Rules and Regulations

Already in the early years of the civil aviation industry it became clear, that
transporting passengers and goods with aircraft would not confine itself to
national borders. It was also clear, that there would always be a certain
amount of risk and danger inherent in aviation. Therefore local and later on
international lawmaking was inevitable.
Rules and regulations were worked out for the following reasons:
Protection of people on the ground
Protection of paying passengers and cargo Protection of cockpit and
cabin crews
Standardisation of activities within the civil aviation industry
worldwide
To ensure safe, airworthy and reliable civil aircraft operation

International
Organisations
ICAO
ECAC
JAA

Civil

Aviation

Authority

International Civil Aviation Organisation (Worldwide

Organisation of authorities)
European Civil Aviation Conference (European Organisation
of authorities)
Joint Aviation Authorities (European Organisation of JAA
member authorities)

National Civil Aviation Authorities

FOCA
lBA
DGAC
CAA
FAA

Federal Office for Civil Aviation (Swiss authority)

luftfahrt Bundesamt (German authority)
Direction General de I' Aviation (French authority)
Civil Aviation Authority (English authority)
Federal Aviation Authority (American authority)

International Operator Organisations

IATA
AEA

International Air Transport Association

(Worldwide organisation of operators/airlines).
Association of European Airlines
(European organisation of operators/airlines)

Switzerland started to take part in international aviation quite early. Bilateral

agreements were signed already in 1919 with England and France, 1920
with Germany and 1922 with Belgium.

Role of International Civil Aviation

Organisation (ICAO)
The ICAO is a worldwide union of aviation authorities and a sub organisation
of the United Nations (UN). Its headquarter is based in Montreal, Canada.
ICAO was established on 7th December 1944 in Chicago and Switzerland
became an ICAO member in 1947.
The basic rules and guidelines of the ICAO are laid down in the "Chicago
Convention". The objective of ICAO is to harmonise legal requirements as
well as standards and procedures for the civil aviation industry worldwide.
Different standards are published as annexes to the Chicago Convention.
These regulations are meant as a minimum standard and are issued as
recommendations. They are recognised partially or with the full content by
the civil aviation authorities.
The most significant annexes of the Chicago Convention are listed below:
Annex 1
Personal licensing
Annex 6
Aircraft Operation
Annex 7
Aircraft Nationality and Registration Marks
Annex 8
Airworthiness of Aircraft
Annex 10
Aeronautical Telecommunications
Volume 1 Part I: Equipment and Systems
Part II: Radio Frequencies
Annex 13
Aircraft Accident and Incident Investigation
Annex 16
Environmental Protection
Volume I: Aircraft Noise
Volume II: Aircraft Engine Emissions
Annex 18
The Safe Transport of Dangerous Goods by Air

Role of the Joint Aviation Authorities (JAA) Objectives of the JAA arrangements:
The Joint Aviation Authorities (JAA) are representing the civil aviation
authorities of a number of European states, who have agreed to cooperate
in developing and implementing common safety regulatory standards and
procedures. This cooperation is intended to provide high and consistent
standards of safety and a "level playing field" for competition in Europe.
Much emphasis is also placed on harmonising JAA requirements with those
of the USA.
JAA's work was started in 1970. Originally its objectives were only to
produce common certification requirements for large aeroplanes and for
engines. This was to meet the needs of European industry particularly for
products manufactured by international organisations (like Airbus). Since
1987 its work has been extended to design, production, certification,
operation, maintenance and licensing for all classes of aircraft and engines.
Common procedures and approval requirements have been introduced in
these fields of the civil aviation industry. Today a single Joint Certification
team working on behalf of all JAA countries is used for certification of new
aircraft and engines. After the successful completion of the evaluations,
Type Certificates are issued simultaneously and on a common basis by all
JAA member states.
JAA membership is based on signing the "JAA arrangements document",
which was first signed on September 11, 1990 in Cyprus by the then active
15 member states. The text of the arrangement includes the following
wording:
ARRANGEMENT
CONCERNING
THE
DEVELOPMENT,
THE
ACCEPTANCE AND THE IMPLEMENTATION OF JOINT AVIATION
REQUIREMENTS (JAR)
With this arrangement the JAA member aviation authorities commit
themselves to introducing the Joint Aviation Requirements (JAR) as
obligatory regulations within their countries. Introduction dates are thereby
determined depending upon the status of the JAR.
Implementation of the JAR will be controlled with the JAA Standardisation
Teams.

