AUDIT SUMMARY REPORT OF THE CIVIL AVIATION ADMINISTRATION OF THE REPUBLIC OF POLAND

Transcription

1 ICAO Universal Safety Oversight Audit Programme AUDIT SUMMARY REPORT OF THE CIVIL AVIATION ADMINISTRATION OF THE REPUBLIC OF POLAND (Warsaw, 27 November to 6 December 2000) INTERNATIONAL CIVIL AVIATION ORGANIZATION

2 ICAO UNIVERSAL SAFETY OVERSIGHT AUDIT PROGRAMME Audit Summary Report on the Safety Oversight Audit Mission to Poland (Warsaw, 27 November to 6 December 2000) 1. BACKGROUND 1.1 The Civil Aviation Administration of the Republic of Poland was audited from 27 November to 6 December 2000 by an ICAO safety oversight audit team in accordance with the Memorandum of Understanding (MOU) agreed on 31 May 2000 between Poland and ICAO. The audit was carried out pursuant to Assembly Resolution A32-11, with the objective of ascertaining the safety oversight capability of the Civil Aviation Department (DLC) and the General Inspectorate of Civil Aviation (GICA) of Poland and to ensure that they are in conformity with ICAO Standards and Recommended Practices (SARPs), as contained in Annexes 1, 6 and 8 to the Convention on International Civil Aviation (Chicago Convention) and related provisions in other Annexes, guidance material and relevant safety-related practices in general use in the aviation industry. 1.2 On 30 March 2001, Poland submitted an action plan addressing all the findings and recommendations contained in the audit interim report and also containing comments and clarifications of some of the items contained in the audit interim report. The action plan submitted was reviewed by the Safety Oversight Audit (SOA) Section and was generally found to be satisfactory. The comments and clarifications provided were, as appropriate, taken into consideration in the preparation of this audit summary report. 2. CIVIL AVIATION ACTIVITIES IN POLAND At the time of the audit, civil aviation activities in Poland included: a) number of technical staff employed by the organization at Headquarters 32 b) number of regional offices 16 c) number of technical staff employed at regional offices 46 d) number of active pilot licences e) number of active flight crew licences other than pilot licences f) number of active licences other than flight crew licences g) number of commercial air transport operators 52 h) number of air operator certificates (AOCs) issued 52 i) number of aircraft operations inspectors 13

3 - 2 - j) number of aircraft registered in Poland k) number of Certificates of Airworthiness (C of A) issued l) number of approved maintenance organizations (AMOs) 30 m) number of aircraft maintenance workshops 12 n) number of design organizations 6 o) number of aircraft manufacturing organizations 1 p) number of aircraft parts or equipment manufacturing organizations 24 q) number of aircraft type certificates issued 3 r) number of type certificates other than aircraft issued 6 s) number of aircraft airworthiness inspectors 61 t) part-time airworthiness inspectors 6 3. SUMMARY OF FINDINGS 3.1 General statement The primary aviation legislation in Poland is the Air Law Act which came into force on 31 May The Air Law Act has been amended eight times, most recently in The Act contains penalty and enforcement provisions; however, these provisions have not been amended since originally promulgated and do not cover the full scope of aviation activities currently conducted in Poland. National regulations do not conform with ICAO SARPs in all respects. Furthermore, the Air Law Act and corresponding regulations do not contain provisions appropriately empowering inspectors. An entirely new Air Law has been drafted and has been awaiting promulgation by Parliament since February Responsibilities for civil aviation in Poland are divided among five different entities subordinate to the Ministry of Transport and Maritime Economy. The General Inspectorate of Civil Aviation (GICA) is primarily responsible for safety oversight activities. The GICA has difficulty recruiting and retaining qualified personnel due to poor remuneration levels. There is no comprehensive training policy or programmes established for technical staff, although each division has some programmes with varying degrees of implementation. Furthermore, the GICA has not established a system or procedures to monitor and control the performance of entities and persons performing inspection and licensing work on behalf of the GICA. Finally, coordination among the departments and within the GICA itself is lacking and needs improvement The Personnel Licensing Department has established national regulations for the issuance of licences and ratings and for the supervision of approved training organizations. However, these regulations

