The proficiency check that nobody scheduled
A FOO's operator proficiency check was due on 30 April. The operator's only examiner was on medical leave and the Authority had no inspector available, so the check was not done. By 20 May, dispatcher S. Wanjiru had continued to release flights, and an audit found 14 releases signed after 30 April. Her licence and medical remain valid. A volcanic ash advisory closes the normal route to Kigali, and the flight requires a complex reroute with an island reserve. Wanjiru is the only dispatcher on shift who knows the route. The operations manual states that dispatch privileges lapse when the proficiency check expires. The chief pilot argues that the Authority's delay should not penalise the operation and asks you to allow a 30-day extension.
1. Were the 14 releases signed after 30 April lawful? Explain the relationship between the licence and the operator's proficiency check.
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No, they were not lawful under the stated operations manual. A licence and a medical are necessary but not sufficient: the operator's proficiency check is the operator's own confirmation that the dispatcher remains competent on its aircraft, routes and procedures. When the check expires, the operator authorisation lapses even though the licence document still looks valid.
The distinction:
- Licence: issued by the State and shows the holder is qualified in principle.
- Medical: shows fitness.
- Operator proficiency check: shows current competence in the operator's specific environment.
- Roster authorisation: the final internal permission to act.
All four must align. The fact that the Authority could not provide an inspector does not extend the operator's check. If the operator's approved programme allows another examiner, an internal examiner or a delegated check, that route should have been used. Allowing the dispatcher to continue was a supervisory failure. The 14 releases should be treated as a compliance breach, reviewed for safety impact and reported as required.
2. What should be done about the Kigali flight tonight, given the ash reroute and Wanjiru's route knowledge?
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Safety and legality must be separated from convenience.
- Do not let Wanjiru sign the release. She is not current under the operator's programme. Her route knowledge is valuable but does not create authority.
- Find a current dispatcher. Call in a qualified dispatcher who can sign. If that person lacks route knowledge, Wanjiru can brief them on the ash reroute, island reserve, alternates and contingency fuel as a technical adviser. The release must be genuinely made by the current dispatcher, not rubber-stamped.
- If no current dispatcher is available: delay the flight until one is, or cancel. A complex ash reroute is exactly the situation where an unqualified release is least defensible.
- Use available support: the operator's meteorological adviser, the flight crew and the Authority's ash guidance can inform the plan, but they do not replace the licensed dispatcher.
- Document the decision: record the ash advisory, the reroute options, who provided the briefing, who signed the release and why the flight was delayed or operated.
The chief pilot's commercial concern is understandable but cannot override the manual and the safety case.
3. How should the request for a 30-day extension be handled, and what corrective action is needed?
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The postholder cannot grant the extension. Only the Authority can provide relief, and only if the regulations permit it. The operator should:
- Stop the non-compliant practice immediately and remove Wanjiru from release duty until a valid check is completed.
- Contact the Authority in writing with the facts: the check was missed, the examiner was unavailable, 14 releases occurred, and a plan is proposed. Ask whether any regulatory provision allows a short extension or a special arrangement, and record the answer.
- Arrange the check using any approved alternative examiner, a remote or simulator-based assessment if acceptable, or an inspector visit. Set a firm date.
- Assess the 14 releases for safety impact: were any made in marginal conditions, and did they meet the operator's standards? Report as required.
- Investigate the cause: single-examiner dependency, no backup, no expiry tracker, and a culture in which an expired check was allowed to continue.
- Correct the system: train a second examiner, maintain a check calendar with lead times, and give the compliance function authority to remove staff from duty.
- Communicate the outcome to all dispatchers so that the standard is clear.
The extension request should be answered with a clear 'not granted internally; Authority decision pending', not with an informal workaround.