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Regulation 21 Amendment of Annex 3 to Commission Implementing Regulation (EU) 2018/1976

Original text. Later amendments are not shown.

(1)

Annex 3 (requirements for sailplane flight crew licensing (Part-SFCL)) is amended as follows.

(2)

In Subpart Gen (general requirements)—

(a)

in point SFCL.015 (application for and issue, revalidation and renewal of an SPL as well as associated privileges, ratings and certificates)—

(i)

in point (a)(1)(iii), after “certificate” insert “or sailplane basic instructor (‘BI(S)’) certificate”;

(ii)

for point (g) substitute—

“(g)

Following successful completion of the skill test or assessment of competence, applicants must apply for the issue of an SPL and associated ratings, privileges or certificates.

(h)

The validity period of any associated ratings, privileges or certificates will be based on the date of the initial skill test or assessment of competence.”;

(b)

in point SFCL.030 (practical skill test)—

(i)

in both occurrences of “shall” substitute “must”;

(ii)

in the first sentence, for “or the DTO” substitute “, the DTO or the Gliding Club”;

(iii)

in the second sentence, for “or DTO” substitute “, the DTO or the Gliding Club”.

(3)

In Subpart SPL (sailplane pilot licence (‘SPL’))—

(a)

in point SFCL.115 (SPL – privileges and conditions), in point (a)(2)(ii)(B), after “FI(S)” insert “or BI(S)”;

(b)

in point SFCL.130 (SPL – training course and experience requirements), in point (a), for “or a DTO” substitute “, a DTO, or a Gliding Club”;

(c)

in point SFCL.135 (SPL – theoretical knowledge examination)—

(i)

omit point (a)(2)(iii);

(ii)

in point (b)(2), for “or the DTO” substitute “, the DTO or the Gliding Club”;

(iii)

for point (b)(3), for both instances of “or the DTO” substitute “, the DTO or the Gliding Club”;

(iv)

for point (c)(1) and (2) substitute—

“(1)

A pass in a theoretical knowledge examination subject paper (‘subject paper’) is to be awarded when the applicant achieves at least 75 % of the marks allocated to that subject paper.

(2)

An applicant completes all the theoretical knowledge examination requirements where that applicant has achieved a pass in all subject papers on or within 18 months of the date of achieving a pass on the most recent subject paper.”;

(v)

omit point (c)(3);

(vi)

for point (c)(4) substitute—

“(4)

Before retaking a subject paper, an applicant must undertake further training at an ATO, a DTO or a Gliding Club. The extent and scope of the training needed must be determined by the ATO, the DTO or the Gliding Club, based on the needs of the applicant.”;

(vii)

in point (d), for “24” substitute “36”;

(d)

in point SFCL.150 (sailplane and TMG privileges)—

(i)

in points (b)(1) and (e)(1), for “or a DTO” substitute “, a DTO or a Gliding Club”;

(ii)

in point (f), for “or the DTO” substitute “, the DTO or the Gliding Club”;

(e)

in point SFCL.155 (SPL – launching methods), in point (b), for “or the DTO” substitute “, the DTO or the Gliding Club”.

(4)

In Subpart ADD (additional ratings and privileges)—

(a)

in point SFCL.200 (aerobatic privileges)—

(i)

in point (b)(2)(ii), for “or a DTO” substitute “, a DTO or a Gliding Club”;

(ii)

in point (c)(2)(ii), for “or a DTO” substitute “, a DTO or a Gliding Club”;

(iii)

in point (f), for “or the DTO” substitute “, the DTO or the Gliding Club”;

(b)

in point SFCL.205 (sailplane towing and banner towing rating)—

(i)

for the heading, substitute “banner towing rating”;

(ii)

in point (a) omit “sailplanes or” and “sailplane towing or”;

(iii)

omit point (b);

(iv)

in point (d) omit “sailplane towing rating or a” and “sailplane towing or”;

(v)

in point (d)(1) omit “the sailplane towing or”;

(vi)

in point (d)(2) omit “sailplane towing or”;

(vii)

in point (e)—

(aa)

omit “(b)(2),”;

(bb)

for “or the DTO” substitute “, the DTO or the Gliding Club,”;

(viii)

in point (f), omit “sailplane towing or”;

(ix)

omit point (g);

(c)

for point SFCL.210 (TMG night rating), in point (b), for “or a DTO” substitute “, a DTO or a Gliding Club”;

(d)

in point SFCL.215 (sailplane cloud flying privileges)—

(i)

in point (b)(2), for “or a DTO” substitute “, a DTO or a Gliding Club”;

(ii)

in point (d), for “or the DTO” substitute “, the DTO or the Gliding Club”.

