CAA-SI asked European Commission for granting exemption in accordance with Article 14 (4) of Regulation (EC) No 216/2008 with regard to deferring the applicability of Article 4a paragraph 1 on Performance-based Navigation (PBN) instrument rating privileges in Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 for pilots holding CPL/MPL/ATPL licences and instrument ratings (IR) who operate on behalf of CAT or NCC operators using aircraft that are not currently required to fulfill airworthiness requirements for full PBN operations. Such aircraft are limited in respect of PBN to operations in RNAV5 (B-RNAV) and RNAV1 (P-RNAV) i.e. PBN route flying. 

However, with effect from 25 August 2018 pilots flying such routes are mandated to hold full PBN privileges including PBN approaches. The result is in an anomaly between the pilot privileges required and the aircraft capability necessary. 

The exemption is intended to cover the gap of diverging applicability dates within Commission Regulations (EU) No 1178/2011 and is therefore time-limited until entry into force until 25 August 2020. 

Identification of the problem and regulatory framework

The requirements to train, test and periodically check pilots who fly in accordance with performance-based navigation (PBN) have been included in Commission Regulation (EU) No 1178/2011 and are applicable from 25 August 2018 to pilots that fly on routes and approaches that require PBN privileges.

  • Commission Regulation (EU) No 965/2012 allows operators to operate in PBN operations in designated airspace without approval, except in the cases of complex PBN operations - RNP AR APCH and RNP 0.3 for helicopter operations, in accordance with SPA.PBN.100.
  • The designated airspaces for PBN operations are defined by the navigation specifications: area navigation (RNAV) and required navigation performance (RNP).
  • The regulatory framework established for complex PBN operations (RNP AR APCH and RNP 0.3 for helicopter operations) in accordance with Commission Regulation (EU) No 965/2012 remains unchanged.
  • On 25 August 2020 all holders of an instrument rating (IR) have to comply with the PBN requirements. 

Reason for exemption

The related airworthiness regulatory framework for aircraft has not been changed yet. Aircraft certified to operate in PBN operations in area navigation 5 (RNAV5) and area navigation 1 (RNAV1) are fully compliant with the relevant regulations and have no additional limitation as specified in the operator’s documentation.

The pilot subject to this exemption cannot be qualified for PBN due to no available appropriately qualified FSTDs for the type(s) of aircraft mentioned above to undergo the required RNP approach training and checking.

Organisation / operator / person whom the exemption is granted to

Pilots holding CPL/MPL/ATPL licences and instrument ratings (IR) who operate on behalf of CAT or NCC operators and use aircraft not fulfilling all airworthiness requirements for full PBN operations, thus limiting to operations to RNAV5 (B-RNAV) and RNAV1 (P-RNAV).

This exemption allows pilots of an operator whose aircraft do not fulfill all airworthiness requirements as mentioned above to continue to operate on PBN routes, without complying with Article 4a point 1 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011.

These PBN routes are limited to designated airspaces area navigation 5 (RNAV5 (basic area navigation, B-RNAV)) and area navigation 1 (RNAV1 (P-RNAV)) only.

Duration of exemption

The duration of the exemption is limited to 25 August 2020. On this date all holders of an instrument rating (IR) have to comply with the PBN requirements. It is expected by that date that operators will have had sufficient time to modify/re-equip their aircraft.

What should pilot do? How to apply for individual exemption?

Operators have to provide the pilots subject to this exemption:

  • a declaration of completion of relevant training (initial and recurrent, as applicable) and checking for the PBN part specified in the operator’s documentation;
  • list of aircraft in fleet and description of PBN capability and reasoning how aircraft do not meet relevant airworthiness requirements.

The pilots have to send a copy of a document confirming the completion of such a training and checking to the CAA-SI and provide further evidence and description of experience on flying on relevant type of aircraft, including copy of logbook.

REMINDER - Initial training for PBN as part of instrument rating 

As of 25 August 2018 only approved training organisations (ATOs) may deliver training for obtaining the PBN privileges as part of an instrument rating.

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