Operations and Licensing: Part 2

1
Reciprocal Acceptance of Operations
SpecificationsWhat Should Future Bilateral
Agreements Look Like?

• Operations and Licensing Part 2

2
Defining the Issues

• Responsibilities of States
• Chicago Convention
• State Regulatory and Oversight System
• The Operator
• Air Operator Certificate (AOC)
• Operations Specifications
• Operators Operations Manual
• Role of ICAO
• Universal Safety Oversight Audit Program (USOAP)
• International AOC Register
• Bilateral Considerations
• Air Safety Clause / Air Services Agreement

3
Responsibilities of States

• Acceptance of International Standards
• Chicago Convention
• Development of State Regulatory System
• implementation of SARPs
• Certification of Operators
• issue Air Operator Certificate (AOC) and
  Operations Specifications
• Conduct of Safety Oversight
• national and foreign operators within its
  territory
• global information sharing

4
The Operator

• Air Operator Certificate (AOC)
• provides legal basis for the operation
• identifies State of the Operator
• facilitates oversight surveillance and foreign
  authorizations
• Operations Specifications
• associated with AOC
• specifies authorizations, conditions and
  limitations
• facilitates oversight surveillance and foreign
  authorizations
• Operations Manual
• defines operational structure, responsibilities,
  duties procedures, management system

5
Aircraft Operator Certificate (AOC)

• Responsibility for safe operation rests
  essentially with the operator
• The State of the Operator ensures fitness of its
  operators through safety oversight (certification
  and surveillance)

6
Air Operator Certificate (AOC)

• Standard minimum content
• Standard layout (1 Jan 2010)

7
Operations Specifications

• Standard minimum content
• Standard layout (1 Jan 2010)

8
The Role of ICAO

• Sets Global Standards
• Monitors Implementation by States
• Universal Safety Oversight Audit Program (USOAP)
• Flight Safety Information Exchange (FSIX)
• Safety Database
• International AOC Register ?
• IASDEX with other data sharing agreements

9
FORE I GN OPERATOR SURVEILLANCE
International AOC Register
State
AOC
State
AOC
State
AOC
State
AOC
State
AOC
State
Annex 6 Doc 8335
AOC
State
AOC
10
ICAO ProposalsAmendment 32 to Annex 6, Parts I
and III(to be effective 20 Nov 08)

• Encourage the International Recognition of the
  AOC by States
• Annex 6, Parts I III SARPS
• Harmonization of content and layout of AOC and
  Op Specs
• Document 8335 Guidance Material

11
Bilateral Considerations

• Mutual Recognition of Certificates and Licenses
• Chicago Convention (Art. 33)
• Compliance with Rules and Regulations
• Chicago Convention (Art. 12)
• Right to Inspect (Art. 16)
• Authorization and Surveillance of Foreign
  Operators
• Bilateral Air Services Agreements
• Model Clause on Aviation Safety

12
Bilateral Agreement Considerations

• Reciprocal acceptance with conditions and
  validations
• Operations Specifications Recognition Agreement
  Procedures
• Standardized authorizations
• Issuance of appropriate Technical Permissions
• Specialized Authorizations and Limitations
• Differences tailored to individual Operator

13
State of the Operator, State of Operations, and
Operator Requirements

• States establish foreign operator surveillance
  program
• Operators meet and maintain State of Operations
  requirements
• Operator and State of the Operator notified of
  non-compliance
• State of Operations and State of the Operator
  consult regarding Operator compliance

14
What States NeedWhy Operations Specifications
are necessary at some level why they wont go
away.

• Chicago Convention
• Art. 1 (sovereignty)
• Art. 6 (scheduled air services)
• Art. 12 (rules of the air)
• Conditions and Limitations
• Technical Permissions

15
Your thoughts?