Page 454 - UK Aircrew Regulations (Consolidated) 201121

Part ARA - ANNEX VI - Authority Requirements for Aircrew

competent authorities with an indication of the level of the findings issued to a DTO. However, point
ARA.GEN.350(e) must not be understood as a prohibition for competent authorities to inform other
competent authorities about the level of a finding in such a case, if such finding levels are used by that
competent authority on a voluntary basis.
ARA.GEN.355 Findings and enforcement measures – persons
(a) If, during oversight or by any other means, evidence is found by the CAA responsible for
oversight in accordance with ARA.GEN.300 that shows a non-compliance with the
applicable requirements by a person holding a licence, certificate, rating or attestation
issued in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the
CAA shall raise a finding, record it and communicate it in writing to the licence, certificate,
rating or attestation holder.
(b) When such finding is raised, the CAA shall carry out an investigation. If the finding is
confirmed, it shall:
(1) limit, suspend or revoke the licence, certificate, rating or attestation as applicable,
when a safety issue has been identified; and
(2) take any further enforcement measures necessary to prevent the continuation of the
non-compliance.
(c) Where applicable, the CAA shall inform the person or organisation that issued the medical
certificate or attestation.
(e) If, during oversight or by any other means, evidence is found showing a non-compliance
with the applicable requirements by a person subject to the requirements laid down in
Regulation (EC) No 216/2008 and its Implementing Rules and not holding a licence,
certificate, rating or attestation issued in accordance with that Regulation and its
Implementing Rules, the CAA that identified the non-compliance shall take any
enforcement measures necessary to prevent the continuation of that non-compliance.
ARA.GEN.355(b)(1) GM1 Limitation, suspension or revocation of licences, ratings, certificates or attestations
ENFORCEMENT MEASURES IN CASE OF NON-COMPLIANCE WITH PART-FCL
If the holder of a licence, rating, certificate or attestation does not or no longer comply with the
applicable requirements, the competent authority, when acting in accordance with point
ARA.GEN.355(b), should take enforcement measures which should be commensurate with the nature
of the non-compliance. For example, if the training required for the issuing of the pilot licence was not
fully completed as required, the competent authority may decide, subject to the amount and nature of
the missing training elements, to suspend the licence in accordance with point ARA.FCL.250 until the
missing training elements and a new skill test have been completed rather than revoking the licence.
ARA.GEN.355(e) GM1 Findings and enforcement measures – persons
This provision is necessary to ensure that enforcement measures will be taken also in cases where
the competent authority may not act on the licence, certificate or attestation. The type of enforcement
measure will depend on the applicable national law and may include for example the payment of a fine
or the prohibition from exercising.
It covers two cases:
(a) persons subject to the requirements laid down in Regulation (EC) No 216/2008 and its
Implementing Rules who are not required to hold a licence, certificate or attestation - for
example general medical practitioners (GMPs); and
(b) persons who are required to hold a licence, rating, certificate or attestation, but who do not
hold the appropriate licence, rating, certificate or attestation as required for the activity they
perform.
Reference SUBPART FCL SPECIFIC REQUIREMENTS RELATING TO FLIGHT CREW LICENSING
ARA.FCL.120 Record-keeping
In addition to the records required in ARA.GEN.220(a), the CAA shall include in its system of record-
keeping results of theoretical knowledge examinations and the assessments of pilots’ skills.
ARA.FCL.200 Procedure for issue, revalidation or renewal of a licence, rating or certificate
(b) Issue of instructor and examiner certificates. The CAA shall issue an instructor or
examiner certificate as:
(1) an endorsement of the relevant privileges in the pilot licence as established in
Appendix I to this Part; or
(2) a separate document, in a form and manner specified by the CAA.
(c) Endorsement of licences by examiners. Before specifically authorising an examiner to
revalidate or renew ratings or certificates, the CAA shall develop appropriate procedures.
(d) Endorsement of licence by instructors. Before specifically authorising certain instructors
to revalidate a single-engine piston or TMG class rating, the CAA shall develop appropriate
procedures.
(e) Instructors for FI(B) or FI(S) certificates: The CAA shall develop appropriate procedures
for the conduct of the training flights under supervision specified in:
(1) points BFCL.315(a)(4)(ii) and BFCL.360(a)(2) of Annex III (Part-BFCL) to
Commission Regulation (EU) 2018/395; and
(2) points SFCL.315(a)(7)(ii) and SFCL.360(a)(2) of Annex III (Part-SFCL) to
Commission Implementing Regulation (EU) 2018/1976.
ARA.FCL.200(a)(1) AMC1 Remark on the licence
When issuing the licence with the remark on the licence item XIII: ‘This licence is automatically
validated as per the ICAO attachment to this licence’, the competent authority should provide the
holder of the licence with the ICAO attachment.
ARA.FCL.200(a)(2) AMC1 ICAO attachment
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