Civil Aviation (Safety Management) Regulations

The authority shall develop a State safety programme that is commensurate with the size and complexity of the civil aviation system in Uganda.

The authority shall implement and maintain the State safety programme established under subregulation (1).

The authority shall identify and document- (a) objectives; (b) requirements; (b) obligations; (c) functions; and

The Stale safety programme shall reflect commitment regarding safely and facilitate the promotion of a positive safety culture in the aviation community.

The State safety programme shall be published on the authority's official website and shall be periodically reviewed.

The authority shall develop an enforcement policy.

The enforcement policy shall specify conditions and circumstances under which a service provider with a safety management system shall deal with events involving safety issues.

Technical personnel shall have the qualifications set out in Schedule 1 to these Regulations.

For purposes of these Regulations technical personnel means a person performing safety-related functions for or on behalf of the authority.

The following service providers shall implement a Safety Management System (SMS)-

A service provider or an operator shall establish safety performance indicators and targets acceptable to the authority.

An international general aviation operator of large or turbojet aeroplanes registered in Uganda shall implement a Safety Management System (SMS) based on a criteria prescribed by the authority.

The criteria prescribed by the authority under subregulation (3) shall address the Safety Management System (SMS) framework and elements set out in Schedule 2 to these Regulations.

An operator or a service provider shall use a process acceptable to the authority to identify hazards from collected safety data.

Subject to subregulation (1) information regarding safety data collection, analysis, sharing and exchange of safety information shall be as provided in Part IV of these Regulations.

The authority shall develop and maintain a process to ensure the assessment of safety risks associated with identified hazards as part of the State safety programme.

The authority shall establish a process for the resolution of safety issues as set out in Schedule 1 to these Regulations.

The authority shall establish and maintain a mechanism to manage safety risks.

The process established under subregulation (2) shall include the acceptance, mitigation, avoidance or transfer of the risks and the careful assessment of their underlying factors.

The authority shall conduct surveillance of an operator or service provider as set out in Schedule 1 to these Regulations.

The authority shall take into consideration the safety performance as well as the size and complexity of its aviation products or services while conducting surveillance of an operator or service provider.

The authority shall inspect, audit and survey an area of greater safety concern or need as specified in the applicable technical guidance material.

Information for the prioritisation of inspections, audits and surveys under subregulation (3) shall include- (a) organisational risk profiles; (b) outcomes of hazard identification and risk assessment; and (c) surveillance outcomes.

The authority shall periodically review the safety performance of an operator or service provider as specified in the applicable technical guidance material.

The authority shall establish an Acceptable Level of Safety Performance (ALoSP) to be achieved through the State safety programme.

The authority shall develop and maintain a process to evaluate the effectiveness of actions taken to manage safety risks and resolve safety issues specified in the applicable technical guidance material.

The authority shall evaluate the effectiveness of the State safety programme in order to maintain or continuously improve the overall level of safely performance.

Subject to subregulation (1) promoting safety awareness shall include identification of accessible safety training for the aviation community.

An operator or a service provider shall establish an SMS acceptable to the authority-

An operator or a service provider shall develop a plan to facilitate SMS implementation.

An SMS of a training organisation approved under the Civil Aviation (Approved Training Organisation) Regulations, 2022 that is exposed to safety risks related to an aircraft operation during the provision of its services shall be acceptable to the authority'.

The SMS of a certified operator of an aeroplane, e helicopter or rotorcraft authorised to conduct international commercial air transport, in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022, shall be acceptable to the authority.

The SMS of an approved maintenance organisation providing services to an operator of an aeroplane, helicopter or rotorcraft engaged in international commercial air transport, under the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 shall be acceptable to the authority.

The SMS of an organisation responsible for the type design of an aircraft, an engine or a propeller, in accordance with requirements for airworthiness of aircraft, shall be acceptable to the State of design. I (7) The SMS of an organisation responsible for the i manufacture of an aircraft, an engine or a propeller, in accordance with requirements for airworthiness of an aircraft, shall be acceptable to the State of manufacture.

The SMS of an Air Traffic Service (ATS) provider, in accordance with the Civil Aviation (Air Traffic Services) Regulations, 2022, shall be acceptable to the authority.

