ICAO SUMMARY REPORT AUDIT OF THE DEPARTMENT OF CIVIL AVIATION OF THE LAO PEOPLE S DEMOCRATIC REPUBLIC

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1 ICAO Universal Safety Oversight Audit Programme ICAO SUMMARY REPORT AUDIT OF THE DEPARTMENT OF CIVIL AVIATION OF THE LAO PEOPLE S DEMOCRATIC REPUBLIC (Vientiane, 22 to 30 April 1999) INTERNATIONAL CIVIL AVIATION ORGANIZATION

2 ICAO UNIVERSAL SAFETY OVERSIGHT AUDIT PROGRAMME Summary Report of the Safety Oversight Audit Mission to Lao People s Democratic Republic (Vientiane, 22 to 30 April 1999) 1. BACKGROUND 1.1 The Department of Civil Aviation of the Lao People s Democratic Republic was audited from 22 to 30 April 1999 by an ICAO safety oversight audit team in accordance with the Memorandum of Understanding (MOU) agreed on 2 April 1999 between the Lao People s Democratic Republic and ICAO and included in Attachment A to the interim report dated 19 May The audit was carried out pursuant to Assembly Resolution A32-11, with the objective of ascertaining the safety oversight capability of the Department of Civil Aviation (DCA) of the Lao People s Democratic Republic and to ensure that it is in conformity with ICAO Standards and Recommended Practices (SARPs) as contained in Annexes 1, 6 and 8 to the Chicago Convention and related provisions in other Annexes, guidance material, and relevant safety-related practices. 1.2 On 10 August 1999 (dated 23 July 1999), LPDR submitted a corrective action plan addressing all the findings and recommendations contained in the audit interim report. In general terms, the action plan submitted was found to be satisfactory. However, one item of concern was raised with the DCA relating to the term if approved by the government which was liberally used in the action plan. The attention of the State was directed to the importance and urgency of implementing the proposed action plan which requires a definite commitment by the State. 2. AVIATION ACTIVITIES IN THE LAO PEOPLE S DEMOCRATIC REPUBLIC At the time of the audit, there were only three technical staff, including one airworthiness inspector, employed by the DCA. Forty-two aircraft were registered in the State, and there were two public air transport operators registered. Thirty-one pilot licences, eleven other flight crew licences and four other than flight crew licences were issued by the DCA. 3. SUMMARY OF FINDINGS The Lao People s Democratic Republic had not promulgated primary aviation legislation and civil aviation regulations. Further, it lacked the organizational and technical capability to effectively carry out its personnel licencing, aircraft operations and airworthiness oversight responsibilities in accordance with the Convention on International Civil Aviation and its Annexes. There was no system established for the certification and surveillance of air operators and aircraft maintenance organizations. In brief, the Lao People s Democratic Republic had not established an adequate organization founded on solid legal foundation to enable it fulfill its safety oversight obligations. Audit Summary Report October 1999

3 -2-4. AUDIT RESULTS 4.1 Primary aviation legislation in the Lao People s Democratic Republic There was no primary aviation legislation in the Lao People s Democratic Republic. A new Civil Aviation Law and Regulations had been drafted more than two years ago but were still awaiting promulgation by the Government. The draft legislation was reviewed and found to be lacking in that it did not provide for the vesting of specific empowerment and authority to the DCA as is recommended by ICAO Doc Serious consideration should be given to amend the draft legislation in an effort to make it an effective tool and also adhere to the guidance provided in Doc Civil aviation regulations in the Lao People s Democratic Republic The Lao People s Democratic Republic had not promulgated formal civil aviation regulations. However, there were eight documents: the Manual of an Airworthiness Organization; the Manual of Civil Airworthiness Requirements; the Manual of Personnel Licensing Procedures for Flight Crew; the Manual of Inspection Procedures (Flight Operations); the Standards for Commercial Air Operations Parts I, II and III; and the draft Civil Aviation Law and Regulations that made up the extent of aviation regulations in the Lao People s Democratic Republic. The documents were all suggested to be used as a Tentative Rule for Aviation Activities in the LPDR until the promulgation of the draft civil aviation legislation. These documents, although providing some guidance to the DCA, were inadequate and did not meet the criteria for regulations as stipulated in the Convention, ICAO SARPs and other ICAO safety oversight-related guidance material During the course of the audit, four findings relating to primary aviation legislation and civil aviation regulations in the Lao People s Democratic Republic were identified and four recommendations were made for their rectification Corrective action plan proposed/taken by LPDR In its action plan, the DCA indicated that it will submit a second request to the Minister for promulgating the proposed civil aviation legislation. It did also indicate that the draft regulations will be reviewed with the assistance of the Technical Cooperation Bureau, expected to start in October 1999 under a UNDP Project No. LAO/98/015/A/09/15. The DCA plans to request another technical assistance project to address its civil aviation requirements should the output of the UNDP Project prove to be insufficient to cover the needs The action plan also indicated that an air law expert will be sent for training in aviation law in the year Organization of the LPDR civil aviation system The DCA of the Lao People s Democratic Republic had the regulatory and oversight responsibilities for civil aviation in Lao and the operation of all airports and air traffic services. It was funded through a government budget which in 1999, amounted to approximately U.S.$ although the DCA was able to generate a considerable income (in the area of US $ ), through charging for services rendered. However, the DCA has not benefitted from the income it generates as it remains poorly organized and understaffed in all areas covered by the audit. October 1999 Audit Summary Report

