AT-802 Exemption Extension Until 2029: What Changes for Fire Suppression Operators

Key data

Spanish operators of Air Tractor AT-802 and AT-802A aircraft have three more years of flexibility to operate without the safety systems required by general commercial aviation regulations. The Resolution of July 23, 2026 from AESA extends until August 9, 2029 the exemption originally granted in 2017 and last renewed by the Resolution of July 27, 2023.

This extension is not a minor formality: without it, operators of these aircraft would be required to install equipment technically incompatible with the AT-802 design, making its operation economically unfeasible in Spain for forest fire suppression and agricultural work.

What does this regulation establish?

The resolution extends an exemption that allows Spanish operators of Air Tractor AT-802 and AT-802A to operate under Part NCO (non-commercial general aviation operations) instead of Part NCC (commercial operations with complex aircraft), which would be the default applicable regulation for these aircraft.

Additionally, it exempts them from the obligation to install three specific safety systems:

AESA's justification is twofold: on one hand, the installation of these systems on the AT-802 is technically complex and economically unfeasible given the aircraft's specific design. On the other, there is no updated European regulation that adequately governs these specialized aircraft, nor are there market alternatives that can replace them for fire suppression missions and agricultural operations.

AESA has evaluated incidents occurring during previous extensions and concludes that the risk level remains low, which justifies maintaining the exemption.

Important exception: aircraft with airworthiness certificates issued after January 1, 2016 must carry some flight data recording system, even if it is an alternative to the standard FDR.

Economic and operational impact

The main impact of this resolution is positive for operators: it avoids technical adaptation costs that AESA itself recognizes as economically unfeasible. Without the extension, operators would have had to face one of these three options:

• Install systems incompatible with the AT-802 design at a disproportionate cost.
• Withdraw the aircraft from operation in Spain.
• Replace them with alternative aircraft, which according to AESA do not exist on the market for these missions.

From an operational perspective, operators can continue with their forest fire suppression contracts and agricultural work without interruptions or additional investments in safety equipment, at least until August 9, 2029.

The only differential operational cost affects operators of aircraft with airworthiness certificates issued after January 1, 2016, who must ensure the presence of some flight data recording system, though not necessarily the standard FDR.

Who does it affect?

• Spanish operators using Air Tractor AT-802 or AT-802A aircraft in forest fire suppression missions.
• Spanish operators using these aircraft in agricultural operations (aerial phytosanitary treatments, etc.).
• Spanish flight schools with Air Tractor AT-802 or AT-802A aircraft in their fleet.
• Operations and regulatory compliance managers (compliance officers, operations directors) of the above companies, who must understand the exact scope of the exemption and its conditions.

Practical example

A Spanish forest fire suppression company operates a fleet of Air Tractor AT-802A aircraft, some with airworthiness certificates prior to 2016 and others after that date.

• Aircraft with certificates prior to January 1, 2016: can operate under Part NCO without installing TAWS, ACAS II or FDR. The exemption fully covers them until August 9, 2029. They require no additional investment in safety equipment under this regulation.
• Aircraft with certificates after January 1, 2016: also benefit from the TAWS and ACAS II exemption, but must carry some flight data recording system. The standard FDR is not mandatory: it can be an alternative system compatible with the AT-802 design.

In both cases, the company avoids the costs of installing equipment that AESA recognizes as technically complex and economically unfeasible for this type of aircraft.

What should companies do now?

1. Verify the airworthiness certificate date of each aircraft: if it is after January 1, 2016, check that it has some flight data recording system, even if not the standard FDR.
2. Update operational documentation: reflect in operations manuals and internal records the validity of the exemption until August 9, 2029 and the applicable regulation (Part NCO).
3. Communicate to operations and compliance managers: ensure that the operations team understands the exact scope of the exemption and its conditions to avoid unintentional non-compliance.
4. Monitor the evolution of European regulation: AESA justifies the extension precisely because there is no updated European regulation for these aircraft. When that regulation is approved, the exemption conditions could change before 2029.
5. Plan ahead for 2029 renewal or adaptation: although the timeframe is broad, the experience of previous extensions (2017, 2023, 2026) suggests it is wise to anticipate regulatory review with at least 12-18 months of margin.

Official source

View complete regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-16902