[state] part 1 — general policies, procedures, and definitions



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Model CIVIL AVIATION Regulations

[STATE]

PART 1 — GENERAL POLICIES, PROCEDURES, AND DEFINITIONS

VERSION 2.8

November 2014

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AMENDMENTS

Location

Date

Description

Table of Amendments

11/2013

Corrects typographical errors (EDTO) in 1.5 entry

1.1.1.2(b)

11/1/2004

“Licence” added.

1.1.1.3(b)

11/1/2004

Subsection deleted.

1.1.1.3(e)

11/1/2004

“Subsection” replaced with “regulation.”

1.1.1.4

11/1/2004

Section “Definitions” moved to 1.4. Definitions from all Parts included in Section 1.4 for ease of reference.

1.2.1.15

11/1/2004

“Drug and Alcohol” replaced with “Psychoactive Substance” to agree with ICAO terminology.

1.2.1.15(a)

11/1/2004

Subsections (1) and (2) replaced with “be tested for usage of psychoactive substances.”

1.2.1.15(b)

11/1/2004

Old subsection (b) is now subsection (d). New subsection (b) added.

1.2.1.15(c)

11/1/2004

Subsection text replaced in total

1.3

11/2013

Corrects typographical error in reference to FAA Order 2150.3B

1.3

11/1/2004

Section text replaced in total

1.3

8/6/2006

Entire section of Exemptions moved to 1.4 with corresponding change in numbering

1.3

8/6/2006

New section added on Investigative and Enforcement Procedures with some new paragraphs and some existing paragraphs on administrative action, civil and criminal activities and certificate action moved from section 1.2 to this new section 1.3

1.3.1

8/6/2006

New paragraphs added on Investigative Procedures

1.3.2

8/6/2006

Moved from former paragraph 1.2.1.6

1.3.3

8/6/2006

Added new title of “Legal Enforcement Actions”

1.3.3.1

8/6/2006

Moved from former paragraph 1.2.1.8

1.3.3.2

8/6/2006

Moved from former paragraph 1.2.1.9

1.3.3.3

8/6/2006

Moved and combined former paragraphs 1.2.1.7.1; 1.2.1.7.2; 1.2.1.7.3, 1.2.1.7.3, 1.2.1.10, 1.2.1.11, 1.2.1.12

1.3.3.4

8/6/2006

Added new paragraph on seizure of aircraft

1.3.3.4

5/25/2010

Changed reference

1.4(64)

10/11/2002

“Second in Command” changed to Co-Pilot to agree with ICAO terminology.

1.4

8/6/2006

Entire section of Definitions moved to a new Section 1.5 with corresponding change in numbering; new definitions added

1.5

5/25/2010

11/2012


Added definitions: Accelerate-stop distance available (ASDA); Decision altitude (DA) or Decision Height (DH); ELT(AD) automatic deployable; Engine; General aviation operation; Ground handling; Likely; Maintenance programme; Medical assessor; Medical examiner; Minimum descent altitude (MDA) or Minimum descent height (MDH); Obstacle clearance altitude (OCA) or Obstacle clearance height (OCH); Operator’s maintenance control manual; Performance-based navigation (PBN); Required communication performance (RCP); Required communication performance type (RCP type) Runway visual range (RVR); Safe forced landing; Safety programme; Signed maintenance release; Significant; State Safety Program; Total Vertical Error (TVE).

Changed definitions: Aircraft-type of; Operations specifications

Added notes: Area navigation (RNAV); Dangerous goods; Navigation specification; State of Registry; Visual meteorological conditions.


1.5

5/25/2011

Changed definition: Commercial Air Transport

1.5

7/11/2011

11/2012


Added definitions: Airworthy; Anticipated operating conditions; Approved curriculum; Category A helicopters; Category B helicopters; Configuration (as applied to the aeroplane); Critical power units; Design landing mass; Design takeoff mass; Discrete source damage; Elevated heliport; Extended flight over water; Extended Overwater Operation; Factor of safety; Final approach and take-off area (FATO); Fireproof; Fire resistant; Flight operations officer/flight dispatcher; Hazard; Landing surface; Heads-up display; Limit loads; Load factor; Performance Class 1 helicopter; Performance Class 2 helicopter; Performance Class 3 helicopter; Power-unit; Satisfactory evidence; take-off surface; Ultimate load.


1.5

8/11/2011

11/2012


Added definitions: Congested hostile environment; Continuing airworthiness; Fatigue; Fatigue Risk management System (FRMS)

1.5

8/15/2011

Added definition: Act of unlawful interference

1.5

1/31/2012

Added definitions: Alternate means of compliance; alternative means of compliance; approved curriculum; Special curricula

1.5

2/6/2012

Reordered definitions alphabetically

1.5

2/7/2012

11/2012


Definitions added: Quality audit; quality inspection; quality management; qualify manager; quality manual; quality of training. Added 2nd definition: Quality assurance

1.5

11/2012

Added the following new definitions: certificate of airworthiness; detect and avoid; extended diversion time operations (EDTO); EDTO critical fuel; EDTO significant system; isolated aerodrome; maximum diversion time; point of no return; RPA observer; threshold time; visual line-of-sight (VLOS)

Deleted the following definitions: ETOPS; Validation of certificate of airworthiness.



Edited the following definitions: Check airman (aircraft); check airman (simulator); obstruction clearance plane.

