Flight Crew Licensing Chapter 5

INTRODUCTION

5.1 Requirement. The Learning Objectives and the Syllabus for 010 Air Law require the
student to have knowledge of the SARPS detailed in Annex 1 (Personnel Licensing). However,
the EASA requirement for Flight Crew Licensing is contained in JAR-FCL and there are questions
in the CQB relating to JAR-FCL. Where there are JAR differences from Annex 1, these will be
highlighted.

5.2 International Standard. Each Annex to the Chicago Convention includes a supplement,
which is a summary of the changes notified by each state (in alphabetical order) under article
38 of the convention. The supplement for Annex 1 is the biggest of all the annex supplements
and signifies the disparity in flight crew licensing around the world. It must be stated that the
FAA, the JAA and certainly the UK CAA have not, and never have, adopted the requirements of
Annex 1 (crew licensing and medical requirements) as a standard. Each authority has specific
rules, to which, JAR-FCL is the JAA standard applied in Europe. It must be emphasised that
the inclusion of information from Annex 1 in this manual is for information only (to enable
you to pass the exam) and must not be relied upon for any matters relating to the issue of, or
maintenance of your flight crew licence.

5.3 European Standard. The licensing of pilots (also Flight Engineers) to JAR requirements
is in accordance with the requirements of JAR-FCL parts 1, 2 3 and 4.

JAR-FCL 1 covers the licensing of pilots of aeroplanes

JAR-FCL 2 covers the licensing of helicopter pilots
JAR-FCL 3 covers the medical requirements for licensing of aircrew
JAR-FCL 4 covers the licensing of Flight Engineers (Systems Panel Operators)

DEFINITIONS

5.4 Definitions. When the following terms are used in the standards and recommended
practices of Annex 1, they have the following meanings:

5.5 Pilot-in-Command (PIC). The PIC is the pilot who is responsible for the safety of the
aircraft and compliance with the rules of the air, during flight time.

5.6 Commander. A pilot designated by the operator who is qualified as PIC, who may
delegate the responsibility for the conduct of the flight to another qualified pilot.

5.7 Co-pilot. A licensed pilot serving in any capacity other than PIC but excluding a pilot
who is on board for the sole purpose of receiving instruction.

5.8 Flight Time. The total time from the moment an aircraft first moves under its own
power for the purpose of taking off until it comes to rest at the end of the flight (synonymous
with block to block or chock to chock).

5.9 Instrument Ground Time. Time during which a pilot is practising, on the ground,
simulated instrument flight in a synthetic flight trainer (see def) approved by the authority.

5.10 Rating. An authorisation entered on or associated with a licence and forming part
thereof, stating special conditions, privileges or limitations pertaining to such a licence.

67
Aircraft Technical Book Company
http://www.ACTechbooks.com
Chapter 5 Flight Crew Licensing

5.11 Synthetic Flight Trainer. Any one of the following three types of apparatus in which
flight conditions are simulated on the ground:

Flight Simulator, which provides an accurate representation of the flight

deck of a particular aircraft type to the extent that the mechanical, electrical,
electronic, etc. aircraft systems control functions, the normal environment of
flight crew members, and the performance and flight characteristics of that
type of aircraft are realistically simulated;

Flight Procedures Trainer, which provides realistic flight deck environment

and which simulates instrument responses, simple control functions of
mechanical, electrical, electronic, etc. aircraft systems and the performance and
flight characteristics of aircraft of a particular class;

Basic Instrument Flight Trainer, which is equipped with appropriate

instruments, and which simulates the flight deck environment of an aircraft in
flight in instrument flight conditions.

GENERAL RULES CONCERNING LICENSING

5.12 Authority to Act as Flight Crew. A person shall not act as a flight crewmember of an
aircraft unless a valid licence is held showing compliance with the specifications of Annex 1 and
appropriate to the duties to be performed by that person. The licence shall have been issued by
the State of Registry of that aircraft or by any other Contracting State and rendered valid by the
state of Registry of that aircraft.

5.13 Re-issue of a JAA Licence. The period of validity of a JAA licence is 5 years. Within
this period, the licence will be re-issued by the appropriate JAA authority under the following
conditions:

After initial issue or renewal of a rating

When paragraph xii. of the licence document is full
For any administrative reason
At the discretion of the JAA member State Authority when a rating is re-
validated

5.14 Rendering a Licence Valid. A Contracting State may validate a licence issued by another
authority, with the proviso that the period of validity is not to extend beyond the original period
of validity of the licence. A JAA licence (and associated ratings etc) issued in accordance with
JAR-FCL is to be accepted without further formality in any other JAA member state.

