Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014

Everything I will say and all information included my presentation is either cited/referenced material from other sources or my personal opinion and does not necessarily reflect any of the organisations I am associated with.

“It is inconceivable to imagine a world without aviation.

Moreover, it is almost impossible to imagine a world of

aviation without safety regulation” (BARTSCH, R.I.C., 2012. International Aviation Law, Ashgate)

How safe is the Commercial Air Transport now?

http://youtu.be/IgDyhvXW8jM

How did we achieve this success?

http://youtu.be/IgDyhvXW8jM�

Where:

• Airline passengers buy tickets based on airline’s safety record and their own judgement.

• Airlines buy aircraft designed and produced based on industry standards rather than enforceable regulations.

• Airlines choose maintenance service providers based on industry standards and their performance.

Can you imagine a world with no REGULATORS?

The Question is: Does current regulatory framework, which sometimes can be bureaucratic and costly, hinder innovation but not add much value from safety perspective?

STAKEHOLDERS

Source: CAP 784 – State Safety Programme for United Kingdom

THE BIG PICTURE – A REGULATOR’S PERSPECTIVE

“No transportation system has figured out a way of becoming even safer than 10 ˉ⁷” Sidney Dekker 2005

During aircraft design and certification, as part of the system safety assessment, what is the

acceptable probability for catastrophic events?

10¯ 9

SO WHAT IS THE REASON FOR THE GAP IN SAFETY PERFORMANCE?

DESIGNED SAFETY vs ACHIEVED SAFETY

http://vimeo.com/60864918

AN ARGUMENT FOR REGULATION

http://vimeo.com/60864918�

CONSEQUENCES OF OVER-REGULATION

COMPETING/CONFLICTING GOALS

National Regulations


ICAO

UK CAA

Federal Aviation Administration

(FAA)

German LBA

Spanish AESA

Irish IAA

Italian ENAC

Kenyan CAA

Chinese CAAC

Japanese MLIT

Australian CASA

Brazilian ANAC

Canadian TCCA

European Aviation Safety Agency (EASA) Federal

Aviation Regulations

Implementing Rules (CS’s, Part 21, M, 145,

66, 147, Part OPS)

EC Parliament / Council

Regulations

Air Navigation Order (ANO)

CAP 747

Annexes (SARP’s)

UAE GCAA




Indian DGCA

Bahrain CAA Qatar

CAA


BASA






French DGAC





Russian FAAT


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)


NAA (CA)



Hong Kong CAD


Singapore CAA

South African

CAA


Convention on International Civil Aviation (also known as Chicago

Convention), was signed on 7 December 1944 by 52 States.

ICAO came into being on 4 April 1947.

In October of the same year, ICAO became a specialized agency of

the United Nations linked to Economic and Social Council

(ECOSOC).

Chicago Convention – Currently 9th Edition dated 2006

International Civil Aviation Organization - ICAO

General Assembly

• 192 Countries

• Meets every 3 years

Council

• President – Dr. Olumuyiwa Benard Aliu (Nigeria)

• Adopts and incorporates SARP’s as Annexes to the Convention

Secretary General

• Raymond BENJAMIN (France)



http://www.icao.int/Assembly37�

(http://www.icao.int/Meetings/a38/Pages/default.aspx)


http://www.icao.int/Meetings/a38/Pages/default.aspx�

Source: http://www.icao.int/Newsroom/Pages/mbm-agreement-solid-global-plan-endoresements.aspx


http://www.icao.int/Newsroom/Pages/mbm-agreement-solid-global-plan-endoresements.aspx�

Source: http://www.icao.int/Newsroom/Pages/mbm-agreement-solid-global-plan-endoresements.aspx

38th ICAO Assembly: Summary of Major Developments Safety Still Paramount In the Safety domain, the 38th ICAO Assembly reiterated global aviation’s first and guiding commitment is to reduce the rate and number of accidents worldwide. It also confirmed this work will now be guided by incremental targets established in a revised ICAO Global Aviation Safety Plan (GASP) which received strong Assembly endorsement. The revised GASP gives ICAO a clear mandate to continue driving greater transparency, collaboration and responsiveness in safety improvement through real-time analysis and reporting cycles and greater regional accountability. It also sends a strong message that collaboration and partnership on air transport’s sector-wide safety challenges remains essential to delivering positive results. Based on further Assembly support it received, ICAO will be furthering these efforts in the years to come through more intensive engagement with all regional players, and the sensible protection and sharing – where appropriate – of critical safety information.

http://www.icao.int/WACAF/AFIRAN08_Doc/gasp_en.pdf

http://www.icao.int/safety/SafetyManagement/Documents/Global%20Aviation%20Safety%20Plan%20Highlights_en.pdf

http://www.skybrary.aero/bookshelf/books/2427.pdf

http://www.icao.int/safety/Documents/ICAO_2013-Safety-Report_FINAL.pdf


http://www.icao.int/Newsroom/Pages/mbm-agreement-solid-global-plan-endoresements.aspx�

http://www.icao.int/WACAF/AFIRAN08_Doc/gasp_en.pdf�

http://www.icao.int/safety/SafetyManagement/Documents/Global Aviation Safety Plan Highlights_en.pdf�

http://www.skybrary.aero/bookshelf/books/2427.pdf�

http://www.icao.int/safety/Documents/ICAO_2013-Safety-Report_FINAL.pdf�





STANDARDS & RECOMMENDED PRACTICES (SARP’s)

• A Standard is defined as any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as necessary for the safety or regularity of international air navigation and to which Contracting States will conform in accordance with the Convention; in the event of impossibility of compliance, notification to the Council is compulsory under Article 38 of the Convention.

