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Director of Civil Aviation: Annual Report 2014

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A decision made on 27 April 2015:

MINISTERIAL DECISION REFERENCE:    MD-ER-2015-0024

DECISION SUMMARY TITLE:  Director of Civil Aviation – Annual Report 2014

DECISION SUMMARY AUTHOR:

External Relations

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:  Director of Civil Aviation – Annual Report 2014

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Director of Civil Aviation

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations approved the Annual Report 2014 of the Director of Civil Aviation to be presented to the States.

Article 9 of the Civil Aviation (Jersey) Law 2008 requires the Director of Civil Aviation to provide an annual report to the Minister for External Relations on the discharge of the Director’s functions during the preceding year.

The Minister is required to lay a copy of the report before the States as soon as reasonably practical.

RESOURCE IMPLICATIONS:  There are no resource implications arising from this decision.

ACTION REQUIRED:   External Relations shall request the Greffier of the States to arrange for the Report to be presented to the States as soon as possible.

SIGNATURE:

 

 

 

POSITION:

 

Minister for External Relations

 

 

 

DATE SIGNED: 27 April 2015

EFFECTIVE DATE OF THE DECISION: 27 April 2015

Director of Civil Aviation: Annual Report 2014

 

Director of Civil Aviation: Annual Report 2014

 

Director of Civil Aviation

Annual Report 2014

 

March 11th 2015

 

 

Executive Summary

 

After major projects over the last eighteen months to rehabilitate Guernsey Airport and reclassify the Channel Islands Control Zone, 2014 has been a relatively quiet year. We have seen the first full year of operations of the Channel Islands Aircraft Registry (in Guernsey) known as 2-REG, the Channel Islands gaining approved third-country status from the European Commission in aviation security, continued close co-operation between Jersey and Guernsey in aviation regulation and the handover to a new DCA.  We have also had to deal with a rapid growth in the availability of low-cost “drones”, the entry into force across Europe of the Single European Rules of the Air, and publication of the report into the Air Search accident in 2013.

 

Principal Responsibilities of the DCA

 

The reports for 2012 and 2013 contained a detailed description of the role of the DCA and explained the responsibility to ensure compliance with international standards set out under the Chicago Convention of 1944 and its associated annexes, so for brevity this is not repeated here.  Likewise there has been no change during 2014 to the State Safety Programme or State Safety Plan so these are not included and readers are directed to last year’s report[1]. 

 

An emerging area for the DCA is Europe.  Across Europe almost every aspect of aviation regulation is being integrated at an EU level under the European Aviation Safety Agency (EASA) and whilst the Channel Islands are not obliged to implement EASA rules there are a number of areas where industry stakeholders have indicated that it would be prudent to do so.  Ensuring that we make the EASA standards work for us and that where appropriate we choose our own path has become an important – and growing – element of the DCA’s function.

 

The DCA is also the statutory registrar for the aircraft registry in Guernsey and has accountability for aviation security across the Channel Islands.

 

Routine Oversight Activities

 

There were a number of routine oversight audits undertaken during 2014 by the UK Civil Aviation Authority (across the Channel Islands) on behalf of the DCA.  In Guernsey there was an audit of air traffic services in the autumn that resulted in no major issues, although the inspectors did discuss with the PSD management team an outstanding finding from a previous audit regarding controller fatigue and rostering at Alderney Airport.  This has subsequently been resolved to the satisfaction of the DCA and a pragmatic solution put in place.  The airports continue to perform well and demonstrate a high level of compliance with international standards.

 

The next major audit will be undertaken during March 2015 to cover aerodrome licensing and will cover Guernsey and Alderney Airports.  Following discussion with the airline’s management, the UK CAA and Treasury and Resources, the DCA will also have observer status in Aurigny’s flight operations audit in April 2015.  This will allow the DCA to better understand Aurigny’s regulatory oversight and provide a local voice and assistance where appropriate.  It is envisaged that this will be extended to other Channel Islands operators in due course.

 

Handover of the DCA Role

 

Fergus Woods retired from the DCA role at the end of July 2014 after completing a detailed handover to Gus Paterson.  Fergus had spent some six years establishing then consolidating the Office of the Director of Civil Aviation and has left the Channel Islands with a strong independent statutory regulator.  The new DCA has completed the UK DfT Aviation Security Manager course since starting in post.

 

Co-operation with Guernsey

 

The shared DCA role continues to prove successful and resilient.  During 2014 work has centred on agreeing the Channel Islands Civil Aviation Security Programme (as described below) and the handover to the new DCA (as above).  We have also brought into place parallel legislation in both Bailiwicks dealing with Small Unmanned Aircraft (below).

 

In December 2014 the States of Jersey passed the new consolidated Air Navigation (Jersey) Law 2014[2] that brought the two Bailiwicks closer together in terms of their aviation legislation.  The DCA is also working closely with Jersey on the proposed implementation of the Single European Rules of the Air (SERA)[3]; consultation started towards the end of 2014 and will continue into 2015 before a final decision is made in this area.

