KEMENTERIAN PERHUBUNGAN DTRRKTORAT JENDERAL PERHUBUNGAN UDARA PERATURAN DIREKTUR JENDERAL PERHUBUNGAN UDARA NOMOR : KP 292 TAHUN 2017 TENTANG PETUNJUK TEKNIS BAGIAN 8900-3.2 (STAFF INSTRUCTION 8900-3.2) EXEMPTION, DEVIATIONS, WAIVERS AND AUTHORISATION DENGAN RAHMAT TUHAN YANG MAHA ESA DIREKTUR JENDERAL PERHUBUNGAN UDARA, Menimbang : a. bahwa dalam Peraturan Menteri Perhubungan Nomor PM 67 Tahun 2017 tentang Pengecualian Dari Kewajiban Pemenuhan Standar Keselamatan Penerbangan Sipil (Exemption) telah diatur dasar hukum dan prosedur penerbitan pengecualian dari kewajiban pemenuhan standar keselamatan penerbangan sipil (exemption); b. bahwa untuk melaksanakan ketentuan Pasal 26 Peraturan Menteri sebagaimana dimaksud dalam huruf a serta implementasi ketentuan exemption, deviations, waivers and authorization di Direktorat Kelaikudaraan dan Pengoperasian Pesawat Udara, perlu disusun petunjuk teknis; c, bahwa berdasarkan pertimbangan sebagaimana dimaksud dalam huruf a dan huruf b, perlu menetapkan Peraturan Direktur Jenderal Perhubungan Udara Tentang Petunjuk Teknis Bagian 8900-3.2 (Staff Instruction 8900-3.2) Exemption, Deviations, Waivers And Authorisation;
Mengingat 5. Undang-Undang Nomor 1 Tahun 2009 Penerbangan (Lembaran Negara tentang Republik Indonesia Tahun 2009 Nomor 1, Tambahan Lembaran Negara Republik Indonesia Nomor 4956); Peraturan Presiden Nomor 7 Tahun 2015 tentang Organisasi Kementerian Negara (Lembaran Negara Republik Indonesia Tahun 2015 Nomor 8); Peraturan Presiden Nomor 40 Tahun 2015 tentang Kementerian Perhubungan (Lembaran Negara Republik Indonesia Tahun 2015 Nomor 75); ( Peraturan Menteri Perhubungan Nomor PM 189 Tahun 2015 tentang Organisasi dan Tata Kerja Kementerian Perhubungan (Berita Negara Republik Indonesia Tahun 2015 Nomor 1844) sebagaimana telah beberapa kali diubah, terakhir dengan dengan Peraturan Menteri Perhubungan Nomor PM 44 Tahun 2017 tentang Perubahan Kedua atas Peraturan Menteri Perhubungan Nomor PM 189 Tahun 2015 tentang Organisasi dan Tata Kerja Kementerian Perhubungan (Berita Negara Republik Indonesia Tahun 2017 Nomor 816); Peraturan Menteri Perhubungan Nomor PM 67 Tahun 2017 tentang Pengecualian Dari Kewajiban Pemenuhan Standar Keselamatan Penerbangan Sipil (Exemption) (Berita Negara Republik Indonesia Tahun 2017 Nomor 1103); Menetapkan PERATURAN MEMUTUSKAN: DIREKTUR JENDERAL PERHUBUNGAN UDARA TENTANG PETUNJUK TEKNIS BAGIAN 8900-3.2 (STAFF INSTRUCTION 8900-3.2) EXEMPTION, DEVIATIONS, WAIVERS AND AUTHORISATION.
Pasal 1 Memberlakukan Peraturan Direktur Jenderal Perhubungan Udara Tentang Petunjuk Teknis Bagian 8900-3.2 [Staff Instruction 8900-3.2) Exemption, Deviations, Waivers And Authorisation sebagaimana tercantum dalam Lampiran yang merupakan bagian tak terpisahkan dan Peraturan Direktur Jenderal ini. Pasal 2 Direktur Jenderal Perhubungan Udara melakukan pengawasan terhadap pelaksanaan Peraturan ini. Pasal 3 Peraturan ini mulai berlaku sejak tanggal ditetapkan. Ditetapkan di Jakarta pada tanggal 11 Oktober 2017 DIREKTUR JENDERAL PERHUBUNGAN UDARA ttd. Dr. Ir. AGUS SANTOSO, M.Sc Uj > Sajipan sesuai aslinya ^PALA BAGIAN HUKUM /u, \ /ENDAH PURNAMA SARI t'embina / (IV/a) NIP. 19680704 199503 2 001
LAMPIRAN PERATURAN DIREKTUR JENDERAL PERHUBUNGAN UDARA ^ NOMOR :KP 292 TAHUN 2017 TANGGAL OKTOBER 2017 Staff Instruction SI 8900-3.2 Exemptions, Deviations, Waivers, And Authorizations Edition : 1 Amendment : Date : REPUBLIC OF INDONESIA - MINISTRY OF TRANSPORATIONS DIRECTORATE GENERAL OF CIVIL AVIATION JAKARTA - INDONESIA
AMENDMENT RECORD LIST Amendment No. Issue Date Inserted By- Insertion Date Edition 1
SUMMARY OF AMENDMENTS Amend Source/s Subject/s Approved ment No. Edition 1
FOREWORD 1. PURPOSE This Staff Instruction has been prepared to guide and assist all Directorate of Airworthiness and Aircraft Operation personnel, Directorate General of Civil Aviation, operators, or applicants dealing with DGCA, in properly discharging their responsibilities and efficiently accomplishing their assigned tasks. 2. REFERENCES This Staff Instruction should be used in accordance with the applicable regulations. 3. AMENDEMENT Amendment of this Staff Instruction shall be approved by the Director General of Civil Aviation. DIRECTOR GENERAL OF CIVIL AVIATION Signature. Ir. AGUS SANTOSO, M.Sc. Salinan sesuai aslinya KJiPALA BAGIAN HUKUM 'v/... V^NDAH PURNAMA SARI - - Pefhbina / (IV / a) NIP. 19680704 199503 2 001 Exemptions, Deviations, Waivers. And Authorizations 111
TABLE OF CONTENTS AMENDMENT RECORD LIST SUMMARY OF AMENDMENTS FOREWORD TABLE OF CONTENTS i ii iii iv I. GENERAL DESCRIPTION 6 1. Use Outside the Republic of Indonesia 6 2. Grants to Certificate Holder's 6 n. APPLICATIONS FOR EXEMPTION; 7 1. Who May Apply 7 2. Rules for Which Exemptions are Inappropriate 7 3. Supporting Information 7 III. CONTENT OF APPLICATION FOR EXEMPTION: 8 IV. TYPE OF EXEMPTION 8 V. PREPARATION AND SUBMISSION OF APPLICATION FOR STANDARD EXEMPTION. 8 VI. PREPARATION AND SUBMISSION OF APPLICATION FOR EXEMPTION DUE TO FORCE MAJEUR. 9 Vn. PROCESSING THE APPLICATION FOR EXEMPTION 10 1. Public Comment 10 2. Decision: 10 3. Conditions and Limitations 10 4. Extensions of Exemptions 10 VIIL DISTRIBUTION AND AVAILABILITY OF EXEMPTIONS 11 IX. AMENDMENT OF OPSPEC/TSPEC/ACL 11 X. APPLICATION FOR RECONSIDERATION 11 XI. PROCESSING AN APPLICATION FOR RECONSIDERATION 11 Xn. DEVIATIONS, WAIVERS, AND AUTHORIZATIONS 12 1. Deviation 12 2. Waiver 12 3. Authorization 12 Xm. WAIVERS AND AUTHORIZATIONS 13 1. The Assigned Inspector 13 2. Letter of Waiver or Authorization 13 XIV. DEVIATIONS 16 XV. DEVIATION TO PERFORM AN EMERGENCY OPERATION 16 Ebcemptions, Deviations, Waivers, And Authorizations iv
XVI. ADMISSION TO THE FLIGHT DECK GENERAL 16 XVn. ADMISSION TO FLIGHT DECK ALL-CARGO-CARRYING OPERATIONS 26 1. General Guidance 26 2. Verification 27 XVm. ISSUANCE OF AUTHORIZATION LETTER. (USE OF DAAO FORM 7711-1) 27 1. Personnel Authorized 27 XIX. VERIFICATION OF PERSONNEL FOR ACCESS TO THE FLIGHT DECK 28 1. Identity Verification Procedures for Other Part 121 Certificate Holders 29 XX. 2. Certificate Holder Procedures 29 3. Verification Requirements 29 PROCEDURES FOR OPENING, CLOSING, AND LOCKING FLIGHT DECK DOORS 1. Background 33 2. Certificate Holders* Procedures 34 3. POI Approval Process 35 XXI. FORM 37 Exemptions, Deviations, Waivers, And Authorizations