4 - 3 - have not been amended since 1986 and have therefore not kept pace with changes to Annex 1. The number of trained staff is not adequate, given the level of activity and the need to develop procedures for delegated tasks and oversight criteria for designated medical examiners and flight and practical test delivery. The Personnel Licensing Department has published an adequate training and procedures manual for licensing staff which includes information regarding requirements for the validation and conversion of foreign licences A system for certification and surveillance of international commercial air transport operators, which conforms with the requirements contained in Annex 6, Parts I and III, has been established. However, due to the lack of operations inspectors, not all certificated commercial air transport operators or designated examiners in the airlines are adequately supervised to ensure that a comprehensive surveillance programme is maintained. Furthermore, documentation of on-the-job training (OJT), inspector flight currency and the need for the GICA to amend their operations regulations to keep pace with current changes in aviation are all areas requiring improvement. The lack of inspector remuneration commensurate with industry makes it difficult to attract and retain qualified operations inspectors and this continues to be a major area of concern Regulations pertaining to airworthiness are principally based on regulations which were promulgated several decades ago and have not kept pace with changes in the aviation industry of Poland and ICAO SARPs. Although the Airworthiness Department has developed and adopted an airworthiness inspector s handbook, it requires further development to include various procedures such as the issuance of flight permits, the approval of maintenance programmes and the coordination procedures among departments. There is also a need to upgrade the airworthiness technical library to ensure that it contains the latest continuing airworthiness information for all aircraft on the civil register. However, the primary area requiring improvement is continuing airworthiness surveillance and oversight of the commercial air transport operators and AMOs Production, certification and supervision of engineering activities are carried out by the GICA. The Airworthiness Engineering Department is inadequate as many of the provisions of Annex 8 are not complied with in regards to the exchange of mandatory continuing airworthiness information and fault defect reporting by operators. The GICA has not established a comprehensive set of engineering procedures to address the approval of modifications and repairs and other types of approvals. In addition, continuing surveillance of production and design activities, including inspector delegates, needs improvement. 3.2 Primary aviation legislation and civil aviation regulations in Poland Abstract of findings The Air Law Act is the primary legislation in Poland and entered into force on 31 May The Air Law Act has been amended eight times, most recently in An entirely new Air Law has been drafted and has been awaiting promulgation by Parliament since February The Minister of Transport and Maritime Economy is solely responsible for the regulation of civil aviation in Poland and is empowered by the Air Law Act and other Parliamentary Acts to provide the oversight of civil aviation activities and to issue regulations. Specific oversight responsibilities have been assigned to the General Inspectorate of Civil Aviation (GICA) which was established by a Ministerial Statute as amended by Ministerial Orders Nos. 13 and 14, and to the Civil Aviation Department (DLC) established by Ministerial Order No. 19.

5 The General Inspector of Civil Aviation is responsible for enforcement action in Poland. The Air Law Act contains enforcement and penalty provisions for contraventions of the law and regulations; however, procedures have not been established by the GICA to ensure a consistent and standardized approach to enforcement. The monetary penalties which may be levied have not been adjusted since the Air Law Act was promulgated in 1962 and are now too low to serve as an effective deterrent. Furthermore, the penalties do not cover the full scope of aviation activities currently conducted in Poland. A review of historical records revealed that no enforcement action has been taken in over two years CAA inspectors are provided with official inspector credentials; however, the Air Law Act and corresponding regulations do not contain provisions empowering inspectors with unrestricted access and inspection of aviation installations and the right to detain aircraft for just cause In addition to the Air Law Act, Poland has promulgated specific civil aviation regulations to enable the implementation of some of the SARPS contained in Annexes 1, 6 and 8 in the form of Ministerial Orders and Statutes. A separate Ministerial Order authorizes the use of the Joint Aviation Requirements (JARs) for civil aviation in Poland. This Order is not obligatory but can be implemented on a voluntary basis. Therefore, the present regulatory framework is a combination of the JARs and national regulations. These regulations are not checked to assess compliance with the SARPs contained in Annexes 1, 6 and 8. The existing differences are therefore not always identified or notified to ICAO. Furthermore, the present regulatory framework is not checked to ensure that conflicts do not exist between the two sets of regulations Poland has entered into agreements with other Contracting States based on Article 83 bis; however, Poland has not yet ratified Article 83 bis and has not taken into account the implications of transferred responsibilities or amended the Air Law Act and associated regulations and procedures Corrective action proposed/implemented by Poland With regard to the recommendation to review the civil aviation regulations for compliance with Annexes 1, 6, and 8, to establish an implementation date for the JARs, and to notify ICAO of any differences, the DLC indicated that new regulations will be issued based on ICAO and Joint Aviation Authorities (JAA) requirements after promulgation of the new Air Law Act which is presently in draft form. Promulgation of the Act is expected by July 2001 and full implementation of the new regulations is anticipated before July With respect to the recommendation that the relevant primary aviation legislation be revised to provide unrestricted access for inspectors in the performance of their duties and for the detention of aircraft when necessary, the DLC indicated that these provisions are contained in the draft Air Law Act. Full implementation of these provisions is expected by the end of With respect to Article 83 bis of the Chicago Convention, the DLC indicated that ratification documents were sent to the Ministry of Foreign Affairs in March Ratification is expected by June Appropriate regulations and inter-departmental procedures will be issued before the end of 2001 by the Ministry of Transport and Maritime Economy to ensure the proper implementation of Article 83bis With regard to the recommendation that the appropriate legislation be amended to allow for an increase in penalties which may be applied under the enforcement programme, the DLC indicated that

