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Document 32006R1899

Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006 amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (Text with EEA relevance)

OJ L 377, 27.12.2006, p. 1–175 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV)
Special edition in Bulgarian: Chapter 07 Volume 017 P. 35 - 209
Special edition in Romanian: Chapter 07 Volume 017 P. 35 - 209
Special edition in Croatian: Chapter 07 Volume 002 P. 63 - 237

In force

ELI: http://data.europa.eu/eli/reg/2006/1899/oj

27.12.2006   

EN

Official Journal of the European Union

L 377/1


REGULATION (EC) No 1899/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 December 2006

amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1)

Regulation (EEC) No 3922/91 (3) provides for common safety standards listed in Annex II to that Regulation with respect, in particular, to the design, manufacture, operation and maintenance of aircraft, as well as persons and organisations involved in those tasks. Those harmonised safety standards apply to all aircraft operated by Community operators, whether such aircraft are registered in a Member State or in a third country.

(2)

Article 4(1) of that Regulation requires the adoption of common technical requirements and administrative procedures, on the basis of Article 80(2) of the Treaty, for the fields that are not listed in Annex II to that Regulation.

(3)

Article 9 of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (4) provides that the granting and validity at any time of an operating licence shall be dependent upon the possession of a valid air operator's certificate specifying the activities covered by the operating licence and complying with the criteria to be established in a prospective regulation. It is now appropriate to establish such criteria.

(4)

The Joint Aviation Authorities (JAA) have adopted a set of harmonised rules for commercial air transportation by aeroplane, called Joint Aviation Requirements for Commercial Air Transportation (Aeroplanes) (JAR-OPS 1), as amended. Those rules (Amendment 8 of 1 January 2005) provide for a minimum level of safety requirements and therefore constitute a good basis for Community legislation covering the operation of aeroplanes. Changes had to be made to JAR-OPS 1 in order to bring it into conformity with Community legislation and policies, account being taken of its numerous implications in the economic and social field. That new text cannot be introduced into Community law by simple reference to JAR-OPS 1 in Regulation (EEC) No 3922/91. A new Annex containing the common rules should therefore be added to that Regulation.

(5)

Air operators should be given sufficient flexibility to address unforeseen urgent operational circumstances, or operational needs of a limited duration, or to demonstrate that they can achieve an equivalent level of safety by means other than the application of the common rules set out in the Annex (hereinafter referred to as Annex III). Member States should therefore be empowered to grant exemptions or introduce variations to the common technical requirements and administrative procedures. Because such exemptions and variations could, in certain cases, undermine the common safety standards or create distortions on the market, their scope should be strictly limited and their grant should be subject to appropriate Community control. In that respect, the Commission should be empowered to take safeguard measures.

(6)

There exist well-identified cases where Member States should be permitted to adopt or maintain national provisions regarding flight and duty time limitations and rest requirements, provided that commonly established procedures are complied with and until Community rules based on scientific knowledge and best practices are established.

(7)

The aim of this Regulation is to provide harmonised safety standards of a high level, including in the field of flight and duty time limitations and rest periods. In some Member States collective labour agreements and/or legislation exists which provides for better conditions as regards flight and duty time limitations and as regards working conditions for cabin crew. Nothing in this Regulation should be interpreted as limiting the possibility of concluding or retaining such agreements. Member States are allowed to maintain legislation which contains provisions more favourable than those laid down in this Regulation.

(8)

The provisions of Regulation (EEC) No 3922/91 concerning the committee procedure should be adapted to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(9)

The provisions of Regulation (EEC) No 3922/91 relating to its scope should be adapted to take account of Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (6), as well as its implementing rules established by Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (7), and Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (8).

(10)

This Regulation, in particular the provisions on flight and duty time limitations and rest requirements as set out in Subpart Q of Annex III, takes into account the limits and minimum standards already established in Directive 2000/79/EC (9). The limits set out in that Directive should always be respected for mobile workers in civil aviation. The provisions of Subpart Q of Annex III and other provisions approved pursuant to this Regulation should in no circumstances be broader and thereby provide those workers with less protection.

(11)

Member States should be able to continue to apply national provisions on flight and duty time limitations and rest requirements for crew members, provided that the limits established by such national provisions are below the maximum limits and above the minimum limits laid down in Subpart Q of Annex III.

(12)

Member States should be able to continue to apply national provisions on flight and duty time limitations and rest requirements for crew members in areas that are at present not covered by Subpart Q of Annex III, e.g. the maximum daily flight duty period for single pilot operations and emergency medical operations, provisions regarding the reduction of flight duty periods, or the augmentation of rest periods when crossing multiple time zones.

(13)

A scientific and medical evaluation of the provisions on flight and duty time limitations and rest requirements and, where relevant, of the provisions on cabin crews, should be made within a period of two years following the entry into force of this Regulation.

(14)

This Regulation should not affect the application of provisions on inspections as laid down in the 1944 Chicago Convention on International Civil Aviation and in Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (10).

(15)

Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation.

(16)

Regulation (EEC) No 3922/91 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3922/91 is hereby amended as follows:

1)

the following recital shall be inserted immediately after the ninth recital:

‘The application of provisions regarding flight and duty time limitations can result in significant disruption of rosters for undertakings the operating models of which are exclusively based on night-time operation. The Commission should, on the basis of evidence to be provided by the parties concerned, carry out an assessment and propose an adjustment of the provisions regarding flight and duty time limitations to take account of these special operating models.’;

2)

the following recitals shall be inserted immediately after the tenth recital:

‘By 16 January 2009, the European Aviation Safety Agency should complete a scientific and medical evaluation of Subpart Q and, where relevant, of Subpart O of Annex III. On the basis of the results of this evaluation, and in accordance with the procedure referred to in Article 12(2), the Commission should, if necessary, draw up and submit proposals without delay to amend the relevant technical provisions.

In the review of certain provisions referred to in Article 8a, the course towards further harmonisation of cabin crew training requirements hitherto adopted should be maintained, in order to facilitate the free movement of cabin crew personnel within the Community. In this context, the possibility of further harmonisation of cabin crew qualifications should be re-examined.’;

3)

the last recital shall be replaced by the following recital:

‘The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11);

4)

Article 1 is hereby amended as follows:

(a)

paragraph 1 shall be replaced by the following:

‘1.   This Regulation shall apply to the harmonisation of technical requirements and administrative procedures in the field of civil aviation safety related to the operation and maintenance of aircraft and persons and organisations involved in such tasks.’;

(b)

the following paragraphs shall be added:

‘3.   The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

4.   Application of this Regulation to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom shall inform the Council of such date of entry into operation.’;

5)

the following definition shall be added in Article 2:

‘(i)

“the Authority” in Annex III means the competent authority that has granted the air operator's certificate (AOC).’;

6)

Article 3 shall be replaced by the following:

‘Article 3

1.   Without prejudice to Article 11, the common technical requirements and administrative procedures applicable in the Community with regard to commercial transportation by aeroplane shall be those specified in Annex III.

2.   References made to Subpart M of Annex III or any of its provisions shall refer to Part-M of Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (12) or its relevant provisions.

7)

Article 4(1) shall be replaced by the following:

‘1.   With regard to the fields not covered by Annex III, common technical requirements and administrative procedures shall be adopted on the basis of Article 80(2) of the Treaty. The Commission shall, where appropriate and as soon as possible, submit suitable proposals in these fields.’;

8)

Article 6 shall be replaced by the following:

‘Article 6

Aircraft operated under an authorisation granted by a Member State in compliance with the common technical requirements and administrative procedures may be operated under the same conditions in other Member States, without further technical requirements or evaluation by those other Member States.’;

9)

Article 7 shall be replaced by the following:

‘Article 7

Member States shall recognise the certification granted pursuant to this Regulation by another Member State or by a body acting on its behalf, to bodies or persons placed under its jurisdiction and under its authority, who are concerned with the maintenance of products and the operation of aircraft.’;

10)

Article 8 shall be replaced by the following:

‘Article 8

1.   The provisions of Articles 3 to 7 shall not prevent a Member State from reacting immediately to a safety problem which involves a product, person or organisation subject to this Regulation.

If the safety problem results from an inadequate level of safety provided for by the common technical requirements and administrative procedures, or shortcomings in these requirements and procedures, the Member State shall immediately inform the Commission and the other Member States of the measures taken and the reasons therefor.

The Commission shall decide, in accordance with the procedure referred to in Article 12(2), whether an inadequate level of safety or a shortcoming in the common technical requirements and administrative procedures justifies the continued application of the measures adopted pursuant to the first subparagraph of this paragraph. In such a case, the Commission shall also take the necessary steps to amend the common technical requirements and administrative procedures concerned in accordance with Article 4 or Article 11. If the Member State's measures are found not to be justified, it shall revoke the measures in question.

2.   A Member State may grant exemptions from the technical requirements and administrative procedures specified by this Regulation in the case of unforeseen urgent operational circumstances or operational needs of a limited duration.

The Commission and the other Member States shall be informed of any exemptions granted repeatedly or for a period of more than two months.

When the Commission and other Member States are informed of exemptions granted by a Member State in accordance with the second subparagraph, the Commission shall examine whether the exemptions comply with the safety objectives of this Regulation or any other relevant rule of Community legislation.

If the Commission finds that the exemptions granted do not comply with the safety objectives of this Regulation or any other relevant rule of Community legislation, it shall decide on safeguard measures in accordance with the procedure referred to in Article 12a.

In such a case, the Member State concerned shall revoke the exemption.

3.   In cases where a safety level equivalent to that attained by the application of the common technical requirements and administrative procedures set out in Annex III can be achieved by other means, Member States may, without discrimination on grounds of the nationality of the applicants and having regard to the need not to distort competition, grant approval derogating from these provisions.

In such cases the Member State concerned shall notify the Commission of its intention to grant such approval, the reasons therefor and the conditions laid down in order to ensure that an equivalent level of safety is achieved.

The Commission shall, within a period of three months following notification by a Member State, initiate the procedure referred to in Article 12(2) in order to decide whether the proposed approval of the measure can be granted.

In such a case, the Commission shall notify its decision to all Member States, which shall be entitled to apply that measure. The relevant provisions of Annex III may also be amended to reflect such a measure.

Articles 6 and 7 shall apply to the measure in question.

4.   Notwithstanding the provisions of paragraphs 1, 2 and 3, a Member State may adopt or maintain provisions relating to OPS 1.1105 point 6, OPS 1.1110 points 1.3 and 1.4.1, OPS 1.1115, and OPS 1.1125 point 2.1 of Subpart Q in Annex III until Community rules based on scientific knowledge and best practices are established.

A Member State shall inform the Commission of the provisions that it decides to maintain.

For national provisions derogating from the OPS 1 provisions referred to in the first subparagraph, which Member States intend to adopt after the date of application of Annex III, the Commission shall, within a period of three months following the notification by a Member State, initiate the procedure referred to in Article 12(2) in order to decide whether these provisions comply with the safety objectives of this Regulation and other rules of Community law, and if they may be made applicable.

If so, the Commission shall notify its decision to approve the measure to all Member States, which shall be entitled to apply the measure. The relevant provisions of Annex III may also be amended to reflect such a measure.

Articles 6 and 7 shall apply to the measure in question.’;

11)

the following Article shall be inserted:

‘Article 8a

1.   By 16 January 2009, the European Aviation Safety Agency shall conclude a scientific and medical evaluation of the provisions of Subpart Q and, where relevant, of Subpart O of Annex III.

2.   Without prejudice to Article 7 of Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (13), the European Aviation Safety Agency shall assist the Commission in the preparation of proposals for the modification of the applicable technical provisions of Subpart O and Subpart Q of Annex III.

12)

Article 11(1) shall be replaced by the following:

‘1.   The Commission, following the procedure referred to in Article 12(2), shall make the amendments necessitated by scientific and technical progress to the common technical requirements and administrative procedures listed in Annex III.’;

13)

Article 12 shall be replaced by the following:

‘Article 12

1.   The Commission shall be assisted by the Air Safety Committee, hereinafter referred to as the Committee.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its Rules of Procedure.’

14)

the following Article shall be inserted:

‘Article 12a

Where reference is made to this Article, the safeguard procedure laid down in Article 6 of Decision 1999/468/EC shall apply.

Before adopting its decision, the Commission shall consult the Committee.

The period provided for in Article 6(b) of Decision 1999/468/EC shall be set at three months.

When a Commission decision is referred to the Council by a Member State, the Council, acting by a qualified majority, may take a different decision within a period of three months.’;

15)

the text appearing in the Annex to this Regulation shall be added as Annex III.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Without prejudice to the provisions of Article 11 of Regulation (EEC) No 3922/91, Annex III shall apply with effect from 16 July 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 12 December 2006

For the European Parliament

The President

Josep BORRELL FONTELLES

For the Council

The President

Mauri PEKKARINEN


(1)  OJ C 14, 16.1.2001, p. 33.

(2)  Opinion of the European Parliament of 3 September 2002 (OJ C 272 E, 13.11.2003, p. 103), Council Common Position of 9 March 2006 (OJ C 179 E, 1.8.2006, p. 1), Position of the European Parliament of 5 July 2006 (not yet published in the Official Journal) and Council Decision of 23 October 2006.

(3)  OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1592/2002 (OJ L 240, 7.9.2002, p. 1).

(4)  OJ L 240, 24.8.1992, p. 1.

(5)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(6)  OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).

(7)  OJ L 243, 27.9.2003, p. 6. Regulation as amended by Regulation (EC) No 706/2006 (OJ L 122, 9.5.2006, p. 16).

(8)  OJ L 315, 28.11.2003, p. 1. Regulation as amended by Regulation (EC) No 707/2006 (OJ L 122, 9.5.2006, p. 17).

(9)  Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (OJ L 302, 1.12.2000, p. 57).

(10)  OJ L 143, 30.4.2004, p. 76. Directive as amended by Regulation (EC) No 2111/2005 (OJ L 344, 27.12.2005, p. 15).

(11)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).’

(12)  OJ L 315, 28.11.2003, p. 1.’;

(13)  OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).’;


ANNEX

‘ANNEX III

COMMON TECHNICAL REQUIREMENTS AND ADMINISTRATIVE PROCEDURES APPLICABLE TO COMMERCIAL TRANSPORTATION BY AIRCRAFT

OPS 1: COMMERCIAL AIR TRANSPORTATION (AEROPLANES)

CONTENTS

SUBPART A

Applicability and definitions

SUBPART B

General

SUBPART C

Operator certification and supervision

SUBPART D

Operational procedures

SUBPART E

All-weather operations

SUBPART F

Performance general

SUBPART G

Performance Class A

SUBPART H

Performance Class B

SUBPART I

Performance Class C

SUBPART J

Mass and balance

SUBPART K

Instruments and equipment

SUBPART L

Communication and navigation equipment

SUBPART M

Aeroplane maintenance

SUBPART N

Flight crew

SUBPART O

Cabin crew

SUBPART P

Manuals, logs and records

SUBPART Q

Flight and duty time limitations and rest requirements

SUBPART R

Transport of dangerous goods by air

SUBPART S

Security

SUBPART A

APPLICABILITY AND DEFINITIONS

OPS 1.001

Applicability

OPS Part 1 prescribes requirements applicable to the operation of any civil aeroplane for the purpose of commercial air transportation by any operator whose principal place of business and, if any, registered office is in a Member State, hereafter called operator. OPS 1 does not apply:

(1)

to aeroplanes when used in military, customs and police services; nor

(2)

to parachute-dropping and fire-fighting flights, and to associated positioning and return flights in which the persons carried are those who would normally be carried on parachute dropping or fire-fighting; nor

(3)

to flights immediately before, during, or immediately after an aerial work activity provided these flights are connected with that aerial work activity and in which, excluding crew members, no more than 6 persons indispensable to the aerial work activity are carried.