4 The DCA did not have the capability for safety oversight. Its inspectors were very few and had limited aviation background. There was very limited experience in the area of actual inspection and the DCA had no training programme for its staff. The DCA of LPDR was extremely lacking in terms of funding, experienced technical staff, availability of equipment support material and procedures to undertake the duties and responsibilities of a properly functioning civil aviation authority During the course of the audit, five findings relating to civil aviation organization in the Lao People s Democratic Republic were identified and five recommendations were made for their rectification Corrective action plan proposed/taken by Lao PDR In its action plan, the DCA indicated that it will submit a request to the Minister to reassess the budget and make amendments to enable it to satisfactorily undertake its safety oversight obligations. Specifically, the DCA will request the Minister to make funds available for the recruitment of an Operations Inspector by the end of August In this respect, it also indicated that it will request the Government to provide it with an adequate budget for the recruitment and training of three additional technical staff. A request for the DCA to benefit from the funds it generates will also be forwarded to the Government by 28 February 2000 and the DCA will try its best to persuade the Government to have full authority to control the funds it generates. 4.4 Personnel licensing in the LPDR The Personnel Licensing Section of the Air Transport Division was staffed only by the Chief of Personnel Licensing and Airworthiness Certification. There were no examiners, flight test officers, other technical specialists or clerks in the section. There were no national licensing regulations for flight crew members or for personnel other than flight crew members. However, flight crew licence applicants were required to meet age, experience and medical requirements which were consistent with Annex 1 requirements although there was no system established to ensure that the applicants met standardized knowledge and skill requirements. The Lao People s Democratic Republic had not designated any medical examiners for issuance of medical certificates. Crew members received periodic physical examinations by an air force physician, but the DCA was not aware of his specific training or qualifications. Medical certificates were accepted for issuance or renewal of licences without further review or support of a full medical report The DCA did not carry out its licensing function in a manner characteristic of an independent regulatory body. The licensing section s authority was very limited and its activities were very narrow in scope. It functioned primarily to carry out the administrative task of issuing a licence after the national carrier certified, through the submission of an application, that a crew member or other person was qualified for the licence and rating sought During the course of the audit, five findings relating to personnel licensing and training in the Lao People s Democratic Republic were identified and five recommendations were made for their rectification. Audit Summary Report October 1999

5 Corrective action plan proposed/taken by Lao PDR With respect to specific licensing regulations, the DCA, in its action plan indicated that they will be covered under the action plan specified in The DCA also indicated that it will require technical assistance to reorganize its personnel licensing system; in the meantime, it will recruit a flight test provider to be attached to the Personnel Licensing Section by 30 December With respect to medical examinations, the DCA will designate a qualified and experienced medical doctor to conduct medical examinations and also to review medical examination reports which will be required to be submitted to the DCA. 4.5 Aircraft operations in the Lao People s Democratic Republic The DCA had not established a system or an organization for the control and supervision of aircraft operations. No safety oversight activities have been conducted in the Lao People s Democratic Republic in connection with aircraft operations and other activities related with the operation of an aircraft. The DCA did not issue air operator certificates nor has it established a system for operations certification. There was no system of supervision and surveillance established although the DCA had established guidelines and procedures for the conduct of operations inspections in the Manual of Inspection Procedures (Flight Operations). However, there were no inspectors recruited to conduct inspection or carry out the procedures provided During the course of the audit, ten findings relating to relating to aircraft operations and the certification and supervision of operators in the Lao People s Democratic Republic were identified and ten recommendations were made for their rectification Corrective action plan proposed/taken by Lao PDR The DCA in its action plan indicated that it will develop the necessary regulation that will give a legal status to the Manual of Inspection Procedures as tentative aircraft operations regulations. The DCA will submit a request to the Minister to implement an operations inspectorate with technical assistance from ICAO in line with the guidance contained in ICAO Doc The establishment, provided that the Government has approved as requested, is expected to be completed by July The DCA also indicated that it will develop an application form for the issuance of an air operator certificate (AOC) in adherence with the guidance contained in Doc With respect to control and supervision of air operators, the DCA indicated that it will develop a system of surveillance and supervision of air operators as prescribed in the Manual of Inspection Procedures by 30 December The DCA will further submit a request for technical assistance from ICAO to develop specific policy and procedures for the transport of dangerous goods by air as part of the package of assistance which will be requested from ICAO. 4.6 Airworthiness activities in the Lao People s Democratic Republic Airworthiness activities in the Lao People s Democratic Republic consisted of airworthiness inspections including the issuance and renewal of Certificates of Airworthiness, surveillance of aircraft operators and aircraft inspections. The DCA did not issue AOCs and there were no approvals issued to maintenance organizations and repair stations. The DCA did not approve maintenance programmes. An Airworthiness Section was established recently and its effectiveness as well as quality and October 1999 Audit Summary Report