6 - 5 - this will be accomplished in conjunction with the promulgation of the draft Air Law Act. Written procedures will also be developed by the end of 2001 to ensure a consistent and standardized approach to enforcement. 3.3 Civil aviation organization system in Poland Abstract of findings Regulatory and surveillance responsibilities for civil aviation in Poland are divided among five different entities subordinate to the Minister of Transport and Maritime Economy. The Civil Aviation Department (DLC) is an integral part of the Ministry of Transport and Maritime Economy and is primarily responsible for regulatory and air transport policy issues. The General Inspectorate of Civil Aviation (GICA) is primarily responsible for safety oversight and law enforcement activities while the Polish State Airports Enterprise (PPL) and its integral part, the Polish Air Traffic Agency (ARL), is responsible for airports, airways and air traffic management. The fifth organization involved in civil aviation administration processes is the Aircraft Accident Investigations Board (GKBWL) Primary responsibilities for safety oversight have been assigned to the General Inspector of Civil Aviation who directly supervises two Deputies. The Deputy General Inspector for Aeronautical Matters supervises divisions for personnel licensing, aerodromes, air traffic, operations, flight safety and aviation security. The Deputy General Inspector for Technical Matters supervises divisions for airworthiness and maintenance, certification and technical approvals, and the State civil aircraft register The DLC is composed of six divisions under the leadership of two Deputy Directors. The Deputy Director for Economy and Legal Matters supervises the Air Transport Division, the International Co-operation and European Integration Division, the Air Transport Agreements Division and the Legal Affairs Division. The Deputy Director for Technical Matters supervises the Infrastructure and Air Traffic Division and the Air Transport Security Division. The other departments the Polish Airports State Enterprise (PPL), the Aircraft Accident Investigation Board (GKBWL) and the Polish Air Traffic Agency (ARL) have responsibilities for civil aviation-related activities. Coordination among these departments on mutual areas of interest such as Article 83 bis, the transport of dangerous goods, and the application of national laws and regulations was fragmented and not cohesively stated The technical staff of the GICA consists of seven full-time and six part-time operations inspectors. There are five personnel licensing officers and sixty-one airworthiness inspectors, forty-six of whom are based in the regional offices. The GICA has designated individual experts as examiners. These designated examiners generally conduct licensing and proficiency examinations as required for line pilots, engineering test pilots and mechanics. Flight test pilots and flight test engineers are all recruited from local industry and they perform some of the critical engineering tasks and inspections for the GICA. However, the GICA has not established a system or procedures to monitor and control the performance of those tasks to ensure consistent application of the national standards and regulations The GICA has established procedures and criteria for the recruitment of technical experts including the terms of and minimum qualifications for each technical post. However, the GICA is not a competitive employer and has difficulty recruiting and retaining qualified personnel. Technical personnel in industry, such as pilots, typically earn salaries which are ten times higher than those received by comparably qualified inspectors at the GICA.

7 The GICA has not established a comprehensive training policy or programme which is applicable to all personnel. Each of the divisions for personnel licensing, operations and airworthiness has established individual policies and programmes with varying degrees of implementation Sixteen regional offices are provided functional direction from the Deputy General Inspector for Technical Matters. The regional offices are staffed with airworthiness inspectors only and generally do not include management personnel The GICA has not established adequate procedures for the coordination and control of the regional offices and it was noted that the GICA policies are not always being followed. Furthermore, procedures to establish formal coordination among the various inspectorates have not been established. Cooperation among operations, personnel licensing/training and airworthiness/engineering on issues of mutual concern at the Headquarters and regional offices was fragmented and lacked continuity throughout the Authority. Examples are airmen licensing and training, minimum equipment lists (MELs), special all weather operations, delegation of authority mechanisms and surveillance The GICA has set up a central technical library with a full-time librarian. Copies of the aviation regulations including ICAO documentation are readily available for consultation by the GICA staff. However, not all the necessary airworthiness technical publications were available and some publications were poorly categorized While most standard office equipment is available to technical personnel, the GICA does not have all the office equipment and information tools necessary for carrying out the daily tasks assigned to personnel licensing and airworthiness staff The GICA is funded through the State budget. This budget is not adequate to support the GICA s current regulatory mandate of control and supervision of all its civil aviation activities Corrective action proposed/implemented by Poland In order to implement the recommendation to develop procedures and inspector guidance to establish adequate participation and coordination between the various technical specialties (operations, personnel licensing and airworthiness), the DLC indicated that some amendments have already been introduced in the procedures manuals of the GICA inspectorates. Further cooperation and standardization will be achieved after promulgation of the draft Air Law Act which provides for the creation of a new Civil Aviation Administration Bureau (ULC) to serve as a single unified civil aviation authority in Poland. The ULC will consolidate all civil aviation functions under a single administration headed by a President who will serve as its Chief Executive Officer. The ULC is expected to be established within six months of the promulgation of the Act In response to the recommendation concerning the oversight of delegated tasks, the DLC indicated that the draft Air Law Act will obligate the President of the ULC to develop a system, including qualified personnel and procedures, to monitor, supervise, and control the performance of delegated tasks. The full implementation of this recommendation is expected by the end of In response to the recommendation that the Ministry review inspector salaries and consider establishing the GICA as an autonomous regulatory body that is independent with respect to budget,

