AUDIT SUMMARY REPORT OF THE CIVIL AVIATION AUTHORITY NIGERIA

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1 ICAO Universal Safety Oversight Audit Programme AUDIT SUMMARY REPORT OF THE CIVIL AVIATION AUTHORITY OF NIGERIA (Lagos, 26 March to 2 April 2001) INTERNATIONAL CIVIL AVIATION ORGANIZATION

2 ICAO UNIVERSAL SAFETY OVERSIGHT AUDIT PROGRAMME Audit Summary Report on the Safety Oversight Audit Mission to Nigeria (Lagos, 26 March to 2 April 2001) 1. BACKGROUND 1.1 The Nigerian Civil Aviation Authority (NCAA) was initially assessed under the voluntary ICAO Safety Oversight Assessment Programme from 30 November to 4 December 1998 by an ICAO assessment team. This audit was carried out from 26 March to 2 April 2001 pursuant to Assembly Resolution A32-11 and in accordance with the updated Memorandum of Understanding (MOU) agreed on 5 June 2000 between Nigeria and ICAO. The objectives of this audit were twofold. Primarily, its objective was to fulfill the mandate given to ICAO pursuant to the above-mentioned Assembly Resolution. Secondly, the audit was conducted with the objective of ascertaining the progress made in the implementation of the recommendations forwarded during the voluntary assessment conducted in 1998 and to re-ascertain the safety oversight capability of the NCAA. The audit also aimed to ensure that Nigeria is in conformity with ICAO Standards and Recommended Practices (SARPs), as contained in Annexes 1, 6 and 8 to the Convention on the International Civil Aviation (Chicago Convention), associated guidance material and good aeronautical practices. 1.2 Nigeria submitted an action plan on 6 June 2001, and progress reports on the implementation of the action plan on 20 September 2001 and 23 January 2002, addressing all the findings and recommendations contained in the audit interim report and also containing comments and observations of some of the items contained in the audit interim report. The action plan and progress reports submitted were reviewed by the Safety Oversight Audit (SOA) Section and were found to be satisfactory. The comments and observations provided were, as appropriate, taken into consideration in the preparation of this report. 2. CIVIL AVIATION ACTIVITIES IN NIGERIA At the time of the audit, civil aviation activities in Nigeria included: a) number of technical staff employed by the organization at Headquarters 107 b) number of regional offices 2 c) number of technical staff employed at regional offices 10 d) number of active pilot licences 447 e) number of active flight crew licences other than pilot licences 312 f) number of active licences other than flight crew licences g) number of commercial air transport operators 34

3 - 2 - h) number of air operator certificates (AOCs) issued 11 i) number of aircraft operations inspectors 13 j) number of aircraft registered in Nigeria 205 k) number of Certificates of Airworthiness (C of A) 110 l) number of approved maintenance organizations (AMOs) 3 m) number of aircraft airworthiness inspectors 28 n) number of maintenance organizations pending approval 4 o) number of foreign approved maintenance organizations (AMOs) 6 3. SUMMARY OF FINDINGS 3.1 General statement Since the ICAO assessment in 1998, the Nigerian Civil Aviation Authority (NCAA) has made significant efforts and progress in establishing a comprehensive legal framework for the regulation of personnel licensing, operations, and airworthiness of aircraft. Two new sets of regulations have recently been adopted: the Civil Aviation (Air Navigation) Regulations (ANRs) and the Nigerian Civil Aviation Regulations (NCARs), which are based on the Joint Aviation Requirements (JARs) of the Joint Aviation Authorities (JAA) in Europe. There is still a need for the two sets of regulations to be consolidated and harmonized and for the power to enact these regulations to be clarified. Penalty provisions contained in the Civil Aviation Act of 1964 are also out of date and in need of revision. The NCAA has made an effort to introduce operators to the new requirements and to increase surveillance and enforcement actions to bring the industry into compliance. Notwithstanding these efforts, there remains a large segment of the Nigerian civil aviation industry that does not yet comply in a number of significant aspects with ICAO SARPs and with Nigeria s own requirements The NCAA is properly established by Ministerial Decree as a corporate body, independent from Government, but controlled by a Governing Board. The recent autonomy granted to the NCAA has resulted in significant increases in salaries for technical staff and in the NCAA becoming a competitive employer in Nigeria. Most departments are adequately staffed with experienced and qualified inspectors; however, three operation Aviation Safety Inspectors positions have yet to be filled. Although funding has increased for the NCAA, there is a need for working conditions such as facilities and communication equipment be improved. Training for technical staff is well documented, however, the NCAA has yet to establish a formal training policy. A central technical library has been established for use by inspectors and the public; however, the library suffers from a shortage of space and many manuals are not current. The NCAA has yet to develop a detailed policy and procedures to be used by the regional offices and Headquarters to ensure proper filing and records kept on all aircraft and certificate holders.

