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Document 32008R0859
Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane
Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane
Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane
OJ L 254, 20.9.2008, p. 1–238
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Special edition in Croatian: Chapter 07 Volume 022 P. 72 - 309
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Amendment | 31991R3922 | Replacement | annex 3 | 20/09/2008 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Corrected by | 32008R0859R(01) | (IT) | |||
Corrected by | 32008R0859R(02) | (CS) | |||
Corrected by | 32008R0859R(03) | (CS) | |||
Corrected by | 32008R0859R(04) | (PL) | |||
Implicitly repealed by | 32018R1139 |
20.9.2008 |
EN |
Official Journal of the European Union |
L 254/1 |
COMMISSION REGULATION (EC) No 859/2008
of 20 August 2008
amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (1), and in particular Article 11(1) thereof,
Whereas:
(1) |
Regulation (EEC) No 3922/91 provides that the Commission shall adopt the amendments to the common technical requirements and administrative procedures listed in Annex III thereto which are necessitated by scientific and technical progress; |
(2) |
Annex III to Regulation (EEC) No 3922/91 is based on a set of harmonised rules adopted by the Joint Aviation Authorities (JAA) called Joint Aviation Requirements for Commercial Air Transportation (Aeroplanes) (JAR-OPS 1). |
(3) |
Regulation (EEC) 8/2008 (2).updated Annex III in order to reflect the amendments made to JAR-OPS since 1 January 2005 (Amendments 9 to 12) before the date on which that Annex will become applicable (16 July 2008) |
(4) |
On the basis of further work conducted by the European Air Safety Agency, and pending the adoption of the implementing regulations provided in Regulation (EC) 8/2008, that Annex should be amended again in order to include certain detailed technical and operational requirements relating to the most crucial safety elements of that Annex. |
(5) |
These new requirements should be applicable without delay. However, a lead time is needed by the industry and the authorities for the implementation of complex provisions pertaining to all weather operations and cabin crew training; |
(6) |
Annex III to Regulation (EEC) No 3922/91 should therefore be amended accordingly. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee established by Article 12 of Regulation (EEC) No 3922/91, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Council Regulation (EEC) No 3922/1991 is replaced by the Annex to this Regulation.
Article 2
1. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
2. The provisions of the Annex of this Regulation concerning OPS 1.1005, OPS 1.1010, OPS 1.1015, Appendix 1 to OPS 1.1005, Appendix 1 to OPS 1.1010, Appendix 1 to OPS 1.1015 and Appendix 3 to OPS 1.1005/1.1010/1.1015 shall apply from 16 July 2009.
3. The provisions of the Annex of this Regulation concerning OPS 1.430, OPS 1.435, OPS 1.440, OPS 1.450, OPS 1.455, OPS 1.460, Appendix 1 to OPS 1.430, Appendix 1 to OPS 1.440, Appendix 1 to OPS 1.450 and Appendix 1 to OPS 1.455 shall apply from 16 July 2011.
4. Pending the application of the provisions referred to in paragraphs 2 and 3, the corresponding provisions of the Annex to Regulation (EEC) 8/2008 shall continue to apply.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 August 2008.
For the Commission
Antonio TAJANI
Vice-President
(1) OJ L 373, 31.12.1991, p. 4.
ANNEX
ANNEX III
Common technical requirements and administrative procedures applicable to commercial transportation by aircraft
OPS 1: Commercial air transportation (aeroplanes)
Contents (General layout)
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:
|
(b) |
Part M and Part 145 as referred to in this Annex are those of Commission Regulation (EC) No 2042/2003 (1). |
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) above, 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:
|
(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:
|
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:
|
(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:
|
(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
Intentionally blank
OPS 1.085
Crew responsibilities
(a) |
A crew member shall be responsible for the proper execution of his/her duties that:
|
(b) |
A crew member shall:
|
(c) |
Nothing in paragraph (b) above 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:
|
(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:
|
(f) |
The commander shall:
|
(g) |
The commander or the pilot to whom conduct of the flight has been delegated 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;
|
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:
|
(b) |
The commander shall ensure that:
|
(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:
|
(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:
|
(b) |
The Authority may permit the information detailed in subparagraph (a) above, 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;
|
(b) |
The information referred to in subparagraph (a) above includes:
|
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:
|
(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:
|
(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
|
OPS 1.165
Leasing
(a) |
Terminology Terms used in this paragraph have the following meaning:
|
(b) |
Leasing of aeroplanes between Community operators
|
(c) |
Leasing of aeroplanes between a Community operator and any entity other than a Community operator:
|
Appendix 1 to OPS 1.005 (a)
Operations of performance class B aeroplanes
(a) |
Terminology
|
(b) |
Operations, to which this Appendix is applicable, may be conducted in accordance with the following alleviations.
