||Safety Recommendation 2020/1555/1
During the investigation, it was found that the Phoenix UH-22 flying device, SP-HBOG registration marks, was entered into the Polish Civil Aviation Authority register without proper airworthiness assessment.
Since such cases may also concern other flying devices, in order to exclude irregularities in the above-mentioned matter, SCAAI recommends that the President of the Civil Aviation Authority shall conduct an analysis and prepare a draft amendment to the regulations issued on the basis of art. 33 item 2 of the Act of 3 July 2002, Aviation Law (as amended) related to:
a) entering flying devices into the CAA register ? to take into account the introduction of provisions requiring to submit, together with the first airworthiness assessment performed before the first flight of the aircraft, a technical assessment of the aircraft design carried out by the entities authorized to perform such assessment, referred to in the exclusion regulation (the so-called approving entities);
b) defining of criteria and requirements for amateur and experimental constructions and assessment of their fulfilment by approving entities.
Safety Recommendation 2020/1555/2
During the investigation, it was found that the Phoenix UH-22 helicopter, SP-HBOG registration marks was classified into the K6E category (experimental category), in the UL-H subcategory (ultra-light helicopter) in violation of the provisions of the Regulation of the Minister of Transport, Construction and Maritime Economy of August 7, 2013 on the classification of aircraft (Journal of Laws of 2018, item 1568), because its modifications were not related to research, experimental or scientific purposes, but their purpose was to reduce the mass of the certified helicopter in order to classify it as a flying device.
Since such cases may also concern other flying devices, in order to exclude irregularities in the above-mentioned field, SCAAI recommends that the President of the Civil Aviation Authority:
as part of oversight of users of flying devices, carried out in accordance with Art. 27 of the Aviation Law, pay special attention to aircraft entered in the records in the K6E (experimental) category, whether they meet the criteria referred to in the regulation on the classification of aircraft,
Safety Recommendation 2020/1555/3
During the investigation, it was found that there are cases of misinterpretation of the regulations on the construction of flying devices and modifications of aircraft.
In order to exclude errors in this matter and to standardize the interpretation of the regulations, SCAAI recommends that the President of the Civil Aviation Authority:
develop guidelines for manufacturers and builders of flying devices covering construction and modification of aircraft and give the seminar in which the following will be clearly explained:
a) who is the manufacturer or builder of the aircraft, and;
b) that the construction of new devices based on certified aircraft is inconsistent with both national and European Union regulations.