Director of Civil Aviation Annual Report 2020

STATES OF JERSEY

DIRECTOR OF CIVIL AVIATION: ANNUAL REPORT 2020

Presented to the States on 4th March 2021

by the Minister for External Relations and Financial Services

STATES GREFFE

2021  R.31

REPORT

THE OFFICE OF THE DIRECTOR OF CIVIL AVIATION 2020 ANNUAL REPORT

By the Acting Director of Civil Aviation, Jersey

EXECUTIVE SUMMARY

Whilst 2020 started on a positive note, the year has ultimately proven to be challenging, due to the coronavirus pandemic that has severely impacted aviation activities across the Channel Islands. It has been necessary to adapt to this unprecedented and constantly evolving situation, which has been achieved by close collaboration between the Office of the Director of Civil Aviation (ODCA), the Government of Jersey (GoJ), the UK Department for Transport (DfT), the European Aviation Safety Agency (EASA), Ports of Jersey Ltd (POJL) and the general aviation community.

Throughout the pandemic, aviation safety has remained the top priority for the ODCA, demonstrated by the aviation industry's continued compliance to the regulations which have, on occasion, been subject to alleviations' put in place by either the UK Civil Aviation Authority (CAA) or the International Civil Aviation Organisation (ICAO).

At the time of this report (February 2021) the pandemic continues to challenge the way we all work together, however our industry has adapted well and I remain confident that the risks are managed at an acceptable level.

DIRECTOR OF CIVIL AVIATION, CHANNEL ISLANDS

In late November 2020 the incumbent DCA resigned from his post in Jersey, with immediate  effect.  The   Deputy  DCA  for  Jersey,  whose  background  is  in  aviation regulation, adopted the role as Acting DCA to ensure the smooth continuation of the DCA function.

UK TRANSITION FROM THE EU

At 23:00 on 31 December 2020 the UK left the European Union (EU) aviation system, and as such is no longer part of EU aviation institutions, including the European Union Aviation Safety Agency (EASA). This is relevant to Jersey as a Crown Dependency, as our air links with Europe are possible through agreements between the UK carriers and the EU. For example:

Freedoms of the Air: These are a set of commercial aviation rights granted to a country's airlines the privilege to enter and land in another country's airspace. A Trade and Cooperation Agreement between the EU and the UK was signed on 31/12/20 which honours the Freedoms of the Air.

ICAO AUDIT OF THE UK MEMBER STATE  

The International Civil Aviation Organization (ICAO) has confirmed its audit of the UK Member State in 2022; this could be as early as January, although more likely to be April/May. The audit will examine the aviation safety system of the UK in detail,

assessing its compliance against ICAO Standards and Recommended Practices (SARPs) across a number of technical areas.

The UK's membership of ICAO extends to the Crown Dependencies, including Jersey. It follows, therefore, that any audit of the UK's aviation safety system by ICAO could include an audit of Jersey.

Our preparation is essential to ensure a successful audit and with this in mind I have commenced a review of the ICAO State Aviation Activity Questionnaire (SAAQ) and Protocol Questionnaire (PQ), two key documents that will provide evidence to the UK and ICAO of Jersey's compliance to the SARPs. This preparatory work represents a significant undertaking and will continue throughout 2021; I remain very grateful to the support I have received from the Government of Jersey to assist in this task.

DCA REGULATORY OVERSIGHT (direct and through the CAA and EASA) The ODCA conducts its oversight either directly or through an agreement with the UK Civil Aviation Authority (CAA) and EASA, with the audits conducted on island and directly with the service providers being audited. The ongoing coronavirus restrictions have resulted in the need for the ODCA, CAA and EASA to adopt a different approach to normal, supported by ICAO policy. In this regard the external safety audits have been conducted as remote desk-top' exercises during the latter part of 2020, into 2021. Technology has played an important role in the success of these audits, whereby documentation and interviews have been made possible by high quality Information Technology (IT) and good connectivity. The following audits have been conducted remotely:

