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THE REPUBLIC OF SUDAN SUDAN CIVIL AVIATION AUTHORITY

(SCAA)

AIR OPERATORS CERTIFICATION

OPERATIONS INSPECTORS HANDBOOK

First Edition April 2012

Sudan Civil Aviation Authority Inspectors Handbook

April 2012 2 Rev 01

INTENTIONALLY LEFT BLANK


April 2012 3 Rev 01

THE REPUBLIC OF SUDAN SUDAN CIVIL AVIATION AUTHORITY

(SCAA)

Air Operators Certification Operations Inspectors Handbook

Approved and published under the Authority of Eng. Mohamed Abdelaziz Ahmed; Director General of Sudan civil Aviation Authority

Khartoum April 2012


April 2012 4 Rev 01

FOREWORD This Air Operators Certification Procedures Manual (AOC PM) has been prepared with the aim of providing both potential applicants for an Air Operator Certificate (AOC) and the Sudan Civil Aviation Authority Inspectors a standardized and harmonized guidance leading to the successful certification of prospective air operators. This Manual is designed to be used in conformity with the applicable air operator certification regulations, standards and requirements that are contained in Sudan Civil Aviation regulation (SUCAR) Part 6 and specifically SUCAR Part 6, Subparts 1 and 2 that has been developed and promulgated in accordance to the laws of the Republic of Sudan. Additional information is contained in the “Air Operators Certification Procedures Manual” that is published under my authority to provide detailed information on the procedures and processes that ought to be followed in the certification and surveillance of air operators. The three SCAA documents namely: SUCAR Part 6, Subparts 1 and 2; Air Operator certification Procedures Manual and this Inspectors handbook have been developed and published with the aim of facilitating the process of the issuance of an Air Operator Certificate (AOC) while ensuring the safety and efficiency of the air transport system in Sudan. Sudan Civil Aviation Inspectors, to whom this manual is directed are also supported by the detailed checklist which forms part of this manual and the collection of Manuals on the subject. Together, they represent, regulatory, quasi-regulatory and procedural guidance material that can be equally used and referred to by SCAA Inspectors as well as potential and existing air operators. Comments and feedback on the manual, including recommendations for amendment action are invited and should be forwarded to Director, Safety and Standards Management Office, Sudan Civil Aviation Authority. This AOC Procedures Manual has been approved and published under my authority.

Eng. Mohamed Abdelaziz Ahmed Director General Sudan Civil Aviation Authority Blue Nile Avenue, P. O. Box 430, Khartoum, Sudan


April 2012 5 Rev 01

LIST OF AMENDMENTS

No Date applicable Date Entered Entered by


April 2012 6 Rev 01

TABLE OF CONTENTS

LIST OF AMENDMENTS TABLE OF CONTENTS FOREWORD CHAPTER 1 – GENERAL INFORMATION 1.1 Handbook Organization, Use, and Revision 1.2 Responsibilities of the Operator 1.3 Requirements for the Issuance of an AOC 1.4 Definitions 1.5 Abbreviations 1.5 Air Operator Certification Process 1.6 Application Processing Time

CHAPTER 2 – ADMINISTRATION 2.1 Introduction 2.2 Functions of the Flight Operations Department 2.3 Duties of Flight Operations and Airworthiness Inspectors 2.4 Qualifications of the Inspectorate Staff 2.5 Empowerment and Authorization of Inspectors 2.6 Operator’s Liability 2.7 Conduct of Inspectors 2.8 Attendance Records 2.9 Access to Restricted Area 2.10 Correspondence 2.11 Internal and External Communication 2.12 Operators Under Investigation for Alleged Breaches of Regulations 2.13 Breaches of Legislation 2.14 Detention of Aircraft 2.15 Liaison with Authorities on Detention of Aircraft 2.16 Assistance to Aircraft Accident Investigation Organizations 2.17 Signature Authorization 2.18 The OPS Directorate Quality System Appendix A to Chapter 2: Functional Responsibilities Appendix B to Chapter 2: CHAPTER 3 – APPROVALS, PERMISSIONS, EXEMPTIONS, VARIATIONS AND DIRECTIONS 3.1 Introduction 3.2 Exemptions, Permissions and Approvals – General 3.3 Administration of Exemptions, Permissions and Approvals 3.4 Flight Time Limitations 3.5 Navigation Approvals 3.6 Leasing 3.7 Simulator Approvals 3.8 Approval of Aircraft Emergency Apparatus and Personnel Conducting Training and testing with such

Apparatus 3.9 Authorized Examiners 3.10 Crew License and other Training Courses 3.11 Extended Range Twin Engine Operations (ETOPS)


April 2012 7 Rev 01

3.12 Dangerous Goods and Munitions of War 3.13 Permission not to Carry Aircraft Flight Manuals

CHAPTER 4 – DECISION REVIEW PROCEDURES 4.1 Regulatory Review 4.2 Preparation for the Review 4.3 Conduct of a Hearing 4.4 Decision of Board members 4.5 Effects of decisions to Refuse or Revoke a License 4.6 Procedures within the Flight Operations Directorate 4.7 Regulation Procedure Checklist

ATTACHMENT ATTACHMENT 1: Aircraft Operations Inspectors Checklist


April 2012 8 Rev 01

CHAPTER 1 – GENERAL

1.1 HANDBOOK ORGANIZATION, USE, AND REVISION 1.1.1 Applicability This Handbook provides guidelines for Sudan Civil Aviation Authority (SCAA), Aircraft Operations

Inspectors responsible for the certification and surveillance of air transport service providers that conduct air transport operations in conformity with Sudan Civil Aviation Regulations (SUCARs) and specifically SUCAR Part 6, Subparts 1 and 2 and other related regulations.

1.1.2 Background The Handbook has been designed as a multi-purpose document to serve the needs of new

inspectors entering the SCAA Flight Standards workforce, as well as those of experienced inspectors. The Handbook covers a range of subjects required to be addressed during the initial certification of prospective operators to the conduct of surveillance of approved air operators to ensure that the standard demonstrated during initial certification is maintained at all times.

1.1.3 Standardization and coordination An important objective of the SCAA is the standardization of the Inspection staff functions. Hence, any

revision to the Handbook must be preceded by formal coordination among all Directorates (OPS/AIR/PEL, etc.), as applicable. The Flight Operations Directorate of the Safety and Standards Management Office has the primary responsibility to ensure that appropriate cooperation has been undertaken between all relevant Directorates, respecting amendments and revisions of this Handbook.

1.1.4 Direction and Guidelines. A deliberate attempt has been made to provide sufficient direction and

guidelines in the Handbook to standardize the functions of the Inspectorate staff without stifling the initiative of individual inspectors. Should inspectors find the direction and guidelines in the Handbook too restrictive in certain cases, they are required to bring it to the attention of their respective Directors for resolution.

1.1.5 Conflict with Other SCAA Orders or Directives. Such conflict may arise inadvertently or because all

orders cannot be practically revised simultaneously. In this case, the most recent order will be recognized. If, however, the order conflicts with a Sudan Civil Aviation Regulations (SUCAR), the SUCAR will take precedence. Inspectors should refer questions about such conflicts to the Director SSMO through their respective Directors.

1.1.6 Availability of Handbooks and Bulletins. The Handbook contains information intended for use by

SCAA Inspectors. However, it is also recognized that the aviation industry can benefit from the information contained in the Handbook, accordingly it is also made available to industry participants and any other individual who may be interested in the provision of air transport service in the Sudan. The Handbooks and other relevant SCAA documents are available for purchase through the SCAA Head Office in Khartoum.

1.1.7 Handbook Organization The Handbook has been designed, as much as possible, to be as comprehensive and easy to use. The

Handbook also contains references to SUCAR Part 6, Subparts 1 and 2; the Air Operator Certification Procedures Manual and other SCAA and ICAO Manuals, which may provide detailed information on the subject discussed. Document name, chapter, and section or paragraph number in a document would identify references to information contained in other SCAA Publications.


April 2012 9 Rev 01

1.2 PROVISIONS FOR AMENDMENTS 1.2.1 HANDBOOK AMENDMENTS 1.2.1.1 Amendment provisions for SCAA Regulations, quasi-regulatory documents and procedures are

contained in the Rule Making Manual. This handbook would also, in general follows the amendment procedures prescribed for SCAA procedural documents. However, individuals at all levels of the SCAA, as well as individuals and organizations involved in the aviation industry in Sudan, are encouraged to make suggestions for amendments to the Handbook.

1.2.1.2 The Handbook amendment process, beginning with initial recognition of a need for amendment and ending with the amendment’s final insertion in the Handbook, comprises the following three steps: a) Step 1 – Discovery: The need for an amendment may be discovered during a change in the

aviation industry, national or international regulatory bodies, the SUCARs and SCAA policies and procedures.

b) Step 2 – Development and Approval: Upon receipt of a recommendation for amendment, the safety and Standards Management Office would examine it and, if deemed warranted, establish priorities for the amendment. Thereafter , i t would fo l low the amendment process and procedures conta ined in the Rule making Manual.

c) Step 3 – Distribution: Amendments to the Handbook are distributed t o a l l h o l d e r s o f t h e M a n u a l according to the SCAA distribution system.

