Professional Documents
Culture Documents
Part 39
Part 39
Part 39
Airworthiness
Directives and
Reporting System
Issue 6, Rev.1 Dated January, 2019 Page 1
ECAR Part 39 Arab Republic of Egypt
Ministry of Civil Aviation
TABLE OF CONTENTS
ITEM TITLE
SUBPART A
39.1 Applicability
This Part prescribes airworthiness directives that apply to aircraft, aircraft engines,
propellers, or appliances (hereinafter referred to in this part as “products”) when:
(a) An unsafe condition exists in a product; and
(b) That condition is likely to exist or develop in other products of the same type
design.
39.3 General
No person may operate a product to which an airworthiness directive applies except in
accordance with the requirements of that airworthiness directive.
SUBPART B
The Mandatory Occurrence Reporting System
39.9 Objectives
(a) This Regulation aims to improve aviation safety by ensuring that relevant safety
information relating to civil aviation is reported, collected, stored, protected,
exchanged, disseminated and analyzed. This Regulation ensures:
(1) That, where appropriate, safety action is taken in a timely manner based on
analysis of the information collected;
(2) The continued availability of safety information by introducing rules on
confidentiality and on the appropriate use of information and through the
harmonized and enhanced protection of reporters and persons mentioned in
occurrence reports; and
(b) The sole objective of occurrence reporting is the prevention of accidents and
incidents and not to attribute blame or liability.
39.11 Definitions
For the purposes of this Regulation the following definitions apply:
(a) ‘Reporter’ means a natural person who reports an occurrence or other safety-related
information pursuant to this Regulation;
(b) ‘Aircraft’ means any machine that can derive support in the atmosphere from the
reactions of the air other than the reactions of the air against the earth's surface;
(c) ‘Incident’ An occurrence, other than an accident, associated with the operation of an
aircraft which affects or could affect the safety of operation.
(d) ‘Serious incident ‘An incident involving circumstances indicating that an accident
nearly occurred.
Note1. — The difference between an accident and a serious incident lies only in the
result.
(e) ‘Accident’ an occurrence associated with the operation of an aircraft which takes
place between the times any person boards the aircraft with the intention of flight
until such time as all such persons have disembarked, in which:
(1) A person is fatally or seriously injured as a result of:
(i) Being in the aircraft, or
(ii) Direct contact with any part of the aircraft, including parts which have
become detached from the aircraft, or
(iii) Direct exposure to jet blast, except when the injuries are from natural
causes, self-inflicted or inflicted by other persons, or
(iv)When the injuries are to stowaways hiding outside the areas normally
available to the passengers and crew; or
(2) The aircraft sustains damage or structural failure which:
(i) Adversely affects the structural strength, performance or flight
characteristics of the aircraft, and
(ii) Would normally require major repair or replacement of the affected
component, except for engine failure or damage, when the damage is
Page 4 Dated January. 2019 Issue 6, Rev.1
Ministry of Civil Aviation ECAR Part 39
Egyptian Civil Aviation Authority
limited to the engine, its cowlings or accessories; or for damage limited to
propellers, wing tips, antennas, tires, brakes, fairings, small dents or
puncture holes in the aircraft skin; or
(3) The aircraft is missing or is completely inaccessible.
Note1. — For statistical uniformity only, an injury resulting in death within thirty
days of the date of the accident is classified as a fatal injury by ICAO.
Note2. — An aircraft is considered to be missing when the official search has been
terminated \ and the wreckage has not been located.
(f) ‘Misidentified information’ means information arising from occurrence reports from
which all personal data such as names or addresses of natural persons have been
removed;
(g) ‘Occurrence’ means any safety-related event which endangers or which, if not
corrected or addressed, could endanger an aircraft, its occupants or any other person
and includes in particular an accident or serious incident;
(h) ‘Organization’ means any organisation providing aviation products and/or which
employs, contracts or uses the services of persons required to report occurrences in
accordance with Item 4(4);
(i) ‘Anonymiseation’ means the removal from occurrence reports of all personal details
relating to the reporter and to the persons mentioned in occurrence reports and any
details, including the name of the organisation(s) involved in the occurrence, which
may reveal the identity of the reporter or of a third party or lead to that information
being inferred from the occurrence report;
(j)‘hazard’ means a situation or an object with the potential to cause death or injury to a
person, damage to equipment or a structure, loss of material, or a reduction of
ability to perform a prescribed function;
(k) ‘Safety investigation authority’ means the permanent national civil aviation safety
investigation authority conducting or supervising safety investigations.
