Weathering The COVID-19 Storm: Malaysian Regulators' Measures To Ease Administration Of Aviation Operations - Aviation

On 7 June 2020, the Malaysian Government announced that Malaysia's Movement Control Order (MCO) would enter a "recovery phase" beginning 10 June 2020 and ending on 31 August 2020. The regulators of the Malaysian aviation industry, the Malaysian Aviation Commission (MAVCOM) and the Civil Aviation Authority of Malaysia (CAAM) have introduced measures in June 2020 to ease the administrative and regulatory challenges faced by the aviation industry during the Recovery Movement Control Order (RMCO) period.

MAVCOM's Measures

MAVCOM, in assisting airlines in their gradual preparations to resume full services, has removed paragraph 6 of the conditions attached to all valid traffic rights ("Condition 6") effective 5 June 2020 until further notice.¹

Condition 6 provides as follows:

"The airline shall commence its operations and utilise all of the air traffic rights issued to it within six months from the date of the grant of the approval to operate the air traffic rights as detailed in this letter. An air traffic right or the capacity of an air traffic right which has not been utilised by the airline upon expiry of the stipulated period shall be deemed revoked with immediate effect".

This removal of Condition 6, however, will not apply to air traffic rights that have already expired and automatically revoked prior to 5 June 2020, as well as for routes in which airlines have wilfully terminated on their own accord. The other remaining conditions attached to the air traffic rights remain valid.

MAVCOM has also announced that any further variation to the conditions attached to the air traffic rights, which may include the reinstatement of Condition 6, will be communicated to the airlines accordingly.²

CAAM's Measures

On 9 June 2020, CAAM, pursuant to Section 24O(3) of the Civil Aviation Act 1969, has issued a Civil Aviation Notice³ ("Exemption Notice") to exempt all operators, aircrew, aviation personnel, instructors, examiners, aircraft maintenance license holders and air traffic controllers from the standard validity period of approvals, certificates, licences and permits if certain conditions are met.

The Exemption Notice aims to provide relief to organisations and individuals wherever normal revalidation facilities are not available during the MCO period, while retaining the safety of aviation operations activities. The Exemption Notice came into effect on 10 June 2020.

The key components of the Exemption Notice are set out below.

Validity period of certificates issued to an operator

An operator is exempted from the standard validity period of the following certificates that expire from 1 June 2020 to 30 November 2020 if conditions are met:

Flight Operations Directive on Organization Requirements for Air Operations - ORO.GEN.135(a), (b) & (c) - Air Operator Certificate continued validity;
Flight Operations Directive on Organization Requirements of Flight Crew - (FOD10OR-16) ORA-GEN.135 (a) - Certificate of Approval, Certificate of Qualification, User Approval Certificate continued validity;
Flight Operations Directive Instruction in Flying for Flying Club - (FOC 10CL-16) - Chapter 2.1.4(a) - Certificate of Approval continued validity; and
Civil Aviation Directive on Ground Handling Services Requirements - (CAD GH 2020) - Chapter 2.5 (2.5.1) - Validity of Technical Approval Certificate.

The applicable conditions are as follows:

Certificate-holders must only exercise the certification privileges associated with the terms and conditions when no enforcement action is pending; and
Certificate-holders must maintain continued compliance with the other requirements prescribed in the abovementioned Directives.

If the said conditions are met, the validity of the abovementioned certificates may be extended to 31 December 2020.

Notwithstanding the above, CAAM may be required to conduct safety oversight activities for certificate-holders in Malaysia subject to allowance given under the MCO provided that the Standard Operating Procedure (SOP) in accordance with the National Security Council (NSC), Ministry of Health (MOH) and the State Governments are adhered to.

As for certificate-holders located abroad, the CAAM may be required to conduct safety oversight activities subject to allowance given under the MCO provided that the Standard Operating Procedure (SOP) in accordance with the National Security Council (NSC), Ministry of Health (MOH) and ICAO Contracting States are adhered to.

Validity period of endorsements and certificates issued to Air Traffic Control Officers

Air Traffic Control Officers (ATCOs) are exempted from the standard validity period of the ATCO licence renewal as per Air Navigation Services Regulatory Manual (ANSRM) 4.7 and ATCO language recurrent periodic assessment as per ANSRM 6.1.4 that expire from 18 March 2020 to 30 November 2020 if the following conditions are met:

For affected ATCO CEO Directive on Medical Requirements Class 3 medical certificate holders and Air Traffic Service Providers:
- ATCO who are unfit under Regulations 155, 156 and 157 of Civil Aviation Regulations 2016 or under additional medical surveillance should continue to comply with those requirements or risk the invalidation of their medical certificates and/or the applicability of this exemption to them;
- The Air Traffic Service Providers must closely monitor the health status of the operational ATCOs;
- ATCOs with medical certificates expiring from March to June 2020 must sit for the medical assessments and licences must be renewed before 10 July 2020.
For ATCO language recurrent periodic assessments, affected ATCOs must ensure that they are able to sit for assessments that will be scheduled as soon as the conduct of assessment is possible.

