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A year ago we announced that the British Business and General Aviation Association (BBGA), was to be formed by merging GAMTA and BAUA, with a simple aim: To do more. How important that has proven to be over recent months.
It would be fair to say that the business and general aviation community is in the middle of an unprecedented wave of regulatory change. A large amount of the changes are driven by European institutions and BBGA plays an integral part in the European Business Aviation Association and the European Council for General Aviation Support in ensuring our industry is properly represented to those bodies.
While increasingly regulatory changes will be pan-European in scope, there remain areas where member states develop policies that either ‘gold plate’ European regulations; where European policies are yet to be implemented, or where member states retain legal primacy. As a British association we note there are two such areas currently under debate within the UK that cause the business and general aviation industry concern.
Firstly, BBGA has just completed a major response to a UK consultation on extending security requirements to all commercial aircraft over 2.7 tonnes maximum take off weight (MTOW). Business and GA aircraft are fundamentally different to airliners. Security in business aviation is at the cabin door, not the cockpit door; something recognised by users for whom security is generally the second or third most important driver when choosing to fly in a business aircraft.
The knowledge of the passengers in business and general aviation, including whole ‘plane charter, is greater and, in certain circumstances, this will allow for effective security to take place by meeting the requirements of an in-house company security programme rather than those of an airline driven standard.
BBGA would hope such an approach would be taken to larger business aircraft in the near
future. For aircraft under 10 tonnes MTOW, we believe that the diversity of operations, together with the types of airfields used by smaller aircraft, means that imposition of airline-style regulations on this sector would cause significant economic impact, resulting in the closure of many services provided by small aircraft.
These services are primarily in more remote areas where curtailment of aviation would have a significant effect on quality of life, as well as economic impacts. Security provision must be based on risk, threat and consequence and we believe that when all three criteria are assessed, there is no case for singling out smaller aircraft, as opposed to other modes of transport, for such security measures.
The second area where the UK is looking to act in advance or beyond that proposed in the European field is with regard to operation of foreign registered aircraft. The UK Department for Transport recently noted “that the Department is currently reviewing the legislation affecting the use of foreign registered aircraft in the UK. It is possible that the legislation may be amended to prevent foreign registered aircraft which are not involved in commercial air transportation from being permanently based in the UK.”
BBGA recognises that such regulations are likely to be harmonised within Europe in the medium term and we hope that the UK will not ‘jump the gun’ on this issue.
We want regulators to understand why people choose to use a foreign register for their aircraft. It is certainly not to avoid safety requirements. It is, however, to avoid unnecessary or inappropriate regulation. Indeed, the vast majority of the UK-based foreign fleet is either N-registered or on the registers of the UK’s overseas territories. In turn regulated by the FAA or an arm of the UK CAA: surely regulatorily respected world-wide?
For the smaller owner-flown business aircraft, the drivers are overwhelmingly because of the structure of the JAA Instrument Rating. The FAA Instrument Rating is so much more practical. Other drivers range from ease of certification through to the basis that aircraft are treated by tax authorities.
If European regulators can recognise and address these drivers, then a return of aircraft to European registers will be seen. This has to be the most sensible way to ensure a safe, competitive and vibrant business and general aviation market in Europe.
You can be sure BBGA will be articulating this argument during the coming weeks, as we seek to ensure common sense prevails.
Mark Wilson, Chief executive, BBGA