Resolution no. 597, dated November 25, 2020, published by the National Civil Aviation Agency (“ANAC”), is one more of the measures of the Simple Flight Program, launched by the Federal Government together with ANAC, and brought amendments to Resolution no. 293 of November 19, 2013 that provides for the Brazilian Aeronautical Registry (“RAB”) (“Resolution No. 293”) and Resolution No. 309, of March 18, 2014 that regulates the application of the Cape Town Convention and its Protocol Relating to Issues Specific to Aeronautical Equipment (“Resolution No. 309”).
The changes concern the : a) use of nato-digital documents for the registration and endorsement of aircraft or engine rights; b) updating the categorization of flight instruction aircraft; c) inclusion of remotely manned aircraft category; d) registration of temporary assignment, rental, lease, exchange, and other rights of use of aircraft; (e) information on exchange agreements involving foreign registered aircraft; and f) an order to the Cape Town Convention regarding aircraft deregistration and Irrevocable Authorization for deregistration and export request (“IDERA”). Below we describe briefly about each of them.
Use of nato-digital or dematerialized documents by notaries public: the change brought greater agility, besides reducing administrative costs, since the protocol of printed documents is no longer necessary. Thus, according to the new wording of Art. 11-A, clauses II and III, of Resolution 293, documents may be presented in digital format and petitioned electronically, for registration and recordation of rights: a) born-digital, that is, digitally signed in conformity with a digital certificate issued in the scope of the Brazilian Public Key Infrastructure (“ICP-Brasil”); and b) dematerialized by public notaries, provided they are digitally certified in accordance with a digital certificate issued under the ICP-Brasil. Furthermore, purely digital documents, e.g. scans of physical documents, may be filed when they are not intended for registration or annotation of aircraft or engine rights, except for powers of attorney.
Update on categorization of aircraft used for flight instructionIt is now considered public aircraft all those operated by a public civil aviation school for flight training and instruction, and there is no longer any restriction that such aircraft must be used exclusively for flight instruction, training, and instruction, and are prohibited from providing any other air service, regardless of whether they are paid or not.
Inclusion of a category of remotely piloted aircraft: Resolution 293 added a new category of private aircraft, namely “remotely piloted aircraft (RPA)”, commonly called “drones”, which was described as an “unmanned aircraft piloted from a remote piloting station for purposes other than recreation”.
Exchange contractsThe change in art. 87 of Resolution nº 293 meant to clarify that the RAB will be limited to annotating them, only for fleet control, when it involves foreign-registered aircraft, but it will not mean exemption from registration with the State of registration, nor will it constitute a real right or the issuance of registration and airworthiness certificates.
De-registration and IDERA: The RAB may cancel the registration of the aircraft without the submission of the export certificate of airworthiness when it finds that the issues regarding the transfer of responsibility on airworthiness are resolved between the ANAC and the aviation authority of the importer’s country. The deregistration based on paragraph 4 of Article XIII of the Protocol Concerning Issues Specific to Aeronautical Equipment will be governed by the provisions of Chapter VIII of ANAC Resolution 309, and it is not necessary for the creditor to present the original Certificates of Registration and Airworthiness, as well as the export documents. In addition, once the cancellation of the aircraft registration is requested before the RAB, it will not be possible to request the suspension of its processing, except for the right to request the withdrawal of the registration within the period established by ANAC. Finally, deregistration will be processed independently of the aircraft export request.
The Aeronautical Law team at DDSA – De Luca, Derenusson, Schuttoff & Advogados will continue to monitor the changes and their developments and will inform its clients and collaborators in case of updates.