(5)

In Subpart FI (flight instructors)—

(a)

in Section 1 (general requirements), in point SFCL.300 (flight instructor certificate)—

(i)

at the end of point (a)(1)(i), after “;” insert “and”;

(ii)

in point (a)(1)(ii), after “certificate” insert “or a sailplane basic instructor (BI(S)) certificate”;

(b)

in Section 2 (flight instructor certificate for sailplanes – FI(S))—

(i)

in the heading, after “FI(S)” insert “and BI(S)”;

(ii)

before point SFCL.315 (FI(S) certificate – privileges and conditions) insert—

“SFCL.310 BI(S) certificate – Requirements and privileges

(a)

Applicants for a BI(S) certificate must:

(1)

be at least 16 years of age;

(2)

comply with the requirements of point (a)(1)(i) and (a)(2) of point SFCL.300;

(3)

have completed 50 hours as PIC on sailplanes;

(4)

have completed a BI(S) certificate training course in accordance with point SFCL.330; and

(5)

have passed an assessment of competence in accordance with point SFCL.340.

(b)

The privileges of the BI(S) certificate are to conduct instruction in the following flight exercises towards the issue of an SPL:

(1)

familiarisation with the sailplane;

(2)

emergency procedures;

(3)

initial air experience;

(4)

effects of controls.”;

(iii)

in point SFCL.315 (FI(S) certificate – privileges and conditions)—

(aa)

in point (a)(3)(i), for “aerotow launch” substitute “aerotow or self-launch”;

(bb)

in point (a)(4)(iii), for “or the DTO” substitute “, the DTO or the Gliding Club”;

(cc)

in point (a)(5), omit “or the sailplane towing”;

(dd)

in point (a)(5)(i), for “holds advanced aerobatic privileges in accordance with point SFCL.200(c)” substitute “holds the aerobatic privilege for which flight instruction will be provided in accordance with SFCL.200(b) and (c)”;

(ee)

in points (a)(5)(ii), (a)(6)(ii) and (a)(7)(ii) for “or a DTO” substitute “, a DTO or a Gliding Club”;

(ff)

in point (a)(7)(i), for “at least 50 hours or 150 launches of flight instruction” substitute “flight instruction for at least 50 hours or 150 launches”;

(gg)

at the end of point (a)(7)(ii), omit the full-stop and insert—

“;

(8)

a BI(S) certificate, provided that the applicant has:

(i)

completed flight instruction for at least 50 hours or 150 launches in sailplanes;

(ii)

demonstrated to a qualified FI(S), the ability to instruct for the BI(S) certificate in accordance with the procedures established by the CAA, where “qualified FI(S)” means an FI(S) qualified in accordance with point (a)(7) and nominated by the head of training of the ATO, the DTO or the Gliding Club.”;

(hh)

before point (b) insert—

“(ab)

Applicants who have met the requirements of point (a)(7) are entitled to instruct towards the issue of a BI(S) certificate.”;

(iv)

in point SFCL.320 (FI(S) certificate – prerequisites and requirements), for “or a DTO” substitute “, a DTO or a Gliding Club”;

(v)

in point SFCL.325 (FI(S) competencies and assessment)—

(aa)

in the heading, after “FI(S)” insert “and BI(S)”;

(bb)

in the first sentence, for “shall” substitute “or a BI(S) certificate must”;

(vi)

in point SFCL.330 (FI(S) – training course)—

(aa)

in the heading, for “– Training course” substitute “and BI(S) – Training courses”;

(bb)

for point (a) substitute—

“(a)

In the 12 months before the start of the training course for a FI(S) or BI(S) certificate, an applicant for that certificate must have passed a pre-entry assessment at an ATO, a DTO or a Gliding Club to assess their ability to undertake the course.”;

