European Aviation Safety Agency

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1 Article 144 of Regulation (EC) 216/2008 Exemption Notification form This template is recommended to be used for notification of exemptions against Implementing Rules to Regulation (EC) No 216/2008 Once completed by the NAA, this template should be sent to EASA as soon as possible in parallel / advance of the formal notification via the Permanent Representation, to EASA, Member States and the European Commission Notifying State Member or Associated State i France Reference of the notification N TREG/446/2018 from the State ii Date of the notification iii Exemption Exempted requirements iv The requirements regarding curtailment of privileges of pilots aged 60 years or more are determined in regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council FCL065 (a) of regulation No 1178/2011 (Aircrew) states that the holder of a pilot licence who has attained the age of 60 years shall not act as a pilot of an aircraft engaged in commercial air transport except as a member of a multi-pilot crew Reason for notification v Repetitive exemption or extension X Organisation, operator, aerodrome or person whom the exemption is granted to vi Exemption granted for more than 2 months Several European Member States, under the provisions of article 14 (4) of regulation No 216/2008, granted exemption to this requirement, together with risk mitigating measures Such exemptions were granted by Switzerland, Hungary, Austria and Slovakia, for example EASA issued a positive recommendation in a context where a revision of the provisions of regulation 1178/2011 regarding age limitation, although not yet achieved, is considered in RMT0707 The task may also consider alleviations to the existing pilot age limitation by applying a more evidence-based medical approach This revision was first mentioned in a workshop under Austrian CAA in Vienna on 16 and 17 March 2017 in the presence of EASA and ICAO representatives Several operators applied for an exemption for pilots employed in their company, aiming at allowing them to fly in HEMS monopilot operations over age 60 and until age 65 The reason for these operators to ask for exemptions is an operational need to keep employing their pilots; besides the companies refer to a context of increased need to recruit trained pilots with the appropriate rating, in relation to a recently signed contract with emergency medical services Aircraft type/model/variant vii Serial no viii Registration ix FOEXEMP All rights reserved ISO9001 Certified Proprietary document Copies are not controlled Confirm revision status through the EASA- Page 1 of 5

2 Type of operation x SMUH monopilot operations ICAO location indicator (when applicable) Exemption applicability date xi Reference to previous similar exemptions, if any Issuance date 6/6/2018 date of the earlier exemption granted: dd/mm/yyyy If applicable, reference of former notification: Expiry date When applicants reach age 65 or when applicants no longer satisfy mitigating measures, whichever comes first Details of the exemption (attach the exemption) xii The situation should allow the French authorities, provided an operator requests it and subject to the examination of the individual situation of the pilot involved, to grant pilots employed in commercial air transport in helicopter emergency medical services by operators whose safety oversight is ensured by France, an exemption to the requirement in FCL065 (a) in regulation 1178/2011 until age 65, provided the Aircrew requirements and the requirements listed in the exemption are fulfilled The exemption does not affect flight safety for the intended operations, given the mitigating measures associated to the derogation The operations are limited to the territory of the French Republic only The French Authorities are willing to provide any additional information needed Reason for granting unforeseen urgent operational circumstances exemption xiii Please detail: operational needs of a limited duration Please detail: X Several operators applied for an exemption for pilots employed in their company, aiming at allowing them to fly in HEMS monopilot operations over age 60 and until age 65 The reason for these operators to ask for exemptions is an operational need to keep employing their pilots; besides the companies refer to a context of increased need to recruit trained pilots with the appropriate rating, in relation to a recently signed contract with emergency medical services In case of non approved change/repair: xiv If applicable, please refer to the EASA Project number: If no Project number, classification of the change/repair in accordance with Part 21: Minor / Major FOEXEMP All rights reserved ISO9001 Certified Proprietary document Copies are not controlled Confirm revision status through the EASA- Page 2 of 5