4 The Personnel Licensing and Training (PELT) Department of the NCAA is responsible for issuing licences and ratings based on requirements set forth in the ANRs and NCAR-FCL 1 and 2. There is a need for these regulations to be consolidated and harmonized as they overlap in subject matter and are inconsistent with respect to the knowledge, skill and experience requirements of various licences and ratings. Almost all licences and ratings issued in Nigeria are issued on the basis of conversion or validation of foreign licences and ratings. There is a need to review and document the current requirements and procedures for issuing these licences and ratings and for designating flight examiners and authorized medical examiners. The PELT Department is appropriately staffed and well-structured but the office lacks any means of communication such as telephones or facsimiles The NCAA has recently adopted new regulations applicable to the certification and supervision of aircraft operators based on European regulations JAR-OPS 1 and JAR-OPS 3, for aircraft and helicopters respectively. The NCAA has established a system for the certification of commercial air transport operators which complies with Chicago Convention provisions, comprising established and documented processes. The Flight Operations Department is adequately staffed with experienced and qualified flight captains for the present level of aviation activity in Nigeria. However, the department concentrates most of its efforts on flight deck matters, since it is exclusively staffed with experienced captains, and there are no inspectors responsible for aspects of cabin safety or available to assist with ground inspections. Additionally, the Flight Operations Department is located within the Directorate of Airworthiness and Operations Standards (DAOS), and is not an independent entity which is directly responsible to the Director General The Airworthiness Department of the NCAA is principally responsible for all matters concerning registration of aircraft, aircraft airworthiness and the certification of certificate holders based on the two new sets of regulations that have recently been adopted: the ANRs and the NCARs. However, many air operators in Nigeria have not yet met all of these requirements in the areas of air operator maintenance responsibilities and maintenance organization responsibilities. Furthermore, the NCAA has yet to develop detailed procedures for specialized maintenance activities and the requirements for major modification approvals. To increase the level of surveillance, two airworthiness regional offices have recently been created and a new inspector handbook has been introduced. However, many of the old checklists are still in use and additional procedures have yet to be developed and incorporated into the handbook. 3.2 Primary aviation legislation and civil aviation regulations in Nigeria Abstract of findings The primary aviation law in Nigeria is contained in the Civil Aviation Act No. 30 of 1964 and the Civil Aviation Authority Establishment Decree No. 49 of The Civil Aviation Act of 1964 received Parliamentary approval and came into force on 1 December The Act is based upon Part III of the (now repealed) 1949 Civil Aviation Act of the United Kingdom. Section 1 of the Act confers on the Minister the power to make regulations for the purpose of carrying out the provisions of the Chicago Convention and the SARPs of the Annexes Decree No. 49 provides for the establishment of the NCAA as a corporate body, charged with the responsibility for the safety and promotion and economic regulation of civil aviation. Section 2 provides for the composition of the Board of Governors to consist of seven members, including the Director General

5 - 4 - of the NCAA. The current Board, however, is not properly constituted in accordance with this law, as there are ten members and the Director General is not included Pursuant to Section 7(3) of Decree No. 49, the functions conferred upon the NCAA include the power to develop, issue and revise operating regulations, rules, orders, terms and conditions in any matter deemed necessary in the interest and safety of air navigation. This is incongruent with the Act of 1964, as the same powers to issue and revise regulations have been granted to the Minister of Aviation. In order to resolve this overlap of functions, there is a proposed Bill to amend the Act to insert a new Section 16B, which will require the Minister to delegate his powers and regulatory functions under the Act to the NCAA. This amendment has not yet received parliamentary approval. There is also a proposed Bill to amend Decree No. 49 by detailing and clarifying aspects of the establishment, functions and powers of the NCAA and its Governing Board. In particular, Articles 7 and 8 of the Bill amend the Decree by providing for a clear delegation of the Minister s powers and regulatory functions conferred under the Act of Under Decree No. 49, the NCAA has appropriate powers to access and inspect aircraft and relevant aviation facilities and the power to amend, suspend or revoke air operator certificates and airworthiness approvals, licences and certificates. Provision is also made for the Authority to investigate violations of the Decree or regulations and to take such action as may be necessary to prevent further violations. However, the penalty provisions under the Act of 1964 are out of date and do not provide an effective deterrent against violations of the law and regulations Nigeria has not yet ratified Article 83 bis of the Chicago Convention, although the NCAA has recommended to the Government that it do so in order to facilitate cross-border leasing arrangements. The Committee for the review of the National Civil Aviation Policy of the Federal Ministry of Aviation also recommended, in 1998, that Nigeria ratify all international air law instruments At the regulatory level, there are currently two separate sets of regulations in force in Nigeria for regulating personnel licensing, operations and airworthiness of aircraft: the ANRs and the NCARs, both of which came into force just weeks prior to the audit. These new regulations are intended to replace the Civil Aviation (Air Navigation) Regulations of 1965, however, these regulations have not yet been formally repealed The format and contents of the NCARs, with some modifications, are based on the JARs developed by the JAA in Europe. The stated intent of the NCARs is to provide detailed interpretation and implementation standards of the regulations presented in the ANRs. However, to a great extent, the two sets of regulations are inconsistent and overlap in subject matter. In addition, the NCAA has not yet formalized a system to follow the Notice of Proposed Amendments (NPAs) to the JARs in order to ensure that the NCARs based on the JARs can be similarly updated. There is also no system in place to systematically verify conformance of the national regulations with the SARPs contained in the Annexes. Nigeria has not notified ICAO of differences between its national regulations and the SARPs nor published these in the national Aeronautical Information Publication (AIP) Since its establishment in 2000, the NCAA has made a concerted effort to introduce operators to the new requirements and to increase surveillance and enforcement actions to bring the industry into compliance. All Air Operator Certificate (AOC) holders, for example, are being required to be re-certified under the new NCARs. There have been over 430 aircraft removed from the civil register. Notwithstanding the efforts which have been made, it was noted by the audit team during the review of NCAA inspection files

