Aircraft shared ownership is approved by ANAC

The Board of Directors of the National Civil Aviation Agency (ANAC) approved, on February 9, the institutionalization of the Shared Ownership of Aircraft Program in Brazil. The new type of service was formalized with the inclusion of rules in Subpart K of the Brazilian Civil Aviation Regulation (RBAC) N. 91, allowing co-owners to share the use of aircraft through a contract, which must have a minimum duration of one year.

The initiative is aligned with the Voo SImples Program, launched in October 2020 aiming to simplify and debureaucratize general aviation activities and creating the right conditions for greater competitiveness in the airline industry.

Interested air operators or those already operating aircraft on a shared basis will start operating under 91 K rules as of August 2022, or sooner if issued the company's Administrative Specifications (AS). Operation under Subpart K rules will be mandatory when the sharing program has two or more aircraft, with a maximum of 16 shareholders per aircraft and 32 per helicopter.

The Brazilian aircraft shared ownership program follows rules similar to those adopted by the U.S. Federal Aviation Administration (FAA), but with adaptations to the Brazilian reality. The operational safety rules are similar to those for operations under RBAC 135, which regulates air cabs, with the appropriate adaptations for the aircraft sharing business model.

Operational control of aircraft operating under the sharing scheme will be the responsibility of the program administrator, as registered with the Brazilian Aeronautical Registry (RAB). The contractual relationship between the operator and the sharing partners, although it must be reported to ANAC, will be reserved and will be the responsibility of the program administrator.

Before approval, the aircraft sharing program underwent lengthy discussion with stakeholders, being the subject of two public hearings: the first, in 2015, during the approval process of RBAC No. 91, and the second, in 2019, held exclusively to discuss Subpart K. The final proposal brought simplifications related to the operations manual, the factoring of the runway for landing, and the adequacy of training and examinations.

Supplementary Instruction

The authorization process for operations in sharing programs will follow a similar process to the certificates issued by the Agency, which go through phases of document analysis, demonstration and inspection, and final authorization. By August 2021, ANAC will issue a supplementary instruction detailing the requirements of Subpart K of RBAC 91. Operators already working with co-share programs must submit the required documentation by February 2022.