the IR ON Third Country Operators (TCO).

The European rulemaking process follows a number of steps, the two most important of which are the publication of a Notice of Proposed Rulemaking (NPA) which opens a proposed rule for public Document(CRD).The latter is a compilation of all comments and their disposition by EASA and may be seen as a last option for interested parties to comment. Most of the first extension IRs is now beyond the NPA phase and, in some cases, even beyond the CRD phase. The Publication of the NPA was expected last month. The comment period will be three months, following which all comments will be reviewed .The CRD is expected to be published by mid-2011 and the final rule late 2011 or early 2012.

TCO Rule Requirements

Although the NPA is yet to be issued, we have some idea as to what it will entail. We expect that basically it will require that all operators from outside the European Union need to obtain a safety certificate before being allowed access to European airspace. Possibly, the rule will also affect operators that do not fly into EU territory but have a code share agreement with an EU operator. The substance of the regulation will be based on that of –or preferably even refer to –ICAO Annex6,Part1,added with airspace related requirements, possibly in the form of ‘ Special Approvals,' as is now the case for EU AOCs.The latter includes approvals for such aspects as RVSM,RNP,LVO,8.33 KHz,ELS/EHS,Dangerous Goods.

It is unlikely, or at least improper from an international civil aviation promotion point of view, that the TCO IR will include requirements that are stricter than those of ICAO. Having said that, we cannot exclude the possibility that in some areas the NPA will introduce substance that does go beyond ICAO standards, but which EASA considers to be vital to guarantee safety to its citizens.

In addition, there certainly will be an administrative section that regulates the application, continuation and suspension of the certificate. Quite possibly, a link will be made to the SAFA regulation, as ramp checks will form an important source of information for the continued validity of the certificate.Currently,repeated SAFA-found violations may lead to a process of ‘blacklisting' a foreign operator. This process is cumbersome and not transparent to parties, not the least the operator in question. We expect that suspension measures for the TCO certificate will not only ease that process, but also make it more transparent, thereby helping operators to avoid getting in such a situation.

It is yet unknown what level of details will be used on the certificate-will it list individual aircraft types or even registrations? Will it list details of equipment installed? Will it list key personnel? And so on………….

Operators will come from those states, but may also include operators from states that score lower but have good ramp check (SAFA) results. These operators are expected to receive the certificate, upon application, without any further showing. For the remaining operators, a division is likely between those operators that are currently on the European black list and those that are not. Black-listed operators will not be granted a TCO certificate .Other operators are expected to be subjected to a desktop scrutiny or an audit before certification.

Managing Applications

When the TCO rule will become in force –ultimately 8 April 2012-EASA awaits the enormous task of processing applications and issuing certificates to well over a hundred of non-EU operators that at that time operate into the EU. This should be done without any disruption to those operators that deserve the certificate. It will be impossible for EASA to deeply scrutinize all these carriers before issuing a certificate. Quite likely, during the transition phase they will apply the policy of trusted states and trusted operators. Trusted states will be those states that score high in the USOAP.Trusted operators will come from those states, but may also include operators from states that score lower but have good ramp check (SAFA) results. These operators are expected to receive the certificate, upon application, without any further showing.

For the remaining operators, a division is likely between those operators that are currently on the European black list and those that are not. Black-listed operators will not be granted a TCO certificate. Other operators are expected to be subjected to a desktop scrutiny or an audit before certification.

Continuous Monitoring

How will operators that have been certificated be monitoring? Once a certificate has been obtained, a process starts of continuous monitoring. That process is likely to be made up of the same elements that play a role in initial certification:

What is the performance of the issuing state?

What is the performance of the operator (e.g as verified during SAFA inspection)?

Changes in equipment, routes, etc;

Transition Phase

The duration of the transition phase itself is unclear at this stage. As the NPA is still being developed, all options are open. Will it be a big bang, meaning that on 8 April 2012 and non-EU operators must have a certificate or will there be some time for operators to file their application and EASA to process them?

Certification By Other States

Actually, the concept of TCO certificates is not new. Other states have similar regulations. In the USA it exists that long that those who are currently active in aviation do not know when it was introduced.There,is it known as ‘Operations Specifications.' The legal basis is Federal Aviation Regulation 129.Canada issues TCO certificates under the name' Foreign Air Operator Certificate.' From the early 1990s onwards, a proliferation is seen of states that introduced such certificates. Initially, this concentrated in Latin America and was possibly a result of the IASA program of the USA. That program started in 1992 and focused on the ability of states to adhere to ICAO standards for aircraft operations and maintenance, in fact a forerunner of the ICAO USOAP.Later, states in Asia, such as China, also introduced foreign Air Operators Certificate.