OPS 1.003

Definitions

(a)

For the purpose of this Annex:

(1)

“accepted/acceptable” means not objected to by the Authority as suitable for the purpose intended.

(2)

“approved (by the Authority)” means documented (by the Authority) as suitable for the purpose intended.

(3)

“master minimum equipment list (MMEL)” means a master list (including a preamble) appropriate to an aircraft type which determines those instruments, items of equipment or functions that, while maintaining the level of safety intended in the applicable airworthiness certification specifications, may temporarily be inoperative either due to the inherent redundancy of the design, and/or due to specified operational and maintenance procedures, conditions and limitations, and in accordance with the applicable procedures for continued airworthiness.

(4)

“minimum equipment list (MEL)” means a list (including a preamble) which provides for the operation of aircraft, under specified conditions, with particular instruments, items of equipment or functions inoperative at the commencement of flight. This list is prepared by the operator for his own particular aircraft taking account of their aircraft definition and the relevant operational and maintenance conditions in accordance with a procedure approved by the Authority.

(b)

Part M and Part 145 as referred to in this Annex are those of Regulation (EC) No 2042/2003 of 20 November 2003.

SUBPART B

GENERAL

OPS 1.005

General

(a)

An operator shall not operate an aeroplane for the purpose of commercial air transportation other than in accordance with OPS Part 1. For operations of Performance Class B aeroplanes, alleviated requirements can be found in Appendix 1 to OPS 1.005(a).

(b)

An operator shall comply with the applicable retroactive airworthiness requirements for aeroplanes operated for the purpose of commercial air transportation.

(c)

Each aeroplane shall be operated in compliance with the terms of its certificate of airworthiness and within the approved limitations contained in its aeroplane flight manual.

(d)

All synthetic training devices (STD), such as flight simulators or flight training devices (FTD), replacing an aeroplane for training and/or checking purposes are to be qualified in accordance with the requirements applicable to synthetic training devices. An operator intending to use such STD must obtain approval from the Authority.

OPS 1.020

Laws, regulations and procedures — operator's responsibilities

An operator must ensure that:

(1)

all employees are made aware that they shall comply with the laws, regulations and procedures of those States in which operations are conducted and which are pertinent to the performance of their duties; and

(2)

all crew members are familiar with the laws, regulations and procedures pertinent to the performance of their duties.

OPS 1.025

Common language

(a)

An operator must ensure that all crew members can communicate in a common language.

(b)

An operator must ensure that all operations personnel are able to understand the language in which those parts of the operations manual which pertain to their duties and responsibilities are written.

OPS 1.030

Minimum equipment lists — operator's responsibilities

(a)

An operator shall establish, for each aeroplane, a minimum equipment list (MEL) approved by the Authority. This shall be based upon, but no less restrictive than, the relevant master minimum equipment list (MMEL) (if this exists) accepted by the Authority.

(b)

An operator shall not operate an aeroplane other than in accordance with the MEL unless permitted by the Authority. Any such permission will in no circumstances permit operation outside the constraints of the MMEL.

OPS 1.035

Quality system

(a)

An operator shall establish one quality system and designate one quality manager to monitor compliance with, and adequacy of, procedures required to ensure safe operational practices and airworthy aeroplanes. Compliance monitoring must include a feed-back system to the accountable manager (See also OPS 1.175(h)) to ensure corrective action as necessary.

(b)

The quality system must include a quality assurance programme that contains procedures designed to verify that all operations are being conducted in accordance with all applicable requirements, standards and procedures.

(c)

The quality system and the quality manager must be acceptable to the Authority.

(d)

The quality system must be described in relevant documentation.

(e)

Notwithstanding subparagraph (a), the Authority may accept the nomination of two quality managers, one for operations and one for maintenance provided that the operator has designated one quality management unit to ensure that the quality system is applied uniformly throughout the entire operation.

OPS 1.037

Accident prevention and flight safety programme

(a)

An operator shall establish and maintain an accident prevention and flight safety programme, which may be integrated with the quality system, including:

(1)

programmes to achieve and maintain risk awareness by all persons involved in operations; and

(2)

an occurrence-reporting scheme to enable the collation and assessment of relevant incident and accident reports in order to identify adverse trends or to address deficiencies in the interests of flight safety. The scheme shall protect the identity of the reporter and include the possibility that reports may be submitted anonymously; and

(3)

evaluation of relevant information relating to accidents and incidents and the promulgation of related information, but not the attribution of blame; and

(4)

a flight data monitoring programme for those aeroplanes in excess of 27 000 kg MCTOM. flight data monitoring (FDM) is the pro-active use of digital flight data from routine operations to improve aviation safety. The flight data monitoring programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data; and

(5)

the appointment of a person accountable for managing the programme.

(b)

Proposals for corrective action resulting from the accident prevention and flight safety programme shall be the responsibility of the person accountable for managing the programme.

(c)

The effectiveness of changes resulting from proposals for corrective action identified by the accident and flight safety programme shall be monitored by the quality manager.

OPS 1.040

Crew members

(a)

An operator shall ensure that all operating flight and cabin crew members have been trained in, and are proficient to perform, their assigned duties.

(b)

Where there are crew members, other than cabin crew members, who carry out their duties in the passenger compartment of an aeroplane, an operator shall ensure that these

(1)

are not confused by the passengers with the cabin crew members;

(2)

do not occupy required cabin crew assigned stations;

(3)

do not impede the cabin crew members in their duties.

OPS 1.050

Search and rescue information

An operator shall ensure that essential information pertinent to the intended flight concerning search and rescue services is easily accessible on the flight deck.

OPS 1.055

Information on emergency and survival equipment carried

An operator shall ensure that there are available for immediate communication to rescue coordination centres, lists containing information on the emergency and survival equipment carried on board all of his aeroplanes. The information shall include, as applicable, the number, colour and type of life-rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of emergency portable radio equipment.

OPS 1.060

Ditching

An operator shall not operate an aeroplane with an approved passenger seating configuration of more than 30 passengers on overwater flights at a distance from land suitable for making an emergency landing, greater than 120 minutes at cruising speed, or 400 nautical miles, whichever is the lesser, unless the aeroplane complies with the ditching requirements prescribed in the applicable airworthiness code.

OPS 1.065

Carriage of weapons of war and munitions of war

(a)

An operator shall not transport weapons of war and munitions of war by air unless an approval to do so has been granted by all States concerned.

(b)

An operator shall ensure that weapons of war and munitions of war are:

(1)

stowed in the aeroplane in a place which is inaccessible to passengers during flight; and

(2)

in the case of firearms, unloaded, unless, before the commencement of the flight, approval has been granted by all States concerned that such weapons of war and munitions of war may be carried in circumstances that differ in part or in total from those indicated in this subparagraph.

(c)

An operator shall ensure that the commander is notified before a flight begins of the details and location on board the aeroplane of any weapons of war and munitions of war intended to be carried.

OPS 1.070

Carriage of sporting weapons and ammunition

(a)

An operator shall take all reasonable measures to ensure that any sporting weapons intended to be carried by air are reported to him.

(b)

An operator accepting the carriage of sporting weapons shall ensure that they are:

(1)

stowed in the aeroplane in a place which is inaccessible to passengers during flight unless the Authority has determined that compliance is impracticable and has accepted that other procedures might apply; and

(2)

in the case of firearms or other weapons that can contain ammunition, unloaded.

(c)

Ammunition for sporting weapons may be carried in passengers' checked baggage, subject to certain limitations, in accordance with the Technical Instructions (see OPS 1.1160(b)(5)) as defined in OPS 1.1150(a)(15).

OPS 1.075

Method of carriage of persons

An operator shall take all measures to ensure that no person is in any part of an aeroplane in flight which is not a part designed for the accommodation of persons unless temporary access has been granted by the commander to any part of the aeroplane:

(1)

for the purpose of taking action necessary for the safety of the aeroplane or of any person, animal or goods therein; or

(2)

in which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aeroplane is in flight.

OPS 1.080

Offering dangerous goods for transport by air

An operator shall take all reasonable measures to ensure that no person offers or accepts dangerous goods for transport by air unless the person has been trained and the goods are properly classified, documented, certificated, described, packaged, marked, labelled and in a fit condition for transport as required by the technical instructions and relevant Community legislation.

OPS 1.085

Crew responsibilities

(a)

A crew member shall be responsible for the proper execution of his/her duties that:

(1)

are related to the safety of the aeroplane and its occupants; and

(2)

are specified in the instructions and procedures laid down in the operations manual.

(b)

A crew member shall:

(1)

report to the commander any fault, failure, malfunction or defect which he/she believes may affect the airworthiness or safe operation of the aeroplane including emergency systems.

(2)

report to the commander any incident that endangered, or could have endangered, the safety of operation;

(3)

make use of the operator's occurrence reporting schemes in accordance with OPS 1.037(a)(2). In all such cases, a copy of the report(s) shall be communicated to the commander concerned.

(c)

Nothing in paragraph (b) shall oblige a crew member to report an occurrence which has already been reported by another crew member.

(d)

A crew member shall not perform duties on an aeroplane:

(1)

while under the influence of any drug that may affect his/her faculties in a manner contrary to safety;

(2)

following deep-sea diving except when a reasonable time period has elapsed;

(3)

following blood donation except when a reasonable time period has elapsed;

(4)

if applicable medical requirements are not fulfilled, or if he/she is in any doubt of being able to accomplish his/her assigned duties; or

(5)

if he/she knows or suspects that he/she is suffering from fatigue, or feels unfit to the extent that the flight may be endangered.

(e)

A crew member shall be subject to appropriate requirements on the consumption of alcohol which shall be established by the operator and acceptable by the Authority, and which shall not be less restrictive than the following:

(1)

no alcohol shall be consumed less than eight hours prior to the specified reporting time for flight duty or the commencement of standby;

(2)

the blood alcohol level shall not exceed 0,2 promille at the start of a flight duty period;

(3)

no alcohol shall be consumed during the flight duty period or whilst on standby.

(f)

The commander shall:

(1)

be responsible for the safety of all crew members, passengers and cargo on board, as soon as he/she arrives on board, until he/she leaves the aeroplane at the end of the flight;

(2)

be responsible for the operation and safety of the aeroplane from the moment the aeroplane is first ready to move for the purpose of taxiing prior to take-off until the moment it finally comes to rest at the end of the flight and the engine(s) used as primary propulsion units are shut down;

(3)

have authority to give all commands he/she deems necessary for the purpose of securing the safety of the aeroplane and of persons or property carried therein;

(4)

have authority to disembark any person, or any part of the cargo, which, in his/her opinion, may represent a potential hazard to the safety of the aeroplane or its occupants;

(5)

not allow a person to be carried in the aeroplane who appears to be under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered;

(6)

have the right to refuse transportation of inadmissible passengers, deportees or persons in custody if their carriage poses any risk to the safety of the aeroplane or its occupants;

(7)

ensure that all passengers are briefed on the location of emergency exits and the location and use of relevant safety and emergency equipment;

(8)

ensure that all operational procedures and check lists are complied with in accordance with the operations manual;

(9)

not permit any crew member to perform any activity during take-off, initial climb, final approach and landing except those duties required for the safe operation of the aeroplane;

(10)

not permit:

(i)

a flight data recorder to be disabled, switched off or erased during flight nor permit recorded data to be erased after flight in the event of an accident or an incident subject to mandatory reporting;

(ii)

a cockpit voice recorder to be disabled or switched off during flight unless he/she believes that the recorded data, which otherwise would be erased automatically, should be preserved for incident or accident investigation nor permit recorded data to be manually erased during or after flight in the event of an accident or an incident subject to mandatory reporting;

(11)

decide whether or not to accept an aeroplane with unserviceabilities allowed by the CDL or MEL; and

(12)

ensure that the pre-flight inspection has been carried out.

(g)

The commander shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety.

OPS 1.090

Authority of the commander

An operator shall take all reasonable measures to ensure that all persons carried in the aeroplane obey all lawful commands given by the commander for the purpose of securing the safety of the aeroplane and of persons or property carried therein.

OPS 1.095

Authority to taxi an aeroplane

An operator shall take all reasonable steps to ensure that an aeroplane in his charge is not taxied on the movement area of an aerodrome by a person other than a flight crew member, unless that person, seated at the controls:

(1)

has been duly authorised by the operator or a designated agent and is competent to;

(i)

taxi the aeroplane;

(ii)

use the radio telephone; and

(2)

has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control signals and instructions, phraseology and procedures, and is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.

OPS 1.100

Admission to flight deck

(a)

An operator must ensure that no person, other than a flight crew member assigned to a flight, is admitted to, or carried in, the flight deck unless that person is:

(1)

an operating crew member;

(2)

a representative of the Authority responsible for certification, licensing or inspection if this is required for the performance of his/her official duties; or

(3)

permitted by, and carried in accordance with instructions contained in the operations manual.

(b)

The commander shall ensure that:

(1)

in the interests of safety, admission to the flight deck does not cause distraction and/or interfere with the flight's operation; and

(2)

all persons carried on the flight deck are made familiar with the relevant safety procedures.

(c)

The final decision regarding the admission to the flight deck shall be the responsibility of the commander.

OPS 1.105

Unauthorised carriage

An operator shall take all reasonable measures to ensure that no person secretes himself/herself or secretes cargo on board an aeroplane.

OPS 1.110

Portable electronic devices

An operator shall not permit any person to use, and take all reasonable measures to ensure that no person does use, on board an aeroplane a portable electronic device that can adversely affect the performance of the aeroplane's systems and equipment.

OPS 1.115

Alcohol and drugs

An operator shall not permit any person to enter or be in, and take all reasonable measures to ensure that no person enters or is in, an aeroplane when under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered.

OPS 1.120

Endangering safety

An operator shall take all reasonable measures to ensure that no person recklessly or negligently acts or omits to act:

(1)

so as to endanger an aeroplane or person therein;

(2)

so as to cause or permit an aeroplane to endanger any person or property.

OPS 1.125

Documents to be carried

(a)

An operator shall ensure that the following documents or copies thereof are carried on each flight:

(1)

the certificate of registration;

(2)

the certificate of airworthiness;

(3)

the original or a copy of the noise certificate (if applicable), including an English translation, where one has been provided by the Authority responsible for issuing the noise certificate;

(4)

the original or a copy of the air operator certificate;

(5)

the aircraft radio licence; and

(6)

the original or a copy of the third party liability insurance certificate(s).

(b)

Each flight crew member shall, on each flight, carry a valid flight crew licence with appropriate rating(s) for the purpose of the flight.

OPS 1.130

Manuals to be carried

An operator shall ensure that:

(1)

the current parts of the operations manual relevant to the duties of the crew are carried on each flight;

(2)

those parts of the operations manual which are required for the conduct of a flight are easily accessible to the crew on board the aeroplane; and

(3)

the current aeroplane flight manual is carried in the aeroplane unless the Authority has accepted that the operations manual prescribed in OPS 1.1045, Appendix 1, Part B contains relevant information for that aeroplane.