6 - 5 - and during the visit to the industry, that there remains a large segment of the Nigerian civil aviation industry which continues to operate but fails to comply in a number of significant aspects with ICAO SARPs and with Nigeria s own requirements Corrective action proposed/implemented by Nigeria The NCAA indicated in its action plan that it will request the Minister of Aviation to take appropriate action to ensure that the Board of Governors of the NCAA is properly constituted in accordance with State law. In the update to the action plan submitted 23 January 2002, the NCAA advised that the Director General is now a member of the Board, bringing its total membership to eleven, and that the total composition of the Board is under consideration by the Minister of Aviation With respect to the recommendation that the Minister of Aviation ensure that the overlap of regulatory making functions between the NCAA and the Ministry is clarified and that the Director General of the NCAA is properly empowered to issue and revise operating regulations, the NCAA indicated that these matters are being addressed through proposals for the review of the Civil Aviation Act of 1964 and Decree No. 49 of These proposals have been submitted to the Minister for appropriate action, involving passage through the National Assembly. In the update to the action plan submitted 23 January 2002, the NCAA advised that the proposals are now with the Ministry of Justice for review and presentation to the legislature for enactment The proposals for the review of the Civil Aviation Act and Decree No. 49 also take account of the need to ensure that appropriate penalty provisions are enacted in the law and regulations to provide an effective deterrent for violations. The NCAA also noted that the ANRs contain penalty provisions in Schedule With respect to the need to ensure that the requirements set forth in the ANRs are harmonized with those set forth in the NCARs, and that the applicable provisions of the 1965 regulations are formally repealed, the NCAA indicated that it is using its internal resources to harmonize the regulations and this is expected to be completed by the second quarter of The NCAA noted that, in the interim, when a conflict exists between the ANRs and NCARs, the provisions of the ANRs will take precedence. The repeal of the applicable provisions of the 1965 regulations has also been effected and transitional provisions will be developed by 15 June 2002 to ensure the effective implementation of the new regulations With regard to the amendment of the regulations, the NCAA indicated that a system has been put in place to follow the NPAs to those JAR provisions introduced in the NCARs. The NCAA will verify the conformance of its regulations with ICAO SARPs and implement a system to adopt amendments to the SARPs and JARs in a timely manner. Significant differences will be notified to ICAO and published in the State AIP before June The NCAA advised that Article 83 bis of the Chicago Convention, together with a number of other international air law instruments, were ratified by the Government in September Instruments of notification will be deposited with ICAO.

7 Civil aviation organization system in Nigeria Abstract of findings The responsibility for flight safety rests with the NCAA, a newly created and autonomous body headed by a Director General, who is appointed by the President of Nigeria. The NCAA was established in May 1999 by the Nigerian Civil Aviation Authority (Establishment) Decree No. 49, a decree of the Federal Military Government. This decree provides for the establishment of the NCAA as a corporate body, independent from Government, but controlled by a Governing Board which includes representatives from the Ministry of Aviation, Ministry of Defence and Ministry of Communications The creation of the NCAA in 1999 represented the third reorganization of the authority responsible for civil aviation since The former authority, the Directorate of Safety Regulation and Monitoring (DSRAM), was not delegated any of the powers or functions of the Minister and therefore had no authority to issue regulations and a limited mandate to enforce and empower its inspectorate in safety oversight activities. These concerns were raised during the ICAO safety oversight assessment in 1998 and have now been appropriately addressed with the establishment and empowerment of the NCAA The NCAA s functions and responsibilities are carried out through the service units attached to the office of the Director General and the different technical and supporting directorates which include the Directorate of Airworthiness and Operations Standards (DAOS); the Directorate of Air Transport Regulation (DATR); the Directorate of Aerodrome and Airspace Standards (DAAS); and the Directorate of Finance and Administration (DFA). The DAOS is responsible for all matters pertaining to safety oversight in the areas of Annexes 1, 6 and 8. The DAOS is currently staffed with fifty-nine personnel and comprises three departments: Airworthiness, Flight Operations and Personnel Licensing and Training. The primary responsibilities of the DAOS are to evaluate and monitor all approved organizations and individuals involved in aviation activities, including the registration of aircraft, continuing airworthiness, approval of maintenance organizations, the certification of airline operators and the licensing of aeronautical personnel Within the last two months, the NCAA has established two small regional offices comprised of airworthiness experts only, who report to the Airworthiness Department of the DAOS. These are the Kaduna Regional Office, currently staffed with five airworthiness inspectors, and the Port Harcourt Regional Office, currently staffed with three airworthiness inspectors. Since the regional offices were only recently established, the NCAA has not yet developed a detailed policy and procedures manual to be used to identify the technical responsibilities of the regional offices and the administrative procedures to be used between regional offices and Headquarters The recent autonomy granted to the NCAA allows it to be funded by a percentage of all flight tickets sold in Nigeria. The funds have given the NCAA the ability to staff most positions and become a competitive employer in Nigeria. Currently, three positions for operations Aviation Safety Inspectors have yet to be filled. Although funds have increased for the NCAA, working conditions, such as facilities and communications within the NCAA, need to be improved. Most of the technical staff do not have direct access to telephones, facsimile machines and computer equipment, including the Internet The NCAA has not established a formal training policy; however, it is the responsibility of each Directorate to assign a Training Coordinator to develop its training requirements and to establish an annual plan. The Training Coordinator, in consultation with the head of the various departments, monitors