Air Navigation Service Provider (ANSP) – EASA led

ATCO (Air Traffic Control Officer) Training Organisation – EASA led Jersey Met – EASA led

Jersey Aerodrome – CAA led

The periodic Security Audit by the UK CAA has had to be deferred on several occasions, due to the need for them to attend in person to conduct their surveillance operations. In the meantime I remain in close contact with Ports of Jersey to ensure the Corrective Action Plans (CAPs) from previous audits, as well as its own internal surveillance activities and continuous improvement delivers an acceptable level of aviation security safety. The CAA is monitoring the COVID restrictions closely and remain committed to attending in person just as soon as conditions allow.

STATE SAFETY PROGRAMME (SSP)

ICAO requires its Member States to establish a SSP for the management of safety, in order to achieve an acceptable level of safety performance in aviation safety. The SSP shall  include:  Policy  and  Objectives,  Risk  Management,  Assurance  and  Safety Promotion and should be commensurate with the size and the complexity of its aviation activities.

The UK's SSP is established and available here. A SSP requires that service providers under its authority implement a Safety Management System; for Jersey this involves

approved maintenance organisations, Air Traffic Services and Aerodromes. A SSP also provides a tangible and evidence-based record of the activities of the ODCA and how its regulatory oversight is delivered.

With the ICAO audit due in 2022, I believe it is important that Jersey publishes its own SSP, proportionate to the size and complexity of aviation activities across the island, not only to manage safety but to clearly define to its service providers their role in safety. To this end I have drafted an SSP which is at consultation stage with the Government and will be published in the coming weeks.

DCA WORKING MEETINGS WITH DfT and CAA

State Safety Board (SSB)

I represent Jersey at the DfT SSB, which is in place to lead the delivery of, and support the UK Director General of Civil Aviation in carrying out their responsibilities and to monitor delivery of safety programmes and monitor the top safety risks to the UK.

The SSB provides opportunities for good communications between authorities and helps drive the effective implementation of the UK SSP. It meets bi-annually with a standing agenda  that  covers  subjects such as: Safety  risk  picture,  Domestic  objectives and priorities,  International  objectives  and  priorities  (covering  any issues relating to the  Crown  Dependencies)  and topical deep dives'  into  safety  issues,  e.g.  the risks of lithium-ion  batteries.  

Crown Dependencies and CAA International

CAAi normally hosts an annual Crown Dependencies (CDs) meeting, held at their offices in the UK. This meeting is valued by the DCAs by providing a forum to share a wide range of aviation issues that affect all CDs. Due to the coronavirus pandemic, the meeting didn't take place in 2020 but it is hoped this can be scheduled for later in 2021. Universal Safety Oversight Audit: State Level Project Control Board

I represent Jersey at this newly formed Board, set up to drive forward the Project Plan for the ICAO audit of the UK. The Board will meet at regular intervals and will review delivery of the timeline and regular reviews of the associated risk register.

UNMANNED AIRCRAFT DRONE' REGULATIONS

The UK, along with the European Union, has introduced changes to its Regulations on Unmanned Aircraft, which came into effect on 31st December 2020. The changes are wide-ranging, introducing three categories of operation (Open, Certified and Specific)

as well as removing the distinction between commercial and non-commercial/leisure operations. This new Regulation builds on the earlier decision to require that anyone responsible for an unmanned aircraft or drone weighing between 250g and 20kg needs to register as an operator. In addition, anyone flying an unmanned aircraft or drone weighing between 250g and 20kg must take and pass an online education package, which is free of charge.

In February 2021 I will commence a review of the Unmanned Aircraft regulation in Jersey to determine whether it is appropriate to recommend the introduction of new legislation that reflects the new Regulation in the UK and the EU. Any proposed changes must be very carefully considered, along with the impact of such change.

Inez Bartolo

Acting Director of Civil Aviation Jersey

Useful documents: DCA Website

Acting DCA Newsletter