EXEMPTIONS, DEVIATIONS, WAIVERS, AND AUTHORIZATIONS I. GENERAL DESCRIPTION This section provides guidance for granting exemption, deviations, waivers, and authorizations by the Directorate General of Civil Aviation (DGCA). Certificate Holder's (Air Operator Certificate, Operating Certificate, Approved Maintenance Organization, Pilot School Certificate, Training Center Certificate, Approved Maintenance Training Organization, Type Certificate, Production Certificate and Design Organization Approval) may submit application to the Directorate General of Civil Aviation (DGCA) for relief from the requirements of a current regulation. The granting of an exemption is generally viewed as an alternative method of complying with a regulatory requirement. Exemptions are transmitted under PM 67 Year 2017. A grant of exemption and its specific conditions and limitations is a regulatory requirement. 1. Use Outside the Republic of Indonesia In accordance with PM 67 Year 2017, applicants that desire to use an exemption outside the Republic of Indonesia must specifically request this condition when submitting the application and must include the reason(s) why the applicant desires to use the exemption outside the Republic of Indonesia. If no reason is provided in the application, the DGCA will limit the exemption for use within the Republic of Indonesia, Before the DGCA grants an exemption for use outside the Republic of Indonesia, it must verify that the exemption would be in compliance with the International Civil Aviation Organization's (ICAO) International Standards and Recommended Practices (ISARP). If it would not be in compliance, but the DGCA still believes it would be in the public interest to allow the applicant to do so, the DGCA will file a difference with ICAO. However, a foreign country may still not allow a person to operate in that country without meeting the ICAO Standard. 2. Grants to Certificate Holder's Some exemptions have been granted to certificate holder's, instead of to an individual certificate holder, a. Expiration Date The exemption expiration date will not be changed when a certificate holder is added to the attachment. The current expiration date -will apply to that certificate holder. Exemptions, Deviations, Waivers, And Authorizations
b. DGCA Actions When a certificate holder requests use of a grant of exemption that has been issued to certificate holder's the DGCA must verify if the certificate holder is listed in the attachment to the grant of exemption. 1) Certificate Holder Listed in the Attachment. If the certificate holder is listed in the attachment, prior to approving use of the exemption, the DGCA must verify the certificate holder has the necessary policies and procedures to comply with the conditions and limitations stated in the exemption. The DGCA approves use of the exemption by amending operations specification (OpSpec)/training specification (TSpec). 2) Certificate Holder Not Listed in the Attachment. If the certificate holder is not listed in the attachment, the DGCA must notify the certificate holder that they must application the DGCA separately. The DGCA may not approve use of the exemption in OpSpec/TSpec if the certificate holder is not listed in the attachment to the grant of exemption. NOTE: Exemptions are being amended to include the attachment when each specific exemption is extended. Until an exemption is amended to include the attachment, a certificate holder may continue to use that exemption if approved by the DGCA in OpSpec/TSpec. Once the exemption has been amended to include the attachment, the DGCA must follow the above procedures. n. APPLICATIONS FOR EXEMPTION: PM 67 Year 2017 prescribes the procedures for filing a application for exemption from an existing rule. 1. Who May Apply. Certificate holder's may request relief from the requirements of a current regulation by submitting a application for exemption to the DGCA. 2. Rules for Which Exemptions are Inappropriate. Normally, the DGCA does not issue exemptions from rules for which deviation authority is specifically provided. 3. Supporting Information. The DGCA issues exemptions only upon a fmding that such action will Exemptions, Deviations, Waivers, And Authorizations 7
be in the public interest (i.e., how it would benefit the public as a whole). In providing the required supporting information, the applicant should give particular attention to the reason why granting the request will be in the public interest. m. CONTENT OF APPLICATION FOR EXEMPTION: PM 67 Year 2017 specifies the information that must be included in the application for exemption. Each application for an exemption must contain the following: a. The applicant's name, mailing address, and other contact information; b. The specific section or sections of the regulation from which exemption is sought; c. The nature and extent of the requested regulatory relief and reasons for requesting the relief; d. The reasons why a grant of exemption would be in the public interest and would benefit the public as a whole; e. The reason(s) why a grant of exemption would not adversely affect public safety or how the exemption would provide a level of safety at least equal to that provided by the rule from which the exemption is sought (risk assessment, risk mitigation and acceptable level of safety (as stated in Article 8 paragraph 2 (c) PM 67 Th. 2017)); f. Any additional information, views, or arguments to support the action sought; and g. If the applicant wishes to exercise the privileges of the exemption outside the Republic of Indonesia, the applicant must show whether the exemption is contrary to the standard and practice of the ICAO SARPs. IV. TYPE OF EXEMPTION PM 67 Year 2017 in the Article 4 mention that exemption shall consist of: a. Standard exemption; b. Exemption due to force majeiore. Ebiemptions, Deviations, Waivers, And Authorizations 8