8 - 7 - recruitment, remuneration, and training, the DLC indicated that the Minister intends to gradually increase inspector salaries in 2001, up to a parity of 80 percent of the salary received at a comparable post in industry. The draft Air Law Act, once promulgated, will require maintenance of inspector salaries at that level The GICA budget will be increased by the end of 2001 to allow for the procurement of the additional office equipment and information tools required by the personnel licensing and airworthiness staff With respect to the recommendation that the GICA establish a comprehensive training policy and programme for all technical staff to ensure standardized levels of training, the DLC indicated that the Civil Service Act does regulate requirements which must be complied with by all civil servants. Furthermore, a training policy and syllabi are developed separately for each group of professional inspectors and are published in the appropriate inspectors manuals. By letter dated 30 July 2001, the DLC advised that it intended to implement the ICAO recommendation to ensure that the training programmes established are effective and that all staff receive the appropriate training The DCL advised that the new Civil Aviation Administration Bureau (ULC) provided for in the draft Air Law Act, will have an organizational statute which will incorporate all methods and procedures including the requirement to maintain national laws in compliance with ICAO SARPs. 3.4 Personnel licensing and training Poland Abstract of findings The system for personnel licensing in Poland is regulated by several national regulations and includes: a) Personnel Licensing Regulation PL-1, approved by the Minister of Communications on 18 November 1986; b) Instruction L-8 for the requirements of the physical and mental fitness for flight crew members and candidates applying to act as flight crew members, approved by the Minister of Communications, revised on 21October 1971; c) Requirements to the State Personnel Licensing Board, approved by the Minister of Communications on 8 June 1976; d) Procedures for Certification of Aviation Training Centres, approved by the General Inspector of Civil Aviation on 20 October 2000; and e) Order of Ministry of Transport No. 18 dated 6 November 2000 for the establishment of the State Personnel Licensing Board Although the GICA has the authority to initiate amendments to the civil aviation regulations in accordance with Ministerial Order No. 18, Personnel Licensing Regulation PL-1 has not been revised since entering into force on 18 November 1986 and therefore does not meet all the requirements of Annex 1.

9 Within the GICA, four entities are directly related to personnel licensing activities: the Personnel Licensing Inspectorate (PLI), the State Personnel Licensing Examination Board (PLKE), the State Personnel Licensing Examination Board Secretariat (PLKES), and the Aeronautical Personnel State Register (APSR). There are no developed written procedures for coordination among the different entities involved in the licensing activities In order to maintain proficiency of the licensing inspectors, the GICA has approved a formal in-house on-the-job training (OJT) programme. Furthermore, some training activities are held in both local and foreign training institutions of the local air operators and some cross-training is accomplished with other regulatory authorities in the European region. Each inspector in the PLI has a personal training file The PLI is primarily responsible for approving training programmers and instructions for flight personnel, supervising and inspecting training activities, managing the APSR, administering aviation examinations, checking aviation qualifications (knowledge and skills) of the flight personnel, validating foreign licences, managing the PLKES, and coordinating with military organizations for aviation training and the issuance of licences and ratings The PLI is staffed with five inspectors including the Chief Inspector who is the Head of the Inspectorate. One medical specialist is appointed as a part-time contractor to carry out the tasks related to medical examinations. The number of technical staff of the PLI is not adequate to cover the scope of civil aviation licensing activities in Poland The PLKE is responsible for examination of aviation personnel. There are eight Board members and 126 designated examiners for different disciplines. The PLKE is headed by the Deputy General Inspector of Civil Aviation. To support the PLKE activities, the GICA has established a subordinate organization called the PLKES. The PLKES is staffed by one Technical Officer who is a Board secretary and one support staff. The PLKE establishes provisions on the qualifications and experience required to obtain a licence as well as the licensing criteria for all aircrew, air traffic control and other licensing functions The APSR is staffed by three specialists, one of whom is a Senior Licensing Officer with experience in all aspects of licensing. The APSR is organized to maintain personal records for all licence holders in Poland and it is the official archives for historical licensing records in Poland The GICA has recently moved to a new building within the Ministry of Transport and Maritime Economy complex in downtown Warsaw. However, in these new accommodations, the personnel licensing staff is not adequately supplied with office equipment and information tools necessary for carrying out the daily tasks The national licences issued by the GICA are: PPL (aeroplane and helicopter), CPL (aeroplane and helicopter), CPL First Class (aeroplane), ATPL (aeroplane and helicopter), glider licence, free balloon licence, flight engineer licence, flight navigator licence, flight radio operator licence, parachutist commercial licence, air traffic controller licence, aircraft maintenance mechanic licence, aircraft overhaul mechanic licence and flight operation officer licence. The ratings issued by Poland include: type rating, instructor rating, IFR rating, test pilot rating and air traffic controller ratings. All the above licences and ratings are issued in conformance with specifications provided for in Annex1, Chapter 5.

