audit Summary Report Of The Civil Aviation Authority Of ...cfapp.icao.int/fsix/AuditReps/initial/nigeria_2001_en.pdf · ICAO Universal Safety Oversight Audit Programme AUDIT SUMMARY

ICAO Universal Safety Oversight Audit Programme

AUDIT SUMMARY REPORT

OF THE

CIVIL AVIATION AUTHORITY

OF

NIGERIA

(Lagos, 26 March to 2 April 2001)

INTERNATIONAL CIVIL AVIATION ORGANIZATION

Summary Report — Nigeria April 2002

ICAO UNIVERSAL SAFETY OVERSIGHT AUDIT PROGRAMME

Audit Summary Report on the Safety Oversight Audit Mission to Nigeria

(Lagos, 26 March to 2 April 2001)

1. BACKGROUND

1.1 The Nigerian Civil Aviation Authority (NCAA) was initially assessed under the voluntaryICAO Safety Oversight Assessment Programme from 30 November to 4 December 1998 by an ICAOassessment team. This audit was carried out from 26 March to 2 April 2001 pursuant to AssemblyResolution A32-11 and in accordance with the updated Memorandum of Understanding (MOU) agreed on5 June 2000 between Nigeria and ICAO. The objectives of this audit were twofold. Primarily, its objectivewas to fulfill the mandate given to ICAO pursuant to the above-mentioned Assembly Resolution. Secondly,the audit was conducted with the objective of ascertaining the progress made in the implementation of therecommendations forwarded during the voluntary assessment conducted in 1998 and to re-ascertain the safetyoversight capability of the NCAA. The audit also aimed to ensure that Nigeria is in conformity with ICAOStandards and Recommended Practices (SARPs), as contained in Annexes 1, 6 and 8 to the Convention onthe International Civil Aviation (Chicago Convention), associated guidance material and good aeronauticalpractices.

1.2 Nigeria submitted an action plan on 6 June 2001, and progress reports on the implementationof the action plan on 20 September 2001 and 23 January 2002, addressing all the findings andrecommendations contained in the audit interim report and also containing comments and observations ofsome of the items contained in the audit interim report. The action plan and progress reports submitted werereviewed by the Safety Oversight Audit (SOA) Section and were found to be satisfactory. The comments andobservations provided were, as appropriate, taken into consideration in the preparation of this report.

2. CIVIL AVIATION ACTIVITIES IN NIGERIA

At the time of the audit, civil aviation activities in Nigeria included:

a) number of technical staff employed by the organization at Headquarters 107

b) number of regional offices 2

c) number of technical staff employed at regional offices 10

d) number of active pilot licences 447

e) number of active flight crew licences other than pilot licences 312

f) number of active licences other than flight crew licences 1 075

g) number of commercial air transport operators 34

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h) number of air operator certificates (AOCs) issued 11

i) number of aircraft operations inspectors 13

j) number of aircraft registered in Nigeria 205

k) number of Certificates of Airworthiness (C of A) 110

l) number of approved maintenance organizations (AMOs) 3

m) number of aircraft airworthiness inspectors 28

n) number of maintenance organizations pending approval 4

o) number of foreign approved maintenance organizations (AMOs) 6

3. SUMMARY OF FINDINGS

3.1 General statement

3.1.1 Since the ICAO assessment in 1998, the Nigerian Civil Aviation Authority (NCAA) hasmade significant efforts and progress in establishing a comprehensive legal framework for the regulation ofpersonnel licensing, operations, and airworthiness of aircraft. Two new sets of regulations have recently beenadopted: the Civil Aviation (Air Navigation) Regulations (ANRs) and the Nigerian Civil Aviation Regulations(NCARs), which are based on the Joint Aviation Requirements (JARs) of the Joint Aviation Authorities(JAA) in Europe. There is still a need for the two sets of regulations to be consolidated and harmonized andfor the power to enact these regulations to be clarified. Penalty provisions contained in theCivil Aviation Act of 1964 are also out of date and in need of revision. The NCAA has made an effort tointroduce operators to the new requirements and to increase surveillance and enforcement actions to bringthe industry into compliance. Notwithstanding these efforts, there remains a large segment of the Nigeriancivil aviation industry that does not yet comply in a number of significant aspects with ICAO SARPs and withNigeria’s own requirements.

3.1.2 The NCAA is properly established by Ministerial Decree as a corporate body, independentfrom Government, but controlled by a Governing Board. The recent autonomy granted to the NCAA hasresulted in significant increases in salaries for technical staff and in the NCAA becoming a competitiveemployer in Nigeria. Most departments are adequately staffed with experienced and qualified inspectors;however, three operation Aviation Safety Inspectors positions have yet to be filled. Although funding hasincreased for the NCAA, there is a need for working conditions such as facilities and communicationequipment be improved. Training for technical staff is well documented, however, the NCAA has yet toestablish a formal training policy. A central technical library has been established for use by inspectors andthe public; however, the library suffers from a shortage of space and many manuals are not current. TheNCAA has yet to develop a detailed policy and procedures to be used by the regional offices andHeadquarters to ensure proper filing and records kept on all aircraft and certificate holders.

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3.1.3 The Personnel Licensing and Training (PELT) Department of the NCAA is responsible forissuing licences and ratings based on requirements set forth in the ANRs and NCAR-FCL 1 and 2. There isa need for these regulations to be consolidated and harmonized as they overlap in subject matter and areinconsistent with respect to the knowledge, skill and experience requirements of various licences and ratings.Almost all licences and ratings issued in Nigeria are issued on the basis of conversion or validation of foreignlicences and ratings. There is a need to review and document the current requirements and procedures forissuing these licences and ratings and for designating flight examiners and authorized medical examiners. ThePELT Department is appropriately staffed and well-structured but the office lacks any means ofcommunication such as telephones or facsimiles.

3.1.4 The NCAA has recently adopted new regulations applicable to the certification andsupervision of aircraft operators based on European regulations JAR-OPS 1 and JAR-OPS 3, for aircraft andhelicopters respectively. The NCAA has established a system for the certification of commercial air transportoperators which complies with Chicago Convention provisions, comprising established and documentedprocesses. The Flight Operations Department is adequately staffed with experienced and qualified flightcaptains for the present level of aviation activity in Nigeria. However, the department concentrates most ofits efforts on flight deck matters, since it is exclusively staffed with experienced captains, and there are noinspectors responsible for aspects of cabin safety or available to assist with ground inspections. Additionally,the Flight Operations Department is located within the Directorate of Airworthiness and Operations Standards(DAOS), and is not an independent entity which is directly responsible to the Director General.

3.1.5 The Airworthiness Department of the NCAA is principally responsible for all mattersconcerning registration of aircraft, aircraft airworthiness and the certification of certificate holders based onthe two new sets of regulations that have recently been adopted: the ANRs and the NCARs. However, manyair operators in Nigeria have not yet met all of these requirements in the areas of air operator maintenanceresponsibilities and maintenance organization responsibilities. Furthermore, the NCAA has yet to developdetailed procedures for specialized maintenance activities and the requirements for major modificationapprovals. To increase the level of surveillance, two airworthiness regional offices have recently been createdand a new inspector handbook has been introduced. However, many of the old checklists are still in use andadditional procedures have yet to be developed and incorporated into the handbook.

