Agency concerned that revision of fractional regulations may stir opposition from national aviation authorities
The European Aviation Safety Agency is expecting opposition to its draft rules for business aviation, which propose regulating fractional ownership schemes within the sphere of non-commercial operations.
EASA is set to take over control of aircraft operational rules in 2007 and is in the process of transferring European joint aviation requirements for operations covering the commercial use of fixed-wing aircraft (JAR-Ops 1) and helicopters (JAR-Ops 3) into its new implementing rules (IR). These two categories are expected to change little during the transition, but rules for corporate aviation and aerial work, covered by JAR-Ops 0, 2 and 4, were never finalised by EASA's predecessor, the Joint Aviation Authorities, and are therefore subject to national airworthiness rules. However, Eric Sivel, EASA airworthiness manager, says the agency intends to review JAR-Ops 0, 2 and 4, and draw up new IRs within around six months of EASA receiving power over operational requirements.
Under the draft submission published by EASA last month, IRs for non-commercial operation of all helicopters and fixed-wing aircraft will be split into two sub-categories by weight and power, rather than by mission.
At the moment, many countries regulate fractional ownership schemes as commercial operations, a view not shared by the working teams at EASA.
Sivel says: "Fractional ownership is a non-commercial operation, but clearly a Boeing Business Jet needs to be governed by different rules than a simple turbine even if they are both offered in such schemes."
Extension of EASA's remit to the regulation of non-commercial activity requires approval from national governments and the European Parliament, with the request for more power to be considered later in the first half of this year.
EASA fears conservative national aviation authorities may lobby their governments to veto the move. Clashes can be expected as the bill moves through European institutions.
The UK Civil Aviation Authority says: "We regard fractional ownership as public transport. We are aware of the EASA proposal but it is not for us to lead any discussion on changes." The CAA adds it will "advise" the UK transport ministry.
Work on defining the new rules will begin in the third quarter, with a team of around five to eight people drawn from industry and national aviation authorities.
JUSTIN WASTNAGE / COLOGNE
Source: Flight International
