EU Regulation 1079/2012 requires aircraft owners to equip their aircraft with 8.33 kHz capable radios within the next years. January 1st 2014 was already the deadline for all IFR aircraft, they need to be 8,33 capable if they want to operate in airspace C, B and A. Whereas European rules require only one 8.33 capable radios for aircraft used in non-commercial operations, the German DoT tries now to make two 8,33 capable radios mandatory in German airspace C, in Germany there is no any A or B airspace. As a consequence all German airspace above FL100, which is C airspace, and the terminal areas of the busier German airports (also C) would no longer be available for aircraft although being equipped in accordance with European regulations.

AOPA Germany asked the BAF (German Supervisory Authority for ATC) already in last year´s March, how they will handle the new 8.33 requirement, one or two radios, but so far no binding answer is received, only the promise that stakeholders will be consulted. Also from the European Commission AOPA Germany has not received clear answer. Now the German DoT wants to jump in and make two 8,33 radios mandatory without the required consultation process. AOPA Germany will not accept this treatment, which will make German airspace to a no-fly-zone for many non-commercial European IFR operations. The attitude of the German DoT is clearly against the idea of a Single European Sky.

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Merry Christmas to all aviators

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A quote from an email from Dr. Michael Erb, Managing Director AOPA-Germany, Deputy Vice President IAOPA-Europe

“Dear IAOPA-Europe Colleagues,

An IAOPA-Europe delegation had a meeting with EASA-staff on November 8th, and I am happy to report that we appear to have full support from EASA, which will publish a Safety Information Bulletin (SIB) soon declaring the Cessna Mandatory SIDs as a recommendation. So we have the situation confirmed which was already announced by EASA in August 2012. EASA was represented by its Director Rulemaking Jules Kneepkens, his deputy Eric Sivel and seven further experts. Participants for IAOPA were Martin Robinson, George Done, Dan Akerman, Hans-Peter Walluf and myself.

The problem is that some member states, like Germany, still want to make the Cessna SIDs a must for all approved maintenance programs. EASA says there is little they can do about this right now, as the member states still have the authority for approving the maintenance programs. Other member states already share EASA´s point of view like the CAA-UK in their respective information notice IN–2013/138, see the attachment:

“Therefore, Cessna SIDs for 100/200 series are not mandatory inspections from a regulatory point of view, even though they may be designated ‘mandatory’ by Cessna.”

But we hope that the publication of a Safety Information Bulletin (SIB) is going to resolve the situation, because Article 20 1) j) of EASA´s Basic Regulation EU 216/2008 authorises only EASA to react on safety-issues and to publish safety-related information, the Aviation authorities of the member-states do not have this power any more: The Agency shall in particular “ensure the continuing airworthiness functions associated with the products, parts and appliances which are under its oversight, including reacting without undue delay to a safety problem and issuing and disseminating the applicable mandatory information;”

Best regards
Michael”