Aviation Law:- Provisions Of The Regulatory Framework On Aerial Work In Nigeria – Part 1 (Agricultural Aircraft Operations, Rotorcraft Operations,& Glider Towing Operations)

The Nigeria Civil Aviation Regulations set forth the requirements for aerial work operations, including agricultural aviation, external-load operations, glider and banner towing operations, television and motion picture filming operations, sightseeing flights,fish spotting, and news media and traffic reporting. 

Although the requirements of this part appear to address operations within Nigeria, in some instances, aircraft registered in Nigeria will perform aerial work in contiguous States.

The Annexes to the International Civil Aviation Organization (ICAO) Convention on International Civil Aviation (Chicago Convention) do not specifically address aerial work. ICAO Annex 1,Personnel Licensing, and Annex 6, Operation of Aircraft, contain a definition of aerial work, but the Foreword, or historical background section, of ICAO Annex 6, Part II, International General Aviation – Aeroplanes, notes that this definition is included so that States will know that Annex 6 does not address aerial work. Because aerial work operations may be conducted outside the boundaries of Nigeria, it is necessary that aircraft used for aerial work operations be operated and maintained in accordance with the ICAO Standards .

This article will thus be looking at the notable provisions of the NCAA Regulations on aerial work in Nigeria, particularly the following categories :-

– Aerial Agrucultural Operations

– Rotorcraft Operations

– Glider Towing Operations

Applicability

– This part prescribes the requirements for those operators that are conducting aerial work and operations that are considered to be aerial work in Nigeria.

– All persons who conduct aerial work in Nigeria shall, at all times, continue in compliance with the certification requirements of this part.

– All persons who conduct aerial work in Nigeria shall, at all times, continue in compliance with the applicable airworthiness requirements and operating rules of this part, except where this part grants relief from those requirements.

– All persons who conduct remotely piloted aircraft (RPA) aerial work in Nigeria shall, at all times, continue in compliance with:

1. The RPA requirements in Part 21 of the NCAA regulations.

2. The RPA requirements for foreign air operators in Part 10 of these regulations.

3. The personnel licensing requirements for RPA in Part 2 of these regulations; and

4. The applicable requirements of this part, except where this part may be less prescriptive than other parts of these regulations.

– A person operating an RPA and its remotely piloted aircraft systems (RPAS), registered in Nigeria or holding an operator certificate from Nigeria, shall:

1. Not operate in Nigeria without appropriate authorisation from the Authority;

2. Not engage in international air navigation without appropriate authorisation from the State from which the take-off of the RPA is made;

3. Not operate across or within the territory of another State without special authorisation issued by each State, and shall be obtained authorisation prior to take-off if there is reasonable expectation, when planning the operations, that the aircraft may enter the airspace concerned;

4. Not operate over the high seas without prior coordination with the appropriate air traffic service authority, and shall obtain authorisation prior to take-off if there is reasonable expectation, when planning the operations, that the aircraft may enter the airspace concerned;

5.Operate in accordance with conditions specified by the State of Registry, the State of the Operator, if different from the State of Registry, or the State(s) the flight is to operate within.

General Rules Regarding Aerial Work

(a).No person may engage in aerial work operation unless he/she is a holder of a Permit for Aerial Aviation Services (PAAS) and an Aerial Work Certificate issued by the Authority under the relevant sections of these Regulations.

(b)Each Aerial Work Certificate holder shall carry a certified true copy of the Certificate on board its Aircraft or in the case of unmanned aircraft, at its base of operations.

Agrucultural Aircraft Operations

Applicability 

-This subpart prescribes the requirements governing:

1.Agricultural aircraft operations within Nigeria; and

2. The issue of commercial and private agricultural aircraft operator certificates for those operations.

– In a public emergency, a person conducting agricultural aircraft operations under this part may, to the extent necessary, deviate from the operating rules of this part in order to perform relief and welfare activities approved by an agency of Nigeria or a local government.

– Each person who deviates from a rule of this part shall, within 10 days after the deviation, send to the Authority a complete report of the aircraft operation involved, including a description of the operation and the reasons for it.