10 Procedures established for medical assessments are based on the provisions of Instruction L-8. Two medical centres in Poland, one civilian and the other military, are designated to conduct medical assessments. The medical centres conduct medical assessments for all flight crew members. The examinations are classified into four groups depending on the applicant s specialty. The medical assessment of cabin crew and flight attendants, air traffic controllers and dispatchers is provided by medical examiners within the aviation organizations. However, there is no system established for supervision and control of medical examiners The procedures established for personnel licensing in Poland are generally in compliance with Annex 1 SARPs. Although the national AIP is maintained by the Polish Air Traffic Agency (ARL), there are no personnel licensing procedures published in the AIP and differences to Annex 1 are not listed The system for personnel licensing in Poland uses a system of designated examiners responsible for written, flight and practical tests examinations for all licences and ratings. These designated examiners are approved through the GICA procedures which establish the criteria and basis for the selection of these examiners. All selected examiners are supplied with an examiner s credential card which is valid for a period of one year Four approved training centres in Poland are certified by the GICA in accordance with the Procedures for Certification of Aviation Training Centres dated 20 October Regulation PL-1, Chapter 2, paragraph 6 contains requirements for training programmes to be approved by the PLI. Several air operators are also approved to carry out training; however, these activities are certificated as a part of the air operator certification process Most of the air operators in Poland use foreign-manufactured aircraft and a large part of the training is provided by foreign training institutions. In order to ensure the quality of the training provided by foreign training institutions, and prior to the start of the training, the GICA contacts the training institution and State aviation authority, and also visits the training facility periodically Corrective action proposed/implemented by Poland With respect to the recommendation that the personnel licensing system in the GICA be reorganized to provide a clarification of responsibilities and increased cooperation among the four entities involved in the licensing of personnel, the DCL indicated that this will be accomplished by the creation of the new Civil Aviation Administration Bureau (ULC) proposed in the draft Air Law Act. Full implementation is expected by the end of In order to address the recommendation calling for additional staffing in the personnel licensing system, the Minister will increase the budget of the GICA beginning in April 2001 to allow for the recruitment of an additional ten flight personnel inspectors with pilots qualifications. New salaries will be simultaneously introduced to provide remuneration comparable to the aviation industry. The new inspectors will complete basic and inspector s training and are expected to be operational by the end of The Ministry will publish the personnel licensing procedures and a list of regulatory differences from Annex 1 in the State AIP before October 2001.

11 In order to establish a system for the supervision and control of medical examiners, and flight and practical test delivery, the GICA will establish new procedures and develop an inspection programme in accordance with the requirements of JAR-FCL (MED) before October With regard to the recommendation to review and amend the personnel licensing regulations to ensure compliance with the ICAO SARPs, the DCL indicated that the provisions of Annexes 1, 6, and 8 will be implemented into the national legal system upon implementation of JAR-FCL or by issuance of new regulations as appropriate, after promulgation of the draft Air Law Act. 3.5 Aircraft operations certification and supervision in Poland Abstract of findings The operations regulations in Poland are contained in the Ministerial Order Operation of Aircraft issued on 9 June Appendices to this document are entitled PL-6 and serve as the primary aviation regulations in the State. PL-6 includes Part 1 Air Transportation: Aeroplanes; Part 2 General Aviation: Aircraft; and Part 3 Personal Parachutes. PL-6 Part 2 also includes requirements applicable to general aviation rotorcraft. There are no separate requirements for commercial rotorcraft operations In addition to these regulations, a separate Ministerial Order authorizes the use of the JARs for civil aviation in Poland. This Order is not compulsory but can be implemented on a voluntary basis The present system of regulations has not kept pace with the SARPs of ICAO Annex 6. The present regulations do not address many important aspects of aviation safety such as operator training on dangerous goods and human factors, aircraft icing, accident prevention programmes, cabin crew, MELs, flight data recorders, boom microphones and Ground Proximity Warning System (GPWS). Although some of these items have been implemented in practice, there is no present legislation requiring them The Operations Division of the GICA is organized under the direction of a Chief Inspector of Operations. This Chief is supervised by the Deputy General Inspector of Aeronautical Matters who in turn reports to the General Inspector of Civil Aviation. The Operations Division is responsible for operational oversight of all civil aviation activities in Poland, except for the supervision of designated examiners and check airmen The Chief Inspector of Operations supervises two sections, namely: Air Operator Certification and Air Safety Inspection. The Air Operator Certification Section is staffed by two administrative employees who are responsible primarily for record-keeping and support of the technical inspectors. The Air Safety Inspection Section is staffed by seven full-time and six part-time flight operations inspectors, one of whom is rated on rotorcraft. The inspectors are well qualified and supported by appropriate terms of GICA minimum qualification criteria for operations inspectors generally require a commercial or air transport pilot licence, flight hours and fifteen years of industry experience. Filling these positions has been difficult due to low inspector salaries which remain approximately one-tenth of those provided to similarly qualified people in industry. In practice, recent operations inspector vacancies have been filled by pilots who have retired from the State airline industry. Presently, the Operations Division is considered understaffed to handle its present responsibilities.

