SARPs by ICAO
other
SARPs by ICAO

SARPs by ICAO

The provisions of the Chicago Convention and SARPs set common to all of the duties and obligations which define the scope of responsibility of the state in civil aviation, as well as the necessary conditions for the fulfillment of obligations and commitments by the state.

Read all about ICAO

These conditions are: an acceptable level of uniformity of practice and procedures of Civil Aviation Authorities (Civil Aviation Authorities - CAA) in regulating the activities of the GA, which will be sufficient for compatibility and effective interaction of states at the international level; formation of a system of responsibility in state regulation of GA.

As observations relevant for the following discussion, we note that the regulation - is a type of management, the purpose of which is to ensure proximity to the current values ​​of one or more characteristics (coordinates) of the control object to their specified values ​​5371. In connection with this regulation involves at least the regulation:

  • the composition of the mandatory characteristics of the object of regulation;

  • normative values ​​(boundary or interval) of these characteristics, and, if necessary, requirements and (or) conditions of functioning (activity) of the controlled system ensuring the normative values ​​of characteristics;

  • acceptable ways to ensure compliance with standard values.

To ensure that the activities of the International Civil Aviation and to create conditions for the improvement of the activity of the State signatory to the Chicago Convention, assume the following general duties and responsibilities:

  • implement SARPs through the adoption of systems of national Aviation Regulations and ensure their implementation (Article 33 and 37 the Chicago Convention);

  • establish a system of responsibility for the regulation of all activities in the field of Civil Aviation (Chicago Convention, Article 12);

  • to cooperate with other countries on all issues relating to uniformity in the application of SARPs (Article 12 and 37 the Chicago Convention).

The introduction of SARPs aimed at achieving sustainable (in relation to the international scale review of the HA) level of unification and harmonization of applicable rules, regulations and procedures to ensure the necessary and acceptable to the States signatories to the Chicago Convention, the uniformity of procedures and practices of state regulation of activity of GA.

To take into account the national interests of the states - members of the ICAO in the Chicago Convention provides (Article 54), that the adoption of SARPs, as well as making amendments and additions to exercise permanent representative executive body of ICAO - the Council.

To provide legal conditions for performing general duties and obligations under the Chicago Convention, the state should put in place a legislative framework of aviation activity. In accordance with the provisions of SARPs such legislative framework adopted at the highest legislative level. The legislative framework is commonly called primary aviation legislation (Basic aviation law or the Basic Regulation).

The basic aviation legislation is an integral part of the general regulatory and legal framework that regulates all areas of activity in the state. Therefore, the basic aviation legislation should be appropriately linked and integrated into the existing regulatory and legal framework of the state. It must ensure the completeness and consistency of the use of existing centralized (ie, relevant to all spheres of activity in the state) mechanisms of state regulation in relation to the aviation sector. This is a necessary condition for regulatory support for the construction of aviation activities in the state.

Historically formed especially regulatory and legal framework of a particular State generate the specifics of the aviation activities, particularly in the methods and ways of fulfilling the requirements SARPs.

To ensure compliance with the general obligations and responsibilities of States under the Chicago Convention and to establish a system of responsibility for the regulation of all activities in the field of Civil Aviation, primary aviation legislation should:

1) to define:

  • Objects (airspace, aircraft aviation personnel, airports, the subjects of aviation activity - organization or enterprise as legal entities carrying out certain basic aviation legislation activities in the field of Civil Aviation) and subjects (the authorized state bodies, including CAA) regulations;

  • regulatory principles, based on the use of existing in a state of centralized mechanisms of state regulation and not contrary to the provisions of the Chicago Convention and SARPs;

2) include:

  • development, adoption and publication of the national aviation regulations consistent with the provisions contained in the Chicago Convention and SARPs;

  • the creation of regulating the activities of the State Civil Aviation Authority (CAA), headed by a Director (Director of Civil Aviation - DCA);

  • the presence of CAA and its directors have sufficient authority necessary to comply with the primary aviation legislation and aviation regulations, as well as sanctions in case of non-compliance or violation of the established requirements;

  • authorizing the state of commercial air transport, as well as other activities in the field of Civil Aviation, which are provided in the primary aviation legislation, in accordance with the conditions laid down in the relevant parts of the national aviation regulations, and that the Government considers necessary to ensure the safety and national (state) security, based on the conditions and characteristics of the aviation activities in the State;

3) allow the implementation of activities in the field of civil aviation, which will be coordinated and coordinated with the activities carried out by the state in other areas, while fulfilling the existing international obligations and obligations of the state for the safe and orderly development of public transport in both state and international subregional, global) level.