Certification Rules

Certificate Required

(a)Except where provided otherwise in these regulations, no person may conduct agricultural aircraft operations without, or in violation of, an agricultural aircraft operator certificate issued under this part.

(b)An operator may, if it complies with this subpart, conduct agricultural aircraft operations with a rotorcraft with external dispensing equipment in place without a rotorcraft external-load operator certificate.

Rotorcraft External Load Operations

Applicability 

This subpart prescribes:

– Airworthiness requirements for rotorcraft used in external-load operations;and

– Operating and certification rules governing the conduct of rotorcraft external-load operations in Nigeria.

– The certification requirements of this part do not apply to:

1. Rotorcraft manufacturers when developing external-load attaching means;

2. Manufacturers demonstrating compliance of equipment utilised under this part;

3. Operations conducted by a person demonstrating compliance for the issuance of a certificate under this part;

4. Training flights conducted in preparation for the demonstration of compliance with this part; or

5. A local or national government conducting operations with public aircraft.

For the purpose of this part, a person other than a crew member or a person who is essential and directly connected with the external-load operation may be carried only in approved Class D rotorcraft-load combinations.

Certification Rules

Certificate Required

– No person subject to this part may conduct rotorcraft external-load operations within Nigeria without, or in violation of the special limitations and specific approvals of, a rotorcraft external-load operator certificate issued by the NCAA.

Glider Towing

Applicability

This subpart applies to those operations involving towing gliders by aircraft.

Aircraft Requirements 

-No person may operate an aircraft that is towing a glider unless:

1. The aircraft is equipped with a tow hook and release control system that meet the applicable standards of airworthiness; and

2. The towline used has a breaking strength not less than 80 per cent of the maximum certificated operating mass of the glider and not more than twice the maximum certificated operating mass.

3  The towline used may have a breaking strength more than twice the maximum certificated operating mass of the glider if:

(i)The PIC of the towing aircraft is qualified under Part 2 of these regulations;

(ii)A safety link is installed at the point of attachment of the towline to the glider with a breaking strength not less than 80 per cent of the maximum certificated operating mass of the glider and not greater than twice this operating mass; or

(iii)A safety link is installed at the point of attachment of the towline to the towing aircraft with a breaking strength greater, but not more than 25 per cent greater, than that of the safety link at the towed glider end of the towline and not greater than twice the maximum certificated operating mass of the glider.

Aviation Law:- Notable Provisions Of The Regulatory Framework On Aerial Work In Nigeria – Part 2 (Banner Towing, Aerial Motion Picture & TV Filming Operations, Aerial News Reporting & Aviation Recreation Organizations)

This second instalment article looks at the provisions of the NCAA Regulations (ranging from applicability to certification to operation rules) on the following categories of aerial work in Nigeria :-

– Banner Towing

– Aerial Motion Picture & TV Filming Operations

– Aerial News Reporting

– Aviation Recreation Organizations

Banner Towing

Applicability

This applies to those operations involving towing aircraft banners or othersigns, lit or unlit.

Aircraft Requirements

-No person may operate an aircraft that is towing a banner unless the aircraft is equipped with a tow hook and release control system that meet the applicable.

Aerial Work Certificate Required

– The NCAA will require each person conducting operations in accordance with this subpart to hold an Aerial Work Certificate.

– The Authority will issue an Aerial Work Certificate to an applicant that meets the requirements of this subpart for that certificate or authorisation.

– A helicopter operating under the requirements of this part may tow a banner using an external-load attaching means without an Aerial Work Certificate only if the operator has at least a Class B authorisation on the operating certificate.

Aircraft Requirements

– No person may operate an aircraft that is towing a banner unless the aircraft is equipped with a tow hook and release control system that meet the applicable standards of airworthiness.

– No person may operate a helicopter that is towing a banner unless the helicopter has a means to prevent the banner from becoming entangled in the helicopter’s tail rotor during all phases of flight, including auto-rotations.

Note: The only way to prevent the banner from tangling in the tail rotor during autorotation may be to jettison the banner.

Experience & Training Requirements

– For non-revenue flights, the pilot of the tow aircraft shall hold at least a valid PPL and shall have a minimum of 200 hours PIC time.

