Related Air Laws and

Regulations

23 June 2012
 Objective
 To help prepare the reviewees pass the
board examination to become licensed
Aeronautical Engineers.
 Outline
 Historical background
 RA 9497
 CAAP CAR
 FAR Overview
 EASA Regulations Overview
Here are the topics covered:
 PD 1570 and its IRR      
 RA 9497
 CAAP CARs, esp. on Part 1, 2, 5 & 6
 FARs, esp. on Part 43 & 145
 EASA JARs, esp. on Part 66, M & 145
 Engineering Economy, any author
 Production Operations & Management, any
author
 Management Theory & Practice, any author
 Historical Background –
Aviation Legislation in the Philippines
 November 20, 1931,Philippine Legislature passed
Legislative Act No. 3909, creating the regulations
governing commercial aviation as well as private flying.
Under the said Act, the Secretary of Commerce and
Industry was given the authority of administering and
enforcing the provisions of the said law.

 December 5, 1932,Legislative Act No. 3909 was

amended by Act No. 3996 which created the Division of
Aeronautics, is responsible for the administration of civil
aviation under the general supervision of the Secretary
of Public Works and Communications. The law covers
licensing of airmen and aircraft, inspection of aircraft
concerning air traffic rules, schedules and rates.
 Historical Background –
Aviation Legislation in the Philippines
 October, 1934 Act 4033 was passed to require a
franchise from the Philippine government in
order to operate an air service and to regulate
foreign aircraft operations.

 November 12, 1936,passing of Commonwealth

Act No. 168, better known as the Civil Aviation
Law of the Philippines which created the Bureau
of Aeronautics.
 Historical Background –
Aviation Legislation in the Philippines
 May 11, 1940,the general control and supervision of
the Bureau of Aeronautics was transferred to the
Department of National Defense by virtue of the
approval of Commonwealth Act No. 529. This transfer
included the power to issue permits and licenses to
operators to engage in air commerce.

 July 30, 1946,President Manuel S. Roxaspromulgated

Administrative Order No. 7, creating the Civil Aeronautics
Commission. This body was chargedwith the
responsibility of studying applications for permits and
recommending issuance of permits and licenses on
establishment of civil airways or routes.
 Historical Background –
Aviation Legislation in the Philippines
 October 4, 1947,the Civil Aeronautics Board (CAB) and
the Civil Aeronautics Administration (CAA) were created
by virtue of Executive Order No. 94 thereby abolishing
the Civil Aeronautics Commission and the Bureau of
Aeronautics. The functions and responsibilities of the
Commission were transferred to the CAB, while that of
the Bureau was given to CAA. Both offices were placed
under the general control and supervision of the
Secretary of Commerce and Industry. Under this set-up,
the CAB was vested with the functions relating to the
economic aspects, while the CAA was charged the
operational and technical phases of air transportation.
 Historical Background –
Aviation Legislation in the Philippines
 June 20, 1952, Republic Act 776, otherwise
known as the Civil Aeronautics Act of the
Philippines reorganized the CAB and CAA. It
defined the powers and duties of both agencies
including funds, personnel and the regulations of
civilaviation.
 July 23, 1979,Executive Order No. 546
renamed the CAA into Bureau of Air
Transportation (BAT) and placed under the
Ministry of Transportation and Communications.
 Historical Background –
Aviation Legislation in the Philippines
 April 4, 1987,by virtue of Executive Order No. 125, the
BAT was renamed to Air Transportation Office (ATO) to
be headed by an Assistant Secretary. At the same time
the CAB and ATO was transferred to the Department of
Transportation and Communications as an attached
agency.