To ensure, through cooperation on regulation, common high levels of

aviation safety within the member states.
To achieve a cost effective safety system so as to contribute to an
efficient aviation industry.
To contribute, through the uniform applications of common
standards, to fair and equal competition within the member states.
To promote, through international cooperation, the JAA standards
and system to improve the safety of aviation worldwide.

Functions within the JAA arrangements:

To develop and adopt Joint Aviation Requirements (JAR) in the fields of
aircraft design and manufacturing, aircraft operations and maintenance as
well as the licensing of aviation personnel.
To develop administrative and technical procedures for the
implementation of JAR.
To implement JAR and the related administrative and technical
procedures in a coordinated and uniform manner.
To adopt measures to ensure, whenever possible, that pursuance of
the JAA safety objective does not unreasonably distort competition
between the aviation industries of member states or place
companies of member states at a competitive disadvantage with
companies of non-member states.
To provide the principal centre of professional expertise in Europe on
the harmonisation of aviation safety regulation.
To establish procedures for joint certification of products and
services and where it is considered appropriate to perform joint
certification.
To cooperate on the harmonisation of requirements and procedures
with other civil aviation authorities, especially the Federal Aviation
Administration (FAA).
Where feasible, to cooperate with other civil aviation authorities,
especially the F M, on the certification of products and services.
The JAA itself has no legislation power and cannot be held
responsible to implement the JAR in the member states. This
responsibility is delegated to the respective governments and their
civil aviation authorities.
The headquarter of the JAA is based in Hoofdoorp, Netherlands. Contact
can be made via the JAA homepage www.jaa.nl.
JAA membership is open to the Civil Aviation Authorities of the ECAC
member states.

* Candidate Member
Status of Revision: December 2001
JAA membership is open to the civil aviation Authorities of the ECAC
member states.

Secretary General

Regulation Director

Certification Sectorial

Maintenance
Sectorial Team

Operations Sectorial
Team

Licensing Committee

-JAR-11 Working
Group
-Catch-up Task Force
-Human factors
Steering Group

-JAR-22 Sailplanes and

Powered Sailplanes Study
Group
-JAR-23 Study Group
-All-Weather Operations Study
-Cabin Safety Study Group
-Design and Construction and
Equipment Study Group (D and
F Study Group)
-Flight Study Group
-ETOPS Working Group
-Power plant Study Group
-Structures Study Group
-Helicopter Airworthiness Study
Group
-AECMA Helicopter Study
Group
-JAR-36 Study Group
-Engine Study Group
-Piston Engine Sub Group
-JAR-P Sub-Group
-JAR TSO Study Group
-CNS/ATM Steering Group
-European Ageing Aircraft
Working Group

-Design Organisation
Approval Sub Cert.
Committee
-Production Sub Cert.
Committee
-Large Aeroplane Cert.
Committee
-Propulsion Sub Cert
Committee
-Rotorcraft Sub Cert
Committee
-General Aviation Sub
Cert. Committee
-JAR-21 Working Group
-JAR-21 Sub Cert.
Committee
-JAR-39 Working Group

-Jar-66 Working
Group

-Equipment SubCommittee
-Performance SubCommittee
-All Weather
Operations SubCommittee
-Helicopter SubCommittee
-EHA Helicopter Study
Group
-Manuals Study Group
-Operational
Procedures Study
Group
-Flight Crew and Cabin
Crew Study Group
-Synthetic Training
Device Advisory Board
-Synthetic Training
Device Working Group

-JAR-FCL Helicopter
Sub-Committee
-JAR-FCL Examinations
Sub-Committee
-JAR-FCL Medical SubCommittee
-JAR-FCL Type
Working

The JAA Board and the JAA Committee (JAAC)

The JAA is controlled by the JAA committee (JAAC) which works under the
authority of the Plenary Conference of the European Civil Aviation
Conference (ECAC) and reports to the JAA Board of Directors General.
The functions of the JAA Board are to determine the general policy and long
term strategy of JAA and to control the finances of JAA.
The JAAC shall consist of one representative nominated by each JAA
Member State, being an official of high level in its National Aviation
Authorities (NAA) with the responsibility for the technical aspects of aviation
safety regulation. The function of JAAC is to manage the work of JAA.

