Regulatory and Operational Hot Topics Part 1 TOPICS PRT 1 by E Ratzla… · CARs, where the competency of flight crews and the validity of training programs are confirmed by means

Regulatory and Operational

Hot Topics – Part 1

CBAA Convention

August 11, 2017

Practical Guide to Applying Regulations

Some Basic Rules of Interpretation & General

Principles.

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Canada

3


CARs

4


Application

604.02 This Subpart applies to the following

Canadian aircraft:

(a) large aeroplanes;

(b) turbine-powered aircraft;

(c) pressurized aircraft; and

(d) multi-engined aircraft.

5


Prohibition

604.03 (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 507.04.

6


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.

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CAR 401.04:

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 stateother 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.

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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.

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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.

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Foreign CAA(FCAA) Requirements

Has the FCAA adopted ICAO SARPs?

Do ICAO SARPs address the issue?

Comply with ICAO SARPs.

Does the FCAA have it’s own rule?

Comply with FCAA rule.

CAR is the minimum that must be met.

Yes

Yes

Yes

And/Or

No

No

No

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CAR RequirementsICAO SARPs

(Not Mandatory unless adopted by

FCAA)

And/Or




In a case of “parallel” requirements, both rules

apply or the most restrictive rule has to be

followed.

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Two Common Problems:

1. Overemphasising the intent/purpose of the

rule.

2. Overemphasising the letter of the law.

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KISS:

Keep

It

Simple

Silly

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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.

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References:

General info on the CARs:

www.tc.gc.ca/eng/civilaviation/regserv/cars/geninf

o-menu-1000.htm

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http://www.tc.gc.ca/eng/civilaviation/regserv/cars/geninfo-menu-1000.htm


Questions?

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TTPP, Training, & Competency Check Requirements

A look at some key requirements and points of

confusion.

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“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 604.003

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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 604.003

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An application to or permission from TC is not

required.

The conditions of the exemption have to be met

continuously.

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TTPP RequirementApplicable to

CC Program

The operator must utilize the

services of a training provider that

has an established quality

assurance system.

N/A

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CC Program



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.

N/A

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CC Program

The training and competency

certification must be done by

evaluators that meet the

requirements of paragraphs 604.

143(4)(a), (b) and (c) of the CARs

or subsection 604.143(5) of the

CARs.

Yes (check

only)

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CC Program

Only instructors that meet the

requirements of CAR 604.143(4)(a),

(b) and (c) or of subsection

604.143(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).

N/A

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CC Program



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.

Depends

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CC Program



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. 604.175 for differences.)

Yes

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CC Program

Training on board an aircraft in

flight is not permitted. N/A

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CC Program

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

604.206(2) of the CARs.

Yes

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CC Program

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

604.207(2) of the CARs.

Yes

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CC Program

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.

N/A

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CC Program

The private operators must make

available to Transport Canada,

upon request, the risk assessment

if one is required by the exemption.

N/A

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CC Program

The private operators must provide

to their training provider the most

recent company risk profile

required under subparagraph

604.203(1)(c)(ii) of the CARs.

No

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CC Program

Training program must be operator

specific and is designed to mitigate

the risks identified by company risk

profile.

Yes

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CC Program

Training program must meet the

knowledge and experience

requirements currently required by

subpart 604 of the CARs.

Yes

35



CC Program

Training program must consist of 3

phases.N/A

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CC Program

Training providers must provide to

the private operator certification of

pilot proficiency for each pilot at the

successful completion of the

training program.

Yes

37



CC Program

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.

N/A

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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


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.

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Must I use an instructor who meets CAR

604.143(4) (a),(b) &(c) or 604.143.(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 604.144(1). The main difference is that a

ministerial authorization is not required for

instructors.

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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.

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References:

CAR 604.143

CAR 604.166-183

Exemption NCR-033-2016

Advisory Circular AC 604-003

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Questions?

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Signing Pages 13 & 14 in ADB

Common questions and concerns about the

Aviation Document Booklet (ADB)

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47


Two separate issues have come up:

1. Who can sign in this space?

2. Will this suffice to meet international

requirements?

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First, who can sign in this space?

A person designated by the minister. But who is

that?

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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

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Who is a “Person Delegated by the Minister?”

(cont’d.)

• For private operators, anyone who meets the

requirements of CAR 604.143(4)(a), (b) and (c)

(i.e. DFTE, ACP, or foreign equivalent).

• Someone who meets the requirements of

subsection 604.143(5) (another person

designated by the private operator) of the

CARs.

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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.

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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.

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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 401-004 section 6.5(4) and AC 401-005 section 4.0(2).

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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 401.05(3) of the CARs been met.

• A copy of the completed IPC report with licence.

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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


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.

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Second, will this suffice to meet international

requirements?

58


Initial certifications are made here for 90 days.

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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.

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Any recurrent training events and qualifications

(competency records) are entered on pages 13

&14. Examples are:

Validity (months)

AOC PORD ICAO (CAT)

IR Recency 12 24 6

PPC 12 24 6

CC N/A 24 N/A

TTPP N/A 24 N/A

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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


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.

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References:

Canadian ADB (Pilot’s License)



Flight Test Guide – Competency Check (Private

Operators)

ICAO Annex 6 Part 1

ICAO Annex 6 Part 2

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Questions?

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Ground Instructor Qualifications

A quick look at the requirements for ground

instructors

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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 604.144(2)

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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


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

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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.

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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.)

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References:

CAR 604.144(2)

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Questions?

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Thank You For Your Attention

[email protected]

204-479-0594

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mailto:[email protected]

Documents

Regulatory and Operational Hot Topics Part 1 TOPICS PRT 1 by E Ratzla… · CARs, where the competency of flight crews and the validity of training programs are confirmed by means