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HUKUK
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JAA v FAA
An Overview of Aviation Regulation:Beginnings, Functions and
Licensing Practices
Thomas E. Batchelder Esq. International Law&
Aviation LLC ( USA)
In Association With GBS Law Firm (Turkey - Atty Şafak Herdem )
In that aviation has helped advance the globalization of our
world, it is important to review our beginnings and look forward
to where we see ourselves in the future. This article will
concentrate on the origins, functions and licensing of modern
air transportation systems throughout our world; in particular,
where we started and the direction we are headed.
Origins
The FAA
In the United States, the beginnings of today’s
Federal Aviation Administration (FAA) and the federal
government’s regulation of civil aviation started with the Air
Commerce Act of 1926. At that time, aviation industry leaders as
well as Congress had growing concerns with safety standards. The
Air Commerce Act of 1926, empowered and tasked the Secretary of
Commerce with oversight authority related to: drafting and
enforcing air traffic rules, licensing pilots, establishing
airways, certification of aircraft and many other related
variables. For this formidable task to succeed, a new
Aeronautics branch of the Department of Commerce was required.
This was the birth of what is today’s FAA.
Early improvements for the Aeronautics branch of the Department
of Commerce included improved aeronautical radio communication,
the introduction of radio beacons and enhancing lighted airways.
Around 1934, three air traffic control centers (ATC) were
established in cooperation with the existing commercial airlines.
By 1936 the Department of Commerce was maintaining these
facilities and expanding the coverage areas as well as the
number of ATC centers.
In 1940, President Roosevelt through his executive powers over
administrative agencies divided the aforementioned
responsibilities into two distinct agencies, the Civil
Aeronautics Administration (CAA) and the Civil Aeronautics Board
(CAB). The CAA had the responsibility for air traffic control,
aircraft certification, pilot certification, safety issues and
finally airway development. The CAB was charged with accident
investigation, law making, and economic regulation issues for
commercial airlines. By the start of World War II, the CAA had
implemented the use of radar for air traffic control.
The modern FAA officially came into existence in 1958 with the
Federal Aviation Act of 1958. At that time, the jet age was upon
us and there had been several midair collisions. Congress felt
that a new independent body was needed with broader authority to
minimize aviation hazards. Congress envisioned this agency to
have the power for aeronautic safety rule making and sole
responsibility for air navigation and air traffic control. Some
fifty years after the Federal Aviation Act of 1958, today’s FAA
marches forward with broad authority over all aspects of
aviation in the United States and serves as a model for many
other countries and jurisdictions.
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The JAA
The Joint Aviation Authority (JAA) is an
associated body of the European Civil Aviation Conference which
represents civil aviation regulatory authority for a number of
European States who agreed to co-operate in development and
implementation of common regulatory safety standards and
procedures. The beginnings of the JAA can be traced to 1970. At
that time it was known as the Joint Airworthiness Authorities
and came into existence for the purpose of generating common
certification codes for large aircraft and aircraft engines. By
1987 however, the organization had grown and was responsible for
the operations, maintenance, certification and licensing for
every class of aircraft. By 2006, the JAA had been divided into
two distinct working groups, the Joint Aviation Authority
Training Office (JAA TO), & the Joint Aviation Authority Liaison
Office (JAA LO).
EASA
In July of 2002, the members of the European
Union (EU) established the European Aviation Safety Agency (EASA).
This agencies power is applicable to all European Union member
states. Standardization and oversight function for all aviation
safety certification of member states was a primary reason for
the formation of EASA. There are currently 27 EU member
countries governed by EASA.
From these humble beginnings, the FAA, JAA and EASA have become
recognized aeronautics authorities. These organizations work
together and individually to regulate the modern day aviation
industry and all associated aspects in their respective regions
and jurisdictions.
Functions
The FAA
The FAA exists as an agency under the Department
of Transportation. The FAA has authority to oversee all aspects
of civil aviation in the United States. Major roles include:
• Developing new aviation technology
• Regulating civil aviation
• Enhancing and operating air traffic control for civilian and
military
• Regulating commercial space transportation
• Regulating environmental related issues of civil aviation
When it comes to aviation law, the FAA’s authority mandates
compliance with FAA adopted safety standards. The FAA oversees
maintenance, operation and manufacturing of all aircraft. The
FAA, along with its sister organization the National
Transportation Safety Board (NTSB) investigates and determines
root causes for aviation accidents. Federal oversight in
accident investigation is beneficial as often times multiple
jurisdictions are involved in in oversight in all aspects of
civil aviation in the United States. This administrative agency
has been used as a model for both European aviation
administrations and newly developing countries with burgeoning
aviation industries. The FAA has been and continues to be an
exemplary agency in advancing civil aviation safety.