The SMS of an operator of an aerodrome, certified under the Civil Aviation (Aerodromes) Regulations, 2022, shall be acceptable to the authority.

The authority shall establish Safety Data Collection and Processing Systems (SDCPS) under the State safety programme.

The SDCPS established by the authority under the State safety programme shall capture, store, aggregate and enable the analysis of safety data and safety information.

For purposes of this regulation, SDCPS refers to processing and reporting systems, safety databases, schemes for exchange of information, and recorded information.

SDCPS may include inputs from a State, an industry and public sources, and may be based on reactive and proactive methods of safety data and safety information collection.

The State authorities responsible for the implementation of the SSP shall have access to the SDCPS.

State authorities responsible for the implementation of the SSP include the- (a) authority; and (b) Accident and Incident Investigation Unit.

The safety database shall use standardised taxonomy to facilitate safety information sharing and exchange.

For purposes of this regulation, safety database may refer to a single or multiple databases.

The authority shall establish and maintain a process to analyse the safety data and safety information from the SDCPS.

The safety data and safety information analysis performed by the authority shall identify systemic and cross-cutting hazards that might not otherwise be identified by the safety data analysis processes of individual service providers or operators.

The authority shall protect safety data captured by, and safety information derived from, voluntary safety reporting systems and related sources as set out in Schedule 3 to these Regulations.

The authority shall protect safety data captured by, and safety information derived from, the mandatory safety reporting system and related sources.

A person shall not make available or use safety data or safety information collected, stored or analysed in accordance with these Regulations for purposes other than maintaining or improving safety, unless authorised by a competent authority, as set out in Schedule 3 to these Regulations.

Notwithstanding subregulation (1), the authority shall not be prevented from using safety data or safety information to take any preventive, corrective or remedial action that is necessary to maintain or improve aviation safety.

The authority shall take necessary measures, including the promotion of a positive safety culture, to encourage safety reporting through the SDCPS.

The authority shall facilitate and promote safety reporting by reviewing the applicable requirements and policies.

Where the authority, in the analysis of the information contained in its SDCPS, identifies safety matters considered to be of interest to another State, the authority shall forward safety information to the other State as soon as possible.

Prior to sharing the information under subregulation (1), the authority shall agree with the other State on the level of protection and conditions on the which safety information shall be shared as set out in Schedule 3 to these Regulations.

The authority shall promote the establishment of safety information sharing and exchange networks among users of the aviation system, and facilitate the sharing and exchange of safety information, unless national laws provide otherwise.

The Civil Aviation (Safety Management) Regulations, 2020, are revoked.

A licence, certificate or authorisation granted under the regulations revoked in subregulation (1) shall remain in force until its expity, revocation or replacement as if granted under these Regulations.

Notwithstanding the continuance of any licence, certificate, authorisation, permit, exemption or any other approval granted under subregulation (2), a person who at the commencement of the Regulations is carrying out any act, duty, or operation affected by these Regulations shall, within six months from the commencement of these Regulations, or within such longer time as the Minister may by, notice in the Gazette prescribe, comply with the requirements of these Regulations.

Notwithstanding regulation 31, a person granted licence, certificate, rating, authorisation,endorsement, approval or exemption continued under subregulation (2) who does not comply with the requirements of these Regulations within the time prescribed under subregulation (3), shall have the certificate, authorisation, exemption or approval cancelled by the authority.

The Act is a comprehensive and effective aviation law, commensurate with the size and complexity of Uganda's aviation activity and consistent with the requirements contained in the Convention on International Civil Aviation, to enable the oversight and management of civil aviation safety and the enforcement of regulations through the relevant authorities or agencies established for that purpose.

The Act provides for personnel performing safety oversight functions, access to the aircraft, operations, facilities, personnel and associated records, as applicable to individuals and organisations performing an aviation activity.

Uganda has established the authority, an independent Accident and Incident Investigation Unit and other relevant agencies, as appropriate, supported by sufficient and qualified personnel and provided with adequate financial resources for the management of safety.

