Regulatory and Operational Hot Topics Part 1. CBAA Convention August 11, 2017

Transcription

1 Regulatory and Operational Hot Topics Part 1 CBAA Convention August 11, 2017

2 Practical Guide to Applying Regulations Some Basic Rules of Interpretation & General Principles. 2

3 Practical Guide to Applying Regulations Canada 3

4 Practical Guide to Applying Regulations CARs 4

5 Practical Guide to Applying Regulations Application This Subpart applies to the following Canadian aircraft: (a) large aeroplanes; (b) turbine-powered aircraft; (c) pressurized aircraft; and (d) multi-engined aircraft. 5

6 Practical Guide to Applying Regulations Prohibition (1) Subject to subsection (2), no person shall operate any of the following Canadian aircraft for the purpose of transporting passengers or goods unless the person is the holder of a private operator registration document: (a) a large aeroplane; (b) a turbo-jet-powered aeroplane; or (c) a turbine-powered pressurized aeroplane certificated for more than six passenger seats. (2) Subsection (1) does not apply to the operation of an aircraft referred to in paragraphs (1)(a) to (c) by (a) an air operator who operates the aircraft in accordance with the requirements of Part VII; or (b) a person who operates the aircraft under a flight permit issued under section

7 Practical Guide to Applying Regulations Foreign Jurisdictions They work on the same overall pattern and they will either: Have their own rule separate from your country. Accept your countries rule, with/without exceptions, changes, additions. Accept ICAO SARPs, with/without exceptions, changes, additions. 7

8 Practical Guide to Applying Regulations CAR : No person shall act as a flight crew member or exercise the privileges of a flight crew licence in Canada in an aircraft registered in a contracting state other than Canada, unless the person holds, and can produce while so acting or while exercising such privileges, a) a flight crew permit or licence issued under this Subpart; or b) a flight crew licence, or a document equivalent to a foreign licence validation certificate, that is issued under the laws of the contracting state. 8

9 Practical Guide to Applying Regulations FAR129.5(b) Each foreign air carrier conducting operations within the United States must conduct its operations in accordance with the Standards contained in Annex 1 (Personnel Licensing), Annex 6 (Operation of Aircraft), Part I (International Commercial Air Transport - Aeroplanes) or Part III (International Operations - Helicopters), as appropriate, and in Annex 8 (Airworthiness of Aircraft) to the Convention on International Civil Aviation. 9

10 Practical Guide to Applying Regulations FAR129.14(a) Each foreign air carrier and each foreign person operating a U.S.-registered aircraft within or outside the United States in common carriage must ensure that each aircraft is maintained in accordance with a program approved by the Administrator in the operations specifications. 10

11 Practical Guide to Applying Regulations Foreign Jurisdictions CAR Requirements ICAO SARPs (Not Mandatory unless adopted by FCAA) Foreign CAA (FCAA) Requirements Does the FCAA have it s own rule? No Yes No Do ICAO SARPs address the issue? Yes Yes Has the FCAA adopted ICAO SARPs? No CAR is the minimum that must be met. And/ Or Comply with ICAO SARPs. And/ Or Comply with FCAA rule. 11

12 Practical Guide to Applying Regulations Foreign Jurisdictions In a case of parallel requirements, both rules apply or the most restrictive rule has to be followed. 12

13 Practical Guide to Applying Regulations Two Common Problems: 1. Overemphasising the intent/purpose of the rule. 2. Overemphasising the letter of the law. 13

14 Practical Guide to Applying Regulations KISS: Keep It Simple Silly 14

15 Practical Guide to Applying Regulations Do Not Forget: The purpose of rules is to serve people. It is not the purpose of people to serve rules. Without adherence to proper rules, you will get either a dictatorship or anarchy. Neither is desirable. 15