3.2 Primary aviation legislation and civil aviation regulations in Nigeria

3.2.1 Abstract of findings

3.2.1.1 The primary aviation law in Nigeria is contained in the Civil Aviation Act No. 30 of 1964 andthe Civil Aviation Authority Establishment Decree No. 49 of 1999.

3.2.1.2 The Civil Aviation Act of 1964 received Parliamentary approval and came into force on1 December 1965. The Act is based upon Part III of the (now repealed) 1949 Civil Aviation Act of the UnitedKingdom. Section 1 of the Act confers on the Minister the power to make regulations for the purpose ofcarrying out the provisions of the Chicago Convention and the SARPs of the Annexes.

3.2.1.3 Decree No. 49 provides for the establishment of the NCAA as a corporate body, charged withthe responsibility for the safety and promotion and economic regulation of civil aviation. Section 2 providesfor the composition of the Board of Governors to consist of seven members, including the Director General

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of the NCAA. The current Board, however, is not properly constituted in accordance with this law, as thereare ten members and the Director General is not included.

3.2.1.4 Pursuant to Section 7(3) of Decree No. 49, the functions conferred upon the NCAA includethe power to develop, issue and revise operating regulations, rules, orders, terms and conditions in any matterdeemed necessary in the interest and safety of air navigation. This is incongruent with the Act of 1964, as thesame powers to issue and revise regulations have been granted to the Minister of Aviation. In order to resolvethis overlap of functions, there is a proposed Bill to amend the Act to insert a new Section 16B, which willrequire the Minister to delegate his powers and regulatory functions under the Act to the NCAA. Thisamendment has not yet received parliamentary approval. There is also a proposed Bill to amend Decree No.49 by detailing and clarifying aspects of the establishment, functions and powers of the NCAA and itsGoverning Board. In particular, Articles 7 and 8 of the Bill amend the Decree by providing for a cleardelegation of the Minister’s powers and regulatory functions conferred under the Act of 1964.

3.2.1.5 Under Decree No. 49, the NCAA has appropriate powers to access and inspect aircraft andrelevant aviation facilities and the power to amend, suspend or revoke air operator certificates andairworthiness approvals, licences and certificates. Provision is also made for the Authority to investigateviolations of the Decree or regulations and to take such action as may be necessary to prevent furtherviolations. However, the penalty provisions under the Act of 1964 are out of date and do not provide aneffective deterrent against violations of the law and regulations.

3.2.1.6 Nigeria has not yet ratified Article 83 bis of the Chicago Convention, although the NCAAhas recommended to the Government that it do so in order to facilitate cross-border leasing arrangements. TheCommittee for the review of the National Civil Aviation Policy of the Federal Ministry of Aviation alsorecommended, in 1998, that Nigeria ratify all international air law instruments.

3.2.1.7 At the regulatory level, there are currently two separate sets of regulations in force in Nigeriafor regulating personnel licensing, operations and airworthiness of aircraft: the ANRs and the NCARs, bothof which came into force just weeks prior to the audit. These new regulations are intended to replace the CivilAviation (Air Navigation) Regulations of 1965, however, these regulations have not yet been formallyrepealed.

3.2.1.8 The format and contents of the NCARs, with some modifications, are based on the JARsdeveloped by the JAA in Europe. The stated intent of the NCARs is to provide detailed interpretation andimplementation standards of the regulations presented in the ANRs. However, to a great extent, the two setsof regulations are inconsistent and overlap in subject matter. In addition, the NCAA has not yet formalizeda system to follow the Notice of Proposed Amendments (NPAs) to the JARs in order to ensure that theNCARs based on the JARs can be similarly updated. There is also no system in place to systematically verifyconformance of the national regulations with the SARPs contained in the Annexes. Nigeria has not notifiedICAO of differences between its national regulations and the SARPs nor published these in the nationalAeronautical Information Publication (AIP).

3.2.1.9 Since its establishment in 2000, the NCAA has made a concerted effort to introduce operatorsto the new requirements and to increase surveillance and enforcement actions to bring the industry intocompliance. All Air Operator Certificate (AOC) holders, for example, are being required to be re-certifiedunder the new NCARs. There have been over 430 aircraft removed from the civil register. Notwithstandingthe efforts which have been made, it was noted by the audit team during the review of NCAA inspection files

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and during the visit to the industry, that there remains a large segment of the Nigerian civil aviation industrywhich continues to operate but fails to comply in a number of significant aspects with ICAO SARPs and withNigeria’s own requirements.

3.2.2 Corrective action proposed/implemented by Nigeria

3.2.2.1 The NCAA indicated in its action plan that it will request the Minister of Aviation to takeappropriate action to ensure that the Board of Governors of the NCAA is properly constituted in accordancewith State law. In the update to the action plan submitted 23 January 2002, the NCAA advised that theDirector General is now a member of the Board, bringing its total membership to eleven, and that the totalcomposition of the Board is under consideration by the Minister of Aviation.

3.2.2.2 With respect to the recommendation that the Minister of Aviation ensure that the overlap ofregulatory making functions between the NCAA and the Ministry is clarified and that the Director Generalof the NCAA is properly empowered to issue and revise operating regulations, the NCAA indicated that thesematters are being addressed through proposals for the review of the Civil Aviation Act of 1964 andDecree No. 49 of 1999. These proposals have been submitted to the Minister for appropriate action, involvingpassage through the National Assembly. In the update to the action plan submitted 23 January 2002, theNCAA advised that the proposals are now with the Ministry of Justice for review and presentation to thelegislature for enactment.

3.2.2.3 The proposals for the review of the Civil Aviation Act and Decree No. 49 also take accountof the need to ensure that appropriate penalty provisions are enacted in the law and regulations to providean effective deterrent for violations. The NCAA also noted that the ANRs contain penalty provisions inSchedule 15.

3.2.2.4 With respect to the need to ensure that the requirements set forth in the ANRs are harmonizedwith those set forth in the NCARs, and that the applicable provisions of the 1965 regulations are formallyrepealed, the NCAA indicated that it is using its internal resources to harmonize the regulations and this isexpected to be completed by the second quarter of 2002. The NCAA noted that, in the interim, when a conflictexists between the ANRs and NCARs, the provisions of the ANRs will take precedence. The repeal of theapplicable provisions of the 1965 regulations has also been effected and transitional provisions will bedeveloped by 15 June 2002 to ensure the effective implementation of the new regulations.

3.2.2.5 With regard to the amendment of the regulations, the NCAA indicated that a system has beenput in place to follow the NPAs to those JAR provisions introduced in the NCARs. The NCAA will verify theconformance of its regulations with ICAO SARPs and implement a system to adopt amendments to the SARPsand JARs in a timely manner. Significant differences will be notified to ICAO and published in the State AIPbefore June 2002.

3.2.2.6 The NCAA advised that Article 83 bis of the Chicago Convention, together with a numberof other international air law instruments, were ratified by the Government in September 2001. Instrumentsof notification will be deposited with ICAO.

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3.3 Civil aviation organization system in Nigeria


3.3.1.1 The responsibility for flight safety rests with the NCAA, a newly created and autonomousbody headed by a Director General, who is appointed by the President of Nigeria. The NCAA was establishedin May 1999 by the Nigerian Civil Aviation Authority (Establishment) Decree No. 49, a decree of the FederalMilitary Government. This decree provides for the establishment of the NCAA as a corporate body,independent from Government, but controlled by a Governing Board which includes representatives fromthe Ministry of Aviation, Ministry of Defence and Ministry of Communications.

