Sofema Aviation Services (SAS) considers key issues related to compliance, safety management, flight data analysis, data protection, and aircraft tracking – general requirements and state responsibilities.
Compliance with Laws
The operator bears significant responsibility for ensuring all operations adhere to the laws and regulations of the States in which they operate.
- Operator Responsibilities: The operator must ensure that all employees, when abroad, are aware that they must comply with the laws, regulations, and procedures of the States in which operations are conducted.
- Pilot Knowledge: The operator must ensure that all pilots are familiar with the regulations and procedures pertinent to their duties for the areas to be traversed, the aerodromes to be used, and the air navigation facilities relating to them.
- Operational Control: The operator (or a designated representative) retains responsibility for operational control of the flight. This responsibility can only be delegated to the pilot-in-command and to a flight operations officer/flight dispatcher.
- Emergency Violations: If an emergency endangers the safety of the aeroplane or persons and necessitates a violation of local regulations, the pilot-in-command must notify the appropriate local authority without delay. If required by the State where the incident occurred, the pilot must submit a report on the violation, with a copy sent to the State of the Operator.
Safety Management
Operators are required to integrate safety management into their organisational structure to mitigate risks.
- SMS Requirement: While the specific framework for Safety Management Systems (SMS) is detailed in Annex 19, Annex 6 requires the operator to establish and maintain a flight data analysis programme as part of its SMS.
- Flight Safety Documents: As part of its SMS, the operator must establish a flight safety documents system for the use and guidance of operational personnel.
Flight Data Analysis Programme (FDAP)
A Flight Data Analysis Programme (FDAP) is a proactive system for analysing recorded flight data to improve safety. Annex 6 sets specific weight and date thresholds for mandatory equipage and programme establishment.
Mandatory for Heavy Aircraft: The operator of an aeroplane with a maximum certificated take-off mass exceeding 27,000 kg must establish and maintain a flight data analysis programme as part of its SMS.
Newer Aircraft (2027): All aeroplanes with a maximum certificated take-off mass in excess of 15,000 kg with a passenger seating capacity greater than 19, and with a certificate of airworthiness first issued on or after 1 January 2027, must be equipped with a means to support an FDAP. Operators of these aircraft must also establish and maintain an FDAP.
- Recommendation: It is recommended that operators of aeroplanes with a certificated take-off mass in excess of 15,000 kg (regardless of date) should establish and maintain an FDAP.
- Non-Punitive Nature: The programme must contain adequate safeguards to protect the source(s) of the data in accordance with Appendix 3 to Annex 19.
Protection of Data
To encourage safety reporting and data collection without fear of retribution, strict protections are placed on flight recorder data (CVR and FDR).
- Cockpit Voice Recorders (CVR) and Image Recorders: States shall not allow the use of recordings or transcripts of CVR, Cockpit Audio Recording Systems (CARS), or Class A Airborne Image Recorders (AIR) for purposes other than accident or incident investigation, except under very specific conditions (e.g., related to a safety event in the context of SMS with de-identified transcripts, or criminal proceedings not related to an accident).
- Flight Data Recorders (FDR): Similarly, States shall not allow the use of recordings from FDRs or Aircraft Data Recording Systems (ADRS) for purposes other than investigation, unless subject to protections in Annex 19. Exceptions include use by the operator for airworthiness/maintenance, use in an FDAP, or when de-identified.
Aircraft Tracking
Operators must track their aircraft to assist in search and rescue (SAR) and operational control.
- General Requirement: The operator must establish an aircraft-tracking capability to monitor aeroplanes throughout its area of operations.
- Oceanic Operations (Standard): The operator shall track the position of an aeroplane through automated reporting at least every 15 minutes for portions of the flight in an oceanic area (airspace over waters outside state territory) under the following conditions:
- The aeroplane has a maximum certificated take-off mass of over 45,500 kg;
- A seating capacity greater than 19; and
- Where ATS obtains position information at intervals greater than 15 minutes.
- General Recommendation: For aircraft over 27,000 kg with more than 19 seats, it is recommended to track the position at least every 15 minutes where ATS intervals exceed 15 minutes, regardless of whether the area is oceanic.
- Risk-Based Variations: The State of the Operator may allow variations to automated reporting intervals based on an approved risk assessment process.
- Data Retention: The operator must establish procedures to retain aircraft tracking data to assist SAR in determining the last known position of the aircraft.
Next Steps
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Sofema Online (SOL), SafetyManagementSystem, AviationSafety, AviationRegulations, AviationCompliance, Sofema Aviation Serices (SAS), FlightOperations, ICAOAnnex6, FlightDataAnalysis, OperationalControl, AircraftTracking, ICAOAnnex19
