On October 7, 2020, the Federal Government announced the official launch of the Simple Flight Program, an initiative of the National Civil Aviation Agency (“ANAC”) in conjunction with the Ministry of Infrastructure. The Program concerns a package of 52 (fifty-two) measures aimed at general aviation and has the objective of “simplifying” civil aviation and fostering the sector’s growth.
The measures implemented by the Simple Flight Program are aimed mainly at professionals in the airline industry, aircraft operators, educational institutions, and small businesses, and are intended to simplify procedures, align them with international rules, increase connectivity, and foster a new business environment, while maintaining the high levels of safety required.
One of the main changes is the digital transformation of the Brazilian Aeronautical Registry – RAB (“RAB”), which will now use digital documents, bringing a number of simplifications to aircraft registration and greater efficiency to the industry. Furthermore, among the highlights of the Program is the (i) simplification of the processes for manufacturing, importing and registering aircraft in the country, which will become more attractive, agile and efficient; and (ii) the adjustment of requirements for air cab companies, balancing regulation to suit the size of each company, and modernization of certification processes. The objective is to adapt compliance with the requirements to the complexity of operations and the size of the operating company, as well as to encourage new small operators to enter the market in order to expand the national air network.
Furthermore, the number of aircraft categories will be reduced, allowing operation and maintenance services to be performed on aircraft with similar characteristics. In this sense, the registration requirement for CAT 2 Drones (which have a maximum takeoff weight between 25kg and 150kg) will no longer exist.
The Program also brings initiatives that will help the agribusiness and the aero-agricultural aviation, whose operation will be updated so that flights made in field days, fairs and/or exhibitions will be included in the Aero-Agricultural Operator’s Guide as aero-agricultural activities.
Besides this, the Program will bring the regulation of amphibious operation, which will define the rules for the use of lakes, rivers and the Brazilian coast, bringing more mobility to the regions with less coverage and difficult access, even more if associated with the facilitation of requirements for aerodromes in the Legal Amazon, another possibility brought by the Program.
Finally, Public Consultation No. 24/2020 is now open, which proposes the edition of an amendment to the Brazilian Civil Aviation Regulation No. 61 (“RBAC No. 61”), entitled “Pilots’ Licenses, Qualifications and Certificates”. The intention is to revise RBAC No. 61 to adapt it to the new measures implemented by the Program, among which we highlight (i) the end of the validity period of the pilots’ qualification; (ii) extension of the simulator training period from twelve (12) months to twenty-four (24) months; (iii) updating the requirements for copilot qualification; and (iv) expanding the use of digital documents. The consultation will remain open for input until November 23, 2020.
Some measures to come into effect will depend on decrees, ordinances, or provisional measures. Thus, the Aeronautical Law team at DDSA – De Luca, Derenusson, Schuttoff & Advogados will continue to monitor the issue and update its clients and partners.