Weathering COVID-19: aviation regulators' measures to aid aviation operations

MAVCOM's measures
CAAM's measures
Validity period of certificates issued to operators
Validity period of endorsements and certificates issued to air traffic control officers
Validity of approvals, permits and licences issued in accordance with certain airworthiness notices
Validity of aerodrome certificates
Way forward


On 7 June 2020 the government announced that Malaysia's Movement Control Order (MCO) would enter a 'recovery phase' beginning on 10 June 2020 and ending on 31 August 2020.

As a result, in June 2020 the regulators of the Malaysian aviation industry, the Malaysian Aviation Commission (MAVCOM) and the Civil Aviation Authority of Malaysia (CAAM), introduced measures to ease the administrative and regulatory challenges faced by the aviation industry during the Recovery Movement Control Order (RMCO) period.

MAVCOM's measures

In assisting airlines with their gradual preparations to resume full services, MAVCOM has removed Paragraph 6 of the conditions attached to all valid traffic rights (Condition 6), effective as of 5 June 2020 until further notice.(1)

Condition 6 provides as follows:

The airline shall commence its operations and utilise all of the air traffic rights issued to it within six months from the date of the grant of the approval to operate the air traffic rights as detailed in this letter. An air traffic right or the capacity of an air traffic right which has not been utilised by the airline upon expiry of the stipulated period shall be deemed revoked with immediate effect.

However, the removal of Condition 6 will not apply to:

• air traffic rights that had already expired or which had been automatically revoked prior to 5 June 2020; or
• routes that airlines have wilfully terminated on their own accord.

The other remaining conditions attached to air traffic rights remain valid.

MAVCOM has also announced that any further variation of the conditions attached to air traffic rights, which may include the reinstatement of Condition 6, will be communicated to airlines accordingly.(2)

CAAM's measures

On 9 June 2020, pursuant to Section 24O(3) of the Civil Aviation Act 1969, CAAM issued a Civil Aviation Notice (Exemption Notice) to exempt all operators, aircrew, aviation personnel, instructors, examiners, aircraft maintenance licence holders and air traffic controllers from the standard validity period of approvals, certificates, licences and permits if certain conditions are met.(3)

The Exemption Notice aims to provide relief to organisations and individuals where normal revalidation facilities are unavailable during the MCO period while maintaining the safety standards of aviation operations. The Exemption Notice came into effect on 10 June 2020.

The key components of the Exemption Notice are set out below.

Validity period of certificates issued to operators

Operators are exempted from the standard validity period for the following certificates that expire between 1 June 2020 and 30 November 2020 if the relevant conditions are met:

• Flight Operations Directive on Organisation Requirements for Air Operations – ORO-GEN.135(a), (b) and (c) – Air Operator Certificate – continued validity;
• Flight Operations Directive on Organisation Requirements of Flight Crew – (FOD10OR-16) ORA-GEN.135 (a) – Certificate of Approval, Certificate of Qualification, User Approval Certificate – continued validity;
• Flight Operations Directive Instruction in Flying for Flying Club – (FOC 10CL-16) – Chapter 2.1.4(a) – Certificate of Approval – continued validity; and
• Civil Aviation Directive on Ground Handling Services Requirements – (CAD GH 2020) – Chapter 2.5 (2.5.1) – Validity of Technical Approval Certificate.

The applicable conditions are as follows:

• certificate holders must exercise only the certification privileges associated with the relevant terms and conditions when no enforcement action is pending; and
• certificate holders must maintain continued compliance with the other requirements prescribed in the abovementioned directives.

If said conditions are met, the validity of the abovementioned certificates may be extended to 31 December 2020.

Notwithstanding the above, CAAM may be required to conduct safety oversight activities for certificate holders in Malaysia subject to allowance given under the MCO provided that the standard operating procedure (SOP) in accordance with the National Security Council (NSC), Ministry of Health (MOH) and state governments is adhered to.

For certificate holders located abroad, the CAAM may be required to conduct safety oversight activities subject to allowance given under the MCO provided that the SOP in accordance with the NSC, MOH and International Civil Aviation Organisation (ICAO) contracting states is adhered to.

Validity period of endorsements and certificates issued to air traffic control officers

Air traffic control officers (ATCOs) are exempted from the standard licence renewal period as per the Air Navigation Services Regulatory Manual (ANSRM) 4.7 and the ATCO recurrent periodic assessment (as per ANSRM 6.1.4), which expire between 18 March 2020 and 30 November 2020 if the following conditions are met:

• For affected ATCO CEO Directive on Medical Requirements Class 3 medical certificate holders and air traffic service providers:
  • ATCOs who are unfit under Regulations 155, 156 and 157 of Civil Aviation Regulations 2016 or under additional medical surveillance should continue to comply with the corresponding requirements or risk the invalidation of their medical certificates and/or the applicability of the exemption to them;
  • Air traffic service providers must closely monitor the health status of operational ATCOs; and
  • ATCOs with medical certificates expiring between March 2020 and June 2020 must undergo a medical assessment and licences must be renewed before 10 July 2020.
• For ATCO language recurrent periodic assessments, affected ATCOs must ensure that they are able to undergo assessments that will be scheduled as soon as the conduct of assessment is possible.

