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Decree No. 2011-502 Of May 6, 2011 Laying Down Technical Provisions Applicable To The Crews Of The Directorate-General Of Civil Aviation

Original Language Title: Décret n° 2011-502 du 6 mai 2011 fixant les dispositions applicables aux personnels navigants techniques de la direction générale de l'aviation civile

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Summary

Repeal of Decree 61-776.

Keywords

ECOLOGY , AERIEN TRANSPORT , PUBLIC FUNCTION , CENTRAL ADMINISTRATION , CIVILE AVIATION , GENERAL DIRECTION OF CIVILE AVIATION , DGAC , PERSONNEL NAVIGANT TECHNIQUE , INCLUDING , INDUSTRY


JORF n°0107 du 8 mai 2011
text No. 5



Decree No. 2011-502 of 6 May 2011 setting out the provisions applicable to technical navigators of the General Civil Aviation Directorate

NOR: DEVA1103531D ELI: http://www.legifrance.gouv.fr/eli/decret/2011/5/6/DEVA1103531D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2011/5/6/2011-502/jo/texte


The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson,
Considering the transport code, including its sixth part;
Considering the Civil Aviation Code;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State, in particular its article 3 (5°);
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents,Article 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Considering the advice of the Central Joint Technical Committee of the General Directorate of Civil Aviation dated 31 January 2011,
Decrete:

  • CHAPTER IER: GENERAL PROVISIONS Article 1 Learn more about this article...


    This Order sets out the rules applicable to technical navigators of the General Directorate of Civil Aviation recruited by indefinite contract.
    They are governed by the decree of 17 January 1986 referred to abovesubject to the provisions of this Decree.

    Article 2 Learn more about this article...


    Technical navigators of the General Civil Aviation Directorate are composed of pilots who may be responsible for the tasks defined in section 3. They are divided into three groups each with eleven steps of two years. Each group has one or more levels of compensation based on the qualifications required as provided for in section 5 below.

    Article 3 Learn more about this article...


    Depending on the licenses, qualifications, authorizations, authorizations held or any other opposable document, technical navigators of the General Civil Aviation Directorate may be assigned to France or abroad the following instructor or pilot missions:
    - to provide instruction for technical, professional or non-technical aircrews in flight or on the ground;
    - to provide air and liaison missions;
    develop and conduct technical studies or surveys or training programs; design technical documentation, provide technical advice, including pilot selection, flight safety, air events;
    ― Supervising examiners, standardizing their methods and monitoring their activities, controlling and advising pilot training organizations and trainers, and generally ensuring the proper implementation of air safety regulations;
    ― participate as an expert in accident investigations and ensure feedback.
    Technical navigators of the General Civil Aviation Directorate may also be assigned supervisory functions or expertise functions in the services where their technical skills are being implemented.

  • CHAPTER II: Article 4 Learn more about this article...


    Technical navigators of the Civil Aviation Branch are recruited by the Minister for Civil Aviation. No one may be hired if he does not meet the following conditions:
    (a) To play at least six years of French nationality or nationality of one of the Member States of the European Union or a party to the agreement on the European Economic Area;
    (b) Being at least eighteen years of age and being in a regular position under the provisions of National Service Code or obligations relating to the national service of the State of which it is a national;
    (c) To play his civic rights in the State of which he is a national;
    (d) Justify that the references, if any, to Bulletin No. 2 of its criminal record are compatible with the exercise of the functions and, for nationals of a Member State of the European Union or a party to the Agreement on the European Economic Area, meet an administrative investigation to verify that the interested party may be recruited by the administration concerned;
    (e) Complete the physical fitness requirements required for the performance of the professional navigating function, taking into account the possibilities of compensation for the disability.

    Article 5 Learn more about this article...


