PART 1 — GENERAL POLICIES, PROCEDURES, AND DEFINITIONS
[THIS PAGE INTENTIONALLY LEFT BLANK] AMENDMENTS
Table of Amendments
Corrects typographical errors (EDTO) in 1.5 entry
“Subsection” replaced with “regulation.”
Section “Definitions” moved to 1.4. Definitions from all Parts included in Section 1.4 for ease of reference.
“Drug and Alcohol” replaced with “Psychoactive Substance” to agree with ICAO terminology.
Subsections (1) and (2) replaced with “be tested for usage of psychoactive substances.”
Old subsection (b) is now subsection (d). New subsection (b) added.
Subsection text replaced in total
Corrects typographical error in reference to FAA Order 2150.3B
Section text replaced in total
Entire section of Exemptions moved to 1.4 with corresponding change in numbering
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
New paragraphs added on Investigative Procedures
Moved from former paragraph 126.96.36.199
Added new title of “Legal Enforcement Actions”
Moved from former paragraph 188.8.131.52
Moved from former paragraph 184.108.40.206
Moved and combined former paragraphs 220.127.116.11.1; 18.104.22.168.2; 22.214.171.124.3, 126.96.36.199.3, 188.8.131.52, 184.108.40.206, 220.127.116.11
Added new paragraph on seizure of aircraft
“Second in Command” changed to Co-Pilot to agree with ICAO terminology.
Entire section of Definitions moved to a new Section 1.5 with corresponding change in numbering; new definitions added
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).
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.
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).
Rewrote subpart. Added 18.104.22.168 and 22.214.171.124 and renumbered.
Moved from previous IS: 126.96.36.199(A) to match Part 1 reformatting
Moved from previous IS: 188.8.131.52(D) to match Part 1 reformatting; added new sanction to Table 2 for “Security Violations by Individuals”
Table 1 – amount of penalties added to Table 1 for illustration purposes.
Various updates and additions made throughout Table 2.
Renumbered to match renumbering from 184.108.40.206 and added to title
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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.
Part 1 – General Policies, Procedures, and Definitions 1
1.1RULES OF CONSTRUCTION 1
220.127.116.11Rules of Construction 1
18.104.22.168Organisation of Regulations 2
1.2General Administrative Rules Governing Testing, Licences, and Certificates 2
22.214.171.124Display and Inspection of Licences and Certificates 2
126.96.36.199Change of Name 3
188.8.131.52Change of Address 3
184.108.40.206Replacement of a Lost or Destroyed Airman Licence or Medical Certificate or Knowledge Test Report 3
220.127.116.11Falsification, Reproduction, or Alteration of Applications, Licences, Certificates, Logbooks, Reports, or Records 4
18.104.22.168Voluntary Surrender or Exchange of Licence 4
22.214.171.124Prohibition on Performance During Medical Deficiency 4
126.96.36.199Psychoactive Substance Testing and Reporting 5
1.3Investigative and Enforcement Procedures 6
1.3.1Investigative Procedures 6
188.8.131.52Reports of Violations 6
184.108.40.206Formal Complaints 6
1.3.2Administrative Action 6
1.3.3Legal Enforcement Actions 6
220.127.116.11Civil Penalties 7
18.104.22.168Criminal Penalties 7
22.214.171.124Certificate Action 7
126.96.36.199Seizure of Aircraft 8
1.4.3Requirements For Application 9
188.8.131.52Substance of the Request for Exemption 9
1.4.4Review, Publication, and Issue or Denial of the Exemption 9
184.108.40.206Initial Review by the Authority 9
220.127.116.11Evaluation of the Request 10
18.104.22.168Notification of Determination 10
22.214.171.124Extension of the Exemption to Other Interested Parties 10
1.6Safety Management 55
126.96.36.199Safety Management System – AOC, ATO, and AMO 55
188.8.131.52Safety Management System - General Aviation Operators 55
PART 1 — IMPLEMENTING STANDARDS 60
Part 1 – General Policies, Procedures, and Definitions