5.15 Validation of a non JAA licence for use in a JAA state. A non JAA licence that includes
an instrument rating (IR) may be validated for use in a JAA state for a period not exceeding one
year providing the basic licence remains valid in the state of licence issue.

5.16 Credit of Experience. The holder of a non-JAA licence may be credited with theoretical
knowledge and/or flying experience at the discretion of the JAA member state authority towards
the issue of a comparable JAA licence by that member state.

5.17 Privileges of a Licence. A pilot licence issued by a State grants the holder the privilege
to act as a pilot in aircraft registered in that state. A licence (or rating) holder is not permitted to
exercise privileges other than those granted by the licence or rating.

68
Aircraft Technical Book Company
http://www.ACTechbooks.com
Flight Crew Licensing Chapter 5

5.18 Medical Fitness. The holder of a licence is to hold a medical assessment certificate
issued in accordance with the requirements of Annex 1 Chapter 6 (Medical Provisions for
Licensing) or in the case of a JAA licence, JAR-FCL part 3. Holders of licences are not to exercise
the privileges of their licences if they are aware of any decrease in medical fitness standard
(either physical or mental). Licence holders are not to act in any capacity under their licence
whilst under the influence of any psychoactive substance. Licence holders are not to engage
in any problematic use (or abuse) of substances. Licence holders should seek the advice of
an approved aeromedical examiner (AME) before taking any medication over a prolonged
period.

5.19 Validity of Licences. A licence (or rating) is only valid if the necessary ratings or
certificates (including a medical certificate) are also valid. A licence or rating holder is to
maintain competence and meet the requirements for recent experience required by the licence
or rating, including the maintenance of a current medical assessment.

5.20 Validity of Ratings. A licence that includes a rating is only valid as long as the rating
remains valid. The periods of and methods of maintaining a rating are as follows:

5.21 Instrument Rating (IR). An IR is valid for a period of 12 months. It may be renewed
during the last three months of the period of validity of the rating. If an instrument rating test
for renewal of a rating is failed, the current IR is cancelled.

5.22 Normal Residency. The JAA consider 185 days per year to be required in a JAA
country in order to claim residency.

5.23 Class and Type Ratings. Multi engines class ratings and Type ratings are valid for 12
months. Single pilot single engine class ratings (including touring motor glider rating) are valid
for 2 years. Ratings are valid from the date of issue, or the date of expiry if re-validated within
the validity period. The method of renewal of ratings is by passing a pilot proficiency (skill)
test.

5.24 Medical Report Periods. Reports of medical fitness are to be submitted at intervals not
greater than:
CPL(A)/ATPL(A) - Class 1:
ICAO and JAA: 12 months to age 60 (age 40 if engaged in single pilot
operations), then 6 months thereafter.
MPL - Class 1:
ICAO: 12 months to age 60, then 6 months thereafter.
PPL(A)- Class 2:
ICAO: 6 0 m o n t h s t o a g e 4 0 , t h e n 2 4 m o n t h s t h e r e a f t e r
(recommended 12 months after age 50)
JAA: 60 months to age 40, then 24 months to age 50, then 12 months
thereafter.

5.25 Medical Examination Deferment. Annex 1 permits a licence holder is operating in

a remote area where medical examination facilities do not exist, at the discretion of the
authority. It must be stressed that this is not a JAA acceptable procedure and a pilot exercising
the privileges of a JAA licence must have a valid medical certificate in accordance with JAR-
FCL-3. The ICAO requirement for a medical examination may be deferred as follow:

For a period of 6 months for aircrew not engaged in commercial aviation.

