SUBPART A

General

 

142.1 Applicability

(a)   This subpart prescribes the requirements governing the certification and operation of aviation training centers.

(b)   No person may conduct any required training, testing, or checking under Part 121, or for any foreign air carrier, or conduct any training, testing, or checking in advanced flight training devices or flight simulators, or any other training under Subpart F of this Part, without, or in violation of, the certificate and training specifications required by this Part, except for an air carrier with which they have a specific relationship.

 

142.3   Definitions

As used in this Part:

(a)      Advanced flight training device as used in this Part, means a flight training device that has a cockpit that accurately replicates a specific make, model, and type aircraft cockpit, and handling characteristics that accurately model the aircraft handling characteristics;

(b)     Aviation training center means an organization governed by the applicable requirements of this Part that provides training, testing, and checking under contract or other arrangement to airmen, or any other persons specified in subpart F of this Part, subject to the requirements of the Parts or foreign regulations;

(c)      Core curriculum means a set of courses approved by the ECAA, for use by a training center. The core curriculum consists of training, which is required for a certificate or license. It does not include training for tasks and circumstances unique to a particular user;

(d)     Course means:

(1)      A program of instruction to obtain certification/license, rating, qualification, authorization, or currency;

(2)      A program of instruction to meet a specified number of requirements of a program for training, certification/license, rating, qualification, authorization, or currency;

(3)      A curriculum or a curriculum segment; or

(4)      A program of instruction to meet a specified number of requirements to obtain certification/license, rating, qualification, authorization, or currency as a result of training under subpart F of this Part.

(e)   Courseware means instructional material developed for each course or curriculum, including lesson plans, flight event descriptions, computer software programs, audiovisual programs, workbooks, and handouts;

(f)    Evaluator means a person employed by a training center certificate holder who performs tests for certification, added ratings, authorizations, and proficiency checks that are authorized by the certificate holder's training specification, and who is authorized by the ECAA to administer such checks and tests;

(g)   Flight training equipment means flight simulators, flight training devices and aircraft;

(h)   Instructor means a person employed by a training center and designated to provide instruction in accordance with subpart C of this Part;

(i)    Line-operational simulation means simulation conducted using operational-oriented flight scenarios that accurately replicate interaction among cockpit crew members and between cockpit crewmembers and dispatch facilities, other crewmembers, air traffic control, and ground operations. Line operational simulations are conducted for training and evaluation purposes and include random, abnormal, and emergency occurrences. Line operational simulation specifically includes line-oriented flight training, special purpose operational training, and line operational evaluation;

(j)    Specialty curriculum means a set of courses that is designed to satisfy a requirement of the Egyptian Civil Aviation Regulations and that is approved by the ECAA for use by a particular training center. The specialty curriculum includes training requirements unique to one or more training center clients;

(k)   Specific relationship means, for the purpose of this Part, any training center owned or operated by an air carrier will be considered to have a specific relationship with that air carrier;

(l)    Training program consists of courses, courseware, facilities, flight training equipment, and personnel necessary to accomplish a specific training objective. It may include a core curriculum and a specialty curriculum; and

(m)  Training specification means a document issued to a training center certificate holder by the ECAA that prescribes that center's training, checking, and testing authorizations and limitations, and specifies training program requirements.

 

 142.5 Certificate and training specifications required

(a) No person may operate a training center without, or in violation of, a training center certificate and training specifications issued under this Part.

(b) An applicant will be issued a training center certificate and training specifications with appropriate limitations if the applicant shows that it has adequate facilities, equipment, personnel, and courseware required by 142.11 to conduct training approved under this Part.

 

142.6  Contents of training center certificate

          The certificate document shall contain at least the following:

(a) Organization’s name and location;

(b) Date of issue and period of validity (where appropriate);

(c) Terms of approval.

 

142.7 Duration of a certificate

(a) Except as provided in paragraph (b) of this section, a training center certificate issued under this Part is effective for twelve calendar months, or until the certificate is surrendered or until the ECAA suspends, revokes, or terminates it.

(b) When the ECAA suspends, revokes, or terminates a training center certificate the holder of that certificate shall return the certificate to the ECAA within 6 working days after being notified that the certificate is suspended, revoked, or terminated.