– When banner-towing operations are conducted for compensation or hire, the pilot shall have at least a CPL (instrument rating not required) and at least a valid second-class medical certificate.

Motion Picture & Television Filming Operations

Applicability

– This subpart applies to those operations involving motion picture and television filming, appearance in-flight in motion pictures, and airborne direction or production of such filming when those operations are conducted as part of a business enterprise or for compensation or hire.

– For purposes of this provision, “motion picture” shall include film, videos, and live broadcast in any format and the preparation and rehearsal for those operations.

Aerial Work Certificate Required 

Aircraft Requirements 

– In order to be used in motion picture and television filming operations, an aircraft in the experimental category shall have a certificate of airworthiness or any other Certification issued to it by the Original Equipment Manufacturer for the purpose of exhibition or intended operation.

– For any specific type of tethered or moored balloon or aerostat operation, the requirements of these Regulations apply. 

Experience and Training Requirements

-No pilot may conduct motion picture and television filming operations unless that pilot has:

a). CPL with ratings appropriate to the category, class, and type of aircraft to be used under the terms of the authorisation;

(b)Each pilot conducting banner-towing operations shall carry on board the aircraft a current copy of the Aerial Work Certificate allowing banner-towing operations.

– The Authority will require each person conducting operations in accordance with this subpart to hold an Aerial Work Certificate.

-The Authority will issue an Aerial Work Certificate to an applicant that meets the requirements of this subpart for that certificate or authorisation.

– At least 500 hours as PIC, including:

(i) at least 20 hours as PIC in the aircraft type;

(ii)a minimum of 100 hours in the category and class of aircraft to be used;

(iii)a minimum of 5 hours as PIC in the make and model of aircraft to be used under the authorisation; and if the pilot intends to perform acrobatics below 1 500 ft AGL, the pilot shall hold a Statement of Acrobatic Competency for the operations to be performed.

News Media & Traffic Reporting

Applicability

-This subpart applies to those operations involving observation of, and reporting on, news media events and/or vehicular traffic conditions on the highways and streets, when conducted by aircraft or airmen, or both.

Experience and Training Requirements

(i)At least 20 hours as PIC in the aircraft type;

(ii)A minimum of 100 hours in the category and class of aircraft to be used;

Operating Rules 

Each operator shall conduct operations so as not to endanger persons or property on the surface nor aircraft in flight.

Aviation Recreation Organizations

Applicability

(a) This part applies to the approval and operation of organisations whose members operate for recreational purposes:

(1)microlight aeroplanes and powered paragliders

(2)gliders;

(3)free balloons;

(4)gyroplanes;

(5)hang gliders and non-powered paragliders;

(6)parachutes; or

(7) non-type certificated aircraft.

(b) This Part does not apply in respect of –

(1) The holder of an ATL or AOP license 

(2)any person who wishes to operate on an ATL or AOP grant .

3)Any person exempted by the NCAA.

Display of Aviation Recreation Organization Approval

The holder of an aviation recreation organisation approval shall display the approval in a prominent place, generally accessible to the public at such holder’s principal place of business and, if a copy of the approval is displayed, shall produce the original approval to an authorised officer, inspector or authorised person if so requested by such officer, inspector or person.

Advertisements

(a) Any advertisement by an organisation indicating that it is an aviation recreation organisation, shall:

(1) reflect the number of the aviation recreation organisation approval issued by the Authority and

(2)contain a reference to the aviation recreation for which such approval was issued.

Safety Inspections & Audits

(a) An applicant for the issuance of an aviation recreation organisation approval shall permit an authorised officer, inspector or authorised person to carry out such safety inspections and audits which may be necessary to verify the validity of any application made in terms of regulations.

(b) The holder of an aviation recreation organisation approval shall permit an authorised officer, inspector or authorised person to carry out such safety inspections and audits which may be necessary to determine compliance with the appropriate requirements prescribed in this Part.

The International Monetary Fund (IMF) has praised the Central Bank of Nigeria (CBN)’s decision to remove restrictions on 43 items that were previously not allowed access to foreign exchange at the official window.

This move it said is a positive step towards improving the efficiency and transparency of Nigeria’s foreign exchange market.

