1. Reasons for Amendment

     The International Civil Aviation Organization (ICAO) has made it compulsory to implement health promotion activities for air traffic controllers, pilots, and other flight crew who are required to receive an aviation medical certification and accordingly, the Aviation Safety Act was amended (Act No. 18789; promulgated on January 18, 2022; to be enforced on January 19, 2023) to obligate the Minister of Land, Infrastructure and Transport, persons who have obtained an air traffic services certification, air operators, aircraft use business entities, and owners, etc. of aircraft for international flight operations to formulate and implement a health promotion activity plan each year for affiliated air traffic controllers or flight crew; and to prescribe that non-compliance may be punishable by an administrative fine of up to 5 million won. The Aviation Safety Act was further amended (Act No. 18952; promulgated on June 10, 2022; to be enforced on December 11, 2022) to prescribe, where an aircraft owner, etc. brings in a new type of aircraft, grounds on which a person who has completed a training course on the relevant aircraft administered by the manufacturer of the aircraft may be exempt from tests necessary for obtaining certificates of qualification, etc. Accordingly, this Amendment prescribes matters necessary for the content, formulation, and implementation of health promotion activity plans delegated by the Act; specifies the scope, etc. of exemption from tests necessary for obtaining certificates of qualification for persons who have completed a training course on the relevant aircraft administered by the manufacturer of the aircraft; includes simulated flight training hours in addition to actual flight training hours in candidate eligibility requirements for persons who intend to apply for a limited review for helicopters; and otherwise addresses and improves upon weaknesses that have emerged from operation.

2. Major Provisions

A. Supplement light sport aircraft classification criteria to allow safety certification of light sport aircraft even if an electric motor that uses a hydrogen power source or a battery other than a single reciprocating engine has been equipped (Article 4, subparagraph 4)

B. Prescribe that where an aircraft owner, etc. brings in a new type of aircraft, any person who has completed professional training on the relevant aircraft administered by the manufacturer of the aircraft (including a training institution affiliated with the aircraft manufacturer) may be exempt from theory and practical tests necessary for limited reviews of certifications of qualification (Article 89 (4) newly inserted; attached Table 4, subparagraphs 1 (b) and 2 (b))

C. Allow aviation medical certificates to be issued for a restricted scope of aviation services in accordance with the amended Article 40 (4) of the Aviation Safety Act, include the imposition of conditions or restrictions as restriction methods, add a Conditions or Restrictions field to the aviation medical certificate form, and otherwise make improvements to the relevant forms (Article 92 (3), Article 93 (5), and attached Form 45)

D. Specify matters to be included in health promotion activity plans; prescribe matters concerning reports on health promotion activity plans and health promotion activity performance; require the Aerospace Medical Association of Korea to support matters necessary for health promotion activities; and prescribe other matters necessary for the formulation and enforcement of health promotion activity plans (Article 96-2 newly inserted)

E. Newly insert a separate article for matters concerning the “establishment of standard aircraft departure/arrival and approach procedures and airways, etc.” based on a provision with similar grounds for delegation (Article 84), as the grounds for delegation from the Aviation Safety Act (Article 78) to a ministerial ordinance were previously unclear (Article 221 (4) amended and Article 247-2 newly inserted)

F. In accordance with the amended Article 90 (5) of the Aviation Safety Act, which upgraded provisions on reasons for changes to safe operation systems by air operators from the ministerial ordinance to the Act, delete the corresponding provisions from the ministerial ordinance and make improvements to the safe operation system change test processing period and test application form (Article 262, attached Form 95)

G. Include simulated flight training time in addition to actual training time in candidate eligibility requirements for persons who intend to apply for a limited review for helicopters, and accordingly include simulated flight training time in practical helicopter training in the standards for designation as approved training organizations (pilot-type limit additional course designation standards) (attached Table 4, subparagraph 1 (b) and attached Table 12, subparagraph 5 (a) (ii))

H. Prescribe grounds on which ultra-light vehicle flight areas, which were previously announced and operated through aeronautical information publications (AIP) but not specified in the ministerial ordinance, may be classified as warning airspaces according to the purpose of use (attached Table 23)

I. Prescribe criteria for administrative penalties to revoke the air operator certificate of any air operator, etc. who has operated aircraft during a period of air operator certificate suspension (attached Table 34)