1.2.1.3 Recommendations for an amendment should be sent to the following address:

Sudan Civil Aviation Authority Safety and Standards Management Office P. O. Box 430 KHARTOUM SUDAN Tel.+249-183-527422

1.2.1.4 E-mail. Inspectors and managers may send recommendations for revision to the SCAA Head Office in

Khartoum by electronic mail (e -mail). The SCAA’s e-mail address is:

E-mail:[email protected]

website: www.caa-sudan.net

1.3 ABBREVIATIONS

AE Authorized Examiner AFM Aircraft Flight Manual AIP Aeronautical Information Publication AIR Airworthiness Directorate (SCAA) AMI Airworthiness Maintenance Inspector AOC Air operator certificate ATS Air Traffic Services CCO Chief Certification Officer CDL Configuration Deviation List CUU Compass Unreliable/Useless area DGCA Director General, Sudan Civil Aviation Authority ETOPS Extended Twin Engine Operations FDR Flight Data Recorder FO(D) Flight Operations Dangerous Goods Officer FOI Flight Operations Inspector FO(T) Flight Operations Training Officer FTL Flight Time Limitation


April 2012 10 Rev 01

ICAO International Civil Aviation Organization IRE Instrument Rating Examiners LRNS Long Range Navigation System MEL Minimum equipment list MNPS Minimum Navigations Performance Specifications MME Maintenance Management Exposition NOC No objection certificate NOTAM Notice To Airmen OIs Operations Inspectors OM Operations Manual OPS Flight Operations Directorate (SCAA) PAVE Permissions, Approvals, Variations and Exemptions PEL Personnel Licensing and Training Directorate (SCAA) POPS Prospective Operator’s Pre-assessment Statement RVSM Reduced Vertical Separation Minima SCAA Sudan Civil Aviation Authority SSMO Safety and Standards Management Office SUCARs Sudan Civil Aviation Regulations SARPs Standards and Recommended Practices TI Technical Instructions (Dangerous Goods) TRE Type Rating Examiners



CHAPTER 2 – ADMINISTRATION 2.1 INTRODUCTION 2.1.1 The Standards of the International Civil Aviation Organization (ICAO) are normally

implemented by State legislation, which is based on the principle that the operator is responsible for compliance with all statutory requirements and for the safety of flight operations.

2.1.2 The grant of a Certificate or other formal approval, and the work of the staff of the Sudan Civil Aviation Authority (SCAA) in that connection, will not be at variance with this general principle. However, the SCAA must be satisfied that an operator is, and remains, competent to secure a safe operation.

2.1.3 The assessment of an operator’s competence is based on inspections and audits carried out by the SCAA or other inspecting organization. The functions and organization of the SCAA's Flight Operations Directorate should be clearly laid down.

2.2 FUNCTIONS OF THE FLIGHT OPERATIONS DIRECTORATE 2.2.1 The Flight Operations Directorate of the SCAA, in coordination with the Aircraft Airworthiness Directorate

and other related Directorates has the responsibility to: a) oversee safety-related Standards and operational requirements of commercial air transport

operations in accordance with the Civil Aviation Safety Act, the relevant SUCARs, Procedures and guidance material developed by the SCAA.

b) examine the organization, staffing, equipment, maintenance, operations manuals and other arrangements of operators who apply for the grant of an Air Operator Certificate (AOC) and make appropriate recommendations, if the operator is considered competent to secure a safe operation.

c) inspect and report upon all aspects of the operations of AOC holders and to complete such other tasks in respect of foreign–registered aircraft as determined by the SCAA.

d) report any irregularity (including contravention of the terms and conditions of an AOC) that might be held to affect an operator’s competence and the safety of operations.

e) consider applications for and, if satisfied and appropriately authorized, to grant permissions, approvals, variations, exemptions and other documents to AOC holders in respect of their operations.

f) provided technical support to the Personnel Licensing Directorate to sanction appropriately qualified flight crew to be authorized examiners and to issue appropriate authorizations.

g) provide support as required to evaluate flight simulators leading to the granting of approvals for their use.

h) provide support to the Personnel Licensing Directorate to evaluate flight crew and cabin crew conversion and differences training and other courses and recommend the issuance of appropriate licenses.

i) regulate and control the safe carriage of dangerous goods and munitions of war in aircraft.

j) support the development and processing of new regulations and implement policy in relation to commercial air transport operations.

2.3 DUTIES OF FLIGHT OPE RATIONS AND AIRWORTHINESS INSPECTORS 2.3.1 Flight Operations Inspectors (FOI) The primary function of Flight Operations Inspectors is to assess the level of operational safety that

an operator should achieve or is currently achieving. FOIs are required to carry out the following duties in respect of operators to whom they have been assigned: a) conduct technical assessment related to the certification of an applicant for an AOC on the basis of

established regulations, procedures and guidance; b) make routine and special inspections and audits (checks) in accordance with established

regulations and procedures and guidance provided by the SCAA; c) submit a report on each inspection conducted together with a letter to the operator,



recording deficiencies identified during the inspection process, including recommendations for their resolution;

d) keep the Director of the OPS Directorate fully informed on all aspects of current operations and projected developments within the assigned companies;

e) examine and keep under continuous review all operations and training manuals and all other written instructions to operating staff to ensure that they are generally adequate and appropriate to the company’s operations and in compliance with the state legislation;

(f) ensure that all amendments to manuals are adequate and properly incorporated in the manuals held by the SCAA, as soon as possible after receipt.

2.3.2 Airworthiness/Maintenance Inspectors (AMI) Aircraft airworthiness/maintenance inspectors investigate the maintenance support arrangements

provided by AOC applicants and thereafter monitor their continuing acceptability. The duties and responsibilities of Airworthiness/maintenance Inspectors include but are not limited to: (a) undertake the aircraft airworthiness/maintenance related aspects of an AOC application in

accordance to applicable rules, regulations and procedures; (b) make routine and special inspections or audits in accordance with applicable regulations,

procedures and guidance provided by the SCAA; (c) complete the appropriate report forms and follow up any discrepancies with the operator,

the maintenance organization and the airworthiness staff as appropriate; (d) keep the Director of the AIR Directorate fully informed on all aspects of current

maintenance arrangements, changes and known future developments; (e) ensure that the Directorate’s records of each operator’s maintenance arrangements are kept

up -to-date; (f) conduct surveillance of operators, overseas line maintenance stations and aircraft so that

all aspects of AOC maintenance are kept under continued surveillance; (g) examine and keep under review any engineering documentation provided by operators to

meet the requirements and to monitor the engineering contents of operations manuals, as requested by the FOI.

2.3.3 Operational Inspecting posts, normally referred to as "Operations Inspectors" (OIs), are established to make provision for suitably trained and authorized non-flying personnel within the OPS Directorate to conduct inspections, audits and appraisals of operators.

2.3.4 Operations Inspectors, where established, are empowered to conduct non-flight related operational inspections in their own right as well as to provide assistance to other inspecting personnel.

2.3.5 Properly used and related to one another, check forms and reports will indicate weaknesses and deficiencies and suggest both causes and the remedies. Nevertheless, inspectorate staff should appreciate that they have a responsibility to keep under review the whole of the operational organization of companies to which they are assigned.

2.3.6 The SCAA has a duty to be satisfied that an operator is competent, and it depends heavily on the routine reports and recommendations submitted by the inspectorate staff. Although SCAA Inspectors should be reasonably helpful in pointing out deficiencies and suggesting remedies, they should bear in mind that it is for the operator to demonstrate his competence.

2.3.7 If an inspector has any reasonable doubt as to an operator’s competence to hold an AOC, he should bring this information to the attention of his respective Director for appropriate action.

2.4 QUALIFICATIONS OF INSPECTING STAFF 2.4.1 To be considered a SCAA Safety Inspector, the following qualifications would be required as a minimum:

a) Flight Operations Inspectors Flight operations inspectors that have responsibility for providing practical examinations

and tests and also conduct flight-related inspections are required: i. to have or have had an airline transport pilot's license; ii. valid license holders should maintain a valid instrument rating; iii. ex-license holders should maintain a certain level of competence through periodical training

on appropriate simulators;



iv. a as valid license holders should maintain validity of their licenses by flying with suitable AOC holders under an arrangement with the SCAA;

v. seconded flight test providers should be serving as pilot-in-command and rated as instructors and examiners by the Personnel Licensing Department on the type of aircraft on which they are designated to conduct testing;

vi. non-flight operations inspectors should have experience in one of the aviation disciplines such as flight engineer, flight operations officer, cabin crew, air traffic controller and others that would be approved by the Director general of the SCAA;

vii. All SCAA Inspectors shall undergo training on standard operating procedures, operations manuals, operational control requirements and on specific subject matters such as the transport of dangerous good by air for which they may be responsible;

viii Inspectors assigned to training inspection duties shall maintain an Examiner’s Authority and be assigned additional aircraft types to enable them to evaluate simulators and test/examine other designated examiners;

ix shall have successfully completed SCAA internal induction training. b) Aircraft Airworthiness and Maintenance Inspectors

i. normally recruited from the industry where they should have served a minimum of five years as a licensed aircraft maintenance technicians in the various fields (avionics, power-plant, airframe, etc.);

ii. maintenance inspectors can also be directly recruited from an accredited University with a minimum Bachelor’s Degree in Aeronautical Engineering;

iii. maintenance inspectors are not required to hold a current aircraft maintenance/technician license, but must have held an appropriate license or a Degree in Aeronautical Engineering.

c) Operations Inspectors Operations inspectors are required to have had a minimum of five years experience in an aviation discipline (see 4.1 a) vi) above) and should have completed successfully the internal training courses provided by the SCAA.