The conditions and features of the implementation of aviation activities in a particular state will be considered as the whole complex of factors and conditions (in particular, regulatory, social, financial, economic, historical, cultural and geographical), as well as the established practice of relationships and activities in the State, including the principles of state investment activity CAA resources (labor, material, financial, time, information, intelligence, innovation).

The provisions of the Chicago Convention and the SARPs declare only a minimum list of the necessary powers of the CAA to ensure internationally effective implementation of GA activities, as well as its coordinated and coordinated development. However, due to the heterogeneity of the conditions and specific features of aviation activities in specific countries, the minimum list of necessary CAA powers is not sufficient to organize its specific activity on regulating GA in the state. Therefore, the responsibility for the development of the main aviation legislation and the system of national Aviation Rules that are in accordance with the provisions of the Chicago Convention and SARPs, as well as adequate to the conditions and characteristics of aviation activities, is the main general obligation of each state that signed the Chicago Convention. Due to various conditions and peculiarities of the implementation of aviation activities in a particular state, the methods of performing functions resulting from the responsibility of the State under the Chicago Convention may be different. But these differences do not relieve the state of responsibility (duties and obligations).

With regard to the objectives, conditions and features of the implementation of aviation activities in a particular state, the minimum list of necessary powers of the CAA should be appropriately adapted and concretized. Therefore, the provisions of the Chicago Convention (in accordance with the principle of the sovereignty of state rights, primarily from the point of view of goal setting, i.e. the choice of objectives for the implementation of aviation a) rules as well as introduction on a non-discriminatory basis additional requirements, which will correspond to the national interests, conditions and characteristics of the aviation activities in the State.

To ensure the fulfillment of its general obligations and obligations, the state must synthesize, in the main aviation legislation, a sufficient set of CAA powers. The sufficiency of the complex of powers provides for the introduction into the main aviation legislation of specific provisions that ensure the consistent adaptation of the necessary state responsibility with respect to the provisions of the Chicago Convention and the SARPs in relation to the purposes, conditions and specifics of the implementation of aviation activities in the state, as well as to other international obligations of the state.

The main criterion for the adequacy of complex powers is the capacity and ability of the CAA and its director (DCA) with the support system of state regulation of liability for activities in the field of Civil Aviation at the expense of:

  • to ensure a balanced distribution of the state-wide responsibilities, duties and obligations between the parties to aviation activities (objects and subjects of regulation) through the use of centralized mechanisms of state regulation and taking into account the peculiarities of the construction of the regulatory and legal framework in the country;

  • use of available (within the competence established by the basic law of the State Aviation) the scope of powers for the implementation of goal-setting and goal-achieving security (performance) in regulatory activities.

Formed on the basis of primary aviation legislation regulatory legal framework in the field of Civil Aviation (System Aviation Regulations) - it is a hierarchical system of interconnected enforcement acts and other documents in the aviation field, existing in a single concept and principles of regulation of activity of objects and subjects of regulation, which is intended to achieve set objectives of the CAA.

The lack of a systematic approach to the development of regulatory and legal framework in the field of Civil Aviation (Aviation Regulations System), based on a single concept and principles of the regulation gives rise to formidable challenges "opacity" of the field, namely:

  • contradictions and duplication in existing regulations requirements for the composition of objects and subjects of regulation, making it difficult, for example, the determination of the applicable requirements;

  • incompleteness of the regulations and the emergence of "dropped out" areas of regulatory activity;

  • inconsistency of the national aviation regulations with international standards and practices (inadequate harmonization), which entails, for example, additional costs for the identification of the differences and the certification of export and (or) imported products (certification becomes an impediment, contrary to the declared goals of regulation);

  • inefficient structure of the legislation as a whole, which is manifested in the form of challenges to modernize the purpose of dynamic adaptation to changes in the aviation activities at the national and international levels.

In accordance with the ICAO recommendations, States should ensure that the wording of the SARPs requirements are directly included in the national Aviation Regulations to ensure consistency in the application of SARPs. Such requirements in the National Aviation Regulations are subject to appropriate specification and / or detailing in relation to the field of their direct impact and taking into account the conditions for carrying out activities in the field of civil aviation, as well as the features of the construction and operation of the entire regulatory system of various activities in the state.

