Draft Revision to CAR Section 7 Series I Part I - Appointment of Designated Examiners for Scheduled Commercial Operators with fixed wing aircraft

GOVERNMENT OF INDIA OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION TECHNICAL CENTRE, OPP. SAFDARJUNG AIRPORT, NEW DELHI – 110003 CIVIL AVIATION REQUIREMENTS SECTION 7 – FLIGHT CREW STANDARDS SERIES 'I' PART I ISSUE II, DATED: 22nd SEPTEMBER 2014 EFFECTIVE: 15th MAY 2017 F. No. 22024/27/2014-FSD SUBJECT: APPOINTMENT OF DESIGNATED EXAMINERS FOR SCHEDULED COMMERCIAL OPERATORS WITH FIXED WING AIRCRAFT. 1. INTRODUCTION 1.1 Under Rule 41A of the Aircraft Rules, 1937, the Director General may appoint Designated Examiners (DE) for carrying out flying tests and technical examinations required under Schedule II. Further ICAO Annex 1 also stipulates that the applicant for issue of type rating shall have demonstrated the skill and knowledge required for the safe operation of the applicable type of aircraft, relevant to the licensing requirements and piloting functions of the applicant. 1.2 This Civil Aviation Requirement lays down the criteria for appointment of DEs, their functions etc., to comply with aforesaid requirement and is issued under Rule 29C of the Aircraft Rules, 1937. 1.3 Normally, skill tests are required to be conducted by DGCA Flight Operations Inspectors (FOI), however considering the volume of checks/ tests required, the DE programme has been institutionalized through this CAR. In the ‘DE’ programme, the DE conducts regulatory checks on behalf of DGCA. A DE appointed under this CAR is an operator employee, ‘approved’ to conduct pilot licensing skill tests, pilot proficiency checks, instrument rating checks and PIC upgrade route checks, as required by regulations on behalf of the DGCA. Revision 3, 15th May 2017 Page 1 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 1.4 This CAR also improvises the existing provisions in the CAR and nomenclature of Check Pilots and DEs to harmonize with global practices, by combining both of them as ‘DE’. 2. APPLICABILITY The CAR is applicable to scheduled commercial operators with fixed wing aircraft and their DEs. 3. DELEGATION POLICY 3.1 The DE (DE) programme has been instituted to allow operators to develop and maintain a program of flight crew tests and checks independent of the availability of DGCA Flight Operations Inspectors. DEs shall be constantly aware that they perform their duties as delegates of the DGCA 3.2 A DGCA FOI, when scheduled by the FSD, DGCA, may conduct any of the tests and checks and may monitor (by way of surveillance or random check) any DE conducting any test or check, at any time. 3.3 Any effort by an Operator to influence or obstruct a DE, in any way, in the course of fulfilling his obligations to the DGCA, will result in the forfeiture of the Operator’s DE programme as such. The validity of any checks performed by the affected DE will also be revoked. 4. CONFLICT OF INTEREST FOR DE 4.1 Since DEs primarily are operator’s employees carrying out functions on behalf of DGCA, sometimes it may result in a situation of conflict of Interest. 4.2 Conflict of Interest is defined as any relationship that might influence an approved DE to act, either knowingly or unknowingly, in a manner that does not hold the safety of the flying public as the primary and highest priority. Example of a situation but not limited to, is considered as a possible conflict of interest between the DE and his delegated authority is conducting a Test/Check on a pilot whom the DE has trained under a concurrent instructor approval and such training culminates into the Test/Check. Revision 3, 15th May 2017 Page 2 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 4.3 Each applicant, whose name is recommended by operator, shall declare in his resume, which accompanies the nomination form, any conflict of interest of which they have knowledge. 4.4 The final authority, for deciding whether there is any conflict of interest that might affect the DE’s ability to conduct tests and checks in an impartial manner, rests with the DGCA. 4.5 Wherever, any DE come into a situation of conflict of interest, a full report of the circumstances shall be immediately submitted by him/operator to the DGCA for review. 5. PROCEDURE FOR SELECTION 5.1 The operator, while requesting appointment of DEs shall justify the need of number of DEs required to meet the quantum of regulatory checks to be performed. The operators shall also ensure and confirm that pilots recommended for appointment as DEs are of recognized integrity, free from prejudices and strong likes and dislikes and capable of recording fair assessments and shall be known for impartial conduct. They shall be capable of instilling high standard of discipline among the flight crew and shall have balanced attitude towards them. Note 1: Pilots approved as DEs under CAR Section 7 Series I Part I Issue I dated 27 May 1998 (up to Rev 7) and holding current approval prior to introduction of this CAR will be appointed as DEs notwithstanding the DE workforce calculation requirement provided they meet other requirements as per this CAR. Note 2: ATOs (including TRTOs) may under mutual agreement with an operator, sponsor additional DEs to cater to the requirements of the ATO under intimation to DGCA. 5.2 The Operator’s Post-holder for Training shall sign and forward the nomination for the DE. A resume of the candidate's background, qualifications and experience is required, and must include a summary of previous checking, training or supervisory experience. A candidate shall also declare, on his resume, conditions that could result in a conflict of interest. 