Opinion No 04/2024

New air mobility — CAW rules for electric- and hybrid-propulsion aircraft & other non-conventional aircraft | Gyroplanes: flight crew licensing for private pilot licences and non-commercial operations conducted in VFR by day and by night

The objective of this Opinion is to support the development of new technologies and non-conventional aircraft, as well as the competitiveness of the EU industry in this regard.

The current common European regulatory framework for civil aviation safety, as established by Regulation (EU) 2018/1139, was initially designed for conventional aeroplanes, helicopters, balloons, airships and sailplanes, and assumes that propulsion is mostly provided by piston or turbine engines using fossil fuel. The introduction of new technologies and air transport concepts requires that regulatory framework to be redesigned.

This Opinion proposes amendments to Annexes I (Part-M), II (Part-145), III (Part-66), IV (Part-147), Vb (Part-ML) and Vd (Part-CAO) to Commission Regulation (EU) No 1321/2014 to address the regulatory gaps identified regarding non-conventional aircraft (i.e. aircraft other than aeroplanes, helicopters, balloons, airships and sailplanes) or aeroplanes or helicopters with a power plant other than a piston engine or turbine, e.g. where existing requirements are unnecessarily explicit regarding the list of aircraft categories or power plants considered. Further, new Part-66 training and experience requirements are proposed that would entitle privileges for the maintenance of these aircraft. Finally, it proposes to remove the existing alleviation using a piston engine as a discriminant of a simple aircraft to make the regulation more technology-agnostic.

Furthermore, new requirements are proposed for gyroplanes regarding flight crew licensing (Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011) and non-commercial operations (NCO) (Annexes I (Definitions) and VII (Part-NCO) to Commission Regulation (EU) No 965/2012) with gyroplanes conducted in visual flight rules by day and by night. According to Regulation (EU) 2018/1139, gyroplanes with a maximum take-off mass (MTOM) of more than 600 kg or with more than two seats fall within the scope of the common European rules in the field of civil aviation. However, there is a lack of suitable and appropriate European rules for the operation of such gyroplanes. This hinders both their introduction and operation, and the competitiveness of the EU industry that develops such gyroplanes.