    In order to be engaged in any of the groups referred to in section 2, technical navigators of the General Civil Aviation Directorate shall hold a Class 1 medical certificate, a professional pilot licence and valid pilot and instructor qualifications, under the conditions provided for in sections L. 6511-1, L. 6511-2, L. 6511-3, L. 6511-4, L. 6511-9 and L. 6511-10 of the Transportation Code
    Subject to having satisfied an assessment, the terms and conditions of which are determined by order of the Minister for Civil Aviation, the technical navigators of the General Civil Aviation Directorate are recruited in one of the three groups referred to in section 2 based on the nature of the position to be filled and the aircraft titles held by them, in accordance with the table below.


    GROUPES
    LEVEL
    QUALIFICATIONS

    1

    1

    IF-VFR qualification exercise.

    2

    2

    Qualification exercise corresponding to the FI level, voltige, mountain or FI-IR-SE.


    3

    Qualification exercise for FI-IR-ME or FI IR (SE-ME) level.

    3

    4

    Qualification exercise at FI-HPA/MPO/MPA level.


    5

    Qualification exercise at the MCCI-SFI level.


    6

    Qualification exercise at the TRI level.

    Article 6 Learn more about this article...


    Technical navigators of the General Civil Aviation Directorate are subject to a six-month trial period, which may be renewed once.
    The trial period is extended for a period equal to that of leave of any kind, other than annual leave, taken during that period.

    Article 7 Learn more about this article...


    During the trial period, the technical navigators of the General Civil Aviation Directorate are paid on the basis of the remuneration for the first step of their group. The duration of the trial period shall be taken into account for the promotion rights, within the limit of its initial duration.

    Article 8 Learn more about this article...


    Technical navigators of the General Civil Aviation Directorate may be required to undertake professional training courses to obtain patents and licences or qualifications that they did not previously hold. Participation in these training courses is subject to the appointment by the officer of a commitment to serve the general direction of civil aviation under conditions established by an order of the Minister for Civil Aviation.
    If this commitment is broken, the person concerned shall, unless the breach is not attributable to him, reimburse the Public Treasury for a lump sum equal to all salaries and allowances received during the training and all or part of the education expenses incurred for his training. The procedure for calculating and reimbursing this amount shall be determined by joint decree of the Ministers responsible for civil aviation and the budget respectively.

    Article 9 Learn more about this article...


    The officer informs his administration of his intention to resign by registered letter. In this case, the officer is required to comply with a three-month notice. The notice is short of the date of receipt by the administration of the letter of resignation.

    Article 10 Learn more about this article...


    The provisions of Article 8 shall be applied in the event that an officer under this Order breaks his or her appointment while being recruited as a result of professional training at the expense of the administration.

  • CHAPTER III: REMUNERATION Article 11 Learn more about this article...


    The remuneration of technical navigators of the General Civil Aviation Directorate may include, in addition to the indiciary treatment referred to in section 12, the allowances referred to in sections 13 to 16, the assignment of which is related to the duties performed and the manner in which they are exercised.
    The value of the point is that of the public service and follows its evolution. In addition to this treatment, the residence allowance and, if applicable, the family salary supplement granted under the conditions provided for by the texts applicable to public officials and public officials of the State.

    Article 12 Learn more about this article...


    The indiciary scheduling for technical navigators of the General Civil Aviation Directorate is set as follows:


    GROUPES

    INDICES BRUTS

    Group 1

    11th
    10th
    9th
    8th
    7th
    6th
    5th
    4th
    3rd
    2nd
    1

    612
    582
    554
    523
    498
    470
    450
    429
    403
    379
    360

    Group 2

    11th
    10th
    9th
    8th
    7th
    6th
    5th
    4th
    3rd
    2nd
    1

    819
    779
    740
    706
    674
    641
    612
    582
    554
    523
    498

    Group 3

    11th
    10th
    9th
    8th
    7th
    6th
    5th
    4th
    3rd
    2nd
    1

    1015
    976
    936
    898
    858
    819
    779
    740
    706
    674
    641

    Article 13 Learn more about this article...


