Application for JAR-66 Licence - Irish Aviation Authority

Reference No: 01/13
Issue 1
Page: 1 of 4
Issue Date: 31/03/13
SAFETY REGULATION DIVISION
PERSONNEL LICENSING
ADVISORY MEMORANDUM (PLAM)
Focal: FCL
TITLE GUIDANCE TO NON-IAA EXAMINERS CONDUCTING TESTS ON PILOTS WHO HOLD A LICENCE ISSUED BY
THE IAA (AS REQUIRED BY FCL.1015 (C), (1) AND (2))
This PLAM is issued for informational purposes only, it does not amend or supersede the applicable regulation,
if any doubt exists please refer directly to the applicable regulation.
1.0 Definitions:
In this PLAM and associated appendices references to: -
“ATO” means ‘Approved Training Organisation’
“IAA” means the Irish Aviation Authority
“IAA Licence Holder” means the holder of a pilot licence issued by the IAA in
accordance with (EU) Reg. 216/2008 as amended or JAR-FCL licences which are
deemed to be issued in accordance with (EU) Reg. 216/2008 as amended by Art.4 of
(EU) Reg. 1178/2008
“NAA” means the Competent Authority of the Member State of Examiner Certificate
issue or pilot licence issue (as appropriate) other than the IAA.
“Member State” means EU Member States and European Third Countries
participating in accordance with Article 66 of (EU) Reg. 216/2008
“Tests” means Skill tests, Proficiency Checks or Assessments of Competence
“Non-IAA Examiner” refers to examiners who hold an examiner certificate issued
by the NAA of a Member State other than Ireland.
2. Introduction:
2.1 EU Reg. 1178/2011 as amended by EU Reg. 290/2012, applicable in Ireland from
the 8 th April 2013 requires all Non-IAA Pilot Examiners wishing to conduct Tests on IAA
pilot licence holders to inform the IAA of their intention to conduct the Test, to advise the
scope of their privileges as Examiners and to receive a specific “Briefing” from the IAA
on the items set out in 2.3 below. As the Implementing rules do not contain any guidance
on the means of delivering the “Briefing”, the IAA has published an “Alternative Means
of Compliance” (Alternative Means of Compliance (IE/IAA/FCL 01-2013) is available
on the IAA website – www.iaa.ie ).
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2.2 The requirements above are set out in EU Reg. 1178/2008, Annex I Subpart K –
Examiners’ at reference ‘FCL.1015 (c)’ and will apply to all categories of Non-IAA
Examiner wishing to conduct a Test on the holder of an IAA licence.
2.3 This PLAM defines how the IAA will manage the requirements of FCL.1015 (c) to
receive a notification of all tests conducted on holders of an IAA issued pilot licence by
Non-IAA Examiners And also, the requirement for the IAA to provide such examiners
with a specific briefing on:
1) National Administrative Procedures
2) The requirements for the Protection of Personal Data
3) Liability
4) Accident Insurance
5) Fees
2.4 This PLAM is based on the premise that Examiner Certificates issued by Member
States are compliant with Article 1 and Article 7 of EU Reg. 216/2008 and that the
continued oversight of such Examiners is conducted by their own NAA in accordance with
ANNEX VI & VII of EU Reg. 290/2012 and that such Examiners are qualified in
accordance with Subpart K of ANNEX I of EU Reg. 1178/2011.
2.5 This PLAM does not purport to replace any of the Examiner training or
standardisation required by the regulations above or to issue any additional certification or
qualification.
3. Requirement and Scope of this PLAM
3.1 EASA PART FCL.1015 - “Examiner Standardisation” - requires, inter alia, that an
Examiner certified by one Member State, when conducting a test on the holder of a licence
issued by a different Member State, shall –
3.1.1 Notify the NAA of the licence holder of their intention to conduct a test: and
3.1.2 Receive a briefing from that NAA concerning:
1) National Administrative Procedures
2) The requirements for the Protection of Personal Data
3) Liability
4) Accident Insurance
5) Fees
3.2 The IAA has determined that there are two distinct cases for Tests conducted by
Non-IAA Examiners on holders of an IAA licence. They are:
1) Tests conducted by Non-IAA Examiners on IAA licence holders in
Ireland.
