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Aircraft Maintenance ("N" Registered Aircraft): New FAA interpretation could devastate GA |
This is relevant to "N" Registered Aircraft owners/operators who undertake aircraft maintenance on their aircraft.
AOPA US are reporting that on September 3, FAA attorneys released a legal interpretation of 14 CFR §43.3(d), effectively changing the FAA’s view of the standard maintenance supervision model that has been in place for the past 60 years. Without industry intervention to have the FAA reconsider its new view, the A&P experience-based training and owner-assisted maintenance models cannot survive.
Although the regulations allow for uncertificated people to perform supervised maintenance, it is vitally important to point out that only the holder of a mechanic or repairman certificate may approve the work and return the aircraft or component to service. This is the catch-all that ensures safety in our industry. Only the supervising mechanic can make the logbook entry, and it is that individual’s certificate and liability on the line. Therefore, it is in the supervising mechanic’s interest to inspect the work and verify that everything was done properly and is truly airworthy before attesting to it in writing.
The Moss interpretation
FAA regulations under 14 CFR are the rules that those who operate under FAA jurisdiction must follow, or risk facing violation or prosecution. However, in cases where a particular regulation may be ambiguous, a request for interpretation may be made to the FAA chief counsel. The response, in the form of a letter or memo, becomes the agency’s legal position that FAA staff will follow. This means that enforcement actions against individuals and businesses will be based on both the text in applicable regulations, and any relevant legal opinions or interpretations made by FAA attorneys.
The Moss interpretation began on July 8, 2022, when Jonathan Moss, manager of the Little Rock Flight Standards District Office, requested an interpretation of 14 CFR §43.3(d), essentially asking if a supervisor must be physically present at the site of the maintenance, or if he may supervise remotely, through Zoom, FaceTime, live feed TV, photographs, downloadable video, or other electronic means.
It took over two years for the FAA to respond with an interpretation, and as is often the risk with asking for an interpretation, the response went much further than a yes/no answer to the question being asked. Included in the three-page Moss interpretation were two essential elements.
The first addressed the concept of remote, video supervision:
The Office of the Chief Counsel finds that the phrase “in person” explicitly requires physical presence. Virtual presence, through a live video feed or other technological means, cannot replace the physical presence of a supervising mechanic.
The second addressed the concept of supervision itself:
The phrase “readily available, in person, for consultation” contemplates a physical, hands-on approach to supervision. The certificated mechanic must be available, not just to answer questions, but to notice mistakes and take over if necessary.
The problem with the Moss interpretation
There are two issues with the Moss interpretation:
The first issue is concerning, but not necessarily devastating. The FAA Office of the Chief Counsel found that virtual technologies cannot be used in lieu of in-person supervision. This is surprising in a world where medicine—even surgery—is sometimes performed using remote technologies and, it should be pointed out, much of the FAA’s own supervisory work with the industry is done remotely.
The second part of the interpretation is what could have devastating repercussions for general aviation. "The certificated mechanic must be available, not just to answer questions, but to notice mistakes and take over if necessary,” as the new FAA interpretation states, completely discounts the concept of supervisor discretion and, in fact, does not acknowledge the text in 14 CFR §43.3(d) that specifically says “to the extent necessary to ensure that it is being done properly.”
As soon as the Moss Interpretation was published, it became “the official view of the FAA” that will be enforced.
AOPA USA is putting AOPA’s resources into action.
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Universal Permission to Travel Systems |
This information is pertinent to Pilots who are carrying non-British passport holders on flights to/from the UK and are completing an online General Aviation Report (GAR).
From September 2024, some visa national passengers will hold digital-only eVisas. These passengers will no longer have physical immigration documents for you to check.
If a ‘Valid Permission to Travel Found’ response is received via the Submit a General Aviation Report (sGAR) web service, please note that pilots, operators and agents are not required to make further checks for a visa or other immigration document. You will not be subject to any carriers’ liability in relation to that passenger’s permission to travel.