8 - 7 - all training programmes and recommends both local and international courses. A review of the DAOS annual training plan showed a variety of training for operations, airworthiness and personnel licensing inspectors. Furthermore, a review of the training files revealed a significant increase in training provided to most of the technical staff and well-documented training files. However, records did not always reveal indoctrination or specialty courses and recurrent training given at predetermined intervals The NCAA has established a central technical library under the responsibility of the DAOS. It is currently staffed with eight librarians, including the head of the library. The library is stocked with most of the manuals pertaining to the aircraft types found on the Nigerian register; however, many of these manuals are not up to date with current revisions. The library suffers from a shortage of space and, although it is equipped with one computer, no telephone or Internet line is available. All company manuals such as Minimum Equipment Lists (MEL), Maintenance Organization Expositions (MOE), and Maintenance Schedules, when approved, are supposed to be kept at the central technical library. However, a random sampling of these manuals revealed inconsistencies, missing manual approvals, and missing instructions for continuing airworthiness. The library is currently subscribed to aircraft technical publications (ATP) for CD ROM subscriptions of airworthiness directives and United States Federal Aviation Regulations (FARs) and type certificates. However, the JARs were not available, notwithstanding that the new NCARs are based on the JARs The NCAA has established a central registry to file and store all documentation coming into, and generated by, the NCAA. However, many files are kept with individuals, or transferred from one individual or section to another without proper reporting through the central filing system. Furthermore, it was noted that documentation that should be kept in certain files was sometimes misfiled or no longer available The NCAA has recently contracted a consulting firm to develop inspector handbooks for the Airworthiness, Personnel Licensing and Operations departments of the DAOS. However, these handbooks have not been harmonized with the new NCARs, ANRs and current practices Corrective action proposed/implemented by Nigeria In response to the recommendation concerning the lack of office equipment, the NCAA indicated that it will provide PABX, computer networking, Internet, and adequate storage facilities for its employees before April In its action plan, the NCAA indicated that a policy and procedures manual is now in place and adequately addresses issues such as administrative coordination, filing systems, communications and training requirements With respect to ensuring procedures and guidelines are developed for ensuring an effective system of coordination and control over the two regional offices (airworthiness), including the conduct of internal audits / quality assurance reviews, the NCAA indicated that this recommendation has been complied with in the new comprehensive policy and procedures manual To address the shortage of current technical publications, space and equipment in the technical library, the NCAA indicated that it has updated the subscriptions on many technical publications