OPS 1.135

Additional information and forms to be carried

(a)

An operator shall ensure that, in addition to the documents and manuals prescribed in OPS 1.125 and OPS 1.130, the following information and forms, relevant to the type and area of operation, are carried on each flight:

(1)

operational flight plan containing at least the information required in OPS 1.1060;

(2)

aeroplane technical log containing at least the information required in Part M, paragraph M. A. 306;

(3)

details of the filed ATS flight plan;

(4)

appropriate NOTAM/AIS briefing documentation;

(5)

appropriate meteorological information;

(6)

mass and balance documentation as specified in Subpart J;

(7)

notification of special categories of passenger such as security personnel, if not considered as crew, handicapped persons, inadmissible passengers, deportees and persons in custody;

(8)

notification of special loads including dangerous goods including written information to the commander as prescribed in OPS 1.1215(d);

(9)

current maps and charts and associated documents as prescribed in OPS 1.290(b)(7);

(10)

any other documentation which may be required by the States concerned with this flight, such as cargo manifest, passenger manifest, etc; and

(11)

forms to comply with the reporting requirements of the Authority and the operator.

(b)

The Authority may permit the information detailed in subparagraph (a), or parts thereof, to be presented in a form other than on printed paper. An acceptable standard of accessibility, usability and reliability must be assured.

OPS 1.140

Information retained on the ground

(a)

An operator shall ensure that:

at least for the duration of each flight or series of flights;

(i)

information relevant to the flight and appropriate for the type of operation is preserved on the ground; and

(ii)

the information is retained until it has been duplicated at the place at which it will be stored in accordance with OPS 1.1065; or, if this is impracticable,

(iii)

the same information is carried in a fireproof container in the aeroplane.

(b)

the information referred to in subparagraph (a) above includes:

(1)

a copy of the operational flight plan where appropriate;

(2)

copies of the relevant part(s) of the aeroplane technical log;

(3)

route-specific NOTAM documentation if specifically edited by the operator;

(4)

mass and balance documentation if required (OPS 1.625 refers); and

(5)

special loads notification.

OPS 1.145

Power to inspect

An operator shall ensure that any person authorised by the Authority is permitted at any time to board and fly in any aeroplane operated in accordance with an AOC issued by that Authority and to enter and remain on the flight deck provided that the commander may refuse access to the flight deck if, in his/her opinion, the safety of the aeroplane would thereby be endangered.

OPS 1.150

Production of documentation and records

(a)

An operator shall:

(1)

give any person authorised by the Authority access to any documents and records which are related to flight operations or maintenance; and

(2)

produce all such documents and records, when requested to do so by the Authority, within a reasonable period of time.

(b)

The commander shall, within a reasonable time of being requested to do so by a person authorised by an Authority, produce to that person the documentation required to be carried on board.

OPS 1.155

Preservation of documentation

An operator shall ensure that:

(1)

any original documentation, or copies thereof, that he is required to preserve is preserved for the required retention period even if he ceases to be the operator of the aeroplane; and

(2)

where a crew member, in respect of whom an operator has kept flight duty, duty and rest period records, becomes a crew member for another operator, that record is made available to the new operator.

OPS 1.160

Preservation, production and use of flight recorder recordings

(a)

Preservation of recordings

(1)

Following an accident, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that accident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority.

(2)

Unless prior permission has been granted by the Authority, following an incident that is subject to mandatory reporting, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that incident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority.

(3)

Additionally, when the Authority so directs, the operator of an aeroplane on which a flight recorder is carried shall preserve the original recorded data for a period of 60 days unless otherwise directed by the investigating authority.

(4)

When a flight data recorder is required to be carried aboard an aeroplane, the operator of that aeroplane shall:

(i)

save the recordings for the period of operating time as required by OPS 1.715, 1.720 and 1.725 except that, for the purpose of testing and maintaining flight data recorders, up to one hour of the oldest recorded material at the time of testing may be erased; and

(ii)

keep a document which presents the information necessary to retrieve and convert the stored data into engineering units.

(b)

Production of recordings

The operator of an aeroplane on which a flight recorder is carried shall, within a reasonable time after being requested to do so by the Authority, produce any recording made by a flight recorder which is available or has been preserved.

(c)

Use of recordings

(1)

The cockpit voice recorder recordings may not be used for purposes other than for the investigation of an accident or incident subject to mandatory reporting except with the consent of all crew members concerned.

(2)

The flight data recorder recordings may not be used for purposes other than for the investigation of an accident or incident subject to mandatory reporting except when such records are:

(i)

used by the operator for airworthiness or maintenance purposes only; or

(ii)

deidentified; or

(iii)

disclosed under secure procedures.

OPS 1.165

Leasing

(a)

Terminology

Terms used in this paragraph have the following meaning:

(1)

dry lease — is when the aeroplane is operated under the AOC of the lessee.

(2)

wet lease — is when the aeroplane is operated under the AOC of the lessor.

(b)

Leasing of aeroplanes between Community operators

(1)

Wet lease-out. A Community operator providing an aeroplane and complete crew to another Community operator, in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (1), and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.

(2)

All leases except wet lease-out

(i)

Except as provided by subparagraph (b)(1), a Community operator utilising an aeroplane from, or providing it to, another Community operator, must obtain prior approval for the operation from his respective Authority. Any conditions which are part of this approval must be included in the lease agreement.

(ii)

Those elements of lease agreements which are approved by the Authority, other than lease agreements in which an aeroplane and complete crew are involved and no transfer of functions and responsibilities is intended, are all to be regarded, with respect to the leased aeroplane, as variations of the AOC under which the flights will be operated.

(c)

Leasing of aeroplanes between a Community operator and any entity other than a Community operator:

(1)

Dry lease-in

(i)

A Community operator shall not dry lease-in an aeroplane from an entity other than another Community operator, unless approved by the Authority. Any conditions which are part of this approval must be included in the lease agreement.

(ii)

A Community operator shall ensure that, with regard to aeroplanes that are dry leased-in, any differences from the requirements prescribed in Subparts K, L, and/or OPS 1.005(b), are notified to and are acceptable to the Authority.

(2)

Wet lease-in

(i)

A Community operator shall not wet lease-in an aeroplane from an entity other than another Community operator without the approval of the Authority.

(ii)

A Community operator shall ensure that, with regard to aeroplanes that are wet leased-in:

(A)

the safety standards of the lessor with respect to maintenance and operation are equivalent to those established by the present Regulation;

(B)

the lessor is an operator holding an AOC issued by a State which is a signatory to the Chicago Convention:

(C)

the aeroplane has a standard certificate of airworthiness issued in accordance with ICAO Annex 8. Standard certificates of airworthiness issued by a Member State other than the State responsible for issuing the AOC, will be accepted without further showing when issued in accordance with Part 21; and

(D)

any requirement made applicable by the lessee's Authority is complied with.

(3)

Dry lease-out

A Community operator may dry lease-out an aeroplane for the purpose of commercial air transportation to any operator of a State which is signatory to the Chicago Convention provided that the following conditions are met:

(A)

the Authority exempted the operator from the relevant provisions of OPS Part 1 and, after the foreign regulatory authority has accepted responsibility in writing for surveillance of the maintenance and operation of the aeroplane(s), has removed the aeroplane from its AOC; and

(B)

the aeroplane is maintained according to an approved maintenance programme.

(4)

Wet lease-out

A Community operator providing an aeroplane and complete crew to another entity, in accordance with Regulation (EEC) No 2407/92, and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.

Appendix 1 to OPS 1.005(a)

Operations of performance class B aeroplanes

(a)

Terminology

(1)

A to A operations — take-off and landing are made at the same place.

(2)

A to B operations — take-off and landing are made at different places.

(3)

Night — the hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise, as may be prescribed by the appropriate authority.

(b)

Operations, to which this Appendix is applicable, may be conducted in accordance with the following alleviations.

(1)

OPS 1.035 quality system: in the case of a very small operator, the post of quality manager may be held by a nominated postholder if external auditors are used. This applies also where the accountable manager is holding one or several of the nominated posts.

(2)

Reserved

(3)

OPS 1.075 Methods of carriage of persons: not required for VFR operations of single engine aeroplanes.

(4)

OPS 1.100 Admission to the flight deck

(i)

An operator must establish rules for the carriage of passengers in a pilot seat.

(ii)

The commander must ensure that:

(A)

carriage of passengers in a pilot seat does not cause distraction and/or interference with the operation of the flight; and

(B)

the passenger occupying a pilot seat is made familiar with the relevant restrictions and safety procedures.

(5)

OPS 1.105 Unauthorised carriage: not required for VFR operations of single engine aeroplanes.

(6)

OPS 1.135 Additional information and forms to be carried

(i)

For A to A VFR operations of single engine aeroplanes by day, the following documents need not be carried:

(A)

operational flight plan;

(B)

aeroplane technical log;

(C)

NOTAM/AIS briefing documentation;

(D)

meteorological information;

(E)

notification of special categories of passengers, etc.; and

(F)

notification of special loads including dangerous goods, etc.

(ii)

For A to B VFR operations of single engine aeroplanes by day, notification of special categories of passengers as described in OPS 1.135(a)(7) does not need to be carried.

(iii)

For A to B VFR operations by day, the operational flight plan may be in a simplified form and must meet the needs of the type of operation.

(7)

OPS 1.215 Use of air traffic services: for VFR operations of single-engine aeroplanes by day, non-mandatory contact with ATS shall be maintained to the extent appropriate to the nature of the operation. Search and rescue services must be ensured in accordance with OPS 1.300.

(8)

OPS 1.225 Aerodrome operating minima: for VFR operations, the standard VFR operating minima will normally cover this requirement. Where necessary, the operator shall specify additional requirements taking into account such factors as radio coverage, terrain, nature of sites for take-off and landing, flight conditions and ATS capacity

(9)

OPS 1.235 Noise abatement procedures: not applicable to VFR operations of single engine aeroplanes.

(10)

OPS 1.240 Routes and areas of operation

Subparagraph (a)(1) is not applicable to A to A VFR operations of single-engine aeroplanes by day.

(11)

OPS 1.250 Establishment of minimum flight altitudes

For VFR operations by day, this requirement is applicable as follows. An operator shall ensure that operations are only conducted along such routes or within such areas for which a safe terrain clearance can be maintained and shall take account of such factors as temperature, terrain, unfavourable meteorological conditions (e.g. severe turbulence and descending air currents, corrections for temperature and pressure variations from standard values).

(12)

OPS 1.255 Fuel policy

(i)

For A to A flights — an operator shall specify the minimum fuel contents at which a flight must end. This minimum, final reserve fuel must not be less than the amount needed to fly for a period of 45 minutes.

(ii)

For A to B flights — an operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes:

(A)

taxi fuel — fuel consumed before take-off, if significant; and

(B)

trip fuel (fuel to reach the destination); and

(C)

reserve fuel —

(1)

contingency fuel —

fuel that is not less than 5 % of the planned trip fuel or, in the event of in-flight replanning, 5 % of the trip fuel for the remainder of the flight; and

(2)

final reserve fuel —

fuel to fly for an additional period of 45 minutes (piston engines) or 30 minutes (turbine engines); and

(D)

alternate fuel —

fuel to reach the destination alternate via the destination, if a destination alternate is required; and

(E)

extra fuel —

fuel that the commander may require in addition to that required under subparagraphs (A) to (D).

(13)

OPS 1.265 Carriage of inadmissible passengers, deportees or persons in custody: for VFR operations of single engine aeroplanes and where it is not intended to carry inadmissible passengers, deportees or persons in custody, an operator is not required to establish procedures for the carriage of such passengers.

(14)

OPS 1.280 Passenger seating: not applicable to VFR operations of single engine aeroplanes.

(15)

OPS 1.285 Passenger briefing: demonstration and briefing shall be given as appropriate to the kind of operations. In single pilot operations, the pilot may not be allocated tasks distracting him/her from his/her flying duties.

(16)

OPS 1.290 Flight preparation

(i)

Operational flight plan for A to A operations — not required.

(ii)

A to B operations under VFR by day — an operator shall ensure that a simplified form of an operational flight plan which is relevant to the type of operation is completed for each flight.

(17)

OPS 1.295 Selection of aerodromes:

Not applicable to VFR operations. The necessary instructions for the use of aerodromes and sites for take-off and landing are to be issued with reference to OPS 1.220.

(18)

OPS 1.310 Crew members at stations:

For VFR operations, instructions on this matter are required only where two pilot operations are conducted.

(19)

OPS 1.375 In-flight fuel management:

Appendix 1 to OPS 1.375 is not required to be applied to VFR operations of single engine aeroplanes by day.

(20)

OPS 1.405 Commencement and continuation of approach

Not applicable to VFR operations.

(21)

OPS 1.410 Operating procedures — threshold crossing height

Not applicable to VFR operations.

(22)

OPS 1.430 to 1.460, including appendices

Not applicable to VFR operations.

(23)

OPS 1.530 Take-off

(i)

Subparagraph (a) applies with the following addition. The Authority may, on a case-by-case basis, accept other performance data produced by the operator and based on demonstration and/or documented experience. Subparagraphs (b) and (c) apply with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the aeroplane flight manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

(ii)

An operator wishing to conduct operations according to subparagraph (i) must have the prior approval of the Authority issuing the AOC. Such an approval will:

(A)

specify the type of aeroplane;

(B)

specify the type of operation;

(C)

specify the aerodrome(s) and runways concerned;

(D)

restrict the take-off to be conducted under VMC;

(E)

specify the crew qualification, and

(F)

be limited to aeroplanes where the first type certificate was first issued before 1 January 2005.

(iii)

The operation must be accepted by the State in which the aerodrome is located.

(24)

OPS 1.535 Take-off obstacle clearance — multi-engined aeroplanes

(i)

Subparagraphs (a)(3), (a)(4), (a)(5), (b)(2), (c)(1), (c)(2) and the Appendix are not applicable to VFR operations by day.

(ii)

For IFR or VFR operations by day, subparagraphs (b) and (c) apply with the following variations.

(A)

Visual course guidance is considered available when the flight visibility is 1 500 m or more

(B)

The maximum corridor width required is 300 m when flight visibility is 1 500 m or more.

(25)

OPS 1.545 Landing — destination and alternate aerodromes:

(i)

The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the aeroplane flight manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

(ii)

An operator wishing to conduct operations according to subparagraph (I) must have prior approval of the Authority issuing the AOC. Such an approval will:

(A)

specify the type of aeroplane;

(B)

specify the type of operation;

(C)

specify the aerodrome(s) and runways concerned;

(D)

restrict the final approach and landing to be conducted under VMC;

(E)

specify the crew qualification; and

(F)

be limited to aeroplanes where the type certificate was first issued before 1 January 2005.

(iii)

The operation must be accepted by the State in which the aerodrome is located.

(26)

OPS 1.550 Landing — dry runways

(i)

The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the aeroplane flight manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

(ii)

An operator wishing to conduct operations according to subparagraph (i) must have prior approval of the Authority issuing the AOC. Such an approval will:

(A)

specify the type of aeroplane;

(B)

specify the type of operation;

(C)

specify the aerodrome(s) and runways concerned;

(D)

restrict the final approach and landing to be conducted under VMC;

(E)

specify the crew qualification; and

(F)

be limited to aeroplanes where the first type certificate was issued before 1 January 2005.

(iii)

The operation must be accepted by the State in which the aerodrome is located.

(27)

Reserved

(28)

OPS 1.650 Day VFR operations

Paragraph 1.650 is applicable with the following addition. Single-engine aeroplanes, first issued with an individual certificate of airworthiness before 22 May 1995, may be exempted from the requirements of subparagraphs (f), (g), (h) and (i) by the Authority if the fulfilment would require retrofitting.

