Description of USA and European Aviation Framework

Module 10 Aviation Legislation

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Table of Contents

Introduction......................................................................................................................................1

Summary......................................................................................................................................2

EASA Part 66 and FAR Part 65..................................................................................................2

EASA Part 66..........................................................................................................................3

FAR Part 65.............................................................................................................................6

Boeing or Airbus........................................................................................................................11

EASA Part 145 and FAR part 145.............................................................................................12

Advantages and Disadvantages of EASA..................................................................................13

Advantages and Disadvantages of FAA....................................................................................14

Proposal.....................................................................................................................................17

Conclusion.................................................................................................................................17

References......................................................................................................................................19

Bibliography..................................................................................................................................19

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Introduction

Aircraft have been on an evolutionary chain ever since 1903, where the wright brothers

were the 1st to make a successful powered and controlled flight. Since then demand

has increased dramatically as a military advantage, international commercial transport

and trade. With the increasing number of recorded accidents and fatalities it came

apparent that aviation had to be regulated to ensure a reliable and safe means of

transportation.

In 1944 the Chicago convention assembled where 52 states arrived to discuss a

number of aspects concerning aviation safety. The International Civil Aviation

Organisation was the outcome of the convention where ICAO was devised on, 6th of

June 1945 and it was in operation by the 4th of April 1947 when ICAO came into being.

ICAO then became a specialized agency with the United Nations in October 1947.

ICAO developed Standards and recommended Practices. The SARPS are the minimum

requirements and they are divided into 18 Annexes, each of which explains in detail

what rules and regulations have to be followed. Each country would abide by these

standards and tailor them to their needs. They are known as National aviation

Authorities (NAA’s).

In this assignment I will discuss two recognised NAA legislative structures to the chief

executive of a Middle Eastern airline. It will propose which framework of legislative

structure to pursue in order for international operations on commercial aircraft which is

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greater than 5700kg’s. The two legislative structures the assignment will discuss are the

Federal Aviation Authority (FAA) for the USA and the European Aviation Safety Agency

(EASA) for Europe. Before EASA there was the Joint Aviation Authority the JAA had no

legal regulatory authority. JAA’s airworthiness directives and standardization of NAA’s

have transferred to EASA where EASA has legal regulatory authority within the

European Union.

Summary

To set up an FAA or an EASA legislative structure there are 3 major foundations

needed:

i) A qualified training centre which is monitored by the National Air Authority (NAA) for

continual compliance.

ii) Certified maintenance engineers who are in compliance with the legislative structure

and who have achieved all the prerequisites and are certified by the NAA.

iii) A certified maintenance organisation where work on aircraft is carried out and

documented appropriately which is monitored by the NAA for continual compliance.

EASA Part 66 and FAR Part 65

In order for aircraft to be released to service there has to be certified aircraft

maintenance engineers in place to sign for a certificate of release to service. An aircraft

engineer has to go through a training course and work experience on aircraft and once

all the prerequisites are met that engineer will be issued a license from his national

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aviation authority. That license shows he is competent and is authorized to sign for a

certificate of release to service. EASA part 66 and FAR 65 vary quite differently in

certifying aircraft maintenance engineers on how they are trained, the roles of their

duties and there titles.

EASA Part 66

EASA part 66 certifying engineers are initially trained in a certified EASA Part 147

training centre organisation gaining theoretical knowledge. Applicants will be given

multiple choice exams where they must achieve a grade of 75% and above. Some

modules require an essay such as Module 10, Air Legislation. This shows the

competence of the applicant to write reports in an understandable manner and there in-

depth knowledge on the topic, for example filling out EASA form 1. Depending on the

module and license the applicant is applying for, there are 3 levels, 1, 2 and 3, the exam

will be in conjunction with those levels with that particular module. Applicants will also

be given assignments throughout the course which will demonstrate their in-depth

knowledge of the topic. There are 4 categories of licenses:

Category A

A certified A license engineer is one who carries out minor scheduled line

maintenance. He is able to rectify simple defects and issue a certificate of

release by another qualified A or B1 licensed engineer. He would have to

complete a minimum of 800 hours’ work experience on aircraft either in a part

145 or 147 organisation.

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Category B1

A certified B1 licensed engineer is one who carries out base maintenance. He

automatically has the skill sets required for an A license holder which entitles

him to certify line maintenance. He is able to carry out maintenance on the

airframe, mechanical components and powerplant. He is able to interchange

Line replacement units and carry out serviceability checks and amongst other

electrical systems, such as fault finding. Another B1 licensed Engineer would

review and certify his work and sign the certificate of release form. A B1

engineer would need to complete 2400 hours of work experience before he

would be issued a B1 license.