3.3.1.2 The creation of the NCAA in 1999 represented the third reorganization of the authorityresponsible for civil aviation since 1990. The former authority, the Directorate of Safety Regulation andMonitoring (DSRAM), was not delegated any of the powers or functions of the Minister and therefore hadno authority to issue regulations and a limited mandate to enforce and empower its inspectorate in safetyoversight activities. These concerns were raised during the ICAO safety oversight assessment in 1998 andhave now been appropriately addressed with the establishment and empowerment of the NCAA.

3.3.1.3 The NCAA’s functions and responsibilities are carried out through the service units attachedto the office of the Director General and the different technical and supporting directorates which include theDirectorate of Airworthiness and Operations Standards (DAOS); the Directorate of Air Transport Regulation(DATR); the Directorate of Aerodrome and Airspace Standards (DAAS); and the Directorate of Finance andAdministration (DFA). The DAOS is responsible for all matters pertaining to safety oversight in the areasof Annexes 1, 6 and 8. The DAOS is currently staffed with fifty-nine personnel and comprises threedepartments: Airworthiness, Flight Operations and Personnel Licensing and Training. The primaryresponsibilities of the DAOS are to evaluate and monitor all approved organizations and individuals involvedin aviation activities, including the registration of aircraft, continuing airworthiness, approval of maintenanceorganizations, the certification of airline operators and the licensing of aeronautical personnel.

3.3.1.4 Within the last two months, the NCAA has established two small regional offices comprisedof airworthiness experts only, who report to the Airworthiness Department of the DAOS. These are theKaduna Regional Office, currently staffed with five airworthiness inspectors, and the Port Harcourt RegionalOffice, currently staffed with three airworthiness inspectors. Since the regional offices were only recentlyestablished, the NCAA has not yet developed a detailed policy and procedures manual to be used to identifythe technical responsibilities of the regional offices and the administrative procedures to be used betweenregional offices and Headquarters.

3.3.1.5 The recent autonomy granted to the NCAA allows it to be funded by a percentage of all flighttickets sold in Nigeria. The funds have given the NCAA the ability to staff most positions and become acompetitive employer in Nigeria. Currently, three positions for operations Aviation Safety Inspectors haveyet to be filled. Although funds have increased for the NCAA, working conditions, such as facilities andcommunications within the NCAA, need to be improved. Most of the technical staff do not have direct accessto telephones, facsimile machines and computer equipment, including the Internet.

3.3.1.6 The NCAA has not established a formal training policy; however, it is the responsibility ofeach Directorate to assign a Training Coordinator to develop its training requirements and to establish anannual plan. The Training Coordinator, in consultation with the head of the various departments, monitors

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all training programmes and recommends both local and international courses. A review of the DAOS annualtraining plan showed a variety of training for operations, airworthiness and personnel licensing inspectors.Furthermore, a review of the training files revealed a significant increase in training provided to most of thetechnical staff and well-documented training files. However, records did not always reveal indoctrination orspecialty courses and recurrent training given at predetermined intervals.

3.3.1.7 The NCAA has established a central technical library under the responsibility of the DAOS.It is currently staffed with eight librarians, including the head of the library. The library is stocked with mostof the manuals pertaining to the aircraft types found on the Nigerian register; however, many of these manualsare not up to date with current revisions. The library suffers from a shortage of space and, although it isequipped with one computer, no telephone or Internet line is available. All company manuals such asMinimum Equipment Lists (MEL), Maintenance Organization Expositions (MOE), and MaintenanceSchedules, when approved, are supposed to be kept at the central technical library. However, a randomsampling of these manuals revealed inconsistencies, missing manual approvals, and missing instructions forcontinuing airworthiness. The library is currently subscribed to aircraft technical publications (ATP) forCD ROM subscriptions of airworthiness directives and United States Federal Aviation Regulations (FARs)and type certificates. However, the JARs were not available, notwithstanding that the new NCARs are basedon the JARs.

3.3.1.8 The NCAA has established a central registry to file and store all documentation coming into,and generated by, the NCAA. However, many files are kept with individuals, or transferred from oneindividual or section to another without proper reporting through the central filing system. Furthermore, itwas noted that documentation that should be kept in certain files was sometimes misfiled or no longeravailable.

3.3.1.9 The NCAA has recently contracted a consulting firm to develop inspector handbooks for theAirworthiness, Personnel Licensing and Operations departments of the DAOS. However, these handbookshave not been harmonized with the new NCARs, ANRs and current practices.


3.3.2.1 In response to the recommendation concerning the lack of office equipment, the NCAAindicated that it will provide PABX, computer networking, Internet, and adequate storage facilities for itsemployees before April 2002.

3.3.2.2 In its action plan, the NCAA indicated that a policy and procedures manual is now in placeand adequately addresses issues such as administrative coordination, filing systems, communications andtraining requirements.

3.3.2.3 With respect to ensuring procedures and guidelines are developed for ensuring an effectivesystem of coordination and control over the two regional offices (airworthiness), including the conduct ofinternal audits / quality assurance reviews, the NCAA indicated that this recommendation has been compliedwith in the new comprehensive policy and procedures manual.

3.3.2.4 To address the shortage of current technical publications, space and equipment in thetechnical library, the NCAA indicated that it has updated the subscriptions on many technical publications

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and is in contact with a number of manufacturers of aircraft on the register regarding maintaining currency.Additional library space has been provided and renovations are in progress.

3.3.2.5 With respect to the needs of the central registry, the NCAA indicated that it has overhauledand computerized its entire record keeping system. A standardized aircraft files content list has beendeveloped.

3.4 Personnel licensing and training Nigeria


3.4.1.1 Personnel licensing requirements in Nigeria are found in two sets of regulations: Part 2 ofthe ANRs, adopted January 2001; and in NCAR-FCL 1 (Aeroplane) and FCL 2 (Helicopter), adopted inFebruary 2001. The format and contents of NCAR-FCL 1 and 2 are based, with some modifications, onJAR-FCL 1 (Aeroplane) and JAR-FCL 2 (Helicopter), as developed by the JAA in Europe.JAR-FCL 3 (Medical) and JAR-FCL 4 (Flight Engineers) have not been adopted by the NCAA andrequirements for these subjects are found in the ANRs of Nigeria.

3.4.1.2 The stated intent of NCAR-FCL 1 and FCL 2 is to provide detailed interpretation andimplementation standards of the regulations presented in the ANRs. However, to a great extent, the two setsof regulations (i.e. the NCARs and ANRs) overlap in subject matter and there are numerous inconsistenciesand contradictions in the general licensing requirements and in the particular requirements for each licenceand rating. The two sets of regulations, for example, set forth different eligibility requirements for the StudentPilot Licence (SPL), Private Pilot Licence (PPL), Commercial Pilot Licence (CPL), Air Transport PilotLicence (ATPL), Instrument Rating, and Instructor Rating in terms of required theoretical knowledge, flightinstruction and proficiency, and aeronautical experience.

3.4.1.3 The NCAA has not developed regulatory requirements for testing the knowledge ofapplicants for flight engineer, maintenance engineer or air traffic controller licences, in the area of humanperformance and limitations. With respect to flight crew licences and ratings covered by the newly adoptedNCAR-FCL 1 and 2, the regulations require theoretical knowledge of human performance and limitations;however, the NCAA has not yet developed examination questions in this area. In addition, there are noparticular knowledge or skill requirements specified for the flight operations officer licence under the ANRs.