|
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:
|
(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:
|
(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:
|
(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:
|
(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:
|
(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:
|
(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.:
|
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:
|
(c) |
Adequacy and supervision of staff:
|
(d) |
Accommodation facilities
|
(e) |
Documentation The operator must make arrangements for the production of manuals, amendments and other documentation. |
SUBPART D
OPERATIONAL PROCEDURES
OPS 1.192
Terminology
The terms which are listed below are for use within the context of this regulation.
(a) |
Adequate Aerodrome. An aerodrome which the operator considers to be satisfactory, taking account of the applicable performance requirements and runway characteristics; at the expected time of use, the aerodrome will be available and equipped with necessary ancillary services such as ATS, sufficient lighting, communications, weather reporting, navaids and emergency services. |
(b) |
ETOPS (Extended range operations for two engine aeroplanes). ETOPS operations are those with two engine aeroplanes approved by the Authority (ETOPS approval), to operate beyond the threshold distance determined in accordance with OPS 1.245 (a) from an Adequate Aerodrome. |
(c) |
Adequate ETOPS en-route alternate aerodrome. An adequate aerodrome, which additionally, at the expected time of use, has an ATS facility and at least one instrument approach procedure. |
(d) |
En-route alternate (ERA) aerodrome. An adequate aerodrome along the route, which may be required at the planning stage. |
(e) |
3 % ERA. An en-route alternate aerodrome selected for the purposes of reducing contingency fuel to 3 %. |
(f) |
Isolated aerodrome. If acceptable to the Authority, the destination aerodrome can be considered as an isolated aerodrome, if the fuel required (diversion plus final) to the nearest adequate destination alternate aerodrome is more than: For aeroplanes with reciprocating engines, fuel to fly for 45 minutes plus 15 % of the flight time planned to be spent at cruising level or two hours, whichever is less; or For aeroplanes with turbine engines, fuel to fly for two hours at normal cruise consumption above the destination aerodrome, including final reserve fuel. |
(g) |
Equivalent position. A position that can be established by means of a DME distance, a suitably located NDB or VOR, SRE or PAR fix or any other suitable fix between three and five miles from threshold that independently establishes the position of the aeroplane. |
(h) |
Critical phases of flight. Critical phases of flight are the take-off run, the take-off flight path, the final approach, the landing, including the landing roll, and any other phases of flight at the discretion of the commander. |
(i) |
Contingency fuel. The fuel required to compensate for unforeseen factors which could have an influence on the fuel consumption to the destination aerodrome such as deviations of an individual aeroplane from the expected fuel consumption data, deviations from forecast meteorological conditions and deviations from planned routings and/or cruising levels/altitudes. |
(j) |
Separate runways. Runways at the same aerodrome that are separate landing surfaces. These runways may overlay or cross in such a way that if one of the runways is blocked, it will not prevent the planned type of operations on the other runway. Each runway shall have a separate approach procedure based on a separate navigation aid. |
(k) |
Approved one-engine-inoperative cruise speed. For ETOPS, the approved one-engine-inoperative cruise speed for the intended area of operation shall be a speed, within the certified limits of the aeroplane, selected by the operator and approved by the regulatory authority. |
(l) |
ETOPS area. An ETOPS area is an area containing airspace within which an ETOPS approved aeroplane remains in excess of the specified flying time in still air (in standard conditions) at the approved one-engine-inoperative cruise speed from an adequate ETOPS route alternate aerodrome. |
(m) |
Dispatch. ETOPS planning minima applies until dispatch. Dispatch is when the aircraft first moves under its own power for the purpose of taking off. |
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 (see OPS 1.192). |
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
(See OPS 1.192)
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:
|
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) above, 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) above 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
(See OPS 1.192)
An operator shall establish appropriate operating departure and arrival/approach procedures for each aircraft type in accordance with the following:
(a) |
The operator shall ensure that safety has priority over noise abatement, and |
(b) |
These procedures shall be designed to be simple and safe to operate with no significant increase in crew workload during critical phases of flight, and |
(c) |
For each aeroplane type two departure procedures shall be defined, in accordance with ICAO Doc. 8168 (Procedures for air navigation services, “PANS-OPS”), Volume I:
|
