Europe’s new rules for so-called non-commercial operations with complex motor-powered aircraft (NCC) will be a big concern for the business aviation community between now and August 16, 2016, which is the final deadline for implementation. And according to legal experts such as Joanna Kolatsis, a partner with London law firm Hill Dickinson, there is plenty left to do to reach a state of compliance with a rule that is intended to bring business aircraft “up to the safety standards of commercial operators.”

Addressing Aeropodium’s European Corporate Aviation Summit in late March, Kolatsis warned, “It’s going to be quite a burdensome task for some of you.” She went on to outline the rules, which cover aircraft certified to carry more than 19 passengers, or require a minimum crew of two, and have a max takeoff weight greater than 5,700 kg (12,566 pounds). “So pretty much everything apart from light aircraft will fall within its scope,” she said.

“At the moment we don’t have any guidance from the NAAs [Europe’s National Aviation Authorities] on interpretation,” she said, “for example, [there is no information on] the [owner’s] principal residence and whether or not you fit the description. But owners have to be careful, as [regulators] will look at substance over form.

“Essentially, for the first time, private users will be faced with concepts of safety management systems. The big question, though, is going to concern responsibility and accountability–the NCC declaration has to be signed by an ‘accountable manager’ and we’re not sure yet if the AM will face any personal liability.”

“You’ll have to have an operations manual in place,” she continued, adding, however, that “with a single aircraft you may not have much to do–but it may be hard for the NAAs to distinguish between large and small operators.”

The implementation of new NCC rules will be debated in an EBACE conference session at 10:45 a.m. here in the Palexpo convention center tomorrow [Wednesday, May 20]. Some in the industry are still lobbying officials to allow a more lenient approach to regulation out of concern that the new rules could create imbalance in international standards.