Introduction
Controversial rules
Key objections
Follow-up regulation
Comment
"Experiential flight" refers to flight activities carried out in small aircraft, usually with fewer than 10 seats. It aims to provide people with new and exciting flight experiences, such as entering the cockpit. It is a popular activity for individuals who have an interest in flight experiences and helps to promote aviation culture and popularise aviation knowledge.
On 22 June 2021, in order to reinforce the management of the safe operation of experiential flights, the Civil Aviation Administration of China (CAAC) issued a Notice on Strengthening the Management of Safe Operation of Experiential Flight. The notice has led to significant controversy in the general aviation industry.
The notice rules that in addition to the relevant requirements of experiential flights in the Air Tour advisory circular, operators conducting experiential flights must also comply with the provisions of the notice relating to:
- qualification requirements;
- aircraft type;
- operation area and meteorological standards; and
- flight operation.
Of these, the following rules are the focus of debate:
- Only aircraft with standard airworthiness certificates can be used for experiential flights.
- No more than one occupant in addition to the pilot is allowed in the aircraft.
- The aircraft captain must hold a pilot licence at the corresponding instructor level. Their total flight time as a captain must not be less than 500 hours, and their flight time as a captain of the specific type of aircraft used must not be less than 100 hours.
After the issuance of the notice, a number of general aviation operators, aircraft research and development entities and manufacturing and sales companies submitted joint objections to the CAAC in which the following objections were raised.
Light sports aircraft-related companies will be badly affected
The notice specifies that only aircraft with standard airworthiness certificates can be used for experiential flights. Since light sports aircraft are issued with special airworthiness certificates, such aircraft are not allowed to carry out experiential flights.
However, conducting experiential flights is one of the core applications and profit-making ventures of light sports aircraft. The profitability of hundreds of companies operating or planning to operate light sports aircraft will greatly decrease if light sports aircraft are not allowed to carry out experiential flights, which will directly lead to profit losses or even the closure of many light sports aircraft operators. In addition, at the top of the industrial chain, dozens of light sports aircraft research, development and manufacturing companies will also be seriously affected because of a lack of customers and market. Thus, the notice will severely affect light sports aircraft-related companies.
Profitability of companies conducting experiential flights will sharply reduce
The notice stipulates that no more than one occupant in addition to the pilot is allowed in the aircraft. However, many of the planes that conduct experiential flights have four or more seats, hence experiential flight operators' profits will reduce to one-third or even less of their original profits.
Further, the stricter qualification requirements for captains will increase costs for companies conducting experiential flights. It is estimated that it will cost at least Rmb1 million to train a captain who meets the qualification requirements of the notice. Accordingly, such companies' profits will be reduced by this increased training cost
On 6 August 2021, the CAAC issued the Revision Draft for Comment of the Advisory Circular Air Tour, which clearly stipulates that the revised Air Tour will come into force as of the date of issuance and that the notice will be repealed at the same time.
It is clear that the joint proposals have played an important role in the formulation of the draft for comment, which is reflected in the following provisions.
Relaxing requirements for aircraft airworthiness certificates
The draft for comment stipulates that in addition to aircraft with standard airworthiness certificates, aircraft holding limited-use special airworthiness certificates or light sports special airworthiness certificates can also perform experiential flights.
Relaxing requirements for captains' qualification
The draft for comment stipulates that the captain of an aircraft with a maximum take-off weight greater than 1200 kilograms for experiential flights must hold a pilot licence for the corresponding instructor level. Their total flight time as a captain must not be less than 500 hours, and their flight time as a captain of the particular type of aircraft must not be less than 100 hours.
The draft for comment also stipulates that the captain of an aircraft with a maximum take-off weight of less than 1200 kilograms must hold a pilot licence for the corresponding instructor level. Their total flight time as a captain must not be less than 200 hours, and their flight time as a captain of the particular type of aircraft must not be less than 60 hours.
Setting different requirements for captain qualifications according to the different weights of the aircraft used for experiential flight will, to a certain extent, ease the cost pressures for companies using light sports aircraft for experiential flights.
China's general aviation industry started relatively late, so the regulatory authorities still lack experience in its supervision. However, with the rapid development of the general aviation industry in recent years and the prospect of a prosperous future ahead, the regulatory authorities should seriously consider how to set up reasonable regulatory policies that can not only maintain the safety of individuals, but also stimulate the vitality of the general aviation market.
For further information on this topic please contact Jin Yu-Lai at KaiRong Law Firm by telephone (+86 21 5396 1065) or email ([email protected]). The KaiRong Law Firm website can be accessed at www.skrlf.com.