2.4.2 All SCAA Inspectorate staff are required to maintain their competency through training provided by the SCAA internally or externally as determined by the training needs analysis for each post filled.

2.5. EMPOWERMENT AND AUTHORIZATION OF INSPECTOR 2.5.1 SCAA Inspectors shall be appropriately qualified to perform their duties, as assigned, and properly

accredited by the SCAA; 2.5.2 The Inspectors shall have unhindered and unrestricted access to the premises of aviation service

providers, certified, licensed, approved or authorized by the Authority, their respective personnel and any document that is deemed necessary to accomplish the duties and responsibilities of the inspectors.

2.5.3 SCAA Inspectors are "authorized persons" as defined in Civil Aviation Authority Act, 2010. On completion of initial training, i n s p e c t o r a t e staff would be issued with a certificate of appointment which includes legal authority and evidence of identity. They should be prepared to produce this document for examination at any time when on duty.

2.5.4 In carrying out their duties, Inspectors must take care not to exceed the powers conferred upon them as authorized persons under the Civil Aviation Authority Act, 2010 and under the general conditions attached to AOCs granted in compliance with SUCAR Part 6, Subpart 1 and 2.

2.5.5 SCAA Inspectors do not have authority to impose their own requirements on operators, nor are they permitted to give anything in the nature of an official interpretation of statutory requirements without specific authority from SCAA. Particular care must be taken, both in conversation and in the drafting of letters, not to anticipate the SCAA’s decisions and rulings.

2.5.6 The powers conferred on SCAA Inspectors by virtue of their certificate of appointment are extensive, and the consequences that could result from the document falling into the hands of an unauthorized person could be grave. SCAA Inspectors should therefore keep the document on their persons while on duty and at other times ensure that it is kept in a secure place.

2.5.7 Should a SCAA Inspector lose authority document, the following action must be taken: a) The loss must be reported immediately by the fastest means of communication (telephone, e-

mail, etc.) to the appropriate Directorate of the SCAA, the local police and, if the loss occur s at an aerodrome, the aerodrome authority.



b) In all cases the initial report should be followed as soon as possible by a comprehensive written report of the circumstances in which the document was lost. This report should include: i. the date, time and location of loss; ii. details of the authorities notified; iii. information on recovery action taken to date; iv. any other pertinent information.

c) The written report should be submitted to the Director of the appropriate Directorate. 2.6 OPERATOR’S LIABILITY SCAA Inspectors are forbidden to sign any document purporting to limit or exclude the operator’s

liability for injury, which they might suffer in the course of duty, including injury resulting in death.

2.7 CONDUCT OF INSPECTING INSPECTORS 2.7.1 It is inevitable that in the course of their work, SCAA Inspectors would be regarded by some

operators as advisers rather than purely as inspectors or regulatory staff. This may sometimes result in an inspector learning about an operator’s future plans and intentions. Such information must be regarded as strictly confidential and must not be divulged to anyone outside the inspecting organization unless authorized by the Director of the relevant Directorate.

2.7.2 Similarly, operators' operations, training and maintenance manuals are to be regarded as confidential documents. SCAA Inspectors should avoid becoming involved in industrial matters or aspects of management that are not operational; they should always be aware of their official status.

2.7.3 Care should be taken in accepting hospitality from operators or their representatives. 2.7.4 While acceptance of an occasional business meal is unavoidable and often helpful, it should be

remembered that etiquette requires that there be some form of reciprocity. Other invitations should be discussed with the relevant Director before acceptance.

2.7.5 SCAA Inspectors and their families are strictly forbidden from accepting free or ‘concession’ travel and free hotel accommodation, either at home or abroad, unless specifically authorized by the Director General of the SCAA or Director SSMO on his behalf.

2.8 ATTENDANCE RECORDS 2.8.1 Inspectorate staff hours of duty are by necessity different from normal office hours. A SCAA

working week normally allows for two days (Friday and Saturday) free of duty. However, should an Inspector be required to work during those days, a compensation scheme should be arranged with the relevant Director.

2.8.2 For the functions of the conducting an inspection to be carried out satisfactorily a degree of flexibility is required and Inspectors should arrange their program, as far as possible, so that two days are free of duty each week. W hen this cannot be done, equivalent time off in lieu should be taken at times agreed with the relevant Director.

2.8.3 When SCAA Inspectors are line flying as crewmembers with AOC holders, the concerned operator sha l l be given all of the data required in order to show compliance with the company's flight time limitations (FTL) scheme. The onus lies w i th the individual inspector to ensure compliance.

2.8.4 When conducting a flight inspection the duty period for an inspector will normally be that of the flight crew, plus any additional inspecting time on the g round pre- and post- flight.

2.9 ACCESS TO RESTRICTED AREAS Access to the airports, operators' premises and the premises of the SCAA may be subject to

security controls. SCAA Inspectors are provided with security passes appropriate t o the needs of their duties and responsibilities.

2.10 CORRESPONDENCE 2.10.1 It is a fundamental requirement that all significant faults and deficiencies noted in the course of

inspections should be brought to the operator’s attention in writing. 2.10.2 Unless the circumstances are exceptional, the matter should first be discussed with the



operator and any remedial action agreed upon, so that the letter may be in the nature of a note for the record.

2.10.3 This procedure is important; it will help to eliminate the risk of misunderstanding, keep correspondence to a minimum and facilitate smooth relations with operational management.

2.10.4 Minor matters, such as occasional errors or omissions that have no immediate effect on the safety of flight operations, should not normally call for a letter to the operator but should be noted in the inspector’s report.

2.10.5 The status and effectiveness of the inspection process will depend, in large measure, on the quality of the correspondence; it is, therefore, important that letters are drafted with care. The aim should be to express the point tactfully and clearly and to suggest a suitable remedy where possible. The style should not be too formal; jargon, especially of the official variety, should be avoided.

2.10.6 In order to ensure that the SCAA is consistent in its dealings with all operators, draft letters on contentious matters should be standardized. Correspondence by all newly appointed inspectors should first be submitted in draft form to the relevant Director unless otherwise authorized.

2.10.7 Nothing should be written to an operator which might be interpreted as a testimonial to his organization, as this could seriously inhibit any action the SCAA might wish to take subsequently.

2.10.8 Any request from solicitors or lawyers for copies of correspondence, documents or information should be forwarded to the SCAA's Legal Adviser, through the relevant Director. The same precautions should be taken when the request comes from persons other than solicitors, and where the recipient suspects that the information may be used in legal proceedings.

2.10.9 Legal advice must be obtained on receipt of a subpoena or a request of any kind to attend a court or tribunal. The subpoena or request must be passed to the manager.

2.11 INTERNAL AND EXTERNAL COMMUNICATION 2.11.1 The advent of the electronic office can exacerbate the problems of communication for SCAA

inspectors working in the field. E-mail may be the preferred method of communication internally, but, a s mentioned earlier, it is crucial that all paper files reflect a complete and up-to-date position on all AOC holders. Accordingly, hard copy prints of all duty-related communication should be retained.

2.11.2 SCAA Inspectors should be aware that there may exist a number of ways of disseminating information both within the SCAA and externally to industry.

2.11.3 The SCAA h a s e s ta b l i sh e d a n e -m a i l communication system that should be used by all Inspectors with respect to communications related to their responsibilities. It is essential that SCAA Inspectors communicate with each other and SCAA Directorates and Offices as applicable using the SCAA furnished e-mail address and not an e-mail address made available by external commercial or non-commercial service providers.

2.11.4 SCAA Inspectors and their respective Directors should meet regularly to ensure standardization and exchange up-to-date information.

2.11.5 Regular publications by the SCAA to the aviation industry will ensure proper dissemination of information and instructions. SCAA-wide or D i rec tora te re la ted in format ion c i rcu lars , bu l le t ins and as app l icab le , D i rec tora te-based communica t ion exchange sys tem or Aeronautical Information Circulars can help to meet the need to exchange information.

2.12 OPERATORS UNDER INVESTIGATION FOR ALLEGED BREACHES OF LEGISLATION 2.12.1 SCAA Inspectors should follow the guidance provided in this section as to the extent to which

inspecting staff should avoid contact with operators who are under investigation for alleged breaches of legislation.

2.12.2 Any investigation takes time and the SCAA must carry out its normal duties in relation to a company against which an allegation has been made in the meanwhile. Discussion of the subject matter of the investigation should be avoided as much as possible. If it cannot be avoided nothing should be said or done which could be construed as an invitation to the company, its officers or its staff to incriminate themselves.

2.12.3 If anyone in the company volunteers information, that information should be noted without



comment and the inspecting officer undertaking any investigation should be told about it. Similarly, if documentation inspected by a SCAA Inspector appears to have a bearing on the allegation, the facts should be noted without comment and the investigating officer should be informed. Nothing should be said or done that could be construed as condoning the offence.

