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67

Chapter 5Flight Crew Licensing

INTRODUCTION

5.1 Requirement. The Learning Objectives and the Syllabus for 010 Air Law require the student to have knowledge of the SARPS detailed in Annex 1 (Personnel Licensing). However, the EASA requirement for Flight Crew Licensing is contained in JAR-FCL and there are questions in the CQB relating to JAR-FCL. Where there are JAR differences from Annex 1, these will be highlighted.

5.2 International Standard. Each Annex to the Chicago Convention includes a supplement, which is a summary of the changes notified by each state (in alphabetical order) under article 38 of the convention. The supplement for Annex 1 is the biggest of all the annex supplements and signifies the disparity in flight crew licensing around the world. It must be stated that the FAA, the JAA and certainly the UK CAA have not, and never have, adopted the requirements of Annex 1 (crew licensing and medical requirements) as a standard. Each authority has specific rules, to which, JAR-FCL is the JAA standard applied in Europe. It must be emphasised that the inclusion of information from Annex 1 in this manual is for information only (to enable you to pass the exam) and must not be relied upon for any matters relating to the issue of, or maintenance of your flight crew licence.

5.3 European Standard. The licensing of pilots (also Flight Engineers) to JAR requirements is in accordance with the requirements of JAR-FCL parts 1, 2 3 and 4.

JAR-FCL 1 covers the licensing of pilots of aeroplanes JAR-FCL 2 covers the licensing of helicopter pilots JAR-FCL 3 covers the medical requirements for licensing of aircrew JAR-FCL 4 covers the licensing of Flight Engineers (Systems Panel Operators)

DEFINITIONS

5.4 Definitions. When the following terms are used in the standards and recommended practices of Annex 1, they have the following meanings:

5.5 Pilot-in-Command (PIC). The PIC is the pilot who is responsible for the safety of the aircraft and compliance with the rules of the air, during flight time.

5.6 Commander. A pilot designated by the operator who is qualified as PIC, who may delegate the responsibility for the conduct of the flight to another qualified pilot.

5.7 Co-pilot. A licensed pilot serving in any capacity other than PIC but excluding a pilot who is on board for the sole purpose of receiving instruction.

5.8 Flight Time. The total time from the moment an aircraft first moves under its own power for the purpose of taking off until it comes to rest at the end of the flight (synonymous with ‘block to block’ or ‘chock to chock’).

5.9 Instrument Ground Time. Time during which a pilot is practising, on the ground, simulated instrument flight in a synthetic flight trainer (see def) approved by the authority.

5.10 Rating. An authorisation entered on or associated with a licence and forming part thereof, stating special conditions, privileges or limitations pertaining to such a licence.

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Chapter 5 Flight Crew Licensing

5.11 Synthetic Flight Trainer. Any one of the following three types of apparatus in which flight conditions are simulated on the ground:

Flight Simulator, which provides an accurate representation of the flight deck of a particular aircraft type to the extent that the mechanical, electrical, electronic, etc. aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated;

Flight Procedures Trainer, which provides realistic flight deck environment and which simulates instrument responses, simple control functions of mechanical, electrical, electronic, etc. aircraft systems and the performance and flight characteristics of aircraft of a particular class;

Basic Instrument Flight Trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions.

GENERAL RULES CONCERNING LICENSING

5.12 Authority to Act as Flight Crew. A person shall not act as a flight crewmember of an aircraft unless a valid licence is held showing compliance with the specifications of Annex 1 and appropriate to the duties to be performed by that person. The licence shall have been issued by the State of Registry of that aircraft or by any other Contracting State and rendered valid by the state of Registry of that aircraft.

5.13 Re-issue of a JAA Licence. The period of validity of a JAA licence is 5 years. Within this period, the licence will be re-issued by the appropriate JAA authority under the following conditions:

After initial issue or renewal of a rating When paragraph xii. of the licence document is full For any administrative reason At the discretion of the JAA member State Authority when a rating is re-

validated

5.14 Rendering a Licence Valid. A Contracting State may validate a licence issued by another authority, with the proviso that the period of validity is not to extend beyond the original period of validity of the licence. A JAA licence (and associated ratings etc…) issued in accordance with JAR-FCL is to be accepted without further formality in any other JAA member state.