3 Justifications of the maintained Level of Safety; Mitigating measures, if any xv Regarding risk mitigating measures, the curtailment of privileges of licence holders depending on their age aims at mitigating possible deficiencies due to age After advice by medical experts, it appears that the exemptions may be granted, provided the pilots comply with the following additional medical requirements: Each aeromedical assessment shall be conducted in the same AeMC, which shall be equipped with an ophthalmological and ENT technical facilities; A complete ophthalmological examination by a specialist must be conducted every year (and a routine examination every 6 months); A pure-tone audiometry shall be conducted every year; Extended cardiovascular assessment shall be conducted at age 60, then at least every two years; The AeMC shall prescribe any additional examination deemed necessary by the AME and AeMC Due to a higher potential of neurological event after 60 years of age (stroke, seizures, cognitive function), the AME and the other medical experts of the AeMC shall give particular consideration to any neurological sign or symptom and require all additional investigations needed, when in doubt; At the first examination conducted after age 60, and every two years afterwards, a biological screening shall be conducted : blood count, sedimentation rate, CRP, lipid test, liver function test including GOT, GPT, gamma-gt, TSH, glycosylated haemoglobin Any extra biological screening can be prescribed by the AeMC in the light of the clinical examination; The interval between two biological screenings can be shortened for the same reasons Besides, pilots need to comply with a cognitive capacity check The mitigating measures regarding the verification of cognitive functions in Operator proficiency check and Line checks are the following: Annual recurrent training A copy of the annual recurrent training report shall be transmitted to the Authority through a dedicated box Operator proficiency checks: - The Operator proficiency check shall be conducted by the person responsible for the management and supervision of crew training(oroaoc135, also known as nominated postholder responsible for crew training ) or by a TRE they designate ; - The examiner shall alternate every six months ; - The cognitive functions shall be evaluated through short scenarios proposed by the examiner; The check report shall be transmitted to the Authority through a dedicated box Line check : - The line check shall be conducted by an examiner from the operator designated by the the person responsible for the management and supervision of crew training (also known as nominated postholder responsible for crew training ) and holding a TRE authorisation - The line check is a flight of a minimum duration of 30 minutes ; - Every year a different scenario, aiming at checking the pilot s cognitive capacity will be proposed on this flight ; - The scenarios shall be filed to the Authority ; The line check report shall be transmitted to the Authority through a dedicated box Regarding possible flight time limitations, after analysis it came out that: FOEXEMP All rights reserved ISO9001 Certified Proprietary document Copies are not controlled Confirm revision status through the EASA- Page 3 of 5

4 Flight time, as far as HEMS operations are concerned, is already limited in France by the following: o Convention collective nationale du personnel navigant technique des exploitants d hélicoptères; o Code de l aviation civile, articles D422-1 à D422-7 et D422-9 à D ; o Arrêté du 9 août 2007 relatif au contrôle technique des opérations aériennes civiles d'urgence par hélicoptère Its article 6 requires that «no matter what the work arrangement is, flight time cannot be more than eight hours per 24 hour period, nor 35 hours per week, nor 75 hours per civil month, which is less that the 12 hour minima that EASA considered acceptable in other Member States exemptions; In practice, HEMS pilots fly only between 80 and 150 hours a year, most of the time between two known helistations Between flights, the pilot stays in a resting area, equipped with a bed, within the hospital In acknowledgement of the medical risks linked to duty time, increased by age, the duty time of the pilots who benefit from the exemption shall not exceed 12 hours Additional observations xvi (if any) Contact Details of NAA xvii Agency Use Date received Date and reference of recommendation This form should be used to provide the basic details regarding the exemptions to be notified as per Article 14(4) of Regulation (EC) 216/2008 Provision of the data request in English will assist in processing the Agency recommendation in a timely manner For instructions, please see details next page FOEXEMP All rights reserved ISO9001 Certified Proprietary document Copies are not controlled Confirm revision status through the EASA- Page 4 of 5

5 Instructions i State where the notification of exemption comes from ii Reference of the notification letter from the Member State or associated State to the Commission, the Agency and the other Member States iii Date of issuance of notification letter as mentioned in block 2 iv Refer to Regulation (EC) 216/2008 (hereafter referred to as Basic Regulation ) and articles Basically, reference shall be made to Basic Regulation Article 14(4) Specific reference to Implementing Rules can be given in addition (example: Part 21, Part M with the applicable paragraph corresponding to the NAA remit) v According to Basic Regulation Article 14(4), the exemption shall be notified only in those two cases: - If the exemption is repetitive In this case, and if the former exemption was already notified to the Commission (or to EFTA Surveillance Authority, if applicable), to the Member States and to the Agency: provide the reference of the corresponding notification - If the exemption is granted for more than 2 months vi Name of the organisation, operator,aerodrome or person whom the exemption is granted to vii Refer to the aircraft type/model/variant concerned by the exemption viii Refer to the registration concerned by the exemption ix Refer to the serial number concerned by the exemption x If the information is relevant to the exemption, indicate the category of operations (eg Commercial Air Transport, private) xi Date of the issuance and date of expiry of the exemption xii The description of the exemption should allow the Agency s experts to provide a technical recommendation In the case of a non approved change or repair, the title of the change/repair and the reason of non-approval shall be given Classification of the change/repair shall also be indicated in block 12 In the case where the change/repair is handled by an approved Design Organisation, brief description of the change/repair shall allow the experts to evaluate the technical status of the change/repair and to assess if the exemption complies with the general safety objectives of the Basic Regulation xiii As per Basic Regulation Article 14(4), the exemption shall be granted only in the event of unforeseen urgent operational circumstances or operational needs of a limited duration The corresponding case needs to be ticked and a short justification provided xiv In the case where the change/repair is handled by the Agency, the Project number allocated by the Agency after receipt of the application for approval shall be provided so that the Agency s experts can identify the files xv Describe how it is ensured that the level of safety is not adversely affected and what mitigating measures are put in place, if any xvi Any additional information that can help the Agency to provide a recommendation to the Commission can be added there xvii Provide contact details ( and phone) of the NAA official in charge of this exemption in the case where additional information would be required by the Agency FOEXEMP All rights reserved ISO9001 Certified Proprietary document Copies are not controlled Confirm revision status through the EASA- Page 5 of 5