Two consecutive periods of three months for aircrew engaged in commercial
air transport providing a favourable report is obtained after examination or
where no approved medical examiner is available a favourable report from a
medical practising physician. Such a report is to be sent to the authority of the

69
Aircraft Technical Book Company
http://www.ACTechbooks.com
Rules of the Air Chapter 6

HISTORY

6.1 Education. The rules of the air, like the rules of the road, have evolved as aviation
has advanced. Initially, aircraft flew without radios (radio hadnt been invented or when it
had, there wasnt an aeroplane big enough to carry the equipment!). Simple rules evolved to
attempt to reduce the risk of collisions. Remember, in 1920 an aeroplane flying at 80 or 90 kts
was travelling at a previously unimagined speed. Visual signals were required at aerodromes
to convey information to pilots and procedures evolved to allow orderly flight in the vicinity of
aerodromes and to permit visual navigation en-route. Between the 1920s and WWII, individual
states passed legislation to enforce the rules that had become established in those states. With
the expansion of commercial aviation during and after the war, the need for standardisation in
the rules was evident and this was one topic that was seriously addressed at Chicago in 1944.

APPLICABILITY OF THE RULES OF THE AIR

6.2 Annex 2. Annex 2 of the Chicago Convention details the ICAO Rules of the Air. As
mentioned above, the rules were primarily written in the early days for non-radio traffic and
some of the requirements may now seem out of date. However, there is still a considerable
amount of non-radio traffic in general aviation and those airmen are equally entitled to the
protection afforded to commercial air transport, and of course, there is always the possibility
of communication failure. The ICAO Rules of the Air apply to aircraft bearing the nationality
and registration marks of an ICAO Contracting State, wherever they may be, providing they do
not conflict with the rules published by the State having jurisdiction of the territory overflown.
The ICAO Council resolved in adopting Annex 2 in April 1948 and Amendment 1 in November
1951, that the ICAO Rules apply without exception over the high seas. (High Seas are defined as
the areas of sea outside the territorial limits of any State.) When an aircraft is flying within the
airspace of the state of registration, the rules of the air of that state (in the UK as published in
CAP393 - The ANO) are applicable. Indeed, for a UK registered aeroplane, the UK rules apply
wherever the aeroplane is flown providing there is no confliction with local rules. Where a UK
registered aircraft is flying over a foreign state, the rules of the air of that state apply. Do not
confuse Rules with Law! The application of the rules can be summarised thus:

UK registered aircraft over the UK - UK rules apply

UK registered aircraft over France - French and UK rules apply (French have
priority)
UK registered aircraft over the high seas - ICAO rules apply without exception

6.3 Applicable Rules. The operation of an aeroplane either in flight or on the movement
area of an aerodrome is to be in accordance with the general rules and, when in flight, either:

The visual flight rules (VFR), if the aircraft is flown in visual meteorological
conditions (VMC)
or
The instrument flight rules (IFR)

6.4 IFR or VFR? A pilot may elect to fly in accordance with the Instrument Flight Rules in
VMC (he/she may be required to do so by the ATS Authority in certain circumstances). A
pilot must fly in accordance with the IFR in IMC. If a pilot elects to fly VFR he/she must do so
only where VMC exist.

91
Aircraft Technical Book Company
http://www.ACTechbooks.com
Chapter 6 Rules of the Air

6.5 Visual Meteorological Criteria. To fly under VFR, the visual meteorological criteria
(VMC) must exist. This is defined by altitude (or Flight Level); flight visibility (the forward
visibility from the flight deck of an aeroplane in flight), and distance (horizontally and vertically)
from cloud, for the relevant classes of airspace. Classes of airspace are discussed fully in
Chapter 14 - Airspace but basically, specify what rules are permitted and what type of control (if
any) is applied by the Air Traffic Service. It is imperative that you know the VMC.

8km

Flight Visibility
8km
1000ft (300m)
Flight Visibility
1500m
1000ft (300m)

At and above 1500m

FL100 or 10 000ft
Below 5km
At and above
FL100 or 10 000ft Flight Visibility
Below 5km

Flight Visibility 1000ft (300m)

1500m

1000ft (300m)
1500m

CLASSES A; B; C; D and E airspace

CLASSES A; B; C; D and E airspace

Figure 6.1:
8km
CLASSES F and G airspace
Flight Visibility
At and above Distances From Cloud As Above
8km
FL100 or 10 000ft CLASSES F and G airspace
Below Flight Visibility
At and above 5km
Distances From Cloud As Above
FL100 or 10 000ft
Below Flight Visibility
5km
1000ft (300m)
Flight Visibility

1000ft (300m)
1500m

1000ft 1500m
(300m)

1000ft
3000ft
(300m)
5km*
3000ft
* Visibility may be reduced Clear of cloud and in sight of the ground (CCISG)
commensurate with aircraft speed 5km*

* Visibility may be reduced Clear of cloud and in sight of the ground (CCISG)
commensurate with aircraft speed

Figure 6.2:

92
Aircraft Technical Book Company
http://www.ACTechbooks.com
Rules of the Air Chapter 6

6.6 VMC Criteria Classes A, B, C, D and E Airspace. At and above 10,000 ft (FL100) the
flight visibility requirement is 8 km with 300m (1000 ft) vertically, and 1500m horizontally from
cloud. Below 10,000 ft (FL100) the flight visibility requirement is reduced to 5km.