(29)

Part M, paragraph M.A.704, Continuing airworthiness management exposition

The continuing airworthiness management exposition may be adapted to the operation to be conducted.

(30)

Part M, paragraph M. A. 306, Aeroplane technical log

The Authority may approve an abbreviated form of technical log system, relevant to the type of operation conducted.

(31)

OPS 1.940 Composition of flight crew

Subparagraphs (a)(2), (a)(4), and (b) are not applicable to VFR operations by day, except that (a)(4) must be applied in full where two pilots are required by OPS 1.

(32)

OPS 1.945 Conversion training and checking

(i)

Subparagraph (a)(7) — line flying under supervision (LIFUS) may be performed on any aeroplane within the applicable class. The amount of LIFUS required is dependent on the complexity of the operations to be performed.

(ii)

Subparagraph (a)(8) is not required.

(33)

OPS 1.955 Nomination as commander

Subparagraph (b) applies as follows. The Authority may accept an abbreviated command course relevant to the type of operation conducted.

(34)

OPS 1.960 Commanders holding a commercial pilot licence

Subparagraph (a)(1)(i) is not applicable to VFR operations by day.

(35)

OPS 1.965 Recurrent training and checking

(i)

Subparagraph (a)(1) shall be applied as follows for VFR operations by day. All training and checking shall be relevant to the type of operation and class of aeroplane on which the flight crew member operates with due account taken of any specialised equipment used.

(ii)

Subparagraph (a)(3(ii) applies as follows. Training in the aeroplane may be conducted by a class rating examiner (CRE), a flight examiner (FE) or a type rating examiner (TRE).

(iii)

Subparagraph (a)(4)(i) applies as follows. Operator proficiency check may be conducted by a type rating examiner (TRE), class rating examiner (CRE) or by a suitably qualified commander nominated by the operator and acceptable to the Authority, trained in CRM concepts and the assessment of CRM skills.

(iv)

Subparagraph (b)(2) shall be applicable as follows for VFR operations by day. In those cases where the operations are conducted during seasons not longer than eight consecutive months, one operator proficiency check is sufficient. This proficiency check must be undertaken before commencing commercial air transport operations.

(36)

OPS 1.968 Pilot qualification for either pilot's seat

Appendix 1 is not applicable to VFR operations of single engine aeroplanes by day.

(37)

OPS 1.975 Route and aerodrome competence

(i)

For VFR operations by day, subparagraphs (b), (c) and (d) are not applicable, except that the operator shall ensure that in the cases where a special approval by the state of the aerodrome is required, the associated requirements are observed.

(ii)

For IFR operations or VFR operations by night, as an alternative to subparagraphs (b) to (d), route and aerodrome competence may be revalidated as follows:

(A)

except for operations to the most demanding aerodromes, by completion of at least 10 sectors within the area of operation during the preceding 12 months in addition to any required self briefing;

(B)

operations to the most demanding aerodromes may be performed only if:

(1)

the commander has been qualified at the aerodrome within the preceding 36 months by a visit as an operating flight crew member or as an observer;

(2)

the approach is performed in VMC from the applicable minimum sector altitude; and

(3)

an adequate self briefing has been made prior to the flight.

(38)

OPS 1.980 More than one type or variant

(i)

Not applicable if operations are limited to single pilot classes of piston engine aeroplanes under VFR by day.

(ii)

For IFR and VFR night operations, the requirement in Appendix 1 to OPS 1.980 subparagraph (d)(2)(i) for 500 hours in the relevant crew position before exercising the privileges of two licence endorsements is reduced to 100 hours or sectors if one of the endorsements is related to a class. A check flight must be completed before the pilot is released for duties as Commander.

(39)

OPS 1.981 Operation of helicopters and aeroplanes

Subparagraph (a)(1) is not applicable if operations are limited to single pilot classes of piston engine aeroplanes.

(40)

Reserved

(41)

OPS 1.1060 Operational flight plan

Not required for A to A VFR/day operations. For A to B VFR/day operations the requirement is applicable but the flight plan may be in a simplified form relevant to the kind of operations conducted. (cf. OPS 1.135).

(42)

OPS 1.1070 Continuing airworthiness management exposition

The continuing airworthiness management exposition may be adapted to the operation to be conducted.

(43)

OPS 1.1071 Aeroplane technical log

Applicable as indicated for Part M, paragraph M. A. 306.

(44)

Reserved

(45)

Reserved

(46)

OPS 1.1240 Training programmes

The training programmes shall be adapted to the kind of operations performed. A self-study training programme may be acceptable for VFR operations.

(47)

OPS 1.1250 Aeroplane search procedure checklist

Not applicable for VFR operations by day.

Appendix 1 to OPS 1.125.

Documents to be carried:

see OPS 1.125.

In case of loss or theft of documents specified in OPS 1.125, the operation is allowed to continue until the flight reaches the base or a place where a replacement document can be provided.

SUBPART C

OPERATOR CERTIFICATION AND SUPERVISION

OPS 1.175

General rules for air operator certification

Note 1: Appendix 1 to this paragraph specifies the contents and conditions of the AOC.

Note 2: Appendix 2 to this paragraph specifies the management and organisation requirements.

(a)

An operator shall not operate an aeroplane for the purpose of commercial air transportation otherwise than under, and in accordance with, the terms and conditions of an air operator certificate (AOC).

(b)

An applicant for an AOC, or variation of an AOC, shall allow the Authority to examine all safety aspects of the proposed operation.

(c)

An applicant for an AOC must:

(1)

not hold an AOC issued by another Authority unless specifically approved by the Authorities concerned;

(2)

have his principal place of business and, if any, his registered office located in the State responsible for issuing the AOC;

(3)

satisfy the Authority that he is able to conduct safe operations.

(d)

If an operator has aeroplanes registered in different Member States, appropriate arrangements shall be made to ensure appropriate safety oversight.

(e)

An operator shall grant the Authority access to his organisation and aeroplanes and shall ensure that, with respect to maintenance, access is granted to any associated Part–145 maintenance organisation, to determine continued compliance with OPS 1.

(f)

An AOC will be varied, suspended or revoked if the Authority is no longer satisfied that the operator can maintain safe operations.

(g)

The operator must satisfy the Authority that:

(1)

its organisation and management are suitable and properly matched to the scale and scope of the operation; and

(2)

procedures for the supervision of operations have been defined.

(h)

The operator must have nominated an accountable manager acceptable to the Authority who has corporate authority for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the Authority.

(i)

The operator must have nominated post holders, acceptable to the Authority, who are responsible for the management and supervision of the following areas:

(1)

flight operations;

(2)

the maintenance system;

(3)

crew training; and

(4)

ground operations.

(j)

A person may hold more than one of the nominated posts if acceptable to the Authority but, for operators who employ 21 or more full time staff, a minimum of two persons are required to cover the four areas of responsibility.

(k)

For operators who employ 20 or less full-time staff, one or more of the nominated posts may be filled by the accountable manager if acceptable to the Authority.

(l)

The operator must ensure that every flight is conducted in accordance with the provisions of the operations manual.

(m)

The operator must arrange appropriate ground handling facilities to ensure the safe handling of its flights.

(n)

The operator must ensure that its aeroplanes are equipped and its crews are qualified, as required for the area and type of operation.

(o)

The operator must comply with the maintenance requirements, in accordance with Part M, for all aeroplanes operated under the terms of its AOC.

(p)

The operator must provide the Authority with a copy of the operations manual, as specified in Subpart P and all amendments or revisions to it.

(q)

The operator must maintain operational support facilities at the main operating base, appropriate for the area and type of operation.

OPS 1.180

Issue, variation and continued validity of an AOC

(a)

An operator will not be granted an AOC, or a variation to an AOC, and that AOC will not remain valid unless:

(1)

aeroplanes operated have a standard certificate of airworthiness issued in accordance with Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (2) by a Member State. Standard certificates of airworthiness issued by a Member State other than the State responsible for issuing the AOC will be accepted without further showing when issued in accordance with Part 21;

(2)

the maintenance system has been approved by the Authority in accordance with Part M, Subpart G; and

(3)

he has satisfied the Authority that he has the ability to:

(i)

establish and maintain an adequate organisation;

(ii)

establish and maintain a quality system in accordance with OPS 1.035;

(iii)

comply with required training programmes;

(iv)

comply with maintenance requirements, consistent with the nature and extent of the operations specified, including the relevant items prescribed in OPS 1.175(g) to (o); and

(v)

comply with OPS 1.175.

(b)

Notwithstanding the provisions of OPS 1.185(f), the operator must notify the Authority as soon as practicable of any changes to the information submitted in accordance with OPS 1.185(a) below.

(c)

If the Authority is not satisfied that the requirements of subparagraph (a) above have been met, the Authority may require the conduct of one or more demonstration flights, operated as if they were commercial air transport flights.

OPS 1.185

Administrative requirements

(a)

An operator shall ensure that the following information is included in the initial application for an AOC and, when applicable, any variation or renewal applied for:

(1)

the official name and business name, address and mailing address of the applicant;

(2)

a description of the proposed operation;

(3)

a description of the management organisation;

(4)

the name of the accountable manager;

(5)

the names of major post holders, including those responsible for flight operations, the maintenance system, crew training and ground operations together with their qualifications and experience; and

(6)

the operations manual.

(b)

In respect of the operator's maintenance system only, the following information must be included in the initial application for an AOC and, when applicable, any variation or renewal applied for, and for each aeroplane type to be operated:

(1)

the operator's continuing airworthiness management exposition;

(2)

the operator's aeroplane maintenance programme(s);

(3)

the aeroplane technical log;

(4)

where appropriate, the technical specification(s) of the maintenance contract(s) between the operator and any Part–145 approved maintenance organisation;

(5)

the number of aeroplanes.

(c)

The application for an initial issue of an AOC must be submitted at least 90 days before the date of intended operation except that the operations manual may be submitted later but not less than 60 days before the date of intended operation.

(d)

The application for the variation of an AOC must be submitted at least 30 days, or as otherwise agreed, before the date of intended operation.

(e)

The application for the renewal of an AOC must be submitted at least 30 days, or as otherwise agreed, before the end of the existing period of validity.

(f)

Other than in exceptional circumstances, the Authority must be given at least 10 days prior notice of a proposed change of a nominated post holder.

Appendix 1 to OPS 1.175

Contents and conditions of the air operator certificate

An AOC specifies the:

(a)

name and location (principal place of business) of the operator;

(b)

date of issue and period of validity;

(c)

description of the type of operations authorised;

(d)

type(s) of aeroplane(s) authorised for use;

(e)

registration markings of the authorised aeroplane(s) except that operators may obtain approval for a system to inform the Authority about the registration markings for aeroplanes operated under its AOC;

(f)

authorised areas of operation;

(g)

special limitations; and

(h)

special authorisations/approvals e.g.:

CAT II/CAT III (including approved minima)

(MNPS) Minimum navigation performance specifications

(ETOPS) Extended range operation twin-Engined aeroplanes

(RNAV) Area navigation

(RVSM) Reduced vertical separation minima

Transportation of dangerous goods.

Authorisation to provide cabin crew initial safety training and, if applicable, to issue the attestation provided for in Subpart O, for those operators who provide such training directly or indirectly.

Appendix 2 to OPS 1.175

The management and organisation of an AOC holder

(a)

General

An operator must have a sound and effective management structure in order to ensure the safe conduct of air operations. Nominated post holders must have managerial competency together with appropriate technical/operational qualifications in aviation.

(b)

Nominated post holders

(1)

A description of the functions and the responsibilities of the nominated post holders, including their names, must be contained in the operations manual and the Authority must be given notice in writing of any intended or actual change in appointments or functions.

(2)

The operator must make arrangements to ensure continuity of supervision in the absence of nominated post holders.

(3)

A person nominated as a post holder by the holder of an AOC must not be nominated as a post holder by the holder of any other AOC, unless acceptable to the Authorities concerned.

(4)

Persons nominated as post holders must be contracted to work sufficient hours to fulfil the management functions associated with the scale and scope of the operation.

(c)

Adequacy and supervision of staff

(1)

Crew members. The operator must employ sufficient flight and cabin crew for the planned operation, trained and checked in accordance with Subpart N and Subpart O as appropriate.

(2)

Ground Staff

(i)

The number of ground staff is dependent upon the nature and the scale of operations. Operations and ground handling departments, in particular, must be staffed by trained personnel who have a thorough understanding of their responsibilities within the organisation.

(ii)

An operator contracting other organisations to provide certain services retains responsibility for the maintenance of proper standards. In such circumstances, a nominated post holder must be given the task of ensuring that any contractor employed meets the required standards.

(3)

Supervision

(i)

The number of supervisors to be appointed is dependent upon the structure of the operator and the number of staff employed.

(ii)

The duties and responsibilities of these supervisors must be defined, and any flying commitments arranged so that they can discharge their supervisory responsibilities.

(iii)

The supervision of crew members and ground staff must be exercised by individuals possessing experience and personal qualities sufficient to ensure the attainment of the standards specified in the operations manual.

(d)

Accommodation facilities

(1)

An operator must ensure that working space available at each operating base is sufficient for personnel pertaining to the safety of flight operations. Consideration must be given to the needs of ground staff, those concerned with operational control, the storage and display of essential records, and flight planning by crews.

(2)

Office services must be capable, without delay, of distributing operational instructions and other information to all concerned.

(e)

Documentation

The operator must make arrangements for the production of manuals, amendments and other documentation.

SUBPART D

OPERATIONAL PROCEDURES

OPS 1.195

Operational control

An operator shall:

(a)

establish and maintain a method of exercising operational control approved by the Authority; and

(b)

exercise operational control over any flight operated under the terms of his AOC.

OPS 1.200

Operations manual

An operator shall provide an operations manual in accordance with Subpart P for the use and guidance of operations personnel.

OPS 1.205

Competence of operations personnel

An operator shall ensure that all personnel assigned to, or directly involved in, ground and flight operations are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole.

OPS 1.210

Establishment of procedures

(a)

An operator shall establish procedures and instructions, for each aeroplane type, containing ground staff and crew members' duties for all types of operation on the ground and in flight.

(b)

An operator shall establish a check-list system to be used by crew members for all phases of operation of the aeroplane under normal, abnormal and emergency conditions as applicable, to ensure that the operating procedures in the operations manual are followed.

(c)

An operator shall not require a crew member to perform any activities during critical phases of the flight other than those required for the safe operation of the aeroplane.

OPS 1.215

Use of air traffic services

An operator shall ensure that air traffic services are used for all flights whenever available.

OPS 1.216

In-flight operational instructions

An operator shall ensure that his in-flight operational instructions involving a change to the air traffic flight plan shall, when practicable, be coordinated with the appropriate air traffic service unit before transmission to an aeroplane.

OPS 1.220

Authorisation of aerodromes by the operator

An operator shall only authorise use of aerodromes that are adequate for the type(s) of aeroplane and operation(s) concerned.

OPS 1.225

Aerodrome operating minima

(a)

An operator shall specify aerodrome operating minima, established in accordance with OPS 1.430 for each departure, destination or alternate aerodrome authorised to be used in accordance with OPS 1.220.

(b)

Any increment imposed by the Authority must be added to the minima specified in accordance with subparagraph (a) above.

(c)

The minima for a specific type of approach and landing procedure are considered applicable if:

(1)

the ground equipment shown on the respective chart required for the intended procedure is operative;

(2)

the aeroplane systems required for the type of approach are operative;

(3)

the required aeroplane performance criteria are met; and

(4)

crew is qualified accordingly.