If said conditions are met, the validity of the endorsements and certificates may be extended until 31 December 2020. Notwithstanding the above, air traffic service providers may conduct training and examinations for proficiency and validation subject to safety risk assessment to mitigate any risk in training when demand builds up within a short period.

Validity of approvals, permits and licences issued in accordance with certain airworthiness notices

Operators, organisations and persons may be exempted from the standard validity period for the following approvals, permits and licences that expire between 18 March 2020 and 30 November 2020:

• Notices 1101 (6.5) and (9.1) – aircraft maintenance licences;
• Notices 1201 (5.12)(a) – maintenance training organisation;
• Notices 6102 (5.1)(a) and (18.2) – continuing airworthiness management organisation;
• Notices 6102 (10.6) – airworthiness review staff/approved signatory;
• Notices 6501 (9.2)(b) and (d) – aircraft maintenance organisation;
• Notices 6502 (22.2) and (22.5) – limited maintenance organisation approval;
• Notices 8301 (5.0) – certificate of airworthiness;
• Notices 8305 (8.1) and (9.0) – permit to fly; and
• Notices 8401 (5.1) and (16.1) – design organisation approval.

The conditions for the standard validity period to be extended to 31 December 2020 are as follows:

• There is no enforcement action pending against the holders of the approval, permit or licence.
• Holders of the approval, permit or licence must maintain continued compliance with the other requirements prescribed in the airworthiness notices.
• Holders of aircraft maintenance licences and approved signatories must notify their respective quality managers in their organisations. The quality managers must provide to CAAM on a periodic basis the list of affected licences and approved signatories.
• Approved organisations must have a process and procedure to monitor, control and manage their exercise of certification privileges, including the proper recording of certification on continuing airworthiness and maintenance-related activities carried out under this exemption.

CAAM's Exemption Notice provides that this exemption applies automatically.

Validity of aerodrome certificates

Subject to conditions, holders of aerodrome certificates may be exempted from the standard validity period for the following certificates that expire between 18 March 2020 and 30 November 2020:

• Aerodrome Standards Directive 103, Volume 1 Chapter 7 (7.1) – duration of certificate; and
• Aerodrome Standards Directive 103, Volume 1 Chapter 8 (8.1) – renewal of certificate.

The conditions for the standard validity period to be extended to 31 December 2020 are as follows:

• certificate holders must exercise only the certificate privileges associated with the aerodrome certificate when there is no enforcement action pending;
• certificate holders must maintain continued compliance with the other requirements as prescribed in the Aerodrome Standards Directives and Annex 14 of the ICAO; and
• certificate holders must conduct a safety audit and submit a safety audit report to CAAM before 31 October 2020.

Notwithstanding the above, CAAM requires operators to conduct their own safety assessment to mitigate any risks in flight operations in relation to this exemption.

Way forward

While the above exemptions would ease the operations of many organisations and persons affected by the MCO, it remains prudent for holders of the approvals, permits, certificates and licences to submit their applications for renewal to the regulators as soon as possible.

Pursuant to the RMCO, CAAM has resumed its business operation since 10 June 2020 and its one-stop centre has resumed its normal operating hours since 10 June 2020, with health and safety guidelines in place.(4) The Malaysia Aviation Academy (MAvA) has also resumed its training, courses and activities from 29 June 2020.(5)

For further information on this topic please contact Oon Hooi Lin or Tan Hui Wen at SKRINE by telephone (+60 3 2081 3999) or email (oon.hooi.lin@skrine.com or tan.hui.wen@skrine.com). The SKRINE website can be accessed at www.skrine.com.

Endnotes

(1) Air Traffic Rights Bulletin (May 2020 to June 2020) dated 9 June 2020, Malaysian Aviation Commission. Available here.

(2) Ibid.

(3) Civil Aviation Notice CAN 3/2020 dated 9 June 2020, Civil Aviation Authority of Malaysia. Available here.

(4) Notice on CAAM Operations, Notice 9/2020 dated 9 June 2020, Civil Aviation Authority of Malaysia. Available here.

(5) Notice on MAvA Operations, Notice 10/2020 dated 24 June 2020, Civil Aviation Authority of Malaysia. Available here.