If a ‘Authority to Carry Granted’ response is received, for visa national passengers you should conduct a manual check by:
- checking for a valid, physical visa or other immigration document
and/or
- using a Sharecode, which passengers with digital immigration products can request from their UKVI (UK Visa and Immigration) account.
Please refer to the following link for more details about using Sharecode to check a digital-only product: https://www.gov.uk/check-immigration-status.
In all cases, you should continue to check that the passport or travel document held by the passenger is valid, genuine and in the possession of the rightful holder.
In addition, the Home Office are consolidating multiple contact points within the Home Office to a single point of contact: the new UK Border Force Carrier Support Hub.
This will be a 24/7 support function to answer all carrier queries related to a passenger’s permission to travel to the UK; security related queries, or technical support for submitting data to the Home Office. The Carrier Support Hub will go live on the 30th September 2024 at 10:00am (UTC).
You can contact the hub on the following telephone number: +44 300 369 0610 after the go-live date.
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Use of Unleaded Aviation Gasoline in Spark Ignition Engines originally designed for Leaded Fuels |
The CAA are reminding the GA community that two CS-STAN (Standard Change) are already available which enable suitable aircraft to utilise unleaded aviation gasoline.
CS-SC202c and CS-SC203c can be used in conjunction with approvals from both airframe and engine manufacturers to utilise certain unleaded fuels and update manuals and placards as required.
AOPA have created a database of airframe and engine data to help owners to understand if their aircraft could be eligible (note this is for guidance only).
The CAA will be publishing a webpage with further guidance on General Aviation fuels in the coming weeks to help the community navigate the differences between similar fuels.
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General Aviation Licensing Review: Phase 2 consultation responses published |
The CAA have published their consultation response documents for the General Aviation Licensing Review Phase 2 consultation. A summary of the responses received, the decisions made, and next steps can be found in the relevant consultation response document and on the consultation page:
aeroplanes including microlights and consultation page
balloons and airships and consultation page
sailplanes and consultation page
helicopters and consultation page
gyroplanes and consultation page
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SD-2024/001: Active Carbon Monoxide Detectors in Piston Engine Aircraft Operations |
The CAA have published Safety Directive SD-2024/001 which requires a functioning active CO detector capable of alerting via aural and/or visual warnings to be present in affected piston engine aircraft when operating with passengers on board who do not hold a recognised pilot qualification.
This SD is applicable to all piston engine aircraft, but excludes:
a) Single-seat aircraft;
b) Aircraft with an open cockpit/cabin;
c) Aircraft performing aerobatic manoeuvres (see paragraph 7(a) of the OD), unless as part of a Safety Standards Acknowledgement and Consent (SSAC) operation (see paragraph 7(b) of the OD);
d) Aircraft with piston engines located above/behind the cabin (e.g. helicopters, gyroplanes) unless cabin heat is also provided via an exhaust heat exchanger or a combustion heater; or
e) Aircraft with only wing-mounted piston engines.
Installing or carrying an active CO detector on board does not require CAA approval. Active CO detectors can be permanently installed in UK Part 21 and UK non-Part 21 aircraft as a ‘standard change’ under the provisions of CS-STAN (Standard Change CS-SC107a) without any CAA involvement. Portable CO detectors can also be carried on board without any airworthiness approval. Regardless of which active CO detector is selected, pilots should ensure the device is functional, audible (and visible if equipped with a digital screen) and securely positioned in the aircraft before each flight.
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Carbon Monoxide in Piston Engine Aircraft |
In February 2024 the UK Civil Aviation Authority (CAA) launched a 4-week public consultation on carbon monoxide (CO) in piston engine aircraft, seeking stakeholder views on the barriers facing pilots in obtaining an active CO detector, the role that maintenance plays in combatting CO, the importance of protecting passengers from CO, and whether active CO detectors ought to be mandatory for some operations.
The CAA has now published the Comment Response Document for this consultation, which includes a summary of the responses received, the decisions made, as well as the next steps being taken.
The CAA will be issuing a Safety Directive requiring an active CO detector to be present in specified piston engine aircraft when operating with passengers on board who do not possess a recognised pilot qualification. The directive will be published later this month and will come into effect from 1 January 2025.