Lack of infrastructure- There is non-availability of FBO's (Fixed Base Operator), terminals. The numbers of agencies for ground handling are extremely restricted, there is non-availability of MRO'S (Maintenance, Repair & Overhaul) and increases cost of maintenance. There is no separate parking and the helicopters are operating out of airports. There are no heliports and heli-routes in India till date.

Restrictive regulations- Too many agencies are involved in the procedure of getting a private aircraft such as Ministry of Home Affairs, Ministry of Civil Aviation, Directorate General of Civil Aviation, Bureau of Civil Aviation Security, and Airport Authority of India. 25% of duty is only restricted only to the corporate aircrafts, which increases costs. The owner has to restrict himself to operational timings at major metros, which renders private ownership useless.

Lack of Manpower- There is shortage of pilots and engineers. In India there are 35 flying schools, which are not producing the required number of pilots. There is a demand of about 50,000 employees and 15000 engineers in the airline industry.

The general aviation sector still has large scope for growth, by the intervention of private players and the availability of the purchasing power among the classes.

It increases the efficiency and productivity of businesses by reducing travel time that would be required to drive or to use more congested commercial airports. It provides training for a majority of new pilots.


Companies/ Government Agencies can use airplanes/ helicopter to:

• For corporate Use

• Offshore purposes especially helicopters

• Emergency Medical Services (EMS)

• Disaster Management

The latest statistics for the civil aviation sector depict:

• FDI up to 100 per cent is allowed under the automatic route for Greenfield projects.

• For existing projects, FDI up to 100 per cent is allowed; while investment up to 74 per cent under the automatic route and beyond 74 per cent under the government route.

The Indian aviation industry is one of the fastest-growing aviation industries in the world with private airlines accounting for more than 75 per cent of the sector of the domestic aviation market (as of 2006). A compound annual growth rate (CAGR) of 18 per cent and 454 airports and airstrips in place in the country, of which 16 are designated as international airports, the time has come to monitor the increasing growth of aviation sector.

Today, the General aviation sector is most neglected in the civil aviation industry. It is treated as a step child of aviation in India. There are no separate guidelines for general aviation. In India there is no concept of FBO's (Fixed Base Operator), helicopters or GA (General Aviation) terminals. Maximum use of General Aviation is in corporate charters, followed by offshore operations through helicopters, tourism etc. In the private charter industry itself there is an estimated business of Rs.2900 crores and it should not be neglected. General Aviation in India is a very niche market, especially since it is hassle free and has instant availability status. The value additional benefits of private aircraft are that it can fly to destinations not covered by scheduled airlines, has access to over 400 air strips (Only 90 are operational right now). The versatility of helicopters of reaching where nothing else can is not being exploited to its best potential.

Ethiopian Airlines recently celebrated the maiden flight of its first woman captain.Amsale Gualu Endegnanew, when she took off on her first flight from the left-hand seat on the flight deck of a Bombardier Q-400 aircraft from Addis Ababa.

She flew the service to Gondar, then to Axum and finally returned back to Addis Ababa after a total of 3,6 flight hours.

Captain Amsale joined the Ethiopian Airlines pilot Training School on July, 10, 2000 and started her career as first officer on November 26, 2002.Since then; she has trained and worked on Fokker-50, Boeing 757 and 767 aircraft as first officer. Captain Amsale has been able to complete all the necessary training requirements and passed through rigorous checks to gain her fourth stripe.

She had a total of 4475 flight hours under her belt when she became the commander of her flight.

Ato Tewolde G. Mariam, designated chief executive officer of the airline, welcomed her at an Addis Ababa International Airport function on her return flight from Axum ,saying: "We congratulate Captain Amsale on her outstanding achievement. She deserves the recognition as she has demonstrated tremendous dedication to reach the pinnacle."

"In view of the prima facie possibility that either or both the South Africa Civil Aviation Authority or Air Traffic and Navigation Services may be partly or wholly responsible for the circumstances leading up to this accident and accordingly liable for damages, it is in our view wholly inappropriate for the accident investigation to be conducted by SACAA and ATNS since this will undoubtedly lead to suspicions of a ‘cover up'. It is for this reason that the legislature has provided for an independent Investigation Board."