Category B2

A certified B2 licensed engineer carries out maintenance on avionic

equipment and electrical systems. Another B2 Licensed engineer will assess

his work and issue a certificate of release. A B1 engineer would need to

complete 2400 hours of work experience on avionic and electrical systems

before he would be issued a B2 license.

Category C

A certified C licensed engineer is the engineer who does the final check on

the aircraft and gives the final signature of EASA form 1 the certificate of

release to service CRS/SMI. In another way of putting a C licensed engineer

they certify Base maintenance. C licensed engineers would not be able to

certify any maintenance regarding overhaul. There are exceptions which are

listed in subpart Leaflet H-20, BCAR Section L, Paragraph 4.4.

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A C licensed engineer would have to of complete 3 years work experience

acting as a B1.1, B1.3 or B2 license or both in order to achieve the C license.

He may also take the academic route where he has to have a degree and

have worked in an aircraft maintenance environment and is required to take

an examination. He would also need to monitor base maintenance for 6

months.

Category D

A Category D licensed engineer carry out overhaul maintenance, where

he/she or another D licensed engineer may certify the certificate of release to

service.

Categories A and B1 are subdivided into subcategories which are specific licenses to

work on aeroplanes, helicopters and whether they are powered by turbine engines or

piston engines. The subcategories are as follows:

A1 and B1.1 Aeroplanes Turbine

A2 and B1.2 Aeroplanes Piston

A3 and B1.3 Helicopters Turbine

A4 and B1.4 Helicopters Piston

After all modules are completed and passed he has to complete 20 weeks’ worth of

work experience on aircraft outside the part 147 organisation, but in an approve part

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145 organisation. This will entitle him to the certificate of completion providing he has

above 85% attendance. He may then send of his log book to his NAA were everything

will be reviewed and if everything checks out he should receive his license. Some

NAA’s require more stringent rules such as the CAA where once one has received the

certificate of completion he must go through another 2 years work experience on aircraft

before handing in his logbook for review. When the applicant gains his license he is still

not able to sign a certificate of release. There is another requirement from EASA were

licensed engineers must take a type rating course, they must pass the exam by

obtaining 75% and up. This means he/she must take another training course on a

specific aircraft for example Airbus A320. Once the engineer has passed the type rating

course he would then meet the standards of EASA where he can sign the certificate of

release form.

With the vast knowledge gained during theoretical training licenced Aircraft

Maintenance Engineers are able to be shuffled around in the hanger doing different

tasks. This enables the engineers to be able to work on different systems on an aircraft.

This prevents or limits the need to call in specialists to carry out tasks and also

motivates staff for they are not doing the same job and procedure day in and day out.

FAR Part 65

The FAA is quite different compared to the EASA’s way of certifying engineers. The

FAR part 65 certifying applicants go through a lot of on the job training where they gain

work experience on aircraft in an FAR part 147 organisation, certified by the FAA. This

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is an advantage for those FAA applicants. If they do not succeed in passing the license

requirements they would have gained experience on maintenance based on his

attendance. An organisation may choose to employ him but he/she will be unable to

certify his work and would have to be supervised by a licensed mechanic.

The FAA issue 3 types of licenses which are airframe mechanic, powerplant mechanic

or and airframe and powerplant mechanic which is designated as an A&P license.

In order to achieve the license an applicant would have to:

Complete 18 months of on job training and successfully within an approved FAR

part 147 organisation.

Produce and pass a written test in conjunction with the rating the applicant is

seeking.

Finally a knowledge based test which is a multiple choice format test. It is done

on a computer and there are 3 type of tests:

General (Mandatory)

Airframe

Powerplant

Make an appointment with the local Flight Standards District Office (FSDO)

where they will provide evidence of the passed knowledge based test and written

test with an 8610-2 form filled out.

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An interview will take place with a Designated Mechanic Examiner and

Airworthiness Inspector (AI) who will assess you according to the license the

applicant is pursuing.

The Designated Mechanic Examiner will carrie out a practical exam in the part

147 organisation.

An applicant must achieve 70% and over in all test areas and satisfy the interviewer in

order to hold an A&P license. This must all be done in the space of 24 months. It is a

quicker route than EASA Part 66 and more cost effective which is what all business

organisations look for.