5.15 Validation of a non JAA licence for use in a JAA state. A non JAA licence that includes an instrument rating (IR) may be validated for use in a JAA state for a period not exceeding one year providing the basic licence remains valid in the state of licence issue.

5.16 Credit of Experience. The holder of a non-JAA licence may be credited with theoretical knowledge and/or flying experience at the discretion of the JAA member state authority towards the issue of a comparable JAA licence by that member state.

5.17 Privileges of a Licence. A pilot licence issued by a State grants the holder the privilege to act as a pilot in aircraft registered in that state. A licence (or rating) holder is not permitted to exercise privileges other than those granted by the licence or rating.


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Chapter 5Flight Crew Licensing

5.18 Medical Fitness. The holder of a licence is to hold a medical assessment certificate issued in accordance with the requirements of Annex 1 Chapter 6 (Medical Provisions for Licensing) or in the case of a JAA licence, JAR-FCL part 3. Holders of licences are not to exercise the privileges of their licences if they are aware of any decrease in medical fitness standard (either physical or mental). Licence holders are not to act in any capacity under their licence whilst under the influence of any psychoactive substance. Licence holders are not to engage in any problematic use (or abuse) of substances. Licence holders should seek the advice of an approved aeromedical examiner (AME) before taking any medication over a prolonged period.

5.19 Validity of Licences. A licence (or rating) is only valid if the necessary ratings or certificates (including a medical certificate) are also valid. A licence or rating holder is to maintain competence and meet the requirements for recent experience required by the licence or rating, including the maintenance of a current medical assessment.

5.20 Validity of Ratings. A licence that includes a rating is only valid as long as the rating remains valid. The periods of and methods of maintaining a rating are as follows:

5.21 Instrument Rating (IR). An IR is valid for a period of 12 months. It may be renewed during the last three months of the period of validity of the rating. If an instrument rating test for renewal of a rating is failed, the current IR is cancelled.

5.22 Normal Residency. The JAA consider 185 days per year to be required in a JAA country in order to claim residency. 5.23 Class and Type Ratings. Multi engines class ratings and Type ratings are valid for 12 months. Single pilot single engine class ratings (including touring motor glider rating) are valid for 2 years. Ratings are valid from the date of issue, or the date of expiry if re-validated within the validity period. The method of renewal of ratings is by passing a pilot proficiency (skill) test.

5.24 Medical Report Periods. Reports of medical fitness are to be submitted at intervals not greater than:

CPL(A)/ATPL(A) - Class 1:ICAO and JAA: 12 months to age 60 (age 40 if engaged in single pilot operations), then 6 months thereafter.

MPL - Class 1: ICAO: 12 months to age 60, then 6 months thereafter.

PPL(A)- Class 2: ICAO: 6 0 m o n t h s t o a g e 4 0 , t h e n 2 4 m o n t h s t h e r e a f t e r

(recommended 12 months after age 50) JAA: 60 months to age 40, then 24 months to age 50, then 12 months

thereafter.

5.25 Medical Examination Deferment. Annex 1 permits a licence holder is operating in a remote area where medical examination facilities do not exist, at the discretion of the authority. It must be stressed that this is not a JAA acceptable procedure and a pilot exercising the privileges of a JAA licence must have a valid medical certificate in accordance with JAR-FCL-3. The ICAO requirement for a medical examination may be deferred as follow:

For a period of 6 months for aircrew not engaged in commercial aviation. Two consecutive periods of three months for aircrew engaged in commercial

air transport providing a favourable report is obtained after examination or where no approved medical examiner is available a favourable report from a medical practising physician. Such a report is to be sent to the authority of the


91

Chapter 6Rules of the Air

HISTORY

6.1 Education. The rules of the air, like the rules of the road, have evolved as aviation has advanced. Initially, aircraft flew without radios (radio hadn’t been invented or when it had, there wasn’t an aeroplane big enough to carry the equipment!). Simple rules evolved to attempt to reduce the risk of collisions. Remember, in 1920 an aeroplane flying at 80 or 90 kts was travelling at a previously unimagined speed. Visual signals were required at aerodromes to convey information to pilots and procedures evolved to allow orderly flight in the vicinity of aerodromes and to permit visual navigation en-route. Between the 1920’s and WWII, individual states passed legislation to enforce the rules that had become established in those states. With the expansion of commercial aviation during and after the war, the need for standardisation in the rules was evident and this was one topic that was seriously addressed at Chicago in 1944.