The AOPA chairman then called on the Minister of Transport to provide full written reasons in terms of the promotion of Administrative Justice Act, 2000, why the Aviation Safety Investigation Board had not yet been constituted and why it was not investigating this accident. He pointed out that on September 17 the Minister had made a statement in a speech that the Department of Transport would be working on the establishment of the Aviation Safety Committee as enshrined in the new Act.

Marais pointed out that the Minister had said:"As the Minister of Transport, I view aviation security as a priority. The new Act is stringent on security issues, especially as it will meet our harsher sentences and penalties."

Maris the asked in this letter:"Is the fact that the Minister has not yet established the board not a contravention of his own Act and should the minister himself not be penalized? Or is it simply a case of gross negligence?

"We also cal upon the Director of the CAA to furnish full written reasons in terms of PAJA why the CAA and ATNS are investigating this accident when there is a clear conflict of interest which impacts upon the rights of both the injured parties and the aviation public.

"It is AOPAs view that an investigation by an independent body would also have the effect of vindicating innocent parties who may otherwise remain under suspicion in the eyes of the public," said Marais.

At the time of going to press with this edition, no reply had been received either from the Director-General of Transport or the SACAA.

Radial Tyre Capacity to Double By Early 2011

Goodyear Aviation has announced that its radial aircraft tyre expansion project will be completed ahead of schedule by the first quarter of 2011 which will double thecompanys radial tyre production capacity.

"Goodyear has always been an innovator in radial aircraft tyres, having introduced the first FAA-approved radial tyre in 1983,"said Bert Aertssen, Goodyear Aviations global general manager."In view of recent structural changes in the market place, we recognized that the demand for radial aircraft tyres would continue to increase.

"Therefore, we jumped ahead of the growth curve and launched in 2008 an important expansion project that will result in doubling our capacity to build light-weight radial tyres to serve our airline, military and business jet customers by the end of the first quarter2011."

As a company recognized for its innovative technology, Goodyear has continuously devised new technologies to provide light-weight aircraft tyres, with no compromise in toughness. The introduction of light alloy metal bead cores, and body plies made from the merger of tough, yet light, materials such as aramid and nylon, has resulted in further weight reduction of its radial tyres that are capable of performing in the high stress environment of the aviation industry.

As a testament to its capacity to develop radial tyres for light weight and optimized cost of operation, Goodyear will have the radial fitment for the prestigious Gulfstream G650 business jet when it enters service in 2012.

The ATSA course is the introduction course and consists of theoretical training. This course is the foundation for all future ATC training courses. A rating is received on the successful completion of this course and this rating can be validated at the students ATSU.

Having successfully completed the ATSA course and student can continue with the Aerodrome control course which has both theoretical and practical content. The successful completion of the theoretical training is a necessary prerequisite to be able to continue onto the simulator training course.

Practical training will be conducted in the FABR artificial airspace created for 43 Air Schools simulator environment .However; with the simulator it is possible to provide training for clients in their individual national airspace.

The modern capabilities of the simulator affords the school and the unique opportunity of offering clients the option of completing 50% of their validation training, recurrence training or proficiency assessments at the 43 Air Schools facility.

AOPA Reacts To SACAAs Move to Investigate a Recent Air crash.

The South African branch of the Aircraft Owners' and Pilots' Association (AOPA) has reacted strongly to a recent press release which indicated that the SA Civil Aviation Authority had begun an investigation into the cause of an accident involving a Piper and a Jabiru aircraft at Wonder boom Airport, Pretoria, on October 26.

Three people were injured in the accident when the two aircraft collided apparently in midair over the runway.

In a letter addressed to the Director-General of Transport in which he states that he was present at the airport "moments after the accident" and that it appeared that ATNS (the Air Traffic and Navigation Services Company) was also directly involved in the investigation, Dr. J.T (Koos) Marais ,chairman of AOPA,wrote:"I draw your attention to the provisions of the Civil Aviation Act,2009, which was assented to by the President on 25/27 May 2009.In particular, the Act makes provision for the establishment of an independent Aviation Safety Investigation Board and Section 10 of the Act states. ‘the Aviation Safety Investigation Board, which is a juristic person, is hereby established.'

"The purpose of this Board is to independently investigate aircraft accidents in order to advance aviation safety. In view of prior irregularities raised by AOPA regarding air traffic control and air safety at Wonder boom Airport,AOPA and its members have a clear interest in the outcome of any investigation of this accident.

"It does appear, however, that such an Aviation Safety Investigation Board has been constituted as is required by the Act, nor is such Board investigating this accident," Marias said.