These are the three decisions that the CAA have made:
CAA Decision 1
The CAA will introduce a requirement to have a functioning active carbon monoxide detector, capable of alerting via aural and/or visual means, in specified piston engine aircraft when operating with passengers on board who do not possess a recognised pilot
qualification. The comments provided in this consultation will be taken into account when developing the requirement.
CAA Decision 2
The CAA will not, at this time, introduce mandatory CO concentration checks in piston engine aircraft maintenance programmes beyond what is already specified by aircraft manufacturers and UK Reg (EU) No.1321/2014 Annex Vb (Part-ML), Minimum Inspection Programme (MIP).
CAA Decision 3
The CAA will publish additional guidance on topics including: selecting an appropriate active CO detector, where and how to securely position devices in aircraft, how to respond to alerts, as well as guidance on exposure levels and thresholds for alarms.
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58th BLAC t/a AOPA Annual General Meeting - 21 August 2024
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The 58th Annual General Meeting of the British Light Aviation Centre Ltd, trading as the Aircraft Owners and Pilots Association of the UK, will be held on Wednesday 21st August 2024 at AOPA HQ, Lakeside Pavilion, Chaucer Business Park, Watery Lane, Kemsing, SEVENOAKS TN15 6QY and online via *Zoom.
The meeting will commence at 2.00 p.m..
It is expected that the meeting will finish by 3.30 p.m. It is very important for planning purposes that members who intend to participate are requested to please let the AOPA office know in advance, either by telephone (020 7834 5631), email (
* Zoom subject to availabilty of necessary services and working equipment.
The formal announcement and agenda of the AGM appears below.
In accordance with the Articles of Association, the following Directors are due to retire by rotation: Malcolm Bird, Nick Wilcock and Charles Henry. Malcolm Bird will not be standing for re-election.
Any member wishing to elect another member to the Board of Management must provide notice in writing or email to the AOPA office at least 10 days in advance. A statement of willingness to serve will be expected from the proposed member together with appropriate personal details. Please note that the function of a Director is to run the Company only. Any member who wishes to be involved in the policies and strategies for AOPA may make their interest known to the CEO:
Proxy voting is permitted, either by nominating in writing or by email a member who will be present at the AGM as proxy, or by nominating the Chairman as proxy:
Proxy Form for Special Resolutions
Written Resolution for adopting revised Articles of Association
Written Resolution for adding new object to Memorandum of Association
The draft minutes of the 57th Annual general meeting can be found here.
The Draft Statement of Financial Accounts for the year ended 31 March 2024. NOTE: These accounts are still subject to change.
Following the formal business of the meeting, there will be time for informal reports from the Chairman and CEO and for general discussion.
2024 BLAC t/a AOPA Annual General Meeting
The 58th Annual General Meeting of The British Light Aviation Centre Limited
trading as the Aircraft Owners and Pilots Association of UK
will be held at Lakeside Pavilion, Chaucer Business Park, Watery Lane, Kemsing, SEVENOAKS TN15 6QY
on Wednesday 21 August 2024 at 2.00 p.m.
Agenda
- Apologies for absence
- To confirm the Minutes from the 57th Annual General Meeting
- To receive and endorse the Directors’ Report and Financial Statements for the year ended 31st March 2024
- The election of Directors to the Board of Management.
- To appoint as Auditors Messrs Venthams, at a fee to be fixed by the Board of Management.
- The amendment of the Articles of Association by Special Resolution:
"That the existing articles of association in their entirety be removed and substituted for the new articles of association herewith"
- The amendment of the Memorandum of Association by Special Resolution to add this additional object:
“(P) To provide training, education and resources, both independently and in collaboration with other organisations, in order to ensure the standardisation of such mandated learning resources in the interests of safety and best practice. Additionally, to provide training for pilots and others as AOPA may from time to time see fit.”
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To conduct any other business that may properly be dealt with at an Annual General Meeting.
By Order of the Board
After the AGM there will an open discussion session, in respect of AOPA matters, led by Martin Robinson. CEO AOPA UK.
