‘(22a)

“cockpit voice recorder (CVR)” means a crash-protected flight recorder that uses a combination of microphones and other audio and digital inputs to collect and record the aural environment of the flight crew compartment and communications to, from and between the flight crew members;’;

‘(25)

“contaminated runway” means a runway of which a significant portion of its surface area (whether in isolated areas or not) within the length and width being used is covered by one or more of the substances listed under the runway surface condition descriptors;’;

‘(42)

“dry runway” means a runway whose surface is free of visible moisture and not contaminated within the area intended to be used;’;

‘(49b)

“flight data recorder (FDR)” means a crash-protected flight recorder that uses a combination of data sources to collect and record parameters that reflect the state and performance of the aircraft;’;

‘(49c)

“flight recorder” means any type of recorder that is installed on the aircraft for the purpose of facilitating accident or incident safety investigations;’;

‘(70a)

“landing distance at time of arrival (LDTA)” means a landing distance that is achievable in normal operations based on landing performance data and associated procedures determined for the prevailing conditions at the time of landing;’;

‘(103c)

“runway condition report (RCR)” means a comprehensive standardised report relating to the conditions of the runway surface and their effect on the aeroplane landing and take-off performance, described by means of runway conditions code;’;

‘(107a)

“specially prepared winter runway” means a runway with a dry frozen surface of compacted snow or ice which has been treated with sand or grit or has been mechanically treated to improve runway friction;’;

‘(128)

“wet runway” means a runway whose surface is covered by any visible dampness or water up to and including 3 mm deep within the area intended to be used;’;

‘(3)

(a)

In an aeroplane which is equipped with a secure flight crew compartment door, that door shall be capable of being locked, and means shall be provided by which the cabin crew can notify the flight crew in the event of suspicious activity or security breaches in the cabin.

(b)

All passenger-carrying aeroplanes that are engaged in the commercial transportation of passengers shall be equipped with an approved secure flight crew compartment door that is capable of being locked and unlocked from either pilot's station and designed to meet the applicable airworthiness requirements, where such airplanes fall within any of the following categories:

(c)

In all aeroplanes which are equipped with a secure flight crew compartment door in accordance with point (b):

(a)

Following an accident, a serious incident or an occurrence identified by the investigating authority, the operator of an aircraft shall preserve the original recorded data of the flight recorders for a period of 60 days or until otherwise directed by the investigating authority.

(b)

The operator shall conduct operational checks and evaluations of the recordings to ensure the continued serviceability of the flight recorders which are required to be carried under this Regulation.

(c)

The operator shall ensure that the recordings of flight parameters and data link communication messages required to be recorded on flight recorders are preserved. However, for the purpose of testing and maintaining those flight recorders, up to 1 hour of the oldest recorded data at the time of testing may be erased.

(d)

The operator shall keep and maintain up to date documentation that presents the necessary information to convert raw flight data into flight parameters expressed in engineering units.

(e)

The operator shall make available any flight recorder recordings that have been preserved, if so determined by the competent authority.

(f)

Without prejudice to Regulation (EU) No 996/2010 and Regulation (EU) 2016/679 of the European Parliament and of the Council (*1):

—

point (a) is replaced by the following:

—

point (d) is replaced by the following:

(a)

be satisfied that, according to the information available to him or her, the weather at the aerodrome and the condition of the runway intended to be used would not prevent a safe approach, landing or missed approach, having regard to the performance information contained in the operations manual (OM);

(b)

carry out a landing distance assessment in accordance with point CAT.OP.MPA.303.’;

(a)

No approach to land shall be continued unless the landing distance available (LDA) on the intended runway is at least 115 % of the landing distance at the estimated time of landing, determined in accordance with the performance information for the assessment of the landing distance at time of arrival (LDTA) and the approach to land is performed with performance class A aeroplanes that are certified in accordance with either of the following certification specifications, as indicated in the type-certificate:

(b)

For performance class A aeroplanes other than those referred to in point (a), no approach to land shall be continued, except in either of the following situations:

(c)

For performance class B aeroplanes, no approach to land shall be continued, except in either of the following situations:

(d)

For performance class C aeroplanes, no approach to land shall be continued, except in either of the following situations:

(e)

Performance information for the assessment of the LDTA shall be based on approved data contained in the AFM. When approved data contained in the AFM are insufficient in respect of the assessment of the LDTA, they shall be supplemented with other data which are either determined in accordance with the applicable certification standards for aeroplanes or determined in line with the AMCs issued by the Agency.

