2017/TPTWG44/AEG/003d Agenda Item: 5.2 License Requirements and Leased Aircraft Purpose: Consideration Submitted by: AEG Chair Aviation Experts Group Meeting Taipei, Chinese Taipei 26-27 April 2017
International Flight Crew Member Licensing Requirements, in Particular for Leased Aircraft on a Foreign Registry Background Many small air operator certificate (AOC) holders and corporate aircraft operators have been surprised to discover that after operating for many years a decision is made to lease an aircraft registered in another county. This immediately calls into question the international rules concerning the licensing of crew members. Unlike the large aircraft operators, they have no training or standardization department to advise them on such matters. They are left to navigate the maze of international aircraft requirements on their own. And the requirements and guidance are scattered within several sources. This brief review of international crew member licensing requirements has been written in response to frequently asked questions from the smaller operators. The Convention on International Civil Aviation The Convention on International Civil Aviation, or the Chicago Convention, was first drafted in 1944. The Convention provides the basic legal organizational foundation for the International Civil Aviation Organization (ICAO), in addition to some basic standards for international civil aviation. ICAO is a member of the United Nations family of agencies. International crew member licensing begins with Convention Article 32 a): The pilot of every aircraft and other members of the operating crew of every aircraft engaged in international navigation shall be provided with certificates of competency and licenses issued or rendered valid by the State in which the aircraft is registered. The most obvious option would involve the aircraft operator obtaining crew member licenses in the State of Registry. Crew member medical certificates issued by the State of Registry and recurrent proficiency checks would also be 1
required. This would be an expensive and time consuming undertaking. Also, many economies with extensive aircraft registries actually lack the qualified personnel and organizational infrastructure to issue crew member licenses for large complex aircraft. So where do we go from here? Validation Article 32 a) references or rendered valid as an alternative to obtaining a crew member license from the State of Registry. Annex 1 to the Convention, which provides additional international crew member licensing standards, briefly addresses validation in Chapter 1, Paragraph 1.2.2. When a Contracting State [to the Convention] renders valid a license issued by another Contracting State, as an alternative to its own license, it shall establish validity by suitable authorization to be carried with the former license accepting it as the equivalent of the latter. ICAO Document 9379 is a supplemental guidance companion to Annex 1. Doc. 9379, Part II, Procedures, Paragraph 2.3.4 further refines the concept of validation: Subparagraph 2.3.4.2 provides: A validation cannot be used without the supporting license. The privileges of the validation are always conditional on the continuing validity of the supporting license Subparagraph 2.3.4.3 states: Each foreign license must be checked to assess whether a validation certificate can be issued. In other words, the State of Registry conducts a license validation review-it s not automatic. Attachment F to Chapter 2 of Doc. 9379 provides some examples of regulations and procedures for the validation of crew member licenses. Unfortunately, ICAO does not provide a comprehensive listing of all the requirements for validation. The specific procedures for license validation should 2
be requested from the State of Registry. The most important point to consider in this process is the importance of contacting the State of Registry to explore options. Ideally, this inquiry should be conducted prior to entering into an international aircraft lease. But it would also be advisable to obtain a basic knowledge of the options prior to contacting the State of Registry. There are two cases where validation is used. Validation of crew member licenses for international aircraft lease, charter or interchange is quite common. Validations in such cases are issued to a group of crew members for the duration of the lease. Expect a bill from the State of Registry for this service. In such cases the review by the State of Registry is usually limited to an examination of the following submissions: The crew member license to be validated by the State of Registry is required. Annex 1, Paragraph 1.2.2 requires confirmation of the validity of the license from the issuing State. The State of Registry will examine the certification of English Language proficiency included in the license. This certification is required for crew member licenses used in international operations. The minimum required English proficiency level is 4. The proficiency levels are explained in Annex 1, Attachment A. A medical certificate issued by the Contracting State that issued the license is also required. A Class 1 Medical Assessment is required for Commercial and Airline Transport Operations (Annex 1, 6.1.1). A crew member logbook or other documentation of the license holder s experience. The State of Registry may require flight experience in addition to the minimum required for the original license s issuance. A governmentally issued identification, such as a driver s license or passport, to document the identity and date of birth of the license holder. The other case is the validation of an individual license. Examples include flight instruction, aerial work and commuter and charter flights. In addition to the documentation listed above, the validating authority may require a knowledge (written) test and skill (flight) testing. Validations of this type are issued for a specific time period, usually 1 year. 3
Conversion Although the Convention and Annex 1 do not reference license conversion, it is described conceptually in Doc. 9379, Part 2, 2.3.3. States can also issue a national license based on a foreign license, thus accepting the fact that holding a license issued by another Contracting State is a way to demonstrate compliance with its own national licensing procedures. Unlike validation, conversion is only conducted on an individual basis. It requires an analysis of the regulations of the issuing State by the converting State. An agreement between the States involved is required. Several States in West Africa have such an arrangement. In some States the processes of validation and conversion are intermingled. License validation is issued for a period of 1 year. After that, the license holder applies for conversion. References These references can be obtained a www.icao.int/publications and then click on Shop Online. Convention on International Civil Aviation, Doc. 7300 Annex 1 to the Convention on International Civil Aviation-Personnel Licensing Manual of Procedures for Establishment and Management of a State s Personnel Licensing System, Doc. 9379 4