French Accident Investigators Find Hole in EU Regs, Raise Ire of Air New Zealand
This week’s interim report by France’s Bureau d’Enquetes et d’Analyses (BEA) on the November 27 crash of an XL Airways-operated A320 off the coast of Franc

This week’s interim report by France’s Bureau d’Enquetes et d’Analyses (BEA) on the November 27 crash of an XL Airways-operated A320 off the coast of France recommends that the European Aviation Safety Agency (EASA) detail in operations regulations the types of non-revenue flights operators may perform and require precise description of such flights in aircraft operations manuals. Meanwhile, the BEA recommends that all such flights “be subject to an authorization, or a declaration by the operator.” All seven occupants died in the crash of the A320 in question, which performed a planned go-around after approaching Perpignan airport and shortly afterward “during...flight at low speed, the crew lost control [and] crashed into the sea,” said the BEA. Owned by Air New Zealand and leased to XL Airways Germany, the A320 had just undergone repainting and minor maintenance in preparation for return to service with ANZ.

The lease specified in-flight checks via mutually agreed procedures based on Airbus customer-acceptance practice. EU-OPS regulations do not cover such operations and the BEA has found no suggested procedures for such non-revenue or “acceptance” flights. “No documents detail constraints to be imposed or the [pilot] skills required,” said the agency. Operators must define the [test flight] program and operational conditions “without necessarily having evaluated the specific risks.”

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