ANAC: Brazilian Aeronautical Registry is simplified with the publication of the Voo Simples MP

ANAC website Low Cost Sustainable Airports

In order to publicize and clarify the main improvements destined to the airline sector from the disclosure of the Provisional Measure No. 1.089, of December 29, 2021 (click on the link to access), known as MP do Voo Simples, the National Civil Aviation Agency (ANAC) continues to publish the main actions that seek to update and reduce bureaucracy in civil aviation processes and procedures. Last week, we detail the changes that occurred in the Civil Aviation Inspection Fee - TFAC (Click on the link to access). This time, the subject is simplifications in the Brazilian Aeronautical Registry (RAB) and the resulting benefits for the entire sector.

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Most of the services most requested by the Agency's regulated parties are directly linked to the Brazilian Aeronautical Registry. The constant technological evolution of aircraft projects and the emergence of new models of air operation, such as remotely piloted aircraft, also known as drones, were fundamental for updating rules instituted decades ago, which do not reflect the current scenario of civil aviation. Based on the changes made to the provisions of the Brazilian Aeronautical Code, it was possible to simplify, for example, the registration of less complex aircraft and/or aircraft dedicated to aero sports activities.

Until December last year, even for less complex aircraft (remotely piloted), a long process for registration or certification at ANAC was necessary, burdening the time and financial resources of those interested. With the signature of the Voo Simples MP, the devices that deal with this subject were updated, which will promote the development in the sector and allow the implementation of innovations in the market.

Device revocation and end of logbook authentication

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Another important change that reduced bureaucracy was the waiver of witnesses in contracts entered into between individuals. For purchase, sale or other contracts dealing with rights and guarantees, the presence of a third party involved at the time of notarization of the documentary signature is no longer necessary.

This change was possible after the revocation of strictly procedural provisions, which resulted in a better understanding and adaptation of the legal framework to current registration practices. This amendment even allows the reception of digitally born titles and contracts, as well as the receipt of dematerialized documents, which consists of transforming a document prepared on paper into an electronic one by notary offices with the seal of public notary faith.

The regulatory cleaning carried out by the Voo Simples MP also revoked article 84 of the Brazilian Aeronautical Code, which provided for the submission of the Logbook to the RAB. The advancement of technology and the adoption of digital systems for official recording of information, replacing paper records, were determining factors for the revocation of this provision. Currently, operators of commercial, private and air taxi aircraft already adopt a digitized model for data presentation.

Alignment with international rules

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With the objective of harmonizing the Brazilian legislation regarding the leasing of aircraft with the Cape Town Convention, which governs the matter internationally, the MP removed the prohibition regarding the hijacking of civil aircraft. The measure seeks to strengthen the country at the international level and maintain the commitment to the faithful fulfillment of the pact to which Brazil is a signatory.

Also according to ANAC, the MP also brought a significant update in relation to Civil Aviation Inspection Fees (TFACs) — an item addressed in the first theme of the series. As of April this year, the RAB will have only one chargeable event, the issuance of an Airworthiness Certificate, no longer charging for services such as aircraft transfers. The TFAC value will be defined according to the complexity of the aircraft.

Straight insurance

The waiver of presenting Reta Insurance for registration with the Brazilian Aeronautical Registry was one more of the initiatives to simplify procedures, since it was not possible to certify the verification of its continuity in the coverage contracted by RAB, considering that its presentation was on a single basis during the issuance of the Certificate of Airworthiness. In any case, the need for contracting and maintenance of Reta Insurance by operators of Brazilian civil aircraft remains mandatory, whose verification will take place during inspection actions and renewal of airworthiness conditions (Certificate of Airworthiness Verification - CVA).

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Street: ANAC 

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