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:
|
(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 specified navigation performance requirements
(a) |
An operator shall ensure that an aeroplane operated in areas, or through portions of airspace, or on routes where navigation performance requirements have been specified, is certified according to these requirements, and, if required, that the Authority has granted the relevant operational approval. (See also OPS 1.865 (c)(2), OPS 1.870 and OPS 1.872). |
(b) |
An operator of an aeroplane operating in areas referred to in (a) shall ensure that all contingency procedures, specified by the authority responsible for the airspace concerned, have been included in the Operations Manual. |
OPS 1.245
Maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval
(See OPS 1.192)
(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 (under standard conditions in still air) than, in the case of:
|
(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. |
(c) |
An operator must ensure that the following data, specific to each type or variant, is included in the Operations Manual:
Note: The speeds 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)
(See OPS 1.192)
(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 an adequate ETOPS en-route alternate is available, within either the operator's 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:
|
(e) |
In fulfilling the requirements prescribed in subparagraph (d) above due consideration shall be given to:
|
OPS 1.255
Fuel policy
(See Appendix 1 and Appendix 2 to OPS 1.255)
(a) |
An operator must establish a fuel policy for the purpose of flight planning and in-flight re-planning 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. below:
|
(c) |
An operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes:
|
(d) |
An operator shall ensure that in-flight re-planning procedures for calculating usable fuel required when a flight has to proceed along a route or to a destination aerodrome other than originally planned includes:
|
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:
|
(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 above-mentioned 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
|
(b) |
Before take-off
|
(c) |
After take-off
|
(d) |
Before landing
|
(e) |
After landing
|
(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:
|
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 aerodrome if it would not be possible to return to the departure aerodrome for meteorological or performance reasons. The take-off alternate aerodrome, in relation to the departure aerodrome, shall be located within:
|
(c) |
An operator must select at least one destination alternate for each IFR flight unless:
|
(d) |
An operator must select two destination alternate aerodromes when:
|
(e) |
An operator shall specify any required alternate aerodrome(s) in the operational flight plan. |
OPS 1.297
Planning minima for IFR flights
(a) |
Planning minima for a take-off alternate aerodrome. An operator shall only select an aerodrome as a take-off alternate aerodrome 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 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 a destination aerodrome (except isolated destination aerodromes). An operator shall only select the destination aerodrome and when:
|
(c) |
Planning minima for a: destination alternate aerodrome, or isolated aerodrome, or 3 % ERA aerodrome, or en-route alternate aerodrome required at the planning stage An operator shall only select an aerodrome for one of those purposes 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 planning minima in Table 1 below. Table 1 Planning minima — Destination alternate aerodrome, isolated destination aerodrome, 3 % ERA and en-route alternate aerodrome
|
(d) |
Planning minima for an ETOPS en-route alternate aerodrome. An operator shall only select an aerodrome as an ETOPS en-route alternate aerodrome when the appropriate weather reports or forecasts, or any combination thereof, indicate that, between the anticipated time of landing until one hour after the latest possible time of landing, conditions calculated by adding the additional limits of Table 2 will exist. An operator shall include in the Operations Manual the method for determining the operating minima at the planned ETOPS en-route alternate aerodrome. Table 2 Planning minima — ETOPS
|
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:
|
OPS 1.310
Crew members at stations
(a) |
Flight crew members
|
(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 1.311
Minimum number of cabin crew required to be on board an aeroplane during ground operations with passengers
(see Appendix 1 to OPS 1.311)
An operator shall ensure that, whenever any passengers are on board an aeroplane, the minimum number of cabin crew required in accordance with OPS 1.990(a), (b), (c) and (d) are present in the passenger cabin, except:
(a) |
When the aeroplane is on the ground at a parking place, the number of cabin crew present in the passenger cabin may be reduced below the number determined by OPS 1.990(a), (b) and (c). The minimum number of cabin crew required in these circumstances shall be one per pair of floor-level emergency exits on each passenger deck, or one for every 50, or fraction of 50, passengers present on board, whichever is greater, provided that:
This reduction is not permitted when the number of cabin crew is determined by using OPS 1.990(d). |
(b) |
During disembarkation when the number of passengers remaining on board is less than 20, the minimum number of cabin crew present in the passenger cabin may be reduced below the minimum number of cabin crew required in accordance with OPS 1.990(a), (b), (c) and (d), provided that:
|
OPS 1.313
Use of headset
(a) |
Each flight crew member required to be on flight deck duty shall wear the headset with boom microphone or equivalent required by OPS 1.650(p) and/or 1.652(s) and use it as the primary device to listen to the voice communications with air traffic services:
|
(b) |
In the conditions of paragraph 1 above, the boom microphone or equivalent shall be in a position which permits its use for two-way radio communications. |
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
|
(b) |
Passengers
|
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:
|
OPS 1.340
Meteorological conditions
(a) |
On an IFR flight a commander shall only:
|
(b) |
On an IFR flight, a commander shall only continue towards the planned destination aerodrome when 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. |
(c) |
On an IFR flight a commander shall only continue beyond:
when information is available indicating that the expected weather conditions, at the time of arrival, 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. |
(d) |
On a VFR flight a commander shall only commence take-off when the appropriate weather reports or forecasts, or any combination thereof, 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 only commence a flight or continue in the event of in-flight re-planning when he/she is satisfied that the aeroplane carries at least the planned amount of usable 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
An operator shall establish a procedure to ensure that in-flight fuel checks and fuel management are carried out according to the following criteria:
(a) |
in-flight fuel checks.
|
(b) |
in-flight fuel management.
|
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:
|
(b) |
|
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 must ensure that any corrective action indicated by the RA is initiated immediately, unless doing so would jeopardise the safety of the aeroplane. The corrective action must:
|
(c) |
prescribed ACAS ATC communications are specified. |
(d) |
when the conflict is resolved the aeroplane is promptly returned to the terms of the ATC instructions or clearance. |
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 (see OPS 1.192). |
(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, subparagraph (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
|
(b) |
Incident reporting. An operator shall establish procedures for reporting incidents taking into account responsibilities described below and circumstances described in subparagraph (d) below.
|
(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) below.
|
(d) |
Specific reports. Occurrences for which specific notification and reporting methods must be used are described below:
|
OPS 1.425
Reserved
Appendix 1 to OPS 1.255
Fuel policy
An operator must base the company fuel policy, including calculation of the amount of fuel to be on board for departure, on the following planning criteria:
1. |
Basic procedure The usable fuel to be on board for departure must be the amount of: |
1.1. |
Taxi fuel, which shall not be less than the amount, expected to be used prior to take-off. Local conditions at the departure aerodrome and APU consumption shall be taken into account; |
1.2. |
Trip fuel, which shall include:
|
1.3. |
Contingency fuel, except as provided for in Paragraph 2 “Reduced Contingency Fuel”, which shall be the higher of a. or b. below:
|
1.4. |
Alternate fuel which shall:
|
1.5. |
Final reserve fuel, which shall be:
|
1.6. |
The minimum additional fuel, which shall permit:
|
1.7. |
Extra fuel, which shall be at the discretion of the commander. |
2. |
Reduced Contingency Fuel (RCF) Procedure If an operator's fuel policy includes pre-flight planning to a Destination 1 aerodrome (commercial destination) with a reduced contingency fuel procedure using a decision point along the route and a Destination 2 aerodrome (optional refuel destination), the amount of usable fuel, on board for departure, shall be the greater of 2.1. or 2.2. below: |
2.1. |
the sum of:
|
2.2. |
The sum of:
|
3. |
pre-determined point (PDP) procedure If an operator's fuel policy includes planning to a destination alternate aerodrome where the distance between the destination aerodrome and the destination alternate aerodrome is such that a flight can only be routed via a predetermined point to one of these aerodromes, the amount of usable fuel, on board for departure, shall be the greater of 3.1 or 3.2 below: |
3.1. |
the sum of:
|
3.2. |
the sum of:
|
4. |
Isolated aerodrome procedure If an operator's fuel policy includes planning to an isolated aerodrome, the last possible point of diversion to any available en-route alternate aerodrome shall be used as the pre-determined point. See paragraph 3 above. |
Appendix 2 to OPS 1.255
Fuel policy
Location of the 3 % En-Route Alternate (3 % ERA) aerodrome for the purposes of reducing contingency fuel to 3 % (See Appendix 1 to OPS 1.255 (1.3)(a)(ii) and OPS 1.192).