 In 1998,a bill has been filed in the Senate and House of

Representatives to convert the ATO into a Civil Aviation
Authority (CAA). The bill providesfor a single aviation
body that will have regulatory and operational mandate.
 Historical Background –
Aviation Legislation in the Philippines
 March 4, 2008,President Gloria
Macapagal-Arroyo signed into law Republic
Act 9497 –the Civil Aviation Authority Act
of 2008. The new law abolishesthe (ATO)
and establishes the Civil Aviation Authority
of the Philippines (CAAP). Under this law,
the CAAP shall be an independent
regulatory body with quasi-judicial and
quasi-legislative powers with corporate
attributes.
Republic Act 9497
Structure of the Rules - Republic Act
9497 “Civil Aviation Authority Act of 2008”

 Chapter I–General Provisions (Sec 1-3)

 Chapter II–Organization of Authority (Sec 4-20)
 Chapter III–General Policies (Sec 21)
 Chapter IV–Powers of the Authority (Sec 22-23)
 Chapter V–Powers and Functions of the Board (Sec 24-32)
 Chapter VI–The Authority Proper (Sec 33-34)
 Chapter VII–The Director General (Sec 35-42)
 Chapter VIII–Nationality and Ownership of Aircraft (Sec 43-54)
 Chapter IX–Aviation Safety Powers and Function (Sec 55-72)
 Chapter X–Other Powers (Sec 73-78)
 Chapter XI–Penalties (Sec 79-84)
 Chapter XII–Transitory Provisions (Sec 85-93)
 Chapter I - General Provisions
 SEC. 1. Short Title.–This Act shall be known as the Civil
Aviation Authority Act of 2008.

 SEC. 2. Declaration of Policy.–It is hereby declared that

the policy of the State to provide safe and efficient air
transport and regulatory services in the Philippines by
providing for the creation of a civil aviation authority
with jurisdiction over the restructuring of the civil
aviation system, the promotion, development and
regulation of the technical, operational, safety and
aviation security functions under the civil aviation
authority.
 Chapter I - General Provisions
 SEC. 3. Definition of Terms.–For the purposes of
this Act, the terms:

 (h)“Aircraft”refers to any machine that can

derive support in the atmosphere from the
reactions of the air other than the reactions of
the air against the earth’s surface. The term
“aircraft”, when used in this Act or in regulations
issued under this Act, shall refer to civil aircraft
only, and will not include State or public aircraft.
 Chapter I - General Provisions
 (n)“Airman”refers to any individual who
engages, as the person in command or as pilot,
mechanic, aeronautical engineer, flight radio
operator or member of the crew, in the
navigation of aircraft while underway and any
individual who is directly in charge of inspection,
maintenance overhauling, or repair of aircraft,
aircraft engine,propellers, or appliances; and
individual who serves in the capacity of aircraft
dispatcher or air traffic control operator.
 Chapter I - General Provisions
 (o)“Airman license”refers to a written
authorization or permission issued to any
person for the exercise of the privileges of
flying, maintaining, controlling, directing,
dispatching, instructing or any other civil
aviation activity which is regulated and
supervised by the Authority.
 Chapter I - General Provisions
 (z)“Airworthiness”means that an
aircraft, its engines, propellers, and other
components and accessories, are of
proper design and construction, and are
safe for air navigation purposes, such
design and construction being consistent
with accepted engineering practiceand in
accordance with aerodynamic laws and
aircraft science
 Chapter I - General Provisions
 (cc)“Authority”refers to the Philippine
Civil Aviation Authority created pursuant to
the provisions of this Act and shall, as
indicated by the context, include the
Board of Directors and/or Director General
created pursuant thereto.
 Chapter I - General Provisions
 (dd)“Aviation certificate”means any
airworthiness certificate, airman
certificate, air operator certificate,
certificate authorizing the operation of an
aviation school or approved maintenance
organization or other document issued by
virtue of the provisions of this Actin
respect of any person, aircraft, airport or
aviation-related service.
 Chapter I - General Provisions
 (ii)“Civil aviation”refers to the operation
of any civil aircraft for the purpose of
general aviation operations, aerial work or
commercial air transport operations.
Chapter II - Organization of Authority
 SEC. 4. Creation of the Authority.
 Creation of the Civil Aviation Authority of the Philippines
(CAAP)
 independent regulatory body with quasi-judicial and quasi-
legislative powers and possessing corporate attributes
 referred to as the “Authority”
 attached to the Department of Transportation and
Communications (DOTC) for purpose of policy coordination
 headed by a Director General, who shall be appointed by
the President of the Philippines and shall be responsible for
all civil aviation in the Philippines and the administration of
the Act.
 Air Transportation Office (ATO) created under Republic Act
776 is abolished
Chapter II - Organization of Authority
 SEC. 5. Composition of the Board Members. –The
corporate powers of the Authority shall be vested in a
board, which is composed of seven (7) members:
 (a)Secretary of the DOTC shall act as chairman ex
officio;
 (b)Director General of Civil Aviation (DGCA) shall
automatically bethe vice chairman of the Board;
 (c)Secretary of Finance;
 (d)Secretary of Foreign Affairs;
 (e)Secretary of Justice;
 (f)Secretary of Interior and Local Government;
 (g)Secretary Department of Labor and Employment
Chapter V - Powers and Functions of
the Board
 SEC. 24. Powers of the Board.–The Board shall have the
following general powers:
 (j) Promulgate rules and regulations as may be
necessary in the interest of safety in air commerce
pertaining to the issuance of–
 airman’s certificate including licensing of operating and
mechanical personnel
 type certificate for aircraft, aircraft engines, propellers
and appliances
 airworthiness certificates
 air carrier operating certificates
 air agency certificates
 navigation facility and aerodrome certificates
Chapter VII - The Director General
 SEC. 35. Powers and Functions of the Director
General.–The Director General shall be the chief
executive and operating officer of the Authority.
He shall have the following powers, duties and
responsibilities:
 (a)To carry out the purposes and policies
established in this Act; to enforce the provisions
of the rules and regulations issued pursuance to
said Act; and he shall primarily be vested with
authority to take charge of the technical and
operational phase of civil aviation matters
 Chapter IX - Aviation Safety
Powersand Function
 SEC. 55. General Powers and Function.–(a) Promoting
Safety –the Director General shall have the power and
duty to promote safety of flight of civil aircraft in civil
aviation by prescribing and revising from time to time as
necessary:
 (1) Reasonable rules and regulations implementing, at
minimum, all standards of the Annexes to the Chicago
Convention; and
 (2) Such other reasonable rules, regulations, or
minimum standards governing other practices, methods,
and procedures as the Director General may find
necessary to provide adequately for safety in civil
aviation.
 Chapter XI - Penalties
 SEC. 81. Penalties.–(a) The Director
General, after due notice and hearing, is
authorized to impose the following fines
and penalties for each violation of this Act:
Chapter XII - Transitory Provisions
 SEC. 88. Saving Clause.–Unless otherwise
provided in this Act, rights and privileges vested
or acquired under the provisions ofRepublic Act
No. 776, as amended, its rules and regulations
prior to the effectivity of this act shall remain in
full force and effect.

 SEC. 90. Implementing Rules and Regulations.–

The Authority shall adopt rules and regulations
to implement the provisions ofthis Act within
sixty (60) days from the date of its approval.
IRR of RA 9497
 Civil Aviation Regulations
 Defines the specific technical requirements
to be followed by those who work in civil
aviation
 Created by CAAP

 Currently composed of 11 Parts

 Available through CAAP’s website:

http://caap.gov.ph/
 CAR Parts
 001 General Policies
 002 Personnel Licensing
 003 Approved Training Organizations
 004 Aircraft Registration
 005 Continuing Airworthiness
 006 Approved Maintenance Organizations
 007 Instruments and Equipment
 008 Operations of Aircraft
 009 Air Operator Certificates
 010 Foreign Operators
 011 Aerial Work
 Federal Aviation Regulations
At the beginning . . . . .
 1929 Air Commerce Act from the