9 - 8 - and is in contact with a number of manufacturers of aircraft on the register regarding maintaining currency. Additional library space has been provided and renovations are in progress With respect to the needs of the central registry, the NCAA indicated that it has overhauled and computerized its entire record keeping system. A standardized aircraft files content list has been developed. 3.4 Personnel licensing and training Nigeria Abstract of findings Personnel licensing requirements in Nigeria are found in two sets of regulations: Part 2 of the ANRs, adopted January 2001; and in NCAR-FCL 1 (Aeroplane) and FCL 2 (Helicopter), adopted in February The format and contents of NCAR-FCL 1 and 2 are based, with some modifications, on JAR-FCL 1 (Aeroplane) and JAR-FCL 2 (Helicopter), as developed by the JAA in Europe. JAR-FCL 3 (Medical) and JAR-FCL 4 (Flight Engineers) have not been adopted by the NCAA and requirements for these subjects are found in the ANRs of Nigeria The stated intent of NCAR-FCL 1 and FCL 2 is to provide detailed interpretation and implementation standards of the regulations presented in the ANRs. However, to a great extent, the two sets of regulations (i.e. the NCARs and ANRs) overlap in subject matter and there are numerous inconsistencies and contradictions in the general licensing requirements and in the particular requirements for each licence and rating. The two sets of regulations, for example, set forth different eligibility requirements for the Student Pilot Licence (SPL), Private Pilot Licence (PPL), Commercial Pilot Licence (CPL), Air Transport Pilot Licence (ATPL), Instrument Rating, and Instructor Rating in terms of required theoretical knowledge, flight instruction and proficiency, and aeronautical experience The NCAA has not developed regulatory requirements for testing the knowledge of applicants for flight engineer, maintenance engineer or air traffic controller licences, in the area of human performance and limitations. With respect to flight crew licences and ratings covered by the newly adopted NCAR-FCL 1 and 2, the regulations require theoretical knowledge of human performance and limitations; however, the NCAA has not yet developed examination questions in this area. In addition, there are no particular knowledge or skill requirements specified for the flight operations officer licence under the ANRs Personnel licensing activities are undertaken by the Personnel Licensing and Training (PELT) Department under the DAOS. There are a total of eight technical staff reporting to the General Manager of Licensing, assisted by some twenty clerical and administrative support staff. A formalized organizational structure for the PELT Department was recently put in place and functions, responsibilities and minimum qualification requirements for each technical position have been clearly defined There are no personnel licensing activities carried out in the two regional offices which were recently established in Kaduna and Port Harcourt. The PELT Department in Lagos is located approximately half a mile away from the central office of the NCAA but does not have any means of communication such as telephones, facsimiles, intercom system or access, and does not have adequate facilities for the storage of personnel licensing files. There are some computers available to support staff for word processing purposes but the licensing system itself is not yet computerized.

10 The NCAA has regulatory provisions for the issuance of all licences provided for in Annex 1, with the exception of glider pilot, free balloon pilot, flight navigator, and the aeronautical station operator licence. It also issues a cabin crew certificate, student pilot licence and night rating. It was reported that the PELT Department was preparing to issue the flight operations officer/flight dispatcher licence, which is provided for under the ANRs; however, there are no particular knowledge or skill requirements set forth for this licence To assist officers in the performance of their duties, a Personnel Licensing Handbook, NCAA Order No. 111, was recently developed by local consultants retained by the NCAA and was issued in February 2001.Technical officers in the PELT Department were not yet completely familiar with its contents. The intent of the handbook is to explain the administrative procedures for the issuance of Nigerian licences and to indicate the general nature of the requirements for obtaining various licences and ratings. The handbook is based on the requirements found in the ANRs, which are inconsistent with the requirements of the NCARs, also adopted in February Almost all personnel licences and ratings in Nigeria are issued on the basis of licences and ratings issued by foreign States. However, there are no documented requirements or procedures for the conversion of these foreign licences, other than the information which is contained on the particular application forms. These requirements are not published in the AIP. In the past, the NCAA has converted and validated licences and ratings issued by non-contracting States of ICAO With respect to the validation of foreign licences, procedures and requirements have been published in Chapter 3 of the new Personnel Licensing Standards Handbook, but these procedures do not conform in all respects to the information contained on the application forms or with what is followed in practice. For example, where the NCAA validates a foreign licence for a period greater than two weeks, it has a policy of requiring the applicant to undergo an additional medical assessment by an NCAA designated aviation medical examiner. It is also the policy of the NCAA to require foreign air crew operating in Nigeria on wet leased aircraft to obtain a Nigerian validation certificate, notwithstanding that the aircraft are registered in another State. These requirements are not reflected in the regulations or the Handbook and have not been published in the national AIP. The practice of limiting the validation certificate to a period of ninety days is similarly not reflected Aircraft type ratings are issued following training provided by operators and the examination is prepared and administered by the NCAA. Upon successful completion of the written type rating examination, a flight test is conducted by a flight examiner designated by the NCAA. Other than the type rating examinations, the only other written examinations administered on a regular basis are the air law, aircraft performance and loading examinations, which are required for applicants validating or converting foreign licences and ratings. There is no system in place to regularly review and update these examination questions For the first time in almost ten years, the Nigerian College of Aviation Technology in Zaria is conducting ab initio training for the private pilot licence (PPL) and commercial pilot licence (CPL) and reported that they will have approximately thirty-five candidates ready to undergo their examinations during the course of this year. These examination questions have not been updated by the Personnel Licensing Department for many years and do not reflect all of the knowledge requirements, such as human performance and limitations, which are required under Annex 1 and the new NCARs. Guidance material, in the form of a study book or flight test guidelines, to provide information regarding examinations to applicants has not