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2) Tests conducted by Non-IAA Examiners on IAA licence holders
outside Ireland in the jurisdiction of another Member State or
EASA.
The main difference in the two cases above is that all the IAA National Administrative
Procedures which apply to Tests conducted in Ireland may not necessarily apply
outside of Ireland; however the National Administrative Procedures of the Member
State where the Test is conducted may apply.
3.3 All Examiners must ensure that they are familiar with the National Administrative
Procedures applicable in the Member State where the test is conducted.
4. Method of Receiving the IAA Briefing
4.1 In order to receive this briefing, Examiners should preferably :
4.1.1 register and receive the briefing by logging on to the IAA website
(www.iaa.ie) and following the link to Examiner Briefing; or
Alternatively, where an arrangement exists with an ATO:
4.1.2 receive the ‘briefing’ from a person authorised in writing by the
Authority. In this case the “Record of FCL Briefing” form at
Appendix 3 to this PLAM must be signed by the person authorised to
deliver the briefing and the Examiner receiving the briefing. The
signed form should be sent to the IAA FCL office at:
The Irish Aviation Authority,
Flight Crew Licensing Department,
The Times Building,
11-12 D’Olier Street,
Dublin 2,
Ireland.
Or the form may be scanned by email to flight.test@iaa.ie
4.2 The briefing will only need to be received once and will not change unless the
briefing requirements change. In this case the IAA will notify all examiners who
have registered their details.
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5. Method of Test Notification Acceptable
5.1. In order to notify the IAA of their intention to conduct a test and the scope of their
privileges, Pilot Examiners may notify the Authority:
5.1.1 by using the link on the IAA website to Examiner Briefing; or
5.1.2 through an arrangement agreed by the Authority with an ATO;
6 Contents of Notification:
(Online notification form contains all necessary information)
6.1.1 EXAMINER INFORMATION:
- Examiner full name
- Examiner date of birth
- Examiner licence number and State of licence issue
- Scope of examiner’s privileges and
- Validity date of Examiner Certificate
6.1.2 CANDITATE INFORMATION:
- Candidate full name
- Candidate date of birth
- Candidate licence number
7.0 Queries
6.1.3 TEST INFORMATION:
- Test Location
- Aircraft Type
- FSTD Qualification No. (if applicable)
- Intended Date of Test
7.1 Any queries from Examiners on this briefing should be referred by email for the
attention of the Chief Flight Examiner to: flight.test@iaa.ie
NOTE 1: The Notification requirements above will allow a Non-IAA examiner to meet the legal
requirement of FCL.1015 (c). This notification does not imply any permission or approval from the
IAA regarding the conduct of any test or the use of any aircraft or simulator nor does it empower
any examiner in any way to contravene the laws, rules or procedures which are in force in the
jurisdiction where the test is to take place.
NOTE 2: In certain circumstances, Non-IAA Examiners may be conducting tests on IAA licence
holders on a regular basis, for example, in an ATO associated with Air Carrier operations. In
these cases it may be possible for alternative arrangements to be put in place taking account of the
ATOs internal approved management system. In these cases Examiners or the Senior Examiner or
Post Holder in charge may contact the IAA (flight.test@iaa.ie) to discuss suitable arrangements
for the on-going conduct of Tests.
END
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Appendix 1 IAA Part-FCL Examiner Briefing
1) National Administrative Procedures: In general, the IAA’s National
Administrative Procedures will not all apply in the jurisdiction of another Member
State, although some elements of these procedures will be the same regardless of
the test location e.g. Designation of a Skill Test, Record keeping or Dispute
resolution.
Non-IAA Examiners conducting Tests on holders of an IAA issued Pilot licence
must ensure that they comply with any “National Administrative Procedures”
which are applied by the NAA in the Member State where the test takes place.
