Factual Information 2015:1.17 Organisational and Management Information

1.17.1 Department of Civil Aviation (DCA) Malaysia

The DCA is an agency under the purview of the Ministry of Transport (MOT) with the authority to regulate and oversee all technical-operational aspects of the civil aviation industry in Malaysia.

As a Contracting State of the International Civil Aviation Organisation (ICAO) since 1958, Malaysia through DCA is responsible to ensure that the safety and security of flights are consistently maintained at the highest level possible, and at the same time, to ensure the safety of the Malaysian airspace for aircraft operations in conformity to the requirements of ICAO in all aspect of polices, regulations and Standards and Recommended Practices (SARPs).

Malaysia’s civil aviation system is based on the Federal Constitution as the supreme law. The legal framework in place consists of the following legislations enacted by Parliament:

Civil Aviation Act 1969 (Act 3), last amended 01 June 2003
Aviation Offences Act 1984 (Act 307);
Airport and Aviation Services (Operating Company) Act 1991 (Act 467); and
Carriage by Air Act 1974 (Act 148)

Specifically, Section 3 of the Civil Aviation Act 1969 empowers the Minister of Transport “to give effect to the Chicago Convention and regulate civil aviation.’’ Under the authority conferred by the same provision, the Minister of Transport also enacted the Civil Aviation Regulations 1996 (CAR) [P.U. (A) 139/96].

CAR 201 stipulates the use of ‘ipso facto’ to address ICAO Annexes 1 to 18, including the application of not only ICAO Standards, but also the recommended practices, provided that a regulation has not already been established in CAR and that a difference has not been notified to ICAO. In particular, DCA relies completely on CAR 201 for the implementation of Annexes 3, 4, 5 and 12.

The Civil Aviation Act 1969 or Act 3 also empowers the Minister of Transport to make rules providing for “the investigation in such manner as may be prescribed, including by means of a tribunal established for the purpose, of any accident either occurring in Malaysia or occurring to Malaysian aircraft.” In addition, this Act provides the Minister of Transport, the Chief Inspector of Air Accidents Investigation Bureau (AAIB) with the proper authority and legal tools to conduct investigations effectively, and in compliance with Annex 13.

The CAR defines which accidents and incidents shall be reported and empowers the Minister of Transport to appoint a Chief Inspector of Air Accidents and Incidents. CAR provides for the Chief Inspector to “determine whether or not an investigation shall be carried out in respect of any accident to which these regulations apply and the form of the investigation”. The Chief Inspector may carry out, or may cause another Inspector to carry out, an investigation of any such accident. The CAR also makes provision for the mandatory submission of a report to the Director-General of Civil Aviation (DGCA) in respect of any reportable occurrence. No provision is however made for a voluntary non-punitive reporting system.

a) Main Functions and Responsibilities of DCA

i. To exercise regulatory functions in respect of civil aviation and airport and aviation services including the establishment of standards and their enforcement;
ii. To represent the Government in respect of civil aviation matters and to do all things necessary for this purpose;
iii. To ensure the safe and orderly growth of civil aviation throughout Malaysia;
iv. To encourage the development of airways, airport and air navigation facilities for civil aviation;
v. To promote the provision of efficient airport and aviation services by the licensed company; and
vi. To promote the interests of users of airport and aviation services in Malaysia in respect of the prices charged for, and the quality and variety of, services provided by the licensed company.

b) Responsibility of the Director-General of DCA (DGCA)

The Civil Aviation Act 1969 (Act 3) clearly states the duties and functions of the DGCA (including the authority to delegate powers, duties and functions) and, by extension, the objectives and functions of the DCA.

Figure 1.17A Organisation Structure of DCA
(Not included here)

Among the several divisions under its jurisdiction, DCA has eight Divisions engaged in safety, security and licensing-related functions, as follows (Table 1.17A below):

i. Flight Operations Sector )	Grouped under a broader unit called Engineering and Flight Operations
ii. Airworthiness Sector )
iii. Flight Calibration Division )
iv. Air Traffic Management Sector
v. Air Traffic Management Inspectorate Division
vi. Aviation Security Division
vii. Airport Standards Division
viii. Malaysian Aviation Academy Division

Table 1.17A – Sectors and Divisions of DCA

This Section focuses only on the Air Traffic Services, Airworthiness and Flight Operations Sectors of the DCA.

Factual Information 2015:1.17 Organisational and Management Information/1.17.1.1

1.17.1.1 Air Traffic Services (ATS)

1.17.1.1.1 Air Traffic Management (ATM) Sector

The Director of the ATM Sector is responsible to the DGCA for the planning, implementation and operation of the air traffic services systems in the two Malaysian Flight Information (FIR), i.e. Kuala Lumpur and Kota Kinabalu FIRs respectively, in accordance with the ICAO SARPS.

The function of the ATM Sector is responsible for the provision of air traffic service for the safe and efficient conduct of flight within Malaysian airspace pursuant to the Chicago Convention 1947.

The Malaysian airspace is divided into the Kuala Lumpur and Kota Kinabalu FIRs, where operations are associated with air traffic control units. There are 2 Air Traffic Control Centres; in Kuala Lumpur and Kota Kinabalu, a sub-centre in Kuching as well as 12 Control Towers in Peninsular Malaysia, 4 in Sabah and 8 in Sarawak.