    An allowance referred to as "qualification and duties allowance" is paid to all technical navigators of the General Civil Aviation Directorate due to the professional qualifications held.
    This qualification and duty allowance is the level at which the position occupied by the relevant technical navigators is placed. It is modulated because of the experience gained in the qualifications and functions performed and depending on how to exercise them.

    Article 14 Learn more about this article...


    An allowance referred to as "charges and responsibilities" is paid to the technical navigators of the General Civil Aviation Directorate responsible for supervision or expertise functions.
    This allowance for expenses and responsibilities is payable in addition to the qualification and duty allowance. It is intended to take into account the specific functions and responsibilities entrusted to technical navigators. Its amount varies depending on the type of duties and responsibilities performed and, for some, depending on the importance of the service in which they are performed.
    The amount in euros of the allowance of charges and responsibilities is fixed monthly.

    Article 15 Learn more about this article...


    An allowance referred to as "performance allowance" may be paid annually, depending on their way of serving, to the technical navigators of the General Civil Aviation Directorate responsible for the duties of an instructor pilot and exercising, for the purposes of the service in a given calendar year, a number of hours of flight instruction and hours of flight greater than a number of hours fixed by a joint decree of the ministers responsible for the aviation

    Article 16 Learn more about this article...


    Technical navigators of the General Civil Aviation Directorate, who are tasked with level 1 or level 2 expert pilot functions, can benefit from the performance award in the light of the professional results achieved in a given calendar year, particularly in the area of safety improvement in general aviation.

    Article 17 Learn more about this article...


    The terms and conditions for the calculation of the allowances referred to in sections 13, 14, 15 and 16 above, as well as the list of supervisory or expertise functions entitled to the payment of the allowance of expenses and responsibilities, are defined by joint decree of the ministers responsible for civil aviation, the budget and the public service respectively.

  • CHAPTER IV: ADVANCEMENT Article 18 Learn more about this article...


    The step forward is, on a continuous basis, a step at the immediately higher level of seniority.

    Article 19 Learn more about this article...


    Group changes are made under condition of detention by technical navigating personnel of the General Directorate of Civil Aviation of the patents, licences and qualifications corresponding to a higher group, to occupy one of the functions corresponding to that group, as defined in section 5 above.
    During the group change, the technical navigators of the General Directorate of Civil Aviation are classified at a level with an index equal to or, if not, immediately higher than that held in their original group. Within the limit of the duration required to access the upper level of their new group, they retain the seniority acquired in their previous situation when the increase in treatment following their group change is less than the one that would have given them a level advancement in their previous group. Agents appointed while they have reached the last step of their original group retain their seniority, under the same conditions and limits, when the increase in treatment following their group change is less than that resulting from a promotion to the latter step.

  • CHAPTER V: SUSPENSION AND DISCIPLINE Rule 20 Learn more about this article...


    In the event of a presumption of serious aeronautical misconduct involving the responsibility of a technical officer of the General Civil Aviation Directorate, the officer may be suspended without delay by the Minister for Civil Aviation for a period not exceeding two months.
    During the period of suspension of treatment, residence allowance, family treatment supplement and compulsory family benefits, the person is entitled to receive the benefit. The Panel does not receive the allowances referred to in articles 13, 14, 15 and 16 above.

    Article 21 Learn more about this article...


    In the event of a breach of the Civil Aviation Code committed by a technical officer of the General Civil Aviation Directorate, the Disciplinary Council provided for in section R. 425-4 of the Civil Aviation Code is competent to hear disciplinary proceedings under the conditions provided for in this Code against the person concerned.
    Disciplinary sanctions imposed by the Minister for Civil Aviation after consultation with the above-mentioned Disciplinary Council are those provided for in section R. 425-18 of the Civil Aviation Code.
    If the temporary withdrawal of a licence, suspended or the final withdrawal of a licence, the Minister for Civil Aviation shall, by order, take one of the following measures:
    (a) Leave without pay during the period of temporary withdrawal, if less than or equal to six months;
    (b) Withdrawal of the quality of technical aircrew personnel from the General Directorate of Civil Aviation in the event of withdrawal of the licence, final or temporary for a period exceeding six months. In this case, the contract of the individual is terminated without notice or compensation.