 

 142.9 Deviations or waivers

(a) The ECAA may issue deviations or waivers from any of the requirements of this Part.

(b) A training center applicant requesting a deviation or waiver under this section must provide the ECAA with information acceptable to the ECAA that demonstrates:

(1)   Justification for the deviation or waiver; and

(2)   That the deviation or waiver will not adversely affect the quality of instruction or evaluation.

 

142.11 Application for issuance or amendment

(a)   An application for a training center certificate and training specifications shall:

(1)   Be made on a form and in a manner prescribed by the ECAA;

(2)   Be filed with the ECAA, along with two copies of the training center policy and procedures manual required in paragraph (h) of this section and a statement of compliance with this Part; and

(3)   Be made at least 120 calendar days before the beginning of any proposed training or 60 calendar days before effecting an amendment to any approved training, unless a shorter filing period is approved by the ECAA.

(b)   Each application for a training center certificate and training specification shall provide:

(1)   A statement showing that the minimum qualification requirements of 142.13 for each management position are met or exceeded;

(2)   A statement acknowledging that the applicant shall notify the ECAA within 10 working days of any change made in the assignment of persons in the required management positions;

(3)   The proposed training authorizations and training specifications requested by the applicant;

(4)   The proposed evaluation authorization;

(5)   A description of the flight training equipment that the applicant proposes to use;

(6)   A description of the applicant's training facilities, equipment, and qualifications of personnel to be used, and proposed evaluation plans;

(7)   A training program curriculum, including syllabi, outlines, courseware, procedures, and documentation to support the items required in subpart B or F of this Part, upon request by the ECAA;

(8)   A description of a record keeping system that will identify and document the details of training, qualification, and certification of students, instructors, and evaluators; and

(9)   A description of quality control measures proposed.

(c) The facilities and equipment described in paragraph (b)(6) of this section shall:

(1) Be available for inspection and evaluation prior to approval; and

(2) Be in place and operational at the location of the proposed training center prior to issuance of a certificate under this Part.

 (d)  An applicant who meets the requirements of this Part and is approved by the ECAA is entitled to:

(1)   A training center certificate containing all business names included on the application under which the certificate holder may conduct operations and the address of each business office used by the certificate holder; and

(2)   Training specifications, issued by the ECAA to the certificate holder, containing:

(i)    The type of training authorized, including approved courses;

(ii)   For each flight simulator or flight training device, the make, model, and series of airplane or the set of airplanes being simulated and the qualification level assigned, or the make, model, and series of helicopter, or set of helicopters being simulated and the qualification level assigned;

Note: All flight simulators and flight training devices are subject to qualification evaluation by the ECAA, according to EAC 121-1;

(iii)  Authorized deviations or waivers from this Part; and

(iv)  Any other items the ECAA may require or allow.

 (e)  The ECAA may deny, suspend, revoke, or terminate a certificate under this Part if the ECAA finds that the applicant or the certificate holder:

(1)   Held a training center certificate that was revoked, suspended, or terminated within the previous 2 years; or

(2)   Employs or proposes to employ a person who:

(i)    Was previously employed in a management or supervisory position by the holder of a training center certificate that was revoked, suspended, or terminated within the previous 2 years; or

(ii)   Exercised control over any certificate holder whose certificate has been revoked, suspended, or terminated within the last 2 years; and contributed materially to the revocation, suspension, or termination of that certificate and who will be employed in a management or supervisory position, or who will be in control of or have a substantial ownership interest in the training center.

(3)   Has provided incomplete, inaccurate, fraudulent, or false information for a training center certificate; and

(4)   Should not be granted a certificate if the grant would not foster aviation safety.

(f)    At any time, the ECAA may amend a training center certificate:

(1)   On the ECAA's own initiative; or

(2)   Upon timely application by the certificate holder.

(g)   The certificate holder must file an application to amend a training center certificate at least 60 calendar days prior to the applicant's proposed effective amendment date unless a different filing period is approved by the ECAA.