11 been developed. Applicants must present themselves in person or request information in writing since the PELT Department has no telephones, facsimile machines or access to The use of designated flight examiners for flight tests, proficiency and other types of checks are in place, and the NCAA has recently developed written requirements and procedures to govern their appointment. Flight examiners are observed on an annual basis by an NCAA inspector while conducting a check, but detailed criteria has not yet otherwise been established for supervising the activities and ensuring the continuing proficiency of Designated Flight Examiners. In addition, it was noted that the Certificate of Appointment issued to the Designated Examiners was not consistent with the written requirements, as its validity is subject to the examiner conducting a higher number of checks per year. The requirements have been distributed to operators but are not identifiable by a number and have not yet been incorporated into the Personnel Licensing Procedures Handbook The NCAA presently engages the services of a Medical Assessor to evaluate medical assessments submitted by Authorized Medical Examiners (AMEs). The current Medical Assessor is highly qualified in the practice of aviation medicine but does not operate under any formal terms of and has been performing duties for the NCAA at his own expense. The most current available list of NCAA AMEs was out of date and listed an additional five AMEs whose authorizations had reportedly lapsed. With the exception of the Medical Assessor, the complete files of these AMEs were not available for review as the files are not currently kept at the NCAA but are with the Medical Assessor in Kaduna The Medical Assessor is responsible for evaluating the medical reports submitted by the other designated examiners and also conducts medical assessments himself for applicants and licence holders. There is no mechanism in place, such as the constitution of a Board, which would allow for a review of an assessment made by the Medical Assessor. There is also no regulatory requirement requiring an applicant to furnish a declaration stating whether they have previously undergone an examination (Annex 1, paragraph ), or requiring false declarations to medical examiners to be reported to the Authority (Annex 1, paragraph ).NCAR-FCL requires all applicants or licence holders to have a medical certificate issued in accordance with the provisions of NCAR-FCL 3 (Medical); however, NCAR-FCL 3 has not been adopted in Nigeria and medical assessments are in fact being conducted in accordance with the provisions of the ANRs The PELT Department keeps active files of applicants and licence holders in a locked room in secured filing cabinets, accessible to the concerned staff in the department. At the present time, records are maintained only in hard copy form. Individual applicant files contain all necessary information and a progressive history of the applicant. There is no policy of destroying records even after they have ceased to be active or the holder has died, and there is no system in place for archiving and storing inactive personnel licensing files Licences issued in Nigeria are of the expiring type and have recently been amended to conform with the specifications outlined in Chapter 5 of Annex 1. Within the licensing department, only the General Manager or person acting in his absence has the authority to sign licences or ratings on behalf of the Director General. Recency requirement declarations, including records of maintenance of competency in the form of flight or simulator proficiency checks, must be presented every six months for CPL and ATPL holders.

12 The only aviation training institute in Nigeria is the Nigerian College of Aviation Technology (NCAT) located in Zaria which has schools for flying, aircraft maintenance, aeronautical telecommunications engineering, and air traffic services and communications. The NCAA has not certified the institute and the PELT Department does not supervise its activities in any way. NCAT is in the process of applying for an AOC and intends to apply for certification as an Aviation Training Organization under the new Part III of the ANRs Corrective action proposed/implemented by Nigeria With respect to the need to consolidate and harmonize the requirements found in NCAR-FCL 1 and FCL 2 with the requirements found in Part 2 of the ANRs, the NCAA indicated that this will be accomplished by June The Personnel Licensing Handbook will also be amended accordingly With respect to the need to enact regulatory requirements for testing the knowledge of applicants for flight engineer, maintenance engineer and air traffic controller licences in the area of human performance and limitations, the NCAA indicated that the ICAO recommendation has been implemented. The NCAA will include the subject in examinations given to applicants and will ensure that ATOs include it in their syllabi and examinations In response to the recommendation concerning the conversion and validation of foreign licenses, the NCAA indicated that, by 31 July 2001, it had brought the actual procedures for issuance and validation of licences in line with the handbook procedures. Copies of guidance material have been forwarded to the Nigeria Airspace Management Agency (NAMA) for inclusion in the State AIP With respect to the recommendation to develop written procedures and requirements for the appointment, supervision and control of AMEs and the control of medical reports, the NCAA advised that appropriate procedures and requirements have now been developed and a system has been put in place regarding the physical control of the records. A Chief Medical Assessor has been appointed and has assumed duty The NCAA indicated in its action plan that detailed criteria and procedures have been established for supervising the activities and ensuring the continued proficiency of designated flight examiners The NCAA has established an examination review board which is responsible for ensuring that examination questions are reviewed and updated at regular intervals. A review of examination questions is in progress and expected to be completed by 31 March In order to provide for the certification and inspection of aviation training institutes, the NCAA indicated that it will apply the standards of NCAR-147, FCL 1 and FCL 2, for all new schools. Existing schools have been re-certified and a monitoring program has also been put in place.