Due to the dynamic nature of the activities in the field of aviation is necessary to relatively frequent revision of the Aviation Regulations to bring them in line with changing needs. Therefore, the detailed provisions of the Aircraft Rules, should not be part of the basic aviation law, revising provisions kotorogo- quite long and laborious procedure.

As an example, consider the composition of the objects of regulation, which is determined by the basic aviation legislation. A minimum list of such facilities is identified at the international level, i.e. within the framework of the Chicago Convention and SARPs. Therefore, in the main aviation legislation of the state, at least these objects should be listed. But, proceeding from the conditions and peculiarities of aviation activity in the state, it may be necessary to introduce additional regulatory objects into the list. In this case, there are alternatives: to include such objects in the main aviation legislation; To provide for in the main aviation legislation the procedures under which the DCA will be authorized both to introduce and abolish additional regulatory objects and the corresponding parts of the system of national Aviation Regulations.

For the first alternative, characterized by enhanced security CAA regulatory activities of the current political situation. At the same time, by limiting the possibilities of using alternative CAA second achievement of the goals of adaptation to dynamically changing conditions of aviation activities will lead to excessive inertia of the system of state regulation.

CAA functions and responsibilities DCA should not change significantly in a particular State. However, the structure and staff of the CAA can and should vary depending on, for example, the number of aircraft in the country, on the size and complexity of the operations or the scope and level of development of the aviation industry.

Delegated by law (in accordance with the basic aviation law) authority DCA should give him the following rights [488, 744]:

  • determine the need for the proposed types of operations (transport or aerial work) and authorize their implementation;

  • evaluate the technical and financial capacity to implement the proposed Operator transport taking into account their capabilities provide ground services (for example, airports, navigation aids, air traffic services units, and others.);

  • issue an air operator certificate (Air Operator Certificate - AOC) general provisions applicable to all holders of the AOC and the specific operational requirements that may be necessary to ensure the safety of specific operations;

  • denied the right to carry out, to deny, revoke, suspend or modify any of the flights that are allowed in the AOC, and related operational requirements for these flights, if it is considered that their implementation is contrary to the interests of safety, provided adequate notice Operator of such actions and to enable him to for consultation and for the appeal;

  • to create an effective organization - CAA, including units for inspection of flight operations, as well as in relation to the area of ​​the LH - Unit to inspect LH (Airworthiness Inspection Department - AID) and, if necessary, the units for production of sun (Airworthiness Engineering Department - AED);

  • to employ the necessary qualified staff personnel providing various functions and responsibilities for which DCA is responsible in accordance with the authority delegated to it;

  • develop and publish detailed national operating standards and rules (national aviation regulations), corresponding to the State primary aviation legislation, and review them with a view to bringing into line with the changing needs;

  • form the structure of the CAA, adequate volume, level of difficulty, the conditions and characteristics of the aviation activities in the State;

  • BC register and maintain a national register of aircraft;

  • to issue and recognize a valid certificate of type;

  • to issue, renew, amend, cancel or recognize the validity of the approval, certificates, licenses and certificates, as well as to suspend their action;

  • ensure the safety and efficiency of aircraft in the airspace within the state.

The general obligations of the state is also providing conditions for non-scheduled flights in the commercial air transport and general aviation.

In order to ensure the overall safety sun, no matter where these flights are made, the above set of general obligations applies to domestic air transportation.

The sphere of general responsibility of the state concerns notification of differences between its practice and the practice of SARPs (Article 38 of the Chicago Convention). In the event that the state is unable to fulfill SARPs' requirements in practice, or considers it necessary to adopt national Aviation Rules or practices that differ in any part from SARPs requirements, and if in the event of changes to SARPs the state does not make appropriate changes to its Aviation Regulations, it Must immediately notify the ICAO Council of the differences between its own practice and the practice established by the SARPs, or indicate the measures it proposes to accept due to the differences.

The practice of notification of differences, derived in the Chicago Convention and SARPs in the level of general obligations of the state, should be considered as part of the monitoring system of the International Civil Aviation exercised at ICAO1. Monitoring at the level of ICAO is one of the means of ensuring the necessary conditions for the uniform application and improvement of SARPs.

If a Contracting State is not able to ensure the full implementation of their general duties and obligations, it must find alternative ways to ensure the implementation of these commitments. The documents of ICAO considered the following key features for the Contracting State:

  • reference to the relevant part of their general duties and obligations - the opportunities of other countries by recognizing or giving effect to the relevant certificates and (or) licenses issued by other Contracting States (one of the possible ways of such use is the occurrence of the state in the regional aviation communities with recognized aeronautical Regulations);

  • ICAO to participate in programs to provide technical and economic assistance to other Contracting States.