2.12.4 Whether an AOC should be provisionally suspended or an application for an AOC or a variation of an AOC refused pending the outcome of an investigation, is a difficult question. The answer must depend on the seriousness of the allegation and on how firmly the initial evidence points to the fact that the AOC holder or applicant was involved. Each case needs to be considered individually. Obviously, SCAA Inspec to rs need to be very careful about putting someone out of business on the basis of facts, which have not yet been fully established.

2.12.5 If an application is granted during an investigation the AOC may subsequently be revoked, varied or suspended if the investigation leads to the conviction of an AOC holder. He should be put on notice of this possibility when his application is granted.

2.13 BREACHES OF LEGISLATION 2.13.1 In the course of their duties SCAA Inspectors may discover matters, which appear to be breaches

of the regulations by companies or by individuals. In this case, Inspectors should make comprehensive notes of the circumstances of the suspected breach and avoid any discussion on the matter with company employees.

2.13.2 Detailed notes of anything said by the company together with copies of any documentation, will assist any later investigation, but no attempt should be made to solicit an explanation from the company or an individual, as this may inhibit any later action.

2.13.3 The company and/or the individual should be informed that the matter is being reported and may result in further investigation. The relevant SCAA Director must be informed in detail without delay.

2.13.4 If the relevant Director deems the matter to be sufficiently serious to merit further investigation then a report should be completed by the Inspector concerned. Subsequently, an investigation officer would be assigned and would conduct interview with the staff member concerned, at which time any copies of documentation and original notes made will need to be produced. All papers should be kept on the relevant company files.

2.13.5 If the case is considered serious, it is vital that no approach for information is made to the person concerned except by an investigating officer. Information given without the benefit of a formal caution (such as would be the case if anyone else made the enquiry) may not be acceptable as evidence. Action by anyone else could severely prejudice the chance of a satisfactory prosecution.

2.13.6 Should the matter be deemed minor and did not require formal action, a letter can be sent to the person(s) concerned. The person(s) concerned should be invited to comment on the report or on the "alleged incident" but never on "this incident", the latter wording implying that something actually happened which the individual receiving the letter may deny. The letter should indicate which provisions of the legislation have apparently been contravened, assuming the facts were as they were alleged to be.

2.13.7 Where the matter concerned involves a breach of SUCAR 1 – Personne l L icens ing and Tra in ing requirements or authorized examiners (AEs), a formal interview would be conducted at which all interested parties will be represented.

2.13.8 Under certain circumstances files may be subject to disclosure, so it is important to avoid a presumption of guilt in anything that is written about a person before a conviction, even where the evidence is overwhelming. It is equally important to avoid writing anything pointing to prejudice against a person, although it will often be necessary to mention past misdemeanors in order to make a proper assessment of a new case.

2.13.9 Once a case has been referred to the enforcement or investigation department there should be no written or oral dialogue on that matter with the operator or employee. Should either attempt to engage anyone within the SCAA in any form of discussion on the matter it should be referred to the SCAA's Legal Adviser.

2.13.10 Where an authorized person discovers an apparent fundamental breach of the Regulations, which impinges on safety, immediate remedial action, other than that described above, may be necessary. In these circumstances the matter should be discussed immediately with the relevant



SCAA Director and/or Director SSMO for an appropriate action. 2.14 DETENTION OF AIRCRAFT 2.14.1 SCAA Inspectors should be clear about their powers to detain an aircraft. Because these powers

will seldom need to be used, Inspectors should often refresh their memories on the guidance contained in this section and in the relevant provisions of the Civil Aviation Safety Act and relevant SUCARs.

2.14.2 Detention of an aircraft usually requires the issue of a formal Direction given by an authorized person, and the person concerned must be satisfied that this action can be fully justified under the provisions of the relevant legislation and regulations. While the Direction would normally be given orally to the pilot-in-command of the aircraft, it should be backed up in writing. An acknowledgement of receipt of the Direction should be obtained from the commander.

2.14.3 In exceptional circumstances the Direction may be given to a competent official in the service of the operator (for example, Chief Pilot, Operations Manager or Traffic Officer in charge of preparations for a flight), but this should only be done when it is quite impossible to deal with the matte r through the pilot-in-command.

2.14.4 Although a verbal Direction will suffice it should be given in the presence of an independent witness who could give evidence in any subsequent proceedings.

2.14.5 Before exercising this power an authorized person should, if time permits, discuss the matter with relevant Director. If the circumstances do not so permit then this action MUST be completed by the fastest available means.

2.14.6 It must be noted that revocation of detention can be exercised only by an authorized person with the rank senior to the inspector issuing the detention Direction. This prevents undue pressure being applied to the authorized person issuing the original Direction. The withdrawal of the Direction should be g iven in wr i t ing .

2.14.7 Where any doubt exists the SCAA's Legal Adviser should be consulted before a Direction is issued or revoked.

2.15 LIAISON WITH AUTHORITIES ON DETENTION OF AIRCRAFT 2.15.1 Whenever a Direction is issued, the aerodrome manager or other official in charge should be

informed of the circumstances and, if practicable, consulted in advance. 2.15.1 Local legislation may provide that an authorized person may take such steps as are necessary

to detain an aircraft. 2.15.2 Unless the circumstances are wholly exceptional, the issue of a Direction should suffice. It

would however be prudent, in consultation with the aerodrome manager or other official in charge, to inform the local air traffic control service that the Direction had been issued and to request refusal of air traffic clearance.

2.15.1 If, despite this precaution, it seems likely that the aircraft would be flown to the danger of persons or property, the authorized person should ask the airport authorities to prevent the movement of the aircraft by placing some sort of physical obstruction in its path. It is particularly important that authorized persons should act in collaboration with the airport authorities, who may themselves have powers to detain aircraft which they would be prepared to exercise.

2.16 ASSISTANCE TO AIRCRAFT ACCIDENTS INVESTIGATION ORGANIZATIONS 2.16.1 In some cases it may have been agreed that there would be advantage in having an SCAA

Safety Inspector available to assist with aircraft accident investigations. 2.16.2 When SCAA or any of the relevant Directorates (SSMO, OPS, AIR) are informed of an accident to

a commercial air transport aircraft, the assigned Inspector or the most suitable available Inspector, may be detailed to assist the accident investigation. The Inspector will provide expert assistance to supplement the accident inspector's own knowledge, this assistance taking precedence over normal inspecting duties if at all possible.

2.17 SIGNATURE AUTHORISATION 2.17.1 SCAA Inspectors are authorized to perform functions on behalf of the SCAA. Thus, the

SCAA has established instructions on who is authorized to sign each type of document, and



what action is to be taken if a person of the right seniority, rank or grade is not available at the time. A typical list of functions to be covered is shown in the Appendix at the end of this chapter.

2.17.2 Directors of relevant Directorates are responsible for authorizing newly qualified Inspectors to process applications for Permissions or Exemptions without reference to themselves or their deputies. As a general rule, full powers of authorization should not be given until six months after an Inspector’s initial assignment.

2.17.3 Functions delegated to individual Inspectors should be published together with the grade of t h e staff member who may exercise that function. Before signing any Authorization, Direction, Variation, Certificate or Exemption, the person exercising that function must be satisfied that the decision is within the limits of precedents previously accepted, or otherwise is within accepted SCAA practice, and, above all, it will not in any way jeopardize the safety of operations.

2.18 THE OPS DIRECTORATE QUALITY SYSTEM 2.18.1 An OPS Directorate Quality System shall be established to ensure that the tasks undertaken by it are

carried out efficiently and to a consistently high standard. The System should be designed to permit consistent and standardized working practices and a method of monitoring a l l departmental activities.

2.18.2 The Director of the OPS Directorate, who delegates management of the System to the Directorate’s Quality Manager, shall head the Quality System.

2.18.3 All Inspectors should undergo training in accordance with their function. Inspectors who undertake an audit function shall be provided with an appropriate course and the Secretariat staff staff shall be provided with a familiarization seminar/workshop. The Quality Manager should keep training records.

21.18.4 The inspection/surveillance program shall be controlled by the D i rec to ra te ’ s Quality Manager who sha l l a l so be responsible for the maintenance of audit records and follow up process.

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APPENDIX A TO CHAPTER 2 FUNCTIONAL RESPONSIBILITIES

The following is given as an example of the various functions that the SCAA may delegate to its

Inspectorate staff, according to the provisions of the Civil Aviation Safety Act and other relevant Regulations Directives and Procedures.

Note 1: It is implicit in certain authorizations or delegations of function that the normal chain of

command has been followed in the preparation of material or the document concerned. Note 2: The authority delegated under the relevant state legislation should be published in

sufficient detail for the use of all SCAA employees.

NO. FUNCTION GRADE OF SIGNATORY

1. The grant, variation or revocation of an Exemption from the provisions of the Sudan legislation, other than an Exemption specified in any other paragraph of this Schedule.

2. The grant, refusal, provisional suspension or provisional variation, revocation, suspension or variation of a Permission (other than a Permission specified in any other paragraph of this appendix).

