On Tuesday August 29, 2006, the Federal Aviation Administration held a briefing on the upcoming issuance of new A008 Operations Specifications, Operational Control. The meeting was hosted by the Helicopter Association International at their Headquarters in Alexandria, VA. and was conducted by Hooper Harris, Manager of AFS 250, Commuter, On Demand, and Training Branch of the FAA and his staff.
The main issue is that of defining Operational Control and the responsibility of FAR Part 135 Certificate holders to exercise it. The current A008 Operations Specifications issued to all operators is one paragraph and refers to listed personnel in the Operations Manual. It does not adequately describe the requirements or prohibitions. One must search through Parts 119 and 135 to obtain even a basic understanding of the term.
The new A008 outlines in specific detail what Operational Control is, who must exercise it, and most importantly, who cannot exercise it. The Ops Control issue is not a new one. In fact, it was brought to the forefront by recent discoveries in the Air Charter segment of Part 135. It was only after a separate, unrelated inspection of an Air Medical Operator that it became apparent that EMS might need to be looked at further.
Hooper Harris said it best when he stated that, "It is the responsibility of the Certificate Holder to exercise Operational Control over its entire operations. It cannot be transferred to another party, nor any agreement be made with any party that supersedes the Certificate Holders responsibility for Operational Control". In plain terms, the pilot always works directly for the Certificate Holder regardless of what contract he or she may be flying on. This point was made several times throughout the briefing.
A great deal of time was spent in describing what constituted an illegal "Wet Lease". While this problem is prevalent in mostly fixed wing charter operations, it has applications in EMS. An example was posed that a helicopter was owned by hospital X and used by the vendor on its contract with the hospital. The belief by the hospital was that since it owned the aircraft it had a say in its operation. The FAA was quick to point out that in order for the aircraft to be used in Part 135 operations, it had to be turned over to the Certificate Holder, listed in his Ops Specs, and maintained under it's approved maintenance program. Therefore, it is and must be controlled by the Certificate Holder.
The bottom line for this writer is that the new A008 Operational Control, Ops Specs is a long time in coming but a very welcomed clarification. It puts the responsibility of overseeing operations firmly on the Certificate Holder and not second, unqualified parties. It should greatly lessen if not remove undue pressures from line pilots, and reel in those over zealous 'White Knights" that still lurk among us. Your NEMSPA will be providing you more information on this issue following the FAA presentation at the Air Medical Transport Conference in Phoenix, AZ on 25 Sep.
You can use the following link to view the SLIDE PRESENTATIONS used by Mr. Harris and his staff during the briefing at HAI headquarters. It's a lot of material, but it's worth the time to review it to insure a sound understanding of this important issue.