16 Practical Guide to Applying Regulations References: General info on the CARs: o-menu-1000.htm 16

17 Practical Guide to Applying Regulations Questions? 17

18 TTPP, Training, & Competency Check Requirements A look at some key requirements and points of confusion. 18

19 TTPP, Training, & Competency Check Requirements The purpose of the Exemption is to allow private operators desiring an alternative to the training model currently required by Subpart 604 of the CARs, where the competency of flight crews and the validity of training programs are confirmed by means of a formal assessment of pilot competency at the end of training (i.e. Competency Check), to move to a model where proficiency is measured throughout training (i.e. TTPP). AC

20 TTPP, Training, & Competency Check Requirements Who should use the TTPP? Conventional type rating training programs... is not optimal for the recurrent training of pilots that are already familiar with an operator s environment, equipment and Standards [sic] Operating Procedures (SOPs), as, in many cases, it requires them to spend valuable training time to review and practice exercises they may have already mastered. AC

21 TTPP, Training, & Competency Check Requirements An application to or permission from TC is not required. The conditions of the exemption have to be met continuously. 21

22 TTPP, Training, & Competency Check Requirements TTPP Requirement The operator must utilize the services of a training provider that has an established quality assurance system. Applicable to CC Program N/A 22

23 TTPP, Training, & Competency Check Requirements TTPP Requirement The operator must utilize the services of a training provider that has the managerial staff to support the quality of the training, of whom one person, other than the person responsible for the training, is assigned responsibility of managing the quality assurance system. Applicable to CC Program N/A 23

24 TTPP, Training, & Competency Check Requirements TTPP Requirement The training and competency certification must be done by evaluators that meet the requirements of paragraphs (4)(a), (b) and (c) of the CARs or subsection (5) of the CARs. Applicable to CC Program Yes (check only) 24

25 TTPP, Training, & Competency Check Requirements TTPP Requirement Only instructors that meet the requirements of CAR (4)(a), (b) and (c) or of subsection (5) of the CARs may be used to deliver TTP (Synthetic Flight Examiners (SFEs) and Training Center Evaluators (TCEs) may be used if the have received training on the FTG and CAR record keeping). Applicable to CC Program N/A 25

26 TTPP, Training, & Competency Check Requirements TTPP Requirement The operator must utilize the services of a training provider that utilizes level C or D simulators that are equipped and configured to match the aircraft used by the private operator or as otherwise permitted in subpart 604. Applicable to CC Program Depends 26

27 TTPP, Training, & Competency Check Requirements TTPP Requirement The operator must utilize the services of a training provider that utilizes level C or D simulators that are equipped and configured to match the aircraft used by the private operator or as otherwise permitted in subpart 604. (E.g for differences.) Applicable to CC Program Yes 27

28 TTPP, Training, & Competency Check Requirements TTPP Requirement Training on board an aircraft in flight is not permitted. Applicable to CC Program N/A 28

29 TTPP, Training, & Competency Check Requirements TTPP Requirement The private operator must make available to TC, upon request, the most recent results of an audit of the quality assurance program that meets the requirements of an audit required under subsection (2) of the CARs. Applicable to CC Program Yes 29

30 TTPP, Training, & Competency Check Requirements TTPP Requirement The private operator must make available to Transport Canada, upon request, the most recent results of a review of the SMS that meets the requirements of a review required under subsection (2) of the CARs. Applicable to CC Program Yes 30

31 TTPP, Training, & Competency Check Requirements TTPP Requirement The private operators shall, if converting from a subpart 604 of the CARs program to the program defined in this exemption, conduct a risk assessment to assess and mitigate the risks associated with the hazard of adopting a new training program. Applicable to CC Program N/A 31

32 TTPP, Training, & Competency Check Requirements TTPP Requirement The private operators must make available to Transport Canada, upon request, the risk assessment if one is required by the exemption. Applicable to CC Program N/A 32

33 TTPP, Training, & Competency Check Requirements TTPP Requirement The private operators must provide to their training provider the most recent company risk profile required under subparagraph (1)(c)(ii) of the CARs. Applicable to CC Program No 33

34 TTPP, Training, & Competency Check Requirements TTPP Requirement Training program must be operator specific and is designed to mitigate the risks identified by company risk profile. Applicable to CC Program Yes 34