The Role of the National Aviation

Authorities (NAA).
In the present JAA system, the individual National Aviation Authorities
(NAA) retain the responsibility for aviation safety and the implementation of
JAR in their countries, and the issue, modification, revocation or suspension
of approvals, certifications and licences. The staff of the NAA will carry out
the work, nationally or in joint JAA teams, of the evaluations related to these
duties and also for the standardisation within JAA. The JAAC will have the
final decision on new safety requirements and the related procedures.
Where joint decisions by the NAA are needed, these are in principle made in
the JAA Committee (JAAC).
Standardisation visits are a vital part of the JAA System; they observe the
approval processes of the NAA's and raise any points of doubt. JAA
Headquarter will arrange and direct the process related to these visits by
NAA staff and coordinate and present the findings and proposed
standardisation recommendations to the
relevant NAA.
Where the recommendations are not agreed by the NAA, or any actions
taken by the NAA are not considered fully to meet the needs of the case, the
matter is normally referred to the Main Committee or the JAA Committee
(JAAC).
The NAA meet with industry and interested parties through the "High-LevelMeetings" on the future of JAA, the annual Joint Steering Assembly, the
three Joint I Boards (Manufacturers, Operators and Crew as well as in many
Committees, Working Groups and Study Groups.

The role of the Main Committees or

Sectorial Teams
Main rule making is performed by five Main Committees or Sectorial Teams
whose work is related to the specific functions of Regulation, Certification
including De- sign Organisation Approval (DOA) and Production
Organisation Approval (POA), Maintenance, Operation and Licensing. The
NAA members of these bodies act either as independent experts or
ultimately as representatives of their national authorities.
The normal membership may be authorities only (as for the Maintenance
and Certification Sectorial Teams) or it can include industry (as for the
Operation and Li- censing bodies). Any JAA member country has the right to
be represented in the Committees/Sectorial Teams.
The major roles of the Committees/Sectorial Teams may be as follows:
For new JAA codes and amendments to adopted codes in their
fields, to develop and draft the requirements, in consultation with
industry and taking account of the comments on Notice of Proposed
Amendment (NPA)
To approve procedures on behalf of JAAC or make
recommendations to the JAAC in relation to the approval of
procedures
When requested by the director, to advise on the policy and any
actions proposed to an NAA resulting from a recommendation
resulting from a standardisation visit that has not been satisfactorily
resolved.
To review major or long term exemptions granted by the NAA to
identify needs for regulatory change

JAA Standardisation Teams

The JAA standardisation teams are the corner stone of the JAA policy.
The teams are organised and managed by Headquarters. The staff are
required to meet various criteria specified by JAA, are seconded by the
NAA, and are working in this role for "central" JAA and not for their NAA.
They are responsible for studying the appropriate approval process as
applied by each NAA, with the aim' of establishing that JAA requirements
and procedures are being applied fully, satisfactorily and in a consistent
manner.
On the basis of their findings, they will raise any points of doubt with the
NAA concerned. Where the NAA agrees and accepts the finding, it will take
appropriate action. Where the NAA does not agree with the finding and/or
does not wish to act on the recommendation, the matter is referred by
Headquarters to the appropriate Committee/Sectorial Team.

JAA Maintenance Division

Is the division set up by the JAA Committee, composed of full time

maintenance experts, responsible for assisting each National Aviation
Authority in the achievement of common and harmonised standards with
regard to maintenance. The JAA maintenance division is the supervising
body for the maintenance sectorial team.

JAA Maintenance Committee or Sectorial

Team
Is the Committee/Sectorial Team set up by the JAA Committee composed of
one maintenance expert member from each National Aviation Authority plus
the JAA Maintenance Director, responsible for formulating new maintenance
JARs in co- operation with other interested or affected persons and working
with the JAA Maintenance Division on maintenance matters.

Safety Assessment of Foreign Aircraft

(SAFA)

Actions have been continued under the SAFA (Safety Assessment of

Foreign Aircraft) program launched in 1996 and which consists in
performing ramp inspections of operators flying to and from any ECAC
countries. The JAA developed procedures, ramp inspectors' handbooks and
an online database available through the JAA intranet, which allows all
ECAC members to access inspection re- ports from all countries involved in
the program.