 

Small Unmanned Aircraft (“Drones”)

 

In both Jersey[4] and Guernsey[5] the DCA has established a proactive regulatory regime for dealing with Small Unmanned Aircraft (SUAs).  Such vehicles are known by a number of industry and colloquial names including “remotely piloted vehicle”, “remotely piloted aerial system” and – most commonly – “drones”.  Broadly in line with the UK, simple rules are in place for the recreational use of SUAs with a permit system for commercial use that is broadly analogous to that for other aerial work.  At present there are less than five licensed commercial operators but this number is expected to grow quickly as the devices gain acceptance.  The DCA has been working with Ports of Jersey and the Guernsey Public Services department (operator of both Guernsey and Alderney airports) to raise awareness of the potential hazards to aviation and to ensure that the new rules are accessible and properly understood.  It is worth noting that all general provisions of the respective aviation laws in both Bailiwicks apply to SUAs in the same manner as other aircraft.

 

Miscellaneous Activities

 

Both Jersey and Guernsey are now included in the state of registry insurance policy led by the Cayman Islands.  This provides liability cover for the Bailiwicks should a locally registered aircraft be lost on the high seas where there is no “state of occurrence”.  Such co-operation allows us to benefit from the considerable scale of the Caymans’ operation and to keep the costs at a manageable level.

Following publication of the UK Air Accident Investigation Branch (AAIB) report[6] in to the crash of the Channel Islands Air Search aircraft at Devil’s Hole, Jersey on November 3rd 2013, the DCA worked closely with Air Search to assist in returning the service to interim operating capability in October 2014.  Air Search has implemented a number of improvements to operating practices and has introduced a safety management system and minimum equipment list.  Close dialogue continues with a further review scheduled for spring 2015 ahead of agreeing more permanent oversight arrangements.

 

Towards the close of 2014 we have been exploring the feasibility of developing a stand-alone identity for the DCA in a similar style to other pan-islands agencies.  This would allow for a clearer distinction between the aircraft registries and the regulator – a concern for when the Jersey Aircraft Registry launches mid-2015.  A decision will be made during 2015 with potential additional cost being the major consideration, although initial work suggests that this may not be significant.

 

Throughout the year the routine work of the DCA continued.  On a day-to-day basis requests are made by operators wishing to conduct aerial work, photography and survey flights, all of which require a permit from the DCA.  For 2015 a simplified permit style has been developed that enables a single document to be used for operators wishing to conduct activities in both Bailiwicks.  The DCA is also involved in the planning for events such as Liberation Day and the annual Air Show.

 

Aviation Security

 

Perhaps the most important achievement of 2014 has been the formal recognition by the EU of both Guernsey and Jersey applying aviation security measures equivalent to the EU common basic standards. This has been a complicated and detailed project which has benefited from the ongoing standardised approach to aviation security by both islands.

 

The result of this work is that flights from the Channel Islands into the EU are treated as domestic flights for security purposes – enabling passengers to make direct connections through European hubs in the same way that they do though UK airports.  We have also maintained our UK domestic status and comply voluntarily with the more stringent security measures in force there.

 

The year has seen further work establishing the Channel Islands Aviation Security Quality Control Programme and a number of operational audits at the airport have been carried out by the Deputy DCA to verify the security measures are effective and properly implemented in accordance with the provision of all relevant security legislation.

 

The transfer of compliance oversight in the UK for aviation security from the Department for Transport (DfT) to the Civil Aviation Authority (CAA) is complete and the work to incorporate this new arrangement in the UK to the Channel Islands is now in the final stages and should be finalised in the first half of 2015. This will facilitate the oversight of security measures required by the UK and EU.

 

The Aviation Security (Guernsey) Direction 2012[7] was again amended in 2014. As previously advised this is likely to be updated on an annual basis to keep up to date with the latest developments and threats. The parallel document was also amended in Jersey to maintain equivalent measures.

 

The security environment is continually evolving and we work closely with the UK DfT and CAA in our oversight of local arrangements to ensure that passengers and airlines encounter a standardised approach to aviation security. 

 

DCA Contacts

 

If you have any questions about anything contained in this report or any other aspect of aviation in the Channel Islands, please contact:

 

Gus Paterson

Director of Civil Aviation

Terminal Building, Guernsey Airport, La Villiaze, Forest, GY8 0DS

 

gus.paterson@commerce.gov.gg

 

(01481) 230091 or (07839) 299066


[1] Available from the DCA – shortly to be posted to the DCA website at www.gov.gg/dca

[2] See http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce\htm\LawFiles\2014%2fL-24-2014.htm

[3] The full text of SERA is published in Commission Implementing Regulation (EU) 923/2012 at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:281:0001:0066:EN:PDF

[4] See hyperlink at 2 above – s52

[5] In Guernsey two laws apply.  See The Air Navigation (Restriction of Flying) (Small Aircraft) Regulations 2014 at http://www.guernseylegalresources.gg/article/113959/No-53---The-Air-Navigation-Bailiwick-of-Guernsey-Restriction-of-Flying-Small-Aircraft-Regulations-2014 and s37 of the Air Navigation (Guernsey) Law 2012 at http://www.guernseylegalresources.gg/article/109460/Air-Navigation-Bailiwick-of-Guernsey-Law-2012-Consolidated-text

[6] Published in the AAIB October 2014 Bulletin, at p87: http://www.aaib.gov.uk/cms_resources/AAIB%20Bulletin%2010%2D2014%2Epdf

 

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