When a test is conducted by a Non-IAA Examiner on the holder of an IAA licence
in Ireland, then such Examiners must ensure that they comply with the IAA’s
National Administrative Procedures as appropriate.
Note: The IAA’s National Administrative Procedures are detailed in Appendix 2
2) Data Protection: Examiners acknowledge and accept that a test candidate’s personal
details are protected by the Irish Data Protection Acts as well as the laws concerning data
protection of the Member State where the test takes place or the laws applicable if the
test is conducted outside a Member State. In general, the Examiner must not
communicate any of the candidate's personal details to unauthorised persons.
2.1 When do these rights apply?
A person has the right to data protection when his/her details are:
Held on a computer; and / or
Held on paper or other manual form as part of a filing system; and / or
Made up of photographs or video recordings of the person’s image or recordings
of the person’s voice
2.2 What is the aim of these rights?
Data protection rights will help to make sure that the information stored about a
person is:
Factually correct; and
Only available to those who should have it; and
Only used for stated purposes
2.3 More information on the Irish Data Protection Act is available at:
www.dataprotection.ie
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Appendix 1 IAA Part-FCL Examiner Briefing
3) Examiner Liability: In the JAR-FCL system, Examiners conducted Tests on
behalf of the NAA. They exercised competences that were not theirs, but ‘delegated’
or allocated to them by the Authority. This system worked on the assumption that the
competence to conduct exams belonged to the Authority, which delegated it to the
Examiners. The system established by article 7(5) of the EU Reg. 216/2008 i.e. the
‘Basic Regulation’ is different. The fundamental difference which was introduced to
ensure consistency with the Basic Regulation, existing Implementing Rules (IRs) and
the envisaged scope and content of future IRs related to air operations, management
systems and NAA requirements, is that Examiners now draw their privilege to assess
the skill of pilots directly from the Community when they comply with the related
requirements. This is attested by a Certificate, which authorises the Examiner to
conduct Tests. Therefore, when conducting a Test, *Examiners are no longer acting
on a delegation from the Authority (NAA), but are exercising the privileges that are
given to them by the certificate they hold. Non-IAA Examiners conducting tests on
IAA licence holders must be aware that they now draw the privilege to conduct a test
from their ‘Examiner Certificate’ and are therefore not directly ‘Authorised’ by the
IAA or their respective NAA. This means that a ‘Certified Examiner’ may carry the
same legal, professional and jurisdictional liabilities as any other professional person.
Examiners are advised to seek independent qualified advice about their personal and
professional liability when conducting Tests in aircraft or simulators and if deemed
necessary (by the Examiner), to purchase personal and/or professional liability
insurance as appropriate. This type of insurance is not a requirement of the IAA and
should not be confused with Aircraft Accident Insurance.
* See: (NPA) NO 2008 17A - “Implementing Rules for Pilot Licensing” Explanatory Note and Appendices (Para.41)
4) Aircraft Insurance: On April 30, 2005, EU Reg. 785/2004 took effect. The
regulation sets out mandatory liability limits (inclusive of war risk) in respect of
passengers, cargo, baggage and third parties and will affect almost all aircraft
carriers and operators, both commercial and private, operating flights within, into,
out of, or over the territory of an EU Member State. When conducting a test in an
aircraft, the Examiner is normally designated as the Pilot in Command (PIC). In this
case, the Examiner must ensure that the aircraft is covered by the minimum
insurance required by EU regulations for aircraft insurance or in the case of a ‘Third
Country’ the minimum legal insurance required in that jurisdiction.
Examiners must also be aware that the minimum insurance requirements for aircraft
under EU law do not stipulate mandatory cover for the ‘First Party’ (i.e. the PIC).
Therefore, although an aircraft may meet the minimum insurance required by EU
regulations, the insurance may not cover any risk of accident to the Examiner
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Appendix 1 IAA Part-FCL Examiner Briefing
.
personally. All Examiners are advised to seek independent qualified advice about
their personal accident insurance needs.