3.4.1.4 Personnel licensing activities are undertaken by the Personnel Licensing and Training (PELT)Department under the DAOS. There are a total of eight technical staff reporting to the General Manager ofLicensing, assisted by some twenty clerical and administrative support staff. A formalized organizationalstructure for the PELT Department was recently put in place and functions, responsibilities and minimumqualification requirements for each technical position have been clearly defined.

3.4.1.5 There are no personnel licensing activities carried out in the two regional offices which wererecently established in Kaduna and Port Harcourt. The PELT Department in Lagos is located approximatelyhalf a mile away from the central office of the NCAA but does not have any means of communication suchas telephones, facsimiles, intercom system or e-mail access, and does not have adequate facilities for thestorage of personnel licensing files. There are some computers available to support staff for word processingpurposes but the licensing system itself is not yet computerized.

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3.4.1.6 The NCAA has regulatory provisions for the issuance of all licences provided for in Annex 1,with the exception of glider pilot, free balloon pilot, flight navigator, and the aeronautical station operatorlicence. It also issues a cabin crew certificate, student pilot licence and night rating. It was reported that thePELT Department was preparing to issue the flight operations officer/flight dispatcher licence, which isprovided for under the ANRs; however, there are no particular knowledge or skill requirements set forth forthis licence.

3.4.1.7 To assist officers in the performance of their duties, a Personnel Licensing Handbook, NCAAOrder No. 111, was recently developed by local consultants retained by the NCAA and was issued inFebruary 2001.Technical officers in the PELT Department were not yet completely familiar with its contents.The intent of the handbook is to explain the administrative procedures for the issuance of Nigerian licencesand to indicate the general nature of the requirements for obtaining various licences and ratings. Thehandbook is based on the requirements found in the ANRs, which are inconsistent with the requirements ofthe NCARs, also adopted in February 2001.

3.4.1.8 Almost all personnel licences and ratings in Nigeria are issued on the basis of licences andratings issued by foreign States. However, there are no documented requirements or procedures for theconversion of these foreign licences, other than the information which is contained on the particularapplication forms. These requirements are not published in the AIP. In the past, the NCAA has converted andvalidated licences and ratings issued by non-Contracting States of ICAO.

3.4.1.9 With respect to the validation of foreign licences, procedures and requirements have beenpublished in Chapter 3 of the new Personnel Licensing Standards Handbook, but these procedures do notconform in all respects to the information contained on the application forms or with what is followed inpractice. For example, where the NCAA validates a foreign licence for a period greater than two weeks, ithas a policy of requiring the applicant to undergo an additional medical assessment by an NCAA designatedaviation medical examiner. It is also the policy of the NCAA to require foreign air crew operating in Nigeriaon wet leased aircraft to obtain a Nigerian validation certificate, notwithstanding that the aircraft areregistered in another State. These requirements are not reflected in the regulations or the Handbook and havenot been published in the national AIP. The practice of limiting the validation certificate to a period ofninety days is similarly not reflected.

3.4.1.10 Aircraft type ratings are issued following training provided by operators and the examinationis prepared and administered by the NCAA. Upon successful completion of the written type ratingexamination, a flight test is conducted by a flight examiner designated by the NCAA. Other than the typerating examinations, the only other written examinations administered on a regular basis are the air law,aircraft performance and loading examinations, which are required for applicants validating or convertingforeign licences and ratings. There is no system in place to regularly review and update these examinationquestions.

3.4.1.11 For the first time in almost ten years, the Nigerian College of Aviation Technology in Zariais conducting ab initio training for the private pilot licence (PPL) and commercial pilot licence (CPL) andreported that they will have approximately thirty-five candidates ready to undergo their examinations duringthe course of this year. These examination questions have not been updated by the Personnel LicensingDepartment for many years and do not reflect all of the knowledge requirements, such as human performanceand limitations, which are required under Annex 1 and the new NCARs. Guidance material, in the form ofa study book or flight test guidelines, to provide information regarding examinations to applicants has not

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been developed. Applicants must present themselves in person or request information in writing since thePELT Department has no telephones, facsimile machines or access to e-mail.

3.4.1.12 The use of designated flight examiners for flight tests, proficiency and other types of checksare in place, and the NCAA has recently developed written requirements and procedures to govern theirappointment. Flight examiners are observed on an annual basis by an NCAA inspector while conducting acheck, but detailed criteria has not yet otherwise been established for supervising the activities and ensuringthe continuing proficiency of Designated Flight Examiners. In addition, it was noted that the Certificate ofAppointment issued to the Designated Examiners was not consistent with the written requirements, as itsvalidity is subject to the examiner conducting a higher number of checks per year. The requirements havebeen distributed to operators but are not identifiable by a reference number and have not yet beenincorporated into the Personnel Licensing Procedures Handbook.

3.4.1.13 The NCAA presently engages the services of a Medical Assessor to evaluate medicalassessments submitted by Authorized Medical Examiners (AMEs). The current Medical Assessor is highlyqualified in the practice of aviation medicine but does not operate under any formal terms of reference andhas been performing duties for the NCAA at his own expense. The most current available list of NCAAAMEs was out of date and listed an additional five AMEs whose authorizations had reportedly lapsed. Withthe exception of the Medical Assessor, the complete files of these AMEs were not available for review as thefiles are not currently kept at the NCAA but are with the Medical Assessor in Kaduna.

3.4.1.14 The Medical Assessor is responsible for evaluating the medical reports submitted by the otherdesignated examiners and also conducts medical assessments himself for applicants and licence holders.There is no mechanism in place, such as the constitution of a Board, which would allow for a review of anassessment made by the Medical Assessor. There is also no regulatory requirement requiring an applicant tofurnish a declaration stating whether they have previously undergone an examination (Annex 1, paragraph1.2.4.5), or requiring false declarations to medical examiners to be reported to the Authority (Annex 1,paragraph 1.2.4.5.1).NCAR-FCL 1.035 requires all applicants or licence holders to have a medical certificateissued in accordance with the provisions of NCAR-FCL 3 (Medical); however, NCAR-FCL 3 has not beenadopted in Nigeria and medical assessments are in fact being conducted in accordance with the provisionsof the ANRs.

3.4.1.15 The PELT Department keeps active files of applicants and licence holders in a locked roomin secured filing cabinets, accessible to the concerned staff in the department. At the present time, records aremaintained only in hard copy form. Individual applicant files contain all necessary information and aprogressive history of the applicant. There is no policy of destroying records even after they have ceased tobe active or the holder has died, and there is no system in place for archiving and storing inactive personnellicensing files.

3.4.1.16 Licences issued in Nigeria are of the expiring type and have recently been amended toconform with the specifications outlined in Chapter 5 of Annex 1. Within the licensing department, only theGeneral Manager or person acting in his absence has the authority to sign licences or ratings on behalf of theDirector General. Recency requirement declarations, including records of maintenance of competency in theform of flight or simulator proficiency checks, must be presented every six months for CPL and ATPLholders.

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3.4.1.17 The only aviation training institute in Nigeria is the Nigerian College of Aviation Technology(NCAT) located in Zaria which has schools for flying, aircraft maintenance, aeronautical telecommunicationsengineering, and air traffic services and communications. The NCAA has not certified the institute and thePELT Department does not supervise its activities in any way. NCAT is in the process of applying for anAOC and intends to apply for certification as an Aviation Training Organization under the new Part III of theANRs.