V. PREPARATION AND SUBMISSION OF APPLICATION FOR STANDARD EXEMPTION. Each application should be submitted to the DGCA at least 60 days before the proposed effective date of the requested exemption. PM 67 Year 2017 Chapter II Article 5 up to Article 16 specifies how and to whom the application for exemption may be submitted. Applicants should give serious consideration the information that specifies on the Paragraph III of this SI for an exemption and submit it to DGCA, before the application is written to preclude frivolous or ill-prepared applications, which will be rejected. Applications are frequently rejected because the applicant failed to identify and explain the reasons why a grant of exemption would be in the public interest. The applicant's interest is not necessarily considered to be in the public interest. A applicant's statement that a grant of exemption would be in the public interest because it would reduce the applicant's operating costs is not an acceptable reason and will result in DGCA rejection of the application. Each application for exemption should be well conceived and in writing. VI. PREPARATION AND SUBMISSION OF APPLICATION FOR EXEMPTION DUE TO FORCE MAJEUR. Each application for exemption due to force majeure may be submitted to the DGCA via telephone, e-mail, SMS (short message service) or other communication method soonest. PM 67 Year 2017 Chapter III Article 17 up to Article 19 specifies how and to whom the application for exemption due to force majeure may be submitted. The force majeure condition includes war, civil unrest, earthquakes, floods, fires and other natural disasters beyond human capabilities. Vn. PROCESSING THE APPLICATION FOR EXEMPTION. During processing, it is imperative that DGCA personnel with knowledge of the application do not discuss the DGCA's decision until the decision document has been signed. Exemptions, Deviations, Waivers, And Authorizations
1. Public Comment: A summaiy of each application for exemption is normally published in the DGCA website, and the public may submit comments to the DGCA website. 2. Decision: After the public comment period closes, the DGCA action office considers all comments received and decides whether to accept or deny the application. The decision document is then prepared, coordinated, signed, and mailed to the applicant. 3. Conditions and Limitations A grant of exemption normally contains conditions and limitations applicable to the grantee and will include an expiration date. Validity of exemptions as follow: a) For the standard exemption attached to the certificate that has a validity period, the validity of such standard exemption shall remain the longest validity period of the certificate. b) For the standard exemption attached to the validity certificate as long as it is in operation, shall not exceed 3 (three) years from the date of entry into force. c) For the exemption due to force majeure shall not exceed 12 (twelve) months from the date of entry into force. However, some may be valid for only a few months. The timeframe to which an exemption applies may vary based on the specific circumstances related to that exemption. 4. Extensions of Exemptions If an extension of an exemption is desired, it is recommended that a grantee submit a application for extension at least 120 days before the exemption is set to expire. Vm. DISTRIBUTION AND AVAILABILITY OF EXEMPTIONS Each decision document is placed in the archives of the Directorate of Airworthiness and Aircraft Operation database and is uploaded to the DGCA website fwww.hubud.denhub. go.idl. Exemptions, Deviations, Waivers, And Autiiorizations 10
DC. AMENDMENT OF OPSPEC/TSPEC/ACL SI 8900-3.2 Operation Specifications (OPSPECS) / Training Specification (TRAINSPECS) / Authorization, Condition and Limitation (ACL) for a certificate holder that is granted an exemption must be amended to show that the certificate holder is authorized to use the exemption in conducting operations. X. APPLICATION FOR RECONSIDERATION In accordance with PM 67 Year 2017 article 15, an applicant who is denied an standard exemption may application the DGCA for reconsideration within 60 days after being notified of the denial of exemption. Additionally, the applicantis request for reconsideration of its application must be based on the existence of one or more of the following. Corrective action of DGCA findings has been developed; That there is a significant additional fact relevant to the decision that was not presented in the initial application for exemption and the reason why it was not presented in the initial application; Legal considerations that corroborate the applicant to the legislation of aviation including ICAO requirements; That the DGCA made an important factual error in the denial of the original application; or That the DGCA did not correctly interpret a law, regulation, or precedent. XI. PROCESSING AN APPLICATION FOR RECONSIDERATION. A summary of a application for reconsideration of a grant or denial of exemption may be published in the DGCA website with a reasonable period for public comment. Regardless of publication in the DGCA website, the DGCA action office prepares and coordinates the decision document. If a grant or partial grant of exemption is issued, the document is signed by the Director General (DG). If a denial of application for reconsideration is prepared and coordinated, the Director General (DG) signs the decision document. Copies of the grant, partial grant, or denial of application for reconsideration are mailed to the applicant and placed in archives and the DGCA database and DGCA website as previously discussed. Exemptions, Deviations, Waivers, And Authorizations 11
