Comment Response Document 01-09 LAASG FTSG Proposals

Uk Caa

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Safety Regulation Group Licensing and Training Standards COMMENT RESPONSE DOCUMENT 01-09. LAASG FTSG PROPOSALS. Response to Consultation concerning Proposals to Permit Flight Training at Unlicensed Aerodromes. Date: 09 November 2009 Version: 1.00.01 - Public Release © Civil Aviation Authority 2009 CRD 01-09 CRD 01-08 LAASG FTSG Proposals Foreword The Light Aviation Airport Study Group (LAASG) was formed in 2005 to consider and develop policies for light aviation aerodromes. The LAASG proposed removing the requirement to conduct flying training from licensed aerodromes, and formed the Flight Training Sub-Group to develop detailed proposals. The FTSG proposals were approved for public consultation by the CAA early in 2008, and the public consultation documents were released on 07 April 2008. The consultation period closed on 10 July 2008. Following the public consultation process, the FTSG met on 02 October 2008 to consider the outcome. The FTSG agreed the specific recommendations as set out at 1.3.2 in this Comment Response Document. The comments received were transcribed, and this Comment Response Document was compiled. The Letter of Intent to amend the Air Navigation Order and the associated Impact Assessment take account of the comments received. UK CAA L&TS Section 2 ...

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• Publié par: Armyo
• Nombre de lectures: 27
• Langue: English

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        Safety Regulation Group    Licensing and Training Standards           COMMENT RESPONSE DOCUMENT 01-09.   LAASG FTSG PROPOSALS.     Response to Consultation concerning Proposals to Permit Flight Training at Unlicensed Aerodromes.                                           Date: Version:

09 November 2009 1.00.01 - Public Release

 

 

 

                                                                                          © Civil Aviation Authority 2009     CRD 01-09

 

  CRD 01-08

Foreword

LAASG FTSG Proposals

The Light Aviation Airport Study Group (LAASG) was formed in 2005 to consider and develop policies for light aviation aerodromes. The LAASG proposed removing the requirement to conduct flying training from licensed aerodromes, and formed the Flight Training Sub-Group to develop detailed proposals.

The FTSG proposals were approved for public consultation by the CAA early in 2008, and the public consultation documents were released on 07 April 2008. The consultation period closed on 10 July 2008. Following the public consultation process, the FTSG met on 02 October 2008 to consider the outcome. The FTSG agreed the specific recommendations as set out at 1.3.2 in this Comment Response Document.

The comments received were transcribed, and this Comment Response Document was compiled. The Letter of Intent to amend the Air Navigation Order and the associated Impact Assessment take account of the comments received.

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LAASG FTSG Proposals

     

   

  CRD 01-08 Contents    Foreword    Contents  Explanatory Notes   Section 1 IA 01-08 - Comment Response       Responsible Department and Officer   Chapter 1 Introduction          Introduction  Consultation Process     Chapter 2 Analysis of Comments          Introduction  Comments Received  Chart - Response Rate  Chart - Analysis of Responses  Intervention by the Aircraft Owners and Pilots Association (AOPA UK)  Chart – Daily Submission Rate of Responses  Chart – Comments Referring to AOPA UK Position  Increase in Noise Nuisance at Unlicensed Aerodromes  Contravention of Planning Regulations and Agreements  Reduction in viability of licensed aerodromes  Control and Oversight of Training at Unlicensed Aerodromes.  Unacceptable level of RFFS cover at Unlicensed Aerodromes  Legal Liability and Accountability  Applicability to other Flight Training Consistency of Rule 5 Provisions with Proposals  Applicability of Proposals to Helicopter Confined Area Training   Chapter 3   Conclusions and Recommendations    Conclusions  Recommendations          

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Explanatory Notes  

Note 1

LAASG FTSG Proposals

Where this document uses gender-specific words, the context should be taken to include the other gender.

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Section 1 – IA 01-08 – Comment Response.

1.0 Responsible Department and Officer. 1.0.1 Licensing & Training Standards. 1.0.2 Cliff Whittaker. Licensing & Training Policy.   Chapter 1 – Introduction.