APPLICABILITY OF THE RULES OF THE AIR

6.2 Annex 2. Annex 2 of the Chicago Convention details the ICAO Rules of the Air. As mentioned above, the rules were primarily written in the early days for non-radio traffic and some of the requirements may now seem out of date. However, there is still a considerable amount of non-radio traffic in general aviation and those airmen are equally entitled to the protection afforded to commercial air transport, and of course, there is always the possibility of communication failure. The ICAO Rules of the Air apply to aircraft bearing the nationality and registration marks of an ICAO Contracting State, wherever they may be, providing they do not conflict with the rules published by the State having jurisdiction of the territory overflown. The ICAO Council resolved in adopting Annex 2 in April 1948 and Amendment 1 in November 1951, that the ICAO Rules apply without exception over the high seas. (High Seas are defined as the areas of sea outside the territorial limits of any State.) When an aircraft is flying within the airspace of the state of registration, the rules of the air of that state (in the UK as published in CAP393 - The ANO) are applicable. Indeed, for a UK registered aeroplane, the UK rules apply wherever the aeroplane is flown providing there is no confliction with local rules. Where a UK registered aircraft is flying over a foreign state, the rules of the air of that state apply. Do not confuse Rules with Law! The application of the rules can be summarised thus:

UK registered aircraft over the UK - UK rules apply UK registered aircraft over France - French and UK rules apply (French have

priority) UK registered aircraft over the high seas - ICAO rules apply without exception

6.3 Applicable Rules. The operation of an aeroplane either in flight or on the movement area of an aerodrome is to be in accordance with the general rules and, when in flight, either:

The visual flight rules (VFR), if the aircraft is flown in visual meteorological conditions (VMC)or

The instrument flight rules (IFR)

6.4 IFR or VFR? A pilot may elect to fly in accordance with the Instrument Flight Rules in VMC (he/she may be required to do so by the ATS Authority in certain circumstances). A pilot must fly in accordance with the IFR in IMC. If a pilot elects to fly VFR he/she must do so only where VMC exist.


92

Chapter 6 Rules of the Air

6.5 Visual Meteorological Criteria. To fly under VFR, the visual meteorological criteria (VMC) must exist. This is defined by altitude (or Flight Level); flight visibility (the forward visibility from the flight deck of an aeroplane in flight), and distance (horizontally and vertically) from cloud, for the relevant classes of airspace. Classes of airspace are discussed fully in Chapter 14 - Airspace but basically, specify what rules are permitted and what type of control (if any) is applied by the Air Traffic Service. It is imperative that you know the VMC.

FL100 or 10 000ftAt and above

Below

8km

Flight Visibility

Flight Visibility

5km

1000ft (300m)

1000ft (300m)

1500m

1500m

CLASSES A; B; C; D and E airspace

At and aboveFL100 or 10 000ftBelow

Flight Visibility

8km

5km

Flight Visibility

3000ft

1000ft (300m)

1000ft (300m)

1500m

5km*

Clear of cloud and in sight of the ground (CCISG)* Visibility may be reduced commensurate with aircraft speed

CLASSES F and G airspace

Distances From Cloud – As Above

FL100 or 10 000ftAt and above

Below

8km

Flight Visibility

Flight Visibility

5km

1000ft (300m)

1000ft (300m)

1500m

1500m

CLASSES A; B; C; D and E airspace

At and aboveFL100 or 10 000ftBelow

Flight Visibility

8km

5km

Flight Visibility

3000ft

1000ft (300m)

1000ft (300m)

1500m

5km*

Clear of cloud and in sight of the ground (CCISG)* Visibility may be reduced commensurate with aircraft speed

CLASSES F and G airspace

Distances From Cloud – As Above

Figure 6.1:

Figure 6.2:


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Chapter 6Rules of the Air

6.6 VMC Criteria Classes A, B, C, D and E Airspace. At and above 10,000 ft (FL100) the flight visibility requirement is 8 km with 300m (1000 ft) vertically, and 1500m horizontally from cloud. Below 10,000 ft (FL100) the flight visibility requirement is reduced to 5km.