(h)   The training center shall provide a training and procedures manual for the use and guidance of personnel concerned. This manual may be issued in separate parts and shall contain at least the following information:

(1) A general description of the scope of training authorized under the training center’s terms of approval;

(2) The content of the training programmes offered including the courseware and equipment to be used;

(3) A description of the organization’s quality assurance system

(4) A description of the training center facilities;

(5) The name, duties and qualification of the person designated as responsible for compliance with the requirements of the approval in paragraph 5.1;

(6) A description of the duties and qualification of the personnel designated as responsible for planning, performing and supervising the training;

(7) A description of the procedures used to establish and maintain the competence of instructional personnel;

(8) A description of the method used for the completion and retention of the training records;

(9) A description, when applicable, of additional training needed to comply with an operator’s procedures and requirements; and

(10) When a State has authorized an approved training center to conduct the testing required for the issuance of a license or rating, a description of the selection, role and duties of the authorized personnel, as well as the applicable requirements established by the ECAA.

 

142.13 Management and personnel requirements

 An applicant for a training center certificate must show that:

(a)   For each proposed curriculum, the training center has, and shall maintain, a sufficient number of instructors who are qualified in accordance with subpart C of this Part to perform the duties to which they are assigned;

(b)   The training center has designated, and shall maintain, a sufficient number of approved evaluators to provide required checks and tests to graduation candidates within 7 calendar days of training completion for any curriculum leading to an airmen certificate/license or ratings, or both;

(c)   The training center has, and shall maintain, a sufficient number of management personnel, according to (e) and (f) of this section, which shall include at least a general manager and a chief instructor, who are qualified and competent to perform required duties;

(d)   The management representative, and all personnel who are designated by the training center to conduct direct student training, are able to understand, read, write, and fluently speak the English language;

(e)   To serve as general manager of a training center a person must:

(1)   Hold or have held an airline transport pilot, commercial pilot or engineer license, as appropriate; and

(2)   For an aviation training center conducting training in advanced flight training devices or simulators, have at least 3 years supervisory or managerial experience within the last 6 years in a position that exercised operational control over any operations conducted under Parts 121, 141,147 or equivalent regulations.

 (f)   To serve as a chief instructor of a training center a person must:

(1)   Hold or have held an airline transport pilot or commercial pilot license; and

(2) Have at least 3 years experience, as pilot in command of a large airplane operated under Part 121 or equivalent regulations.

(g)   All instruction personnel receive initial training as given in training guidence in EAC-121-1

 

142.15 Facilities

(a)      The facilities and working environment shall be appropriate for the task to be performed and be acceptable to the Licensing Authority.

(b)      The training organization shall have, or have access to, the necessary information, equipment, training devices and material to conduct the courses for which it is approved.

(c)      Synthetic training devices shall be qualified according to requirements established by the State and their use shall be approved by the Licensing Authority to ensure that they are appropriate to the task.

Note: The Criteria for the Qualification of Flight Simulators (EAC-121-1) provides guidance on the approval of flight simulators.

 

142.17 Reserved

 

142.19 Foreign training centers: Special rules

(a)   In the discretion of the ECAA, a training center located outside Egypt may be certificated by the ECAA pursuant to Part 142.

(b)   A training center located outside Egypt may prepare and recommend Egyptian applicants for an airman certificate/license and may prepare and recommend applicants for authorizations, endorsements, and added ratings to an ECAA-issued certificate/license, and may issue such certificate/license, authorizations, endorsements, and added ratings to the extent authorized and approved by the ECAA.

 

142.21 Testing for prohibited drugs

(a)   Each certificate holder shall test each of its employees who performs a function listed in appendix I to Part 121 in accordance with that appendix.

(b)   No certificate holder may use any contractor to perform a function listed in appendix I to Part 121 unless that contractor tests each employee performing such a function for the certificate holder in accordance with that appendix.

(c)   Each certificate holder shall submit a drug testing program plan to the ECAA (specifying the procedures for all testing required by appendix I) not later than January 1, 2002. Each certificate holder shall implement its program not later than 30 days after approval of the program by the ECAA. In any case the final implementation date of this program shall not be later than March 1, 2002.

(d)   Starting from September 1, 2001, ECAA may conduct random drug testing checks.