3.4.2.1 With respect to the need to consolidate and harmonize the requirements found inNCAR-FCL 1 and FCL 2 with the requirements found in Part 2 of the ANRs, the NCAA indicated that thiswill be accomplished by June 2002. The Personnel Licensing Handbook will also be amended accordingly.

3.4.2.2 With respect to the need to enact regulatory requirements for testing the knowledge ofapplicants for flight engineer, maintenance engineer and air traffic controller licences in the area of humanperformance and limitations, the NCAA indicated that the ICAO recommendation has been implemented. TheNCAA will include the subject in examinations given to applicants and will ensure that ATOs include it intheir syllabi and examinations.

3.4.2.3 In response to the recommendation concerning the conversion and validation of foreignlicenses, the NCAA indicated that, by 31 July 2001, it had brought the actual procedures for issuance andvalidation of licences in line with the handbook procedures. Copies of guidance material have beenforwarded to the Nigeria Airspace Management Agency (NAMA) for inclusion in the State AIP.

3.4.2.4 With respect to the recommendation to develop written procedures and requirements for theappointment, supervision and control of AMEs and the control of medical reports, the NCAA advised thatappropriate procedures and requirements have now been developed and a system has been put in placeregarding the physical control of the records. A Chief Medical Assessor has been appointed and has assumedduty.

3.4.2.5 The NCAA indicated in its action plan that detailed criteria and procedures have beenestablished for supervising the activities and ensuring the continued proficiency of designated flightexaminers.

3.4.2.6 The NCAA has established an examination review board which is responsible for ensuringthat examination questions are reviewed and updated at regular intervals. A review of examination questionsis in progress and expected to be completed by 31 March 2002.

3.4.2.7 In order to provide for the certification and inspection of aviation training institutes, theNCAA indicated that it will apply the standards of NCAR-147, FCL 1 and FCL 2, for all new schools.Existing schools have been re-certified and a monitoring program has also been put in place.

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3.5 Aircraft operations certification and supervision in Nigeria


3.5.1.1 The NCAA has recently adopted NCAR-OPS 1 and NCAR-OPS 3 applicable to aircraft andhelicopters operations, respectively. These regulations are based on JAR-OPS 1 and JAR-OPS 3. In addition,Nigerian regulations applicable to aircraft operations are contained in the following chapters of the ANRs:Chapter 7 (Instruments and Equipment), Chapter 8 (Operations) and Chapter 9 (Air Operator Certificationand Administration).

3.5.1.2 Chapter 9 of the ANRs contains the requirement that all operators be in possession of a validAOC issued by the NCAA. The applicant must have a principal place of business in Nigeria; the aircraft tobe operated must be registered in Nigeria; and the applicant must satisfy the NCAA that it is able to conductsafe operations. However, a review of an air operator file revealed an AOC that has been issued to an operatorwho currently does not have any aircraft on the Nigerian register.

3.5.1.3 Regulations applicable to the transport of dangerous goods by air have been developed.However, these regulations are binding only on AOC holders and do not regulate and control the entire chainof transport, from packing to final reception. Moreover, the ICAO Technical Instructions, Doc 9284, are notintegrated as part of the Nigerian regulations. The regulations applicable to AOC holders require that anoperator include in its operations manual dangerous goods instructions to flight and cabin crews, and alsorequire that specific approved training be provided to the operator’s staff.

3.5.1.4 The ANRs require the prior authorization of the NCAA for aircraft leasing operations. Atpresent, dry/wet lease agreements are not approved by the NCAA and there are no procedures to ensure thatall necessary parties, such as the legal advisor and DAOS (Airworthiness and Flight Operations Departments)review such agreements to ensure that continuing airworthiness documentation, surveillance information andcoordination is available to support the approval of dry/wet lease agreements in Nigeria. Moreover, thesurveillance by the NCAA does not systematically assess the Nigerian operators’ capabilities for oversightof operations conducted under the lease in the area of flight operations (flight preparation, flight assistanceand follow-up, availability of on-board equipment, flight and cabin crew qualifications, and competencychecks) aircraft maintenance and continuing airworthiness.

3.5.1.5 The Flight Operations Department within the DAOS is in charge of the certification and thesupervision of all air operators in Nigeria. The department is principally responsible for all aspects pertainingto Annex 6, including the review and approval of an operator’s operations manual, routine and rampinspections of AOC holders, and reporting of deficiencies to the Director of the DAOS. Coordination withthe other departments of the NCAA is established for crew training and maintenance aspects; however, formalcoordination instructions have not yet been developed. The department is staffed with five pilot inspectorsto carry out flight inspections and has access to another eight pilot inspectors currently assigned to otherdepartments.

3.5.1.6 The NCAA has not yet established a formal training policy for the flight operationsinspectors; however, a training programme is established and carried out in different areas, with the exceptionof type ratings. The initial training implemented for inspectors mainly addresses administrative and generalaudit considerations and does not necessarily include technical qualifications and skill requirements fornewly-recruited inspectors.

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3.5.1.7 Currently, the Flight Operations Department of the NCAA concentrates most of its effortson flight deck matters. At this time, there are no inspectors responsible for aspects of cabin safety and thereis an insufficient number of inspectors to carry out ground inspections. The Flight Operations Departmentis located within the DAOS and is not an independent entity directly responsible to the Director General.Considering the level of aviation activity and the substantial and immediate nature of the tasks to be carriedout by the Flight Operations Department, the present organizational structure of the DAOS affects theperformance of the NCAA certification and surveillance system.

3.5.1.8 The NCAA has established a well-documented process for the certification of aircraftoperators, which also includes substantial procedures available to the staff. The operator is required toproduce an operations manual in conformance with the ANRs and NCAR-OPS 1 and 3, which complies withAnnex 6 provisions, Chapter 4 and Appendix 2. The certification process is based on a “systems safetyapproach” and includes the AOC Certification Process Document (AOC/CPD), a Project Management Tool(PMT), a manual review methodology, and electronic briefings and presentations. The AOC/CPD directs theactivities and provides guidance for inspectors involved in the certification of air operators.

3.5.1.9 With the recent adoption of the NCARs, the NCAA has recently initiated a re-certificationprocess of its operators according to the new regulations. However, not all operators have met therequirements and therefore, not all are in possession of a valid AOC. The audit team observed that some ofthe operators who do not meet these regulatory requirements are presently being allowed to operatecommercial domestic and international flights, notwithstanding that they do not possess a valid AOC.

3.5.1.10 The Flight Operations Department recently developed many procedures and checklists forthe guidance of flight inspectors. However, these procedures are not yet consolidated in an Inspector’sHandbook and have not been assessed in order to ensure their conformance with ICAO provisions and theNigerian regulations, or to ensure that the entire certification and supervision processes are adequately andappropriately documented.


3.5.2.1 With respect to the recommendation that the NCAA prevent Nigerian operators fromengaging in air transport activities when they do not meet the applicable regulations and have not beenissued an AOC with appropriate operations specifications, the NCAA indicated that all qualified operatorswill be issued AOCs, as appropriate, and rectification action on observed deficiencies will be closelymonitored. A programme for the issuance of AOCs and operations specifications will be completed by30 April 2002. During the transition to the new regulations, or during the certification phase of a newoperator, the NCAA will grant additional operating privileges only on a progressive basis, consistent withthe AOC holder’s capabilities.