6 -5- consistency of its safety oversight activities could not be appropriately assessed as it still was under a development stage The DCA Airworthiness Section, which was established on 2 March 1999, consisted of one airworthiness inspector, recently recruited from the Lao Air Force. There were no support personnel nor support equipment to assist him in performing his duties. Under the prevailing situation aggravated by the absence of instruments of legal authority, an Airworthiness Code and appropriately qualified and experienced personnel, the DCA was not able to conduct any type of safety oversight activity in regards to airworthiness of aircraft During the course of the audit, forty findings relating to continuing airworthiness in the Lao People s Democratic Republic were identified and forty recommendations were made for their rectification Corrective action plan proposed/taken by LPDR In its action plan, the DCA indicated that it will request the Government for a timely promulgation of the aviation law to give regulatory authority to the two manuals. It will also submit a request for the recruitment of additional inspectors and support personnel, a budget for their training, and for technical assistance to be made available by the end of this year. The DCA will also nominate a staff of airworthiness section to develop an inspector s handbook and other necessary checklist and guidance material. The DCA will submit by 30 December 1999, a request for an improvement of financial policy to enable it perform some of its responsibilities, however, a request for a revised plan will only be submitted in June In summary, the action plan relating to airworthiness of aircraft, like the action plan forwarded for the other areas covered by the audit, indicated that the DCA will submit several requests to the Government to resolve the safety concerns raised by the audit. It will also request for technical assistance from ICAO to help it in resolving deficiencies and shortcomings and implement Annex provisions as applicable. 5. COMMENTS 5.1 The audit conducted by ICAO had clearly shown that the Lao People s Democratic Republic did not have the required regulatory framework, specific regulations to give effect to ICAO Annex provisions, appropriate civil aviation organization encompassing adequately qualified and experienced inspectorate and support staff and the resources to enable it fulfill its safety oversight obligations. Lack of control and supervision was further manifested during the visit to Lao Aviation, a scheduled international air carrier, which did not comply to many essential requirements of Annex 6, Parts I and III to the Convention on International Organization. From the findings and recommendations forwarded, it was obvious that the civil aviation system established in the LPDR needed a complete overhaul. 5.2 It was also obvious that the required expert resources to overhaul the system were not fully available in the LPDR confirming the need for external technical assistance. In its action plan, the DCA has recognized the lack of safety oversight capability and the need for technical assistance to address the potentially alarming situation. It has developed an action plan which addressed all the recommendations made and, in the long term, enable it to fulfill its safety oversight obligations. However, all actions proposed Audit Summary Report October 1999

7 -6- are conditional on the approval of the Government and the term if the Government approves is dominant throughout the action plan. In this respect, it should be noted that safety oversight is the responsibility of a Government and the implementation of sound and effective safety oversight system should not be conditional. An ICAO Contracting State is obligated by the Convention to commit resources and all other necessary items to ensure safe, regular, economic and orderly civil aircraft operations system. Thus, it is highly emphasized that the Government favourably respond to the submissions of its DCA to resolve the deficiencies and shortcomings identified by the assessment as soon as possible. 5.3 The prevailing situation observed in the Lao People s Democratic Republic requires an immediate action and the State is advised to activate the request for technical assistance without further delay. The audit has shown that funds collected from charges for civil aviation services provided by the Government can support the resolution of the safety concerns raised. Ensuring the safety of aircraft operation is the most essential service a State can provide to its population and those who make use of its civil aviation infrastructure. 6. DIFFERENCES WITH AND NON-IMPLEMENTATION OF ICAO SARPs In the absence of primary aviation legislation and specific civil aviation regulations to give effect to relevant Annex provisions, it was considered that the SARPs of Annexes 1, 6 and 8 relating to personnel licensing, aircraft operations and the airworthiness of aircraft had not been implemented by the Lao People s Democratic Republic. END October 1999 Audit Summary Report