 

142.23 Misuse of alcohol

(a)   General: This section applies to employees who perform a function listed in appendix J to Part 121 for a certificate holder (covered employees). For the purpose of this section, a person who meets the definition of covered employee in appendix J is considered to be performing the function for the certificate holder.

(b)   Alcohol concentration: No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No certificate holder having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions.

(c)   On-duty use. No covered employee shall use alcohol while performing safety-sensitive functions. No certificate holder having actual knowledge that a covered employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions.

(d)   Pre-duty use:

(1)   No covered employee shall perform training duties within 8 hours after using alcohol. No certificate holder having actual knowledge that such an employee has used alcohol within 8 hours shall permit the employee to perform or continue to perform the specified duties; and

(2)   No covered employee shall perform safety-sensitive duties other than those specified in paragraph (d)(1) of this section within 4 hours after using alcohol. No certificate holder having actual knowledge that such an employee has used alcohol within 4 hours shall permit the employee to perform or continue to perform safety-sensitive functions.

(e)   Use following an accident: No covered employee who has actual knowledge of an accident involving an aircraft for which he or she performed a safety-sensitive function at or near the time of the accident shall use alcohol for 8 hours following the accident, unless he or she has been given a post-accident test under appendix J to Part 121, or the employer has determined that the employee's performance could not have contributed to the accident.

(f)    Refusal to submit to a required alcohol test. No covered employee shall refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol test required under appendix J to Part 121. No certificate holder shall permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions.

 

142.25 Testing for alcohol

(a)   Each certificate holder must establish an alcohol misuse prevention program in accordance with the provisions of appendix J to Part 121.

(b)   No certificate holder shall use any person who meets the definition of covered employee in appendix J to Part 121 to perform a safety-sensitive function listed in that appendix unless such person is subject to testing for alcohol misuse in accordance with the provisions of appendix J.

(c)   Each certificate holder shall submit an alcohol misuse prevention program plan to the ECAA (specifying the procedures for all testing required by appendix J) not later than January 1, 2002. Each certificate holder shall implement its program not later than 30 days after approval of the program by the ECAA. In any case the final implementation date of this program shall not be later than March 1, 2002.

(d)   Starting from September 1, 2001, ECAA may conduct random alcoholic testing.

 

142.27 Display of certificate

(a)   Each holder of a training center certificate must prominently display that certificate in a place accessible to the public in the principal business office of the training center.

(b)   A training center certificate and training specifications must be made available for inspection upon request by:

(1)   The ECAA; and

(2)    Any authorized representative of the ECAA.

 

142.29 Inspections

Each certificate holder must allow the ECAA to inspect training center personnel, facilities, equipment, and records at any reasonable time and in any reasonable place in order to determine compliance with or to determine initial or continuing eligibility under the training center's certificate and training specifications; in accordance with the requirements of the Egyptian Civil Aviation Law 28/1981, as amended.

 

142.31 Advertising limitations

(a)   A certificate holder may not conduct, and may not advertise to conduct, any training, testing, and checking that is not approved by the ECAA if that training is designed to satisfy any requirement of this Part.

(b)   A certificate holder whose certificate has been surrendered, suspended, revoked, or terminated must:

(1)   Immediately suspend all training operations;

(2)   Promptly remove all indications, including signs, wherever located, that the training center was certificated by the ECAA; and

(3)   Promptly notify all advertising agents, or advertising media, or both, employed by the certificate holder to cease all advertising indicating that the training center is certificated by the ECAA.

 

142.33 Training agreements

A pilot school certificated under Part 141 may provide training, testing, and checking for a training center certificated under this Part if:

(a)   There is training, testing, and checking agreement between the certificated training center and the pilot school;

(b)   The training, testing, and checking provided by the certificated pilot school is approved and conducted in accordance with this Part;

(c)   The pilot school certificated under Part 141 obtains ECAA approval for a training course outline that includes the portion of the training, testing, and checking to be conducted under Part 141; and

(d)   Upon completion of training, testing, and checking conducted under Part 141, a copy of each student's training record is forwarded to the Part 142 training center and becomes part of the student's permanent training record.