5.3 While recommending the pilots for appointment as DEs, operator shall ensure that the candidate: (a) Holds a valid ATPL which would allow the applicant to act as pilot in command on the same type of aircraft as requested in the application for checking functions; (b) Holds a current Proficiency Check on type; Revision 3, 15th May 2017 Page 3 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 (c) Is Pilot-in-Command in the same type of commercial operation (scheduled) for which examining authority is sought; (d) Demonstrates satisfactory knowledge of the contents and interpretation of the DGCA Civil Aviation Requirements and applicable regulations; (e) Demonstrates a thorough knowledge of the contents of the Operator's Operations Manual, Operations Specifications, SOPs and the applicable aircraft operating manuals; (f) Demonstrates his knowledge and ability to conduct Skill Test(s), Proficiency Check(s) and PIC upgrade check(s), as appropriate, on the applicable aircraft type (and/or simulator) for which the DE has been nominated; and; (g) Is a current TRI (A) and has functioned as an TRI on the same type with the operator for a minimum period of six months preceding date of nomination as DE or has functioned as an DE with the same/another operator for a minimum period of twelve months during the previous five years or for a pilot employed by the operator; and issued with FATA functioned as TRE with ICAO contracting state for a minimum period of 02 years during the previous 03 years and ; (h) Has not been held blameworthy for an aircraft accident in the previous three years or an aircraft incident in the previous one year. (i) Has not been tested alcohol positive in the pre/post medical check in the previous three years. Note: Another type in context of (g) above means turboprop to turboprop, turbojet to turbojet 5.4 For designation as DE the nominated pilots shall be subjected to a process of selection. The selection process shall be on the basis of applications received from the entire pilot population that meets the eligibility criteria. The selection process shall be carried out by a Board in DGCA HQ that will meet as deemed necessary. The Board will be chaired by the JDG/CFOI DGCA with the members being a type qualified FOI (if available) , and the operator’s Post-Holder Training. The scope of the interview for selection shall be;  Knowledge of Aircraft Rules, CARs and DGCA circulars pertaining to DE functions and responsibilities  Knowledge of CAP 7200 DE Manual Revision 3, 15th May 2017 Page 4 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 5.5 On selection and successful completion of training and checks, the completed records shall be submitted to FSD, DGCA for appointment of the DE. In case the nominee does not pass the selection board process, he may re-appear only after a minimum gap of 3 months. 5.6 DGCA will consider retaining the designation of DEs who; (a) Change aeroplane types with the same operator, or; (b) Change of operator with same type of aeroplane, or; (c) Change of operator with change of aeroplane type Note: Change of operator in this context is from one scheduled operator to another scheduled operator 6. QUALIFYING EXPERIENCE REQUIREMENTS 6.1 For initial appointment, a pilot shall have the following qualifying experience prior to appointment as DE for the first instance with a scheduled operator: a Total Flying Experience 4000 hours b Total Command Experience 2000 hours c Total Command Experience on type 1000 hours 6.2 The qualifying command experience on type for subsequent appointment as DE shall be; a. With the same operator – 500 hours in case of pilot who has been a functional DE for a period not less than one year, and 250 hours in case of a pilot who has been functional DE for a period not less than two years. b. With change of operator on same type/change of type – 750 hours in case of a pilot who has been a functional DE for a period not less than one year, and 500 hours in case of a pilot who has been functional DE for a period not less than two years. 7. CONDUCT OF CHECKS/TESTS BY DES (DE) 7.1 DEs are accorded the following functions and required to perform associated check/tests during the course of the designation; (a) Skill Tests for issue/renewal of type rating. (b) PPC and IR Check (c) PIC upgrade route checks (d) Standardization checks of Instructors (e) Training/check of DE where authorised Revision 3, 15th May 2017 Page 5 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 7.2 (a) DE shall exercise his DE functions on an aeroplane only when he has a minimum of 10 hours flying experience as PIC on the type during the preceding 90 days. If he does not meet such recent flying experience, the DE will be limited to DE functions on the simulator till recent experience as mentioned above is acquired. (b) DE shall continue to exercise his DE functions when he has exercised the functions of DE as applicable on the type during the preceding 6 months except when a pilot is newly appointed on the type. In case the DE is not meeting this recent experience, he shall first exercise his DE functions under the supervision of a functional DE or DGCA FOI. He shall start functioning independently again, only if his proficiency is found satisfactory. 