(f)

The operator shall specify in the OM the performance information for the assessment of the LDTA and the assumptions made for its development, including other data that, in accordance with point (e), may be used to supplement that contained in the AFM.’;

‘(d)

‘(b)

The gradient of the en-route net flight path shall be positive at least 1 000 ft above all terrain and obstructions along the route within 9,3 km (5 NM) on either side of the intended track.

(c)

The en-route net flight path shall permit the aeroplane to continue flight from the cruising altitude to an aerodrome where a landing can be made in accordance with point CAT.POL.A.230 or CAT.POL.A.235, as appropriate. The en-route net flight path shall clear vertically, by at least 2 000 ft, all terrain and obstructions along the route within 9,3 km (5 NM) on either side of the intended track, taking into account the following elements:

(d)

The operator shall increase the width margins provided for in points (b) and (c) to 18,5 km (10 NM) if the navigational accuracy does not meet at least navigation specification RNAV 5.’;

(a)

An aeroplane that has three or more engines shall not be away from an aerodrome at which the requirements of points CAT.POL.A.230 or CAT.POL.A.235(a) for the expected landing mass are met accordingly, at any point along the intended track for more than 90 minutes, with all engines operating at cruising power or thrust, as appropriate, at standard temperature in still air, unless points (b) to (f) of this point are complied with.

(b)

The two-engines-inoperative en-route net flight path data shall allow the aeroplane to continue the flight, in the expected meteorological conditions, from the point where two engines are assumed to fail simultaneously to an aerodrome at which it is possible to land and come to a complete stop when using the prescribed procedure for a landing with two engines inoperative. The en-route net flight path shall clear vertically, by at least 2 000 ft, all terrain and obstructions along the route within 9,3 km (5 NM) on either side of the intended track. At altitudes and in meteorological conditions that require ice protection systems to be operable, the effect of their use on the en-route net flight path data shall be taken into account. If the navigational accuracy does not meet at least navigation specification RNAV 5, the operator shall increase the prescribed width margin provided for in the second sentence to 18,5 km (10 NM).

(c)

The two engines shall be assumed to fail at the most critical point of that portion of the route where the aeroplane is operated for more than 90 minutes, with all engines operating at cruising power or thrust, as appropriate, at standard temperature in still air, away from the aerodrome referred to in point (a).

(d)

The net flight path shall have a positive gradient at 1 500 ft above the aerodrome where the landing is assumed to be made after the failure of two engines.

(e)

Fuel jettisoning shall be permitted to an extent consistent with reaching the aerodrome with the required fuel reserves referred to in point (f), if a safe procedure is used.

(f)

The expected mass of the aeroplane at the point where the two engines are assumed to fail shall not be less than that which would include sufficient fuel to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at an altitude of at least 450 m (1 500 ft) directly over the landing area and thereafter to fly for 15 minutes at cruising power or thrust, as appropriate.’;

(a)

The landing mass of the aeroplane determined in accordance with point CAT.POL.A.105(a) for the estimated time of landing at the destination aerodrome and at any alternate aerodrome shall allow a full-stop landing from 50 ft above the threshold:

(b)

For steep approach operations, the operator shall use the landing distance data factored in accordance with point (a)(1) or (a)(2), as applicable, based on a screen height of less than 60 ft, but not less than 35 ft, and shall comply with point CAT.POL.A.245.