6.7 VMC Criteria Classes F and G Airspace. At and above 10,000 ft (FL100) the flight visibility requirement is 8 km with 300m (1000 ft) vertically, and 1500m horizontally from cloud. Below 10,000 ft (FL100) but above 3,000 ft, the flight visibility requirement is reduced to 5km. Below 3,000 ft AMSL and within 1,000 ft of the surface (where surface elevation is above 3,000 ft) the flight visibility remains 5km but VMC would exist if the aircraft was clear of cloud and within sight of the surface.

6.8 Pilot-In-Command Responsibilities. Definitions:

Commander: A designated pilot amongst the flight crew who is qualified as Pilot-In-Command who may delegate the conduct of the flight to another qualified pilot.

Pilot-In-Command (PIC): A pilot who is responsible for the operation and safety of the aeroplane during flight time.

Pilot Flying (PF): The pilot, who for the time being, is in charge of the controls of the aeroplane.

Pilot not Flying (PNF): The pilot who is assisting the pilot flying in accordance with the multi-crew co-operation concept, when the required flight crew is more than one.

6.9 Responsibilities. The commander is responsible for compliance with the Rules of the Air. This applies whether or not he/she is at the controls. The commander has, however, the overriding right to depart from the rules if it is absolutely necessary to do so in the interests of safety. The commander is responsible also for planning the flight. In doing so he/she will study all available weather reports and forecasts, and considering fuel available, will plan an alternative course of action. The commander of an aeroplane has the final authority as to the disposition of the aircraft whilst in command.

6.10 Intoxicating Liquor, Narcotics or Drugs. No person is to pilot an aircraft, or act as a flight crew member of an aircraft, whilst under the influence of intoxicating liquor, any narcotic or drug, by reason of which that person’s capacity to act is impaired. ICAO does not lay down any restrictions or maximum blood/alcohol levels for aircrew. However, JAR OPS-1 does. Aircrew are not permitted to exercise the privileges of their licences with a blood/alcohol level exceeding 0.2 promille (20mg/100ml) about one quarter of the UK driving limit. ICAO clearly states that no person may act as aircrew if he/she is under the effect of any psychotropic substance. As professional pilots, you are expected to behave in an adult manner commensurate with the responsibility placed on your shoulders concerning the safety of the passengers in your care. This is an onerous duty which, if it is abused, will result in the full force of the law being applied if you are found negligent in that duty.

GENERAL RULES

6.11 Minimum Heights. Except when necessary for take off or landing, or except by permission of the appropriate authority, aircraft shall not be flown over the congested areas of cities, towns or settlements or over an open-air gathering of persons, unless at such a height as will permit, in the event of an emergency arising, a landing to be made without undue hazard to persons or property on the surface. No specific heights are mentioned and this rule should not be confused with the minimum height rules for IFR or VFR.

Note: The term “aircraft level” is used generally to mean flight level; altitude, or height.


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Chapter 6 Rules of the Air

An aircraft must be flown at a height from which, in the event of an emergency, a landing can be made without undue hazard to persons or property on the surface

Minimum Height

6.12 Cruising Levels. For flights at or above the lowest usable flight level or where applicable, above the transition altitude, flights shall be conducted in terms of flight levels. For flights below the lowest usable flight level or where applicable, at or below the transition altitude, flights shall be conducted in terms of altitude.

Figure 6.3: An aircraft must be flown at a height from which, in the event of an emergency, a landing can be made without undue hazard to persons or property on the

surface.

© K Boxall

Figure 6.4:


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