8. TRAINING REQUIREMENTS 8.1 The pilots shall undergo the following training in order to obtain appointment as a DE for the first instance with a scheduled operator: (a) A briefing, conducted by a DGCA FOI or a DE covering the following topics; (i) The procedures and techniques associated with the conduct of Skill Tests and Proficiency Checks; (ii) The techniques and standards used in the assessment and evaluation of candidate’s performance; (iii) Briefing and debriefing procedures and requirements; (iv) Completion of all applicable forms and documentation; and (v) The contents and interpretation of all applicable manuals and publications. (b) The completion of an approved training course covering the assessment of CRM skills, and the use of facilitation techniques; (c) The observation of at least one Skill Test or Proficiency Check in an approved simulator; (d) The conduct of Skill Tests and/or Proficiency Checks in an approved simulator / aeroplane, under the supervision of a DE. The nominee shall carry out the briefing, conduct the check and subsequent debrief, and then complete all necessary paperwork which shall be made under supervision of the DE conducting the training; and Revision 3, 15th May 2017 Page 6 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 (e) Undergo a DGCA FOI Monitor Check, during which a DGCA Inspector/ nominated DE will observe the applicant conducting a Skill Test or Proficiency Check on a candidate (or candidates) in an approved simulator or aeroplane. Note: ‘Nominated DE’ (a DE who has been specially authorised by the DGCA for the purposes described in OC 4 of 2017) may conduct checks described in OC 4 of 2017. FOI monitor check will be carried out as per form in Annexure 15 to CAP 8200 FOI Manual 8.2 The pilots shall undergo the following training for subsequent appointment as a DE with a scheduled operator: (a) Change aeroplane types with the same operator – Para 8.1 (c) to (f) above. (b) Change of operator with same type of aeroplane – Completion of Operators’ Conversion Course and Para 8.1 (c), (d) & (e) above. (c) Change of operator with change of aeroplane type – Completion of Operator’s Conversion Course and Para 8.1(c) to (f) above. 9. VALIDITY AND RENEWAL: 9.1 Unless withdrawn, the appointment of the DEs shall remain valid for a period of five years from the date of issue of appointment so long as the pilots continue meet the applicable requirements of this CAR and remain in the employment of the operator who has obtained the appointment. 9.2 A DE appointment will cease to be valid whenever any of the following conditions apply: (a) More than 12 months have elapsed since completion of a DE Refresher Course conducted by the DGCA. Such a course shall cover assessment standards and practices, licensing requirements and current regulations; or (b) More than 12 calendar months have elapsed since the DE has been monitored by a DGCA Inspector, for this purpose, whilst conducting a Skill Test or Proficiency Check in an approved simulator (DE Standardization check); or Revision 3, 15th May 2017 Page 7 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 (c) When less than 6 Skill Tests or Proficiency Checks sessions have been conducted by a DE within the preceding 12 month period; or (d) A DE’s instrument rating has expired; or (e) A DE’s license is not valid or has expired; or (f) A DE’s medical category is not valid or has expired; or (g) The DE authorization is withdrawn by the DGCA Note: In case the appointment of the DE is no longer valid due to para (a) to (f) requirements above, appointment will be automatically revalidated on compliance of these requirements. 9.3 Renewal procedure of the appointment of DE is given below; (a) The responsibility to request renewal prior to expiration of DE appointment rests with the Operator concerned. (b) At least three months prior to the expiration of appointment the Operator shall request for renewal in writing. (c) Following will be attached to the renewal request; (i) Record of all Tests / Checks the DE has conducted during the last 12 months. (ii) Copy of DE’s current license and medical certificate (d) The application shall indicate the dates the DE can be made available for an Inspector to monitor / conduct a Test / Check if required. (e) DGCA shall review the request with particular attention to the number of Tests / Checks conducted by the DE during the past year and other renewal requirements specified in this CAR. This is to ensure that the DE is being well utilized by the Operator and to justify his continued designation. (f) If the document review is satisfactory DGCA, will assign an FOI to carry out a DE Standardization Check as required. (g) If the performance of the DE is satisfactory the DE designation may be renewed. (h) If the performance of the DE is not satisfactory for any reason the DE and the Operator shall be informed accordingly. Revision 3, 15th May 2017 Page 8 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 10. DE MONITORING AND CHECKING 10.1 DGCA Records and Responsibilities The DGCA shall monitor the standards of all DE by: (a) Monitoring each DE while he conducts a Skill Test, IR Check or Proficiency Check every 12 months - this check shall be referred to as the DE Standardization Check; (b) Reviewing the Operator's utilization of DEs on a regular