EUR-Lex Access to European Union law

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

(i)

taxi the aeroplane;

(ii)

use the radio telephone; and

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.

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.

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).

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 Operator's technical log system;

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 (c);

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.

(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.

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.

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.

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:

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:

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.

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 (2), 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

1.

Dry lease-in

2.

Wet lease-in

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:

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.

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.

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:

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:

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:

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:

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:

24.

OPS 1.535 Take-off Obstacle Clearance — Multi-Engined aeroplanes:

25.

OPS 1.545 Landing — destination and alternate aerodromes:

26.

OPS 1.550 Landing — dry runways:

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, Operator's technical log system:

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:

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:

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:

38.

OPS 1.980 More than one type or variant:

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. (see 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 Operators technical log system.

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.

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.

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.

1.

flight operations;

2.

the maintenance system;

3.

crew training; and

4.

ground operations.

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 (3) 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:

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.

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.

—

CAT II/CAT III (including approved 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.

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.

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

3.

Supervision

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.

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.

1.

noise abatement departure procedure one (NADP 1), designed to meet the close-in noise abatement objective; and

2.

noise abatement departure procedure two (NADP 2), designed to meet the distant noise abatement objective; and

3.

in addition, each NADP climb profile can only have one sequence of actions.

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.

1.

Performance Class A aeroplanes with either:

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

2.

Performance Class A aeroplanes with:

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) below;

3.

Performance Class B or C aeroplanes:

1.

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

2.

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

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.

1.

Corrections for temperature and pressure variations from standard values;

2.

The ATC requirements; and

3.

Any foreseeable contingencies along the planned route.

1.

Procedures contained in the Operations Manual and data derived from:

2.

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

1.

Taxi fuel; and

2.

Trip fuel; and

3.

Reserve fuel consisting of:

4.

extra fuel if required by the commander.

1.

trip fuel for the remainder of the flight; and

2.

reserve fuel consisting of:

3.

extra fuel if required by the commander.

1.

impede the crew in their duties;

2.

obstruct access to emergency equipment; or

3.

impede the emergency evacuation of the aeroplane.

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.

1.

Passengers are briefed on the following items if applicable:

2.

Passengers receive a demonstration of the following:

1.

Passengers are reminded of the following if applicable:

1.

Passengers are reminded of the following if applicable:

1.

Passengers are reminded of the following:

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 above can be complied with.

1.

for two-engined aeroplanes, either:

2.