1. Reasons for Amendment
As the Aviation Safety Act was revised (Act No. 18789; promulgated on January 18, 2022, and to be enforced on July 19, 2022) to separate the criteria for making dispositions for aviation personnel (Article 43 of the Act) and for aviation trainees (Article 47-2 of the Act), this amendment aims to improve and supplement some shortcomings that have emerged in the operation of the current system, such as specifying the practice permit required when taking the exam for the competency certification by aviation personnel, which was stipulated in the business manuals of entrusted exam institutions, as a statutory required document, while the Ministerial Ordinance lays down the detailed criteria for making dispositions for violations of an aviation trainee’s obligations.
2. Major Provisions
A. Provide detailed disposition criteria in the case of violating an aviation trainee’s obligations (Article 97 and attached Table 10)
As the Act separated the cancellation disposition criteria for aviation trainees, which had previously been applied mutatis mutandis to the cancellation criteria for the competency certification of aviation personnel, the Ministerial Ordinance stipulates detailed disposition criteria for aviation trainees, and otherwise supplements underlying provisions.
B. Complement the criteria for designating approved training organizations for air traffic controller and aircraft maintenance technician courses (attached Table 12)
Add the qualification criteria for course instructors in the subject of Aviation Regulations that have been omitted from the criteria for securing instructors in the criteria for designating approved training organizations for the aircraft maintenance technician course and clarify the wording so that there is no misunderstanding of the application of the "three-year practical experience" among the qualifications for practice instructors in the air traffic controller and aircraft maintenance technician courses.
C. Complement the required documents of the application form for the exam for the competency certification of aviation personnel (attached Form 35)
Although a flight practice permit and a control practice permit must be required when performing actual flight or actual control in the exam process for certified pilot or air traffic controller, until now, the statutory required documents of the exam application form for the competency certification of aviation personnel did not include any practice permit. Therefore, it aims to specify the practice permit, which was prescribed in the manuals of certification exam institutions, as a required document in the Ministerial Ordinance.
