Mark Hales

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Regulation world

None of us needs reminding that there hasn’t been much aviating of late. The ‘virus’ has affected a great deal more than our freedom to access the sky, and even if it hadn’t, the weather has been particularly sporting. The odd sparkling day which has separated the various depressions, never seems to coincide with a day off, and besides, I’m still working through the job list which resulted from Messenger’s last spate of activity. And I’ve deliberately stayed away from tilting at the regulatory bodies, mainly because it’s better to find something more uplifting about which to write, but also because it’s a bit close to home… The following tale then, is less about individuals and more about the system.

“The newly purchased approval only allows him to sign the form”

A good mate, Geoffrey, owns a Sportcruiser. The sleek and curvaceous Czech-built, Rotax powered two-seater, made in traditional riveted aluminium. He bought it because he wanted something more modern, closer to his BMW instead of the venerable Jodel, which we shared for so many years. He isn’t a tinkerer – even though he’s well capable of tinkering – so he didn’t want the kit-built version, preferring to trust the factory’s oversight. I reminded him that such a choice would mean an ARC and occasion an annual visit to a Maintenance Organisation, with all that entails. “That’s fine by me,” he said, “I spend my working life in engineering but I don’t service my car. I’m very happy for someone else to do it…” 

His choice duly arrived and he flew it quite happily until the annual was due, when I suggested the obvious thing was to take it back to the people who did the last one. The aeroplane was out of the air for five months, during which time he was told he needed a new propeller. Not because there was anything wrong with the old one (it’s made of wood) but because someone had determined a calendar life. The maintenance people said the delay was mainly down to EASA and its paperwork, so Geoffrey eventually took matters into his own hands, and rang them. “I don’t know why you’re ringing me,” said the very helpful EASA man, “the UK CAA could have done this.” 

He did it anyway though, at the same time confirming that the rules had changed and there had been no need to replace the propeller… At long last, the aeroplane was ready, together with a bill for 10 grand… Which rather took the shine of Sportcruiser ownership, but at least Geoffrey had something to fly until the next annual. When that time came, I suggested he bring it Oop North. David the Engineer does the annuals for most of the North Coates certifieds (and the inspection on my Messenger), and he looks after a PS28 Sportcruiser. So it should be no problem. It would certainly be cheaper. 

“I can’t do this,” said David the Engineer, having leafed through an impressive pile of Sportcruising paperwork. “This is an EARLY Sportcruiser,” he said, “and it has an EASA Permit to Fly, not a CAA or LAA one… or a National CofA, or an EASA ARC. The distinction is certainly arcane, not least because like the EASA man said, the UK CAA issues EASA Permits on behalf of EASA.” 

The bottom line though, is that David would need a special approval to issue an EASA Permit, even if he already has all the other licences. I couldn’t find anyone else who had the approval either, but they are available from the CAA at £441 each (every two years), and only if you have all the aforementioned others. 

After several weeks, the shiny new approval arrived and with it the news that David couldn’t actually issue the Permit… The newly purchased approval only allows him to sign the form that says the manufacturer’s maintenance schedule had been followed to the letter (including the designated oils and greases). The issue itself would be done by the CAA surveyor who would have to come up from Gatwick, and would be checking that the manufacturer’s schedule had been followed to the letter etc, etc. 

I couldn’t find anywhere how much they intend to charge for this service, but none of it will happen until we send in the Application, priced at £470, or nearly twice the cost of an EASA ARC. The only question anyone can ask, is why? Even in Regulation World, where is the justification, other than They Can, therefore They Do. 

There is a punchline to all this. During my research into how any of it might be accomplished, I received an email from a CAA man, saying that EASA Permits will be withdrawn in January 2021, and replaced by CAA Permits. They didn’t say whether it will require a special approval… 

This isn’t a Warbird which falls outside a regulatory framework because of its weight and power, or a Cirrus or Diamond. It’s a Rotax-powered VFR two-seater, exactly like all the others bearing its name. The Regulators could sort this kind of anomaly with a simple stroke of the keyboard, like they did when Covid-19 arrived. Geoffrey nearly gave up flying over this, and he can’t be the only one. Whatever happened to that new dawn which gave us self-certifying medicals and owner maintenance…  

Working vintage aircraft and cars make Mark particularly happy.
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