3.5.2.1.1 In the update to the action plan submitted 23 January 2002, the NCAA indicated that it hasincreased surveillance on all operators in the State. All operators have been audited and re-audited. Of thethirty-four commercial air transport operators existing at the time of the ICAO audit, only twenty-four arenow regarded as active operators. Twenty of these have a Nigerian AOC and five operations specificationsremain to be processed. The exercise is continuing.

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3.5.2.2 With respect to the recommendation to recruit additional inspectors in the Flight OperationsDepartment, the NCAA indicated that it will hire a cabin safety inspector, transfer some personnel licensingstaff to the flight operations department, and provide additional training to some of the existing inspectorsby 31 March 2002. In the update to the action plan submitted 23 January 2002, the NCAA further indicatedthat, in addition to one or two employed cabin and ground inspectors, five others will be designated fromwithin the industry by March 2002 and an additional five will be engaged on an ad hoc basis for duty ongroups of airlines. The present policy for enroute inspections is split between cabin and cockpit, with a fairamount of ground inspection covered. In addition, a new Flight Operations Department grouped with thePELT Department has been created, directly responsible to the Director General.

3.5.2.3 With regard to the recommendation that the NCAA review the certification and supervisionprocess for air operators to ensure that written procedures exist which adequately implement the SARPs andState regulations, the NCAA indicated that this review is now complete and the entire certification andsupervision process has been documented.

3.5.2.4 In response to the recommendation concerning the transport of dangerous goods by air, theNCAA indicated that, by the end of 2001, it will promulgate a comprehensive legislative framework to controlthis activity, including penalty provisions and a system for the certification and supervision of air operatorsand shippers.

3.5.2.5 The NCAA indicated that it has prepared appropriate procedures to ensure that air operatorlease agreements are formally approved by the NCAA. Existing lease agreements will be reviewed and asurveillance system has been established to ensure the compliance of operations conducted under a lease.More attention will be paid to flight preparation, flight assistance and follow-up.

3.6 Airworthiness of aircraft in Nigeria


3.6.1.1 Regulatory requirements for airworthiness of aircraft operating in Nigeria are set forth in Part 5 of the ANRs. Part 6 provides regulations for the approval and monitoring of maintenance organizationsperforming maintenance on aircraft registered in Nigeria.

3.6.1.2 With the assistance of consultants from the United States and Nigeria, the NCAA has recentlyestablished a comprehensive airworthiness code, adopted as the NCARs. The stated intent of the NCARs isto provide detailed interpretation and implementation standards of the regulations presented in the ANRs. Theformat, and to a large extent the contents, of the NCARs correspond with the JARs.

3.6.1.3 NCAR-36 requires airplanes to comply with noise certification standards; however, theNCAA has not yet issued any noise certificates to be carried on board aircraft registered in Nigeria inaccordance with the applicable regulations. Furthermore, procedures for the granting and validation of a noisecertificate have not yet been developed.

3.6.1.4 There is no system or procedures established to ensure that any amendments made to theJARs or ICAO SARPs are adopted so that the NCARs remain current with the SARPs and JARs, on whichthey are based.

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3.6.1.5 The Airworthiness Department within the NCAA is under the responsibility of a GeneralManager of Airworthiness, who reports to the Director of the DAOS. The Airworthiness Department consistsof three divisions: Monitoring, Approval and Standards, and Certification. A staff of fifty-nine people makesup the three divisions that are principally responsible for all matters concerning the registration of aircraft,aircraft airworthiness, type certification validation, monitoring of continuing airworthiness of aircraft,approval of maintenance organizations, and the certification of operators.

3.6.1.6 Detailed policy and procedures to be used by the regional offices in Kaduna and PortHarcourt have yet to be developed with respect to the retention of documents and files, the limitations of theinspectors’ authority, the location of company and aircraft approvals, etc. The Director of the DAOS is in theprocess of developing a policy and procedures manual to be used by the directorate to address areas such asduties and responsibilities, management structure, general practices and procedures, and trainingdevelopment.

3.6.1.7 With the assistance of a consultant, the NCAA has recently developed an AirworthinessInspector Handbook to be used by the Airworthiness Department of the DAOS. Although this manual hasbeen formally introduced, many of the old checklists are still in use. Furthermore, a review of the handbookrevealed the need for additional procedures to be incorporated and for the handbook to be harmonized withParts 5 and 6 of the ANRs. In addition, the NCAA has not yet provided guidance material reflecting theseprocedures to the Nigerian civil aviation industry.

3.6.1.8 Inspectors are issued proper credentials to assist them in their duties. NCAA vehicles are alsoavailable for inspectors when carrying out their surveillance activities.

3.6.1.9 For the issue and renewal of the Certificate of Airworthiness (C of A), the AirworthinessDepartment has developed a comprehensive system requiring the submission of an application, including anairworthiness directive compliance list, weight and balance report, aircraft inspection report and a copy ofthe radio licence. The procedures and checklist used have recently been changed in the AirworthinessInspector Handbook, but the new forms have not yet been used. A review of some aircraft files revealedcomprehensive packages for the C of A renewal; however, one aircraft file reviewed was missing thecomplete C of A renewal package for 1999.

3.6.1.10 With respect to the importation of aircraft, the NCAA has recently established acomprehensive airworthiness code in the NCARs, which is based on the JARs. However, the ANRs stipulatethat imported aircraft to be used in commercial air transport must have received original type certificationfrom a JAA member state, Canada or the United States, which is used as the basis for the validation for newaircraft. The NCAA has not yet developed its new type validation procedures to be used when making thenecessary evaluation. Furthermore, some aircraft are presently on the Nigerian civil register that do not meetthe requirements set forth in the ANRs. However, the NCAA has not exempted or taken the necessary actionwith respect to aircraft on the civil register that no longer meet the new airworthiness requirements.

3.6.1.11 The Airworthiness Department is presently carrying out inspections of ApprovedMaintenance Organizations (AMOs) for certification every twenty-four months and conducts inspections ofits air operators and AMOs according to an established plan. Although the plan identifies inspections at leasttwice a year, records of such inspections are not always found on file. Furthermore, continuous surveillanceactivities are not always documented and are not conducted according to a structured plan.

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3.6.1.12 The NCAA has established a regulatory requirement for the exchange of continuingairworthiness information. Although it has established a mandatory reporting system by which it receivesinformation on aircraft incidents from the operators, this information is not systematically followed up or,where necessary, transmitted to the organization in charge of the design of the aircraft, or to the civil aviationauthority in charge of the supervision of this design organization. Furthermore, detailed procedures onmandatory occurrence reporting and fault defect reporting have not been developed for the Nigerian aviationindustry.

3.6.1.13 Within the Standards and Certification Section of the Airworthiness Department, an officehas been allocated for the Chief Airworthiness Surveyor who is also responsible for the civil register. Sincethe last ICAO safety oversight assessment in December 1999, the NCAA has developed a new civil aircraftlog and has developed a computer-based registry. Nigeria has commenced aggressive steps to control thelarge number of unserviceable aircraft that are presently littering airports throughout Nigeria. The NCAA hasrecently de-registered 463 aircraft and has given the aircraft owners a time frame for their removal anddisposal from the airports. As a result, there are now 205 aircraft on the civil register. Although steps havebeen taken to computerize the aircraft register, the Airworthiness Department has not limited access to thiscomputer. Furthermore, the shortage of office space has resulted in keeping the aircraft register files in lockedfiling cabinets outside the building.