The 3 % ERA aerodrome shall be located within a circle having a radius equal to 20 % of the total flight plan distance, the centre of which lies on the planned route at a distance from the destination aerodrome of 25 % of the total flight plan distance, or at least 20 % of the total flight plan distance plus 50 nm, whichever is greater, all distances are to be calculated in still air conditions (see figure 1).
Figure 1
Location of the 3 % en-route alternate (3 % ERA) aerodrome for the purposes of reducing contingency fuel to 3 %
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. |
the minimum required number of cabin crew specified by OPS 1.990 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 1.311
Minimum number of cabin crew required to be on board an aeroplane during ground operations with passengers
When operating under OPS 1.311 an operator shall establish operational procedures to ensure that:
1. |
electrical power is available on the aeroplane; |
2. |
a means of initiating an evacuation is available to the senior cabin crew member, or at least one member of the flight crew is on the flight deck; |
3. |
cabin crew stations and associated duties are specified in the operations manual; and |
4. |
cabin crew remain aware of the position of servicing and loading vehicles at and near the exits. |
SUBPART E
ALL WEATHER OPERATIONS
OPS 1.430
Aerodrome operating minima — General
(See Appendix 1 (old) and Appendix 1 (new) to OPS 1.430)
(a)1. |
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(Old) or Appendix 1 (New) as applicable. 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. The use of HUD, HUDLS or EVS may allow operations with lower visibilities than normally associated with the aerodrome operating minima. States which promulgate aerodrome operating minima may also promulgate regulations for reduced visibility minima associated with the use of HUD or EVS. |
(a)2. |
Notwithstanding paragraph (a)1. above, in-flight calculation of minima for use at unplanned alternate aerodromes and/or for approaches utilising EVS shall be carried out in accordance with a method acceptable to the Authority. |
(b) |
In establishing the aerodrome operating minima which will apply to any particular operation, an operator must take full account of:
|
(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). |
(d)1. |
All approaches shall be flown as stabilised approaches (SAp) unless otherwise approved by the Authority for a particular approach to a particular runway. |
(d)2. |
All non-precision approaches shall be flown using the continuous descent final approaches (CDFA) technique unless otherwise approved by the Authority for a particular approach to a particular runway. When calculating the minima in accordance with Appendix 1 (New), the operator shall ensure that the applicable minimum RVR is increased by 200 metres (m) for Cat A/B aeroplanes and by 400 m for Cat C/D aeroplanes for approaches not flown using the CDFA technique, providing that the resulting RVR/CMV value does not exceed 5 000 m. |
(d)3. |
Notwithstanding the requirements in (d)2. above, an Authority may exempt an operator from the requirement to increase the RVR when not applying the CDFA technique. |
(d)4. |
Exemptions as described in paragraph (d)3. must be limited to locations where there is a clear public interest to maintain current operations. The exemptions must be based on the operator's experience, training programme and flight crew qualification. The exemptions must be reviewed at regular intervals and must be terminated as soon as facilities are improved to allow application of the CDFA technique. |
(e)1. |
An operator must ensure that either Appendix 1 (Old) or Appendix 1 (New) to OPS 1.430 is applied. However, an operator must ensure that Appendix 1 (New) to OPS 1.430 is applied not later than three years after publication date. |
(e)2. |
Notwithstanding the requirements in (e)1. above, an Authority may exempt an operator from the requirement to increase the RVR above 1 500 m (Cat A/B aeroplanes) or above 2 400 m (Cat C/D aeroplanes), when approving an operation to a particular runway where it is not practicable to fly an approach using the CDFA technique or where the criteria in paragraph (c) of Appendix 1 (New) to OPS 1.430 cannot be met. |
(e)3. |