(c)

For short landing operations, the operator shall use the landing distance data factored in accordance with point (a)(1) or (a)(2), as applicable, and shall comply with point CAT.POL.A.250.

(d)

When determining the landing mass, the operator shall take into account the following:

(e)

For dispatching the aeroplane, the aeroplane shall either:

(f)

If the operator is unable to comply with point (e)(2) for the destination aerodrome, the aeroplane shall only be dispatched if an alternate aerodrome is designated that allows full compliance with one of the following:

(a)

When the appropriate weather reports or forecasts, or both, indicate that the runway at the estimated time of arrival may be wet, the LDA shall be one of the following distances:

(b)

When the appropriate weather reports or forecasts indicate that the runway at the estimated time of arrival may be contaminated, the LDA shall be one of the following distances:

(c)

By way of derogation from point (b), the increment of 15 % needs not to be applied if it is already included in the approved landing distance data or equivalent.

(d)

For points (a) and (b), the criteria of points CAT.POL.A.230(b), (c) and (d) shall apply accordingly.

(e)

For dispatching the aeroplane, the aeroplane shall either:

(f)

If the operator is unable to comply with point (e)(1) for a destination aerodrome where the appropriate weather reports or forecasts indicate that the runway at the estimated time of arrival may be contaminated and where a landing depends upon a specific wind component, the aeroplane shall only be dispatched if two alternate aerodromes are designated.

(g)

If the operator is unable to comply with point (e)(2) for the destination aerodrome where the appropriate weather reports or forecasts indicate that the runway at the estimated time of arrival may be wet or contaminated, the aeroplane shall only be dispatched if an alternate aerodrome is designated.

(h)

For points (f) and (g), the designated alternate aerodrome or aerodromes shall allow compliance with one of the following:

‘(11a)

(a)

An aeroplane operator may conduct landing operations within 80 % of the landing distance available (LDA) if it complies with the following conditions:

(b)

To obtain the approval referred to in point (a)(5), the operator shall provide evidence of either of the following circumstances:

(a)

The landing mass of the aeroplane determined in accordance with point CAT.POL.A.105(a) for the estimated time of landing at the destination aerodrome and at any alternate aerodrome shall allow a full-stop landing from 50 ft above the threshold within 70 % of the LDA.

(b)

By way of derogation from point (a), and where point CAT.POL.A.355 is complied with, the landing mass of the aeroplane determined in accordance with point CAT.POL.A.105(a) for the estimated time of landing at the destination aerodrome shall be such as to allow a full-stop landing from 50 ft above the threshold within 80 % of the LDA.

(c)

When determining the landing mass, the operator shall take the following into account:

(d)

For steep approach operations, the operator shall use landing distance data factored in accordance with point (a), based on a screen height of less than 60 ft, but not less than 35 ft, and comply with point CAT.POL.A.345.

(e)

For short landing operations, the operator shall use landing distance data factored in accordance with point (a), and comply with point CAT.POL.A.350.

(f)

For dispatching the aeroplane, the aeroplane shall either:

(g)

If the operator is unable to comply with point (f)(2) for the destination aerodrome, the aeroplane shall only be dispatched if an alternate aerodrome is designated that permits full compliance with points (a) to (f).’;

(a)

When the appropriate weather reports or forecasts indicate that the runway at the estimated time of arrival may be wet, the LDA shall be one of the following distances:

(b)

When the appropriate weather reports or forecasts indicate that the runway at the estimated time of arrival may be contaminated, the landing distance shall not exceed the LDA. The operator shall specify in the operations manual the landing distance data to be applied.’;

(a)

Operations with a landing mass of the aeroplane that allows a full-stop landing within 80 % of the landing distance available (LDA) require prior approval by the competent authority. Such approval shall be obtained for each runway on which operations with reduced required landing distance are conducted.