OPS 1.230

Instrument departure and approach procedures

(a)

An operator shall ensure that instrument departure and approach procedures established by the State in which the aerodrome is located are used.

(b)

Notwithstanding subparagraph (a), a commander may accept an ATC clearance to deviate from a published departure or arrival route, provided obstacle clearance criteria are observed and full account is taken of the operating conditions. The final approach must be flown visually or in accordance with the established instrument approach procedure.

(c)

Different procedures to those required to be used in accordance with subparagraph (a) may only be implemented by an operator provided they have been approved by the State in which the aerodrome is located, if required, and accepted by the Authority.

OPS 1.235

Noise abatement procedures

(a)

An operator shall establish operating procedures for noise abatement during instrument flight operations in compliance with ICAO PANS OPS Volume 1 (Doc 8168–OPS/611).

(b)

Take-off climb procedures for noise abatement specified by an operator for any one aeroplane type should be the same for all aerodromes.

OPS 1.240

Routes and areas of operation

(a)

An operator shall ensure that operations are only conducted along such routes or within such areas, for which:

(1)

ground facilities and services, including meteorological services, are provided which are adequate for the planned operation;

(2)

the performance of the aeroplane intended to be used is adequate to comply with minimum flight altitude requirements;

(3)

the equipment of the aeroplane intended to be used meets the minimum requirements for the planned operation;

(4)

appropriate maps and charts are available (OPS 1.135(a)(9) refers);

(5)

if two-engined aeroplanes are used, adequate aerodromes are available within the time/distance limitations of OPS 1.245;

(6)

if single-engine aeroplanes are used, surfaces are available which permit a safe forced landing to be executed.

(b)

An operator shall ensure that operations are conducted in accordance with any restriction on the routes or the areas of operation, imposed by the Authority.

OPS 1.241

Operation in defined airspace with reduced vertical separation minima (RVSM)

An operator shall not operate an aeroplane in defined portions of airspace where, based on regional air navigation agreement, a vertical separation minimum of 300 m (1 000 ft) applies unless approved to do so by the Authority (RVSM approval) (see also OPS 1.872).

OPS 1.243

Operation in areas with specific navigation performance requirements

An operator shall not operate an aeroplane in defined areas, or a defined portion of specified airspace, based on regional air navigation agreements where minimum navigation performance specifications are prescribed unless approved to do so by the Authority (MNPS/RNP/RNAV approval) (see also OPS 1.865 (c)(2) and OPS 1.870).

OPS 1.245

Maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval

(a)

Unless specifically approved by the Authority in accordance with OPS 1.246(a) (ETOPS approval), an operator shall not operate a two-engined aeroplane over a route which contains a point further from an adequate aerodrome than, in the case of:

(1)

performance Class A aeroplanes with either:

(i)

a maximum approved passenger seating configuration of 20 or more; or

(ii)

a maximum take-off mass of 45 360 kg or more,

the distance flown in 60 minutes at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b);

(2)

performance Class A aeroplanes with:

(i)

a maximum approved passenger seating configuration of 19 or less; and

(ii)

a maximum take-off mass less than 45 360 kg, the distance flown in 120 minutes or, if approved by the Authority, up to 180 minutes for turbo-jet aeroplanes, at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b);

(3)

performance Class B or C aeroplanes:

(i)

the distance flown in 120 minutes at the one-engine-inoperative cruise speed determined in accordance with subparagraph (b); or

(ii)

300 nautical miles, whichever is less.

(b)

An operator shall determine a speed for the calculation of the maximum distance to an adequate aerodrome for each two-engined aeroplane type or variant operated, not exceeding VMO, based upon the true airspeed that the aeroplane can maintain with one-engine-inoperative under the following conditions:

(1)

international standard atmosphere (ISA);

(2)

level flight:

(i)

for turbo-jet aeroplanes at:

(A)

FL 170; or

(B)

at the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM, whichever is less;

(ii)

for propeller driven aeroplanes at:

(A)

FL 80; or

(B)

at the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the AFM, whichever is less.

(3)

maximum continuous thrust or power on the remaining operating engine;

(4)

an aeroplane mass not less than that resulting from:

(i)

take-off at sea-level at maximum take-off mass; and

(ii)

all engines climb to the optimum long range cruise altitude; and

(iii)

all engines cruise at the long range cruise speed at this altitude, until the time elapsed since take-off is equal to the applicable threshold prescribed in subparagraph (a).

(c)

An operator must ensure that the following data, specific to each type or variant, is included in the operations manual:

(1)

the one-engine-inoperative cruise speed determined in accordance with subparagraph (b); and

(2)

the maximum distance from an adequate aerodrome determined in accordance with subparagraphs (a) and (b).

Note: The speeds and altitudes (flight levels) specified above are only intended to be used for establishing the maximum distance from an adequate aerodrome.

OPS 1.246

Extended range operations with two-engined aeroplanes (ETOPS)

(a)

An operator shall not conduct operations beyond the threshold distance determined in accordance with OPS 1.245 unless approved to do so by the Authority (ETOPS approval).

(b)

Prior to conducting an ETOPS flight, an operator shall ensure that a suitable ETOPS en-route alternate is available, within either the approved diversion time, or a diversion time based on the MEL generated serviceability status of the aeroplane, whichever is shorter (see also OPS 1.297(d)).

OPS 1.250

Establishment of minimum flight altitudes

(a)

An operator shall establish minimum flight altitudes and the methods to determine those altitudes for all route segments to be flown which provide the required terrain clearance taking into account the requirements of Subparts F to I.

(b)

Every method for establishing minimum flight altitudes must be approved by the Authority.

(c)

Where minimum flight altitudes established by States overflown are higher than those established by the operator, the higher values shall apply.

(d)

An operator shall take into account the following factors when establishing minimum flight altitudes:

(1)

the accuracy with which the position of the aeroplane can be determined;

(2)

the probable inaccuracies in the indications of the altimeters used;

(3)

the characteristics of the terrain (e.g. sudden changes in the elevation) along the routes or in the areas where operations are to be conducted;

(4)

the probability of encountering unfavourable meteorological conditions (e.g. severe turbulence and descending air currents); and

(5)

possible inaccuracies in aeronautical charts.

(e)

In fulfilling the requirements prescribed in subparagraph (d) above due consideration shall be given to:

(1)

corrections for temperature and pressure variations from standard values;

(2)

the ATC requirements; and

(3)

any foreseeable contingencies along the planned route.

OPS 1.255

Fuel policy

(a)

An operator must establish a fuel policy for the purpose of flight planning and in-flight replanning to ensure that every flight carries sufficient fuel for the planned operation and reserves to cover deviations from the planned operation.

(b)

An operator shall ensure that the planning of flights is at least based upon (1) and (2):

(1)

procedures contained in the operations manual and data derived from:

(i)

data provided by the aeroplane manufacturer; or

(ii)

current aeroplane specific data derived from a fuel consumption monitoring system;

(2)

the operating conditions under which the flight is to be conducted including:

(i)

realistic aeroplane fuel consumption data;

(ii)

anticipated masses;

(iii)

expected meteorological conditions; and

(iv)

air traffic services procedures and restrictions.

(c)

An operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes:

(1)

taxi fuel;

(2)

trip fuel;

(3)

reserve fuel consisting of:

(i)

contingency fuel;

(ii)

alternate fuel, if a destination alternate is required. (This does not preclude selection of the departure aerodrome as the destination alternate);

(iii)

final reserve fuel; and

(iv)

additional fuel, if required by the type of operation (e.g. ETOPS); and

(4)

extra fuel if required by the commander.

(d)

An operator shall ensure that in-flight replanning procedures for calculating usable fuel required when a flight has to proceed along a route or to a destination other than originally planned includes:

(1)

trip fuel for the remainder of the flight;

(2)

reserve fuel consisting of:

(i)

contingency fuel;

(ii)

alternate fuel, if a destination alternate is required (This does not preclude selection of the departure aerodrome as the destination alternate);

(iii)

final reserve fuel; and

(iv)

additional fuel, if required by the type of operation (e.g. ETOPS); and

(3)

extra fuel if required by the commander.

OPS 1.260

Carriage of persons with reduced mobility

(a)

An operator shall establish procedures for the carriage of persons with reduced mobility (PRMs).

(b)

An operator shall ensure that PRMs are not allocated, nor occupy, seats where their presence could:

(1)

impede the crew in their duties;

(2)

obstruct access to emergency equipment; or

(3)

impede the emergency evacuation of the aeroplane.

(c)

The commander must be notified when PRMs are to be carried on board.

OPS 1.265

Carriage of inadmissible passengers, deportees or persons in custody

An operator shall establish procedures for the transportation of inadmissible passengers, deportees or persons in custody to ensure the safety of the aeroplane and its occupants. The commander must be notified when the abovementioned persons are to be carried on board.

OPS 1.270

Stowage of baggage and cargo

(See Appendix 1 to OPS 1.270)

(a)

An operator shall establish procedures to ensure that only such hand baggage is taken into the passenger cabin as can be adequately and securely stowed.

(b)

An operator shall establish procedures to ensure that all baggage and cargo on board, which might cause injury or damage, or obstruct aisles and exits if displaced, is placed in stowages designed to prevent movement.

OPS 1.275

Intentionally blank

OPS 1.280

Passenger seating

An operator shall establish procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they may best assist and not hinder evacuation from the aeroplane.

OPS 1.285

Passenger briefing

An operator shall ensure that:

(a)

general

(1)

passengers are given a verbal briefing about safety matters. Parts or all of the briefing may be provided by an audio-visual presentation;

(2)

passengers are provided with a safety briefing card on which picture type instructions indicate the operation of emergency equipment and exits likely to be used by passengers;

(b)

before take-off

(1)

passengers are briefed on the following items if applicable:

(i)

smoking regulations;

(ii)

back of the seat to be in the upright position and tray table stowed;

(iii)

location of emergency exits;

(iv)

location and use of floor proximity escape path markings;

(v)

stowage of hand baggage;

(vi)

restrictions on the use of portable electronic devices; and

(vii)

the location and the contents of the safety briefing card; and,

(2)

passengers receive a demonstration of the following:

(i)

the use of safety belts and/or safety harnesses, including how to fasten and unfasten the safety belts and/or safety harnesses;

(ii)

the location and use of oxygen equipment if required (OPS 1.770 and OPS 1.775 refer). Passengers must also be briefed to extinguish all smoking materials when oxygen is being used; and

(iii)

the location and use of life jackets if required (OPS 1.825 refers);

(c)

after take-off

(1)

passengers are reminded of the following if applicable:

(i)

smoking regulations; and

(ii)

use of safety belts and/or safety harnesses including the safety benefits of having safety belts fastened when seated irrespective of seat belt sign illumination;

(d)

before landing

(1)

passengers are reminded of the following if applicable:

(i)

smoking regulations;

(ii)

use of safety belts and/or safety harnesses;

(iii)

back of the seat to be in the upright position and tray table stowed;

(iv)

re-stowage of hand baggage; and

(v)

restrictions on the use of portable electronic devices;

(e)

after landing

(1)

passengers are reminded of the following:

(i)

smoking regulations; and

(ii)

use of safety belts and/or safety harnesses;

(f)

in an emergency during flight, passengers are instructed in such emergency action as may be appropriate to the circumstances.

OPS 1.290

Flight preparation

(a)

An operator shall ensure that an operational flight plan is completed for each intended flight.

(b)

The commander shall not commence a flight unless he/she is satisfied that:

(1)

the aeroplane is airworthy;

(2)

the aeroplane is not operated contrary to the provision of the configuration deviation list (CDL);

(3)

the instruments and equipment required for the flight to be conducted, in accordance with Subparts K and L, are available;

(4)

the instruments and equipment are in operable condition except as provided in the MEL;

(5)

those parts of the operations manual which are required for the conduct of the flight are available;

(6)

the documents, additional information and forms required to be available by OPS 1.125 and OPS 1.135 are on board;

(7)

current maps, charts and associated documentation or equivalent data are available to cover the intended operation of the aeroplane including any diversion which may reasonably be expected. This shall include any conversion tables necessary to support operations where metric heights, altitudes and flight levels must be used;

(8)

ground facilities and services required for the planned flight are available and adequate;

(9)

the provisions specified in the operations manual in respect of fuel, oil and oxygen requirements, minimum safe altitudes, aerodrome operating minima and availability of alternate aerodromes, where required, can be complied with for the planned flight;

(10)

the load is properly distributed and safely secured;

(11)

the mass of the aeroplane, at the commencement of take-off roll, will be such that the flight can be conducted in compliance with Subparts F to I as applicable; and

(12)

any operational limitation in addition to those covered by subparagraphs (9) and (11) can be complied with.

OPS 1.295

Selection of aerodromes

(a)

An operator shall establish procedures for the selection of destination and/or alternate aerodromes in accordance with OPS 1.220 when planning a flight.

(b)

An operator must select and specify in the operational flight plan a take-off alternate if it would not be possible to return to the aerodrome of departure for meteorological or performance reasons. The take-off alternate shall be located within:

(1)

for two-engined aeroplanes, either:

(i)

one hour flight time at a one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass; or

(ii)

the operator's approved ETOPS diversion time, subject to any MEL restriction, up to a maximum of two hours, at the one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass for aeroplanes and crews authorised for ETOPS; or

(2)

two hours flight time at a one-engine-inoperative cruising speed according to the AFM in still air standard conditions based on the actual take-off mass for three and four-engined aeroplanes; and

(3)

if the AFM does not contain a one-engine-inoperative cruising speed, the speed to be used for calculation must be that which is achieved with the remaining engine(s) set at maximum continuous power.

(c)

An operator must select at least one destination alternate for each IFR flight unless:

(1)

both:

(i)

the duration of the planned flight from take-off to landing does not exceed six hours; and

(ii)

two separate runways are available and useable at the destination and the appropriate weather reports or forecasts for the destination aerodrome, or any combination thereof, indicate that for the period from one hour before until one hour after the expected time of arrival at destination, the ceiling will be at least 2 000 ft or circling height +500 ft, whichever is greater, and the visibility will be at least 5 km;

or

(2)

the destination is isolated and no adequate destination alternate exists.

(d)

An operator must select two destination alternates when:

(1)

the appropriate weather reports or forecasts for the destination, or any combination thereof, indicate that during a period commencing one hour before and ending one hour after the estimated time of arrival, the weather conditions will be below the applicable planning minima; or

(2)

no meteorological information is available.

(e)

An operator shall specify any required alternate(s) in the operational flight plan.

OPS 1.297

Planning minima for IFR flights

(a)

Planning minima for take-off alternates. An operator shall not select an aerodrome as a take-off alternate aerodrome unless the appropriate weather reports or forecasts or any combination thereof indicate that, during a period commencing one hour before and ending one hour after the estimated time of arrival at the aerodrome, the weather conditions will be at or above the applicable landing minima specified in accordance with OPS 1.225. The ceiling must be taken into account when the only approaches available are non-precision and/or circling approaches. Any limitation related to one-engine-inoperative operations must be taken into account.

(b)

Planning minima for destination and destination alternate aerodromes. An operator shall only select the destination aerodrome and/or destination alternate aerodrome(s) when the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing one hour before and ending one hour after the estimated time of arrival at the aerodrome, the weather conditions will be at or above the applicable planning minima as follows:

(1)

planning minima for a destination aerodrome except isolated destination aerodromes:

(i)

RVR/visibility specified in accordance with OPS 1.225; and

(ii)

for a non-precision approach or a circling approach, the ceiling at or above MDH; and

(2)

planning minima for destination alternate aerodrome(s) and isolated destination aerodromes will be in accordance with Table 1 below:

Table 1

Planning minima — En-route and destination alternates — Isolated destination aerodromes

Type of approach

Planning Minima

Cat II and III

Cat I (Note 1)

Cat I

Non-precision (Notes 1 & 2)

Non-precision

Non-precision (Notes 1 & 2) plus 200 ft/1 000 m

Circling

Circling (Notes 2 and 3)

Note 1:

RVR.

