5 reasons part NCC is only a partial solution
What’s EASA Part-NCC? Who needs to comply?
Part-NCC is the most commonly used name for a combination of EU regulatory requirements applicable to non-commercial operations of complex motor-powered aircraft. In a nutshell, these requirements apply to any individual or organization operating an aircraft regarded as ‘complex’, meaning it meets the following:
Registered in an EU/EASA member state; or
Based in Europe, meaning: registered in a non EASA State but where the operator's principal place of business is in an EASA State ;
Having a maximum take-off mass above 5.7 tons; or
Powered by at least one turbojet engine; or
Powered by at least two turboprop engines; or
Having 19 seats or more; or
Powered by motors mounted on rotating engine pods, for example tiltrotors. Recently EASA accepted to exclude twin turboprops with a MTOM below 5.7 tons (most King Airs, etc). For those, Part-NCO will apply rather than Part-NCC.
Part-NCC requires each operator to follow the same essential requirements as commercial air transport operators.
Affected operators need to understand the rules and ensure they are in compliance.
For example, operators must:
- Have an operations manual
- Have a management system
- Have an approved minimum equipment list (MEL) for each aircraft
- Part-NCC operators need to either set-up or contract a Continuing Airworthiness Management Organization (CAMO) to manage the airworthiness of their complex aircraft
Once compliant, operators of aircraft affected by the Regulations that are a resident or have their principal place of business in an EASA State must make their declaration to the relevant aviation regulatory authority.
The latest EASA rule changes for Part NCC operations (Private Aircraft Managed by a European AOC) will be putting an additional burden on many of these privately operated operations. Privately registered Aircraft whether from the USA, Bermuda, Caymen, Isle of Man, etc will be required to have pilots with an EASA Licence only.
For example, an owner with a N registered USA private Aircraft managed by an EASA based operator will be required to replace his crew who may have been with the owner for years.
Q 1. We’re conducting our flight operations from within Europe but our aircraft is not registered in an EU/EASA member state. Does Part-NCC apply and does that mean double oversight?
There’s little doubt left if your operations remain mostly within Europe: Part-NCC will likely apply (but read on). In other cases, the EU regulations leave some room for interpretation. It would be sensible to query the competent authority of the countries overseeing your operations to determine your principle place of business and whether Part-NCC applies or not. Concerning the issue of double oversight, EASA acknowledges the problem and wants to avoid unnecessary duplication if the state of registry complies with ICAO Annex 6 Part II. EU-based operators of aircraft registered in such territories as the Isle of Man, Bermuda or Cayman Islands are therefore very likely to be released from implementing Part-NCC. At present EU-based operators of N-registered aircraft won’t be able to dodge Part-NCC and some form of double oversight.
What’s expected in practice?
NCC operators must have a controlled Operations Manual, a Safety Management System, a system to monitor compliance with regulatory requirements, Standard Operating Procedures, an approved MEL (if applicable), appropriate training for all staff, and any approval pertinent to the aircraft type and operation. Moreover Part-NCC operators need to either set-up or contract a Continuing Airworthiness Management Organization (CAMO) to manage the airworthiness of their complex aircraft. Operators must also declare themselves to their competent authority, but they don’t need to submit their manuals for approval.
My operation falls under EASA Part-NCC but I’ll wait for clear guidance and instructions from the competent authority before doing anything…
All the opt-outs and possible postponements have already been used by all EU/EASA member states. August 2016 was the final deadline. Any Part-NCC-type of operation conducted without meeting the associated requirements would obviously be illegal. In case of problem, even the tiniest, an operator would in effect completely subject itself to the good will and leniency of its competent authority, insurer, bank, customers, etc. No words could possibly describe how hazardous and uncomfortable this situation would be for the continuity of an operator.
Website Links for reference
https://www.gov.im/ded/Aircraft/
http://www.caa.co.uk/Commercial-industry/Aircraft/Operations/Types-of-operation/Part-NCC/Part-NCC/