(l) ‘just culture’ means a culture in which front-line operators or other persons are not
punished for actions, omissions or decisions taken by them that are commensurate
with their experience and training, but in which gross negligence, willful violations
and destructive acts are not tolerated;
(m) ‘Point of contact’ means: ECAA
(n) ‘interested party’ means any natural or legal person or any official body, whether or
not having its own legal personality, that is in a position to participate in the
improvement of aviation safety by having access to information on occurrences
exchanged by the Egypt and which falls within one of the categories of interested
parties set out in Annex II;
(o) ‘State Safety Programme’ means an integrated set of legal acts and activities aimed
at managing civil aviation safety in Egypt;
(p) ‘Safety management system’ means a systematic approach to managing aviation
safety including the necessary organizational structures, accountabilities, policies
and procedures, and includes any management system that, independently or
integrated with other management systems of the organization, addresses the
management of safety.
39.33 Penalties
Egypt shall lay down the rules on penalties applicable to infringements of this
Regulation. The penalties provided for shall be effective, proportionate and dissuasive.
APPENDIX 1
LIST OF REQUIREMENTS APPLICABLE TO THE MANDATORY AND
VOLUNTARY OCCURRENCE REPORTING SCHEMES
Note: The data fields must be completed with the information requested. If it is not
possible for ECAA to include that information because it has not been provided by the
organization or the reporter, the data field may be completed with the value ‘unknown’.
However, with a view to ensuring that the appropriate information is transmitted, use of
that ‘unknown’ value should, to the best extent possible, be avoided, and the report
should, where possible, be completed with the information later.
2.2. Data fields relating to air navigation services when entering, in their respective
databases, information on every occurrence mandatorily reported and, to the best
extent possible, every occurrence voluntarily reported, organizations, Member
States and the Agency must ensure that occurrence reports recorded in their
databases contain at least the following information:
(a) ATM relation
(i) ATM contribution
(ii) Service affected (effect on ATM service)
(b) ATS Unit Name
APPENDIX II
REQUEST FOR INFORMATION FROM THE EGYPTIAN REPOSITORY
1. Name:
Function/position:
Company:
Address:
Tel.:
E-mail:
Date:
Nature of business:
Category of interested party (see Appendix II)
7. Access to information ECAA is not required to supply any requested information. It may
do so only if it is confident that the request is compatible with Regulation (EU) No
376/2014. The requestor commits itself and its organization to restrict the use of the
information to the purpose it has described under point d. It is also recalled that
information provided on the basis of this request is made available only for the purposes of
flight safety as provided in Regulation (EU) No 376/2014 and not for other purposes such
as, in particular, attributing blame or liability or for commercial purposes. The requestor is
not allowed to disclose information provided to it to anyone without the written consent of
the point of contact. Failure to comply with these conditions may lead to a refusal of access
to further information from the European Central Repository and, where applicable, to the
imposition of penalties.
Complete all sections where information is relevant Date Received by ECAA ECAA O ccurrence No.
For multi-choice boxes, indicate which entry is appropriate
Aircraft T ype and Series Registration Operator Date of Occurrence Flight Phase Nature of flight
DESCRIPTION
ENGINEERING DETAILS Constructor No Engine Type & Series Ground phase Maintenance Ground Handling
Unattended Taxying
Component / Part Location on aircraft Manual Overhaul / Repair Agency Maintenance Manufacturer advised
Reference Program
OC CM HT
Position
Issue Service Difficulty Report (SDR) for those item which will be considered incomplete or left open for
corrective action.