1.5

11/2014

Edited the following definitions or added notes: accident; accountable manager; aircraft certificated for single pilot operation; aircraft certificated for multi-pilot operation; alternate means of compliance; engine; error management; examiner; facility; helicopter; course; incident; industry code of practice; licensing authority; medical assessment; medical certificate; Minister; pressure altitude minimum descent altitude or minimum descent height; quality assurance; quality manager; quality manual; rendering a licence valid; threat; threat management; training and procedures manual; training to proficiency; UN Number; validation aerodrome operating minima; decision altitude or decision height.

Edited/added to the definition for helicopter.

Added the following new definitions from ICAO Annex change: final approach segment; operations in performance Class 1; operations in performance Class 2; operations in performance Class 3; operational personnel; safety; safety performance indicator; safety performance; safety performance target; continuous descent final approach; heliport operating minima; instrument approach categories; instrument approach operations; instrument approach procedure.

Added the following definitions from other MCAR Parts: accredited medical conclusion; aided night flight; airborne image recorder; aircraft data recording system; ADS-B; ADS-C; cockpit audio recording system; competency based training and assessment; data link recording system; enhanced vision system; finding; line check; minor modification; ornithopter; pilot in command under supervision; policy; procedure; process; proficiency check; qualification based training; satellite aviation training organization; State of Destination; syllabus; unaided night flight.

Deleted definition of Standard.

Deleted approach and landing operations using instrument approach procedures (per ICAO Annex change in definition).

1.6

11/2013

Rewrote subpart. Added 1.6.1.1 and 1.6.1.3 and renumbered.

IS: 1.2.1.8

8/6/2006

Moved from previous IS: 1.2.1.15(A) to match Part 1 reformatting

 IS: 1.3.3

8/6/2006

Moved from previous IS: 1.2.1.8(D) to match Part 1 reformatting; added new sanction to Table 2 for “Security Violations by Individuals”

IS: 1.3.3

11/11

Added new column to reflect certificate actions, updated various sanctions, added new sanctions, including for ATO and unruly passengers

IS: 1.3.3

11/2012

Table 1 – amount of penalties added to Table 1 for illustration purposes.

Various updates and additions made throughout Table 2.



IS: 1.6.1.2

11/2013

Renumbered to match renumbering from 1.6.1.2 and added to title

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Introduction

The Model Regulations are presented in eleven Parts. Part 1, General Policies, Procedures and Definitions, sets forth the basic rules of construction and application of the regulations, and the rules governing the administration of licences, certifications and investigative and enforcement procedures. Of special interest are the Implementing Standards that accompany each Part. These Implementing Standards provide detailed requirements that support the intent of a regulation presented in a Part, and unless otherwise indicated, have the legal force and effect of the referring regulation. Part 1 contains: rules of construction of the regulations, general administrative rules governing testing, licences, and certificates, investigative and enforcement procedures exemptions and the definitions used in these regulations. The ICAO Annexes do not specifically address the specific set up of a [STATE] regulatory, compliance and enforcement structure. Consequently the development of Part 1 in most areas is based largely on 14 CFR. Part 1 does contain the Safety Management requirements contained in ICAO Annex 19, effective November 2013.



Contents

Part 1 – General Policies, Procedures, and Definitions 1

1.1RULES OF CONSTRUCTION 1

1.1.1.1Rules of Construction 1

1.1.1.2Applicability 1

1.1.1.3Organisation of Regulations 2



1.2General Administrative Rules Governing Testing, Licences, and Certificates 2

1.2.1.1Display and Inspection of Licences and Certificates 2

1.2.1.2Change of Name 3

1.2.1.3Change of Address 3

1.2.1.4Replacement of a Lost or Destroyed Airman Licence or Medical Certificate or Knowledge Test Report 3

1.2.1.5Falsification, Reproduction, or Alteration of Applications, Licences, Certificates, Logbooks, Reports, or Records 4

1.2.1.6Voluntary Surrender or Exchange of Licence 4

1.2.1.7Prohibition on Performance During Medical Deficiency 4

1.2.1.8Psychoactive Substance Testing and Reporting 5

1.3Investigative and Enforcement Procedures 6

1.3.1Investigative Procedures 6

1.3.1.1Reports of Violations 6

1.3.1.2Investigations—General 6

1.3.1.3Formal Complaints 6

1.3.2Administrative Action 6

1.3.3Legal Enforcement Actions 6

1.3.3.1Civil Penalties 7

1.3.3.2Criminal Penalties 7

1.3.3.3Certificate Action 7

1.3.3.4Seizure of Aircraft 8

1.4Exemptions 8

1.4.1.1Applicability 8

1.4.2General 8

1.4.3Requirements For Application 9

1.4.3.1General 9

1.4.3.2Substance of the Request for Exemption 9

1.4.4Review, Publication, and Issue or Denial of the Exemption 9

1.4.4.1Initial Review by the Authority 9

1.4.4.2Evaluation of the Request 10

1.4.4.3Notification of Determination 10

1.4.4.4Extension of the Exemption to Other Interested Parties 10

1.5Definitions 11

1.6Safety Management 55

1.6.1.1Applicability 55

1.6.1.2Safety Management System – AOC, ATO, and AMO 55

1.6.1.3Safety Management System - General Aviation Operators 55



PART 1 — IMPLEMENTING STANDARDS 60

Part 1 – General Policies, Procedures, and Definitions



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