By Sade Williams
The Nigeria Civil Aviation Authority (NCAA) has explained the requirements an intending operator has to meet before being granted an Air Operators’ Certificate (AOC) by the Authority.
It also cleared the air on the developments that led to the suspension of the Permit for Non-Commercial Flight (PNCF) of ten private jet operators last week.
The Authority while reacting to a write-up it described as misleading on the matter, its Director general, Capt. Chris Najomo said the suspension was an aftermath of an All-Operator’s Letter (AOL) dated 16th April, 2024 wherein all PNCF holders were directed to apply for re-certification by the Authority within 72 hours.
He explained that the action taken by NCAA was part of its mandate to ensure compliance with the civil aviation law establishing it and the attendant regulations.
Najomo added that the accusation that the prevalence of illegal charters is due to “diluted, pervasive air operating licenses in the various, confusing Civil Aviation Acts” is false.
He further stated that the allegation that “no aircraft operator nor the NCAA inspector that can confirm which Act is in vogue” is unfounded, adding that all NCAA Inspectors use the Civil Aviation Act 2022, currently in force and the Nigeria Civil Aviation Regulations (Nig. CARs 2023).
“For the avoidance of doubt, Section 114 of the Civil Aviation Act 2022 repeals the Civil Aviation Act 2006.”, there is therefore only one Civil Aviation Act currently in force and one set of regulations called the Nigeria Civil Aviation Regulations (Nig. CARs) 2023. Both documents are known to the entire aviation industry and are being used by all legitimate players in the sector.
He also disproved the claim that “there are four aircraft operating licenses with limited or undefined scopes: the Air Operating Permit (AOP), Air Transport License (ATL), Permit for Non- Commercial Flight (PNCF), and the Air Operator’s Certificate (AOC).”
“There is economic oversight which entails the issuance of permits, licences and authorizations. Conversely, there is safety oversight which entails the issuance of safety certificates. The two, yet separate and distinct, are complimentary. As emphasized earlier, the primary aviation law in Nigeria is the Civil Aviation Act 2022. Section 95 of this Act provides for an effective legal and institutional framework for Air Operator Economic Regulation. Sec 95 (1)(a) clearly states that no aircraft shall be used by any person in Nigeria for flying, while carrying passengers or cargo for reward, on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) or for such flying undertaking for the purpose of any trade or business, except under the authority of and in accordance with a licence, permit, or other authorization issued to him by the Authority. This provision is a word-for-word copy from the previous Civil Aviation Act 2006 the writer claimed he knew every page of.
“Part 18 of the Nigeria Civil Aviation Regulations goes ahead to name those economic licences and permits as the Airline Operating Permit (AOP) for non-scheduled commercial air transport and the Air Transport Licence (ATL) for scheduled commercial air transport. The intent is to ensure would-be airlines are legally registered and financially sound to undertake the serious business of running an airline.
“It is after this economic viability is ascertained, that the NCAA subjects the would-be airline to the safety certification process culminating in the issuance of an Air Operator’s Certificate (AOC). Part 9 of the Nig. CARs give the provisions for the AOC.”, he added.
Najomo clarified that a core mandate of the NCAA is to regulate in such a way that airline operators guarantee the safety of their air travellers, adding that the NCAA would therefore, not issue such an important certificate as an AOC to any organization that has not undergone the requisite financial health audit. The writer should realize that economics directly affects safety.
He added that this practice is in line with international norms. In fact, the International Civil Aviation Organization (ICAO), through its guidance material on air operator certification – Doc 8335 – states that preliminary assessment of an applicant for AOC “should include a parallel assessment of the financial, economic and legal status of the applicant and the proposed operation”.
He explained that Part III, Chapter 1.3 of this documents stresses the importance of this assessment saying “the financial viability of the operation may be the most critical factor in reaching a decision on whether or not an AOC should be awarded.
“The applicant needs guaranteed access to sufficient financial resources to obtain all the required equipment, facilities and manpower and to fully support operations in the early stages when revenues are difficult to predict and may, in any case, be very low. Marginal or severely limited resources frequently result in an adverse effect on safety and efficiency; experience indicates that operators tend to take short cuts on such vital matters as required maintenance, acquisition of adequate spare parts, training of personnel and other similar matters with safety implications”.
“For instance, the AOC validity has been extended from two years to three years for non-scheduled commercial air transport operators, and to five years for scheduled commercial air transport operators. This has relieved airlines of the burden of frequently undergoing the certification process. To fill that gap, the NCAA has instituted an enhanced surveillance regime to ensure safety standards are being maintained throughout this extended validity period. The NCAA also relaxed the minimum requirements for some key management personnel required to be appointed in the airlines. Still in line with the ease-of-doing business principle of the present Ag. Director General Civil Aviation, the five-phase certification process for AOC renewals has been cut to four.”
On the fees paid for the acquisition of these certificates and licences, he said Section. 21 of the Civil Aviation Act 2022 states that NCAA runs on a cost-recovery basis which further empowers the Authority to impose fees for the regulatory services it renders.
He added that NCAA does not receive any allocation from the Federal Government and therefore meets its obligations entirely from the fees and charges statutorily mentioned in the Act. Despite this challenge, fees were not fixed arbitrarily.
“A situation where the fee for obtaining an AOC was a meagre N200,000, which has remained the same for over two decades, was certainly no longer sustainable in assuring proper safety certification of prospective airlines for the safe transportation of the travelling public.”
Speaking on demonstration flights, Najomo noted that according to the ICAO guidance on certification of air operators (Doc 8335), State regulations should require an applicant to demonstrate the ability to comply with regulations and safe operating practices, in actual performance of activities and/or operations, before beginning revenue operations.
“Through demonstration flights, NCAA evaluates the effectiveness of the policies, processes, procedures, activities, instructions and interface management as described in the manuals and other documents of the intending airline. All AOC holders in Nigeria have undergone this process so one wonders again why the writer would rather short-circuit this internationally recognized practice. It may interest the writer to know that the U.S. FAA requires up to 100 hours of non-revenue proving (demonstration) flights which is double that of Nigeria. To obtain an aeroplane Low Visibility Operation (LVO) approval in Europe, EASA requires up to 100 approaches and landings.
“Aviation standards cannot and should not be watered down to please those who canvas the outlandish views espoused in the write-up. Aviation is international in concept. Nigeria, as an ICAO Contracting State, has ensured its safety oversight system conforms to the eight Critical Elements prescribed by ICAO. While our Civil Aviation Act complies with the Convention on International Civil Aviation, our Regulations must remain consistent with the ICAO Standards and Recommended Practices (SARPs).”, he added.