Specific duties and obligations

The term "specific obligations" is introduced in Doc 9734-AN / 959. The specific obligations of the state are based on the introduction of internationally recognized and SARP-based procedures for the licensing and approving activities of the CAA for the certification of regulatory objects and the issuance of the relevant Certificates (Certificates). By issuing such permits (approvals), the state, in accordance with the provisions of the Chicago Convention and the SARPs, incurs additional specific obligations. These obligations are a logical continuation of our duties and obligations.

Specific obligations of the state are revealed through such basic terms used in the SARPs, as the "State of Design", "Producer State", "State of registration", "1osudarstvo Operator." Regarding the content side and the relationship of these terms, we note the following:

  • the terms "State of Design" and "Producer State" related to the activities carried out at the stages of design and production, t. e. with responsibility for the quality of construction as the Sun products;

  • The term "State of registration" and "State of the Operator" related to the activities carried out during the operational phase, ie. e., with responsibility for quality activities with the use of aircraft.

State of Design (State of Design) Has jurisdiction over the AT Developer - the organization responsible for the AT type design. The obligations of the Developing State include the construction of a system of state regulation in which the Developer or the Certificate Holder of type AT has data on the design and type certification and can properly use them to maintain the airworthiness of the aircraft in service, providing the necessary data to fulfill duties and obligations Contracting States as the State of Registry and the States of the Operator.

Manufacturer State (State of Manufacture) Has jurisdiction in respect of the Manufacturer of AT - the organization responsible for the production of AT. The obligations of the State of the Producer include the construction of a system of state regulation in which the holder of the relevant Manufacturer's Certificate (production approval) will have the necessary data relating to the production of ATs and will be able to use them properly to maintain the airworthiness of the aircraft in service, To fulfill the obligations and obligations of the Contracting States as the States of registration and the States of the Operator .

State registration (State of Registry) - This state is entered in the Register of the Armed Forces. The act of registration of the Sun suggests its inclusion within the scope of the regulatory and legal framework of the state. States countries bear responsibility extends to the registration list of the documents which must be on board the aircraft engaged in international air transport. Minimum list of documents includes (Article 29 Chicago Convention):

  • Certificate on including aircraft in the State Register (certificate of registration of the sun - Certificate of registration);

  • certificate of airworthiness (Airworthiness Certificate - Certificate of Airworthiness - With of A);

  • Evidence of flight personnel (for each crew member);

  • logbook (Journey log book); permission for the installation and operation of the onboard radio station;

  • list of passengers (if any), indicating the points of origin and destination;

  • manifest and detailed declarations of the cargo (if any).

  • Therefore, the act of registration of the Sun imposes on state registration of the obligation to build a system of state regulation,

  • which provides a framework responsible for these documents.

According to Article 33 of the Chicago Convention, each Contracting State must (acknowledge the obligation) recognize Certificates or Certificates issued by other Contracting States, provided that the requirements for such Certificates or Certificates when issued or recognized are valid, meet or exceed minimum standards , Which are established in accordance with the Chicago Convention. Thus, the completeness of the fulfillment of specific duties and obligations is a fundamental provision for building the relationship of the Contracting States and the basis for trust between States within the framework of the Chicago Convention.

On the basis of the provisions of SARPs, state registration of the Armed Forces is responsible for:

1) for determining compliance with the minimum established standards:

  • Airworthiness entered in the Register of the state;
  • aviation personnel performing flight operation of aircraft and personnel conducting work on something entirely in terms of experience, knowledge and skills required for the safe operation of aircraft;

2) for issuing or giving strength:

  • Certificate aircraft type entered in the Register of the state;
  • Certificate of Airworthiness, entered in the Register of the state;
  • Certificates and (or) qualification marks composition of the flight crew and the personnel performing work on the TO;

3) for providing and verifying compliance.