12 The Operations Division has established a comprehensive handbook entitled Manual of Air Operator Certification and Continued Surveillance (PNO) which details inspector guidance for most job tasks. The handbook is updated twice a year, is available on CD-ROM and is provided to all air operator applicants Formal training policy for operations inspectors is contained in Part 1, Chapter PNO and PNO of the inspector s handbook. Curricula and lesson plans are included for basic training, quality assurance, dangerous goods, crew resource management (CRM), recurrent training, Action Programme for Safety Assessment of Foreign Aircraft (SAFA) inspections, flight crew licensing and aircraft specific training. In the past, basic training has often included the inspector indoctrination course at the Federal Aviation Administration (FAA) Academy in the United States. This has not been the case recently and a replacement course has not yet been identified. Due to these factors, three inspectors have now been waiting for basic training for up to two years New inspectors also complete a period of OJT with more experienced inspectors. This training normally takes about six months to complete; however, the training curriculum is unstructured and undocumented Flight currency is not provided by the GICA. Inspectors maintain some currency by flying for hire with some of the smaller airlines, aero clubs, flight schools and also in private aircraft. Inspectors with responsibilities on large aircraft maintain currency by flying simulators on an ad hoc basis. Inspectors also participate in type-specific aircraft training provided by State air operators. The GICA does not provide any funding for aircraft rental, simulator rental or flight training courses The flight operations inspectors are supported by an adequate infrastructure of buildings and standard office equipment including computers with Internet access. Each inspector is issued a credential that provides identification as a GICA inspector; however, State regulations do not provide inspectors with legal access to airports, operators and aircraft All inspectors have personal copies of the civil aviation regulations as well as appropriate ICAO manuals. Additionally, the Inspectorate is supported by a central technical library which is supervised by a dedicated librarian. The library contains an adequate assortment of industry information, publications and circulars as well as aircraft manuals for all essential types The Operations Division is assisted in its certification and surveillance functions by a system of designated examiners who conduct flight checks for certification and proficiency. However, due to a shortage of operations inspectors in the division, these designated industry personnel are appointed and supervised by the Personnel Licensing Division. Accident investigations are also not a function of the Operations Division but are accomplished by other divisions within the Ministry Personnel files and training records are well-organized and maintained for all operations inspectors. These files include copies of proficiency flight checks, but recency of flight experience and flight hours are maintained only in personal logbooks. The files also do not include any system to record OJT completed or to certify competency on specific job functions.