35 TTPP, Training, & Competency Check Requirements TTPP Requirement Training program must meet the knowledge and experience requirements currently required by subpart 604 of the CARs. Applicable to CC Program Yes 35

36 TTPP, Training, & Competency Check Requirements TTPP Requirement Training program must consist of 3 phases. Applicable to CC Program N/A 36

37 TTPP, Training, & Competency Check Requirements TTPP Requirement Training providers must provide to the private operator certification of pilot proficiency for each pilot at the successful completion of the training program. Applicable to CC Program Yes 37

38 TTPP, Training, & Competency Check Requirements TTPP Requirement When assessing the level of pilot proficiency in Phase 1, a completed copy of the form utilized to ensure that the pilot demonstrate a level of proficiency sufficient to successfully complete a competency check or pilot proficiency check must be made available to Transport Canada, upon request. Applicable to CC Program N/A 38

39 TTPP, Training, & Competency Check Requirements Can I do training on-board-an-aircraft-in-flight under the TTPP? No. Only level C or D simulators may be used in a TTPP. 39

40 TTPP, Training, & Competency Check Requirements The FTG defines the COP standards for the CAR 604 mandatory COP elements. To what standard are the other elements evaluated (e.g. operator SMS items)? The operator defines the evaluation standard in the TTPP section of their operations manual using the FTG as a guide where applicable and industry standards where the FTG is silent on a COP element. 40

41 TTPP, Training, & Competency Check Requirements Must I use an instructor who meets CAR (4) (a),(b) &(c) or (5) for all three phases of my TTPP? Yes, because of the continuous evaluation. The qualifications for an instructor are different and are found in (1). The main difference is that a ministerial authorization is not required for instructors. 41

42 TTPP, Training, & Competency Check Requirements Can I use the TTPP to obtain my initial type rating? No. Yes, if the TTPP covers all elements of the initial type training and ends with a traditional CC ride. 42

43 TTPP, Training, & Competency Check Requirements References: CAR CAR Exemption NCR Advisory Circular AC

44 TTPP, Training, & Competency Check Requirements Questions? 44

45 Signing Pages 13 & 14 in ADB Common questions and concerns about the Aviation Document Booklet (ADB) 45

46 Signing Pages 13 & 14 in ADB 46

47 Signing Pages 13 & 14 in ADB 47

48 Signing Pages 13 & 14 in ADB Two separate issues have come up: 1. Who can sign in this space? 2. Will this suffice to meet international requirements? 48

49 Signing Pages 13 & 14 in ADB First, who can sign in this space? A person designated by the minister. But who is that? 49

50 Signing Pages 13 & 14 in ADB Who is a Person Delegated by the Minister? ACP (Approved Check Pilot) DFTE (Designated Flight Test Examiner) Foreign equivalent to the above (CAR part IV or VII) Synthetic Flight Examiners (SFEs) and Training Center Evaluators (TCEs) may be used if the have received training on the FTG and CAR record keeping requirements 50

51 Signing Pages 13 & 14 in ADB Who is a Person Delegated by the Minister? (cont d.) For private operators, anyone who meets the requirements of CAR (4)(a), (b) and (c) (i.e. DFTE, ACP, or foreign equivalent). Someone who meets the requirements of subsection (5) (another person designated by the private operator) of the CARs. 51

52 Signing Pages 13 & 14 in ADB Who is not a Person Delegated by the Minister? For private operators, anyone designated by the private operator to certify competency. (This provision expired Jan 31, 2017.) The training provider/organization. 52

53 Signing Pages 13 & 14 in ADB It is the pilot s (and private operator s) responsibility to prove competency. Every effort should be made to ensure the ACP, DFTE, or TO makes the required entry in the ADB. If for some reason the entry is not made, or it is forgotten, effort should be made to get the ADB signed later. 53

54 Signing Pages 13 & 14 in ADB However, competency can be certified in several different ways and making an entry on pages 13 & 14 of the ADB is only one way to do this. Another way is to carry a copy of the test report with you, or other proof of competency accepted by TC (e.g. log book stickers). For IR records see AC section 6.5(4) and AC section 4.0(2). 54