XII. DEVIATIONS, WAIVERS, AND AUTHORIZATIONS SI 8900-3.2 Certain CASR sections allow the Administrator to authorize a deviation through the issuance of a Certificate of Waiver, Certificate of Authorization, or OpSpecs//TSpecs/ACL. This authorization permits a person to deviate from a specific regulation or to comply with special alternative provisions, conditions, or limitations. This regulatoiy flexibility is only available to the DGCA when the specific regulatoiy section stipulates that it is available. There are three options available, which are referred to as follows: 1. Deviation. When a regulatoiy section contains phrases such as "unless otherwise authorized by the Director," "the Director may," "if the Director finds," "the Director may authorize," "the Director allows a deviation," "notwithstanding the Director may issue operations specifications," or other similar wording, the regulatory flexibility is referred to as a deviation. 2. Waiver. When the regulatory section contains phrases such as "the Director may issue a certificate of waiver," "in accordance with the terms of a certificate of waiver issued by the Director," or other similar wording, the regulatoiy flexibility is referred to as a waiver. 3. Authorization. When the regulatory section contains words such as "in violation of the terms of an authorization issued under this section," "unless a certificate of authorization," or other similar wording, the regulatory flexibility is referred to as an authorization. NOTE: If the specific regulatory section does not stipulate that a deviation, waiver, or authorization may be granted or issued, compliance unth the regulation is mandatory. In these cases, the only method of obtaining relief from the regulation is through the exemption process. Exemptions, Deviations, Waivers, And Authorizations 12
xm. WAIVERS AND AUTHORIZATIONS When a regulatoiy section stipulates that a waiver or authorization is permitted, a person may apply for a Letter of Waiver or a Authorization. DAAO Form 11-01, Application must be prepared and signed by the applicant and delivered or mailed to the appropriate DGCA Office for processing (see Figure 3-2, Application for Waiver or Authorization, for an example of DAAO Form 11-01. 1. The Assigned Inspector. The application must be processed in a timely manner. The assigned inspector must review the application, obtain appropriate additional information from the applicant, if necessary, and determine whether the applicant has provided adequate justification for a waiver or authorization. The inspector must also determine whether the applicant will provide an equivalent level of public safety during the conduct of any operation under a Certificate of Waiver or Authorization. If the application is denied, the reasons for denial must be specified in a letter to the applicant. If the waiver or authorization is granted, the inspector must prepare DAAO Form 11-01). The completed Certificate of Waiver or Authorization, dated and signed by the responsible DGCA Director, will be mailed or delivered to the applicant. A copy of the application for a Letter of Waiver or Authorization, both front and back, and a copy of the completed Letter of Waiver or Authorization must be retained in the files of the issuing office. 2. Letter of Waiver or Authorization. A Letter of Waiver or Authorization will be issued upon completion of evaluation by assigned inspector. Exemptions, Deviations, Waivers, And Authorizations 13
Figure 3-2. Application for Waiver or Authorization Form Approved mssm APPLICANTS - DO NOT USE THIS SPACES Place Date Approved Dissaproved MINISTRY OF TRANSPORTATION Directorate General of Civil Aviation Directorate of Airworthiness and Aircraft Operations Signatxire of authorized DGCA responsible Explain tmder "remarvft' APPLICATION FOR WAIVER OR AUTHORIZATION 1. Name of organization 2. Name of responsible person S.Pennanent mailing address House number and street or route number City State and ZIP Code Telephone No. 4. State whether the applicant or any of its principal ofiicers/owners has an application for waiver pending at DGCA 5. State whether the applicant or any of its principal officers owners has ever had its application for waiver denied, or whether the DGCA has over withdrawn a waiver from the applicant or any of its principal officers/owners 6. CASR Part and number to be waived 7. Detailed description of proposed operation (attach, supplement, it needed] 8. Area of operation (Location, altitudes,etc) 9a. Beginning (Date and hour) b. Ending (Date and hour) 10. Aircraft make and Plot's Certificate number and Home address model (a) Name (b) rating (c) (street, city, states) (d) DAAO FORM 11-01 Exemptions, Deviations, Waivers, And Authorizations 14
Figure 3-2. Application for Waiver or Authorization (Continued) ^ ITEMS 11 THROUGH 16TOBEFniEDOUTFORAlRSHOW/AlRRACE WAIVER REQUESTS ONLY 11. The air event will be sponsored by: 12. Permanent mailing address House number and street or route number City State and ZIP code Telephone No. 13. Policing (Describe provision to be made for policing the event) 14. Emergency facilities (Mark all that will be available at time and place of air event) 15. Ait Traffic control (Describe method of controlling traffic, including provision for arrival and departure of scheduled aircraft) 16. Schedule of events (include arrival and departure of scheduled aircraft and other periods the airport maybe open) Hou r (a) Dat e(b) Even t(c) If sufficient space is not available, the entire schedule of events may be submitted on separate sheets, in the order and manner indicated above Please Read The undersigned applicant accepts full responsibility for the strict observance of the terms of the Letter of waiver or authorization, and understands that the authorization conitaned in such certificate will be strictly limited to the above described r\r^n 17. Certification -1 CERTIFY that the foregoing statements are true Date Signature of Applicant Remarks DAAO FORM 11-01 ^emptions, Deviations, Waivers, And Authorizations 15