• A Recommended Practice is any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as desirable in the interest of safety, regularity or efficiency of international air navigation, and to which Contracting States will endeavour to conform in accordance with the Convention. States are invited to inform the Council of non-compliance.


M A K I N G

S A P R s


Universal Safety Oversight Audit Programme • Under the Convention on International Civil Aviation, the implementation of SARPs

lies with Contracting States. The Programme consists of regular, mandatory, systematic and harmonized safety audits carried out by ICAO in all Contracting States.

• The ultimate goal of the ICAO Universal Safety Oversight Audit Programme (USOAP), launched in January 1999 in response to widespread concerns about the adequacy of aviation safety oversight around the world, is to promote global aviation safety through the regular auditing of safety oversight systems in all ICAO Contracting States.

• The audit teams also determine the State's level of implementation of safety-relevant ICAO Standards and Recommended Practices (SARPs), associated procedures, guidance material and practices.

Source: http://www2.icao.int/en/ssa/soa/usoap/Pages/default.aspx


http://www2.icao.int/en/ssa/soa/usoap/Pages/default.aspx�










Universal Safety Oversight Audit Programme • Statistics highlight the fact that effective implementation of certain critical

elements of a safety oversight system and other ICAO provisions is critical to aviation safety.

• The mandatory programme entails some 40 safety oversight audits annually, with each ICAO member State required to host an audit at least once every six years. The second cycle of USOAP audits commenced in January 2005 and will continue until December 2010.

• Safety oversight audit reports and other safety-related information are available at the ICAO Flight Safety Information Exchange (FSIX) website.

Source: http://www2.icao.int/en/ssa/soa/usoap/Pages/default.aspx


http://www.icao.int/fsix/auditRep1.cfm�


Source: ICAO Journal – Issue 04 – 2010


Source: http://www.sae.org/iaqg

http://www.sae.org/iaqg�

•Audits •Inspections

• Financial Penalty • Suspension or

Revocation of Approvals

• Products vs Organisations

• Organisations within EU and outside

• Hard Law vs Soft law • NPA – CRT

Rulemaking Certification

Oversight Enforcement

“Laws are like sausages, it is better

not to see them being made.”

Otto von Bismarck

Development of New Standards /

Regulations or

Amendment of Existing Standards /

Regulations

New Technology (MEA / MCA i.e. B787, A380, A350)

Accident Investigation (i.e. NTSB Most Wanted List)

New Operational Requirements (ACAS/RVSM i.e. Installation of new

equipment)

EU / EASA – Regulations Structure

If the published document is an Agency Opinion, the decision-making process

continues outside of EASA’s remit. The responsibility now lies with the

European Commission. The decision for adoption or further amendment of

the rule will be taken in the so-called comitology procedure.

Most EASA Opinions are handled through the comitology procedure.

Amendments to the Basic Regulation, however, are handled by the Council

and the EU Parliament. They do not go through comitology procedure.

Source: http://www.easa.europa.eu/rulemaking/rulemaking-directorate.php


http://www.easa.europa.eu/rulemaking/rulemaking-directorate.php�



Source: http://www.easa.europa.eu/rulemaking/annual-programme-and-planning.php



http://www.easa.europa.eu/rulemaking/annual-programme-and-planning.php�







Source: http://www.easa.europa.eu/agency-measures/docs/agency-decisions/2012/2012-013-R/4-Year%20RMP%202013-2016.pdf

EU / EASA – Rulemaking Programme (2013-2016)


http://www.easa.europa.eu/agency-measures/docs/agency-decisions/2012/2012-013-R/4-Year RMP 2013-2016.pdf�













Source: http://www.easa.europa.eu/agency-measures/docs/agency-decisions/2013/2013-029-R/Revised%204-year%20RMP%20(2014-2017)%20-%20Detailed%20view.pdf

EU / EASA – Rulemaking Programme (2014-2017)

http://www.easa.europa.eu/agency-measures/docs/agency-decisions/2013/2013-029-R/Revised 4-year RMP (2014-2017) - Detailed view.pdf�

EU / EASA – Rulemaking Process

On a scale of 1 to 5, do you think SMS is ...... 1 – UNNECESSARY BURDEN

5 - PANACEA

Should incentives be used for ‘SAFETY PERFORMANCE TARGETS’

as well as commercial KPI’s?

YOU CAN SUBMIT YOUR COMMENTS & QUESTIONS ANONYMOUSLY THROUGHOUT THIS SESSION

PLEASE GO TO www.pollev.com &

FIRST TYPE ‘469799’ AND THEN CONTINUE WITH YOUR COMMENTS

THEY WILL BE REVIEWED AND SHARED LATER ON

Do you think SMS is/has ...

1 Unnecessary Burden 456826 2 Bureaucratic 456827 3 Limited Benefits 456829 4 Absolutely Necessary 456830 5 Panacea 456831

PLEASE GO TO www.pollev.com & TYPE THE CODE BELOW & SUBMIT YOUR VOTE

Should incentives be used for ‘SAFETY PERFORMANCE TARGETS’ as well as commercial KPI’s?

461545 - YES 461546 - NO

PLEASE GO TO www.pollev.com & TYPE THE CODE BELOW & SUBMIT YOUR VOTE

Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014

Education

Transcript of Everest Events - EASA & Continuing Airworthiness Seminar - 29 apr 2014