Examiners must also be aware that many insurance policies carry a significant
‘Excess’ for which the Examiner may be personally liable in the event of any
damage occurring during the conduct of a test.
Where a test is conducted in a simulator, the Examiner must be familiar with the
insurance and liability requirements of the State in which the test is taking place and
the organisation which operates the simulator.
5) Fees: 1) Fees for tests conducted in Ireland are subject to a Statutory
Instrument (Fees Order) and will be levied by the IAA in accordance
with the National Administrative Procedures which are at Appendix
1 to this briefing.
2) Tests outside the State of Ireland may not be subject to Irish law but
fees may be levied in accordance with the National Administrative
Procedures or National Requirements which are applied by the NAA
in the Member State where the test takes place.
3) Tests conducted outside Ireland may be liable to a ‘licence
administration fee’ as applicable, in accordance with the Fees Order
in force at the time.
4) In circumstances where an IAA Inspector is required to attend the
conduct of a Test either inside or outside Ireland, fees shall be levied
in accordance with the Fees Order in force at the time.
Note 1: This Briefing Document is designed to meet the requirements of PART FCL.1015
(c), which is an additional briefing that the IAA is required to give to Non-IAA Examiners.
This briefing does not purport to replace in any way the examiners responsibilities to
fully brief the candidate prior to a Test, (see AMC1 FCL1020 (d)).
END
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Appendix 2
IAA National Administrative Procedures
1. The IAA shall designate Examiners for the conduct of all (Skill) Tests (regardless of location) except
where an ATO may designate (Skill) Tests under an arrangement approved by the IAA or an
arrangement approved by another Member State and agreed with the IAA.
2. In Ireland, Examiners shall be designated to conduct Tests in accordance with their qualifications,
availability and geographic location. Outside Ireland, Skill Tests shall be designated on a case by case
basis or through an arrangement with an ATO (contact flight.test@iaa.ie )
3. Examiners who wish to conduct a specific Test may contact the IAA for designation.
4. The IAA operates a computerised system known as the Skill Test Tracking System (STTS) for
designating suitably qualified Examiners to conduct (Skill) Tests in Ireland. All notifications to
examiners are by email only.
5. Except with consent of the candidate, Examiners who cannot conduct a test within a short timeframe
(normally 6 days) for whatever reason must immediately notify the IAA by email so that the test may be
re-assigned to another Examiner.
6. Flight Examiners (FEs) wishing to conduct Tests in Ireland must be listed in the STTS.
7. Non-IAA examiners who wish to be listed in the STTS (to conduct Tests in Ireland) must contact the
IAA in advance and will be required to receive safety training (at their own expense) at an ATO agreed
by the IAA to ensure familiarisation with local ground and flight procedures.
8. Unless otherwise prescribed, fees for all tests shall be levied on candidates directly by the IAA in
accordance with the fees order in force at the time.
9. Examiner will be paid a proportion of the Fee by the IAA, subsequent to the Test.
10. All Examiners (conducting Tests in Ireland) are responsible for ensuring that they are legally entitled to
Work in Ireland and that they comply with all applicable laws.
11. Receipt of a briefing from the IAA does not confer any additional privileges outside the scope of the
Examiner Certificate held.
12. Non-IAA examiners conducting tests in Ireland will be subject to the same oversight programme to
monitor their conduct and performance as IAA certified examiners are.
13. Non-IAA Examiners must brief IAA Test candidates on the procedures of their certifying competent
authority or the approved procedures in their ATO for investigating any complaint about the conduct of
a test.
14. Due to the large permutation of situations that may be possible with examiners, candidates, aircraft or
simulators, it is not possible to set out a distinct process for resolution of any particular dispute that may
arise about the conduct or result of a Test. However, candidates who wish to dispute the conduct or
result of a Test are directed to the following protocol:
(1) First (if applicable), candidates should refer to the internal mechanism for handling
disputes within the ATO where the check took place. Most disputes should be resolved at
this level.
(2) Second, the candidate should make a request in writing, to the NAA which issued the
Examiners Certificate, to review the conduct of the Test.