XIV. DEVIATIONS When a regulatory section stipulates that a deviation is permitted, a person may apply for a deviation. Deviations may be granted and issued to operators conducting operations under part 121, 129, 135, 91, training organization imder part 141, 142, 147, approved maintenance organization under part 145, design organization approval under part 21, production certificate and type certificate holder. To apply for a deviation, an applicant must submit a specific request to the DGCA. The application must be made by a letter that identifies the specific regulatoiy sections from which a deviation is requested. The letter and attachments, if appropriate, must contain the specific reasons the deviation is requested, information to show that an equivalent level of safety will be maintained, and any other information that the DGCA may require. Unless otherwise specified by this SI, deviations requested by operators conducting operations imder parts 121, 129 and 135 must be authorized for use by OpSpecs, operation under part 91 must be authorized for use by special ACL. Part 141, 142 and 147 training centers must be authorized to use deviations by TSpecs, approval under 21 must be authorized to use by appropriate standard. Approval, denial, and reconsideration procedures for processing deviation requests must be the same as the procedures for processing, issuing, or amending OpSpecs/TSpecs/ACL. XV. DEVIATION TO PERFORM AN EMERGENCY OPERATION Emergency Operations CASR 91 subpart J specifies requirements for obtaining deviation authority. The term "emergency operation" means an immediate but temporary action to prevent or reduce the loss of life or property when an unanticipated threat to life or property occurs. Operations under a long-term contract to provide certain types of protection (such as rescue, firefighting, or security) to the public cannot be classified as an unanticipated, temporary action. An "emergency operation" is not related to the pilot-in-command (PIC) responsibility and authority (emergency authority) provided in 91,3, Exemptions, Deviations, Waivers, And Authorizations 16
XVI. ADMISSION TO THE FLIGHT DECK GENERAL The general purpose of CASR part 121 and 135 is to set forth who may be admitted to the flight deck of any aircraft used in CASR part 121 and part 135 operations. Section 121.547 and 135.547 apply to all part 121 and part 135 operators and are admission to the flight deck requirements. The DGCA must be judicious when determining which persons qualify for flight deck access. Individuals seeking access to the flight deck must also meet certain physical, cognitive, and language capabilities. 1. Authorized Access. Under CASR part 121.547, those who mayaccess the flight deck include: a. A crewmember. b. An DGCA aviation safety inspector (ASI)( KP 272 year 2015 ) who is performing.official duty. c. An authorized representative of the National Transportation Safety Commission (NTSC). d. Those individuals who are authorized by all of the following: 1) The PIC. The PIC must follow the approved company processes and procedures described in the company manual. Note: CASR part 91.3, 121.547 and 135.547 provide the PIC with final authority regarding the operation of the aircraft and, as such, may exclude any person from the flight deck in the interest of safety. 2) An appropriate management official of the CASR part 121 and 135 certificate holder. The management official must follow the approved company processes and procedures. 3) The DGCA. The DGCA may delegate this authority to principal operations inspectors (POI) as specified in Table 3-0, Compliance Table: Admission to Flight Deck. The Administrator approves access to the flight deck by either: a) Issuing Tabel 3-0, Admission to Flight Deck. b) Reviewing the AOC*s manuals (to determine that the AOC(s)'s procedures are not contraiy to CASR part c) 121.547 and part 135.547). Exemptions, Deviations, Waivers, And Authorizations 17
2. Assessing Unauthorized Personnel, See Table 3-0 and subparagraph XVII 1(d) (i) and (ii) for additional guidance in assessing whether an individual is authorized access to the flight deck. Table 3-0 also contains guidance regarding CASR part 121.547 and 135.547 (seat availability requirements in the passenger compartment). 3. Further Restrictions. Table 3-0 summarizes CASR part 121.547 and 135.547. Personnel Directorate of Aviation Security may further restrict access to the flight deck. Included in the.table are examples of personnel who may be authorized for flight deck access. The table applies to both passenger and cargo operations. Exemptions, Deviations, Waivers, And Authorizations 18
Table 3-0. Compliance Table: Admission to Flight Deck NOTE: Directorate ofaviation Security personnel may further restrict access to the flight deck. Authorization Seat in Authorized Position(s) Applicable Regulation Circumstances (Whom the Administrator is Allowing) Back Required Security Information ID, Form, or Other Crewmember CASR part 121.547(a)(l ) and part 135.547(a)(1) Crewmembers assigned duties on that flight (flight crew member, check airman, cabin crew member). NOTE: This does not include deadheading or off-duly flight crew personnel. NO Certificate holder's verification process and procedures in accordance with the manuals required by CASR part 121.135 and part 135. Exemptions, Deviations, Waivers, And Authorizations 19
1) DGCA ASI CASR part 121.547(a)(2 ), part 135.547(a)(2), part 121.548 85 part 135.551 NOTE: CASR 121.547(a)(2) & 135.547(a)(2) does not limit the emergency authority of the PIC to exclude any person from the flight deck in the interest of safety. 1) Safety-related duties as required by CASR who is checking or observing flight operations. NO CASR part 121.547(c)( 1) 85 135.547(c) 1) SI 8900-3.2 1) ID (DGCA Inspector); DGCA ASI also provides DGCA assignment letter for enroute inspections to air carrier personnel. 2) NTSC Investigator 2) Performing official duties. NO CASR 121. 547(c)(1) 85 135.547 2) NTSC ID Card (NTSC Investigator) and NTSC Assignment letter. 3) Directorate of Air Transport for Commercial Air Carrier Evaluation CASR part 121.547(a)(2 ), 135.547(a)(2), 121.548 85 135.551 3) Checking or observing flight operations. NO CASR 121.547(c)( 1) 3) ID (DGCA Inspector); DGCA ASI also provides DGCA assignment letter and must have a seat available in the passenger compartment. Exemptions, Deviations, Waivers, And Authorizations 20