If the said conditions are met, the validity of the endorsements and certificates may be extended until 31 December 2020.

Notwithstanding the above, Air Traffic Services providers may conduct training and examinations for proficiency and validation subject to safety risk assessment to mitigate any risk in training when traffic builds up within a short period.

Validity of approval, permit and licence issued in accordance with certain Airworthiness Notices

Operators, organisations and persons may be exempted from the standard validity period of the following approvals, permits and licences that expire from 18 March 2020 to 30 November 2020:

Notice 1101 (6.5) and (9.1) - aircraft maintenance licence;
Notice 1201 (5.12)(a) - maintenance training organisation;
Notice 6102 (5.1)(a) and (18.2) - continuing airworthiness management organisation;
Notice 6102 (10.6) - airworthiness review staff/approved signatory;
Notice 6501 (9.2)(b) & (d) - aircraft maintenance organisation;
Notice 6502 (22.2) & (22.5) - limited maintenance organisation approval;
Notice 8301 (5.0) - certificate of airworthiness;
Notice 8305 (8.1) & (9.0) - permit to fly; and
Notice 8401 (5.1) & (16.1) - design organisation approval.

The conditions for the standard validity period to be extended to 31 December 2020 are as follows:

There is no enforcement action pending against the holders of the approval, permit and licence;
Holders of the approval, permit and licence must maintain continued compliance with the other requirements prescribed in the Airworthiness Notices;
Holders of aircraft maintenance licence and approved signatories must notify their respective Quality Managers within their organisations. The Quality Managers must provide to CAAM on a periodic basis the list of affected licences and approved signatories; and
Approved organisations must have a process and procedure to monitor, control and manage their exercising of the certification privileges including proper recording of certification on continuing airworthiness and maintenance related activities accomplished under this exemption.

CAAM's Exemption Notice provides that this exemption is applicable automatically and there is no application required.

Validity of Certificate of Aerodrome

Subject to conditions, holders of certificate of aerodrome may be exempted from the standard validity period of the following certificates that expire from 18 March 2020 to 30 November 2020:

Aerodrome Standards Directive 103 Volume 1 Chapter 7 (7.1) - Duration of certificate; and
Aerodrome Standards Directive 103 Volume 1 Chapter 8 (8.1) - Renewal of certificate.

The conditions for the standard validity period to be extended to 31 December 2020 are as follows:

The certificate-holders must only exercise the certificate privileges associated with the certificate of aerodrome when there is no enforcement action pending;
Certificate-holders must maintain continued compliance with the other requirements as prescribed in the Aerodrome Standards Directives and the ICAO Annex 14; and
Certificate-holders must conduct safety audit and submit safety audit report to CAAM before 31 October 2020.

Notwithstanding the above, CAAM requires operators to conduct their own safety assessment to mitigate any risks in flight operations in relation to this exemption.

Way Forward

While the above exemptions would ease the operations of many organisations and persons affected by the MCO, it remains prudent for holders of the approvals, permits, certificates and licences to submit their applications for renewal to the regulators at the soonest opportunity. Pursuant to the RMCO, CAAM has resumed its business operation since 10 June 2020, and its One Stop Centre (OSC) has resumed its normal operating hours since 10 June 2020, with health and safety guidelines in place.⁴ The Malaysia Aviation Academy (MAvA) has also resumed its training, courses and activities from 29 June 2020.⁵

Footnotes

1. Air Traffic Rights Bulletin (May/June 2020) dated 9 June 2020, Malaysian Aviation Commission. Source: https://www.mavcom.my/en/2020/06/09/air-traffic-rights-bulletin-may-june-2020/ (accessed on 25 June 2020).

2. Ibid.

3. Civil Aviation Notice No. CAN 3/2020 dated 9 June 2020, Civil Aviation Authority of Malaysia. Source: http://www.caam.gov.my/wp-content/uploads/CIVIL_AVIATION_NOTICE_CAN_3-2020.pdf (accessed on 25 June 2020).

4. Notice On CAAM Operations, Notice 9/2020 dated 9 June 2020, Civil Aviation Authority of Malaysia. Source: http://www.caam.gov.my/wp-content/uploads/NOTICE_ON_CAAM_OPERATIONS_9-2020.pdf (accessed on 25 June 2020).

5. Notice On MAvA Operations, Notice 10/2020 dated 24 June 2020, Civil Aviation Authority of Malaysia. Source: http://www.caam.gov.my/wp-content/uploads/NOTICE_ON_MAvA_OPERATIONS_10-2020.pdf (accessed on 25 June 2020).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Malaysia: Weathering The COVID-19 Storm: Malaysian Regulators' Measures To Ease Administration Of Aviation Operations