The role of an airframe mechanic would carry out maintenance on airframe components

such as wing, hydraulics, landing gear and control surfaces. They may maintain and

certify their own work. They would not be able carry out any maintenance on powerplant

unless they are supervised by a certified powerplant licensed holder, where that

licensed holder would certify it.

The role of a powerplant mechanic can carry out maintenance in regards to

reciprocating engines and turbine engines. He/she would not be authorised to do any

airframe maintenance unless also supervised by a licensed airframe certified mechanic.

An airframe mechanic and powerplant mechanic known as an A&P mechanic can do

both maintenance and certification to release to service on airframe structures and

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powerplants and needs no supervision unless it is a major repair were an Inspector

Authority would take a 1st initial look and advise the A&P mechanic.

All three types of licensed mechanics had to of taken the general test in the knowledge

based multiple choice exam. This includes mainly maths, physics and basic electronics

the same as what a B1 licensed engineer would have to of taken. The A&P engineer is

authorised to do some electrical jobs and certify that to the extent of his knowledge such

as fault finding for example. Once the fault has been found let’s say the altimeter is

faulty he would have to call in a repairman to carry out maintenance on that electrical

component.

A repairman is not an A&P mechanic and is not equivalent to a B2 engineer. A

repairman is one who is certified and recognised only by that particular 145 repair

station. A repairman is a specialist in a certain field. Before becoming a repairman that

individual could have knowledge he gained from a previous job in communications, or

was not able to pass the exams in order for him to obtain his license. The part 145

organisation would take the responsibility of training him for 18 months supervised by a

certified repairman in that specialised field. Any work carried out by the applicant would

be certified by the certified repairman who is supervising and training him/her. Once the

supervisor is satisfied he/she would setup an interview by a representative in the FAA

who has extensive experience and be given an oral exam. When the applicant has

satisfied their needs he would be a certified repairman in that field he gained training in

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and experience. He would then give a certificate of release to service of components

and not the aircraft itself.

A&P mechanics have the disadvantage when it comes to calling a repairman to do a

task which they are not qualified to do. This costs more money to certify repairmen for

specialist qualifications such as communications, ECAM systems, propellers etc. An

A&P mechanic may not do any maintenance on a propeller where as a B1 engineer

can, he may do minor repairs on them. A repairman would have to carry out any

inspections and maintenance on propellers and only he may issue a certificate of

release to service.

Once an Aircraft has completed all maintenance and has been certified by the

appropriate A&P licensed mechanics, those certified documents may be presented to

an Inspector Authority (IA). The IA is the almost equivalent to a C licensed Engineer, he

will carry out the final inspection on certified maintenance and issue certification of

certificates of release to service. An IA would lack the knowledge of B2 engineers that is

why “almost equivalent” is mentioned. The IA would not be able to certify any major

repairs, the major repairs are certified by the repairmen attached with the certificate of

release to service a Form 337. Form 337 details the operation which took place during

the major repair or alteration.

An IA would have to have already acquired an Airframe rating and a Powerplant rating

in order to be eligible. In order to obtain the license as an IA he/she would have had to

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work as an A&P mechanic for a minimum of 3 years in a certified far 145 organisation.

An AI would then be required to take an exam approved by the FAA which lasts for 3

hours and there are 50 questions. The A&P mechanic must obtain 70% and over in

order to qualify. The IA must go for renewal every two years where he must present an

8610.1 form showing and show documentation that he is in compliance with 14 CFR

§65.93. He must show inspection authorization on either 4 annual inspections or 8

major repairs/alterations on his 8610.1 form. The IA may attend an 8 hour training

seminar if he has not been engaged in certification of release to service as an IA.

Unlike EASA licensed engineers, A&P mechanics and IA’s are not required to hold a

type rating on aircraft. It is not a requirement by the FAA that a Mechanic should hold an

aircraft type rating.

Boeing or Airbus

An aircraft has to hold a full Certificate of Airworthiness to be legally able to fly

commercially. The aircraft in question above 5700kg would have to meet the

requirements of CS-25 which are the design requirements and Part-21 which details the

type- certification requirements. There are Bilateral Aviation Safety Agreements (BASA)

between the FAA and EASA for airworthiness. The aircraft would then go through a

type certification process where the CAA will investigate the aircraft on behalf of EASA

to see whether or not the aircraft meets or exceeds the design requirements. The

investigation also includes inspection on aircraft maintenance schedules and manuals

for engineers and pilots. Depending whether you want your organisation to have Airbus

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or Boeing aircraft it would not have an affect whether it be EASA or FAA as your

framework.