Any Inspector so authorized by SCAA management

3. The grant of Permission to the operator of an aircraft registered in Sudan to carry a lesser number of cabin attendants on a flight for the purpose of public transport than is required by (insert reference)


4. The giving of a Direction not to permit an aircraft to make a particular flight or the detention of an aircraft pursuant to (insert reference)

Any authorized person

5. The revocation of a Direction not to permit an aircraft to make a particular flight or the detention of an aircraft pursuant to (insert reference)

Senior SCAA management

6. The giving of a Direction to the operator of an aircraft registered in Sudan on a flight for the purpose of commercial air transport, as follows: (i) in addition to the flight crew required to be carried therein, to carry such additional persons as members of the flight crew as may be specified in the Direction; (ii) in addition to the cabin attendants required to be carried therein, to carry such additional persons as cabin attendants as may be specified in the Direction.


7. The grant, refusal, provisional suspension or variation, revocation, suspension or variation of a permission relating to a safety belt or harness or other restraint device pursuant to (insert reference)




AIR OPERATOR CERTIFICATE

8. The grant (including a variation at the holder’s request) of an Air Operator Certificate

DGCA

9. The refusal, provisional suspension, provisional variation, revocation, suspension or variation of an Air Operator Certificate.

DGCA

10. Requiring amendments to be made to an operations manual or training manual.


FLIGHT SIMULATORS

11. The approval, refusal, provisional suspension, provisional variation, revocation, suspension or variation of an approval in respect of flight simulators


12. The approval of persons controlling flight simulators, apparatus used for practicing emergency procedures and persons to supervise tests carried out on flight simulators.


FLIGHT CREW LICENSING

13. The authorization of persons to conduct tests and sign certificates of test and experience.


14. The refusal, provisional suspension or provisional variation, revocation, suspension or variation of any authorization of a person to carry out tests and sign certificates of test and experience.


FLIGHT DUTY PERIODS

15. The Approval (including a variation at the holder’s request) of a scheme for the regulation of flight times.

Any OPS DIRECTORATE senior officer or other officer so authorized

16. The refusal, provisional suspension, provisional variation, revocation, suspension or variation of an Approval (otherwise than at the holder’s request) of a scheme for the regulation of flight times

Any OPS DIRECTORATE senior manager or other officer in the Directorate if so authorized

17. The grant or variation of an Exemption from the requirement for a flight crew licence to bear a valid certificate of test or a valid certificate of experience.


AUTHORISED PERSONS

18. The appointment of an “authorized person” for The purposes of (insert reference). And the provisional suspension, provisional variation, revocation, suspension or variation of such an appointment.

Any SCAA senior manager

19. The grant or variation of an Exemption from the requirement for a flight crew licence to




bear a valid certificate of test or a valid certificate of experience.

DANGEROUS GOODS

20. The grant of an Exemption from any prohibition on the carriage of weapons or munitions of war other than in accordance with (insert reference) or from the prohibition on the carriage of dangerous goods otherwise than in accordance with the provisions of any Regulations and any variation or revocation of such Exemption


21. The grant, refusal, provisional suspension or provisional variation, revocation, suspension or variation of a Permission under (insert reference), being a Permission in respect of the carriage of any munitions of war or, under any Regulations, being a Permission in respect of the carriage of dangerous goods.


LEASING

22. Giving a Direction to qualified persons who Manage a foreign registered aircraft that certain provisions of (insert reference) shall apply to that aircraft


23. The approval, refusal, provisional suspension or variation, revocation, suspension or variation of an Approval for the lease of an aircraft required by (insert reference)


SEARCH AND RESCUE

24. Giving a Direction that an aircraft registered In Sudan shall carry such additional or special radio or radio navigation equipment as the SCAA may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft.


NAVIGATION

25. The approval, refusal, provisional Suspension or variation, revocation, suspension or variation of such an Approval in respect of navigation systems to enable aircraft to maintain prescribed navigation performance capability and operating procedures for such systems.


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APPENDIX B TO CHAPTER 2 SUDAN CIVIL AVIATION AUTHORITY

IN CONFIDENCE REPORT ON ALLEGED INFRINGEMENTS OF AVIATION LEGISLATION

From: To: Reference: Date : Telephone No:

GENERAL INFORMATION Place: Date: Time: (GMT) Aircraft Type: Registration : Name and Address of Pilot/Owner Name and Address of Operator or Registered Pilot's Licence Type and Number: ALLEGED OFFENCES: SPECIFIC DETAILS OF OCCURRENCE: Signed: Yours sincerely



CHAPTER 3 APPROVALS, PERMISSIONS, EXEMPTIONS, VARIATIONS AND DIRECTIONS

3.1 INTRODUCTION 3.1.1 Sudan legislation requires commercial air transport operators to hold an Air Operator Certificate ( AOC).

In addition the legislation requires a number of other operational Approvals, Permissions etc, to be held by operators or individuals for general or specific purposes. For AOC holders and applicants all such matters are dealt with by OPS Directorate. Additionally, OPS Directorate deals with some matters in respect of all operators or individuals. Guidance on the requirements, the OPS Directorate sections involved and the procedures to be followed are given in the following paragraphs under the subject heading. Details of which staff members are authorized to sign the various documents are given in Chapter 1 Volume 1 of this manual. Guidance on how to conduct the inspections and the criteria to be satisfied are given in Volume 2.

3.1.2 Exemptions and Permissions are not normally subject to appeal under Sudan legislation if refused or

revoked. 3.2 EXEMPTIONS, PERMISSIONS AN D APPROVALS – GENERAL 3.2.1 OPS Directorate must be able to exercise firm control over the granting of Exemptions. Prior to

granting an Exemption it is an important matter of judgment for the assigned FOI to assess the adequacy of measures that are intended to provide a level of safety, equivalent to that required by the statutory regulations. Such measures will usually take the form of conditions or provisos. In some situations there may be a requirement for urgent action but no possibility of providing equivalent safety. An Exemption may then be granted to resolve the d i lemma. However, such Exemptions should be made to lapse as soon as the immediate problem is over. Exemptions that allow time for an operator to comply with new regulations should be referred to the OPS Directorate.

3.2.2 An Exemption should never be regarded as a means of circumventing the law for commercial

expediency. When an operator requests an Exemption the assigned inspector should check that it is really necessary. It may be that better organization by the operator is needed rather than an Exemption being automatically granted. If convinced that some alleviation from the legislation is required, the inspector should consult the lists of precedents held by the FO(T) section within the SCAA. The list of "gateways" on all specialist topics is contained in the FO (D) Directory, and the relevant specialist should be consulted before further action. Any person signing an Exemption should be satisfied that no other course of action is possible, or would be more appropriate; additionally signatories should appreciate the responsibilities that they have taken upon themselves.

3.2.3 During the preliminary period an operator may be entitled to an Exemption from the current state

legislation providing he complies totally with SUCAR Part 6 as appropriate. Where complete compliance is not possible an Exemption may be issued providing that a safe and satisfactory standard is achieved. Reference, in this case, must be made to the OPS Directorate prior to issue of the AOC. Full compliance with SUCAR Part 6, Subpart 1 and 2 must be achieved by the appropriate implementation date. Once the preliminary period is over, the scope for issue of any Exemption is expected to be limited to exceptional circumstances only, and any Exemption so granted will be temporary.

3.3 ADMINISTRATION OF EXEMPTIONS, PERMISSIONS AND APPROVALS NOTE: A layout of an Exemption is shown at Appendix A to this Chapter. 3.3.1 To identify the subject easily, each type of Exemption will be given a succinct title. This will

usually reflect the title of the particular item of state legislation from which the Exemption is being made. However, if an Exemption covers a number of such items an appropriate title must be chosen.



3.3.2 All Exemptions must make reference to the current legislation. 3.3.3 The conditions that apply to the majority of Exemptions are likely to have been used many times. Where

this is not the case and a new condition is to be applied, reference is to be made to paragraph 2.2 of this chapter.

3.3.4 Whilst Approvals normally are o pen-ended documents with no built -in expiry date, Exemptions and Permissions must not be. Neither Exemptions nor Permissions should be granted for longer than is absolutely necessary and in any case, they should not go beyond one year.

3.3.5 All documents must give their effective dates in the following manner: Exemptions are to use the sentence: ‘This Exemption shall have effect from ( ) until ( ), both dates inclusive,

unless previously revoked.’ Permissions are to state: ‘This Permission s hall have effect from ( ) until ( ), both dates

inclusive, unless previously varied, suspended or revoked.’ Approvals are to state: ‘This Approval shall have effect from ( ), until varied, suspended or

revoked.’ 3.3.6 If a Schedule or Schedules form part of an Exemption, it/they should be placed between the

‘Conditions’ and the signature block. When a change to the Schedule becomes necessary, the whole Exemption will have to be re -issued. Where a schedule is lengthy, it can be attached as a separate page, in which case it must be dated and signed as per the Exemption itself.

3.3.7 The appropriate SCAA OPS Directorate stamp must be applied immediately below that paragraph which gives the document its effective date, or immediately below the Schedule if one has been used.

3.3.8 An error check of the document must be carried out by the assigned FOI, who will then initial and date the OPS Directorate or Section stamp, using blue ink.

3.3.9 Each document must then be signed and dated, in blue ink, by a person qualified to do so. Where doubt exists, reference should be made to the Signature Authorization listed at Appendix C to Chapter 1 of Volume 1 of this document. The original is then given to the operator concerned.