The Director of ATM Sector is supported by Regional Director I (Peninsular Malaysia), Regional Director II (Sabah), Regional Director III (Sarawak), Director KLIA and Director of KL ATCC in the functionality of the Sector. Supporting the Regional Directors/Directors are ATCC Chiefs, Supervisors, DCA Managers, Unit Chiefs, Operational Controllers and support staff. Other entities are under the direct responsibility of the Director of ATM Sector are Aeronautical Information Service (AIS) and Procedures for Air Navigation Services and Operations (PANS-OPS).

The ICAO SARPS associated with the responsibility of ATM Sector are those contained in:

a) Annex 1 - Personnel licensing,
b) Annex 2 - Rules of the Air,
c) Annex 3 - Meteorological Service for International Air Navigation
d) Annex 4 - Aeronautical Charts
e) Annex 5 - Units of Measurement to be used in Air and Ground Operations
f) Annex 10 - Aeronautical Telecommunications
g) Annex 11 - Air Traffic Services
h) Annex 12 - Search and Rescue
i) Annex 14 - Aerodromes
j) Annex 15 - aeronautical Information Services

1.17.1.1.2 Air Traffic Inspectorate (ATI) Division

The ATI Division is the regulatory body that oversees the provision of Air Navigation Services (ANS) by the ANS providers to ensure compliance with the national legislations, namely the Civil Aviation Act 1969 and the Civil Aviation Regulations 1996, and ANS-related ICAO Annexes to the Chicago Convention.

The ATI Division develops and establishes the ANS safety standards and performs safety oversight and surveillance activities with the sole aim of regulating the ANS providers. The regulatory Manual of ANS Inspectorate contains the requirements and procedures pertaining to the provision of the ANS, based mainly on the standards and recommendation (SARPS) of ICAO Annexes to the Chicago convention, other ICAO documents and best practices, as may be determined by the ATI Division develops and establishes the ANS safety standards and performs safety oversight and to be applicable in Malaysia. From time to time the ATI Division develops and establishes the ANS safety standards and performs safety oversight and may supplement these ANS safety standards in the form of safety publications such as Air Traffic Inspectorate Directives (ATIDS) or Aeronautical Information Circulars (AIC). Where appropriate, these safety publications will be incorporated into the Manual by amendments.

a) Safety Oversight Audit/Inspection of ANS Providers are conducted to effectively regulate the provision of ANS, The ATI Division develops and establishes the ANS safety standards and performs safety oversight and schedules formal annual audits and inspections, and also as and required, for which no notification is given. The audit utilises protocols and compliance checklists to evaluate the level of adherence to stipulated national legislations, and ANS-related ICAO Annexes to the Chicago Convention and ICAO documents, including best practices. Audits are carried out on the ATM Sector at Headquarters, and the ATS Units and ATC training organisations for both the DCA and Royal Malaysian Air Force (RMAF).

b) ATC Examination activities include all ATC courses at ATC organisations that are approved by the DGCA and operational ATC examinations at ATS units that control civil air traffic. However, some functions are delegated to designated ATC Check Officers who are appointed on a two-year basis by the DGCA.

c) ATC Licensing provisions are promulgated in the Civil Aviation Regulations 1996. The ATID is the authority for issuance, renewal, endorsement and validation of an ATC Licence and an ATC Trainee Licence in accordance with ICAO Annex 1 to the Chicago Convention.

d) Class 3 Medical Assessment for ATCOs, as part of the pre-requisite for an ATC Licence and an ATC Trainee Licence, shall only be issued by a Designated Aviation Medical Examiner (DAME). The ATI Division develops and establishes the ANS safety standards and performs safety oversight and maintains a comprehensive database of licensing information for all licensed holders.

e) English Language Proficiency (ELP) Assessment is required for ATCOs and aeronautical station operators, and they must meet the minimum required proficiency level for radiotelephony communications i.e. Level 4 in accordance with ICAO Annex 1 to the Chicago Convention.

f) ATC Incident Investigations are carried out for ATC safety-related occurrences to evaluate the effectiveness of the ATC system and its components, as well as recommending mitigation actions towards enhancements. The investigative process includes the Incident Review Panel (IRP), THE Board of Inquiry (BOI) and the Safety Review Boards).

To enable the military to meet its national operational requirements, a number of control zones, training areas and danger areas have been established. Operational control of these airspaces and responsibility for the provision of air traffic services within these airspaces have been delegated to the military. Close cooperation and coordination between the civil and military authorities has been established.

Provision of approach control service (within lateral limits of Butterworth Control Zone: 5,500 ft. altitude – FL245. (elsewhere 2,500 ft. altitude - FL245). Air traffic to/from the civilian Penang International Airport (PIA) is provided by military ATCOs who have been licensed by the ATI Division develops and establishes the ANS safety standards and performs safety oversight and to ensure the provision of services to civil traffic. The rationale for such an arrangement is based on the military activities at Butterworth Military Airport (BMA) which is in close proximity to PIA, and other military activities carried out over the high seas in danger areas WMD 412A and WMD 413A (permanently established). Furthermore, the final approach segments of both the PIA and the BMA intersect. No major incident has been recorded with the present arrangement/delegation of authority.