6.7 VMC Criteria Classes F and G Airspace. At and above 10,000 ft (FL100) the flight
visibility requirement is 8 km with 300m (1000 ft) vertically, and 1500m horizontally from
cloud. Below 10,000 ft (FL100) but above 3,000 ft, the flight visibility requirement is reduced to
5km. Below 3,000 ft AMSL and within 1,000 ft of the surface (where surface elevation is above
3,000 ft) the flight visibility remains 5km but VMC would exist if the aircraft was clear of cloud
and within sight of the surface.

6.8 Pilot-In-Command Responsibilities. Definitions:

Commander: A designated pilot amongst the flight crew who is qualified

as Pilot-In-Command who may delegate the conduct of the flight to another
qualified pilot.
Pilot-In-Command (PIC): A pilot who is responsible for the operation and
safety of the aeroplane during flight time.
Pilot Flying (PF): The pilot, who for the time being, is in charge of the controls
of the aeroplane.
Pilot not Flying (PNF): The pilot who is assisting the pilot flying in accordance
with the multi-crew co-operation concept, when the required flight crew is more
than one.

6.9 Responsibilities. The commander is responsible for compliance with the Rules of the
Air. This applies whether or not he/she is at the controls. The commander has, however, the
overriding right to depart from the rules if it is absolutely necessary to do so in the interests
of safety. The commander is responsible also for planning the flight. In doing so he/she will
study all available weather reports and forecasts, and considering fuel available, will plan an
alternative course of action. The commander of an aeroplane has the final authority as to the
disposition of the aircraft whilst in command.

6.10 Intoxicating Liquor, Narcotics or Drugs. No person is to pilot an aircraft, or act as

a flight crew member of an aircraft, whilst under the influence of intoxicating liquor, any
narcotic or drug, by reason of which that persons capacity to act is impaired. ICAO does not
lay down any restrictions or maximum blood/alcohol levels for aircrew. However, JAR OPS-1
does. Aircrew are not permitted to exercise the privileges of their licences with a blood/alcohol
level exceeding 0.2 promille (20mg/100ml) about one quarter of the UK driving limit. ICAO
clearly states that no person may act as aircrew if he/she is under the effect of any psychotropic
substance. As professional pilots, you are expected to behave in an adult manner commensurate
with the responsibility placed on your shoulders concerning the safety of the passengers in
your care. This is an onerous duty which, if it is abused, will result in the full force of the law
being applied if you are found negligent in that duty.

GENERAL RULES

6.11 Minimum Heights. Except when necessary for take off or landing, or except by
permission of the appropriate authority, aircraft shall not be flown over the congested areas of
cities, towns or settlements or over an open-air gathering of persons, unless at such a height as
will permit, in the event of an emergency arising, a landing to be made without undue hazard
to persons or property on the surface. No specific heights are mentioned and this rule should
not be confused with the minimum height rules for IFR or VFR.

Note: The term aircraft level is used generally to mean flight level; altitude, or height.

93
Aircraft Technical Book Company
http://www.ACTechbooks.com
Chapter 6 Rules of the Air

Minimum Height

K Boxall
Figure 6.3: An aircraft must be flown at a height from which, in the event of an
An aircraft must
emergency, a be flown at
landing cana height fromwithout
be made which, inundue
the event of an to
hazard emergency, a landing
persons or canon
property bethe
made without undue hazard to persons or property on the surface
surface.

6.12 Cruising Levels. For flights at or above the lowest usable flight level or where
applicable, above the transition altitude, flights shall be conducted in terms of flight levels.
For flights below the lowest usable flight level or where applicable, at or below the transition
altitude, flights shall be conducted in terms of altitude.

Figure 6.4:

94
Aircraft Technical Book Company
http://www.ACTechbooks.com