3.3.10 Copies should be made of all documents. One should be placed on the company file. The SCAA may also wish to have details of the document entered on a Permissions, Approvals, Variations, Exemptions (PAVE) database. Some distribution of copies may be needed within other SCAA departments and/or other government agencies and a distribution list should be maintained so that all concerned parties are kept informed of any change of status of the document.

3.4 FLIGHT TIME LIMITATIONS (FTL) 3.4.1 Approval Of Flight Time Limitation Scheme:

a) Sudan legislation requires every commercial air transport undertaking to establish a scheme for the regulation of flight times for all crew members, which will be published in the operations manual, and the scheme must be approved by the SCAA. It follows that the Approval must be issued before the AOC is granted.

b) On initial application for an AOC, FO(T) must ensure that the proposed FTL scheme follows the guidance given in any SCAA OPS Directorate publication and the state legislation. It may be possible for a scheme which does not fully comply with current legislation to be approved, providing any deviation from the standard requirements has been accepted and that adequate compensating criteria have been included to ensure that an equivalent, or better, level of protection against fatigue is achieved. There may be some well precedent variations, which apply to particular types of operation. These can be readily accepted, while others may require



detailed discussion by all the interested parties. Conversely, some S-CAA’s may decide against any such variations but, nevertheless, will need to provide appropriate interpretations of the state scheme and guidance publications to any interested parties.

c) When the specialist officer in FO(T) is satisfied with the scheme, a formal Approval, using the wording of Appendix B as guidance, will be issued.

d) Where AOC charges are made, no charge is normally made for the issue of an FTL Approval, as the prospective AOC holder will have already paid the AOC application fee.

3.4.2 Flight Time Limitation Variations

a) The guidelines given in any SCAA publication should be detailed and comprehensive, and they should apply to a wide variety of operations. Some of the provisions may be inappropriate in certain circumstances. Therefore, operators should be allowed, in exceptional circumstances, to apply to have a variation from the standard provisions included in their scheme. When an AOC holder requests such a Variation the application must be accompanied by any required fee and sent to OPS Directorate prior to any further consideration by the inspectorate. The operator should provide supporting medical opinion with any such application. Consent of the crews involved is also a prerequisite.

b) Upon receipt of a request for a Variation the assigned FOI should complete a form of recommendation, or otherwise, and submit it to his manager. In making any recommendation for a variation, the Flight Operations Inspector will be guided by his knowledge of the operator and the nature and circumstances of the operation. The Flight Operations Inspector may liaise directly with the operator with the consent of the assigned inspector where this would expedite the issue of the Approval.

c) A clear distinction must be drawn between issue of a new Approval and the use of the Variation by an operator. The assigned inspector w ill contact the operator to ensure that an amendment is generated to the operations manual before use of the revised FTL scheme. This amendment may be either in the form of a change to the main manual or by use of a Flight Crew Notice. A copy of the new Approval/Variation will be placed on the company file.

d) Although the gateway on FTL matters will ensure that a consistent OPS Directorate line is followed by all inspecting sections, with particular regard to precedents, short term Variations in respect of helicopter FTL schemes, for example, may be permitted by the SCAA. This alleviation of authorization would apply to short term changes (not exceeding 5 days) associated with special events such as race meetings or galas etc. Where this occurs frequently and on a regular basis however, it should be approved and incorporated within the main FTL scheme.

3.5 NAVIGATION APPROVALS 3.5.1 A Navigation Approval is required for flights conducted in regions where Minimum Navigation

Performance Specification Airspace (MNPSA) has been established. Approvals are issued by the OPS Directorate. Such Approval may also allow flight in the level bands designated for Reduced Vertical Separation Minima (RVSM) operation.

3.5.2 The Approvals will normally be drafted by the Directorate once the inspection processes have been completed successfully. If the applicant is a current or prospective AOC holder, the assigned Inspector is responsible for the inspection process. Depending on the nature of the proposed operation, an Approval may be necessary before the AOC is granted. Once an Approval has been issued, a copy is placed on the operator's file. A Navigation Approval for an AOC holder would be valid for 5 years.

3.5.3 With an initial application, an operator will need to provide the following details to the assigned inspector. For Approval renewals, the Inspector will need to satisfy himself that the details originally supplied are still correct and valid. These would include: a) Organization

i. Responsibilities ii. Control and supervision of navigation staff iii. Dispatch facilities iv. Flight Planning and database arrangements



v. Record Keeping b) Operations Manual

i. Existing navigation procedures ii. New and amended procedures for the MNPSA, including data insertion check procedures and

drills for partial and complete failure iii. RVSM procedures iv. Technical description v. Minimum Equipment List (MEL) dispatch criteria

c) Operating Area i. Limitations imposed by equipment characteristics and approval status

d) Qualifications i. Ground and flight training arrangements ii. Availability of training rigs or simulators iii. Experience level and competence iv. Certification and Revalidation

3.5.4 With an initial application, the inspector must check with the navigation gateway that the Long Range Navigation Systems (LRNS) to be used are of an acceptable type and number. For Approval renewal, the inspector must satisfy himself that the LRNS remain unchanged or else refer to the navigation gateway. As the makes and model number(s) of the LRNS to be used are listed in the Approval, the inspector will need to obtain this data from the operator. (Alignment restrict ions of IRS/INS systems are also quoted in the Approval - again this data will be required.)

3.5.5 Individual operators should be encouraged to use the MNPSA operations manual as guidance for their procedures and entries in the operations manual.

3.5.6 Ground and/or flight inspections will be carried out to satisfy the SCAA that the Approval may be granted.

3.5.7 It should be remembered that part of the MNPSA covers polar areas, parts of which preclude the use of magnetic compasses. These areas are referred to as compass unreliable/useless areas (CUU). Any inspector requiring information on CUU areas or any other navigational information should contact the navigation specialist in the SCAA who should be appointed based on background experience and technical knowledge of navigation equipment and operating procedures.

3.5.8 Before entry into those navigation areas specified in legislation, operators must satisfy themselves that they carry navigational equipment suitable for the route to be flown. Guidance on what constitutes suitable navigational equipment is shown at Appendix C.

3.6 LEASING 3.6.1 When an operator wishes either to lease-in a foreign registered aircraft or to lease-out a Sudanese-

registered aircraft to a foreign operator, a variety of arrangements have to be made. These arrangements can involve a number of other SCAA or government departments. Leasing is co -ordinated by the Flight Operations Directorate, to whom a ll applications should be referred to in the first instance.

3.6.2 Once the arrangements have been accepted, the SCAA and, as appropriate other government departments, will need to issue the necessary Approvals, Directions, Exemptions, Permissions, Licenses and Waivers before the aircraft can be legally operated.

3.6.3 The procedures involved in leasing are often complex and full details are published by the SCAA (refer to SUCAR Part 6, Subpart 1 and 2) to ensure full compliance with ICAO, Sudan regulations and generally accepted international obligations.

3.6.4 When an operator has dry leased in a foreign aircraft, an inspector may be involved with: a) ensuring that any differences between the AOC holder’s existing fleet and a foreign registered

aircraft are acceptable and are covered by crew training and operating procedures; b) ensuring that the operator has taken into account the aircraft modification state, its equipment

and the content of the MEL; c) processing an application to vary the AOC, where the operator proposes to use an aircraft of

the type which is not already on its certificate or operate outside its current AOC region; d) covering all operational and legal aspects of any ferry flight which may be undertaken by the

AOC holder; and



e) ensuring appropriate maintenance procedures are agreed by the AIR Directorate and in place for the duration of the lease.

3.6.5 Sometimes the proposed arrangements for a wet lease out involve an aircraft operator providing the flight deck crew and someone else providing all or some of the cabin attendants. Whether such an arrangement is acceptable or not, and, if so, under what conditions, remains the responsibility of the assigned Inspector and the Director of the OPS Directorate. Other arrangements may be proposed, but it is essential that the identity of the operator is entirely clear. In these cases, if in any doubt the assigned Inspector should discuss the matter with the Director. The AIR Directorate must be involved in any leasing out of an aircraft, as responsibility for compliance with approved maintenance arrangements remains with the lessor.

3.6.6 Correspondence between inspectors and AOC operators regarding leases is to be filed, with copies for the AIR Directorate. A copy of the Direction given to an AOC holder operating foreign registered aircraft (i.e. a dry lease in) is to be filed on the company file.

3.6.7 Any section having any knowledge about a proposed lease must inform the Director of OPS Directorate without delay.

3.6.8 State-registered aircraft, being dry leased to a foreign operator for the purpose of commercial air transport or aerial work, may be subject to charges levied under SCAA legislation. These charges should be published by the SCAA.

3.7 SIMULATOR APPROVAL 3.7.1 The Personnel Licensing and Training Directorate in coordination with and the full support of the Operations

Directorate is responsible for the approval of flight simulators. The Personnel Licensing and Training Directorate would depend on the OPS Directorate for the technical requirements involved in the approval of simulators while it remains responsible for ensuring that the training syllabus meets those that are defined for the specific position in SUCAR 1. Approval is renewed annually which enables a simulator to be used: a) on behalf of the Personnel Licensing Directorate, for flight crew licence testing; b) on behalf of the OPS Directorate for additional commercial air transport tests; c) in conjunction with the assigned Inspector for recency and initial line checks; d) the training and testing of an operator’s flight crew.