basis; (c) Monitoring (during standardisation checks and random checks by FOIs) the activities of each DE to ensure:  his reports are complete, accurate and meaningful;  his Checks cover the required sequences;  his conduct of checks is fair and in conformance with the standards and procedures described in this manual;  he is acting within the limits of his authority and; (d) Completion of the DE Standardization Report, retaining of records, and updating the Operator's DE file. 10.2 Operator Records and Responsibilities It is the Operator's responsibility to ensure a DE's appointment is valid before scheduling him to conduct a Check. To aid in this responsibility, an Operator shall maintain records to show: (a) The last date on which each DE a DE Standardization Check by an Inspector and when his next DE Standardization Check is due; and (b) The last date on which each DE attended a DE Refresher Course, and when the next course is due; (c) A list of the Tests/Checks conducted by each DE, using the format given in Appendix 2 to this CAR. Records are required to be submitted for each DE every quarter covering each month in the quarter. Where a DE has not conducted any checks/ tests in a month, the record shall be annotated “no checks/tests conducted this month”. Revision 3, 15th May 2017 Page 9 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 10.3 If a delay or problem is anticipated by the Operator in arranging a DE Standardization Check for a DE prior to the expiry date, contact shall be made at once by email with the CFOI to make alternate arrangements. If the Operator can show that it is impractical to arrange a DGCA check to fulfil the requirements above, prior to the expiry date, an extension may be granted by the DGCA on a specific case basis. Maximum extension may not exceed 30 days, from the date the DGCA standardization was due. 10.4 In order to maintain up to date records for DE utilization, the Operator shall inform the DGCA when a DE is no longer in the employment of the Company, or will not be required to perform DE duties during the coming 24 months. 11. WITHDRAWAL OF DE APPOINTMENT 11.1 The appointment of an DE may be withdrawn by the DGCA if the pilot is found lacking in any of the requirements. Besides, a Board consisting of the Chief of Operations and Chief of Training of the operator may also recommend to the DGCA, withdrawal of appointment as DE in respect of any pilot giving adequate justification. 11.2 DE appointment may be withdrawn by the DGCA, in part or in whole, for due cause. In these cases, the DGCA Flight Standards Directorate will issue a written notification of withdrawal of appointment to the DE concerned, and also inform the applicable Operator(s). Where there is an immediate threat to safety, this appointment will be withdrawn immediately. The DGCA may withdraw an DE’s appointment if evidence shows that an DE has: • At any time, acts in a manner which is in contravention of the guidelines contained in this CAR; • Placed a personal interest, or the interest of the company, ahead of the interest of the DGCA and the travelling public; • Failed to follow the applicable instructions to maintain the required standards, or to follow proper procedures; • Fraudulently misused DE authority, or acted in any other way that would discredit the DGCA; • Tested alcohol positive in a pre/post flight medical check. • Breached the DGCA Civil Aviation Rules and Regulations; • During the course of a Proficiency Check, or DE Standardization Check, failed to meet the required DGCA Standards. Revision 3, 15th May 2017 Page 10 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 • Exercised poor judgment in assessing a candidate’s performance, in relation to the standards contained herein; or • Failed to represent DGCA in a manner acceptable to the Director General Except where there is an immediate threat to safety, the DGCA, prior to making a final decision in the matter of withdrawal of an DE’s appointment, shall ensure the matter has been investigated thoroughly; and the DE and, where applicable, the concerned Operator, have been given a formal opportunity to respond to the allegations, either verbally or in writing. Note: Refer Operations Circular 2 of 2013 - Withdrawal/ Reinstatement of Trainer Approval 12. GENERAL 12.1 This CAR supersedes CAR Section 7 Series I Part I upto Issue II Revision 2, dealing with DE and Check Pilot approval. 12.2 A pilot may hold independent yet concurrent appointment as DE and authorization as Instructor. The requirements for such appointment or authorization will be met separately with distinct approval, standardization processes and validity periods. Withdrawal and reinstatement would be treated separately for both cases. 13. FEES 13.1 Fees for DE approval is Rs Ten Thousand only and for renewal of DE approval is Rs Five Thousand only. 13.2 Whenever DGCA FOI is on board the aircraft / simulator to conduct DE release check / standardization check fees shall be applicable in accordance with Rule 48 (2) of the Aircraft Rules 1937. B.S Bhullar Director General of Civil Aviation Revision 3, 15th May 2017 Page 11 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 Revision 3, 15th May 2017 Page 12 of 13CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 MONTH: ___________________ Date of Submission: ___________________ Chief of Training (Name & Signature) Revision 3, 15th May 2017 Page 13 of 13