The IMF also acknowledged that the newly appointed officials under President Bola Tinubu have initiated a series of reforms aimed at delivering favorable outcomes for Nigerians. It, however, noted that the reforms may require time to achieve the desired results.

Abebe Aemro Selassie, the Director of the African Department at the IMF, announced on Friday the IMF’s approval of Nigeria’s central bank’s decision. This announcement was made during a media briefing on the Regional Economic Outlook for Sub-Saharan Africa, which took place at the IMF/World Bank Annual meetings in Marrakech, Morocco, per THISDAY.

The CBN announced on Thursday that importers of THE 43 items that were previously restricted from accessing foreign exchange (FX) at the official window are now permitted to purchase FX in the Nigerian foreign exchange market moving forward. This decision is part of the CBN’s effort to promote a unified, well-functioning forex market, boost liquidity, and facilitate a more transparent pricing mechanism. It is expected to benefit local production, reduce inflationary pressures, and enhance economic stability.

In June 2015, the CBN, under former governor Godwin Emefiele, initially introduced a list of 41 items that were restricted from purchasing foreign exchange (FX) from the market. This move was aimed at conserving scarce forex resources, promoting domestic production for self-sufficiency, and boosting exports. Subsequently, the list was expanded to include 43 items.

According to the IMF, the view is that Nigeria and many other economies are so sophisticated and complex that trade restrictions like those previously imposed may not be effective.

“The best way to manage a modern economy is to have fiscal policy lever and monetary policy lever to use to affect the kind of policy outcome you want, rather than saying I don’t like these goods and so I don’t want it to come in, etc, that tends to create an unhelpful distortion.

“Of course, there are tax policies you can also use if you really want to be against certain types of imports. In general, I think the direction the CBN has moved is a helpful one,” Selassie said.

Regarding Nigeria’s debt, Selassie emphasized the need to implement tax reforms to enhance revenue generation, create fiscal space, and reduce the burden of servicing and acquiring debts. He additionally told THISDAY that Nigeria’s current debt situation is sustainable and clarified that the country is not engaged in discussions with the IMF regarding debt restructuring.

“I am not aware of any debt discussions that are going on, debt profiling, or debt restructuring in Nigeria. In Nigeria, the most important cause of the pressure is the fact that the government does not generate enough tax revenue for all the services it needs to provide.

“Interest payment as a share of revenue is very high and does not leave much room to spend on other issues that is the key issue that needs to be worked on.

“While there is not enough tax revenue, I think in the past reliance on oil when prices were high and secondly the subsidy regime which also implies and entails lots of government resources being directed where they should not be.

“These are all interlinked issues including causing some of the inflation that you have and the difficulty to tap into the international capital market. That is why the government has had to rely more on domestic financing which of course has crowded out the private sector and put constraints on monetary injections which has weakened the exchange rate,” he said.

He added that the assessment of debts should not be based on the nominal value of a debt stock but on how it relates to many other economic variables.

The Bola Tinubu administration has introduced a series of fiscal policy reforms aimed at revamping the nation’s economy. However, the reforms, which include the floating of the FX market and the removal of fuel subsidy, have compounded economic hardship.

Selassie said the reforms need further work to yield the expected results. He acknowledged Nigeria’s significant potential and highlighted positive strides in recent reforms. He emphasized the importance of ensuring that these reforms are comprehensive and mutually reinforcing, encompassing both monetary and fiscal policies to drive sustainable progress.

He said: “Just as things were not reinforcing each other in the past, there is scope to make the reforms reinforce each other. So, the exchange rate reforms that the government did were very welcome in trying to unify the rates.

“Similarly, the fuel subsidy will not help or stick unless they tighten monetary policy and also you are doing something to mobilize more tax revenue.

“So, a holistic package of reforms is what is needed and we have to give a bit of time to the new administration also.

“The CBN governor has just been appointed, and the minister of finance has only been appointed a few weeks. So, we are hopeful that they will move in the right direction and we stand to provide every policy advice that the government needs.”

Selassie underlined the need for a more comprehensive approach to address the exchange rate gap, highlighting that it should go beyond mere adjustments and corrections. He emphasized the importance of implementing stricter monetary policy conditions in conjunction with these measures to effectively bridge the exchange rate gap.