General Aviation Regulations Amended in Turkey

General Aviation Regulation SHY-6B (“SHY-6B”) fundamentally setting a framework on licensing procedures and standard requirements for air operators is published on the Official Gazette No.31108 dated April 24, 2020 by revoking the previous version of SHY-6B lastly published on May 2013. DGCA, the civil aviation authority of Turkey, reasons and clarifies the novel SHY-6B regulations as an adaption of the procedures and requirements necessitated under the European Union regulation of EU No. 965/2012 for the air operators carrying out or will be carrying out special commercial operations. In doing so, it is aimed at strengthening the safety requirements and enhancing more systematical and controlled air operations. Hereinafter, the new SHY-6B regulations covering essential standards, requirements and procedures for licensing of the air operators will be clarified.

Special Operations (“SPO”)

Within the scope of the Regulation, SPO is defined as any operation other than commercial air transportation, where the aircraft is used for special activities such as agriculture, construction, photography, cartography, aerial geophysical researches, observation and exploration, aerial advertisement, maintenance control flight.  The operations fall into the scope of the special operations in cases where;

• the operation is performed near the surface according to the scope of the mission in question,
• an extraordinary maneuver is made,
• Special equipment is required for the maneuverability of the aircraft and for the performance of the mission,
• Harmful substances affecting the maneuverability of the aircraft or during the flight are removed,
• External loads or materials are halt or lifted,
• Persons are entered into or exit from the aircraft.

Operator License

Any real person and legal entity willing to operate in certain areas which specified in SHY-6B should obtain an operator license from DGCA. These certain areas that are required to obtain such license are provided respectively as; i) Non-Commercial Operations with Non-Complex Non-Motor-Powered Aircraft-NCO (“B1”); ii) Commercial Special Operations-SPO (“B2”); iii) Training Operations (“B3”); Non-Commercial Operations With Non-Complex Motor-Powered Aircraft-NCC(“B4”); Non-Commercial Special Operations-SPO(“B5”).

The operator license could be conditioned or limited for a determined time-period by DGCA. In a similar vein as the previous version of SHY-6B; in a case where national security or public order necessitates, or in a case where the applicant is condemned with a definite judgment or sentenced due to particular crimes placed under Turkish Criminal Law numbered 5237 which includes fraud and robbery; would not be provided with the license. This applies to the founding partners and the representatives of the entities as well.

Likewise, the previous version of SHY-6B, the requirements for application of the operator license are introduced by SHY-6B in order to avoid any misapplications. As per the clarifications, the documents to be provided to DGCA should embody wide range of data regarding the applicants and operations in request, from documents showing the shareholders structure to insurance policies. Within sixty days upon submission of these documents, DGCA notifies the applicant with the result of the application. In case a deeper examination is needed, DGCA may extent this period for an additional sixty days period provided that the applicant is duly informed in this respect.

In principle, the operator license is granted for an indefinite period. Yet, the operators may be audited by DGCA and thus, DGCA may limit or extent the period of the license by taking into account the compatibility of the requirements.

Operators

Operators are required to have sufficient number of qualified personnel according to the field which they will operate. Each operator shall assign a director to be in charge whom would be responsible for the continuity of the entire organization and checks of the compliance procedures of aviation regulations. Apart from such assignment, other executives should be appointed by the operator in relation to ground-handling, maintenance, training and security services. The operations of the appointed executives are deemed accountable to the manager. Specific conditions for the executives and directors are as follow;

• Essentially, the manager in charge has the full accessibility to the facilities of the operator and has the authority to access the other departments in the organization by giving instructions to those. Additionally, the manager should have at least 3 years of professional experience provided that other additional conditions defined by the operator are met.
• The executive who is responsible for the flight operations should have at least 3 years of professional experience as a pilot in the civil aviation industry and should have a valid flight crew license for at least one of the aircrafts in the fleet.
• The executive who is responsible for ground-handling services should have at least 3 years of professional experience in the civil aviation industry.
• The executive who is responsible for training services should have at least 3 years of professional experience as a pilot in the civil aviation industry and should have a valid flight crew  license for at least one of the aircrafts in the fleet together with the training experience.
• The executive who is responsible for the compliance monitoring services should have at least 2 years of professional experience in terms of quality compliance services.
• The executive who is responsible for the safety systems services should have should have at least 2 years of professional experience in the civil aviation industry or in the safety management system.
• The requirements for the executive who is responsible for the security services are determined separately.
• The requirements for the executive who is responsible for the maintenance services are designated under “SHY-M” regulations on airworthiness and maintenance requirements.

The operators are liable to provide the related data and documents regarding above-stated services to DGCA within 24 hours upon request. Furthermore, each operator should provide a sufficient compliance monitoring and security system and keep those active as long as the operational activities proceed. The powers and responsibilities of each executive and related personnel should be stated in the operator manual to be approved by DGCA. These executives referred hereinabove are deemed liable to DGCA together with the manager of the operator concerning the regarded area of services. In case of any absence in any of the executives quoted above, the operator would be entitled to replace the executive and shall inform DGCA of such replacement. DGCA is entitled to restrict the operator to operate for two months period until the replacement and may suspend the operations in case where the operator failed to replace in due time.

Shares and Shareholders

Similarly, as the previous version, SHY-6B regulates that the operators are obligated to notify DGCA within one month in the event of any alterations in the shareholder structure. In furtherance, likewise the previous version of the regulation, the new SHY-6B also requires that majority of shares of an operator should be nominative (registered). Additionally, the majority of the shareholders, board members and control and voting rights should be owned by Turkish citizens.

The Requirements for the Fleet

The operators should have at least one aircraft either owned or leased in its fleet. In case operator fails to reach fleet requirements it would be granted six months period by DGCA and the license would be subject to cancellation where it is not remedied in due course.

Transition Process

Since the novel SHY-6B regulations has repealed the previous version of SHY-6B dated May 14, 2019, a provisional clause is added for transition period for t operators to coordinate with the related persons, ensure the smoothness of the transition process and preclude any loss of right. Accordingly, the operators should build or reshape their operations and organizational structure to be compatible with the requirements and standards set forth under SHY-6B. In case any failure, the operating licenses of the operator would be suspended for six months. Unless the requirements are on timely manner, the operator license might be canceled by DGCA. Operators applied for the operator license prior to the date of issue of the new regulations, may be granted with the license subject to previous version of SHY-6B.

Foreign Registered Aircrafts

Remarkably, the new SHY-6B regulations gravitate towards Turkish registered aircrafts by promoting Turkish registered aircrafts for the special commercial operations over foreign registered aircrafts in case more than one air operator is operating in the same field. To this end, the foreign registered aircrafts would be restricted from operating through favoring the national registered aircrafts in case the above-stated conditions are met. The restriction referring the foreign registered aircrafts shall be applicable in six months following the date of SHY-6B which is April 24, 2020.

Pesticide Operations

The last remark also made by DGCA on the entities performing pesticide operations. Since, the pesticide operations are classified as special operations, the entities holding a relevant pesticide operations certificate are granted with 1 (one) year to obtain an operator license to operate as a general aviation operator.

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