Joint Steering Assembly / Group (StG)

The Joint Steering Assembly represents the JAA authorities as well as other
representatives of the industry.

Maintenance Standardisation Team (MAST) Maintenance Review Boards (MRB)

Is the team set up by the JAA maintenance division, composed of
maintenance experts, responsible for assessing the maintenance standard
achieved in each country and providing timely advice and guidance to the
National Aviation Authority as necessary?
The JAA concept for the approval of maintenance is that this is the
responsibility of the national authorities; however, an important foundation
for the mutual acceptance of maintenance is the use of Maintenance
Standardisation Teams (MAST). Several such teams are operating and
assessing all JAA Full Member Authorities at regular intervals.

Maintenance International Standardisation

Team (MIST)
Is the team composed of maintenance experts from the JAA national
aviation authorities, responsible for assessing maintenance standards
achieved in non-JAA countries by maintenance organisations working in
accordance with an international maintenance agreement and making
recommendations about such organisations.
The national authorities and organisations located in the USA/Canada,
which have been accepted in accordance with JAR-145 by JAA, are subject
to sample audits carried out by Maintenance International Standardisation
Teams (MIST) operating in a similar manner to MAST teams.

The MRB process is a logic method used by aircraft manufacturers in

conjunction with operators to develop a maintenance program for each new
large aircraft type.
The MRB procedure was first published in July 1993 as chapter 16 of JAA
administrative and guidance material and has been used ever since as the
basis for all new large aircraft.

Role of the JAA Full Member Authorities

The authorities commit themselves to cooperate in all aspects related to the

safety of aircraft, in particular its design, manufacture, continued
airworthiness, maintenance and operation to ensure that a high consistent
level of safety is achieved throughout the Member States, to avoid
duplication of work between the Authorities and to facilitate exchange of
products, services and persons not only between the Authorities but also
between the Authorities and other organisations of the aviation industry.
To that end they have joined JAA so as to develop, adopt and implement
the Joint Aviation Requirements (JAR).
JAA Full Member Authorities recognise and accept mutually any approval
certificate or licence issued in accordance with the JAR's by such an
Authority.
JAA Full Member Authorities are also called JAA-NAA's.

Commitments/privileges of JAA Full Member

Authorities
The authorities will:
Participate in the rulemaking process and use their best endeavors
to provide experts within the different groups involved in the process
Adopt the structure of the whole set of future JARs and adopt the
existing JARs as their only codes as soon as possible
Declare all their national regulatory differences to existing JARs and
commit themselves to work towards the deletion of these national
regulatory differences or apply for a change of the appropriate JAR.
Participate in the definition of procedures enabling the technical
findings to be made only once in a way satisfactory to all Authorities
Accept these procedures and use them exclusively when checking
compliance with JARs
Make without undue delay the legal findings for those products,
services, organisations or persons which have been found to comply
with the relevant JAR
Pay their share of the budget of the JAA
Have the right for full voting within the JAA's proceedings
Perform periodical audits of organisations within their respective
countries to assure compliance with the JARs and other national
aviation laws and requirements.

Role of the JAA Candidate Member

Authorities
JAA candidate membership is open to the civil aviation Authorities of ECAC
member countries. The candidate members intend to commit themselves to
the terms and duties as described in the JAA arrangements.
They have an observer status in all meetings, but no voting rights.
The candidate member indicates a membership without the right and
obligation to be part of automatic recognition and acceptance of other
members approval.

Joint Aviation Requirements (JARs)

The JAA documentation system is build-up on the following structure:
JAA Administrative & Guidance Material
JAR-145 Listed Organisations
JAR-147 Listed Organisations
Section One: General
Section Two: Maintenance
General Information
Procedures
Temporary Guidance Material
Section Three: Certification
Section Four: Operation
Section Five: Licensing
Notices of Proposed Amendments (NPAs)
Joint Aviation Requirements (JARs)
Section 1 Requirements
Section 2 Acceptable Means of Compliance (AMC) and
Interpretative/Explanatory Material (IEM) or Advisory Circular
Joint (ACJ)
Appendices
The JAA is not a legal body and has therefore no legal force to implement
the JARs within the different countries.
Each JAA is responsible for the implementation of the JAR in its own legal
system.
In Switzerland this is done by issuing a so-called "Framework Regulation"
and using the respective JAR-number (e.g. VJAR-145 in the German
language version or OJAR-145 in the French language version).