The authority and agencies in subparagraph (1) shall state their safety functions and objectives to fulfil their safety management responsibility. This includes the participation of the State aviation organisations in specific activities related to the management of safety in the State, and the establishment of the role's, responsibilities and relationships of such organisations.

The authority and agencies in subparagraph (1) shall take necessary measures, such as remuneration and conditions of service, to ensure that qualified personnel performing safety oversight functions are recruited and retained.

The authority and agencies in subparagraph (1) shall ensure that the personnel performing safety oversight functions are provided with guidance that addresses ethics, personal conduct and the avoidance of actual or perceived conflicts of interest in the performance of official duties.

The authority and agencies in subparagraph (1) shall use a methodology to determine their staffing requirements for personnel performing safety oversight functions, taking into account the size and complexity of the aviation activities in Uganda.

The authority and agencies in paragraph 3 shall establish minimum qualification requirements forthe technical personnel performing safety-related functions and shall provide for appropriate initial and recurrent training of the technical personnel, to maintain and enhance their competence at the desired level.

The authority and agencies in paragraph 3 shall implement systems for the maintenance of training records for technical personnel.

The authority and agencies in paragraph 3 shall provide technical guidance to the aviation industry on the implementation of the relevant regulation.

The authority shall use a documented process to take appropriate actions, including enforcement measures, to resolve identified safety issues.

The authority shall ensure that the identified safety issues are resolved in a timely manner through a system which monitors and records progress, including actions taken by individuals and organisations performing an aviation activity in resolving such issues. i

A service provider shall define its safety policy in accordance with international and national requirements, the safety policy and objectives shall-

Taking due account of its safety policy and objectives, the service provider shall define safety objectives which shall- (a) form the basis for safety performance monitoring and measurement as required by paragraph 12(1);

A service provider shall develop and maintain a 9MSjnanual that describes its-

A service provider shall develop and maintain SMS operational records as part of its SMS documentation. Depending on the size of the service provider and the complexity of its aviation products or services, the Safety Management System manual and Safety Management System operational records may be in the form of stand- alone documents or may be integrated with other organisational documents or documentation maintained by the service provider.

A service provider shall develop and maintain a process to identify hazards associated with its aviation products or services. (2) Hazard identification shall be based on a combination of reactive and proactive methods.

A service provider's safety performance shall be verified with reference to the safety performance indicators and safety performance targets of the SMS in support of the organisation's safety objectives.

A service provider shall develop and maintain a safety training programme that ensures that technical personnel are trained and competent to perform their SMS duties.

The scope of the safety training programme shall be appropriate to each individual's involvement in the SMS.

Uganda, through national laws, regulations and policies protecting safety data, safety information and related sources, ensures that- (a) a balance is struck between the need for the protection of safety data, safety information and related sources to maintain or improve aviation safety, and the need for the proper administration ofjustice; (b) safety data, safety information and related sources are protected in accordance with this schedule; (c) the conditions under which safety data, safety information and related sources qualify for protection are specified; and (d) safety data and safety information remain available for the purpose of maintaining or improving aviation safety.

When an investigation under the Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2022 has been instituted, the incident and accident investigation records listed under the protection of accident and incident investigation records in the Regulations shall be subject to the protection accorded therein instead of the protection accorded by these Regulations.

The authority ensures that safety data or safety information is not used for- (a) disciplinary, civil, administrative and criminal proceedings against employees, operational personnel or organisations; (b) disclosure to the public; or (c) any purposes other than maintaining or improving safety, unless a principle of exception applies.

The authority shall accord protection to safety data, safety information and related sources by ensuring that- Cross References Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2022, S.l. No. 66 of 2022 Civil Aviation (Air Operator Certification and Administration) Regulations, 2022, S.l. No. 73 of 2022 Civil Aviation (Air Traffic Services) Regulations, 2022, S.l. No. 74 of 2022 Civil Aviation (Approved Training Organisations) Regulations, 2022, S.l. No. 79 of 2022 The Civil Aviation (Operation of Aircraft) (General Aviation) (Aeroplanes) Regulations, 2022, S.l. No. 86 of 2022 Civil Aviation (Aerodromes) Regulations, 2022, S.l. No. 94 of 2022