IATA Aircraft Lease Guidance

Guidance Material for aircraft leasing Guidance Material for aircraft leasing

07.06.2021 Views

Guidance Material and Best Practices for Aircraft Leasescockpit door with a monitor in the cockpit instrument panels to a solution where just a spyhole in thecockpit door is sufficient. Even among the EASA countries there are multiple differences in interpretation.The reason for this abundance of interpretations is that there are many stakeholders involved. Thisrequirement followed the 9/11 attacks and was agreed at ICAO level later in 2001 in consultation with thestakeholders. The text of the requirement was actually a compromise to meet their various interests. Itincludes a number of phrases that are not clearly defined and thereby cause different interpretations bythe various stakeholders. These phrases are:ooooMeans – A means is variably interpreted as a system (e.g. hardware, such as a video camera system),and a procedure, such as having an extra person in the cockpit during critical phases of flight;Monitoring – this phrase can be interpreted strictly, i.e. the area behind the cockpit door must beseen, or more broadly.Either pilot’s station – this is interpreted alternatively as requiring a monitor in direct view of bothpilots at the same time, when normally seated, or a monitor in view by one pilot within his normalfield of vision, or when turning his head and/or body. Broader interpretations have been accepted aswell. The FAA accepts as an interpretation for ‘either pilot’s station’ that a pilot stands up and uses aspyhole in the cockpit door. This interpretation has been approved by ICAO (see below under ‘USA’).Entire door area – is this the area immediately behind the door or broader, i.e. also including areasfurther away and not in a direct line of sight from the door via a spyhole.●StakeholdersThe stakeholders include the following parties:oooooCivil aviation (safety) authorityThe safety authority primarily wants the aircraft to have features that are airworthy and allow safeoperation.Civil aviation (security) authorityThe security authority has a different perspective and primarily aims to prevent unlawful intervention.Each state is required to have a National Civil Aviation Security Program (NCASP), the distribution ofwhich is kept to a minimum for obvious reasons. It is known however that some states have a ‘meansto monitor’ interpretation in the NCASP that is more stringent than that of the aviation authority.However, the secret nature of the NCASP makes this information unavailable to potential operatorsor owners of aircraft operated in that country.Pilots, represented by pilot unionsPilots have an interest in the best means, which currently is a video camera, and in some cases thepilot unions, rather than the national aviation safety or security authority, convinced air operators toinstall video cameras.Cabin crew, represented by cabin crew unions and passengers, protected by privacy regulationsIn some countries, simple solutions were found acceptable for privacy reasons of cabin crew and/orpassengers. The passenger cabin may be regarded as a private area rather than a public area.Ramp inspectorsEASA leaves the interpretation of the means for monitoring requirement to the national authoritiesoverseeing air operators, except that it has provided guidance to ramp inspectors under the SAFA40 4 th Edition 2017

Deliveryprogram, which effectively says that the best option is CCTV and all other options would raisefindings.oAir operatorsThe air operators are the obvious stakeholders which have to deal with all the stakeholdersmentioned above.●USAUSA does not interpret the ‘means to monitor’ as a requirement for video cameras.When embodying the ICAO requirement into its regulations, the US FAA specifically allowed optionsother than a video camera. In its preamble to that rule 14 the FAA substantiates its choice by stating that it:‘Has met the intent of the ICAO requirement to monitor from either pilot's station the entire door areaoutside the flight crew compartment. ICAO guidance permits operators to use different methods to monitorthe area outside the flight deck door. The monitoring does not have to take place from “either pilot'sstation,” as a plain reading of the ICAO standard indicates. According to ICAO, use of a spyhole or peepholewould satisfy the requirement to monitor the area outside the flight deck door. Since this final rule adopts aperformance standard that contemplates the type of system that ICAO states is sufficient to meet the ICAOstandard, the FAA determines no difference exists’.3.4 BilateralsThe purpose of airworthiness bilaterals (bilateral agreements) is to accommodate transfers of aircraftbetween states by reducing duplication of certification activities. Bilaterals define in which cases theimporting state can fully rely on the exporting state and in which cases additional certification or approvalwork is needed. Bilaterals may be limited to design approvals only, such as TCs, STCs and repairs, but mayalso extend to ADs and maintenance organization approvals. An important bilateral is that between the USand the EU.Importing aircraft into either the EU or US or exporting from either the EU or US will in some cases bedifficult. One such difficult case is the import of an aircraft from Japan into the EU. The componentcertification is not recognized by the EASA, which means every component needs to be re-certified to EASAstandards. The same situation would apply to Japanese STCs which are not EASA approved.SummaryGenerally, the process of induction of an aircraft into airline’s fleet can be summarized in the following steps:●The Lessee requests and the Lessor provides documents and aircraft technical specifications forpotential candidate aircraft.14Docket No. FAA-2005-22449; Amendment No. 121-3344 th Edition 2017 41

Guidance Material and Best Practices for Aircraft Leases

cockpit door with a monitor in the cockpit instrument panels to a solution where just a spyhole in the

cockpit door is sufficient. Even among the EASA countries there are multiple differences in interpretation.

The reason for this abundance of interpretations is that there are many stakeholders involved. This

requirement followed the 9/11 attacks and was agreed at ICAO level later in 2001 in consultation with the

stakeholders. The text of the requirement was actually a compromise to meet their various interests. It

includes a number of phrases that are not clearly defined and thereby cause different interpretations by

the various stakeholders. These phrases are:

o

o

o

o

Means – A means is variably interpreted as a system (e.g. hardware, such as a video camera system),

and a procedure, such as having an extra person in the cockpit during critical phases of flight;

Monitoring – this phrase can be interpreted strictly, i.e. the area behind the cockpit door must be

seen, or more broadly.

Either pilot’s station – this is interpreted alternatively as requiring a monitor in direct view of both

pilots at the same time, when normally seated, or a monitor in view by one pilot within his normal

field of vision, or when turning his head and/or body. Broader interpretations have been accepted as

well. The FAA accepts as an interpretation for ‘either pilot’s station’ that a pilot stands up and uses a

spyhole in the cockpit door. This interpretation has been approved by ICAO (see below under ‘USA’).

Entire door area – is this the area immediately behind the door or broader, i.e. also including areas

further away and not in a direct line of sight from the door via a spyhole.

Stakeholders

The stakeholders include the following parties:

o

o

o

o

o

Civil aviation (safety) authority

The safety authority primarily wants the aircraft to have features that are airworthy and allow safe

operation.

Civil aviation (security) authority

The security authority has a different perspective and primarily aims to prevent unlawful intervention.

Each state is required to have a National Civil Aviation Security Program (NCASP), the distribution of

which is kept to a minimum for obvious reasons. It is known however that some states have a ‘means

to monitor’ interpretation in the NCASP that is more stringent than that of the aviation authority.

However, the secret nature of the NCASP makes this information unavailable to potential operators

or owners of aircraft operated in that country.

Pilots, represented by pilot unions

Pilots have an interest in the best means, which currently is a video camera, and in some cases the

pilot unions, rather than the national aviation safety or security authority, convinced air operators to

install video cameras.

Cabin crew, represented by cabin crew unions and passengers, protected by privacy regulations

In some countries, simple solutions were found acceptable for privacy reasons of cabin crew and/or

passengers. The passenger cabin may be regarded as a private area rather than a public area.

Ramp inspectors

EASA leaves the interpretation of the means for monitoring requirement to the national authorities

overseeing air operators, except that it has provided guidance to ramp inspectors under the SAFA

40 4 th Edition 2017

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