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The JAA
Upon formation, the JAA was intended to provide
high and consistent standards of safety for civil aviation in
Europe. Emphasis was placed on harmonizing FAA and JAA
regulations to avoid conflicts and balance regulation. As
indicated supra, the JAA has recently been divided into two main
working groups.
JAA LO-Joint Airworthiness Authorities Liaison Office works as
an intended liaison between EASA and the Civil Aviation
Authorities on the non EASA member states to integrate
activities between EASA and those states. These activities
include rulemaking for operations and licensing as well as:
• Distribution of updated European safety information
• Provides a forum for non EASA member states to express
viewpoints to EASA
• Assist in the coordination of standardization activities
• Continues research to ensure JAA is a technical specialist in
the aviation safety field
• Work with non EASA member states to ensure airworthiness of
aircraft in the areas of aircraft certification and maintenance
to agreed upon EASA and non EASA member standards
JAA TO-Joint Airworthiness Authorities Training Office assists
the aviation community by providing applicable training to
ensure familiarity with European aviation safety regulations.
This office also works to aid non-EASA JAA member states in the
process of obtaining EASA membership.
The EASA
The European Safety Agency has control and
responsibility for establishing common rules for the European
Union in the field of civil aviation. Although this agency
essentially controls all EU aviation activities, the main areas
include but are not limited to: aircraft design approvals,
aircraft airworthiness, environmental concerns, aviation
production, aviation maintenance and oversight for all aviation
safety certification activities for its member states. EASA will
soon have responsibility for operations and personnel licensing.
In the growing area of aircraft manufacturing, EASA has
responsibility for certification and oversight of all civil
aviation products of European member countries with the small
exception of localized historically relevant aircraft for an EU
country such as the Concord. Generally however, any significant
EU product falls under the oversight of EASA. Since many EU
countries have existing bi-lateral agreements with the United
States, EASA has essentially become the agent for those
countries with the bi-lateral agreement remaining in effect
until a new agreement is in place. For example, France and the
United States have an existing bi-lateral agreement in place,
(BASA IPA) and the U.S will continue to accept aviation products
from France, instead of a French only aviation agency approving
the design review, that function will be performed by EASA.
With the emergence of the EU, obviously EASA will
become the premier European aviation authority for the
foreseeable future and likely continue advocating for safety and
related innovations in aircraft manufacturing, navigation and
personnel training.
With the above referenced functions, these three distinct
aviation authorities (FAA, JAA &EASA) will continue to have
tremendous influence in aviation regulation in the areas of
aviation safety, operation and maintenance well into the
foreseeable future. Another important influence in the aviation
field also control by these authorities includes respective
licensing for pilots and mechanics. |
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Licensing
The FAA
Once a pilot is licensed by receipt of an FAA “certificate,”
this pilot certification is recognized worldwide. Certification
is regulated under parts 61 and 141 of the Federal Aviation
Regulations or "FARs", found in Chapter 14 of the Code of
Federal Regulations. Pilots are certified to fly aircraft of a
specific category and class. Certain kinds of aircraft also
require a type rating. The category on a pilot certificate
indicates the classification of aircraft that the pilot is
certified to fly. Many categories of aircraft exist, including
airplane, rotorcraft, glider, lighter-than-air, powered-lift,
powered parachute, and weight-shift-control aircraft. Some
categories are further broken down into more specific classes of
aircraft.
For compliance with FAA regulations, the majority of pilots in
the U.S. undergo training as private individuals with a flight
instructor at a local flight school. Many who decide upon
aviation as a career often begin with an undergraduate aviation-based
education. Other pilots are trained in the military and are
issued civilian certificates based on their military record.
Some pilots are trained directly by commercial airlines. Two
options exist for training under the FAA guidelines under Part
61 or Part 141 of the FARs. Part 141 requires a certified flight
school provide an approved course of training, which includes a
specified number of hours of ground training (for example, 35
hours for Private Pilot in an airplane). Part 61 sets out a list
of knowledge and experience requirements, and is more suited for
students who can’t commit to a structured plan, or for training
from freelance instructors.