Authorization Seat in Autiiorized Position(s) Applicable Regulation Circximstances (Whom the Administrator is Allowing) Back Required Security Information ID, Form, or Other An employee of The Indonesian Government, Certificate Holder's or an aeronautical enterprise CASR part 121.547(a)(3 ) 85 135.547(a)(3) Must have the permission of all 3: a) PIC. b) An appropriate management official of the part 121 and 135 certificate holder. c) DGCA. YES a) PIC must follow company policies and procedures in accordance with CASR part 121.135 85 135.135. b) Management official must follow company policies and procedures in accordance with the manual required by CASR part 121.135 85 135.135. c) ) The Director may delegate this authority to the POL Exemptions, Deviations, Waivers, And Authorizations 21
Authorization Seat in Authorized Position(s) Applicable Regulation Circumstances (Whom the Administrator is Allowing) Back Required Security Information ID, Form, or Other Republic of Indonesia Air Traffic Controller (ATC) CASR part 121.547(C)( 2) When authorized by the Director to observe ATC procedures. NO CASR part 121.54 7(c)(2) DGCA assignment letter and AirNav Indonesia ID (Perum LPPNPI). An employee of a part 121 and part 135 certificate holder whose duties are such that admission to the flight deck is necessary or advantageous for safe operations CASR part 121.547(c)(3 )(4)(5) and 135.547(a)(3) Individuals employed by the certificate holder conducting the flight and eligible under this section include: a) Non-operating pilots. b) Other personnel authorized by CASR to observe flight operations. c) Persons whose duty is directly related to the conduct or planning of flight operations or in-flight monitoring of aircraft equipment or operating procedures, if their presence on the flight deck is necessary to perform their NO CASR part 121.54 7(c)(3)(4)(5) and 135.54 7(a)(3) Certificate holder^s verification process and procedures in accordance with the manual required by CASR part 121.135 and 135.135. NOTE: Employees of certificate holder's not directly related to flight operations is prohibited. Exemptions, Deviations, Waivers, And Authorizations 22
Authorization Seat in Authorized Position(s) Applicable Regulation Circumstances (Whom the Administrator is Allowing) Back Required Security Information ID, Form, or Other duties and have been authorized in writing by a responsible supervisor listed in the operator's manual as having that authority (e.g., certificated dispatchers, flight followers, simulator instructors, on-duty mechanics, and, for all-cargo operations, animal handler(s), hazardous material handler(s), those responsible for cargo security, cargo handler(s) necessary for the loading and unloading, or testing/evaluating, of cargo/cargo containers or loading equipment). d) Individuals employed by another part 121 certificate holder whose duties with that part 121 certificate holder require an Airman Certificate and who is authorized by the NO CASR part 121.54 7(c)(4) Certificate holder's verification process and procedures in accordance with the manual required by CASR part 121.135, Exemptions, Deviations, Waivers, And Authorizations 23
Authorization Seat in Authorized Position(s) Applicable Regulation Circumstances (Whom the Administrator is Allowing) Back Required Security Information ID, Form, or Other part 121 certificate holder operating the aircraft to make specific trips over a route. An employee of an aeronautical enterprise certificated by the Director and whose duties are such that admission to the flight deck is necessary or advantageous for safe operations. CASR part 121.547(a)(3 ) 8g 135.547(a)(3) A technical representative of the manufacturer of the aircraft or its components whose duties are directly related to the in-flight monitoring of aircraft equipment or operating procedures, if his presence on the flight deck is necessaiy to perform his duties, and he has been authorized in writing by the Director and by a responsible supervisor of the operations department certificate holder, listed in the Operations Manual as having that authority. The phrase "necessary or advantageous for safe operation" must be strictly NO CASR 121 547(c)(6) Certificate holder's verification process and procedures in accordance with the manual required by CASR part 121.135 and 135.135. NOTE: This does not include clerical, administrative, or management employees who are not directly involved with the safe operation of the aircraft. Exemptions, Deviations, Waivers, And Authorizations 24
Authorization Seat in Authorized Position(s) Applicable Regulation Circumstances (Whom the Administrator is Allowing) Back Required Security Information ID, Form, or Other and narrowly interpreted. Examples that meet the intent of the rule might include: CASR part 121.547(a)(3) a) Repair station (part 145) individuals whose duties are directly related to the in-flight monitoring of aircraft equipment. NO CASR part 121.547(c)( 3) a) Certificate holder's verification process and procedures in accordance with the manual required by CASR part 121.135. An employee of an aeronautical enterprise certificated by the Director and CASR part 121.547(a)(3) b)part 142 training center instructors as required by CASR part 142.53. YES b) Certificate holder's verification process and procedures in accordance with the manuals required by CASR part 121.135. whose duties are such that admission to the flight deck is necessaiy or advantageous for safe operations CASR part 121.547(a)(3) c) The holder of a production certificate (part 21) or type certificate: test pilots, flight test engineers, technical representatives when assigned responsibilities for monitoring NO CASR part 121.547(c)( 6) c) Certificate holder's verification process and procedures in accordance with the manual required by CASR part 121.135. Exemptions, Deviations, Waivers, And Authorizations 25
Authorization Seat in Authorized Position(s) Applicable Regulation Circumstances (Whom the Administrator is Allowing) Back Required Security Information ID, Form, or Other equipment or evaluating procedures. Any person who has the permission of the PIC, and an appropriate management CASK part 121.547(a)(4 ) Any person who, in the judgment of the Director, has an operational need for a particular flight. This provision will be strictly and narrowly interpreted. YES issues DGCA letter unless otherwise delegated to the POL official of the part 121 certificate holder and the DGCA Exemptions, Deviations, Waivers, And Authorizations 26