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GASCo 'Ditching & Sea Survival' Seminar - Monday 22nd July 2024 |
We are pleased to announce that we will be running our popular Ditching & Sea Survival Seminar at Andark Diving & Watersports, 256 Bridge Road, Lower Swanwick, Southampton SO31 7FL on Monday 22nd July 2024. The day will consist of lectures on the practical ditching considerations and preparation, a demonstration of GA survival aids, a chance to use these in a formal training session in the Andark Lake and the opportunity to learn underwater escape drills in the dunker. Professor Michael Bagshaw will join us during the day to talk about the medical aspects of sea survival,
Delegates are welcome to bring their own equipment.
The seminar is being supported by SEMS Aerosafe and Andark and the price is £250 (incl VAT), which includes all equipment, refreshments and lunch. This price is heavily discounted for GASCo. To complete the pool training without the benefit of specific GA life saving equipment together with a dunker session would normally cost £310.
There is a high demand for these courses and places go very quickly. Andark runs a campsite at its beautiful and tranquil lake site which can be another way of reducing the costs for those who have to travel some distance and would have to seek overnight accommodation in a hotel.
Contact
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Extension of public engagement on changes to the Manchester Low-Level Route (MLLR) |
The UK Civil Aviation Authority is extending the public engagement period for the proposed changes to the Manchester Low-Level Route (MLLR) to enhance safety and access. This includes amending the area to Class G airspace, introducing a Restricted Area, raising the maximum altitude to 1500ft, and expanding the airspace eastward by 0.65 nautical miles.
Share your thoughts on the dedicated engagement website.
New closing date: 5 August 2024
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Radiotelephony Manual (CAP 413) Edition 24 - Effective from 28 March 2024 |
Radiotelephony Manual (CAP 413) Edition 24 is now published. This future edition incorporates editorial changes and all Supplementary Instructions to December 2023. It is effective 28 March 2024.
Radiotelephony Manual (CAP 413) provides pilots, Air Traffic Services and ground personnel with a compendium of clear, standardised phraseology and guidance, for radiotelephony (RTF) communication in UK airspace.
NOTE:
CAP 413 Edition 24 was found to contain errors and has been withdrawn by the CAA. CAP 413 Edition 23 Corr is current at the date of this item.
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Charles Strasser OBE 1927 - 2024 |
Charles Strasser OBE SBStJ MSc FCIM
1927 - 2024
AOPA are sad to hear of the passing of Charles Strasser, vice-president of AOPA UK on 10 June 2024.
Charles's aviation related activities included, being Chairman of the Channel Island region of AOPA UK, a member of and past Vice Chairman of the Jersey Aero Club, a Director of and past world President of IFFR (International Fellowship of Flying Rotarians), a member of the PPL/IR Network and a past St John Ambulance Air Wing volunteer pilot and Midland region co ordinator for the transportation of human kidneys for transplant.
He personally initiated and progressed on behalf of AOPAbringing into being the CAA CAP 667 9.2(c) recommendation that, to reduce the incidence of fatal GA accidents, airports and aeroedromes should not charge any fees for emergency and precautionary diversion landings - the Strasser Scheme.
Charles was born in Czechoslavakia but moved to the U.K. with his parents in 1938, aged 11. By the age of 18, he was a dispatch rider with the Czech Independent Armoured Brigade and led a convoy of allied troops into Kasejovice. He was made an honorary Czech citizen in 2021.
He became a successful businessman on his return to the U.K. and was actively involved in many charities. Charles was the regional coordinator for the Midlands St John Ambulance Air Wing. He was awarded an O.B.E. for humanitarian services in 2000.
An active pilot for many years, his Piper Seneca was a well known visitor to many airports and airfield throughout Europe and beyond. He held an FAA CPL and IR.
Charles made a significant contribution to general aviation and pilots will benefit for many years to come from his efforts to get a better deal for GA pilots. Charles was a tough but fair negotiator, not easily accepting bureaucracy and red tape.
AOPA has lost a member and the aviation community in general has lost much more.