In addition to the licensing and validation of ATCOs, the ATI Division develops and establishes the ANS safety standards and performs safety oversight and is responsible for regulating the checks and standards units at various ATS facilities. It also conducts safety oversight of military ATCOs who are charged with the responsibility of providing air traffic services to civil flights in selected portions of the airspace.

The ATI Division also develops and establishes the ANS safety standards and performs safety oversight and has also developed appropriate processes and procedures to enable the division to carry out its safety oversight functions in accordance with established requirements and in a standardised manner. The Division also has the necessary facilities and equipment to enable the personnel to carry out their safety oversight functions in an effective manner. All necessary procedures, including guidance material, have been developed.

1.17.1.1.3 Search and Rescue (SAR)

With respect to SAR, no legislation specifically addresses the provision of assistance to aircraft in distress. However, in Malaysia, aeronautical SAR (ASAR) is provided in accordance with Annex 12 to the Convention of ICAO and International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual Vol. I to IV. As signatory to the Chicago Convention, Malaysia is obligated to provide ASAR services on a 24-hour basis, within the Malaysian Aeronautical Search and Rescue Regions (SRR), (defined within the Kuala Lumpur and Kota Kinabalu FIRs.

With the implementation of National Security Council (NSC) Directive No. 20 effective 11 May 1977, ASAR Operational Procedures have been amended to harmonise with interagency actions during an aeronautical incident.

a) Primary Aeronautical and Maritime SAR Agencies
- i. National Security Council (NSC)
  
  National Security Council is the body responsible for establishing, developing and maintaining Aeronautical and Maritime SAR organisation in Malaysia. The Cabinet, through the Secretary of the National Security Council, directs the NSC on policy, international agreements, conventions and operational matter. The NSC is responsible to the Cabinet on all matters pertaining to Aeronautical and Maritime SAR.
- ii. DCA
  
  The DCA is the SAR Authority for aeronautical incidents, and shall be responsible for the provision of Aeronautical SAR service within Malaysia’s Aeronautical Search and Rescue Regions (SRRs). As such DCA shall co-ordinate, liaise, train, equip, staff, maintain, develop procedures and operations and conduct exercises for A-SAR. DCA shall also assist the Maritime SAR Authority, when requested.
- iii. Malaysian Maritime Enforcement Agency (MMEA)
  
  The MMEA is the SAR Authority for maritime incidents, and shall be responsible for the provision of Maritime SAR service within Malaysia’s Maritime SRRs. As such MMEA shall co-ordinate, liaise, train, equip, staff, maintain, develop procedures and operations and conduct exercises for maritime SAR. MMEA shall also assist the Aeronautical SAR Authority, when required.
b) Aeronautical SAR Plan of Operation

The purpose of this plan is to provide a set of specific Aeronautical SAR Operation Procedures in all SAR missions within the Malaysian SRRs, for which DCA is the SAR Authority for aeronautical incidents and, acts as Chairman to the Aeronautical SAR Working Group.

However, this plan is, by no means, exhaustive in nature, and is to be used in conjunction with IAMSAR MANUAL VOLUMES I, II, and III and as well as other departmental documents issued from time to time. Operational letters of agreements have also been signed with neighbouring States/SAR Regions. The preparedness and training of all entities is ensured through regular exercises and training.
c) International SAR Treaties, Convention and Agreements

DCA Malaysia participates in a number of international organisations such as ICAO, and agreed to adopt search and rescue (SAR) standards and practices in accordance with the Convention on International Civil Aviation. Finally there are agreements between Malaysia and Indonesia, Singapore, Thailand, Brunei and the Philippines SAR agencies to enhance co-ordination, cooperation and mutual support for operations along commons borders.
d) SAR Agreements
- i. Multi-Lateral
  
  As a member state of the Association of South East Asia Nations (ASEAN), and in line with the declaration of ASEAN Concord for co-operation between the member states of Indonesia, Philippines, Singapore and Thailand, Malaysia formalised the following on aeronautical and maritime SAR:
  - ASEAN agreements for the facilitations of search for aircraft in distress and rescue of survivors of aircraft accidents, signed at Singapore on 14 April 1972; and
  - ASEAN Agreements for the facilitations of search for ships in distress and rescue of survivors of accidents, signed at Kuala Lumpur on May 1975.
- ii. Bilateral
  
  Malaysia has signed Bilateral Aeronautical SAR Agreements with the following:
  - Singapore - 11 August 1984
  - Indonesia - 29 August 1985
  - Thailand - 09 September 1985
  - Philippines - 09 December 1985
  - Brunei Darussalam - 16 September 1998
  Others Arrangements
  - Special operational procedures for border SAR Malaysia/Indonesia by the General Border Committee, resulting from the special arrangements between the Malaysia/Indonesia SAR Working Group of both countries
  - Under the Operational Letter of Agreements between Singapore and Malaysia pertaining to aeronautical SAR service in the South China Sea Corridor Area*, Kuala Lumpur ACC shall take alerting actions while Singapore RCC shall conduct the aeronautical SAR mission.(See AIP Malaysia Volume I ENR 2.2-3):
    