3.7.2 Simulator evaluation teams consist of an SCAA test pilot, the SCAA Simulator Technical Inspector and an OPS or PEL Inspector as applicable. Evaluations are arranged annually.

3.8 APPROVAL OF AIRCRAFT EMERGENCY TRAINING APPARATUS AND PERSONNEL CONDUCTING TRAINING AND TESTING WITH SUCH APPARATUS

Operators may use either an aircraft or a ‘mock -up’ for emergency training and testing. The operator must satisfy himself as to the adequacy of the equipment to be used under the terms of state legislation bearing in mind that equipment that may be appropriate for one operator may be unsuitable for another.

3.9 AUTHORISED EXAMINERS (AE) 3.9.1 Type Rating Examiners (TREs) and Instrument Rating Examiners (IREs) are authorized to

carry out crew licence tests on behalf of the SCAA. They may also be given approval to complete commercial air transport tests. Following pre -selection or an observed check flight, a course of training is given by suitably qualified Instructors. Authorized Examiner candidates are tested and validated for a period of three years, but, on occasions, ‘one-off’ Approvals are given to enable them to exercise examiner’s privileges without formalized training.

3.9.2 A candidate will undertake a short Type Rating Instructor’s ground course approved by Training Standards before completing a type specific course of instruction on the aircraft or simulator. This will permit the candidate to instruct on that aircraft type. The next phase will consist of a course of examiner training given by the OPS Directorate, which is followed by a review of the candidate conducting tests either in a simulator or on an aircraft. It is envisaged that the 3 -yearly re-validation of AE authority will be conducted either by the OPS Directorate or by suitably qualified designees in an organization considered competent to administer the process.



3.9.3 Although an AE is cleared to test on any aircraft of the same type he is limited to one simulator only, unless proof of adequate training on the new simulator is presented to Training Standards or the individual concerned has been re-tested by authorized examiner.

3.10 CREW LICENCE AND OTHER TRAINING COURSES 3.10.1 The contents of the crew licence test for new aircraft types or variants is the responsibility of

the Personnel Licensing and Training Directorate. Requirements, procedures and processes, including coordination procedures are contained in the Personnel Licensing and Training Procedures Manual.

3.10.2 Close and formal coordination between the OPS and PEL Directorates would ensure joint responsibility and accountability for the approval of training courses involving technical education, examinations, flying and simulator courses.

3.11 EXTENDED RANGE TWIN-ENGINE OPERATIONS (ETOPS) 3.11.1 Extended range twin-engine operation (ETOPS) is a joint responsibility of the OPS and AIR Directorates.

Review of ETOPS-related contents in the operator’s Operations Manual should be conducted and accepted/approved by a common OPS/AIR Inspection Team, in line with the policy and procedures established in the OPS/AIR Coordination Policy and Procedures Manual.

3.11.2 Assigned OPS and AIR Inspectors should liaise with other Directorates as may be required when dealing with ETOPS related inspections and approvals.

3.12 DANGEROUS GOODS AND MUNITIONS OF WAR 3.12.1 SUCAR 18 – Transport of Dangerous Goods by Air contains applicable regulations and requirements for

the transportation of dangerous goods and munitions of war. 3.12.2 Sudanese AOC holders regardless of where they could be operating, and foreign operators flying within

the Sudanese airspace, are subject to the requirements contained in SUCAR 18. 3.12.3 Applications for permissions or exemptions in relation to the legislation for the transport of

dangerous goods by air should be addressed to the Director of Flight Operations Directorate. 3.12.4 An application for a permission to carry munitions of war should include full details of the munitions and

the proposed date of the flight. A permission is normally issued for a particular flight or series of flights. 3.12.5 An application for a permission to transport dangerous goods should include confirmation of the training

given to ground handling staff, flight crew and any others involved; and information about the guidance given in the operations manual or other document.

3.12.6 A permission to carry dangerous goods will specify compliance with the current Edition of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI). A n exemption request, in writ ing, would be required to carry dangerous goods other than in accordance with the ICAO TI.

3.12.7 All operators, even those who have no intention of carrying dangerous goods as cargo, must notify passengers of those articles which may not be taken on board an aircraft in passengers' baggage. SUCAR Part 18 prescribes the detailed requirements.

3.13 PERMISSION NOT TO CARRY FLIGHT MANUALS 3.13.1 Although Sudan regulations require the carriage of certain documents on board an aircraft in flight,

including the Aircraft Flight Manual (AFM), there may be provisions to allow Sudan registered aircraft to fly for commercial air transport without carrying the AFM provided a p e rm iss io n t o d o so h a ve b e e n re q u e s te d i n w r i t i n g a n d t h e OPS Directorate has given permission in writing.

3.13.2 Permissions not to carry AFMs may be granted by OPS Directorate, subject to such conditions as it thinks fit. However, all permissions must contain at least the following conditions: a) The operations manual (OM) carried in the aircraft shall include the information shown in the

limitations and emergency procedures section of the AFM; b) The performance instructions used for the operation of the aircraft shall be derived from the

approved material contained in the performance section of the AFM; c) The normal and abnormal procedures shown in the AFM, or alternatives acceptable to the

SCAA, shall be included in the operations manual (OM); d) The operator shall ensure that the operations manual (OM) carried on the aircraft is



amended without delay and in any case within 28 days to reflect any changes to the limitations, emergency procedures and performance sections of the AFM; and

e) AFMs are to be kept in a place such that they are readily accessible for reference by engineering and operations staff, flight crew and SCAA Inspectors.

3.13.3 When a permission has been granted not to carry the AFM copies of the Permission are to be forwarded to the Director, Airworthiness Directorate for onward circulation to the AIR Inspectors

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CHAPTER 4 DECISION REVIEW PROCEDURES

4.1 REGULATION REVIEW 4.1.1 Decision or proposal made by officials of the SCAA are subject to review under the Sudan

regulatory system. In such reviews, a person who has received a decision or proposal from officials, which decision or proposal is of a type covered by the legislation, is entitled to require that the officials refer that decision or proposal to one or more Members of a Review Board for review. Members are normally appointed to the Review Board directly by the competent Minister responsible for civil aviation.

4.1.2 Whenever an SCAA official writes to any person informing them of a decision or proposal, which is subject to review, the letter will state that such a review is available and give details as to how it may be initiated. The letter must also set out in reasonable detail the grounds on which the officials have come to their decision or made their proposals. The purpose of these notes is to explain how a review may be conducted. The notes refer to the person seeking a review as “the applicant” although it may be that the review does not concern an application but perhaps a proposal to revoke or vary an existing license, permission, certificate or approval.

4.2 PREPARATION FOR THE REVIEW 4.2.1 On being notified of a right to a review, the applicant has a specified period to request a review.

The applicant is entitled, but not obliged depending on the current Acts, to submit written representations which the SCAA is bound to consider in conducting its review. Failure to do so, however, could prolong the hearing or even cause its adjournment, if matters are raised which require further consideration. Written representations must be submitted within any specified period of being notified of the right to a review. The SCAA will normally be sympathetic in the matter of extending time limits if requested to do so. However, it should not be assumed that extensions would be granted.

4.2.2 Once a review has been requested, a brief will be prepared by the SCAA officials concerned. The brief will contain the facts of the case and details of the proposal giving rise to the review. It would also contain any written representations submitted by the applicant and comments by officials on the representations. A copy of the brief should be provided to the applicant approximately two weeks before the date set for the hearing.

4.2.3 It is essential that the brief deals with all of the matters which the Review Board Members are to be asked to consider. If the applicant seeks to introduce any new material or to raise substantive new arguments at a hearing, the Members will be obliged to adjourn the hearing in order that these new matters may be considered and commented upon by the officials of the SCAA. Equally, of course, the officials must not introduce new material or arguments at the hearing.

4.2.4 The SCAA will determine where the hearings will be conducted. The date and time of the review will be notified to the applicant. So far as possible, a choice of dates will be offered to the applicant.

4.3 CONDUCT OF A HEARING 4.3.1 If the applicant ha s submitted written representations, he will normally be offered the

opportunity of an oral hearing at which he may attend and amplify his representations to the Members. As stated above, if he introduces new points not covered by his written representations, the hearing may be adjourned to enable a new brief to be prepared. He may bring a legal adviser and/or witnesses to assist in presenting his case, if he wishes. It should be borne in mind that, if witnesses introduce new evidence, the hearing may have to be adjourned for it to be considered by the SCAA officials. This is unlikely to be the case in respect of witnesses as to character. It is not necessary for the applicant to attend in person or to be represented if he does not wish it. If, for whatever reason, there is not to be an oral hearing, the review should be conducted by the Members solely on the basis of the brief. They should not discuss the case with the officials of the SCAA concerned with the proposal.

4.3.2 If an oral hearing is held, one or two of the officials concerned with making the proposal will probably be in attendance. The officials will not be legally represented at the hearing. A member of the SCAA’s Legal Department will be in attendance but in the capacity of clerk to the Review Board and to offer legal advice to the Members in the conduct of the hearing.



