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IAA Response to Channel 4 Dispatches Programme, 12th Aug 2013

15 Aug 2013

1.The Irish Aviation Authority (IAA) www.iaa.ie oversees the safety standards of Ryanair in accordance with EU regulations. All carriers regardless of size or business model must comply with European Aviation Safety Agency (EASA) safety standards in Europe. The IAA is audited by both EASA and the International Civil Aviation Organisation (ICAO).

2.The IAA conducts a comprehensive oversight and surveillance programme of all Irish airlines and Ryanair plc fully complies with all European and international regulations in all areas of its operations.

3. Ryanair fuel policy complies with European Regulations. All Irish airlines continued compliance with these regulations is regularly reviewed by the IAA. EU regulations require that an aircraft has sufficient fuel as prescribed in Commission Regulation (EC) No 859/2008. In summary these requirements are as follows -:

OPS 1.255 Fuel Policy:
An operator shall ensure that the pre-flight calculation of usable fuel required for a flight
includes;
(A) Taxi fuel — Fuel consumed before take-off, if significant; and
(B) Trip fuel (Fuel to reach the destination); and
(C) Reserve fuel –
1. Contingency fuel — Fuel that is not less than 5 % of the planned trip fuel or, in the event of
in-flight re-planning, 5 % of the trip fuel for the remainder of the flight; and
2. Final reserve fuel — Fuel to fly for an additional period of 45 minutes (piston engines) or 30 minutes (turbine engines); and
(D) Alternate fuel — Fuel to reach the destination alternate via the destination, if a destination alternate is required; and
(E) Extra fuel — Fuel that the commander may require in addition to that required under subparagraphs (A) - (D) above.*

4. Ryanair Captains have discretion to upload extra fuel and regularly do so where weather or delays are anticipated and this is provided for in Ryanair’s Flight Operations Manual and the airline have confirmed this remains in place and is subject to periodic review by the IAA in a similar manner to other Irish Airlines.

5. The IAA does not rely on surveys carried out by either airlines or Pilots Groups’. Instead we operate the system mandated by the European Union (EASA).

6. There are two main types of safety reports received by the IAA:

(a) Mandatory Occurrence Reports (MOR)

Certain persons and approved organisations have a responsibility, detailed in the applicable legislation for their type of operation or organisation, to report occurrences. For example, EC Regulation 1702/2003 details reporting requirements for approved design and production organisations while EC Regulation 2042/2003 details reporting requirements for continuing airworthiness organisations, maintenance organisations, training organisations and certifying staff. EC Regulation No. 859/2008 details reporting requirements for commercial air transport airlines which is what is applicable to pilots. A pilot must report certain safety events by European law.

(b) Voluntary Safety Reports

Voluntary reporting allows everybody to report safety events, safety hazards or safety concerns. Voluntary reporting includes all non-mandatory reports, reports by the general travelling public, reports by the general and sporting aviation community and any safety concerns or hazards identified by any person. Any Ryanair employee with a safety concern may make a confidential report which will be fully investigated by using the IAA public website www.iaa.ie and using the voluntary reporting link

https://www.iaa.ie/index.jsp?p=180&n=442&a=441. The IAA considers that there are adequate reporting channels available for safety concerns to be reported and we receive such reports from many sources, including airlines. Any Ryanair employee may use the web reporting link in addition to legally prescribed systems (MOR).


7.In Europe each State operates a mandatory occurrence reporting Scheme under an EU Directive where each operator reports the incidents and occurrences relating to aviation safety. The IAA categorise and investigates significant occurrences and ensures the carriers make appropriate changes to procedures, operations etc. where required. Each carrier operates a Safety Management System (SMS) which oversees the airlines safety and identifies areas of risk and ensures follow up. These are overseen by the IAA. Occurrence reports are confidential throughout Europe to ensure that all events are captured so that Aviation Safety can be enhanced, properly investigated and learned from. Results are widely disseminated in the Aviation Community via EASA etc. The overall results of the schemes are reported annually as set out below but not on an individual airline basis. In 2012 the IAA received over 7,350 occurrence reports from Irish organisations. A good reporting culture is a vital element of any safety culture and demonstrates a commitment to continuously improve safety in aviation by proactively reviewing events and ensuring any safety hazards are addressed. Irish airlines’ reporting rates are positive and well above the EU average.

8.The IAA, in accordance with International Convention and European Regulation, operate both a mandatory and voluntary confidential reporting system. Last year the IAA’s reporting system received in excess of 7,350 reports from aviation professionals. All reports are analysed and, where appropriate, corrective action is proposed or advisory information issued. The IAA has responded to personal letters and reports from Ryanair pilots, this included several meetings and face-to-face interviews with pilots and their legal and professional representatives. The fact that the outcome of an investigation or analysis does not concur with the views of the persons concerned does not alter the fact that they were investigated in full.

9.The IAA is disappointed that once again Channel 4 Dispatches has decided to engage in a misguided attack on the regulation of a low cost carrier, based upon false and misleading information, which may undermine the travelling public’s confidence in civil air transport in Europe which, because of the intensive regulatory regime, remains the safest mode of mass transport.

10.Ryanair fuel policy as prescribed in their IAA approved operations manual (Europe wide) does not place maximum limits on the fuel upload. Ryanair use the same flight planning software as many other airlines, e.g. Lufthansa, and the fuel upload is calculated in accordance with this, which accounts for delays, weather etc. In addition, the Captain may upload additional fuel based on his/her judgement and this is clearly set out in Ryanair’s documentation, which is issued to all pilots by their Chief Pilot. This discretion by Captains to take on additional fuel as needed in addition to the flight planned load (which includes diversions, weather, go-arounds, etc.) is an additional mitigation that enhances the safety chain.

11.Ryanair had all mitigations in place at Valencia and the fact that all three aircraft safely landed after significant additional diversion and flight time shows that the system worked in full. The EASA regulations governing fuel are strict and provides a significant safety buffer on all flights. In addition to this, as outlined above, Captains may take on additional fuel and often do so if they anticipate additional holding etc.

12.The IAA and Spanish investigation found that all three Ryanair aircraft carried additional fuel to that required on the flight plan and were correct to divert away from Madrid, declare a Mayday and land. It is worth pointing out that an A340 aircraft from another airline landing on the same day, operating in the same conditions, had an engine failure due to fuel starvation. Evidence on Ryanair flights shows that taking on additional fuel over and above the flight requirements/diversionary requirements, etc., is a common choice by Captains.

13.We regularly review the fuel policy of Ryanair as part of our routine surveillance programme and we have no concerns currently that any undue upload restrictions implied or otherwise exist.

14.Fuel related diversions etc. can occur with all airlines and are often accounted for by unanticipated head winds, weather, etc. and this is the reason the EASA fuel requirements are strict. EASA regulations also require Captains to carry additional fuel when required.


*Paragraph 3 of the ‘IAA Response to Channel 4 Dispatches Programme, 12th August 2013’ has, for clarity, been revised.

___________________________

Tony Lane

IAA Corporate Communications


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