Note 2:

The ceiling must be at or above the MDH.

Note 3:

Visibility

(c)

Planning minima for an en-route alternate aerodrome. An operator shall not select an aerodrome as an en-route alternate aerodrome unless the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing one hour before and ending one hour after the expected time of arrival at the aerodrome, the weather conditions will be at or above the planning minima in accordance with Table 1.

(d)

Planning minima for an ETOPS en-route alternate. An operator shall not select an aerodrome as an ETOPS en-route alternate aerodrome unless the appropriate weather reports or forecasts, or any combination thereof, indicate that, during a period commencing one hour before and ending one hour after the expected time of arrival at the aerodrome, the weather conditions will be at or above the planning minima prescribed in Table 2, and in accordance with the operator's ETOPS approval.

Table 2

Planning minima — ETOPS

Type of Approach

Planning Minima

(RVR/visibility required and ceiling if applicable)

Aerodrome with

 

at least two separate approach procedures based on two separate aids serving two separate runways.

at least two separate approach procedures based on two separate aids serving one runway

or,

at least one approach procedure based on one aid serving 1 runway

Precision Approach Cat II,III (ILS, MLS)

Precision Approach Cat I Minima

Non-Precision Approach Minima

Precision Approach Cat I (ILS, MLS)

Non-Precision Approach Minima

Circling Minima or if not available, Non-Precision Approach minima plus 200 ft/1000 m

Non-precision Approach

The lower of Non-Precision Approach minima plus 200 ft/1 000 m or circling minima

The higher of circling minima or Non-Precision Approach minima plus 200 ft/1 000 m

Circling Approach

Circling minima

OPS 1.300

Submission of ATS Flight Plan

An operator shall ensure that a flight is not commenced unless an ATS flight plan has been submitted, or adequate information has been deposited in order to permit alerting services to be activated if required.

OPS 1.305

Refuelling/defuelling with passengers embarking, on board or disembarking

(See Appendix 1 to OPS 1.305)

An operator shall ensure that no aeroplane is refuelled/defuelled with Avgas or wide cut type fuel (e.g. Jet-B or equivalent) or when a mixture of these types of fuel might occur, when passengers are embarking, on board or disembarking. In all other cases necessary precautions must be taken and the aeroplane must be properly manned by qualified personnel ready to initiate and direct an evacuation of the aeroplane by the most practical and expeditious means available.

OPS 1.307

Refuelling/defuelling with wide-cut fuel

An operator shall establish procedures for refuelling/defuelling with wide-cut fuel (e.g. Jet-B or equivalent) if this is required.

OPS 1.308

Push back and towing

(a)

The operator shall ensure that all push back and towing procedures comply with appropriate aviation standards and procedures.

(b)

The operator shall ensure that pre- or post-taxi positioning of the aeroplanes is not executed by towbarless towing unless:

(1)

an aeroplane is protected by its own design from damage to the nose wheel steering system due to towbarless towing operation, or

(2)

a system/procedure is provided to alert the flight crew that such damage may have or has occurred, or

(3)

the towbarless towing vehicle is designed to prevent damage to the aeroplane type.

OPS 1.310

Crew members at stations

(a)

Flight crew members

(1)

During take-off and landing each flight crew member required to be on flight deck duty shall be at his/her station.

(2)

During all other phases of flight each flight crew member required to be on flight deck duty shall remain at his/her station unless his/her absence is necessary for the performance of his/her duties in connection with the operation, or for physiological needs provided at least one suitably qualified pilot remains at the controls of the aeroplane at all times.

(3)

During all phases of flight each flight crew member required to be on flight deck duty shall remain alert. If a lack of alertness is encountered, appropriate countermeasures shall be used. If unexpected fatigue is experienced a controlled rest procedure, organised by the commander, can be used if workload permits. Controlled rest taken in this way may never be considered to be part of a rest period for purposes of calculating flight time limitations nor used to justify any duty period.

(b)

Cabin crew members. On all the decks of the aeroplane that are occupied by passengers, required cabin crew members shall be seated at their assigned stations during critical phases of flight.

OPS 1.315

Assisting means for emergency evacuation

An operator shall establish procedures to ensure that before taxiing, take-off and landing, and when safe and practicable to do so, an assisting means for emergency evacuation that deploys automatically, is armed.

OPS 1.320

Seats, safety belts and harnesses

(a)

Crew members

(1)

During take-off and landing, and whenever deemed necessary by the commander in the interest of safety, each crew member shall be properly secured by all safety belts and harnesses provided.

(2)

During other phases of the flight each flight crew member on the flight deck shall keep his/her safety belt fastened while at his/her station.

(b)

Passengers

(1)

Before take-off and landing, and during taxiing, and whenever deemed necessary in the interest of safety, the commander shall ensure that each passenger on board occupies a seat or berth with his/her safety belt, or harness where provided, properly secured.

(2)

An operator shall make provision for, and the commander shall ensure that multiple occupancy of aeroplane seats may only be allowed on specified seats and does not occur other than by one adult and one infant who is properly secured by a supplementary loop belt or other restraint device.

OPS 1.325

Securing of passenger cabin and galley(s)

(a)

An operator shall establish procedures to ensure that before taxiing, take-off and landing all exits and escape paths are unobstructed.

(b)

The commander shall ensure that before take-off and landing, and whenever deemed necessary in the interest of safety, all equipment and baggage is properly secured.

OPS 1.330

Accessibility of emergency equipment

The commander shall ensure that relevant emergency equipment remains easily accessible for immediate use.

OPS 1.335

Smoking on board

(a)

The commander shall ensure that no person on board is allowed to smoke:

(1)

whenever deemed necessary in the interest of safety;

(2)

while the aeroplane is on the ground unless specifically permitted in accordance with procedures defined in the operations manual;

(3)

outside designated smoking areas, in the aisle(s) and in the toilet(s);

(4)

in cargo compartments and/or other areas where cargo is carried which is not stored in flame resistant containers or covered by flame resistant canvas; and

(5)

in those areas of the cabin where oxygen is being supplied.

OPS 1.340

Meteorological conditions

(a)

On an IFR flight a commander shall not:

(1)

commence take-off; nor

(2)

continue beyond the point from which a revised flight plan applies in the event of in-flight replanning, unless information is available indicating that the expected weather conditions at the destination and/or required alternate aerodrome(s) prescribed in OPS 1.295 are at or above the planning minima, prescribed in OPS 1.297.

(b)

On an IFR flight a commander shall not continue beyond:

(1)

the decision point when using the decision point procedure; or

(2)

the predetermined point when using the predetermined point procedure, unless information is available indicating that the expected weather conditions at the destination and/or required alternate aerodrome(s) prescribed in OPS 1.295 are at or above the applicable aerodrome operating minima prescribed in OPS 1.225.

(c)

On an IFR flight, a commander shall not continue towards the planned destination aerodrome unless the latest information available indicates that, at the expected time of arrival, the weather conditions at the destination, or at least one destination alternate aerodrome, are at or above the planning applicable aerodrome operating minima.

(d)

On a VFR flight a commander shall not commence take-off unless current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions along the route or that part of the route to be flown under VFR will, at the appropriate time, be such as to render compliance with these rules possible.

OPS 1.345

Ice and other contaminants — ground procedures

(a)

An operator shall establish procedures to be followed when ground de-icing and anti-icing and related inspections of the aeroplane(s) are necessary.

(b)

A commander shall not commence take-off unless the external surfaces are clear of any deposit which might adversely affect the performance and/or controllability of the aeroplane except as permitted in the aeroplane flight manual.

OPS 1.346

Ice and other contaminants — flight procedures

(a)

An operator shall establish procedures for flights in expected or actual icing conditions.

(b)

A commander shall not commence a flight nor intentionally fly into expected or actual icing conditions unless the aeroplane is certificated and equipped to cope with such conditions.

OPS 1.350

Fuel and oil supply

A commander shall not commence a flight unless he/she is satisfied that the aeroplane carries at least the planned amount of fuel and oil to complete the flight safely, taking into account the expected operating conditions.

OPS 1.355

Take-off conditions

Before commencing take-off, a commander must satisfy himself/herself that, according to the information available to him/her, the weather at the aerodrome and the condition of the runway intended to be used should not prevent a safe take-off and departure.

OPS 1.360

Application of take-off minima

Before commencing take-off, a commander must satisfy himself/herself that the RVR or visibility in the take-off direction of the aeroplane is equal to or better than the applicable minimum.

OPS 1.365

Minimum flight altitudes

The commander or the pilot to whom conduct of the flight has been delegated shall not fly below specified minimum altitudes except when necessary for take-off or landing.

OPS 1.370

Simulated abnormal situations in flight

An operator shall establish procedures to ensure that abnormal or emergency situations requiring the application of part or all of abnormal or emergency procedures and simulation of IMC by artificial means are not simulated during commercial air transportation flights.

OPS 1.375

In-flight fuel management

(See Appendix 1 to OPS 1.375)

(a)

An operator shall establish a procedure to ensure that in-flight fuel checks and fuel management are carried out.

(b)

A commander shall ensure that the amount of usable fuel remaining in flight is not less than the fuel required to proceed to an aerodrome where a safe landing can be made, with final reserve fuel remaining.

(c)

The commander shall declare an emergency when calculated usable fuel on landing is less than final reserve fuel.

OPS 1.380

Intentionally blank

OPS 1.385

Use of supplemental oxygen

A commander shall ensure that flight crew members engaged in performing duties essential to the safe operation of an aeroplane in flight use supplemental oxygen continuously whenever cabin altitude exceeds 10 000 ft for a period in excess of 30 minutes and whenever the cabin altitude exceeds 13 000 ft.

OPS 1.390

Cosmic radiation

(a)

An operator shall take account of the in-flight exposure to cosmic radiation of all crew members while on duty (including positioning) and shall take the following measures for those crew liable to be subject to exposure of more than 1 mSv per year;

(1)

assess their exposure;

(2)

take into account the assessed exposure when organising working schedules with a view to reduce the doses of highly exposed crew members;

(3)

inform the crew members concerned of the health risks their work involves;

(4)

ensure that the working schedules for female crew members, once they have notified the operator that they are pregnant, keep the equivalent dose to the foetus as low as can reasonably be achieved and in any case ensure that the dose does not exceed 1 mSv for the remainder of the pregnancy;

(5)

ensure that individual records are kept for those crew members who are liable to high exposure. These exposures are to be notified to the individual on an annual basis, and also upon leaving the operator.

(b)

(1)

An operator shall not operate an aeroplane above 15 000m (49 000 ft) unless the equipment specified in OPS 1.680 is serviceable, or the procedure prescribed in OPS 1.680 is complied with.

(2)

The commander or the pilot to whom conduct of the flight has been delegated shall initiate a descent as soon as practicable when the limit values of cosmic radiation dose rate specified in the operations manual are exceeded.

OPS 1.395

Ground proximity detection

When undue proximity to the ground is detected by any flight crew member or by a ground proximity warning system, the commander or the pilot to whom conduct of the flight has been delegated shall ensure that corrective action is initiated immediately to establish safe flight conditions.

OPS 1.398

Use of airborne collision avoidance system (ACAS)

An operator shall establish procedures to ensure that:

(a)

when ACAS is installed and serviceable, it shall be used in flight in a mode that enables resolution advisories (RA) to be produced unless to do so would not be appropriate for conditions existing at the time.

(b)

When undue proximity to another aircraft (RA) is detected by ACAS, the commander or the pilot to whom conduct of the flight has been delegated shall ensure that corrective action is initiated immediately to establish safe separation unless the intruder has been visually identified and has been determined not to be a threat.

OPS 1.400

Approach and landing conditions

Before commencing an approach to land, the commander must satisfy himself/herself that, according to the information available to him/her, the weather at the aerodrome and the condition of the runway intended to be used should not prevent a safe approach, landing or missed approach, having regard to the performance information contained in the operations manual.

OPS 1.405

Commencement and continuation of approach

(a)

The commander or the pilot to whom conduct of the flight has been delegated may commence an instrument approach regardless of the reported RVR/visibility but the approach shall not be continued beyond the outer marker, or equivalent position, if the reported RVR/visibility is less than the applicable minima.

(b)

Where RVR is not available, RVR values may be derived by converting the reported visibility in accordance with Appendix 1 to OPS 1.430(h).

(c)

If, after passing the outer marker or equivalent position in accordance with (a) above, the reported RVR/visibility falls below the applicable minimum, the approach may be continued to DA/H or MDA/H.

(d)

Where no outer marker or equivalent position exists, the commander or the pilot to whom conduct of the flight has been delegated shall make the decision to continue or abandon the approach before descending below 1 000 ft above the aerodrome on the final approach segment. If the MDA/H is at or above 1 000 ft above the aerodrome, the operator shall establish a height, for each approach procedure, below which the approach shall not be continued if RVR/visibility is less than applicable minima.

(e)

The approach may be continued below DA/H or MDA/H and the landing may be completed provided that the required visual reference is established at the DA/H or MDA/H and is maintained.

(f)

The touch-down zone RVR is always controlling. If reported and relevant, the mid point and stop end RVR are also controlling. The minimum RVR value for the mid-point is 125 m or the RVR required for the touch-down zone if less, and 75 m for the stop-end. For aeroplanes equipped with a roll-out guidance or control system, the minimum RVR value for the mid-point is 75 m.

Note:“Relevant”, in this context, means that part of the runway used during the high-speed phase of the landing down to a speed of approximately 60 knots.

OPS 1.410

Operating procedures — threshold crossing height

An operator must establish operational procedures designed to ensure that an aeroplane being used to conduct precision approaches crosses the threshold by a safe margin, with the aeroplane in the landing configuration and attitude.

OPS 1.415

Journey log

A commander shall ensure that the journey log is completed.

OPS 1.420

Occurrence reporting

(a)

Terminology

(1)

Incident. An occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation.

(2)

Serious incident. An incident involving circumstances indicating that an accident nearly occurred.

(3)

Accident. An occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all persons have disembarked, in which:

(i)

a person is fatally or seriously injured as a result of:

(A)

being in the aircraft;

(B)

direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or

(C)

direct exposure to jet blast; except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or

(ii)

the aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or

(iii)

the aircraft is missing or is completely inaccessible.

(b)

Incident reporting. An operator shall establish procedures for reporting incidents taking into account responsibilities described below and circumstances described in subparagraph (d).

(1)

OPS 1.085(b) specifies the responsibilities of crew members for reporting incidents that endangers, or could endanger, the safety of operation.

(2)

The commander or the operator of an aeroplane shall submit a report to the Authority of any incident that endangers or could endangers the safety of operation.

(3)

Reports must be despatched within 72 hours of the time when the incident was identified unless exceptional circumstances prevent this.

(4)

A commander shall ensure that all known or suspected technical defects and all exceedances of technical limitations occurring while he/she was responsible for the flight are recorded in the aircraft technical log. If the deficiency or exceedance of technical limitations endangers or could endanger the safety of operation, the commander must in addition initiate the submission of a report to the Authority in accordance with paragraph (b)(2).

