Draft Revision to CAR Section 7 Series I Part I - Appointment of Examiners for Scheduled Commercial Operators with Fixed Wing Aircraft

GOVERNMENT OF INDIA OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION TECHNICAL CENTRE, OPP SAFDURJUNG AIRPORT, NEW DELHI CIVIL AVIATION REQUIREMENTS SECTION 7 - FLIGHT CREW STANDARDS TRAINING & LICENSING SERIES 'I', PART I ISSUE II, 22nd SEPTEMBER 2014 EFFECTIVE: s 15th MARCH 2017 File no. AV 22024/26/2014-FSD SUBJECT: APPOINTMENT OF 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 Examiners 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 examiners, their functions etc. to comply with aforesaid requirement and issued under Rule 29C and Rule 133A of the Aircraft Rules 1937. 1.3 Normally, such checks/tests are required to be conducted by DGCA Inspectors, however considering the volume of checks/tests required, the designated examiner programe has been institutionalized through this CAR. In the “Designated Examiner” programme the designated Examiner conducts regulatory checks on behalf of DGCA. An Examiner, appointed under this CAR is an operator employee, “approved” to conduct pilot licensing skill tests, pilot proficiency checks, and PIC upgrade route checks, as required by regulations on behalf of the DGCA. 1.4 This CAR also improvises the existing provisions in the CAR and nomenclature of Check Pilots and Examiners to harmonize with global practices, by combining both of them as the “Designated Examiner”. Rev 3, 15th March 2017CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 2. APPLICABILITY The CAR is applicable to scheduled commercial operators with fixed wing aircraft and their designated examiners. 3. DELEGATION POLICY 3.1 The Designated Examiner (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 Inspectors. Designated Examiners shall be constantly aware that they perform their duties as delegates of the DGCA. 3.2 A DGCA Inspector, when directed may conduct any of the tests and checks and may monitor any Designated Examiner conducting any test or check, at any time. 3.3 Any effort by an Operator to influence or obstruct a Designated Examiner, in any way, in the course of fulfilling his obligations to the DGCA, will result in the forfeiture of the Operator’s Designated Examiner programme as such. The validity of any checks performed by the affected Designated Examiner will also be revoked. 4. CONFLICT OF INTEREST FOR DESIGNATED EXAMINER 4.1 Since designated examiners primarily are operator’s employees carrying out functions on behalf of DGCA, therefore 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 Examiner 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 examiner has trained under a concurrent instructor approval and such training culminates into the Test/Check. 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 Examiner’s ability to conduct tests and checks in an impartial manner, rests with the DGCA. 4.5 Wherever, any designated examiner 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. 2 Rev 3, 15th March 2017CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 5. PROCEDURE FOR SELECTION 5.1 The operator, while requesting appointment of examiners shall justify the need of number of Designated Examiners required to meet the quantum of regulatory checks to be performed. The operators shall also ensure and confirm that pilots recommended for appointment as Examiners 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 Examiners 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. 5.2 The Operator’s Post-holder for Training shall sign and forward the nomination for the Designated Examiner. 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 Examiners, 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; (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 Designated Examiner has been nominated; and (g) Is a current TRI (A) and has functioned as an Instructor/TRI on the same type with the operator for a minimum period of 6 months or has functioned as an Examiner with the same/another operator for a minimum period of 12 months during the previous 5 years or for a pilot employed by the operator 3 Rev 3, 15th March 2017CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 (h) and issued with FATA, functioned as a TRE with an ICAO Contracting State for a minimum period of 2 years during the previous 3 years, and; (i) Has not been held blameworthy for an aircraft accident in the previous 3 years or an aircraft incident in the previous 1 year. (j) Has not been tested alcohol positive in the pre/post medical check in the previous 3 years. Note: Another type in context of (g) above means turboprop to turboprop, turbojet to turbojet 5.4 For designation as Examiner 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 rated (if available) Dy CFOI/SFOI/FOI 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 5.5 On selection and successful completion of training and checks, the completed records shall be submitted to FSD, DGCA for appointment of the Designated Examiner. In case the nominee does not pass the selection board process, he may appear after a minimum gap of 3 months. 