JAR

Joint Aviation Requirement

AMC

Acceptable Means of
Compliance
Interpretative Explanatory
Material

IEM

ACJ

Acceptable Means of
Compliance and
Interpretation (Advisory
Circular Joint)

NPA

Notice of Proposed
Amendment

TGL

Temporary Guidance
Leaflet

A rule issued by the JAA, which is

mandatory and must be complied
with.
A means, but not the only one, by
which a requirement can be met
The material is meant to inform,
advise and guide the applicant
with the understanding of the
requirement.
Acceptable means of compliance
illustrate a means, but not the only
means, by which a requirement
can be met. Interpretative material
helps to illustrate the meaning of
the requirement.
An NPA is a draft proposal to
modify an existing JAR
requirement, or propose a new
JAR.
JAA Policy information material on
subjects, which have not yet been
found acceptable to all NAA's. A
TGL is normally valid for two
years. If contents are then found
acceptable to all, TGL will be
cancelled and content transferred
to respective JAR.

Administrative & Guidance Material JAR-66

Chapter 21:
Chapter 22:
Chapter 23:
Chapter 24:
Chapter 25:

JAA implementation policy for JAR-66 certifying staff

Procedures for initial issue/variation/continuity of the JAR-66
Aircraft Maintenance Licence/AML
Procedures & basis for all JAR-66 AML examinations
Procedures for revocation, suspension or limitation of the
JAR-66 AML or JAR-145 certification authorisation
JAR-66 review board procedure

Administrative & Guidance Material JAR145

Chapter 4:
Chapter 5:

Chapter 6:
Chapter 7:
Chapter 8:
Chapter 9:
Chapter 10:

JAA implementation policy for JAR-145

JAA common procedures policy for maintenance approval
and resultant mutual recognition policy
Procedures for the grant and variation of JAR-145 approval
by JAA national aviation authority
Procedures for the renewal of the JAR-145 approval by the J
national aviation authority
Procedures for the continued JAR-145 approval by the JAA
national aviation authority
Procedures for the revocation of the JAR-145 approval by the
national aviation authority
Procedures in respect of the JAR-145 applicability to
organisation located outside the JAA territories

Administrative & Guidance Material JAR147

Chapter 26:
Chapter 27:
Chapter 28:
Chapter 29:

JAA implementation policy for JAR-147 approved

maintenance training
Procedures for initial issue/variation/renewal of JAR-147
approval by the JAA full member authority
JAR-147 training course standards
Procedures for revocation or limitation of the JAR-147
approval

Joint Aviation Requirements (JARs):

JARs can be sub-divided into the following categories with the major
requirements listed:

JARs for Certification

JAR-21

JARs for Operation

JAR-AWO
JAR-FCL (1 to 4)
JAR-MMEL/MEL

JAR-22
JAR-23
JAR-25

Certification Procedures for Aircraft and Related Products

and Parts
Sailplanes and Powered Sailplanes
Normal, Utility, Aerobatic and Commuter Category Aircraft
Large Aeroplanes

JAR-OPS 1
JAR-OPS 3

JAR-26
JAR-27
JAR-29
JAR-36
JAR-APU
JAR-E
JAR-P
JAR-TSO

Additional Airworthiness Requirements for Operations

Small Rotorcraft
Large Rotorcraft
Aircraft Noise
Auxiliary Power Units
Engines
Propeller
Joint Technical Standard Orders

JAR-66
JAR-145
JAR-147

All Weather Operations

Flight Crew Licensing (FCL 1/2/3/4)
Master Minimum Equipment List/Minimum Equipment
List
Commercial Air Transportation / Aircraft
Commercial Air Transportation / Helicopter

JARs for Maintenance

Certifying Staff- Maintenance
Approved Maintenance Organisations
Approved Maintenance Training/Examinations