    * South China Sea Corridor Area is defined as the area West of 105E at flight level 150 to Ground/Sea Level and East of 105E at flight level 200 to Ground/Sea Level, within the dimensions of 023600N 1044500E to 020000N 107000E and along 020000N till the Singapore/Kota Kinabalu FIR boundary
    - thence along 060000N till the Singapore/Kuala Lumpur FIR Boundary - thence along this boundary to 023600N 1044500E).
  - It shall be noted that the SAR responsibilities over high seas/Malaysia Exclusive Economic Zone (EEZ) or over Malaysia Maritime SAR Region (MSRR) shall be under the jurisdiction of Malaysia SAR authorities exclusively.
- e) Area of Responsibility
  
  In accordance with ICAO agreements to provide search and rescue (SAR) services in Malaysia and adjacent ocean areas, the country has been divided into two search and rescue regions (SRRs) for aeronautical coordination. The international boundaries are in accordance with ICAO agreements.
- f) The SRRs of Malaysia are defined as follows:
  - The areas coincide with the boundaries of the Kuala Lumpur and Kota Kinabalu Flight Information Regions; airspace as delegated by Aeronautical SAR Region (ASRR) Appendix ICAO under Malaysia’s jurisdiction, as promulgated in ICAO’s Regional Air Navigation Plan.
    
    The Malaysia ASRR area of responsibility is as Figure 1.17B below:
    
    Figure 1.17B - Malaysia Aeronautical SRR
- g) Maritime SAR Regions (MSRR)
  
  The waters of Malaysia including the areas declared as the Continental Shelf Boundary and also the waters under the FIRs delegated to Malaysia. This information is published in IMO SAR Plan. Refer Figure 1.17C for MSSR.
  
  Figure 1.17C - Malaysia Maritime SRR
- h) The responsibilities of DCA on SAR are as follows:
  - Developing SAR policies;
  - Developing ASAR bi-lateral agreements with adjacent states;
  - Establishing, staffing, equipment and managing the ASAR system;
  - Conduct training courses in search and rescue at the Civil Aviation Academy and refresher courses at the ARCC;
  - Co-ordinate for SAR training and refresher courses;
  - Establishing of ARCCs and ARSC;
  - Arranging for SAR facilities;
  - Conduct an co-ordinate all SAR missions involving civil aircraft within its areas of responsibility;
  - Assist in the conduct of all SAR missions involving military aircraft, when requested by RMAF;
  - Assist in the conduct of SAR missions involving vessel when requested by MRCC/MRSC;
  - Provision and maintenance of the Kuala Lumpur ACC, Kota Kinabalu ARSC and Kuching ARSC;
  - Tasking of SAR participating aircraft or vessel for search and rescue operations:
    
    - Provision of survival equipment;
    - Periodically conduct national and international search and rescue exercises (SAREX)
- i) Kuala Lumpur Flight Information Region (FIR)
  
  The KL ATCC is headed by the Director and supported by Deputy Director for ATCC, Deputy Director for KL TMA and 243 ATCOs of various grades. Total number of ATCO posts approved by the government is 353, however as of March 2014 there were 110 vacant posts. The KL ATCC’s Controler Working Positions (CWPs):
  - i. Approach Control Surveillance
    - TMA Supervisor.
    - Approach North
    - Approach South
    - Approach Low
    - Approach Radar (Flow Control)
  - ii. Area Control Surveilliance
    - Sector 1 Area Control Surveilliance
    - Sector 2 Area Control Surveilliance
    - Sector 3 Area Control Surveillance
    - Sector 4 Area Control Surveillance
    - Sector 5 Area Control Surveillance
    - Sector 6 Area Control Surveillance (Sector 1 Upper)
    - Sector 7 Area Control Surveillance
  - iii. Area Control Procedural
    - 5 Area Control Porcedural
    - Sector 1 Area Control Porcedural
    - Sector 2 Area Control Porcedural
    - Sector 3 Area Control Porcedural
    - Sector 4 Area Control Porcedural
  - iv. Sector Flight Data Assistant/Clearance Delivery
    - Sector 1 Flight Data Assistant
    - Sector 2 Flight Data Assistant
    - Sector 3 Flight Data Assistant
    - Sector 4 Flight Data Assistant
    - Sector 5 Flight Data Assistant
    - Sector 6 Flight Data Assistant
    - Flight Data Processing
    - Clearance Delivery
    - Asst. Clearance Delivery
    - Asst. Flight Information Services
  - v. Working Positions (No Rating required)
    - Watch Manager
    - Controller-Pilot Data Link Communications
    - Flight Information Services
    - High Frequency/Aeronautical Mobile Services Station (HF/AMSS) South East Asia (SEA)1
    - HF/AMSS SEA 2
    - Aeronautical Fixed Telecommunications Network (AFTN) 1
    - AFTN 2