EASA Part 145 and FAR part 145

A part 145 organisation is where base maintenance on aircraft is carried out. There is

no major difference between the 2 aircraft maintenance organisations. Both

organisations need to set the same standards when it comes to maintaining the aircraft.

A part 145 organisation would possess the same facilities and equipment in order to

maintain the aircraft. The environment within the AMO would also have to meet a

certain standard which satisfies the human need and the aircrafts need. The part 145

organisation is a certified base to carry out maintenance where only certified personnel

are able to issue a certificate of release to service (CRS). Both are needed in order to

certify the aircraft.

Part 145 organisations have 2 types of audits internal and external, in the UK the

internal audit is Air Safety Review Board (ASRB), this includes members such as the

CEO, Safety Managers and heads of departments. It is the highest safety related

meeting and it is there to see if their SMS is functioning correctly and that there safety

related objectives are achieved. They would also address any problems which hinder

the organisation to achieve a safer environment. More information regarding ASRB is in

the document CAP 712 Appendix E.

The external audits within the UK are carried out by the Safety Regulatory Group (SRG)

they meet with managers lower in the chain such as a line and base maintenance

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engineer. The SRG is a group part of the CAA which is a requirement by EASA that

each NAA should have. The SRG advise of aviation safety related issues and address

risks which have been appointed by staff members. They have the authority to suspend

or shut down the organisation if unsafe acts are being carried out. More information on

SRG is found in CAP 712 appendix F. Audits are carried out to ensure the organisation

is meeting up to all safety standards and to see whether they are meeting quality

assurance.

Advantages and Disadvantages of EASA

With EASA it would cost more money and more time to implement. The main reason

why it takes longer to implement is because when an engineer has completed all his

modules in a part 147 organisation and receives his certificate of completion, he is also

required to complete 2 years’ experience on aircraft before he can receive his licence

from the NAA. It would cost more money because while staffs are being trained

subcontracting from other areas of the world would have to take place in order to run

the part 145 organisation. Compared to the FAA, EASA has more stringent rules and

regulations in place which also makes it longer to implement which in turn makes them

a stricter governing body.

Technology on aircraft is advancing on a day to day basis. With these advancements

coming out on new aircraft such as Boeing 787 Dreamliner and Airbus A380, engineers

need to know how to maintain such advancements in order to manifest themselves in

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today’s world. EASA is adding new material to be learnt within the modules to keep

future engineers up to date with the ever growing technological advancements, by

adding new chapters in the relevant modules. For example for module 11a there are 3

new chapters Integrated Modular Avionics, Cabin Systems and Information Systems.

This is being done so individuals who enter the industry have a better up to date

knowledge which will enable them to work on present technology. The Airline would not

need to dedicate themselves and spill out revenue in putting their staff on a training

course to specialize in the entertainment system for example, for they already have

extensive knowledge on the system.

With the extensive theoretical training the engineers undertake it allows them to work on

a variety of areas on the aircraft which will save the airline money. For example A&P

licenced mechanics are not able to minor repairs on the propeller assembly. They would

need to call in a repair man to undertake the task. It is also a requirement from EASA

that the part 66 training course includes Human Factors and Legislation. This prepares

them on how an engineer should behave in that sort of environment and how the

system works as a whole. There is a training guide on the FAA site for Human Factors,

however it is not a requirement by the FAA and an A&P licensed mechanic is not

required to undergo any tests.

Advantages and Disadvantages of FAA

Setting up an FAA based framework is more cost effective and less time consuming.

The reason behind this is that an applicant who wants the license can do it within 24

months within an approved FAR Part 147 organisation. The mechanics that enter the

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field of Aircraft maintenance have already had on job training where they have more

practical experience on working on aircraft than an EASA part 66 trained engineer.

It is not a requirement within the FAR part 65 that they must do a course in Human

Factors and Legislation. Most airlines would require such training for already licensed

mechanics and this is approved by the FAA. The FAA also has a training course on

human Factors on their website. The A&P mechanics do not have an extensive

theoretical knowledge compared to a B1 or B2 licensed engineer so because of this

there would be a necessity to employ more repairman for different sets of tasks. By

needing to do this it would cost the airline more money employing these extra staff for

specialized jobs. For example a repair man would have to be called in to do a minor

repair on a propeller blade. The theoretical testing procedure is not as stringant as

EASA’s, applicants need only to receive 70% while EASA part 66 requires 75% in order

to pass. When required applicants may also use a calculator as an aid but EASA

prohibits such luxuries.