5.6 DGCA will consider retaining the designation of Examiners 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 An Examiner shall have the following qualifying experience prior to appointment as DE for the first instance with a scheduled operator: (a) Total Flying Experience - 4,000 hours (b) Total Command Experience - 2,000 hours (c) Total Command Experience on the type - 1,000 hours 6.2 The qualifying command experience on type for subsequent appointment as DE shall be: 4 Rev 3, 15th March 2017CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 (a) With the same operator - 500 hours in case of a pilot who has been a functional Examiner for a period not less than one year, and 250 hours in case of a pilot who has been functional Examiner 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 Examiner for a period not less than one year, and 500 hours in case of a pilot who has been functional Examiner for a period not less than two years. 7. CONDUCT OF CHECKS/TESTS BY DESIGNATED EXAMINERS (DE) 7.1 Designated Examiners 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 (10) (d) Standardization checks of Instructors (e) Training/check of DE 7.2 (a) An Examiner 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) An Examiner shall continue to exercise his DE functions when he has exercised the functions of Examiner as applicable on the type during the preceding 6 months except when a pilot is newly appointed on the type. In case an Examiner is not meeting this recent experience, he shall first exercise his DE functions under the supervision of a functional DE or DGCA Flight Inspector. 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 Inspector, 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 5 Rev 3, 15th March 2017CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 (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 at least two Skill Tests and/or Proficiency Checks in an approved simulator, 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 (e) Conduct simulated skill test/PPC for one trainee in an aeroplane, under the supervision of a DE. (f) 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 will be assigned responsibility for conducting checks as per OC 4 of 2017. FOI 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 (e) to (g) above. (b) Change of operator with same type of aeroplane – Completion of Opertor’s Conversion Course and Para 8.1 (g) above (c) Change of operator with change of aeroplane type – Completion of Operator’s Conversion Course and Para 8.1 (e) to (g) above. 9. VALIDITY AND RENEWAL: 9.1 Unless withdrawn, the appointment of the Examiners 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 6 Rev 3, 15th March 2017CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 Test or Proficiency Check in an approved simulator (DE Standardization Check); or (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 Examiner is given below; (a) The responsibility to request renewal prior to expiration of Examiner 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 Examiner has conducted during the last 12 months. (ii) Copy of Examiner’s current license and medical certificate (d) The application shall indicate the dates the Examiner 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 Examiner during the past year and other renewal requirements specified in this CAR. This is to ensure that the Examiner 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 Examiner is satisfactory the Examiner designation may be renewed. (h) If the performance of the Examiner is not satisfactory for any reason the Examiner and the Operator shall be informed accordingly. 