  • BC entered in the Register of state certified the type design in accordance with the Airworthiness Standards (UPG) 1, adopted in the country for this class of aircraft;
  • Airworthiness entered in the Register of the state, no matter what part of the world they operate;
  • personnel associated with the operation of aircraft entered in the Register of the state, conditions, koto
  • considered to have been indispensable for the issuance of certificates and licenses;

4) for confirming that the aircraft maintenance is carried out in accordance with the requirements in force, by approving:

  • BC MOT programs that are used the operator;
  • organizations conducting TO aircraft registered in the State Register;

5) for ensuring the primary responsibility of the Operators for maintaining the airworthiness of aircraft, regardless of whether their maintenance is carried out in maintenance organizations under the jurisdiction of the State of registration of the aircraft (internal organizations) or in maintenance organizations not under or foreign organizations);

6) for participation in the investigation of accidents that occurred with the aircraft listed in the State Register;

7) for the timely adoption of appropriate measures to eliminate the deficiencies that have been identified in relation to aircraft maintenance entered in the State Register during their operation by flight crews.

On the whole, the fundamental obligation of the State of registration is to construct a system of responsibility for staying all registered aircraft engaged in flight operations in the state of airworthiness, under the current system of state regulation of civil aviation.

State of the operator (State of Operator) - The State of the Operator principal place of business or its place of permanent residence (place of legal registration).

State of the Operator is a logical complement to the responsibility of the State of registration and is based on the responsibility for issuing the AOC, or equivalent document referred to in Appendix 6 to the Chicago Convention, t. E. For the regulation and supervision of the activities related to the operation (use) of the Armed Forces in the performance of international air transport. This responsibility extends to all operators who have received the AOC in the State.

In accordance with the provisions of the Chicago Convention and SARPs, the responsibility of the State

Operator provides the following commitments:

  • software prior to conducting international flight capacity adequacy aircraft operators in terms of safety and efficiency of operations;

  • ensure continued ability to produce aircraft operators flying in accordance with the criteria and requirements which have been recognized under mandatory certification;

  • the timely adoption of the necessary measures to resolve security problems that are identified in relation to the production of flight, the sun and other obligations of the operator, including the actions of his staff.

Within the system of state regulation of State of the Operator shall ensure the personification of responsibility for each Sun N entered in the register of the state. This secures the personification of the sun for the operator, t. E. Certificate of LH specific instance of Sun receives a particular operator.

The variety of existing and potential commercial schemes of sharing Sun Operator State of the Operator CAA estimates, in accordance with the requirements of the national aviation regulations. The main objective of this assessment is to maintain the contracts on joint use of the Armed Forces responsible for the personification of LH each specific instance of a particular operator for the sun. Emerging with the situation relating to the transfer of such liability arising under the Chicago Convention.

The exclusive right of the State

To ensure regulatory consistency of the CAA with respect to targeting and tseledostizheniya (performance) on all aspects of the GA (t. E. The ability to perform general and specific obligations of the state, regardless of the conditions and characteristics of the aviation activities), the state represented by CAA should retain a number of rights, which will continue to be called exclusive.

The sphere of exclusive rights of the state in the face of the CAA in regulating aviation activities include:

  • adoption of legal documents defining the requirements for the objects and subjects of regulation, as well as to the procedures for checking compliance with these requirements;

  • issuance, extension, suspension, cancellation, acceptance and effectiveness of a document confirming conformity (certificates) within the scope of powers of the CAA;

  • general administrative control and supervision of the activities and the state of objects and subjects of regulation allowing for the delegation of functions of the objects and subjects of regulation;

  • a final decision to determine applicability to a specific object and its operating environment regulations and (or) the requirements of existing legal instruments in the field of Civil Aviation, as well as to assess the acceptability of methods of execution (implementation) regulations and (or) the requirements of existing legal documents civil aviation;

  • determining the composition of the sanctions (financial, administrative, criminal) applicable in case of violation of each provision and (or) the requirements of existing legal instruments in the field of civil aviation, as well as detailed procedures for their use, taking into account the features of the current in the state of normative-legal field;

  • determination of the procedure for filing appeals and complaints on all aspects of the GA at the state level.

Exclusive rights of the state are fixed at the level of primary aviation legislation, or are derived from other, equal to him, the state legislation (in particular, acts defining the central mechanisms of state regulation and policy of technical regulation).

Examine the structure of the duties and obligations of the Contracting States to the Chicago Convention and SARPs to be implemented within the framework of technical and economic regulation in the field of Civil Aviation. Reach the level of effectiveness and efficiency of such regulation in a particular state characterized by well-known basic properties of the system of state regulation - safety, regularity and efficiency of air travel.

The effectiveness of the regulatory system should be ensured by applying the principles and approaches to quality management that for the general case formulated in international standards ISO 9000: 2000.

The quality management system of aviation equipment

.
upstairs