(5)

In the case of incidents reported in accordance with subparagraph (b)(1), (b)(2) and (b)(3), arising from, or relating to, any failure, malfunction or defect in the aeroplane, its equipment or any item of ground support equipment or which cause or might cause adverse effects on the continuing airworthiness of the aeroplane, the operator must also inform the organisation responsible for the design or the supplier or, if applicable, the organisation responsible for continued airworthiness, at the same time as a report is submitted to the Authority.

(c)

Accident and serious incident reporting

An operator shall establish procedures for reporting accidents and serious incidents taking into account responsibilities described below and circumstances described in subparagraph (d).

(1)

A commander shall notify the operator of any accident or serious incident occurring while he/she was responsible for the flight. In the event that the commander is incapable of providing such notification, this task shall be undertaken by any other member of the crew if they are able to do so, note being taken of the succession of command specified by the operator.

(2)

An operator shall ensure that the Authority in the State of the operator, the nearest appropriate Authority (if not the Authority in the State of the operator), and any other organisation require by the State of the operator to be informed, are notified by the quickest means available of any accident or serious incident and, in the case of accidents only, at least before the aeroplane is moved unless exceptional circumstances prevent this.

(3)

The commander or the operator of an aeroplane shall submit a report to the authority in the State of the operator within 72 hours of the time when the accident or serious incident occurred.

(d)

Specific reports

Occurrences for which specific notification and reporting methods must be used are described below.

(1)

Air traffic incidents. A commander shall without delay notify the air traffic service unit concerned of the incident and shall inform them of his/her intention to submit an air traffic incident report after the flight has ended whenever an aircraft in flight has been endangered by:

(i)

a near collision with any other flying device;

(ii)

faulty air traffic procedures or lack of compliance with applicable procedures by air traffic services or by the flight crew;

(iii)

failure of air traffic services facilities.

In addition, the commander shall notify the Authority of the incident.

(2)

Airborne collision avoidance system resolution advisory. A commander shall notify the air traffic service unit concerned and submit an ACAS report to the Authority whenever an aircraft in flight has manoeuvred in response to an ACAS resolution advisory.

(3)

Bird hazards and strikes

(i)

A commander shall immediately inform the local air traffic service unit whenever a potential bird hazard is observed.

(ii)

If he/she is aware that a bird strike has occurred, a commander shall submit a written bird strike report after landing to the Authority whenever an aircraft for which he/she is responsible suffers a bird strike that results in significant damage to the aircraft or the loss or malfunction of any essential service. If the bird strike is discovered when the commander is not available, the operator is responsible for submitting the report.

(4)

In-flight emergencies with dangerous goods on board. If an in-flight emergency occurs and the situation permits, a commander shall inform the appropriate air traffic service unit of any dangerous goods on board. After the aircraft has landed, the commander shall, if the occurrence has been associated with and was related to the transport of dangerous goods, comply also with the reporting requirements specified in OPS 1.1225.

(5)

Unlawful interference. Following an act of unlawful interference on board an aircraft, the commander or, in his/her absence, the operator shall submit a report, as soon as practicable to the local Authority and to the Authority in the State of the operator (see also OPS 1.1245)

(6)

Encountering potential hazardous conditions. A commander shall notify the appropriate air traffic services unit as soon as practicable whenever a potentially hazardous condition such as an irregularity in a ground or navigational facility, a meteorological phenomenon or a volcanic ash cloud is encountered during flight.

OPS 1.425

Reserved

Appendix 1 to OPS 1.270

Stowage of baggage and cargo

Procedures established by an operator to ensure that hand baggage and cargo is adequately and securely stowed must take account of the following:

(1)

each item carried in a cabin must be stowed only in a location that is capable of restraining it;

(2)

mass limitations placarded on or adjacent to stowages must not be exceeded;

(3)

underseat stowages must not be used unless the seat is equipped with a restraint bar and the baggage is of such size that it may adequately be restrained by this equipment;

(4)

items must not be stowed in toilets or against bulkheads that are incapable of restraining articles against movement forwards, sideways or upwards and unless the bulkheads carry a placard specifying the greatest mass that may be placed there;

(5)

baggage and cargo placed in lockers must not be of such size that they prevent latched doors from being closed securely;

(6)

baggage and cargo must not be placed where it can impede access to emergency equipment; and

(7)

checks must be made before take-off, before landing, and whenever the fasten seat belts signs are illuminated or it is otherwise so ordered to ensure that baggage is stowed where it cannot impede evacuation from the aircraft or cause injury by falling (or other movement) as may be appropriate to the phase of flight.

Appendix 1 to OPS 1.305

Re/defuelling with passengers embarking, on board or disembarking

An operator must establish operational procedures for re/defuelling with passengers embarking, on board or disembarking to ensure the following precautions are taken:

(1)

one qualified person must remain at a specified location during fuelling operations with passengers on board. This qualified person must be capable of handling emergency procedures concerning fire protection and fire-fighting, handling communications and initiating and directing an evacuation;

(2)

a two-way communication shall be established and shall remain available by the aeroplane's inter-communication system or other suitable means between the ground crew supervising the refuelling and the qualified personnel on board the aeroplane;

(3)

crew, staff and passengers must be warned that re/defuelling will take place;

(4)

“Fasten seat belts” signs must be off;

(5)

“No smoking” signs must be on, together with interior lighting to enable emergency exits to be identified;

(6)

passengers must be instructed to unfasten their seat belts and refrain from smoking;

(7)

sufficient qualified personnel must be on board and be prepared for an immediate emergency evacuation;

(8)

if the presence of fuel vapour is detected inside the aeroplane, or any other hazard arises during re/defuelling, fuelling must be stopped immediately;

(9)

the ground area beneath the exits intended for emergency evacuation and slide deployment areas must be kept clear; and

(10)

provision is made for a safe and rapid evacuation.

Appendix 1 to OPS 1.375

In-flight fuel management

(a)

In-flight fuel checks

(1)

A commander must ensure that fuel checks are carried out in flight at regular intervals. The remaining fuel must be recorded and evaluated to:

(i)

compare actual consumption with planned consumption;

(ii)

check that the remaining fuel is sufficient to complete the flight; and

(iii)

determine the expected fuel remaining on arrival at the destination.

(2)

The relevant fuel data must be recorded.

(b)

In-flight fuel management.

(1)

If, as a result of an in-flight fuel check, the calculated fuel remaining on arrival at the destination is less than the required alternate fuel plus final reserve fuel, the commander must take into account the traffic and the operational conditions prevailing at the destination aerodrome, along the diversion route to an alternate aerodrome and at the destination alternate aerodrome, in order to decide to proceed to the destination aerodrome or to divert, so as to land with not less than final reserve fuel.

(2)

On a flight to an isolated aerodrome:

the last possible point of diversion to any available en-route alternate aerodrome shall be determined. Before reaching this point, the commander shall assess the fuel expected to remain overhead the isolated aerodrome, the weather conditions, and the traffic and operational conditions prevailing at the isolated aerodrome and at any of the en-route aerodromes before deciding whether to proceed to the isolated aerodrome or to divert to an en-route aerodrome.

SUBPART E

ALL WEATHER OPERATIONS

OPS 1.430

Aerodrome operating minima — general

(See Appendix 1 to OPS 1.430)

(a)

An operator shall establish, for each aerodrome planned to be used, aerodrome operating minima that are not lower than the values given in Appendix 1. The method of determination of such minima must be acceptable to the Authority. Such minima shall not be lower than any that may be established for such aerodromes by the State in which the aerodrome is located, except when specifically approved by that State.

Note: The above paragraph does not prohibit in-flight calculation of minima for a non-planned alternate aerodrome if carried out in accordance with an accepted method.

(b)

In establishing the aerodrome operating minima which will apply to any particular operation, an operator must take full account of:

(1)

the type, performance and handling characteristics of the aeroplane;

(2)

the composition of the flight crew, their competence and experience;

(3)

the dimensions and characteristics of the runways which may be selected for use;

(4)

the adequacy and performance of the available visual and non-visual ground aids;

(5)

the equipment available on the aeroplane for the purpose of navigation and/or control of the flight path, as appropriate, during the take-off, the approach, the flare, the landing, roll-out and the missed approach;

(6)

the obstacles in the approach, missed approach and the climb-out areas required for the execution of contingency procedures and necessary clearance;

(7)

the obstacle clearance altitude/height for the instrument approach procedures; and

(8)

the means to determine and report meteorological conditions.

(c)

The aeroplane categories referred to in this subpart must be derived in accordance with the method given in Appendix 2 to OPS 1.430 (c).

OPS 1.435

Terminology

Terms used in this subpart have the following meaning:

(1)

Circling. The visual phase of an instrument approach to bring an aircraft into position for landing on a runway which is not suitably located for a straight-in approach.

(2)

Low visibility procedures (LVP). Procedures applied at an aerodrome for the purpose of ensuring safe operations during Category II and III approaches and low visibility take-offs.

(3)

Low visibility take-off (LVTO). A take-off where the runway visual range (RVR) is less than 400 m.

(4)

Flight control system. A system which includes an automatic landing system and/or a hybrid landing system.

(5)

Fail-passive flight control system. A flight control system is fail-passive if, in the event of a failure, there is no significant out-of-trim condition or deviation of flight path or attitude but the landing is not completed automatically. For a fail-passive automatic flight control system the pilot assumes control of the aeroplane after a failure.

(6)

Fail-operational flight control system. A flight control system is fail-operational if, in the event of a failure below alert height, the approach, flare and landing, can be completed automatically. In the event of a failure, the automatic landing system will operate as a fail-passive system.

(7)

Fail-operational hybrid landing system A system which consists of a primary fail-passive automatic landing system and a secondary independent guidance system enabling the pilot to complete a landing manually after failure of the primary system.

Note: A typical secondary independent guidance system consists of a monitored head-up display providing guidance which normally takes the form of command information but it may alternatively be situation (or deviation) information.

(8)

Visual approach. An approach when either part or all of an instrument approach procedure is not completed and the approach is executed with visual reference to the terrain.

OPS 1.440

Low visibility operations — general operating rules

(See Appendix 1 to OPS 1.440)

(a)

An operator shall not conduct Category II or III operations unless:

(1)

each aeroplane concerned is certificated for operations with decision heights below 200 ft, or no decision height, and equipped in accordance with CS-AWO on all weather operations or an equivalent accepted by the Authority;

(2)

a suitable system for recording approach and/or automatic landing success and failure is established and maintained to monitor the overall safety of the operation;

(3)

the operations are approved by the Authority;

(4)

the flight crew consists of at least two pilots; and

(5)

decision height is determined by means of a radio altimeter.

(b)

An operator shall not conduct low visibility take-offs in less than 150 m RVR(Category A, B and C aeroplanes) or 200 m RVR(Category D aeroplanes) unless approved by the Authority.

OPS 1.445

Low visibility operations — aerodrome considerations

(a)

An operator shall not use an aerodrome for Category II or III operations unless the aerodrome is approved for such operations by the State in which the aerodrome is located.

(b)

An operator shall verify that low visibility procedures (LVP) have been established, and will be enforced, at those aerodromes where low visibility operations are to be conducted.

OPS 1.450

Low visibility operations — training and qualifications

(See Appendix 1 to OPS 1.450)

An operator shall ensure that, prior to conducting low visibility take-off, Category II and III operations:

(1)

each flight crew member:

(i)

completes the training and checking requirements prescribed in Appendix 1 including flight simulator training in operating to the limiting values of RVR and decision height appropriate to the operator's Category II/III approval; and

(ii)

is qualified in accordance with Appendix 1;

(2)

the training and checking is conducted in accordance with a detailed syllabus approved by the Authority and included in the operations manual. This training is in addition to that prescribed in Subpart N; and

(3)

the flight crew qualification is specific to the operation and the aeroplane type.

OPS 1.455

Low visibility operations — operating Procedures

(See Appendix 1 to OPS 1.455)

(a)

An operator must establish procedures and instructions to be used for low visibility take-off and Category II and III operations. These procedures must be included in the operations manual and contain the duties of flight crew members during taxiing, take-off, approach, flare, landing, roll-out and missed approach as appropriate.

(b)

The commander shall satisfy himself/herself that:

(1)

the status of the visual and non-visual facilities is sufficient prior to commencing a low visibility take-off or a Category II or III approach;

(2)

appropriate LVPs are in force according to information received from air traffic services, before commencing a low visibility take-off or a Category II or III approach; and

(3)

the flight crew members are properly qualified prior to commencing a low visibility take-off in an RVR of less than 150 m (Category A, B and C aeroplanes) or 200 m (Cat D aeroplanes) or a Category II or III approach.

OPS 1.460

Low visibility operations — minimum equipment

(a)

An operator must include in the operations manual the minimum equipment that has to be serviceable at the commencement of a low visibility take-off or a Category II or III approach in accordance with the AFM or other approved document.

(b)

The commander shall satisfy himself/herself that the status of the aeroplane and of the relevant airborne systems is appropriate for the specific operation to be conducted.

OPS 1.465

VFR operating minima

(See Appendix 1 to OPS 1.465)

An operator shall ensure that:

(1)

VFR flights are conducted in accordance with the visual flight rules and in accordance with the Table in Appendix 1 to OPS 1.465.

(2)

Special VFR flights are not commenced when the visibility is less than 3 km and not otherwise conducted when the visibility is less than 1,5 km.

Appendix 1 to OPS 1.430

Aerodrome operating minima

(a)

Take-off minima

(1)

General

(i)

Take-off minima established by the operator must be expressed as visibility or RVR limits, taking into account all relevant factors for each aerodrome planned to be used and the aeroplane characteristics. Where there is a specific need to see and avoid obstacles on departure and/or for a forced landing, additional conditions (e.g. ceiling) must be specified.

(ii)

The commander shall not commence take-off unless the weather conditions at the aerodrome of departure are equal to or better than applicable minima for landing at that aerodrome unless a suitable take-off alternate aerodrome is available.

(iii)

When the reported meteorological visibility is below that required for take-off and RVR is not reported, a take-off may only be commenced if the commander can determine that the RVR/visibility along the take-off runway is equal to or better than the required minimum.

(iv)

When no reported meteorological visibility or RVR is available, a take-off may only be commenced if the commander can determine that the RVR/visibility along the take-off runway is equal to or better than the required minimum.

(2)

Visual reference. The take-off minima must be selected to ensure sufficient guidance to control the aeroplane in the event of both a discontinued take-off in adverse circumstances and a continued take-off after failure of the critical power unit.

(3)

Required RVR/visibility

(i)

For multi-engined aeroplanes whose performance is such that, in the event of a critical power unit failure at any point during take-off, the aeroplane can either stop or continue the take-off to a height of 1 500 ft above the aerodrome while clearing obstacles by the required margins, the take-off minima established by an operator must be expressed as RVR/visibility values not lower than those given in Table 1 below except as provided in paragraph (4):

Table 1

RVR/Visibility for take-off

Take-off RVR/Visibility

Facilities

RVR/Visibility

(Note 3)

Nil (Day only)

500 m

Runway edge lighting and/or centreline marking

250/300 m

(Notes 1 & 2)

Runway edge and centreline lighting

200/250 m

(Note 1)

Runway edge and centreline lighting and multiple RVR information

150/200 m

(Notes 1 & 4)

Note 1:

The higher values apply to Category D aeroplanes.

Note 2:

For night operations at least runway edge and runway end lights are required.

Note 3:

The reported RVR/Visibility value representative of the initial part of the take-off run can be replaced by pilot assessment.

Note 4:

The required RVR value must be achieved for all of the relevant RVR reporting points with the exception given in Note 3.

