ANAC changes regulatory aspects in the operation of airlines and air taxis

​Helicopter operators under the Brazilian Civil Aviation Regulation (RBAC) No. 119 and 135 that hold an Air Operator’s Certificate (AOC) are authorized to perform landing and takeoff at locations not registered by the Brazilian National Civil Aviation Agency (ANAC) exceptionally and temporarily, while the state of emergency persists due to the Covid-19 pandemic.

The authorization, according to
Resolution No. 559, published on May 19, 2020, establishes that locations not registered by ANAC are those that do not have the Agency’s registration or in anywhere else in Brazilian territory or territorial waters, used for landing and takeoff of helicopters aimed at dealing with the public health emergency resulting from the coronavirus pandemic. There are exceptions to said authorization, such as landing and takeoff at night in locations not registered by ANAC.

Compliance with the requirements

Operations in a location not registered by ANAC must comply with the requirements of risk control inherent to the operation, within the acceptable level of operational safety performance. The helicopter must meet other requirements, such as its inclusion in the operating specifications of the operator, the appropriate and safe dimension of the location where the aircraft will land and/or take off, the assessment of terrain slope and the risk of collision of the rotor blades, and the presence on board only of those involved in the operation.

Installation of devices

In addition to the measure listed above, which may also be applied to aeromedical transport performed by helicopters, ANAC has authorized certain changes in aircraft operating under RBAC No. 135 (applicable to air taxis) for the transport of passengers with suspected contamination through the use of Patient Isolation Devices (PID). The authorization is also made exceptionally and temporarily, while the emergency situation due to the Covid-19 pandemic persists.

It is also allowed to install devices that physically separate the passenger cabin and the cockpit, called Partitioning Devices (PD).

Resolution No. 560, published on May 19, 2020, revoked ANAC’s Decision No. 83, published on April 23, which also addressed the use of PID.

In order to install the PID, it is necessary to ensure that the set of devices and stretcher properly contains the patient, that this set is also attached to the base of the aircraft’s aeromedical system, that emergency exits are preserved in case of evacuation of the patient and/or others, and that the requirements of the competent health authority are fulfilled. In addition to other requirements, specific conditions for the PD were also established, such as the ability of communication between the pilot and the crew. It is worth mentioning that the operators under RBAC No. 135 must check whether the operational specifications provide authorization for the aeromedical operation, as well as whether the aircraft has an approved installation with an aeromedical configuration equipped with a stretcher.

Cargo transportation

Additionally, ANAC’s Ordinance No. 880/SPO of March 27, 2020, allowed the transportation of air cargo, including UN3373 biological substances – Category B, without the prior consent of the Agency for operators under RBAC No. 135. To read our article with more information on this initiative,

click here.

Subsequently, on April 14, 2020, ANAC approved the cargo transportation in passenger compartments during the pandemic exceptionally by operators under RBAC No. 121, which includes airlines holding valid approvals for cargo transportation.

According to ANAC’s
Decision No. 71, airlines will be able to exclusively carry cargo in the passenger cabin without necessarily meeting all the airworthiness requirements of RBAC No. 25, while the emergency situation due to the Covid-19 pandemic persists. The guidelines are mainly aimed at transporting cargo in the passenger seats or removing them to increase the capacity of the cabin. In both cases, specific procedures for the operation are required, such as those for firefighting, containment, and distribution of cargo in the cabin.

For further information, contact the Mattos Filho
Aviation practice