13 The certification of new air operators is governed by an established policy and detailed procedures which are contained in the inspector s handbook. The certification process utilizes a conventional five-step system involving pre-application phase, formal application phase, document assessment phase, practical test phase and final issuance of the AOC. During the pre-application phase, applicants are referred to the Air Transport Division of the DLC. This division reviews the financial strength of the proposed operation and issues a commercial licence if all requirements are met New certifications are assigned to a principal operations inspector (POI) who serves as the certification programme manager. This POI is responsible for assembling a certification team of all necessary technical specialists. During the document assessment phase, all required manuals must be submitted to the division for review and approval. The content of company operations manuals follows a format standardized by the GICA. The practical test phase involves a period of validating and on-site inspection of all company operations. Upon completion of the process, the applicant is awarded an AOC, valid for one year. AOC renewals can be valid for up to three years. Requirements for renewal of an AOC are the same as for original issuance The Polish operations surveillance system involves the creation of an annual surveillance plan which is then divided into monthly schedules. Each schedule utilizes a table format which lists the inspections to be accomplished. Cockpit and cabin en-route inspections are further assigned to individual inspectors. Station facility inspections are performed for all scheduled air operators. Aerodrome inspections are the responsibility of a separate division. Inspections are performed using checklists and forms provided in the handbook. After completion of required inspections, appropriate records are filed in the relevant air operator file Neither the State regulations nor the division handbook specify the minimum number of inspections that should be performed for each operator during the year. Inspections are planned according to the manpower presently available. Due to this lack of regulations and the shortage of operations inspectors, the division is accomplishing less than the minimum number of inspections recommended by ICAO guidance material The Operations Division does not have any dedicated cabin safety inspectors. Cabin safety inspections are accomplished by the flight operations inspectors during the conduct of cockpit and cabin en-route inspections. Responsibilities for dangerous goods have been assigned to two operations inspectors who have been specifically trained in this area. All operations inspectors have had general training in the handling of dangerous goods Corrective action proposed/implemented by Poland With regard to the recommendation to review and amend the operations regulations in order to implement all of the ICAO SARPs, the DCL indicated that the provisions of Annexes 1, 6, and 8 will be established in the national legal system upon issuance of the JARs and/or new regulations as appropriate. Action will be delayed until after promulgation of the draft Air Law Act planned for June The new regulations are expected to be in place by the end of With respect to the recommendation that additional operations inspectors be hired in the GICA to accomplish all State responsibilities for safety oversight, the DCL indicated that an additional ten

14 pilot inspectors will be recruited and provided with salaries comparable to the aviation industry in the State. Appropriate training will be completed and the new inspectors operational by the end of The GICA has published additional requirements and procedures in the PNO manual to establish a written curriculum for OJT that includes a system to record training completion and a means to certify inspector competence on each job function In response to the recommendation that a system be established to provide flight currency for operations inspectors, the DCL indicated that agreements will be developed between the GICA and air operators which will allow inspectors to fly as guest pilots. The system will be published in the PNO and participation will be mandatory for all inspectors holding pilot licenses. Full implementation is expected by the end of To address a recommendation concerning the surveillance of air operators, the DCL indicated that the GICA published appropriate requirements and procedures in the PNO in March 2001 to establish an inspection programme that complies with ICAO SARPs. 3.6 Airworthiness of aircraft in Poland Abstract of findings The Airworthiness Regulations (Zasady Sprawdzania Zdatnosci do Lotu) are dated 22 February 1965 and have not been amended since that time. These regulations have not kept pace with changes in the aviation industry of Poland and ICAO SARPs. Several areas are not adequately covered, particularly special flight operations such as CAT II, CAT III, RVSM, MNPS and RNP Other temporarily implemented JARs and selected U.S. FARs and Ministerial Decisions such as Order No. 13 and Order No. 14 form the main structure of the regulatory framework governing airworthiness. The Airworthiness Department has adopted JAR-145 and JAR-OPS 1, Subpart M to supplement the national regulations. The GICA Airworthiness Department also issues airworthiness directives (ADs) in the form of national directives called Dyrektywa Zdatnosci, commonly known as D.Z. It also publishes aeronautical information circulars (AICs) and technical directives which complement the regulatory framework Since Poland is a State of Design, it also publishes its own directives and service bulletins and is responsible for continuing airworthiness information for several types of aircraft and helicopters. The process of exchanging information needs improvement as Poland is not always notifying States who operate their equipment and advising them of airworthiness information related to the type certificate of the aircraft. Furthermore, there is no formal system of fault, defect and malfunction reporting in Poland and air operators are not required to report to the GICA on unairworthy conditions Poland as a State of Design has not yet adopted an airworthiness code. In practice, the Airworthiness Department is using the JARs based on Order No. 18 of the Ministry of Transport and Maritime Economy. No provision has been made for acceptance of airworthiness codes of other States of Design. The CAA has also developed procedures for the validation of type certificates issued by those States and these are listed in the Airworthiness Technical Manual, which is the handbook used for guidance of airworthiness inspectors.