55 Signing Pages 13 & 14 in ADB Acceptable IR Records are: An entry on a Competencies Record page of the candidate s ADB stating the end date of the recency period for the IPC with the name, signature and licence number of the examiner. An entry of the flights in the pilot log book to clearly show that the IFR recency requirements of subsection (3) of the CARs been met. A copy of the completed IPC report with licence. 55

56 Signing Pages 13 & 14 in ADB There is no real guidance for ACPs, DFTEs, etc. on how to complete this section of the ADB when it comes to PPCs, CCs, etc. 56

57 Signing Pages 13 & 14 in ADB In Canada it will be comparatively easy to deal with this issue. The problem can be in foreign jurisdictions where the frontline official you are dealing with does not understand how this works in Canada. And they may not care. 57

58 Signing Pages 13 & 14 in ADB Second, will this suffice to meet international requirements? 58

59 Signing Pages 13 & 14 in ADB Initial certifications are made here for 90 days. 59

60 Signing Pages 13 & 14 in ADB New license type: CPL, ATPL (H), PPL, etc. New Type Rating: BE20, C550, BE02, etc. New Class: SE, ME, L, S, etc. Other Ratings: FI, IR, SO, etc. After 90 days the permanent sticker sent from TC should be placed on top of the original entry. On re-issue of the licence TC will print any valid licenses/ratings/permits on pages 3 & 4 of the ADB. 60

61 Signing Pages 13 & 14 in ADB 61

62 Signing Pages 13 & 14 in ADB Any recurrent training events and qualifications (competency records) are entered on pages 13 &14. Examples are: Validity (months) AOC PORD ICAO (CAT) IR Recency PPC CC N/A 24 N/A TTPP N/A 24 N/A 62

63 Signing Pages 13 & 14 in ADB How do we certify annual competency when the CC, TTPP, or PPC is only done every two years? Should not be an issue within Canada. You will need to meet foreign state requirements as required by the applicable state authority. 63

64 Signing Pages 13 & 14 in ADB What to do when I m going to another country and the local authorities may not accept my ADB because: (1) Page 13/14 page is not signed or (2) Page 13/14 is not signed within the last 12 months? Enquire before you go what the foreign authorities will accept. Take copies of training records with you for additional support. 64

65 Signing Pages 13 & 14 in ADB References: Canadian ADB (Pilot s License) Advisory Circular AC Advisory Circular AC Flight Test Guide Competency Check (Private Operators) ICAO Annex 6 Part 1 ICAO Annex 6 Part 2 65

66 Signing Pages 13 & 14 in ADB Questions? 66

67 Ground Instructor Qualifications A quick look at the requirements for ground instructors 67

68 Ground Instructor Qualifications No private operator shall permit a person to act and no person shall act as a ground instructor unless the person has received, before the day on which the person begins to act as ground instructor, training that includes the following elements: (a) the teaching and learning processes; (b) instructional techniques; and (c) the student-instructor relationship. CAR (2) 68

69 Ground Instructor Qualifications What is the purpose of the rule? To ensure the ground instructors are suitably qualified beyond the technical knowledge to teach the student(s). 69

70 Ground Instructor Qualifications How does a person comply with this rule? University Community college Training as a flight instructor Other structured class room training On-line training Any other suitable course 70

71 Ground Instructor Qualifications As currently written the CAR is sufficiently vague to allow a Chief Pilot fairly wide discretion. It is the responsibility of the Chief Pilot to ensure that the training received is adequate for the contemplated ground instruction, taking into account the scope and complexity of the subject to be taught, and the risk involved if the student fails to adequately comprehend and learn the subject being taught. 71

72 Ground Instructor Qualifications How does on-line/internet training comply with this rule? The Chief Pilot should evaluate the training material. Any good training material will be built with due consideration of: (a) The teaching and learning processes. (b) Instructional techniques. (As applicable to on-line training.) 72

73 Ground Instructor Qualifications References: CAR (2) 73

74 Ground Instructor Qualifications Questions? 74

75 Thank You For Your Attention