LAASG FTSG Proposals

1.1.1 Introduction. 1.1.1.1 The Light Aviation Airports Study Group (LAASG) was established in 2005 as a forum for creative thinking and for the discussion and development of new proposals, relating to the regulation of light aviation aerodromes. Sub-groups were also established to develop more detailed proposals in specific areas. One of these sub-groups was the Flight Training Sub-Group (FTSG), formed to consider proposals to permit flight training at unlicensed aerodromes. 1.1.1.2 The CAA initiated public consultation on proposals to amend Article 126 of the Air Navigation Order 2005 to permit flight training at unlicensed aerodromes on 07 April 2008, with a closing date of 10 July 2008. At the close of the consultation period 199 comments had been submitted.   1.1.2 Consultation Process. 1.1.2.1 In accordance with Cabinet Office guidance on Better Regulation, the CAA has consulted the affected communities on the impact of flight training at unlicensed aerodromes. Formal public consultation opened on 07 April 2008 with the publication of the letter of consultation, IA 01-08. The letter of consultation was circulated to more than 1,000 addressees, and the consultation process closed on 10 July 2008. 1.1.2.2 The public consultation process yielded 199 responses from those consulted, a response rate of 20%. However, this figure is based on those directly consulted by the CAA, and does not take into account responses from those notified of the consultation indirectly. In particular the LAA notified its members of AOPA UK’s intervention, and this generated many responses from individuals who were not notified directly of the consultation. 1.1.2.3 Those seeking further information relating to the Impact Assessment process are recommended to view the following web site:   http://www.berr.gov.uk/bre/index.html   It should be noted that the format and process of Impact Assessments changed on 14 May 2007. IA 01-09 has been drafted according to the updated Better Regulation Executive guidance, and information relating to the previous format of Impact Assessment may have been withdrawn at the time of reading.

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1.1.2.5

   

LAASG FTSG Proposals

Readers who wish to refer to the material released in the public consultation are directed to the following web page:   http://www.caa.co.uk/default.aspx?catid=1710&pagetype=90

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LAASG FTSG Proposals

  CRD 01-08 Chapter 2 – Analysis of Comments. 1.2.1 Introduction. 1.2.1.1 The CAA received 199 comments in response to PLD IA 01-08. The outstanding feature of this consultation was the large number of comments received following the intervention of the Aircraft Owners and Pilots Association (AOPA UK) on 27 June 2008. AOPA UK’s stance became public knowledge between that date and 06 July 2008. This and other issues are examined in more detail in subsequent sections of this document. 1.2.1.2 A verbatim transcript of the comments is available via the CAA website. 1.2.1.3 Comments divided as expected into areas of particular concern. Comments that did not support the proposals related to: a. Increase in noise nuisance at unlicensed aerodromes, b. Contravention of local planning regulations and agreements, c. Reduction in viability of licensed aerodromes, d. Unacceptable level of control and oversight of training at unlicensed aerodromes, e. Unacceptable level of Rescue & Fire Fighting Service (RFFS) cover at unlicensed aerodromes, and f. Legal liability and accountability.   1.2.1.4 A large majority of comments supported the proposals, and these included comments relating to: a. Applicability to all relevant flight training, including gyroplanes, b. Consistency of Rule 5 provisions with proposals, c. Applicability of proposals to helicopter confined area training, and d. Additional provisions in the proposed Code of Practice relating to accountability and liability.

 

 

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LAASG FTSG Proposals

1.2.2 Comments Received. 1.2.2.1 The IA 01-08 LAASG FTSG consultation documents were distributed to 1,000 or more consultees, and 199 responses were received, a response rate of 20%. However, this does not include consultees who were not consulted directly but were notified by others. For example, the LAA advised many of its members of the consultation, and this prompted a significant number of responses. 1.2.2.2 Chart – Response Rate.

  1.2.2.3 Of the 199 responses received, 178 expressed support for the proposals, 13 did not support the proposals and 7 were not determined or did not express a settled view.   1.2.3.4 Chart – Analysis of Responses.