1.17.2 Malaysia Airlines (MAS)

1.17.2.1 The Organisation The Airline began in 1937, when the Straits Steamship Company and Imperial Airways formed Malayan Airways Limited in Malaya. It evolved through many changes to MalaysiaSingapore Airlines (MSA) until Singapore had its independence in 1965, where its Malaysian part became Malaysian Airline System (MAS) Berhad. In 1987 the Company took the commercial name of ‘Malaysia Airlines’ in line with the international promotion of the country. MAS holds an Air Service Licence (ASL) and Air Operators Certificate (AOC) for scheduled and non-scheduled operations. It was public listed in 1985 with the Government holding a golden share. At its peak, MAS was having an extensive network of operations with more than 100 destinations spanning over 5 continents around the world. The recession in 1994 affected the airline’s business significantly when the operations were drastically scaled down. The airline’s performance for the last 5 years had been a subject of great interest as it had suffered financial losses. Competition from emerging Low-cost operators significantly contributed to the negative performance of the Company. MAS had in its fleet the A380, A330, B747-400, B777-200 and B737-400 and B737-800. Its subsidiaries Firefly & MASWings operates the ATR-72 plying most of the domestic network in Peninsular & East Malaysia In spite of its scaled down operations it is still a fairy large organisation (Figure 1.17D below shows the Organisation Structure of MAS), with a staff strength of more than 20,000 employees. It is headed by a Group Chief Executive Officer (CEO) who reports to the Board. Eight Directors report to him, each heading a Division. The divisions are as follows: a) Commercial b) Operations c) Corporate Services d) Customer services e) Finance f) Human Resources g) MAS Aerospace Engineering (Engineering & Maintenance Division-EMD) h) Group CEO Office

Figure 1.17D - Organisation Structure of MAS

1.17.2.2 Engineering & Maintenance a) Organisation Structure The Engineering and Maintenance Department (EMD), also known as MAS Aerospace Engineering, is headed by a Chief Executive Officer (CEO) who is assisted by a Deputy CEO (Airlines Operations) and Senior Vice President (MRO Operations). The Finance, Engineering Materials, Business Support, Business Development, Legal and Warranty departments of the EMD report direct to the CEO of the EMD. Heavy Maintenance, Engineering Commercial, Training, Special Project, Engineering Facility and Workshop departments report to the SVP (MRO Operations). The Technical Services, Maintenance Operations, Aircraft & Engine Maintenance Planning, Quality Assurance, Aircraft Project, Lease Planning, End-of-Lease (EOL)/Airline Engineering Group (AEG) Special Project and EOL Project Departments report to Deputy CEO (Airlines Operations). b) Maintenance and Design Approval The EMD is responsible to manage and carry out the maintenance of the MAS fleet of aircraft, which consists of B747-400, B777-200, B737-400, B737-800, A330 and A380. The Maintenance and Management approval was issued by the DCA Malaysia way back in 1971. The approval continues until today and is now based on the approved quality system laid out in the Maintenance Management Organisation Exposition (MMOE). The quality management system as detailed in the MMOE is under the responsibility of the Head of the Quality Assurance, who has direct access to the CEO of the EMD. The EMD also holds other maintenance approvals, notably from the European Aviation Safety Agency (EASA), the Federal Aviation Administration (FAA) of the United States of America (USA), the Civil Aviation and Safety Authority (CASA) of Australia and others, for maintenance of third party aircraft and components. All these approvals have their independent approval process of initial approval, revalidation and surveillance. The EMD is also issued with Design Organisation Approval by DCA Malaysia. This allows the EMD to make minor design changes on the MAS fleet. To administer this, a team of engineers in the Technical Services department of EMD are qualified and approved in the various aviation disciplines such as Structures, Systems and Avionics. c) Training The EMD has its own Training school which provides ab-initio training to qualify selected candidates to obtain the DCA Malaysia Maintenance Engineers’ licences in the Mechanical or Avionics category. There are also training programmes for aircraft and workshop technicians as well as Approval holders. The Training School also administers Continuation training which is required for all staff working on aircraft and in workshops. d) Base Maintenance The EMD has two main bases for base maintenance: KLIA in Sepang and Subang Airport (SZB) in Subang. The Kota Kinabalu (KBI) base in Sabah is an extension of the KLIA base. These bases are equipped with the hangars and facilities as required in the scope of the approval. The SZB base has 4 hangars to accommodate all aircraft in the MAS fleet. The SZB facility also accommodates all the support workshops for the required maintenance. The KLIA base has 2 hangars, one of which can accommodate the A380-800. The KLIA base has some limited support workshops for maintenance activity under the scope of approval. The BKI, extension of KLIA, has one smaller hangar only capable to accommodate B737 series aircraft. e) Line Maintenance Other than the main bases, there are also line stations according to the regions around the world. These are as follows: i. Peninsular Malaysia ii. Sabah and Sarawak iii. South East Asian iv. Far Eastern v. America and Pacific vi. Australian and New Zealand vii. Indo-Pakistan/Mideast and African viii. European

Line maintenance of aircraft at international line stations is contracted out to the local maintenance organisations. These line maintenance organisations are approved by DCA Malaysia before they undertake the task. The organisations are also subjected to regular audits by MAS and DCA Malaysia. f) Maintenance Authorisation The EMD had approximately 4000 staff; distributed among the SZB base, KLIA base and the BKI extension base. There were approximately 1240 certifying staff at both SZB and KLIA bases and 41 certifying staff in BKI. The certifying staff consist of the following: i. Licenced Aircraft Maintenance Engineers ii. Workshop approval holders iii. Certifying mechanics iv. Stores Inspectors v. Non Destructive Testing (NDT) approval holders vi. Welders The Head of Quality Assurance (QA) is responsible for the administration and control of the Certifying staff. g) Safety Management System The EMD had implemented Safety Management System as documented in the Safety Management Manual and as required by DCA Malaysia Airworthiness Notice No. 101. This safety management is a part of the company wide Corporate Safety Management led by the Corporate Safety Oversight department which reports to the Group CEO’s office.