(ii)

For multi-engined aeroplanes whose performance is such that they cannot comply with the performance conditions in subparagraph (a)(3)(i) in the event of a critical power unit failure, there may be a need to re-land immediately and to see and avoid obstacles in the take-off area. Such aeroplanes may be operated to the following take-off minima provided they are able to comply with the applicable obstacle clearance criteria, assuming engine failure at the height specified. The take-off minima established by an operator must be based upon the height from which the one engine inoperative net take-off flight path can be constructed. The RVR minima used may not be lower than either of the values given in Table 1 or Table 2.

Table 2

Assumed engine failure height above the runway versus RVR/Visibility

Take-off RVR/Visibility — flight path

Assumed engine failure height above the take-off runway

RVR/Visibility

(Note 2)

< 50 ft

200 m

51 — 100 ft

300 m

101 — 150 ft

400 m

151 — 200 ft

500 m

201 — 300 ft

1 000 m

> 300 ft

1 500 m

(Note 1)

Note 1:

1 500 m is also applicable if no positive take-off flight path can be constructed.

Note 2:

The reported RVR/Visibility value representative of the initial part of the take-off run can be replaced by pilot assessment.

(iii)

When reported RVR, or meteorological visibility is not available, the commander shall not commence take-off unless he/she can determine that the actual conditions satisfy the applicable take-off minima.

(4)

Exceptions to paragraph (a)(3)(i):

(i)

subject to the approval of the Authority, and provided the requirements in paragraphs (A) to (E) have been satisfied, an operator may reduce the take-off minima to 125 m RVR (Category A, B and C aeroplanes) or 150 m RVR (Category D aeroplanes) when:

(A)

low visibility procedures are in force;

(B)

high intensity runway centreline lights spaced 15 m or less and high intensity edge lights spaced 60 m or less are in operation;

(C)

flight crew members have satisfactorily completed training in a flight simulator;

(D)

a 90 m visual segment is available from the cockpit at the start of the take-off run; and

(E)

the required RVR value has been achieved for all of the relevant RVR reporting points.

(ii)

Subject to the approval of the Authority, an operator of an aeroplane using an approved lateral guidance system for take-off may reduce the take-off minima to an RVR less than 125 m (Category A, B and C aeroplanes) or 150 m (Category D aeroplanes) but not lower than 75 m provided runway protection and facilities equivalent to Category III landing operations are available.

(b)

Non-precision approach

(1)

System minima

(i)

An operator must ensure that system minima for non-precision approach procedures, which are based upon the use of ILS without glide path (LLZ only), VOR, NDB, SRA and VDF are not lower than the MDH values given in Table 3.

Table 3

System minima for non-precision approach aids

System minima Facility

Lowest MDH

ILS (no glide path — LLZ)

250 ft

SRA (terminating at

Formula

NM)

250 ft

SRA (terminating at 1 NM)

300 ft

SRA (terminating at 2 NM)

350 ft

VOR

300 ft

VOR/DME

250 ft

NDB

300 ft

VDF (QDM & QGH)

300 ft

(2)

Minimum Descent Height. An operator must ensure that the minimum descent height for a non-precision approach is not lower than either:

(i)

the OCH/OCL for the category of aeroplane; or

(ii)

the system minimum.

(3)

Visual reference. A pilot may not continue an approach below MDA/MDH unless at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:

(i)

elements of the approach light system;

(ii)

the threshold;

(iii)

the threshold markings;

(iv)

the threshold lights;

(v)

the threshold identification lights;

(vi)

the visual glide slope indicator;

(vii)

the touchdown zone or touchdown zone markings;

(viii)

the touchdown zone lights;

(ix)

runway edge lights; or

(x)

other visual references accepted by the Authority.

(4)

Required RVR. The lowest minima to be used by an operator for non-precision approaches are:

Table 4a

RVR for non-precision approach — full facilities

Non-precision approach minima — Full facilities (Notes 1, 5, 6 and 7)

MDH

RVR/Aeroplane category

A

B

C

D

250 — 299 ft

800 m

800 m

800 m

1 200 m

300 — 449 ft

900 m

1 000 m

1 000 m

1 400 m

450 — 649 ft

1 000 m

1 200 m

1 200 m

1 600 m

650 ft and above

1 200 m

1 400 m

1 400 m

1 800 m

Table 4b

RVR for non-precision approach — intermediate facilities

Non-precision approach minima — Intermediate facilities (Notes 2, 5, 6 and 7)

MDH

RVR/Aeroplane Category

A

B

C

D

250 — 299 ft

1 000 m

1 100 m

1 200 m

1 400 m

300 — 449 ft

1 200 m

1 300 m

1 400 m

1 600 m

450 — 649 ft

1 400 m

1 500 m

1 600 m

1 800 m

650 ft and above

1 500 m

1 500 m

1 800 m

2 000 m

Table 4c

RVR for non-precision approach — basic facilities

Non-precision approach minima — Basic facilities (Notes 3, 5, 6 and 7)

MDH

RVR/Aeroplane Category

A

B

C

D

250 — 299 ft

1 200 m

1 300 m

1 400 m

1 600 m

300 — 449 ft

1 300 m

1 400 m

1 600 m

1 800 m

450 — 649 ft

1 500 m

1 500 m

1 800 m

2 000 m

650 ft and above

1 500 m

1 500 m

2 000 m

2 000 m

Table 4d

RVR for non-precision approach — Nil approach light facilities

Non-precision approach minima — Nil approach light facilities (Notes 4, 5, 6 and 7)

MDH

RVR/Aeroplane Category

A

B

C

D

250 — 299 ft

1 000 m

1 500 m

1 600 m

1 800 m

300 — 449 ft

1 500 m

1 500 m

1 800 m

2 000 m

450 — 649 ft

1 500 m

1 500 m

2 000 m

2 000 m

650 ft and above

1 500 m

1 500 m

2 000 m

2 000 m

Note 1:

Full facilities comprise runway markings, 720 m or more of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

Note 2:

Intermediate facilities comprise runway markings, 420 — 719 m of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

Note 3:

Basic facilities comprise runway markings, <420 m of HI/MI approach lights, any length of LI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

Note 4:

Nil approach light facilities comprise runway markings, runway edge lights, threshold lights, runway end lights or no lights at all.

Note 5:

The tabl s are only applicable to conventional approaches with a nominal descent slope of not greater than 4°. Greater descent slopes will usually require that visual glide slope guidance (e.g. PAPI) is also visible at the minimum descent height.

Note 6:

The above figures are either reported RVR or meteorological visibility converted to RVR as in subparagraph (h) below.

Note 7:

The MDH mentioned in Table 4a, 4b, 4c and 4d refers to the initial calculation of MDH. When selecting the associated RVR, there is no need to take account of a rounding up to the nearest ten ft, which may be done for operational purposes, e.g. conversion to MDA.

(5)

Night operations. For night operations at least runway edge, threshold and runway end lights must be on.

(c)

Precision approach — Category I operations

(1)

General. A Category I operation is a precision instrument approach and landing using ILS, MLS or PAR with a decision height not lower than 200 ft and with a runway visual range not less than 550 m.

(2)

Decision height. An operator must ensure that the decision height to be used for a Category I precision approach is not lower than:

(i)

the minimum decision height specified in the aeroplane flight manual (AFM) if stated;

(ii)

the minimum height to which the precision approach aid can be used without the required visual reference;

(iii)

the OCH/OCL for the category of aeroplane; or

(iv)

200 ft.

(3)

Visual reference. A pilot may not continue an approach below the Category I decision height, determined in accordance with subparagraph (c)(2), unless at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:

(i)

elements of the approach light system;

(ii)

the threshold;

(iii)

the threshold markings;

(iv)

the threshold lights;

(v)

the threshold identification lights;

(vi)

the visual glide slope indicator;

(vii)

the touchdown zone or touchdown zone markings;

(viii)

the touchdown zone lights; or

(ix)

runway edge lights.

(4)

Required RVR. The lowest minima to be used by an operator for Category I operations are:

Table 5

RVR for Cat I approach vs. facilities and DH

Category I minima

Decision height (Note 7)

Facilities/RVR (Note 5)

Full

(Notes 1 and 6)

Interm

(Notes 2 and 6)

Basic

(Notes 3 and 6)

Nil

(Notes 4 and 6)

200 ft

550 m

700 m

800 m

1 000 m

201-250 ft

600 m

700 m

800 m

1 000 m

251-300 ft

650 m

800 m

900 m

1 200 m

301 ft and above

800 m

900 m

1 000 m

1 200 m

Note 1:

Full facilities comprise runway markings, 720 m or more of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

Note 2:

Intermediate facilities comprise runway markings, 420 — 719 m of HI/MI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

Note 3:

Basic facilities comprise runway markings, <420 m of HI/MI approach lights, any length of LI approach lights, runway edge lights, threshold lights and runway end lights. Lights must be on.

Note 4:

Nil approach light facilities comprise runway markings, runway edge lights, threshold lights, runway end lights or no lights at all.

Note 5:

The above figures are either the reported RVR or meteorological visibility converted to RVR in accordance with paragraph (h).

Note 6:

The table is applicable to conventional approaches with a glide slope angle up to and including 4° (degree).

Note 7:

The DH mentioned in the Table 5 refers to the initial calculation of DH. When selecting the associated RVR, there is no need to take account of a rounding up to the nearest 10 ft, which may be done for operational purposes, (e.g. conversion to DA).

(5)

Single pilot operations. For single pilot operations, an operator must calculate the minimum RVR for all approaches in accordance with OPS 1.430 and this Appendix. An RVR of less than 800 m is not permitted except when using a suitable autopilot coupled to an ILS or MLS, in which case normal minima apply. The decision height applied must not be less than 1,25 x the minimum use height for the autopilot.

(6)

Night operations. For night operations at least runway edge, threshold and runway end lights must be on.

(d)

Precision approach — Category II operations

(1)

General. A Category II operation is a precision instrument approach and landing using ILS or MLS with:

(i)

a decision height below 200 ft but not lower than 100 ft; and

(ii)

a runway visual range of not less than 300 m.

(2)

Decision height. An operator must ensure that the decision height for a Category II operation is not lower than:

(i)

the minimum decision height specified in the AFM, if stated;

(ii)

the minimum height to which the precision approach aid can be used without the required visual reference;

(iii)

the OCH/OCL for the category of aeroplane;

(iv)

the decision height to which the flight crew is authorised to operate; or

(v)

100 ft.

(3)

Visual reference. A pilot may not continue an approach below the Category II decision height determined in accordance with subparagraph (d)(2) unless visual reference containing a segment of at least three consecutive lights being the centre line of the approach lights, or touchdown zone lights, or runway centre line lights, or runway edge lights, or a combination of these is attained and can be maintained. This visual reference must include a lateral element of the ground pattern, i.e. an approach lighting crossbar or the landing threshold or a barette of the touchdown zone lighting.

(4)

Required RVR. The lowest minima to be used by an operator for Category II operations are:

Table 6

RVR for Cat II approach vs. DH

Category II minima

Decision height

Auto-coupled to below DH (see Note 1)

RVR/Aeroplane Category A, B and C

RVR/Aeroplane Category D

100 ft — 120 ft

300 m

300 m

(Note 2)/350 m

121 ft — 140 ft

400 m

400 m

141 ft and above

450 m

450 m

Note 1:

The reference to “auto-coupled to below DH” in this table means continued use of the automatic flight control system down to a height which is not greater than 80 % of the applicable DH. Thus airworthiness requirements may, through minimum engagement height for the automatic flight control system, affect the DH to be applied.

Note 2:

300 m may be used for a Category D aeroplane conducting an auto land.

(e)

Precision approach — Category III operations

(1)

General. Category III operations are subdivided as follows:

(i)

Category III A operations. A precision instrument approach and landing using ILS or MLS with:

(A)

a decision height lower than 100 ft; and

(B)

a runway visual range not less than 200 m.

(ii)

Category III B operations. A precision instrument approach and landing using ILS or MLS with:

(A)

a decision height lower than 50 ft, or no decision height; and

(B)

a runway visual range lower than 200 m but not less than 75 m.

Note: Where the decision height (DH) and runway visual range (RVR) do not fall within the same category, the RVR will determine in which category the operation is to be considered.

(2)

Decision height. For operations in which a decision height is used, an operator must ensure that the decision height is not lower than:

(i)

the minimum decision height specified in the AFM, if stated;

(ii)

the minimum height to which the precision approach aid can be used without the required visual reference; or

(iii)

the decision height to which the flight crew is authorised to operate.

(3)

No decision height operations. Operations with no decision height may only be conducted if:

(i)

the operation with no decision height is authorised in the AFM;

(ii)

the approach aid and the aerodrome facilities can support operations with no decision height; and

(iii)

the operator has an approval for CAT III operations with no decision height.

Note: In the case of a CAT III runway it may be assumed that operations with no decision height can be supported unless specifically restricted as published in the AIP or NOTAM.

(4)

Visual reference

(i)

For Category IIIA operations, and for category IIIB operations with fail-passive flight control systems, a pilot may not continue an approach below the decision height determined in accordance with subparagraph (e)(2) unless a visual reference containing a segment of at least three consecutive lights being the centreline of the approach lights, or touchdown zone lights, or runway centre line lights, or runway edge lights, or a combination of these is attained and can be maintained.

(ii)

For Category IIIB operations with fail-operational flight control systems using a decision height, a pilot may not continue an approach below the decision height, determined in accordance with subparagraph (e)(2), unless a visual reference containing at least one centreline light is attained and can be maintained.

(iii)

For Category III operations with no decision height there is no requirement for visual contact with the runway prior to touchdown.

(5)

Required RVR. The lowest minima to be used by an operator for Category III operations are:

Table 7

RVR for Cat III approach vs. DH and roll-out control/guidance system

Category III minima

Approach Category

Decision Height (ft) (Note 2)

Roll-out Control/Guidance System

RVR (m)

III A

Less than 100 ft

Not required

200 m

III B

Less than 100 ft

Fail-passive

150 m

(Note 1)

III B

Less than 50 ft

Fail-passive

125 m

III B

Less than 50 ft or no decision height

Fail-operational

75 m

Note 1:

For aeroplanes certificated in accordance with CS-AWO on all weather operations 321(b)(3).

Note 2:

Flight control system redundancy is determined under CS-AWO on all weather operations by the minimum certificated decision height.

(f)

Circling

(1)

The lowest minima to be used by an operator for circling are:

Table 8

Visibility and MDH for circling vs. aeroplane category

 

Aeroplane Category

A

B

C

D

MDH

400 ft

500 ft

600 ft

700 ft

Minimum meteorological visibility

1 500 m

1 600 m

2 400 m

3 600 m

(2)

Circling with prescribed tracks is an accepted procedure within the meaning of this paragraph

(g)

Visual approach. An operator shall not use an RVR of less than 800 m for a visual approach.

(h)

Conversion of reported meteorological visibility to RVR

(1)

An operator must ensure that a meteorological visibility to RVR conversion is not used for calculating take-off minima, Category II or III minima or when a reported RVR is available.

Note: If the RVR is reported as being above the maximum value assessed by the aerodrome operator, e.g. “RVR more than 1 500 metres”, it is not considered to be a reported RVR in this context and the Conversion Table may be used.

(2)

When converting meteorological visibility to RVR in all other circumstances than those in subparagraph (h)(1), an operator must ensure that the following table is used:

Table 9

Conversion of visibility to RVR

Lighting elements in operation

RVR = Reported Met. Visibility x

Day