(b)

To obtain the approval referred to in point (a), the operator shall conduct a risk assessment to demonstrate that a level of safety equivalent to that intended by point CAT.POL.A.330(a) is achieved and at least the following conditions are met:

‘(d)

The width margins provided for in point (a) shall be increased to 18,5 km (10 NM) if the navigational accuracy does not meet at least navigation specification RNAV 5.

(e)

Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome where the aeroplane is assumed to land after engine failure with the required fuel reserves in accordance with point CAT.OP.MPA.150, appropriate for an alternate aerodrome, if a safe procedure is used.’;

(a)

An aeroplane that has three or more engines shall not be away from an aerodrome at which the requirements of point CAT.POL.A.430 for the expected landing mass are met, at any point along the intended track for more than 90 minutes with all engines operating at cruising power or thrust, as appropriate, at standard temperature in still air, unless points (b) to (e) of this point are complied with.

(b)

The two-engines-inoperative flight path shall permit the aeroplane to continue the flight, in the expected meteorological conditions, clearing all obstacles within 9,3 km (5 NM) on either side of the intended track by a vertical interval of at least 2 000 ft, to an aerodrome at which the performance requirements applicable for the expected landing mass are met.

(c)

The two engines shall be assumed to fail at the most critical point of that portion of the route where the aeroplane is operated for more than 90 minutes, with all engines operating at cruising power or thrust, as appropriate, at standard temperature in still air, away from the aerodrome referred to in point (a).

(d)

The expected mass of the aeroplane at the point where the two engines are assumed to fail shall not be less than that which would include sufficient fuel to proceed to an aerodrome where the landing is assumed to be made and to arrive there at an altitude of at least 450 m (1 500 ft) directly over the landing area and thereafter to fly for 15 minutes at cruising power or thrust, as appropriate.

(e)

The available rate of climb of the aeroplane shall be 150 ft per minute less than that specified.

(f)

The width margins provided for in point (b) shall be increased to 18,5 km (10 NM) if the navigational accuracy does not meet at least navigation specification RNAV 5.

(g)

Fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves in accordance with point (d), if a safe procedure is used.’;

‘(4)

‘(a)

‘(i)

(a)

Turbine-engined aeroplanes with an MCTOM of 2 250 kg or more and aeroplanes with an MOPSC of more than 9 shall be equipped with a flight recorder if all of the following conditions are met:

(b)

The flight recorder shall record, by means of flight data or images, information that is sufficient to determine the flight path and aircraft speed.

(c)

The flight recorder shall be capable of retaining the flight data and the images recorded during at least the preceding 5 hours.

(d)

The flight recorder shall automatically start to record prior to the aeroplane being capable of moving under its own power and shall stop automatically after the aeroplane is no longer capable of moving under its own power.

(e)

If the flight recorder records images or audio of the flight crew compartment, then a function shall be provided which can be operated by the commander and which modifies image and audio recordings made before the operation of that function, so that those recordings cannot be retrieved using normal replay or copying techniques.’;

‘(b)

‘(d)

i.

The title of the article is replaced by the following:

‘CAT.IDE.A.345   Communication, navigation and surveillance equipment for operations under IFR or under VFR over routes not navigated by reference to visual landmarks’

ii.

point CAT.IDE.A.345(a) is replaced by the following:

(a)

Turbine-engined helicopters with an MCTOM of 2 250 kg or more shall be equipped with a flight recorder if all of the following conditions are met:

(b)

The flight recorder shall record, by means of flight data or images, information that is sufficient to determine the flight path and aircraft speed.

(c)

The flight recorder shall be capable of retaining the flight data and the images recorded during at least the preceding 5 hours.

(d)

The flight recorder shall automatically start to record prior to the helicopter being capable of moving under its own power and shall stop automatically after the helicopter is no longer capable of moving under its own power.

(e)

If the flight recorder records images or audio of the flight crew compartment, then a function shall be provided which can be operated by the commander and which modifies image and audio recordings made before the operation of that function, so that those recordings cannot be retrieved using normal replay or copying techniques.’;

i.