1.17.2.3 Operations This division is headed by the Director of Operations and supported by: i. Flight Operations ii. In-flight Services iii. Operations Control Centre iv. Operations System & Support v. Security vi. Director of Operations Office

1.17.2.3.1 Flight Operations The structure consists of 6 Senior Managerial positions namely: i. QA & Regulatory Affairs ii. Training & Standards iii. Flight Safety & Human Factors iv. Technical & Development v. Crew Planning & Deployment vi. Line Operations. All of the above 6 report to the Head of Flight Operations: a) Organisation & Management related to B777 Operations All the fleets in the company fall under the purview of Chief Pilot Line Operations. The fleet is headed by Fleet Manager B777 who reports to the Chief Pilot Line Operations. The B777 has been with the company for the past 17 years and until March 2014 the fleet comprised of 17 aircraft. On the B777, MAS is approved for 180 minutes ETOPS operation. b) Technical Crew Since the early days of operations, MAS started with domestic and regional services. Thus, the fleet of aircraft had always included small propeller aircraft and short haul twin engine jets. This is where a new recruit would be posted to, be it fresh ab-initio or experienced pilots from the Air force or General Aviation. The career of a pilot begins as a co-pilot on the smallest Turbo Props, or sometimes when the demand and the promotion is rapid, suitable candidates may be posted direct to the B737 upon entry into the airline. A copilot would need to serve for at least 5 to 7 years in the company on the lower fleet before one can be considered for promotion to the B777. They are normally promoted from the B737/200/400/800 or sometimes from the A330 fleet. The airline embarked into sponsoring fresh cadets for pilot training since it first started but had slowed down this programme with the abundance supply of self-sponsored pilots since the last 5 years. On the average it would take at least 15 years of flying in the company before a pilot can be promoted to command the B777. Among the factors for career progression, is eligibility in terms of total hours, competency, seniority in the pilot ranking and the airlines expansion plan. In Malaysia Airlines, no young fresh ab-initio pilot would be posted direct to the big Wide Body jet without the smaller twin jets experience. At point of entry the career progression would start from DHC6/F50, B737 and A330/B777 then finally to the B747 and/or A380. Promotions are normally carried out in this above order. By the time a captain is ready for the B777, he would have at least flown F50, B737 or A330 or combination of all the 3 aircraft with at least a total of 6000 hours, part of which has to be a minimum of 2000 command hours on the smaller jets. c) Working Schedule The working schedule and rest requirement to manage crew fatigue is highly regulated and normally bounded by guidelines stipulated by the CAA UK CAP 371 and the Malaysian Civil Aviation Regulations (MCAR). The MCAR adapts the CAA CAP 371. With the formation of the Joint Aviation Requirements (JAR), DCA Malaysia had gradually migrated towards regulations stipulated in the JAR. Duty and Flight Time Limitation are strictly guided by these published regulatory documents. In general MAS has since its inception, adopted a more stringent and restrictive measure based on the Memorandum of Understanding (MoU) between the Pilots Association and the Management, to ensure that all Technical Crew are well rested before they are scheduled to any assigned flight duties. The Pilots Association plays an important role to ensure that all these limitations are not exceeded and all these agreed limits are published and available in the MoU. Malaysian Airlines Pilots Association (MAPA) although with limited rights, played a pivotal role in the overall welfare and interest of the pilots. In the case of MH370, the expected flight and duty time was less than 8 hours, with a single leg of one take-off and one landing. The Regulatory requirement and MoU, only require one set of crew to man the flight. Standard company practice calls for the whole set of crew to lay over in Beijing and fly back the next day. Beijing is a destination that MAS operates on a daily basis with the same aircraft type. The guidelines for Technical Crew requirement are:  Less than 8 hours : 2 crew (1 Captain & 1 Co-pilot)  Between 8 to 10 hours : 3 crew (2 Captains & 1 Co-pilot)  More than 10 hours : 4 Crew (2 Captains & 2 Co-pilots) Technical Crew are required to undergo medical check-up by approved Aviation Doctors for their Licence renewal. The medical certificate issued, forms part of the validity of a pilots flying licence. d) Safety Management System MAS