3.6.1.14 With the new regulations in place, only seven operators who carry out their own maintenancehave applied for an AMO approval in accordance with NCAR-145 and only three to date have receivedapproval. A review of several AMO’s exposition (MOE) manuals revealed that the requirement for the NCAAto ensure that subcontracted work is properly monitored and controlled in accordance with NCAR-145requirements was not adequately adhered to. For example, the list of subcontract maintenance arrangementswas not included in the MOE. In addition, six foreign maintenance organizations have been approved by theDAOS in accordance with NCAR-145. The Airworthiness Department carries out inspection of these facilitiesonly upon the renewal of their AMO certificate once every two years. A review of an MOE of a foreign AMOrevealed that the Airworthiness Department does not formally accept or approve the manual and is onlyprovided courtesy copies of all amendments.

3.6.1.15 The NCAA has developed regulations requiring operators to develop an Operator’sMaintenance Management Exposition (OMME) that meets the minimum requirements set forth in Annex 6,Part 1, Section 11.2. However, none of the air operators in Nigeria have met these requirements. Furthermore,the Airworthiness Department has not developed adequate surveillance procedures to ensure that operatorsmaintain control of their responsibilities with respect to the continuing airworthiness of the aircraft theyoperate.

3.6.1.16 The NCAA has developed regulations requiring operators to maintain their aircraft inaccordance with a maintenance programme; however, most operators in Nigeria have not fully met theserequirements. A review of a few maintenance programme approvals revealed programmes to be incomplete.The programme approval does not always identify the frequency of all maintenance to be carried out, nor thebasis for the approval. Furthermore, when a reliability programme is necessary to support the maintenanceprogramme, the NCAA does not approve it.

3.6.1.17 With respect to the approval of an operator’s MEL, the Airworthiness Department and FlightOperations Department work closely together during the approval process. Procedures have been developedfor the approval of an operator’s MEL; however, these procedures were found to be insufficient. The

- 17 -


procedures to approve an operator’s MEL and to authorize special operations, such as extended rangeoperations by twin-engined aeroplanes (ETOPS), reduced vertical separation minimum (RVSM), minimumnavigation performance specifications (MNPS), CAT I, CAT II and CAT III, need to be further developed,and responsibilities and work distribution between operations and airworthiness inspectors and departmentsneed to be defined.

3.6.1.18 The NCAA has not developed detailed procedures for specialized maintenance activities suchas aircraft welding and non-destructive testing methods used by air operators and maintenance organizationsand has not established a standard for the approval and surveillance of these specialized activities.

3.6.1.19 ANR, Part V, establishes the requirement for all major modifications to be approved priorto the issuance of a C of A. Additional regulations and procedures are still required to be developed to provideguidance to aircraft operators and maintenance organizations by setting out an acceptable means for showingthat modifications and repairs to aircraft comply with appropriate airworthiness requirements and provideprocedures for the retention of substantiating data to support compliance with the airworthiness requirements.

3.6.1.20 Nigeria has established a comprehensive airworthiness code that is principally based on theJARs; hence, regulations are in effect for the design of aeronautical products. Nigeria, however, is not adesign or manufacturing State at this time.


3.6.2.1 In its action plan, the NCAA indicated that it has revised the Airworthiness InspectorHandbook to include the procedures necessary for the supervision of the airworthiness of aircraft, includingwritten procedures and associated checklists for the validation of type certificates; issuance of noisecertificates; approval of modifications and repairs; issuance of export C of As; approval of MELs; approvalof lease agreements; and weight and balance reports. Associated guidance material to assist the industry hasalso been prepared.

3.6.2.2 The NCAA indicated that it has developed new procedures and enhanced existingprogrammes to establish a system by which information on faults, malfunctions, and defects that might causeadverse effects on the continuing airworthiness of the aircraft is transmitted to the organization in chargeof the design of the aircraft, as well as to the CAA in charge of the supervision of this design organization.The NCAA indicated that it follows up on all reported incidents and has developed procedures on mandatoryoccurrence reporting.

3.6.2.3 In response to the recommendation concerning the validation of type certificates, the NCAAindicated that it has revised its procedures to ensure that the newly developed airworthiness code is used asthe basis for validations. Exemptions have been issued to aircraft currently on the register which do not meetthe new requirements.

3.6.2.4 The NCAA indicated that it has developed procedures to ensure that maintenanceorganization MOEs include clear guidance on subcontracted maintenance arrangements in accordance withNCAR-145. Procedures have been established to ensure that all foreign AMOs receive formal acceptanceor approval of their MOEs.

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3.6.2.5 With regard to the lack of guidance material available for the industry, the NCAA indicatedthat it has now developed detailed procedures for air operators to describe the preparation and approval ofmaintenance and reliability programmes.

3.6.2.6 With respect to the recommendation that procedures be updated for the approval of MELsand special operations, such as ETOPS, RVSM, MNPS, CAT 1, CAT II and CAT III, to take into accountICAO SARPs and guidance material and to provide for inter-departmental coordination, the NCAA indicatedthat the appropriate procedures have now been updated and are included in the Inspector Handbook.

3.6.2.7 The NCAA indicated that procedures have also been added to the Inspector Handbook forspecialized maintenance activities such as aircraft welding and non-destructive testing.

3.6.2.8 The NCAA indicated that it has now developed procedures for issuing and validating aircraftnoise certificates.

3.6.2.9 In order to implement a plan for the continuing surveillance of operators and AMOs for theentire period of validity of their certificates, the NCAA indicated that it has fine-tuned its existing proceduresand included a system whereby surveillance is recorded at all times and is conducted in accordance with anestablished plan. For better surveillance, an additional regional office has been created in Abuja to enhancethe monitoring activities of the two existing regional offices.

3.6.2.10 The NCAA indicated that it has now developed regulations and procedures for the approvalof modifications and repairs to provide comprehensive guidance to aircraft operators and maintenanceorganizations on: the approval basis; compatibility of modifications and repairs; responsibilities of holdersof approvals; retention of modifications and repair data and records; and criteria for the classification ofmajor and minor repairs.

3.6.2.11 The NCAA indicated that it will provide suitable accommodation and equipment for theaircraft registry office before November 2001 which will include aircraft registry files being kept indoors infire-proof filing cabinets with locks, controlled access to the registry computer, and the backup of registryfiles.

3.6.2.12 To address the need for detailed procedures and guidance material to assist operators in thedevelopment of their OMMEs, the NCAA indicated that appropriate procedures and guidance material havenow been prepared and made available to the operators.

4. COMMENTS

As indicated above, Nigeria submitted an action plan on 6 June 2001, addressing all thefindings and recommendations that were forwarded, including comments and feedback on the interim reportsent on 4 May 2001. The progress reports submitted by the NCAA on 20 September 2001 and23 January 2002 indicate that it considers that the majority of ICAO recommendations have now beencomplied with. With respect to the matters which remain outstanding, the NCAA is encouraged to keep ICAOregularly informed with regard to the implementation of the proposed action plan and the progress made inaccordance with the schedule established.