The main disadvantage now a days is that the FAA are not permitted to certify new

foreign repair stations which has been ruled by the US Congress.

“SEC. 1616. REPAIR STATION SECURITY.

(a) CERTIFICATION OF FOREIGN REPAIR STATIONS SUSPENSION.—

If the regulations required by section 44924(f) of title 49, United

States Code, are not issued within 1 year after the date of enactment

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of this Act, the Administrator of the Federal Aviation Administration

may not certify any foreign repair station under part 145

of title 14, Code of Federal Regulations, after such date unless

the station was previously certified, or is in the process of certification

by the Administration under that part.

(b) 6-MONTH DEADLINE FOR SECURITY REVIEW AND AUDIT.—

Subsections (a) and (d) of section 44924 of title 49, United States

Code, is amended—

(1) in each of subsections (a) and (b) by striking ‘‘18 months’’

and inserting ‘‘6 months’’; and

(2) in subsection (d) by inserting ‘‘(other than a station

that was previously certified, or is in the process of certification,

by the Administration under this part)’’ before ‘‘until’’.”

Implementing Recommendations of the 9/11 Commission Act of 2007, SEC. 1616.

With this rule in place FAA are not able to certify new foreign Repair stations and are

bound by law till US congress eliminates the rule. This rule has been implemented ever

since the August 3rd 2008 where congress demanded the Transportation Security

Administration to finalize repair station security rules. They did not meet the dead line

and as of now it is still not allowed to certify new foreign repair stations.

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Proposal

Dear acting CEO of Middle Eastern Airline,

With the report presented to you I propose

the EASA framework. Although more costly to implement the advantages outweigh the

disadvantages. Subcontracting would be necessary unless your nation has already

trained EASA licensed Engineers. It would take a maximum of 5 years to have your own

trainees to be licensed in accordance to part 66. This also depends on the rules of your

NAA to issue licenses.

Regards,

Zeus (Managing Consultant)

Conclusion

Based on the report which has been presented to the reader I would advise an EASA

framework to be put in place so that the airline can start international operations.

Although both FAA and EASA have good safety records and that the FAA would be

more cost effective and will take less time to implement; it’s the authors’ judgement that

EASA would be a more beneficial candidate. EASA would be a more beneficial

candidate because they are keeping up to date with the technological advancements in

training the future engineers. There are more stringent rules and regulations set in place

to achieve safety. For example it is a requirement by EASA that there should be

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duplicate inspections while the FAA an A&P mechanic can sign of his own work unless

the aircraft maintenance manual stipulates otherwise. The rules and regulations for

EASA are evolving at an alarming rate to achieve safer air travel and to meet the

technological demands of today’s world. United Arab Emirates have also employed the

EASA type framework, they’re NAA is the General Civil Aviation Authority. For a country

in the Middle East under a new FAA structure it may cause a dispute and delays in by

the UAE’s NAA in allowing them to operate. There are bilateral agreements with EASA

and FAA but not between each NAA. NAA’s exceed the EASA requirements which may

compromise the FAA structure in operating sooner than an EASA framework due to

paper work (legislation). This would have an adverse impact on business relations and

would cost more money to run rather than implementation.

As mentioned earlier with the FAA structure it is more cost effective and takes less time

to implement, but unfortunately due to terrorism the US congress has banned new

foreign repair stations. Having the FAA as a framework for your organisation is not an

option.

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References

Implementing Recommendations of the 9/11 Commission Act of 2007, SEC. 1616.

Accessed on:http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?

dbname=110_cong_bills&docid=f:h1enr.txt.pdf

http://www.arsa.org/node/794

Accessed on (08/02/2012)

Bibliography

EASA Part 145 Document Accessed on (18/11/2012)

FAR Part 145 Document Accessed on (18/11/2012)

EASA Part 66 Document Accessed on (18/11/2012)

FAR part 65 Document Accessed on (18/11/2012)

CAP 712 section 2.7 Accessed on (18/11/2012)

CAP 562 Accessed on (18/11/2012)

http://www.easa.eu.int/rulemaking/docs/international/uae/IP%20GCAA.pdf

Work Arrangement between GCAA and EASA. Accessed on (13/11/2012)

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