Relationship with other Aviation

Authorities
USA Bilateral Acceptance of European Industry
In 1992, the JAA and the Federal Aviation Administration of the United
States (FAA) made a commitment to harmonise, where appropriate, to the
maximum extent possible, the FAR and JAR requirements and associated
material regarding:
Design and manufacture, operation and maintenance of civil aircraft
and related products and parts.
Noise and emissions from aircraft and aircraft engines.
Flight crew licensing.
The JAA and the FAA are now aiming to have a joint rulemaking activity, to
keep a high level of harmonisation between the two sets of airworthiness
codes.
Contracts results in bilateral agreement between the two parties.
The Bilateral Aviation Safety Agreement (BASA) Document covering
aviation safety subjects including maintenance has been signed by some
European governments.
It should be understood that the signing of a BASA does not permit
maintenance to be carried out under such BASA because it is only intended
for the FAA to negotiate the associated implementation procedures such as
the Maintenance Implementation Procedure (MIP). Maintenance under the
conditions of a BASA may only take place when BOTH, the BASA and MIP,
have been signed.
The associated MIP dated May 1997 was accepted by the JAA Committee
and FAA in June 1997 to form the basis of agreements to be signed be FAA
and each JAA-NAA after BASA signature and successful joint assessments
by FAA. Some governments have also signed this MIP.

Canadian Bilateral Acceptance of European

Industry
A Technical Arrangement covering maintenance was agreed between
Transport Canada and the JAA and this was signed on 24 June 1996 in
Paris. The associated JAA working procedures were published in February
1998. The Canadian working procedures were published in early 1997 and
a number of JAA JAR-145 organisations have been accepted by Canada

Other Aviation Authorities

Approved Maintenance Organsations (AMO) may be holder of Approval
Certificates from different authorities (countries). The scope of work is then
shown on the individual Approval Certificate. Only the maintenance work
specified on the Approval Certificate may be performed on aircraft and
aircraft components.
Authorities have different requirements as for line Maintenance some
require an Approval Certificate and some don't. To perform Base
Maintenance an Approval Certificate is generally a prerequisite.
Basically the rules and regulations of the state, where the aircraft is
registered, always apply.

Relation between Approval Certificate and

Aircraft Registration
The basic parameter to define under which Approval Certificate an aircraft
must" be maintained and released is the aircraft registration, which is
assigned to each aircraft around the world.
An aircraft which is registered in Switzer/and (i.e. HB-XXX) may only be
maintained in Switzerland by a Maintenance Organisation which is approved
by the Swiss FOCA for this aircraft type including the respective class rating.
With the formation of the JAA and the resulting mutual recognition a Swiss
registered aircraft may also be maintained by each Maintenance
Organisation approved by a JAA full member state. This means also, that an
Approved Maintenance Organisation in Switzerland may maintain aircraft
registered in the JAA full member states. As a prerequisite it is always
required to have the necessary class rating on the Approval Certificate.
If an operator has an aircraft registered in the USA (N-registered) the
Approved Maintenance Organisation, which wishes to maintain this aircraft,
must be approved by the Federal Aviation Administration/FAA of the United
States of America. Requirements setup by the FAA in their Codes of
Federal Regulations (CFR) must be fulfilled and followed when maintaining
such an aircraft. Procedures and forms must be adapted to include the FAA
requirements.
Depending on the customer base and the requirements of the Aviation
Authorities an Approved Maintenance Organisation may have several
Approval Certificates to be able to offer and perform their services on
different markets around the world. As a general rule, this Approval
Certificates must be visible to the employees.

Relation between JAA and foreign

Maintenance Organisations
For maintenance organisations (not NAA's) outside of the ECAC, the USA
or the Canada Bilateral Agreements there is the possibility of the so called
"Godfather" system. Under this system an NAA may assume quality
responsibility for a maintenance organisation on behalf of JAA.

Relationship between Approved

Maintenance Organisation, Authority and
Operator
Usually there are communications between customer, maintenance
organisation and the respective aviation authority. A direct contact to a
foreign aviation authorities takes place only in connection with a repair
station certificate request.
Work for customers is usually executed in agreement with JAR-145, FAR145 (N- registered aircraft) or other National Aviation Authority
requirements. The work- scope must be clearly defined in a contract
between the approved maintenance organisation and the customer. The
customer is committed to indicate special requirements of its aviation
authority to the maintenance organisation.