The title of the article is replaced by the following:

‘CAT.IDE.H.345   Communication, navigation and surveillance equipment for operations under IFR or under VFR over routes not navigated by reference to visual landmarks’

ii.

point CAT.IDE.H.345(a) is replaced by the following:

‘(b)

(a)

ORO.GEN.310, as applicable; and

(b)

ORO.MLR.105.’;

(a)

Following an accident, a serious incident or an occurrence identified by the investigating authority, the operator of an aircraft shall preserve the original recorded data of the flight recorders for a period of 60 days or until otherwise directed by the investigating authority.

(b)

The operator shall conduct operational checks and evaluations of recordings to ensure the continued serviceability of the flight recorders which are required to be carried.

(c)

The operator shall ensure that the recordings of flight parameters and data link communication messages required to be recorded on flight recorders are preserved. However, for the purpose of testing and maintaining those flight recorders, up to 1 hour of the oldest recorded data at the time of testing may be erased.

(d)

The operator shall keep and maintain up to date documentation that presents the necessary information to convert raw flight data into flight parameters expressed in engineering units.

(e)

The operator shall make available any flight recorder recordings that have been preserved, if so determined by the competent authority.

(f)

Without prejudice to Regulations (EU) No 996/2010 and (EU) 2016/679:

‘(b)

‘(10)

(a)

Following an accident, a serious incident or an occurrence identified by the investigating authority, the operator of an aircraft shall preserve the original recorded data of the flight recorders for a period of 60 days or until otherwise directed by the investigating authority.

(b)

The operator shall conduct operational checks and evaluations of recordings to ensure the continued serviceability of the flight recorders which are required to be carried.

(c)

The operator shall ensure that the recordings of flight parameters and data link communication messages required to be recorded on flight recorders are preserved. However, for the purpose of testing and maintaining those flight recorders, up to 1 hour of the oldest recorded data at the time of testing may be erased.

(d)

The operator shall keep and maintain up to date documentation that presents the necessary information to convert raw flight data into flight parameters expressed in engineering units.

(e)

The operator shall make available any flight recorder recordings that have been preserved, if so determined by the competent authority.

(f)

Without prejudice to Regulations (EU) No 996/2010 and (EU) 2016/679, and except for ensuring flight recorder serviceability:

(a)

Turbine-engined aeroplanes with an MCTOM of 2 250 kg or more and aeroplanes with an MOPSC of more than 9 shall be equipped with a flight recorder if all the following conditions are met:

(b)

The flight recorder shall record, by means of flight data or images, information that is sufficient to determine the flight path and aircraft speed.

(c)

The flight recorder shall be capable of retaining the flight data and the images recorded during at least the preceding 5 hours.

(d)

The flight recorder shall automatically start to record prior to the aeroplane being capable of moving under its own power and shall stop automatically after the aeroplane is no longer capable of moving under its own power.

(e)

If the flight recorder records images or audio of the flight crew compartment, then a function shall be provided which can be operated by the pilot-in-command and which modifies image and audio recordings made before the operation of that function, so that those recordings cannot be retrieved using normal replay or copying techniques.’;

(a)

Turbine-engined helicopters with an MCTOM of 2 250 kg or more shall be equipped with a flight recorder if all the following conditions are met:

(b)

The flight recorder shall record, by means of flight data or images, information that is sufficient to determine the flight path and aircraft speed.

(c)

The flight recorder shall be capable of retaining the flight data and the images recorded during at least the preceding 5 hours.

(d)

The flight recorder shall automatically start to record prior to the helicopter being capable of moving under its own power and shall stop automatically after the helicopter is no longer capable of moving under its own power.

(e)

If the flight recorder records images or audio of the flight crew compartment, then a function shall be provided which can be operated by the pilot-in-command and which modifies image and audio recordings made before the operation of that function, so that those recordings cannot be retrieved using normal replay or copying techniques.’;

‘(a)