Safety Management System (SMS) has been designed to comply with the framework as per ICAO in Annex 6, Appendix 7, Framework for Safety Management Systems and the expanded guidance found in the ICAO Safety Management Manual ICAO SMM (Doc.9859) and IATA SMS Implementation Guide. In addition this system is consistent with the DCA Malaysia’s Aeronautical Information Circular (AIC) document number 06-2008: SMS. MAS has established these requirements to ensure positive control and continuous improvement for safe and secure operations, including the operations of its subsidiaries MASWings, Firefly, MAS Aerospace Engineering and MASKargo. This document forms an integral part of the Corporate Safety Policy Manual. e) Flight Operations Quality Assurance (FOQA) The airline acknowledges the importance of safety as its utmost priority. Like most other airlines, with statistics showing Human Factor as the main contributor to Air Accidents, the Flight Operations Quality Assurance (FOQA) programme was introduced. This system has contributed tremendously even in non-eventful cases where impending trend towards an unsafe situation could be recorded. With this system in place investigations of events that could lead to an incident would be undertaken and remedial actions and recommendations put into place. f) Line Operations Safety Audit (LOSA) LOSA was first introduced in 2004 in collaboration with the University of Texas. The results were fruitful and recommendations were implemented via Safety Change Process (SCP). MAS conducts LOSA every 2 years but not later than 5 years. The way LOSA was conducted is by taking random sampling of all aspect of operations including random audit of normal scheduled commercial flight. g) Crew Recourses Management (CRM) MAS considers CRM as a critical component of flight safety during operations. The training programme included the Cabin Crew & Dispatchers. For new recruits there will be a 3 days programme for CRM. Recurrent training is conducted on a yearly basis. The Safety Awareness Programme (SAP) conducted on a yearly basis includes the recurrent for the CRM training/ refresher. This programme has been in the system ever since the release of ICAO Annex 6 Part 1. h) Training & Standards MAS manages their entire training requirement in-house including the mandatory requirement for the Flight Crew. MAS has its own Training Centre for Pilots as well as Engineers. It is presently equipped with various Full Flight Simulators for all the fleet in the Company with most of the Flight training devices certified to FAA Level D, capable of zero flight time training. This Training Centre has been established for more than 40 years and has been certified by many countries as an approved Type Rating Training Organisation (TRTO.) Type Rating Instructors (TRI) & Type Rating Examiners (TRE) normally come from within the airline and they require stringent training and check before being approved by the DCA Licensing Division of Malaysia. Besides the availability as a TRTO, the Simulators are utilised by neighbouring airlines and smaller organisations within the region to fulfill their training and checking requirements. Competency of pilots, as per regulatory requirements worldwide, is normally monitored every 6 months. MAS training policy requires 2 Simulator sessions every 6 months. The two training sorties every 6 months consist of 1 review and training followed by the Proficiency check sessions. i) Safety & Emergency Procedures (SEP) Proficiency in Safety & Emergency Procedures is also part of the mandatory training requirement which is conducted every 12 months. It is based on the Aircraft Type that the pilot is rated on. This recurrent training requires a minimum of 3 days which covers all aspect of emergencies including medical and first aid knowledge .This section of Training falls under the purview of Flight Safety & Human Factor. j) Operation Control Centre (OCC) The OCC is where the dispatch of flight crew and cabin crew takes place. A team of Licensed Aircraft Dispatchers are stationed in this Department. Besides the crew formalities required prior to departure, the flight crew will be working in tandem with the assigned dispatcher to review all documentations related to the assigned flight which influences the decision on the finalized routing and fuel ordered by the Captain of the flight. k) Technical and Development Technical Data and aircraft performance falls under the control of the Ops Engineering Department. This Department works closely with the Technical Services Department of Engineering Division and Aircraft Manufacturers on Performance Engineering matters Technical & Development department participates in evaluation of new Aircraft Type and Aircraft Equipment.