15 Although the Airworthiness Department has developed and adopted an airworthiness inspector s handbook, it requires further development to include various procedures such as the issuance of flight permits, approval of maintenance programmes, etc. In addition, the handbook should address the coordination procedures among the three departments of engineering and certification as there is very little interface among the departments on issues of mutual concern. The inspector s handbook also needs to incorporate procedures on the preparation of an operator s maintenance control manual, maintenance operations procedures and aircraft lease arrangements. The Airworthiness Department has not published any guidance to air operators on procedures for supervising specialized maintenance activities such as aircraft welding and non-destructive testing The GICA does not have a regulatory requirement concerning maintenance release and the circumstances under which this release will be given. There is no regulatory requirement for maintenance procedures manuals to be developed and approved by the civil aviation authority The GICA does not require international air transport operators to develop and provide it with aircraft maintenance reliability information. Furthermore, the Airworthiness Inspection Department does not maintain ongoing oversight of these programmes The GICA Airworthiness Department is structured around sixteen regional offices with a total of sixty-one technical staff, six of whom are part-time inspectors. The airworthiness inspectors and engineers assigned to various duties are provided with new offices, but many of the inspectors are not equipped with computers linked to the GICA quality information system (Intranet) or to the Internet The technical library (technical documentation centre) of the Airworthiness Department needs improvement since basic documents such as maintenance programmes, structural repair manuals and manufacturer s mandatory continuing airworthiness information are not available. The GICA relies on the air operators and AMOs to maintain this information in their libraries and is unable to track ADs on Boeing aircraft as this is not maintained in the GICA A review of selected airworthiness inspectors files/records revealed that some training has been received. Qualifications of technical staff are adequate; however, a formal training policy and programme should be implemented as training is not standardized throughout the Airworthiness Department In addition to the combined certification activities which normally take place, the authority has also established a surveillance plan for its commercial air transport operators and AMOs. However, surveillance records require improvement. Airworthiness inspectors are assigned as principal maintenance inspectors (PMI) for large operators and these inspectors do conduct some monitoring and routine inspections but they are focused on the annual renewal cycle. Delegations to designated maintenance engineers (DMEs) and training examination facilities assist the GICA in the accomplishment of its State licensing mandate. However, procedures regarding the renewal and administration of DMEs are lacking Formal written regulatory requirements for an air operator to have a MEL based on the master minimum equipment list (MMEL) have not been developed. However, when an operator submits a MEL, the approval is carried out jointly by the GICA Airworthiness and Flight Operations Departments. However, the GICA Airworthiness Department is not involved in the initial review to ensure that the necessary maintenance procedures are applied to identify a particular system or item as inoperative. The consequent revisions to the MEL by the Airworthiness Department are not formalized.

16 The GICA has not developed procedures for the movement of an aircraft which is no longer airworthy but which must be flown for repair. Furthermore, the GICA does not advise the air operator that the State s special flight authorization is not valid for use in foreign airspace The GICA Airworthiness Engineering Department does not enforce the provisions of Annex 8 concerning security-related requirements (least-risk bomb location, flight crew compartment door and bulkhead, and easy concealment of weapons) and does not advise the air operators that they must comply with these requirements and place the information concerning a least-risk bomb location into the aircraft flight manuals The Airworthiness Engineering Department is in charge of the initial approval and the surveillance of design, production and maintenance organizations. In Poland, there are twenty-four production organizations with Production Organization Approval under JAR-21, Subpart G. There are also six design organizations approved under JAR-21, Subpart Design Organizations. There are thirty flight test pilots and eight flight test engineers who are employees of aviation works in Poland and perform engineering functions. A review of historical files on the design and production organizations revealed that continuing supervision of these design, production and maintenance organizations was deficient The Airworthiness Engineering Department is also responsible for the type certification of aeronautical products and all engineering post-type certificate activities (modifications, repairs, supplementary type certificate, etc.). Continuing airworthiness requirements and transmission of operators experience requirements were not being adhered to by aircraft manufacturers as required by Annex 8. In addition, the Airworthiness Department was not directly involved in ensuring that this mandatory airworthiness information was transmitted to operators of its aircraft The Airworthiness Engineering Department is not provided with the appropriate up-to-date communication, data processing/information tools and office equipment required to perform adequate oversight. The internal and external communication system (telephone, facsimile, Intranet and Internet access and GICA web site) does not provide adequate links within the GICA and with regional offices Most of Poland s production organization approvals are made under JAR-21, Subparts F, G, JA and JB for the production and design of products and parts. Issuance or validation of a type certificate is done according to the GICA national requirements or the JAA process with additional national requirements. The GICA has temporarily implemented some of the JARs including: JAR-22 (gliders), VLA (very light aircraft), JAR-23 (small aeroplanes), JAR-27 (small rotorcraft), JAR-29 (large rotorcraft), and JAR-E (engines), P (propellers) and TSO (technical standard orders). Production certificates for supplemental type certification and parts approval are still pending. Presently, the engineering procedures for the approval of modifications and repairs contained in national regulations are not adequately detailed and do not include guidance on the determination of the certification basis for which compliance should be demonstrated by an applicant. The procedures do not address the issue of repair compatibility and any special conditions as outlined in ICAO Doc 9642, Part V, paragraph The procedures used for the various types of approvals are contained in the Airworthiness Engineering Department Technical Procedures Manual (TPM). However, this manual was being developed and did not include all of the areas required for engineering.