(cc)

in point (b)(1)(iv), for “20 launches of flight instruction” substitute “flight instruction for 20 launches”;

(dd)

after point (b)(2), insert—

“(ba)

The BI(S) training course must include:

(1)

on sailplanes, excluding TMGs:

(i)

the competencies specified in point SFCL.325;

(ii)

4 hours of theoretical knowledge training covering teaching and learning; and

(iii)

at least 1 hour, of which a maximum of 30 minutes may be completed in TMGs, including flight instruction for at least 6 launches.”;

(ee)

in point (c), after “(b)(1)(ii)” insert “and (ba)(1)(ii)”;

(vii)

after point SFCL.330 (FI(S) – training courses) insert—

“SFCL.340 BI(S) – Assessment of Competence

(a)

An applicant for the issue of a BI(S) certificate must pass an assessment of competence with an examiner qualified in accordance with point SFCL.415(bb) or SFCL.415(c).

(b)

The assessment must include:

(1)

the demonstration of the competencies described in point SFCL.325, during pre-flight, post-flight and theoretical knowledge instruction;

(2)

oral theoretical examinations on the ground, pre-flight and post-flight briefings, and in-flight demonstrations in sailplanes;

(3)

exercises adequate to evaluate the instructor’s competencies.

(c)

The assessment of competence for the initial issue of a BI(S) certificate must be conducted in sailplanes, excluding TMG.”;

(viii)

in point SFCL.350 (FI(S) – restricted privileges)—

(aa)

in point (a), for “or the DTO” substitute “, the DTO or the Gliding Club”;

(bb)

in point (a)(4) omit “sailplane towing or”;

(cc)

in point (c), for “at least 15 hours or 50 launches of flight instruction” substitute “flight instruction for at least 15 hours or 50 launches”;

(ix)

after point SFCL.350 (FI(S) – restricted privileges) insert—

“SFCL.355 BI(S) – Privilege limitations

(a)

A BI(S) certificate holder’s privileges are limited to conducting flight instruction under the supervision of an unrestricted FI(S) certificate holder nominated by the ATO, the DTO or the Gliding Club.”;

(x)

in point SFCL.360 (FI(S) certificate – recency requirements)—

(aa)

in point (a)(1)(i), after “a DTO,” insert “a Gliding Club,”;

(bb)

in point (a)(2), for “or a DTO” substitute “, a DTO or a Gliding Club”;

(xi)

after point SFCL.360 (FI(S) certificate – recency requirements) insert—

“SFCL.365 BI(S) – Recency requirements

(a)

Except as provided for by point (b), a BI(S) certificate holder is only entitled to exercise the privileges of their certificate if, within two years before the planned exercise of those privileges, they have:

(1)

completed at least 20 hours, or 40 launches, as PIC in a sailplane; and

(2)

demonstrated the ability to instruct on sailplanes to the holder of an FI(S) certificate who is qualified in accordance with point SFCL.315(a)(7) or SFCL.315(a)(8) in accordance with the procedures established for that purpose by the CAA.

(b)

If the BI(S) certificate holder has failed to meet the requirements of paragraph (a)(2), they can exercise the privileges of the certificate if they have successfully completed an assessment of competence in accordance with point SFCL.340.”.

(6)

In Subpart FE (flight examiners)—

(a)

in point SFCL.415 (FE(S) certificate – privileges and conditions)—

(i)

in point (a), for “150 hours or 300 launches of flight instruction” substitute “flight instruction for150 hours or 300 launches”;

(ii)

after point (b) insert—

“(bb)

an assessment of competence for the BI(S) certificate provided that the applicant has privileges to instruct for a BI(S), or an FI(S), certificate and has completed, on sailplanes, excluding TMGs, 300 hours of flight time as a pilot, including flight instruction for at least 150 hours or 300 launches;”;

(iii)

in point (c), after “issue of FI(S)” insert “and BI(S)”;

(b)

in point SFCL.430 (FE(S) certificate – standardisation course), in point (a), for “or a DTO” substitute “, a DTO or a Gliding Club”;

(c)

in point SFCL.460 (FE(S) certificate – validity, revalidation and renewal), in point (b)(1), for “or a DTO” substitute “, a DTO or a Gliding Club”.