Department of Commerce
 as part of the requests from industry leaders
 deals with safety of aircraft (1st approach of a
regulation)
 ensure a commercial future to aviation
 control air traffic
Then, it has been . . . . .
 1938, the Civil Aeronautics Act has
created the Civil Aeronautics Authority
 An independent organization for:
 facing to air traffic increase and following-up
its economical progress
 regulating aircraft commercial operations
authorizations
 exercising an authority for accident inquiries
Then, in . . . . .
 1940, the Civil Aeronautics Authority

was divided by Roosevelt into two (2)

bodies
 Civil Aeronautics Board (independent)
 Civil Aeronautics Administration (link with
the Dept of Commerce)
FAA birth . . . .
 1958, the Federal Aviation Act was

created
 to face the progress of commercial aviation,
technology of which are beyond what had
been scheduled
 Civil Aeronautics Administration becomes and
independent Federal Aviation Agency
1967, Department of Transportation
 DOT was created

 it takes under its responsibility the FAA which

changes its name to be called the Federal
Aviation Administration
 The FAA regulates the aircraft from
manufacture to operations
 IT IS THE STRUCTURE WHICH IS IN
FORCE TODAY
 The Code of Federal Regulations (CFR)
 All American regulations are defined in this code:

 Code of Federal Regulations Title 14 is dedicated to

Aeronautics and Space
 ICAO

Code of Federal Regulations

Title Volume Chapter Browse Part Regulatory Entity

Title 14 1 I 1-59 Federal Aviation Administration,
Aeronautics (FAA) Department of Transportation
2 60-139
and Space
3 140-199
4 II 200-399 Office of the Secretary,
Department of Transportation
(Aviation Proceedings)
III 400-1199 Commercial Space Transportation,
Federal Aviation Administration,
Department of Transportation
5 V 1200-1299 National Aeronautics and Space
Administration (NASA)
VI 1300-1399 Air Transportation System
Stabilization
Certification – Production

 14 CFR Part 21 – Certification Procedures for Products

and Parts
 14 CFR Part 25 – Airworthiness Standards: Transport
Category Aeroplanes
 14 CFR Part 33 – Airworthiness Standards: Aircraft
Engines
 14 CFR Part 36 – Noise Standards: Aircraft Type and
Airworthiness Certification
 14 CFR Part 39 – Airworthiness Directives
 14 CFR Part 45 – Identification and Registration Marks
Maintenance

 14 CFR Part 145 – Repair Stations

 14 CFR Part 39 – Airworthiness Directives
 14 CFR Part 43 – Maintenance, Preventive
Maintenance, Rebuilding and Alteration
 14 CFR Part 65 –Certification: Other than Flight
Crew Members
 14 CFR Part 121 Subpart L – Maintenance in
Operations
Operations

 14 CFR Part 91 – General Operating and Flight Rules in the USA

 14 CFR Part 121 – Operating Requirements: Domestic, Flag and
Supplemental Operations
 14 CFR Part 125 – Certification and Operations: Airplanes ..... More
than 20 passengers (or 6000lbs)
 14 CFR Part 129 – Operations: Foreign Air Carriers and Foreign
Operators of US registered aircraft engaged in common carriage
 14 CFR Part 135 – Commuter and On-Demand Operations
 14 CFR Part 137 – Agricultural Aircraft Operations
EASA Regulations
European Aviation Safety Agency

EASA

• Agency of the European Union

• Established on 28 September 2003
• Based in Cologne, Germany
• Rulemaking power
• Prescribes the measures to be taken by the Member states to
demonstrate compliance with the regulations
Basic Regulation

Goal:
 A high and uniform level of protection of the European citizen

 Common safety rules and measures

 Compliance with rules to protect the environment

 Products, persons and organisations in the Community comply with

such rules
 Facilitating the free movement of goods, persons and organisations

in the internal market

 products, parts and appliances, organisations or persons certified

in accordance with this Regulation and its implementing rules,

should be accepted without further requirements or evaluation
Structure of the Rules
Regulation (EC) No 216/2008
of 20 February 2008
= Basic Regulation
( ER )

Implementing Rules
with Annexes = Parts

• AMC
• CS-25, CS-23, etc.
• GM
Structure of the Rules

Basic Regulation 1592/2002

Implementing Rule Certification Implementing Rule Maintenance

Annex

Part-21
Structure of the Rules

Basic Regulation 1592/2002

Implementing Rule Certification Implementing Rule Maintenance

Annex 1 Annex 2
Continuing Airworthiness Maintenance Organisations
= Part-M = Part-145

Annex 3 Annex 4
Certifying Staff Training Organisation
= Part-66 = Part-147
End

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