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Appendix 2
IAA National Administrative Procedures
(3) Third, the candidate may contact the IAA in writing, indicating the extent of their efforts
to resolve the dispute and request an intervention on their behalf.
(4) If a complaint is brought to the attention of the IAA regarding the conduct of a test
conducted by a Non-IAA examiner on an IAA licence holder, then this complaint shall be
referred directly to the NAA which issued the Examiners Certificate.
15. Regardless of the result (Pass, Partial Pass or Failure), Examiners, who conduct a Test on the holder of
an IAA licence shall subsequently submit the following documentation to the IAA within 14 days:
(1) The Original Test Report Form (all pages)
(2) A copy of the Examiners valid Examiner Certificate
(3) A copy of the signed IAA licence rating insert page (if applicable)
(4) A report from the Examiner detailing the reasons for any failure, partial pass or any other
special circumstances (if applicable)
(5) A copy of the simulator or aircraft approval certificate (if applicable)
16. Examiners shall send the required documentation by post to:
The Irish Aviation Authority,
Flight Crew Licensing Department,
The Times Building,
11-12 D’Olier Street,
Dublin 2,
Ireland.
Or Alternatively, Examiners may send the required documentation by Email to: licensing@iaa.ie
17. Who can sign a Rating Page in an IAA issued Licence?
(1) Initial issue or renewal of a rating or certificate may only be administered by the IAA,
except where an examiner specifically authorised by the IAA, may enter the renewal dates
in an IAA issued licence
(2) All Examiners may enter the revalidation dates of a Class or Type Rating in an IAA issued
licence subsequent to a successful check
(3) All Instructor and Examiner Certificates will be issued by the IAA
Note 1: Examiners who wish to be specifically authorised to sign a renewal of a Rating
Page in an IAA issued Pilot Licence must contact the Flight Crew Licencing Department
at flight.test@iaa.ie (This permission will only be considered where the Examiner operates
under the management system on an ATO).
Note 2: All Examiner / Instructor certificates shall be issued by the IAA
18. QUERIES: Any queries from examiners on this briefing should be referred by email for the attention
of the Chief Flight Examiner to: flight.test@iaa.ie
END
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Appendix 3
Alternative Record of Briefing Received
Note: This form may be used by an ATO as an alternative to the IAA website briefing.
LIST of Non-IAA Examiners who have received the IAA ‘Briefing’ information - (FCL.1015 (c))
Approved Training Organisation (ATO) Name (if Applicable) :
Date:
Name of person authorised by the IAA to provide briefing:
State of Examiner Examiner Examiner
Examiner Name and Location Licence Certificate TYPE / ROLE TYPE /ROLE Contact Number and Email
(State name of ATO if applicable) Issue Number (Applicable to the Test Validity Date
to be conducted)
1 Number:
Email:
I have received the IAA briefing information
relating to PART-FCL 1015 (c)) (As set out in
PLAM 01/13 Appendices 1 & 2)
Examiner Signature:
2 Number:
Email:
I have received the IAA briefing information
relating to PART-FCL 1015 (c)) (As set out in
PLAM 01/13 Appendices 1 & 2)
Examiner Signature:
3 Number:
Email:
I have received the IAA briefing information
relating to PART-FCL 1015 (c)) (As set out in
PLAM 01/13 Appendices 1 & 2)
Examiner Signature:
4 Number:
Email:
I have received the IAA briefing information
relating to PART-FCL 1015 (c)) (As set out in
PLAM 01/13 Appendices 1 & 2)
Examiner Signature:
5 Number:
Email:
I have received the IAA briefing information
relating to PART-FCL 1015 (c)) (As set out in
PLAM 01/13 Appendices 1 & 2)
Examiner Signature:
The above Examiners have received the IAA briefing
information relating to PART-FCL 1015 (c)) (As set out in
PLAM 01/13 Appendices 1 & 2)
Signed :
_____________________________________________________
(IAA Authorised Person)
Record of FCL Briefing