13 Aircraft operations certification and supervision in Nigeria Abstract of findings The NCAA has recently adopted NCAR-OPS 1 and NCAR-OPS 3 applicable to aircraft and helicopters operations, respectively. These regulations are based on JAR-OPS 1 and JAR-OPS 3. In addition, Nigerian regulations applicable to aircraft operations are contained in the following chapters of the ANRs: Chapter 7 (Instruments and Equipment), Chapter 8 (Operations) and Chapter 9 (Air Operator Certification and Administration) Chapter 9 of the ANRs contains the requirement that all operators be in possession of a valid AOC issued by the NCAA. The applicant must have a principal place of business in Nigeria; the aircraft to be operated must be registered in Nigeria; and the applicant must satisfy the NCAA that it is able to conduct safe operations. However, a review of an air operator file revealed an AOC that has been issued to an operator who currently does not have any aircraft on the Nigerian register Regulations applicable to the transport of dangerous goods by air have been developed. However, these regulations are binding only on AOC holders and do not regulate and control the entire chain of transport, from packing to final reception. Moreover, the ICAO Technical Instructions, Doc 9284, are not integrated as part of the Nigerian regulations. The regulations applicable to AOC holders require that an operator include in its operations manual dangerous goods instructions to flight and cabin crews, and also require that specific approved training be provided to the operator s staff The ANRs require the prior authorization of the NCAA for aircraft leasing operations. At present, dry/wet lease agreements are not approved by the NCAA and there are no procedures to ensure that all necessary parties, such as the legal advisor and DAOS (Airworthiness and Flight Operations Departments) review such agreements to ensure that continuing airworthiness documentation, surveillance information and coordination is available to support the approval of dry/wet lease agreements in Nigeria. Moreover, the surveillance by the NCAA does not systematically assess the Nigerian operators capabilities for oversight of operations conducted under the lease in the area of flight operations (flight preparation, flight assistance and follow-up, availability of on-board equipment, flight and cabin crew qualifications, and competency checks) aircraft maintenance and continuing airworthiness The Flight Operations Department within the DAOS is in charge of the certification and the supervision of all air operators in Nigeria. The department is principally responsible for all aspects pertaining to Annex 6, including the review and approval of an operator s operations manual, routine and ramp inspections of AOC holders, and reporting of deficiencies to the Director of the DAOS. Coordination with the other departments of the NCAA is established for crew training and maintenance aspects; however, formal coordination instructions have not yet been developed. The department is staffed with five pilot inspectors to carry out flight inspections and has access to another eight pilot inspectors currently assigned to other departments The NCAA has not yet established a formal training policy for the flight operations inspectors; however, a training programme is established and carried out in different areas, with the exception of type ratings. The initial training implemented for inspectors mainly addresses administrative and general audit considerations and does not necessarily include technical qualifications and skill requirements for newly-recruited inspectors.

14 Currently, the Flight Operations Department of the NCAA concentrates most of its efforts on flight deck matters. At this time, there are no inspectors responsible for aspects of cabin safety and there is an insufficient number of inspectors to carry out ground inspections. The Flight Operations Department is located within the DAOS and is not an independent entity directly responsible to the Director General. Considering the level of aviation activity and the substantial and immediate nature of the tasks to be carried out by the Flight Operations Department, the present organizational structure of the DAOS affects the performance of the NCAA certification and surveillance system The NCAA has established a well-documented process for the certification of aircraft operators, which also includes substantial procedures available to the staff. The operator is required to produce an operations manual in conformance with the ANRs and NCAR-OPS 1 and 3, which complies with Annex 6 provisions, Chapter 4 and Appendix 2. The certification process is based on a systems safety approach and includes the AOC Certification Process Document (AOC/CPD), a Project Management Tool (PMT), a manual review methodology, and electronic briefings and presentations. The AOC/CPD directs the activities and provides guidance for inspectors involved in the certification of air operators With the recent adoption of the NCARs, the NCAA has recently initiated a re-certification process of its operators according to the new regulations. However, not all operators have met the requirements and therefore, not all are in possession of a valid AOC. The audit team observed that some of the operators who do not meet these regulatory requirements are presently being allowed to operate commercial domestic and international flights, notwithstanding that they do not possess a valid AOC The Flight Operations Department recently developed many procedures and checklists for the guidance of flight inspectors. However, these procedures are not yet consolidated in an Inspector s Handbook and have not been assessed in order to ensure their conformance with ICAO provisions and the Nigerian regulations, or to ensure that the entire certification and supervision processes are adequately and appropriately documented Corrective action proposed/implemented by Nigeria With respect to the recommendation that the NCAA prevent Nigerian operators from engaging in air transport activities when they do not meet the applicable regulations and have not been issued an AOC with appropriate operations specifications, the NCAA indicated that all qualified operators will be issued AOCs, as appropriate, and rectification action on observed deficiencies will be closely monitored. A programme for the issuance of AOCs and operations specifications will be completed by 30 April During the transition to the new regulations, or during the certification phase of a new operator, the NCAA will grant additional operating privileges only on a progressive basis, consistent with the AOC holder s capabilities In the update to the action plan submitted 23 January 2002, the NCAA indicated that it has increased surveillance on all operators in the State. All operators have been audited and re-audited. Of the thirty-four commercial air transport operators existing at the time of the ICAO audit, only twenty-four are now regarded as active operators. Twenty of these have a Nigerian AOC and five operations specifications remain to be processed. The exercise is continuing.