Exemptions as described in paragraph (e)2. must be limited to locations where there is a clear public interest to maintain current operations. The exemptions must be based on the operator's experience, training programme and flight crew qualification. The exemptions must be reviewed at regular intervals and must be terminated as soon as facilities are improved to allow application of the CDFA technique. |
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 Lower than Standard Category I, Other than Standard Category II, 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. |
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. |
9. |
“Continuous descent final approach (CDFA)”. A specific technique for flying the final-approach segment of a non-precision instrument approach procedure as a continuous descent, without level-off, from an altitude/height at or above the Final Approach Fix altitude / height to a point approximately 15 m (50 feet) above the landing runway threshold or the point where the flare manoeuvre should begin for the type of aeroplane flown. |
10. |
“Stabilised approach (SAp)”. An approach which is flown in a controlled and appropriate manner in terms of configuration, energy and control of the flight path from a pre-determined point or altitude/height down to a point 50 feet above the threshold or the point where the flare manoeuvre is initiated if higher. |
11. |
“Head-up display (HUD)”. A display system which presents flight information into the pilot's forward external field of view and which does not significantly restrict the external view. |
12. |
“Head-up guidance landing system (HUDLS)”. The total airborne system which provides head-up guidance to the pilot during the approach and landing and/or go-around. It includes all sensors, computers, power supplies, indications and controls. A HUDLS is typically used for primary approach guidance to decision heights of 50 ft. |
13. |
“Hybrid head-up display landing system (hybrid HUDLS)”. A system which consists of a primary fail-passive automatic landing system and a secondary independent HUD/HUDLS enabling the pilot to complete a landing manually after failure of the primary system. Note: Typically, the secondary independent HUD/HUDLS provides guidance which normally takes the form of command information, but it may alternatively be situation (or deviation) information. |
14. |
“Enhanced vision system (EVS)”. An electronic means of displaying a real-time image of the external scene through the use of imaging sensors. |
15. |
“Converted meteorological visibility (CMV)”. A value (equivalent to an RVR) which is derived from the reported meteorological visibility, as converted in accordance with the requirements in this subpart. |
16. |
“Lower than Standard Category I Operation”. A Category I Instrument Approach and Landing Operation using Category I DH, with an RVR lower than would normally be associated with the applicable DH. |
17. |
“Other than Standard Category II Operation”. A Category II Instrument Approach and Landing Operation to a runway where some or all of the elements of the ICAO Annex 14 Precision Approach Category II lighting system are not available. |
18. |
“GNSS landing system (GLS)”. An approach operation using augmented GNSS information to provide guidance to the aircraft based on its lateral and vertical GNSS position. (It uses geometric altitude reference for its final approach slope). |
OPS 1.440
Low visibility operations — General operating rules
(See Appendix 1 to OPS 1.440)
(a) |
An operator shall not conduct Category II, Other than Standard Category II or III operations unless:
|
(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. |
(c) |
An operator shall not conduct lower than Standard Category I operations 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, lower than Standard Category I, other than Standard Category II, Category II and III operations or approaches utilising EVS:
1. |
Each flight crew member:
|
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, approaches utilising EVS, Lower than Standard Category I, other than Standard Category II, 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:
|
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, a lower than Standard Category I approach, an Other than Standard Category II approach, an approach utilising EVS, 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 (Old) to OPS 1.430
Aerodrome operating minima
(a) |
Take-off minima
|
(b) |
Non-precision approach
|