    Article 22 Learn more about this article...


    In the event of disciplinary misconduct that does not constitute an offence under the Civil Aviation Code justifying a sanction provided for in section R. 425-18 of the Code, the provisions of the Code decree of 17 January 1986 referred to above Suspension, sanctions and disciplinary procedures are applicable to technical navigators of the Civil Aviation Branch.

  • CHAPTER VI: OTHER PROVISIONS Article 23 Learn more about this article...


    In the event of a temporary or permanent incapacity for work resulting from injury or illness attributable to service, the technical navigators of the General Civil Aviation Directorate shall benefit from the provisions of sections L. 6526-1 to L. 6526-7 of the Transport Code. The General Directorate of Civil Aviation provides technical navigators of the General Directorate of Civil Aviation in Work with a professional reclassification within its services to the extent compatible with the medical situation of the concerned.

    Article 24 Learn more about this article...


    The provisions relating to retirements provided for in sections L. 6527-1, L. 6527-4, L. 6527-5, L. 6527-7, L. 6527-9 and L. 6527-10 of the Transportation Code apply to technical navigators of the Civil Aviation Branch.

    Rule 25 Learn more about this article...


    Technical navigators of the General Civil Aviation Directorate may exercise the privileges related to their qualifications, when this exercise is performed on their own behalf, without retribution, outside of their hours of service and does not affect their ability to perform the duties entrusted to them under section 3 above.
    They may also be required to undertake technical cooperation missions outside French territory. They may also be made available to an airline or to another public or private organization, working in the field of aeronautics, as part of their ongoing training and for a limited period of time. These missions are assimilated to the actual services performed within the General Civil Aviation Directorate. At the end of their mission, technical navigators from the General Directorate of Civil Aviation receive a priority of reassignment on their previous position or, by default, on another vacant position in the same service.

  • CHAPTER VII: TRANSITIONAL AND FINAL PROVISIONS Rule 26 Learn more about this article...


    This Order applies to personnel navigating previously governed by the provisions of Decree No. 61-776 of 21 July 1961 amended with respect to the statutory provisions applicable to aviation training, aviation and transportation personnel. These officers are reclassified, on the date of effect of this decree, to the groups provided for in Article 2 above, because of the professional qualifications, as defined in Article 5 above, that they hold and, if any, of the functions they perform, at a digital level equal to that held, on the date of reclassification, pursuant to the aforementioned decree of 21 July 1961.

    Rule 27 Learn more about this article...


    Until the establishment of the parity advisory board for air navigating personnel governed by this decree, which will intervene no later than one year from the date of publication of this decree, the parity advisory board composed of representatives of the navigating personnel governed by the decree of July 21, 1961, remains competent.

    Rule 28 Learn more about this article...


    Amended Decree No. 61-776 of 21 July 1961 on the statutory provisions applicable to personnel navigating aviation training, air work and transportation is repealed.

    Rule 29 Learn more about this article...


    The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Budget, Public Accounts, Public Service, and State Reform, Spokesman of the Government, the Secretary of State to the Minister of Budget, Public Accounts, Public Service and State Reform, responsible for the Public Service, and the Secretary of State to the Minister of Ecology, Sustainable Development,


Done on 6 May 2011.


François Fillon


By the Prime Minister:


The Minister of Ecology,

Sustainable Development,

Transport and housing,

Nathalie Kosciusko-Morizet

Minister of Budget, Public Accounts,

public service and state reform,

Government spokesperson,

François Baroin

Secretary of State

to the Minister of Budget,

Public Accounts, Public Service

and state reform,

Public Service,

Georges Tron

Secretary of State

to the Minister of Ecology,

Sustainable Development,

Transport and housing,

Transport Officer

Thierry Mariani


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