15 With respect to the recommendation to recruit additional inspectors in the Flight Operations Department, the NCAA indicated that it will hire a cabin safety inspector, transfer some personnel licensing staff to the flight operations department, and provide additional training to some of the existing inspectors by 31 March In the update to the action plan submitted 23 January 2002, the NCAA further indicated that, in addition to one or two employed cabin and ground inspectors, five others will be designated from within the industry by March 2002 and an additional five will be engaged on an ad hoc basis for duty on groups of airlines. The present policy for enroute inspections is split between cabin and cockpit, with a fair amount of ground inspection covered. In addition, a new Flight Operations Department grouped with the PELT Department has been created, directly responsible to the Director General With regard to the recommendation that the NCAA review the certification and supervision process for air operators to ensure that written procedures exist which adequately implement the SARPs and State regulations, the NCAA indicated that this review is now complete and the entire certification and supervision process has been documented In response to the recommendation concerning the transport of dangerous goods by air, the NCAA indicated that, by the end of 2001, it will promulgate a comprehensive legislative framework to control this activity, including penalty provisions and a system for the certification and supervision of air operators and shippers The NCAA indicated that it has prepared appropriate procedures to ensure that air operator lease agreements are formally approved by the NCAA. Existing lease agreements will be reviewed and a surveillance system has been established to ensure the compliance of operations conducted under a lease. More attention will be paid to flight preparation, flight assistance and follow-up. 3.6 Airworthiness of aircraft in Nigeria Abstract of findings Regulatory requirements for airworthiness of aircraft operating in Nigeria are set forth in Part 5 of the ANRs. Part 6 provides regulations for the approval and monitoring of maintenance organizations performing maintenance on aircraft registered in Nigeria With the assistance of consultants from the United States and Nigeria, the NCAA has recently established a comprehensive airworthiness code, adopted as the NCARs. The stated intent of the NCARs is to provide detailed interpretation and implementation standards of the regulations presented in the ANRs. The format, and to a large extent the contents, of the NCARs correspond with the JARs NCAR-36 requires airplanes to comply with noise certification standards; however, the NCAA has not yet issued any noise certificates to be carried on board aircraft registered in Nigeria in accordance with the applicable regulations. Furthermore, procedures for the granting and validation of a noise certificate have not yet been developed There is no system or procedures established to ensure that any amendments made to the JARs or ICAO SARPs are adopted so that the NCARs remain current with the SARPs and JARs, on which they are based.

16 The Airworthiness Department within the NCAA is under the responsibility of a General Manager of Airworthiness, who reports to the Director of the DAOS. The Airworthiness Department consists of three divisions: Monitoring, Approval and Standards, and Certification. A staff of fifty-nine people makes up the three divisions that are principally responsible for all matters concerning the registration of aircraft, aircraft airworthiness, type certification validation, monitoring of continuing airworthiness of aircraft, approval of maintenance organizations, and the certification of operators Detailed policy and procedures to be used by the regional offices in Kaduna and Port Harcourt have yet to be developed with respect to the retention of documents and files, the limitations of the inspectors authority, the location of company and aircraft approvals, etc. The Director of the DAOS is in the process of developing a policy and procedures manual to be used by the directorate to address areas such as duties and responsibilities, management structure, general practices and procedures, and training development With the assistance of a consultant, the NCAA has recently developed an Airworthiness Inspector Handbook to be used by the Airworthiness Department of the DAOS. Although this manual has been formally introduced, many of the old checklists are still in use. Furthermore, a review of the handbook revealed the need for additional procedures to be incorporated and for the handbook to be harmonized with Parts 5 and 6 of the ANRs. In addition, the NCAA has not yet provided guidance material reflecting these procedures to the Nigerian civil aviation industry Inspectors are issued proper credentials to assist them in their duties. NCAA vehicles are also available for inspectors when carrying out their surveillance activities For the issue and renewal of the Certificate of Airworthiness (C of A), the Airworthiness Department has developed a comprehensive system requiring the submission of an application, including an airworthiness directive compliance list, weight and balance report, aircraft inspection report and a copy of the radio licence. The procedures and checklist used have recently been changed in the Airworthiness Inspector Handbook, but the new forms have not yet been used. A review of some aircraft files revealed comprehensive packages for the C of A renewal; however, one aircraft file reviewed was missing the complete C of A renewal package for With respect to the importation of aircraft, the NCAA has recently established a comprehensive airworthiness code in the NCARs, which is based on the JARs. However, the ANRs stipulate that imported aircraft to be used in commercial air transport must have received original type certification from a JAA member state, Canada or the United States, which is used as the basis for the validation for new aircraft. The NCAA has not yet developed its new type validation procedures to be used when making the necessary evaluation. Furthermore, some aircraft are presently on the Nigerian civil register that do not meet the requirements set forth in the ANRs. However, the NCAA has not exempted or taken the necessary action with respect to aircraft on the civil register that no longer meet the new airworthiness requirements The Airworthiness Department is presently carrying out inspections of Approved Maintenance Organizations (AMOs) for certification every twenty-four months and conducts inspections of its air operators and AMOs according to an established plan. Although the plan identifies inspections at least twice a year, records of such inspections are not always found on file. Furthermore, continuous surveillance activities are not always documented and are not conducted according to a structured plan.

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