Government changes civil aviation rules with Simple Flight MP

The government published in the Official Gazette, this Thursday (30), a provisional measure that paves the way for the modernization of air services, giving more powers to ANAC (National Civil Aviation Agency), which now has full autonomy in the elaboration of the rules of airport services.

Known as Single Flight MP, the measure had been discussed for over a year between the government and companies in the sector to correct regulatory failures and fill legal gaps, reducing costs and simplifying processes for the airport activity.

For the deputy minister of Infrastructure, Marcelo Sampaio, the measure will generate more jobs and bring competitiveness to the sector.

“To get an idea, the fees for getting a license [a carteira de motorista de um piloto] it reached R$ 13 thousand and from now on it is R$ 150 that Anac will be charging”, said Sampaio.

“The focus is on the resumption of the sector, which was one of the most impacted by the health crisis,” said Ronei Glanzmann, National Secretary of Civil Aviation. “These adjustments will contribute to reducing the costs of the sector and the impacts caused by Covid, generating more jobs.”

The pandemic contributed to the failure of the Itapemirim group, which started its operation in the air sector, having to cancel trips. The company, which claims to be dependent on meeting targets to receive investments from its controllers, plunged into a crisis affecting passengers. The company promises to return to operations in February.​

According to the Civil Aviation Secretariat (SAC) of the Ministry of Infrastructure, the current regulation treats companies in a similar way, regardless of size. The ballooning activity, for example, bears the same inspection costs as an airline.

“A company that explores ballooning paid around R$900,000 to operate, the same as an airline,” said Glanzmann. “Now it should be R$ 25,000.”

From the total of 342 generating facts of a rate like this, the MP reduces to 25 without this leading to collection losses, according to the secretariat.

For the director-president of the National Civil Aviation Agency (Anac), Juliano Noman, the MP will improve the business environment, attract investments and reduce costs for the sector.

In all, more than 69 measures — including ordinances, resolutions, decrees and laws — were revised to reduce the bureaucracy of processes and procedures in the air sector, seeking to increase efficiency in the provision of services and the development of civil aviation. More than 90% of the actions have already been started or concluded, according to SAC.

The text makes a regulatory cleaning to review rules that have become obsolete and fill the so-called “regulatory gaps” that, according to the secretary, hindered investments.

Among the changes in the MP are the simplification of processes for manufacturing, importing or registering aircraft, which currently require many phases, and may take months to import and register an aircraft in the country.

Now, small businesses that serve remote locations will have more agility in providing the service. Thus, air connectivity, especially in more remote regions, will benefit.

Companies like Gol or Tam will be able to carry out commercial flights from anywhere in the country to, for example, the Catarina airport, from the JHSF construction company which is half an hour by car from São Paulo. Today, he only operates with jets (executive aviation).

Until today, there was a veto on regular commercial passenger flights to airports that were not government or regulated by the government. Airports under concessions have private shareholders, but are regulated by Anac (National Civil Aviation Agency). Therefore, they operate with regular commercial flights.

This plan favors companies, especially in more remote regions. In the Amazon, for example, there is a large number of air taxi companies with regular flights. There is also a large fleet of amphibious aircraft (which take off and land in rivers, lakes or on dry runways). Voo Simples has set standards to allow for the expansion of this business and improve connectivity in the Amazon.

For this, Anac will simplify requirements for operating in the air taxi sector, adapting the regulation to the size of each company.

According to SAC, with this, the agency will allow new small operators to enter the market so that, at a lower cost, they can provide air transport services, increasing the offer of mobility in less-served areas, always maintaining security.

Despite the stimulus to small-scale aviation, the MP does not address the Uber air service provided for in a bill pending in Congress.

The idea of ​​the parliamentarians is to allow a duly qualified pilot and owner of an aircraft with up to six seats to transport passengers, as if he were Uber.

The ministry sees security problems in this type of service and is still discussing this new modality with Congress.

WHAT CHANGES WITH MP…

Nearly 70 measures make regulatory cleanup to improve the business environment in aviation

…to airports

*End of mandatory prior authorization for the construction of aerodromes
*Inclusion of private aerodromes in the list of airports with differentiated treatment

…for air services
*Same treatment for public and private air service
*Extinguishing the need for concession contracts for airlines
*Companies no longer need to revalidate grants every 5 years
*Foreign companies no longer need authorization to operate

… For aircraft

*Imported aircraft will have simplified certification if they have already been certified by foreign authorities

…stop in charging
*Rationalization of the TFAC (Civil Aviation Inspection Fee) Generating Facts, which drop from 342 to 25 and take into account the proportion of the company End
*End of collection by “prior” inspection, even in a regular situation