10. DESIGNATED EXAMINER 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 or Proficiency Check every 12 months - this check shall be referred to as the DE Standardization Check; (b) Reviewing the Operator's utilization of Designated Examiners on a regular basis; (c) Monitoring the activities of each Designated Examiner to ensure:  his reports are complete, accurate and meaningful; Rev 2, 20th July 2015 9CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014  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 Designated Examiner Standardization Report, retaining of records, and updating the Operator's Designated Examiner file. 10.2 Operator Records and Responsibilities It is the Operator's responsibility to ensure a Designated Examiner'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 Designated Examiner a DE Standardization Check by an Inspector and when his next DE Standardization Check is due; and (b) The last date on which each Designated Examiner attended a DE Refresher Course, and when the next course is due; (c) A list of the Tests/Checks conducted by each Designated Examiner, 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”. 10.3 If a delay or problem is anticipated by the Operator in arranging a DE Standardization Check for a Designated Examiner prior to the expiry date, contact shall be made at once by telephone 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 Designated Examiner utilization, the Operator shall inform the DGCA when a Designated Examiner is no longer in the employment of the Company, or will not be required to perform Designated Examiner duties during the coming 24 months. 11. WITHDRAWAL OF DESIGNATED EXAMINER APPOINTMENT 11.1 The appointment of an Examiner 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 Examiner in respect of any pilot giving adequate justification. 11.2 Examiner appointment may be withdrawn by the DGCA, in part or in whole, for due cause. In these cases, the DGCA Flight Inspection Directorate will issue a written notification of withdrawal of appointment to the Examiner concerned, and also inform the applicable Operator(s). Where there is an immediate threat to Rev 3, 15th March 2017 10CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 safety, this appointment will be withdrawn immediately. The DGCA may withdraw an Examiner’s appointment if evidence shows that an Examiner 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 Examiner 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. • 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 Examiner’s appointment, shall ensure the matter has been investigated thoroughly; and the Examiner 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 This CAR supersedes CAR Section 7 Series I Part I dealing with Examiner and Check Pilot approval. OC 3 of 2007 Guidelines for Training Captains- Examiner/Instructors/Check Pilots and OC 19 of 2014 AMC for CAR Section 7 Series I Part I/II CAR Section 8 Series F Part II are hereby cancelled. 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. (BS Bhullar) Director General of Civil Aviation Rev 3, 15th March 2017 11CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 Appendix 1 DESIGNATED EXAMINER INITIAL ISSUE, RENEWAL AND VARIATION APPLICATION INITIAL ISSUE RENEWAL VARIATION (cross applicable boxes) APPLICANT’S IDENTIFICATION NAME: (surname first) ADDRESS: EMPLOYER: NATIONALITY: DATE OF BIRTH: TYPE OF LICENSE LICENSE NO. LICENSE EXPIRY DATE: RATINGS HELD FLIGHT TIME ( Hours) PIC PIC NIGHT PIC ON TYPE STD/ SIMULATOR Flying Experience before Examiner Course: Flying Experience ……… hours (minimum 4,000) of which PIC experience ………… hours (minimum 2,000) (of which at least 500 hours must be as PIC on type) Flight Experience as PIC on type :…………………. Hours Flight Experience as TRI (on aeroplane): …………………… hours (on simulator) …………………….. Hours Experience in the past 12 months as TRI ……….. Type of Aeroplane …………. Last Skill Test/ Proficiency date (dd/ mm/yy) ……… Type of Aeroplane …….. Examiner Name ……………… DECLARATION BY APPLICANT I CERTIFY THAT THE ABOVE INFORMATION IS TRUE IN EVERY RESPECT. I ALSO AGREE TO ABIDE BY THE PROVISIONS OF THE CIVIL AVIATION LAW AND THE REGULATIONS ISSUED THEREUNDER. APPLICANTS SIGNATURE ……………………… DATE (DD/MM/YY) …………………………………………… APPLICANT’S NAME ……………………………………………………………. COMPANY RECOMMENDATION Post Holder Training (name) ……………………………………………………………. I hereby recommend the applicant be appointed as an Examiner for company. I also verify the statement of qualifications and experience and that the applicant will complete an approved DGCA Examiner course on : (dd/mm/yy) ………………. POST HOLDER’S SIGNATURE ……………………. LICENSE NO…………… DATE (dd/mm/yy) …………………….. POST HOLDER’S NAME ……………………………………...……….... OPERATOR ………….…………………………. Rev 3, 15th March 2017 12CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES 'I' PART I 22nd SEPTEMBER 2014 Appendix 2 DE MONTHLY OPERATOR’S REPORT Operator’s Name: Sl Name ATPL Aircraft DE DE DE DE DE Days Days Remarks No No Check Refresher Check Check Check Avl Not Expiry Expiry Done Fail Fail % Avl (qty) (qty) Rev 3, 15th March 2017 13