1.17.2.3.2 In-flight Services a) Cabin Crew Cabin Crew are required to be present on public transport flights to perform duties in the interest of passenger’s safety. They must be well-informed about safety and policies of the Company. Each cabin crew member shall:  Be well prepared and fit for the flight  Ensure adherence of “Fasten seat belt” and “No Smoking” signs  Ensure the comfort and safety of all passengers  Ensure passengers safely escape in an emergency evacuation Cabin Crew is a person employed to facilitate the safety of passengers whose duties are detailed by the Company or the aircraft commander. Cabin Crew will not act as a member of the flight crew. At the point of recruitment the candidate has to go through a thorough interview and medical check-up. Once selected, a comprehensive training of safety and service procedure will be provided by the airline for the duration of 3 months and he/she will graduate and leave the academy as a qualified Cabin Crew assigned to the selected fleet that one is trained for. MAS has the policy of fleet grouping for cabin crew in the following order:  Narrow Body : B737  Wide Body : A330, B777 & B747/A380 Upon graduation, Cabin Crew would be given a flight duty roster on a monthly basis. The roster is managed by the Crew Planning & Deployment Section. Initially, Cabin Crew would be required to operate the domestic and the regional flights known as the Narrow Body Fleet for a minimum of 2 years. With sufficient experience gained in the narrow body fleet they may be promoted and will have to undergo additional training for the new fleet that they are promoted to. This will include international network which is normally operated by the Wide Body Fleet. The selection of crew for promotion normally depends on individual’s competency and track record. On yearly basis, Cabin Crew is required to go through a safety recurrent training on their Safety Emergency Procedures (SEP) at the academy in order to keep their licence and training validated by certified instructors. It is mandatory for the crew to achieve the required minimum safety and emergency procedures and knowledge which are assessed through examinations. This recurrent training includes first aid training and examination, to get the certificate renewed. There is also a “Safety Awareness Programme” (SAP) and “Crew Resource Management” (CRM) classes that is compulsory for the Cabin Crew to attend every 2 years. These two programmes are basically similar and they are incorporated within the 3 days of training. Cabin Crew will be issued with a Safety Card endorsed by the Safety and Human Factors Department of MAS as well as Crew Performance Card issued by the Cabin Crew Line Operation and Performance Department. The crew will be expected to carry these two documents at all times for flight duty. b) Crew Performance Appraisal (CPA) To maintain and achieve a high standard of service and safety, each and every Cabin Crew is required to have a CPA which is done twice a year. The assessment is done by the crew in charge on board during the flight. The Cabin Crew will be checked on aspects such as safety and service procedure, product knowledge, Customs, Immigration and Quarantine, station documents, grooming and leadership skills. The crew in charge will conduct the checking on the crew by Questions & Answers (Q & A) and how the individual performs as part of the operational crew member in his/her assigned capacity. c) In-flight Operation On board a Boeing 777-200 aircraft the standard operating cabin crew of 11 is required. The normal cabin crew complement for the Boeing 777-200 aircraft is as follows:  In-flight Supervisor : 1  Chief Steward/Chief Stewardess : 2  Leading Steward/Leading Stewardess: 2  Flight Steward/Flight Stewardess : 6 The 777-200 fleet has a two-cabin configuration with Golden Class Club (GCC) and Economy Class (EY). Four cabin crew will be designated to work in GCC and six in EY. The In-flight Supervisor is in charge of the whole cabin. Two Chief Steward/Chief Stewardesses look after the GCC assisted by two cabin crew. Six cabin crew are designated to work in EY class. The EY class is divided into two sections and each section is looked after by one Leading Steward/Leading Stewardess and assisted by two cabin crew. The In-flight Supervisor is the person responsible to manage the cabin safety and report to the Commander of the aircraft. He or she shall:  Have the overall responsibility to the aircraft commander for the conduct, coordination and performance of the cabin operations and the safety duties.  Verify that all the cabin crew members are fit for flight and with all relevant documents valid for flight duty.  Coordinate and organise the functions and tasks of all cabin crew members: i. Execute cabin crew briefing ii. Nominate positions and working areas iii. Nominate in flight service duties iv. Checking of emergency equipment, pre-flight safety briefing and reporting matters concerning safety (irregularities and malfunctions) to the Commander v. Debriefing the cabin crew members when required vi. Ensuring efficient communication with crew members and ground personnel vii. Ensuring contact with the flight deck on a regular basis. The minimum requirement of the operating cabin crew for the B777-200 fleet is 8 as per Civil Aviation Regulation. The minimum number of operating Cabin Crew in a flight is governed by the number of the doors of the aircraft. A B777-200 aircraft has 8 doors therefore the minimum number of Cabin Crew for the flight to be dispatched is 8. This is basically a safety requirement where in the event of emergency each door will be operated by a trained Cabin Crew. However the number of Cabin Crew operating may increase in the interest of Customer services requirement. d) Flight and Duty Time Limitations Scheme for Cabin Crew The prime objective of a flight time limitations scheme is to ensure that crew members are adequately rested at the beginning of each flying duty period, and whilst flying, be sufficiently free from fatigue so that they can operate to a satisfactory level of efficiency and safety in all normal and abnormal situations. The maximum duty hours for cabin crew shall not exceed:  60 hours in 7 consecutive days  105 hours in any 14 consecutive days  210 hours in any 28 consecutive days Cabin crew will be notified in advance of a flying duty period so that sufficient and uninterrupted pre-flight rest can be obtained. When away from base, opportunities and facilities for adequate pre-flight rest will be provided by the Company in suitable accommodation. The minimum rest period which must be taken before undertaking a flying duty period shall be:  At least as long as the preceding duty period, or  12 hours, Whichever is greater. The minimum rest period shall be the higher of pre-flight or post flight rest. It is not cumulative of both rests. The minimum rest period which must be provided before undertaking a flight, at home base shall be: Flight Rest Period Pre-Flight 40 hours (inclusive 2-local nights) Post Flight 72 hours (inclusive 3-local nights) The minimum rest period which must be provided after performing a flight, out of base shall be: MAS Employee Union (MASEU) is the recognised union certified by MAS to represent the cabin crew. Flight Time Limitation and working condition are governed by the Collective Agreement (CA) signed between the union and MAS, in compliance with CAR or whichever is more limiting. e) Cabin Safety Report Accident/Incident/Hazard Reports Form MAS manages in-house reporting system to identify many of these Accidents/ Incidents/ Hazards by collecting and then analysing hazard and incident reports to audit incidents encountered during flight. Incident reporting system is one of the most effective tools for pro-active hazard identification. Cabin Crew are to fill up this form and to submit it at the end of the flight within 24 hours. Confidential Human Factors Incident Reporting Programme (CHIRPS) CHIRPS stands for where it applies for the flight crew, cabin crew and engineering personnel only. It is a none-disclosure type of document where one can use and submit to the Company to any complaints and issues. CHIRPS can only be used for human factor and safety issues, errors and unsafe practices and where some may potentially infringe regulatory practises. It is not to be used for mandatory incidents reporting, personality conflicts, industrial issues and employment problems. It will be reviewed by the members of the CHIRPS staff and actions will be taken accordingly. All these reports are managed by the Corporate Safety Oversight and Human Factors Department.

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Source: Malaysian ICAO Annex 13 Safety Investigation Team for MH370, 8 March 2015, Factual Information MH370/01/15

The Factual Information was updated in 2018 by the Safety Investigation Report MH370/01/2018 which added new content but did not include all of the previous data.