  1.2.3 Intervention by the Aircraft Owners and Pilots Association (AOPA UK). 1.2.3.1 On 27 June 2008 the Chief Executive of the Aircraft Owners and Pilots Association (AOPA UK) wrote to the Director of the CAA Safety Regulation Group (SRG), asking the CAA to consider “whether it is sensible to continue with the LAASG consultation given that EC216/2008 seems to cut right across the LAASG proposal”. The Director duly responded on 07 July 2008 to the effect that the consultation would continue. 1.2.3.2 AOPA UK’s position as stated in the Chief Executive’s letter of 27 June 2008 became public knowledge sometime between the 27 June and 07 July 2008. The first intimation of AOPA UK’s position in the responses received occurred on 03 July 2008.

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  CRD 01-08 LAASG FTSG Proposals 1.2.3.3 The Light Aircraft Association (LAA), on becoming aware that AOPA UK had expressed concern over the possible impact of EASA on the outcome of the consultation took a view on this and advised its members, encouraging them to submit comments in response to the consultation. Consequently there was a marked spike in the rate of submission of comments between 07 July and 10 July 2008, the last 4 days of the consultation period. The following chart illustrates this daily rate of submission of responses. 1.2.3.4 Chart – Daily Submission Rate of Responses.

  1.2.3.5 Responses that specifically referred to the AOPA UK concerns numbered 76 out of the total 199 responses. This forms 38% of the total number of comments received. Of this 38%, 97% did not support the AOPA UK position. 1.2.3.6 There was one response that supported AOPA UK’s request, either specifically or by implication 1 . 1.2.3.7 Chart – Comments Referring to AOPA UK Position.

  1.2.4 Increase in Noise Nuisance at Unlicensed Aerodromes. 1.2.4.1 Seven comments submitted raised concerns about increased noise nuisance at unlicensed aerodromes. Residents living near 2 aerodromes in particular, Monewden in Suffolk and Henstridge in Dorset, responded to the consultation. The

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LAASG FTSG Proposals

Monewden Action Group also informed their M.P., Sir Michael Lord, from whom the CAA Chairman received a letter 2 . 1.2.4.2 Should flying training commence at an unlicensed aerodrome where none has previously taken place, an increase in aircraft related noise is to be expected. This increase in aircraft noise may be exacerbated by the nature of flying training, where flying in the aerodrome circuit forms a higher proportion of flight than otherwise. 1.2.4.3 Should the proposals be implemented there may be an increase in flying training as a consequence of a reduction in operating costs for flying training providers. Some flying training providers may migrate away from licensed aerodromes, and some licensed aerodromes may decide not to continue with licensed operation. The net effect of the proposals on noise nuisance is expected to be a dispersion of flying training, and therefore noise nuisance, over a larger number of aerodromes, with an expected reduction in nuisance at existing licensed aerodromes. 1.2.4.4 In the case of Monewden and Henstridge there are existing noise nuisance issues. In the Monewden case these are subject to abatement measures by the local authority. Current legislation and regulation may not be sufficient to control noise nuisance by aircraft at aerodromes, and this may discourage local authorities from granting permission for a change of use to establish unlicensed aerodromes at which flying training may be undertaken. If local authorities believe their powers are insufficient to control noise nuisance by aircraft at unlicensed aerodromes, they may seek to have those powers expanded. 1.2.4.5 Whilst control of noise nuisance at unlicensed aerodromes through enforcement is not within the remit of the CAA, it is in the interests of the CAA and unlicensed aerodrome users that such noise nuisance be minimised. Accordingly the draft Code of Practice should be amended to include a section devoted specifically to control of aircraft noise. This may alleviate some of the concerns of local authorities and residents, and may become a prerequisite for grant of permission for change of use. 1.2.4.6 If voluntary control of noise nuisance is not effective, local authorities may seek legally enforceable remedies.   1.2.5 Contravention of Planning Regulations and Agreements. 1.2.5.1 A majority of the comments that raised noise nuisance issues also raised the related issue of failure to comply with planning regulations and agreements. This was a matter of particular concern to the Monewden Action Group, where they consider that the local flying club has been failing to comply with local agreements intended to control aircraft movements and noise. 1.2.5.2 The CAA has no authority in planning matters. Regulation governing planning matters is well established, subject to regular review and amendment, and the system of enforcement by local authorities is well established. However, the CAA is aware of the consequent potential effect of the proposed changes on planning matters.  

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