ICAO ANNEX 6 PART II PDF

FOREWORD

Historical background

Standards and Recommended Practices for the Operation of Aircraft — International General Aviation were first adopted by the Council on 2 December 1968 pursuant to the provisions of Article 37 of the Convention on International Civil Aviation (Chicago, 1944) and designated as Annex 6, Part II, to the Convention. They became effective on 2 April 1969 and applicable on 18 September 1969.

Annex 6, Part II, was developed in the following manner: the Fifteenth Session of the Assembly, Montréal, June–July 1965, adopted Resolution A15-15: “Consideration of the needs of international general aviation in relation to the scope of ICAO technical activities”. Subsequently, the Fourth Air Navigation Conference (Montréal, November–December 1965) recommended a series of factors which it considered should be taken into account in extending the scope of Annex 6 to meet the needs of general aviation in accordance with the directives of Assembly Resolution A15-15.

The Fourth Air Navigation Conference recommended that the International Standards and Recommended Practices to be developed for International General Aviation Operations exclude, for the present, aerial work operations. It was however clearly the view of the conference that the Annex should be framed in such a manner as to facilitate its extension to cover aerial work operations at a later date, should such extension prove desirable.

Based on the above considerations, draft International Standards and Recommended Practices for the Operation of International General Aviation Aircraft were developed by the Air Navigation Commission and, after amendment following the usual consultation with the Member States of the Organization, were adopted by the Council so as to become, together with the Foreword approved by the Council, the text of this Annex. In developing this material in 1965 the Air Navigation Commission was guided by the following philosophies:

Presentation and conformity with Annex 6, Part I. The Annex should be, as nearly as practicable, equivalent in scope and conform as closely as possible to Annex 6 (now Annex 6, Part I).

Applicability. Although the definition of general aviation originally used in this Annex encompassed aerial work operations, these were specifically excluded from the provisions of this Annex by Chapter 1.2 — Applicability.

Level of safety. The Annex should ensure an acceptable level of safety to passengers and third parties (third parties meaning persons on the ground and persons in the air in other aircraft). Also, as some international general aviation operations (typically under 5 700 kg) would be performed by crews less experienced and less skilled, with less reliable equipment, to less rigorous standards and with greater freedom of action than in commercial air transport operations, it was therefore accepted that the passenger in international general aviation aircraft would not necessarily enjoy the same level of safety as the fare-paying passenger in commercial air transport. However, it was recognized that in ensuring an acceptable degree of safety for third parties, an acceptable level of safety for flight crews and passengers would be achieved.

Freedom of action. The maximum freedom of action consistent with maintaining an acceptable level of safety should be granted to international general aviation.

Responsibility. The responsibility that devolves upon the operator in Annex 6, Part I, should, in Part II of the Annex, fall upon the owner and pilot-in-command. Precedent for this course of action exists in Annex 2.

Consequent to the adoption of Annex 6, Part III, International Operations — Helicopters, an amendment to the title was introduced to indicate that Annex 6, Part II was applicable only to aeroplanes.

In 1986 the Air Navigation Commission commenced a review of Annex 6, Part II, and concluded that the definition of general aviation should be revised to exclude aerial work thus recognizing that aerial work was a distinct aspect of civil aviation and recognizing the exclusion of aerial work from the applicability of Annex 6, Part II. As with the Fourth Air Navigation Conference in 1965, the Air Navigation Commission was not aware of any degree of international aerial work operations which would necessitate the development of International Standards and Recommended Practices. The revised definitions for general aviation and aerial work and the revised applicability chapter were submitted to States in the usual manner and approved by the Council in March 1990.

In 2005 and 2006, the Air Navigation Commission completed a thorough review of Annex 6, Part II, with the intent of modernizing the provisions to reflect the significant changes in general aviation since the Annex was initially developed. The Commission considered new general aviation dynamics reflected by the increasing use of large, technically advanced turbine-engined aeroplanes in international general aviation operations. The Commission endorsed the philosophy established during initial development of the Annex that the owner and pilot-in-command must assume responsibility for the safety of operations in non-commercial operations where travel is not open to the general public. In such operations the Standards and Recommended Practices need not be as prescriptive as those in Annex 6, Part I, due to the inherent self-responsibility of the owner and pilot-in-command. The State does not have an equivalent “duty of care” to protect the occupants as it does for fare-paying customers in commercial operations. The Commission endorsed the level-of-safety philosophy that the Standards and Recommended Practices of Annex 6, Part II, must protect the interests of third parties. It was therefore agreed that the basic provisions of Annex 6, Part II, should remain applicable to all general aviation operations, but updated to reflect current technologies and operational procedures and the use of safety management systems where appropriate.

The Commission also considered that additional provisions should be added for the larger, more complex operations, and all general aviation operations using turbojet aeroplanes. In this regard the Commission decided to add an additional section applicable to this sector of general aviation.

In large and turbojet operations, it was concluded that their complexity warrants provisions governing the operator, whereas in the initial development of Annex 6, Part II, the provisions applied to the owner and pilot-in-command. A review of the safety record of this general aviation sector showed that the principles of individual operator responsibility and industry codes of practice have been effective given that the safety record is excellent and essentially equivalent to large, scheduled air transport governed by Annex 6, Part I.

The Commission also expressed the need for a more modern approach to rulemaking through application of “performance-based” Standards. Such an approach was being considered for other Annexes, including Annex 6, Part III. Performance-based Standards are facilitated through use of industry “codes of practice”, and the Commission endorsed reference to acceptable codes in the development of an updated Annex 6, Part II.

Table A shows the origin of amendments together with a list of the principal subjects involved and the dates on which the Annex and the amendments were adopted by the Council, when they became effective and when they became applicable.

Applicability

The Standards and Recommended Practices of Annex 6, Part II, are applicable to international general aviation operations with aeroplanes.

The Standards and Recommended Practices represent minimum provisions and, together with those of Annex 6 — Operation of Aircraft, Part I — International Commercial Air Transport — Aeroplanes, now cover the operation of all aeroplanes in international civil aviation, except in aerial work operations.

It will be noted that the Standards and Recommended Practices contained in Annex 6, Part II, when applied to the operation of large aeroplanes, are less stringent than those in Annex 6, Part I, applicable to the same or similar aeroplanes when used in commercial air transport operations. Nevertheless, it is considered that, in conjunction with existing provisions in Annexes 1 and 8, Annex 6, Part II, ensures an adequate level of safety for the operations envisaged for the large aeroplanes in question. In this connection attention is drawn to the point that the entire performance Standards of Annex 8 are applicable to all aeroplanes of over 5 700 kg mass intended for the carriage of passengers or cargo or mail for international air navigation, of which the prototype was submitted for certification on or after 13 December 1964. Moreover, by virtue of Annex 1 the pilot of an aircraft certificated for operation with a minimum crew of at least two pilots must hold a type rating for that aircraft type.