Thereafter, depending upon the type of pilot certification
sought, an examination is required to comply with FAA
certification.
Mechanic certification under FAA guidelines requires the
mechanic have at least 18 months of practical experience with
either power plants or airframes, or 30 months of practical
experience working on both at the same time. As an alternative
to this experience requirement, a candidate could graduate from
an FAA-Approved Aviation Maintenance Technician School.
Following completion of one of these requirements, the FAA
imposes additional testing requirements be met by the applicant.
The JAA
A pilot with proper certification under JAA
requirements is automatically accepted as being valid for flight
in aircraft registered in any of the JAA member states. A
license is required to fly general aviation aircraft, solo or
with passengers. The JAA approach to pilot training is similar
to the FAA in that previous flight experience mandates the type
of training for certification. Licenses are issued in accordance
with the Joint Aviation Requirements for Flight crew Licensing (JAR-FCL).
They include both private and professional pilot licenses.
Training must meet the requirements in accordance with JAR-FCL,
as stipulated by the Department of Civil Aviation (DCA).
Generally, licensing requirements are different if the pilot
intends to be compensated for his piloting efforts, i.e. the
license is either commercial or a private pilots licenses (recreational
use/no compensation.) Additionally, as with the FAA, the JAA has
different licensing requirements for the class of aircraft the
pilot wishes to fly. Furthermore, like the FAA depending on the
type of pilot and the class of aircraft, the JAA has
requirements for pilots that include, but are not limited to:
flight time/experience, testing requirements and health/medical
certification.
Mechanics certification under the JAA, stipulates two ways for a
mechanic to obtain certification. The practical experience
method requires the applicant pass written and oral examinations.
The other JAA method will award certification upon graduation
from an approved training program. Here, the JAA and FAA
mechanical certification requirement vary greatly depending upon
the mechanical class of certification sought by the applicant.
The JAA places much emphasis on advanced technology training and
specific type aircraft certification. Additionally some areas of
JAA requirements for mechanic training vastly exceed the time of
required training hours that the FAA requires for its mechanics.
The JAA also mandates that mechanics receive recurrent or
in-service training. While there are many advocates who extol
the virtues of JAA mechanic training requirements over FAA
mechanic training requirements, the excellent safety record of
U.S. carriers that basically monitor their own maintenance and
are not so centrally controlled as JAA mechanics cannot be
ignored. Both systems seem to be in tune with their identified
goals.
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The EASA
EASA has developed regulations for pilot
licensing and these shall apply after the required European
legislation to expand the Agency's remit is adopted, which is
expected in early 2008. The EASA pilot certifications will draw
upon the vast experiences of both the JAA and FAA licensing
experiences to achieve pilot certification.
Mechanics seeking certification from EASA will have to comply
with part-66 Certifying Staff of the EASA. Part 66 is based on
the older JAR system and includes 3 levels of authorization:
Category A (Line Maintenance Mechanic): This permits the holder
to issue certificates of release to service following minor
scheduled line maintenance and simple defect rectification
within the limits of tasks specifically endorsed on the
authorization.
Category B1 (Line Maintenance Technician): permits the holder to
issue certificates of release to service following maintenance,
including aircraft structure, power plant and mechanical and
electrical systems. Replacement of avionic line replaceable
units, requiring simple tests to prove their serviceability, are
also be included in the privileges.
Category C (Base Maintenance Engineer): permit the holder to
issue certificates of release to service following base
maintenance on aircraft. The privileges apply to the aircraft in
its entirety in a Part-145 organization").
Summary
After reviewing the beginnings, functions and licensing
activities of the FAA, JAA and the burgeoning EASA, it is clear
the FAA will continue to lead the U.S. aviation field as we move
towards the latter half of the 21st century. The JAA appears to
be heading for an inevitable merging with the EASA. Obviously
non-EU member states will still have needs that must be
addressed. It is apparent that the JAA liaison office must
continue to exist in some form for the foreseeable future. These
organizations in whatever form they take, must work together to
ensure the highest standards are met in the areas of pilot
training, aircraft maintenance, security, airworthiness and
above all, safety. Through communication and the sharing of
information, the aviation field will continue to lead the
advance of globalization.
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