4.3.3 The reasons for the proposal would have been notified to the applicant and any supporting argument which the officials wish to make would have been set out in the brief, a copy of which would have been supplied in advance to the applicant.

4.3.4 The purpose of the attendance of the officials is to clarify any points which may be raised. These points may be raised by either the Members or on behalf of the applicant. The points may only be in connection with the matters contained in the brief or with the matters raised in oral representations by or on behalf of the applicant.

4.3.5 Insofar as questions are raised and clarifications sought by or on behalf of the applicant, this must be done through the Chair. Whereas the procedure is relatively informal and flexible, it is not an adversarial hearing. The purpose is to offer an opportunity for oral representations to be made by or on behalf of the applicant in addition to any written representations which may have been made.

4.3.6 The SCAA officials will have an opportunity to comment or seek clarification on any such oral representations, if they consider it necessary. The last word should go to the applicant.

4.3.7 Questioning of SCAA officials through the Chair should not be permitted to develop into cross -examination. Neither, of course should the applicant be subjected to any sort of cross -examination by the SCAA officials.

4.3.8 There should be a shorthand writer present or other system available to the proceedings to be retained. A copy of the transcript should be supplied to the applicant.

4.4 DECISION OF THE BOARD MEMBERS The Members would not normally give their decision immediately but will take time to consider

the matter. The applicant will be informed in writing of the decision and of the reasons for it. This will usually take between seven and ten days but it may take longer, if the matter is complex or if there are other special factors .

4.5 EFFECT OF A DECISION TO REFUSE OR REVOKE A LICENCE 4.5.1 The SCAA normally cannot refuse or revoke a license on punitive grounds but only on the basis

of criteria specified in the relevant regulation. In the case of Air Operator Certificates, there is only one criterion: is the SCAA satisfied that the applicant is competent to secure the safe operation of aircraft of the types to be specified in the operations specifications and for purposes so specified? I n considering the competence of the applicant, the SCAA is entitled to have regard particularly to the applicant’s previous conduct and experience, equipment, organization, staffing, maintenance and other arrangements.

4.5.2 If the SCAA decides to refuse or revoke a certificate because it considers the holder is not competent, it is not saying (and cannot say) that it will remain of that view for any fixed period. It is always open to the applicant to reapply at any time in the future and the SCAA will consider that new application on its merits. Clearly, if a further application is made quite soon after a decision has been reached, then in the absence of any relevant new material in support of the application the SCAA is likely to reach the same decision . However, it is important that the applicant understands that a refusal or revocation is not for life.

4.5.3 As explained above, the SCAA may only be entitled to have regard to the competence of the applicant. This has two consequences. First, it may not be entitled to take account of the fitness of character of the applicant save insofar as that may affect his competence, example: if it has been established that he falsifies maintenance records that can affect his ability to properly maintain his aircraft. The second consequence is that consideration of the fitness and competence of the staff employed by an applicant cannot directly be considered but only in so far as it affects the competence of the applicant himself. This can raise difficult questions of judgment and practice.

4.6 PROCEDURES WITHIN THE FLIGHT OPERATIONS DEPARTMENT 4.6.1 Refusal letter (Notice): Full and comprehensive reasons must be given. Letters, other than

those approving applications in terms requested, must be drafted or cleared by the SCAA Legal Adviser. These letters must be addressed to the Company Secretary at the registered office, referring to the relevant state legislation, be signed ‘for the SCAA’ by the Head of Section or a more senior officer and dispatched by recorded delivery with a copy to senior SCAA management.



4.6.2 Action by Flight Operations Department: On receipt of a request for a review, OPS Directorate will acknowledge receipt asking in what form the applicant wishes to make representation and who will be attending the hearing; The Head of Section will inform the Legal Department of the outcome.

4.6.3 Request for Review: A copy of the letter of request for a review should be sent to the Legal Adviser with a copy of the refusal letter. Copies of the papers must be sent to the relevant senior manager. All relevant papers should be copied.

4.6.4 The OPS Directorate will prepare a brief for the panel and send it to the Legal Department. 4.6.5 Action by the Legal Department:

a) Will arrange for a panel of members of the SCAA to review t he case; b) Will arrange the date, time and location of the hearing, inform all parties and will confirm

attendance by all parties; c) Will arrange for a shorthand writer or other recording system if appropriate to be available

at the hearing; and d) Will look at the brief, make any amendments and return it to the OPS Directorate.

4.6.6 The final brief will be prepared by the OPS Directorate and forwarded to the Legal Department for distribution.

4.6.7 The Legal Department will send out the brief to all relevant parties; the brief to the applicant must go by recorded delivery or such other method as to ensure its arrival.

4.6.8 Final Action: Once the panel reach a decision after the hearing, the Legal Department will prepare a draft letter which will be approved by the Review Board Members and then sent recorded delivery to the applicant by them.

4.7 REGULATION PROCEDURE – CHECKLIST

No Item Responsible Proposal letter

The starting point is a proposal letter proposing to revoke etc. This is drafted by the OPS Directorate and vetted by Legal Department. This must contain all the reasons for the proposed revocation etc.

OPS Directorate/SCAA Legal Advisor

Open file. It may be appropriate to open a new file to deal with each new case.

SCAA Legal Advisor; Office Manager

Request For Review If a request for a Review is received by OPS DIRECTORATE, it should be copied to Legal Department immediately.

OPS Directorate

Acknowledge request and send guidance notes Legal Department should acknowledge the request, confirm that arrangements will be made for the Review and send a copy of the guidance notes. A copy of this letter should go to OPS Directorate.

SCAA Legal Advisor

Arrangements for Review (a) Legal Department agrees with OPS DIRECTORATE a timetable for the hearing. First, an estimated date for submission of the draft brief. Add two weeks for Legal Department to comment and for OPS DIRECTORATE to prepare the revised brief and two weeks for final brief to be sent out prior to hearing. This gives the earliest date for the hearing (ie draft date plus 3 or 4 weeks). b) When obtaining estimated date for draft brief from OPS DIRECTORATE obtain also a provisional list of persons who will attend the review and a contact point for the Office Manager.

OPS Directorate/ SCAA Legal Advisor



c) Request Office Manager to seek a hearing date as soon as possible thereafter. Advise on preferred Board Members and Chairman, estimated length of hearing and the OPS DIRECTORATE details referred to above. d) Once hearing date is established convenient for the Members and OPS DIRECTORATE: - (i) Book room. (ii) Book shorthand writer or other recording system. (iii) Book refreshments if required. (iv) Advise Reception. (v) Notify all parties.

SCAA Legal Advisor SCAA Legal Advisor; Office Manager

OPS DIRECTORATE prepares draft Brief A draft brief which has been fully cleared by OPS Directorate is submitted to Legal Department for approval.

OPS Directorate

Watching the Milestones The Lawyer should ensure that the process remains on target. If any Milestones are missed (e.g., submission of draft brief) immediately review with OPS Directorate whether the time can be made up.

SCAA Legal Advisor; OPS Directorate

Copies of Brief Copies of the approved brief will be prepared by OPS Directorate. Copies of the brief will be required for each Review Board Member, the shorthand writer, the lawyer and however many officials from OPS Directorate will attend.

OPS Directorate

Sending out the Brie f Unless time is critical, all copies of the brief should be sent to the Lawyer for distribution. If the brief is ready in time, send to Applicant at the same time as notifying them of the hearing date. Otherwise, send the brief as soon as possible and in any event so that it will be received by the Appellant and the Members at least 2 weeks before the hearing date. The brief should be sent Recorded Delivery to ensure its arrival. The covering letter should advise the Applicant of the names of all intended OPS Directorate attendees, their job title and a brief explanation of the reason for their attendance.

SCAA Legal Advisor; OPS Directorate

Attendees from OPS DIRECTORATE Prior to the hearing the lawyer will confirm with OPS DIRECTORATE the names of the officials who will attend and will advise the Review Board Members accordingly. The lawyer will a lso advise the Members of details of persons accompanying the Applicant. At the hearing the OPS DIRECTORATE officials should remain in a waiting area until invited into the hearing by the Members once they have introduced themselves to the Applicant.

SCAA Legal Advisor; OPS Directorate; Members

Confirmation of Attendance a) When notifying the Applicant of the date of the hearing, a copy of the letter should be sent with a stamped, addressed envelope with the request that he confirm that he will be attending by signing and returning that copy. The Applicant should also be asked whether he will be accompanied by a representative and the total number of persons in his party (for administrative purposes).

SCAA Legal Advisor



b) It is essential that confirmation be received from the Applicant that he will be attending. If no such confirmation has been received two weeks before the hearing date the Applicant should be contacted to ask whether he will be attending. If communication cannot be established, a further letter should be sent requesting an immediate reply and explaining that without such confirmation by return the hearing will be cancelled and the Regulation Review will be conducted solely on the basis of the Brief which will include any written representations but in the absence of the OPS DIRECTORATE officials. In no circumstances must the hearing date arrive without specific confirmation from the Applicant that he will be attending.

Decision Letter Draft decision letter to be approved by all Members of the Review Board.

Review Board Members/ Legal Advisor

Copy decision letter The decision letter will be sent to the Applicant. A copy will be sent to the Director, OPS Directorate official concerned and to the lawyer

Review Board Members

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