XVn. ADMISSION TO FLIGHT DECK ALL-CARGO-CARRYING OPERATIONS 1. General Guidance a. CASR part 121.3130)(2) mandates that all cargo airplanes that had a flight deck door installed on or after January 15, 2002, must meet the requirements of CASR part 25.795 by October 1, 2003, or the operator must implement an approved security program for the operation of all airplanes in that operator's fleet. b. CASR part 25.795 specifies the necessary structural strength and integrity of flight deck doors. Flight deck doors meeting this regulation standard are referred to as Phase II doors. For purposes of this policy, any door not meeting CASR part 25.795 requirements, or airplanes with no door installed, are considered non-phase II doors. c. A certificate holder that operates only airplanes with Phase 11 doors is not required to have a specifically approved security program under CASR part 121,313(j)(2). For those airplanes affected by CASR part 121.313(j)(2), without an approved security program, however, if the Phase 11 door's primaiy and secondary locking system should become inoperative, no persons can be carried, other than flightcrew and those personnel outlined in subparagraphs XVll 1(d) (i) and (ii). d. All certificate holders who operate any airplane with a non-phase 11 door may continue to carry those personnel specified in subparagraphs XVII 1(d)(i) and (ii). These persons should be listed in the manual required by CASR part 121.133; i Those persons necessary for the safety of flight: animal handler(s), hazardous material (hazmat) handler(s), and those responsible for cargo security (valuable, confidential, fragile, and perishable). These persons must have their
employer- issued photo ID. SI 8900-3.2 i Cargo handler(s) necessary for the loading and unloading, or testing/evaluating, of cargo/cargo containers or loading equipment. These individuals must have their employer-issued photo ID. 2. Verification. The persons identified in subparagraph XVII-1 are subject to the certificate holder's flight deck access verification procedures. In summary, persons aboard an all-cargo carrying aircraft will qualify under CASR part 121.547 ad 135.547 (access to the flight deck). XVm. ISSUANCE OF AUTHORIZATION LETTER. 1. Personnel Authorized. Individuals authorized issuance (See Table 3-0). a. DGCA Personnel. Requests for admission to an air carrier flight deck by DGCA. b. Other-Than-DGCA Personnel. CASR part 121.547 and 135.547 governs requests by individuals other than DGCA personnel for adniission to the flight deck and should be submitted to the operator concerned. When issuing authorization, the DGCA must determine that all required information is complete and that the request is appropriately justified. c. Restrictions. Issuance of Authorization for admission to the flight deck must be restricted to key officials of airlines and DGCA personnel or
DGCA-associated personnel, and must be limited to a specific flight or series of flights or a period of time determined by Director General. CASR part 121.547(c)(6) contains special provisions for authorizing flight deck access without a seat in the cabin for certain technical representatives of the manufacturer of the aircraft or its components, whose presence on the flight deck is necessaiy to perform the duties of monitoring the aircraft equipment or operating procedures. In this case, written authorization from the operator is required and the DGCA must issue letter of authorization. The validity period will be determined by Director General. d. Removal of Authorization. Upon evidence of abuse of Letter of Authorization, the issuing authority may cancel the authorization. XDC VERIFICATION OF PERSONNEL FOR ACCESS TO THE FLIGHT DECK 1. Identity Verification Procedures for Other Part 121 Certificate Holders. ACL A.05 "Exemption and Deviation" is available for those part 121 and part 135 operators that seek authorization for access to the flight deck jump seat in accordance with CASR part 121.547 and 135.547 for individuals not employed by the certificate holder granting access. Required DGCA authorization for employees of part 121 and 135 certificate holders to access the flight deck (jump seat) of other part 121 and 135 certificate holders will be granted in accordance with CASR part 121.547 and 135.547 through the approval of these procedures as incorporated in the certificate holder's manual that is required by CASR part 121.133 and 135.133 and the issuance of ACL A05.
2. Certificate Holder Procedures. Certificate holder procedures for accessing the flight deck jump seat must include verification of identity, emplojmient status, and jump seat eligibility at gate check-in. Four verification methods are described in subparagraph X1X(4). Each method contains unique procedures. All methods must include the following items: a. The individual requesting access must have an employee photo ID card issued by their employer. b. The company official granting access will complete the company authorization procedures contained in their manual required by CASR part 121.133 and 135.133 to include the verification method. c. Verification must include the requester's name, employee number, and flight deck Qump seat) access eligibility. 3. Verification Requirements. Regardless of which system(s) the certificate holder intends to use, the information outlined below must be provided through procedures contained in the certificate holder's manual required by CASR part 121.133 and 135.133, Conventional Systems (Email, Fax, and/or Telephone) as follows: i. The holder of ACL A05 must list each part 121 and 135 certificate holder with which jump seat agreements are in place and contact numbers and/or email addresses that will be used to verify a requester's information at time of check-in, in their manual required by CASR part 121.133 and 135.133. ii. DGCA will confirm eligibility by contacting one of the following that has access to the required data: Dispatch/system operational control; Human resources; Crew scheduling; or Other database verification sources approved by the Administrator.
