Regulatory Reform

INTRODUCTION

The Air Navigation (Overseas  Territories) Order (ANO) is a set of regulations aimed at ensuring that Seychelles as a Contracting State to the International Civil Aviation Organisation (ICAO) Convention (known as the Chicago Convention) promulgates up-to-date regulations consistent with the Annexes to the Convention. The current ANO dates back to 1976 and is significantly out of date with latest amendments to the ICAO Convention Annexes. Since 1976, it has only been amended once which was for the most part an editorial amendment to replace the term “Governor” (as utilised pre-independence) to “Minister” (post-independence).

During audits of Seychelles as a Contracting State in 2000 and 2007, ICAO raised findings in the area of legislation (LEG) to the effect that the ANO has not been reviewed or amended since 1976 to keep pace and compliance with all the technical standards of ICAO Annexes. In addition, it has also not kept pace with amendments to the convention itself eg. Article 83 bis (transfer of State of Registry functions). As part of its corrective action plan, AUTHORITY had to take steps to revise the ANO as well as establish a more effective system commensurate with its resources where the regulations are kept up-to-date.

ICAO provides two methods for States to consider implementing to ensure regulations remain up-to-date. These are “Adoption (by reference)” and “Adaptation (rewrite)” of foreign standards. The Authority has since adopted a two-step process to address these issues, promulgation of a modern and up-to-date set of technical standards that comply to the Annexes to the ICAO Convention and review of the ANO thereafter to ensure that conflicting and redundant provision are removed.

In 2005, following due consideration by the Authority, it was determined that considering the resources of the Authority, the level  and complexity of aviation activity in Seychelles and the sheer magnitude of ICAO Annexes (18 in total) and associated standards and recommended practices, the most cost effective and efficient process would be that of “Adoption(by reference)”.  Historically Seychelles had always made use of foreign standards to regulate aviation activities. As part of the Authority’s immediate corrective action it promulgated the Civil Aviation (Civil Aviation Directives) Regulations, 2005 and subsequently a series of Civil Aviation Directives (CADs) incorporating technical standards to achieve the objective of up-to-date technical standards that would comply with Annexes to the ICAO Convention. From 2005 to 2010, the Safety Regulation Division of the Authority has been working to implement these new standards and associated systems and procedures.

From 2011, review commenced on the ANO. In its current form the ANO contains out-dated provisions that are also redundant and conflicting in some cases to the technical standards (complying with Annexes to the ICAO Convention) incorporated using the Civil Aviation (Civil Aviation Directives) Regulations, 2005.

A new draft set of civil aviation regulations are proposed as Civil Aviation (Safety) Regulations, 2013.
 

AMENDMENTS

The draft substitute regulations are attached and in summary the changes are as follows:

1.         Change of title

A change of title to “Civil Aviation (Safety) Regulations, 2013” in line with a modern format currently in use in aviation. It also reflects the fact that these address the “Safety” provisions of the ICAO Annexes whilst the Authority promulgates other civil aviation related regulations.

2.        Regulator

In accordance with the Civil Aviation Authority Act, 2005 and most civil aviation regulations as recommended by ICAO, the regulator or person discharging the set of civil aviation regulations for the purpose of safety of air navigation is now vested with the Seychelles Civil Aviation Authority, thereafter referred to as the “Authority” and delegated authorised officers. Therefore the word “Minister” has been substituted with “Authority” to reflect the intent of the Civil Aviation Authority Act, 2005 whilst still preserving the intent of the Civil Aviation Act, 2005 ie. the Minister still continues to prescribe “regulations”

3.        Deletion of technical provisions

All technical provisions which in most cases are repetitive or conflicting with technical standards promulgated have been removed from the ANO. For example, such matters as equipment to be carried for different types of operations, documents to be carried, contents of operating manuals, composition of licences and ratings etc…

These new set of regulations can hence be viewed as high level regulations that would regulate all the major elements of the ICAO Annexes without the technical details or means of compliance to the regulations. They can best be described as root regulations promulgated by the Minster responsible for aviation, which pave the way for the Authority to promulgate the applicable technical standards consistent with the ICAO Annexes.

For example, Regulation 38 of the new regulation states:

“A person shall not conduct commercial air transport in a Seychelles registered aircraft other than in accordance with directives issued by the Authority.”

By virtue of Civil Aviation (Civil Aviation Directives) Regulation, 2005, Civil Aviation Directive 38 will incorporate a set of technical standards by reference that would regulate and advise all the operators on any matter to do with Commercial Air Transport.

Using this mechanism, the technical standard still continues to be a legal requirement to be met prior to conducting commercial air transport in Seychelles and these standards are kept up-to-date by more capable competent authorities.
 

4.        New provisions

               To cater for a host of amendments to the ICAO Annexes in recent years, new provisions havehad to be introduced. These are as follows:

                - Review of prohibited behaviour in aviation (alcohol and psychoactive substance abuse)

                - Introduction of fatigue management for air traffic controllers

                - Carriage of Dangerous Goods

                - Aerodrome certification

                - Provision of Air Navigation Services

                - Procedures for Air Navigation Services

                - Safety Assessment of foreign operators and aircraft

                - Powers of the Authority

                - Authority Matters- Safety Oversight

4.            Industry Review and Comments

                The aviation industry is invited to review and comment on the Draft Civil Aviation (Safety) Regulations, 2013
                The period available for review and comment shall extend to 17th May 2013.

                Comments or queries made be sent in writing to Deputy General Manager- Safety Regulation

                Mr Gerard Sicobo : This email address is being protected from spambots. You need JavaScript enabled to view it.