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5. STATUS OF IMPLEMENTATION AND DIFFERENCES FROM THE ICAO SARPs

Differences identified during the audit are found in the appendices to this summary reportand differences vis-a-vis Standards will be included in the relevant Annex Supplement in line with Article 17of the MOU signed between Nigeria and ICAO. It is to be noted that the identification of differences betweenthe national regulations and the SARPs of Annexes 1 and 6 was complicated by the fact that there are twodifferent sets of regulations in force (the ANRs and NCARs) dealing with overlapping subject matters. Sinceit is the intention of the NCAA to implement the NCARs, the list of differences in Appendices A and B isbased on this set of regulations and not on the requirements found in the ANRs. However, with respect tothose requirements not found in NCAR-FCL 1 and 2 (principally, medical standards, flight engineer, airtraffic controller and fight operations officer licences), the list of differences is derived from the requirementsfound in the ANRs. The list of differences in Appendices A and B may not be exhaustive and Nigeria is urgedto harmonize and review its national legislation and regulations and to notify ICAO of any further differences,as required under Article 38 of the Chicago Convention.

— — — — — — — —


APPENDIX A

STATUS OF IMPLEMENTATION AND LIST OF DIFFERENCESFROM THE ICAO STANDARDS

(ANNEX 1 — PERSONNEL LICENSING)

ICAOStandardreference

Nigeria’sregulationreference

Differences between the national regulations of Nigeria and ICAO Standards

1.2.4.21.2.5.21.2.5.2.1

ANR 2.5.2.4 Duration of medical certificates: CPL, ATPL and Flight Engineer (Class 1)is six months regardless of age; ATC (Class 2 or 3) is twenty-four months.

1.2.4.5 Not implemented.

1.2.4.5.1 Not implemented.





1.2.7.2 Not implemented .

2.12 Nigeria does not issue glider pilot licences.

2.13 Nigeria does not issue free balloon pilot licences.

3.2 Nigeria does not issue flight navigator licences.

3.3.1.2 ANR 2.3.1.6 Knowledge requirements do not include human performance andlimitations, flight performance and planning or radiotelephony.

4.3.1.1 ANR 2.4.2.3 Minimum age for applicants is eighteen, not twenty-one.

4.3.1.2 ANR 2.4.2.4 Knowledge requirements do not include human performance andlimitations.

4.3.1.3 ANR2.4.2.6(a)

Six months service required.

4.3.1.4 ANR2.5.2.3(c)

A Class 2 medical assessment is required for air traffic controllers over theage of forty.


A-2



Differences between the national regulations of Nigeria and ICAO Standards

4.4.1.1 ANR 2.4.2.2 Provision is made only for a “facility rating”.

4.4.2.1 ANR 2.4.2.4 Knowledge requirements are not specified for these ratings.

4.4.2.2.1 ANR 2.4.2 No requirement for an applicant to complete an approved training course;no experience requirements are specified for these ratings.

4.4.3.14.4.3.2

ANR 2.4.2.8 Privileges are not set forth for each of these ratings.


4.5.1.2 ANR 2.4.3.3 No particular knowledge requirements are specified.

4.5.1.4 ANR 2.4.3.5 No particular skill requirements are specified.

4.6 Nigeria does not issue aeronautical station operator licences.

6.1.1 ANR 2.5.2.3 A Class 3 medical assessment is required for glider and balloon ratings, anda Class 2 medical assessment for air traffic controllers over the age of forty.

6.1.3 Not implemented.



A-3



(ANNEX 6 — OPERATION OF AIRCRAFT)(PART I — International Commercial Air Transport — Aeroplanes)



Differences between the national regulations ofNigeria and ICAO Standards




4.7.1 NCAR-OPS 11.245 and1.246

Not required for aircraft of maximum take-off mass not exceeding45 000 kg.


6.13 Not implemented.






A-4



(ANNEX 6 — OPERATION OF AIRCRAFT)(PART II — International General Aviation — Aeroplanes)





A-5



(ANNEX 6 — OPERATION OF AIRCRAFT)(PART III — International Operations — Helicopters)




Section II






Section III






2.8.1, 2.8.2,2.8.3 and 2.8.4

Not implemented.

2.9.1and 2.9.2 Not implemented.






4.9.2, 4.9.3and 4.9.4

Not implemented.

A-6



(ANNEX 8 — AIRWORTHINESS OF AIRCRAFT)




Part II NCAR 21.3 Other means of compliance. The NCAA shares information on in-service difficulties for foreign products with the State of design, notwith the organization responsible for the type design.



Part III andPart IV

Nigeria has developed a comprehensive airworthiness Code based onthe JARs that includes all the design standards. However, Nigeria atthis time is not a design or manufacturing State.

— — — — — — — —


APPENDIX B

STATUS OF IMPLEMENTATION AND LIST OF DIFFERENCESFROM THE ICAO RECOMMENDED PRACTICES

(ANNEX 1 — PERSONNEL LICENSING)

Note. — The Chicago Convention requires that a Contracting State file differences existingbetween its regulations and ICAO Annex Standards. However, due to the specific mandategiven to ICAO for the implementation of the ICAO Universal Safety Oversight AuditProgramme, it is necessary to include differences existing between the national regulationsand ICAO Recommended Practices, including Annex definitions, to encourageimplementation and for inclusion in the summary report.

ICAO Rec.

Practice


Differences between the national regulations ofNigeria and ICAO Recommended Practices

1.2.5.2.2 ANR 2.5.2.4 Duration of medical certificate for CPL is always six months, regardless ofage.


2.1.10.2 NCAR-FCL11.060

Commercial air transport operations up to the age of sixty-five is permittedprovided that it is a multi-crew operation and the other pilot is under theage of sixty.

3.3.1.2.1 ANR 2.3.1.6 Knowledge requirement does not include fundamentals of navigation andprinciples and operation of self-contained systems.

3.3.1.3.2 ANR2.3.1.8(b)

Partially implemented.





B-2


(ANNEX 6 — OPERATION OF AIRCRAFT)(PART I — International Commercial Air Transport — Aeroplanes)

Note. — The Chicago Convention requires that a Contracting State file differences existingbetween its regulations and ICAO Annex Standards. However, due to the specific mandategiven to ICAO for the implementation of the ICAO Universal Safety Oversight AuditProgramme, it is necessary to include differences existing between the national regulationsand ICAO Annex Recommended Practices including Annex definitions, to encourageimplementation and for inclusion in the summary report.

ICAORec.

Practice







11.5.3 NCAR 1.1065 Retention period three months.

B-3



(ANNEX 6 — OPERATION OF AIRCRAFT)(PART II — International General Aviation — Aeroplanes)

Note: — The Chicago Convention requires that a Contracting State file differences existingbetween its regulations and ICAO Annex Standards. However, due to the specific mandategiven to ICAO for the implementation of the ICAO Universal Safety Oversight AuditProgramme, it is necessary to include differences existing between the national regulationsand ICAO Annex Recommended Practices including Annex definitions, to encourageimplementation and for inclusion in the summary report.

ICAORec.

Practice




B-4



(ANNEX 6 — OPERATION OF AIRCRAFT)(PART III — International Operations — Helicopters)

Note. — The Chicago Convention requires that a Contracting State file differences existingbetween its regulations and ICAO Annex Standards. However, due to the specific mandategiven to ICAO for the implementation of the ICAO Universal Safety Oversight AuditProgramme, it is necessary to include differences existing between the national regulationsand ICAO Annex Recommended Practices including Annex definitions, to encourageimplementation and for inclusion in the summary report.

ICAORec.

Practices




Section III











— END —

Documents

audit Summary Report Of The Civil Aviation Authority Of ...cfapp.icao.int/fsix/AuditReps/initial/nigeria_2001_en.pdf · ICAO Universal Safety Oversight Audit Programme AUDIT SUMMARY