Regulations

On overview of the regulations with which all of the aviation industry must comply.

International Civil Aviation Organization (ICAO)

On 7 December 1944, the majority of the world's nations became signatories to the "Chicago Convention", the aim of which was to assure the safe, orderly and economic development of air transport. ICAO sets out, in the terms of the convention, the rules, regulations and requirements to which each signatory must adhere.

UK compliance with ICAO requirements

The Civil Aviation Act 1982 is the UK's means of discharging its ICAO responsibilities. This legislation required the creation of the CAA. The Air Navigation Order (ANO) is the law that empowers us to carry out our duties.

The creation of the European Aviation Safety Agency (EASA)

EASA became operational on 28 September 2003. It is an independent legislative body under European law, accountable to the Member States and the European Union institutions. EASA itself is not an ICAO signatory because it does not constitute a State; however, it works closely with ICAO and the Federal Aviation Administration (FAA) with the aim of harmonising standards and promoting best aviation practice worldwide.

The creation of EASA has had a significant impact upon UK Registered aircraft. EASA has assumed responsibility for the type-certification and continued airworthiness of a large number of UK registered aircraft.

During the next few years, the agency will extend its responsibility to aircraft operations, crew licensing and the certification of non-Member State airlines.

The list of specific EASA and non-EASA aircraft types is contained in CAP 747 - "Mandatory Requirements for Airworthiness". CAP 747 also provides a statement of the general categories of aircraft that are excluded from European Regulations and so remain subject to National rules.

Commission Regulation (EEC) No. 3922/91 Annex III (EU-OPS)

As of 16 July 2008, EU-OPS applied to all aeroplanes operated by European Community Member States' operators. The EU-OPS requirements apply to all EU operators of aeroplanes flying for the purpose of commercial air transportation. The EU-OPS requirements supersede the ANO in these relevant areas and the objective is to reflect these changes so far as necessary in the ANO. EU-OPS does not apply to helicopters.

The Regulation aims in particular to enhance aviation safety and promote a level playing field in commercial air transportation within the European Union. The Regulation transposes the non-binding Joint Aviation Requirements (JAR-OPS) established by the Joint Aviation Authorities at non-binding inter-authority level into a binding Community legislative act.

 


 

Airworthiness Regulations

EASA-REGULATED AIRCRAFT

NATIONALLY-REGULATED AIRCRAFT

Regulation (EC) No. 216/2008, Articles 2 and 4 splits aircraft into those deemed subject to EASA or to National legislation.

Regulation (EC) No. 1702/2003 was developed from JAA JAR 21, and is often referred to as "Part 21". Part 21 Subpart H concerns the approval of Design and Production organisations and procedures for the issue of Certificates of Airworthiness. Subpart I addresses the subject of Noise Certificates, Subpart M deals with repairs etc.

Regulation (EC) No. 2042/2003 covers continued airworthiness regulation, continuing airworthiness management organisations, engineer training and licensing and approval of Maintenance Organisations.

CAP 393 - "Air Navigation: The Order and the Regulations"
Empowers the CAA and is law, providing legal definitions of activities etc. It is split into parts, each one dealing with a particular subject. Parts are composed of Articles and Schedules:

  • Articles are individual points of law
  • Schedules are implementation lists for Articles

British Civil Airworthiness Requirements (BCARs)
These are not law in themselves, but do provide information on how to comply with UK requirements which are law. Split into two volumes, Section A relates to aircraft types where the CAA has primary type responsibility Section B deals with those types where EASA has primary responsibility.

CAP 747
All UK-registered aircraft holding a Certificate of Airworthiness must comply with CAP 747 - "Mandatory Requirements for Airworthiness". UK-registered Permit to Fly aircraft must comply with CAP 661 - "Mandatory Permit Directives".

Operational Regulations

CAP 393- "Air Navigation: The Order and the Regulations

  • The Air Navigation Order
  • The Rules of the Air Regulations
  • The Air Navigation (General) Regulations
  • The Air Navigation (Dangerous Goods) Regulations

EU-OPS (Council Regulation (EEC) No. 3922/91 Annex III) sets harmonising rules for commercial air transport by aeroplanes.

TGL-44 provides guidance material for use with EU-OPS and is derived from JAR-OPS 1 Section 2 material plus the seven NPAs incorporated after the publication of JAR-OPS 1 Amendment 13.

JAR-OPS 3 prescribes the requirements applicable to the operation of any civil helicopter for the purpose of commercial air transportation by any operator whose principle place of business is in a JAA Member State.

Future Operational Regulations

EASA Implementing Rules will introduce technical requirements for all aircraft involved in commercial and non-commercial operations and will supersede EU-OPS and JAR-OPS 3 by 8 April 2012.

The following presentation was presented by EASA Rulemaking Staff at the Workshop held at Gatwick on 20-21 January 2009: