Administrative and Finance Law

senior teacher, Husar O. A.

National University of Aviation, Ukraine

Competence of civil aviation personnel

The term “aviation personnel” on the legislative level for the first time was created in the Air code of the USSR in 1983. In accordance with literature sources of this period the aviation personnel include: a) civil aviation employees whose activity is directly aimed at the objectives of the use of civil aviation; b) specialists of aviation enterprises, institutions, organizations and educational institutions that have appropriate training and access to provide and make flights. The Air code of Ukraine, which was adopted in 2011, in the item 9 of the article 1 determined that the aviation personnel consist of people who: a) have passed the special professional training, b) have an appropriate certificate, c) are carry out flight exploitation, d) technical service, e) air traffic management, f) technical exploitation of ground-based communication, navigation and surveillance. These characters, firstly, concretized the sphere of functioning of aviation personnel, secondly, considerably narrowed the sphere compared to earlier regulations in force[1].

In accordance with these features six groups of employees in the sphere of civil aviation are determined by: 1) a pilot (a commander) of an aircraft; 2) the air traffic controller (a service manager of motion); 3) the personnel of technical service of aircrafts; 4) test crew members; 5) a member of a passenger cabin crew (a flight attendant); 6) the flight operations manager.

According to normative characteristics of the aviation personnel it is possible to understand that all of them execute the next functions : 1) A pilot (a commander) of an aircraft has a function to check required for the flight instruments and equipment, to make a decision about proper state of the aircraft for the flight; also he is responsible for implementation of the procedures of the present-piloted or supervising pilot, etc.; 2) An air traffic controller (manager traffic services) is responsible for taking direct control of air traffic, air traffic control service of aircraft; acceptance the information about air traffic control and its transfer to the adjacent departments of air traffic services, etc.; 3) The aviation personnel on aircraft service execute different types of technical service of the aviation technic and repairs of equipment, registration and certification of the equipment etc.; 4) A member of the test crew. Functions of the crew are preparation and coordination of the flight test programs and overflights on the corresponding topics, preparation and conduct of flight tests etc.; 5) A member of the crew of the passenger compartment (a flight attendant) performs the pre- and after inspection of the interior, takes on an aircraft things for passengers service, provides security of passengers etc.; 6) Flight providing manager (an officer of flight providing) considers and estimates in aeronautical calculations and operational planning of flights technical capabilities of aircraft and relevant air navigation equipment, controls the members of the crew to observe their working time rules and preflight resting etc.

Analyses of the function of each occupational group shows that they all more or less are implemented in order to ensure safety. At the same time, we consider, that it possible to divide them into functions, which: a) directly provide safety and b) indirectly provide safety.

The investigation of them using the methods of formalizing and idealization can give real base to suggests that a pilot (a commander) of the aircraft has 92 % of the functions which directly and indirectly provide safety; an air traffic controller has 90 %; the personnel of aircraft service have 84 %; the test crew members have 96 %; the crew of the passenger compartment (a flight attendant) has 54 %; the flight providing manager has 91 %. Accordingly a pilot (a commander) of the aircraft has 8 % of functions which indirectly ensure the safety of flights, an air traffic controller has 10 %, the personnel of aircraft service have 16 %, the test crew members have 4 %, the crew of the passenger compartment (a flight attendant) has 46 %, the flight providing manager has 9 %.

Among the subjects, who are not determined by the Air code of Ukraine of 2011 as aviation personnel, but workers of civil aviation perceived the activity of that are directly connected with use (call them “other personnel whose activity is directly related to the using of civil aviation”), it is possible to admit: 1) employees of the State aviation service of Ukraine; 2) workers of air companies (operators), dealing with internal and international transportations of passengers; 3) airport employees, providing service of passengers, flight, exploitation of aircraft, buildings and structures and also bases of flights providing; 4) workers of airfields providing takeoff, landing, placement and service aircraft; 5) workers of companies of technical service and repair that ensure the airworthiness of the aircraft and their service; 6) state inspectors on aviation supervision, which execute inspection of objects and subjects of aviation activity and control of their implementation of ukrainian aviation rules; 7) staff of education institutions (provide training, retraining of the specialists in the sphere of civil aviation); 8 ) employees of the manufacturers of aviation technic in Ukraine, which provide delivery of aircraft technic to the operators and supervision of its operation; 9) employees of the National bureau of aircraft events and incidents involving civil aircraft; 10) workers of the Ukrainian state design technology and research institute of civil aviation “Ukraeroproekt”; 11) workers of the State air traffic services enterprise of Ukraine ( Ukraerorukh).

Dominance of the functions to provide aviation security in the competence of the subjects of aviation of Ukraine is in accordance with the obligations of Ukraine that follow from the fact that its entry into the ICAO[2] and the full ratification of the Chicago convention from 1947, which is “the constitution of the international civil aviation”, designed to prevent a threat to the general security in the world.

References:

1.Husar O. Functions aviation personnel / Olga Husar // Scientific Letters of Academic Society of Michal Baludansky. — Slovakia, Košice : Academic Society of Michal Baludansky, 2014. – No 2. – P. 48-50.

2.Global And Regional 20 Year Forecasts: Pilots, Maintenance Personnel, Air Traffic [electronic resource] / ICAO, October 2013, Doc 9956, P.96 // Access mode: http: // store1. icao.int / index. php / global – and – regional – 20 – year - forecasts - pilots – maintenance – personnelair – traffic – controllers – doc – 9956 – English – cd - rom.html