iii. SI 8900-3.2 DGCA must include a verification number or name of person who verified emplo3mient and eligibility of the requester to access the flight deck on the letter of authorization. Fax or email is acceptable as an alternate method of verification, provided the message contains the required information. The systems must operate using methods and procedures approved through the issuance of ACL AOS. At a minimum, the procedures and provisions must provide for: 1) Establishing currency and accuracy of employee records through an initial audit before the issuance of ACL AOS. 2) Performing annual audits of employee records to ensure accountability for all issued identification cards and currency and accuracy of employee records contained in the database. Note: The Director of Operations (DO) is responsible to ensure accurate and timely completion of all required record audits. iv. Real-time availability to the issuing authority for use in verification of required data at check-in. v. Including full name, employee number, flight deck (jump seat) access eligibility for the person making the request. vi. Loss of employee identification. 4. Identity and Eligibility Verification Methods. The following guidance is to be addressed in operators' procedures in verifying an individual's identity and jump seat eligibility. Methods are arranged by type of operation. a. Method 1: Passenger-Carrying Operations Employees of the Part 121 Certificated Air Carrier, Wholly Owned Domestic Subsidiaries, or Domestic Code-Share Partners. Certificate holder procedures for accessing the flight deck (jump seat) must include verification of identity, emplo5mient status, and jump seat
eligibility at gate check- in using the procedures outlined in subparagraph XIX. b. Method 2: All Operations Eligible Employees of Other Part 121 Certificated Air Carriers. Certificate holder procedures for accessing the flight deck (jump seat) must include verification of identity, employment status, and jump seat eligibility at gate check-in using the procedures outlined in subparagraph XIX and as follows: i Additional items for noncompany flight crew members accessing the flight deck: 1. Current medical certificate if the requester serves as a flight crew member for his or her employer. 2. Appropriate License. i Flight deck access by noncompany employees must also be authorized by the issuance of ACL AOS. c. Method 3: All-Cargo-Canying Operations Employees of the Part 121 Certificated Air Carrier, Wholly Owned Domestic Subsidiaries, or Domestic Code-Share Partners. Certificate holder procedures for accessing the flight deck (jump seat) must include verification of identity, emplo5ment status, and jump seat eligibility at gate check- in using the procedures outlined in subparagraph XX-4 (b). d. Method 4: All-Cargo-Canying Operations Non-Crewmembers of the Part 121 Certificated Air Carrier. L Certificate holder procedures for accessing the flight deck (jump seat) must include verification of identity, employment status, and jump seat eligibility at gate check-in using the procedures outlined in subparagraph XX-6(b). i All persons being transported in the aircraft must be screened and have their accessible property searched before entering the aircraft: 1) Pat down or hand-held metal detector for an individual.
2) Physical inspection of property, SI 8900-3.2 XX. PROCEDURES FOR OPENING, CLOSING, AND LOCKING FLIGHT DECK DOORS 1. Background a. On September 12, 2014, CASR part 25.772 was amended to require an emergency means to enable a flight attendant (F/A) to enter the flight deck should the flightcrew become incapacitated. This change applies to airplanes that are newly certificated under part 25 and was not retroactive to existing airplanes. The operational requirements found in CASR part 121.313 were also required each operator to establish methods that enable an F/A to enter the flight deck in the event that a flightcrew member becomes incapacitated. As with CASR part 25.772(c), these methods are intended for use under emergency conditions and not for routine access to the flight deck. As such, aircraft electronic ke)q5ads or electronic pushbuttons installed in the cabin must be used only in emergency situations. (The only time the crew may use the emergency flight deck access procedure during normal operations is when the aircraft is on the ground, the flight deck door is closed and locked, and the flight deck is unoccupied.) Additionally, CASR part 121.313(g) states, in part, "...no person other than a person who is assigned to perform duty on the flight deck may have a key to the flight deck door." Therefore, any keys in the possession of cabin crewmembers that are used for opening bins or containers in the cabin cannot be capable of unlocking the flight deck door.
b. Unless an air carrier has DGCA-approved procedures under CASR part 121.587(b), the flight deck door must remain closed during flight time. In order to operate the flight deck door during flight time and permit flight deck access by persons authorized in accordance with CASR part 121.547, part 121 certificate holders must develop and use DGCA-approved procedures regarding the opening, closing, and locking of the flight deck door. These DGCA-approved procedures should be included in the operators* operations and F/A manuals. Additionally, CASR part 121.313 requires any associated signal or identity confirmation system to be easily detectable and operable by each flightcrew member from his or her duty station. To meet security needs of accomplishing an audio and visual identification, one person on the flight deck is required to visually identify the person seeking access through the viewing port or device. viewing 2. Certificate Holders* Procedures. Certificate holders' procedures must include at least the following: a. Normal procedures for opening flightcrew compartment doors, to include: L Who is authorized to have access to the flight deck. a How a crewmember verifies the identity of a person requesting access to the flight deck. This process must include a positive means for flightcrew members to identify persons requesting entiy to the flight deck and to detect suspicious behavior or a potential threat before unlocking the flight deck door. To meet security needs of accomplishing an audio and visual identification, one person on the flight deck is required to identify visually the person seeking access through the viewing port or viewing device.
ii How flight deck door keypad access codes are disseminated (e.g., flight deck door keypad access codes may be disseminated through the certificate holder*s normal manual process). iv. F/A procedures to verify that there are no passengers in any forward lavatoiy, and that no passengers are standing in the area surrounding the flight deck door. V. F/A procedures for blocking the passenger aisle when the flight deck door is opened. vl Procedures to ensure two persons are always on the flight deck. For two-person flightcrews, this means when one flightcrew member leaves the flight deck, another individual that is qualified in accordance with CASR part 121.547(a)(1)- (3), such as an F/A, must be present to lock the door and remain on the flight deck until the flightcrew member returns to his or her station, b. Emergency electronic keypad or emergency pushbutton procedures, to include: L Events requiring the use of emergency procedures (e.g., pilot alerts). i Determining when the flightcrew is, or is suspected of being, incapacitated, or there is no response from the flight deck, iil Keeping the flight deck door locked lontil an audio and visual verification of the person requesting entiy is made, iv. How to determine whether a person requesting access is under duress. V. How to determine when the flight deck door locking system may be taken out of the deny access position, vi. Flight deck crew procedures to follow when an electronic kej^ad or pushbutton is being used to gain unauthorized access to the flight deck.
vi SI 8900-3.2 When the flightcrew must take immediate action to deny access to the flight deck, c. Crewmember training programs should include these procedures, associated crewmember duties and responsibilities, crew coordination, and emergency situation training modules in appropriate curriculum segments. 3, POI Approval Process. To comply with CASR part 121.587(b)(2), POls are to review and approve their assigned certificate holders' procedures in accordance with the current approval process found in this order and the guidance provided in this paragraph. XXI. FORM DAAO FORM 11-01 Applications For Waiver, and Authorization DIRECTOR GENERAL OF CIVIL AVIATION ttd. Ir. AGUS SANTOSO, M.Sc Salipan sesuai aslinya KEPALA BAGIAN HUKUM * V 9^^.:^NDAH PljRNAMA SARI -T*ehibina / (IV/a) NIP. 19680704 199503 2 001