This document is an excerpt from the EUR-Lex website
Document L:2018:326:FULL
Official Journal of the European Union, L 326, 20 December 2018
Official Journal of the European Union, L 326, 20 December 2018
Official Journal of the European Union, L 326, 20 December 2018
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 326 |
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English edition |
Legislation |
Volume 61 |
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(1) Text with EEA relevance. |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
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20.12.2018 |
EN |
Official Journal of the European Union |
L 326/1 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/1974
of 14 December 2018
amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulation (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 23 thereof,
Whereas:
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(1) |
Commission Regulation (EU) No 1178/2011 (2) lays down technical requirements for the certification of flight simulation training devices, the certification of pilots involved in the operation of certain aircraft, and the certification of persons and organisations involved in the pilot training, testing and checking. |
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(2) |
Since the last decade, aeroplane upset or loss of control have been identified among the major risk factors that could lead to fatal accidents in commercial air transport operations and its prevention became a strategic priority in Europe (3) and at a global level. This included new training requirements to better prepare pilots for adverse situations of aircraft upset and loss of control. |
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(3) |
By Commission Regulation (EU) 2015/445 (4), the existing training requirements for commercial pilots were updated to include upset prevention and recovery training (UPRT) as a mandatory constituent of the theoretical knowledge of pilots. Further detailed training elements and training objectives are needed to improve pilot competencies for both prevention of and recovery from aeroplane upsets that can lead to a loss of control and, eventually, to a fatal accident. |
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(4) |
UPRT needs to be integrated at various stages of a professional pilot's career and should be reflected in the privileges stated in the individual pilot licence. A well-developed and well-maintained competence of professional pilots in upset prevention and recovery should be ensured. UPRT should become a mandatory part of the multi-crew pilot licence (MPL) training course and the integrated training course for airline transport pilots for aeroplanes (ATP(A)) and a training course for a commercial pilot licence for aeroplanes (CPL(A)) as well as for class and type-ratings for single-pilot aeroplanes operated in multi-pilot operations, single-pilot non-high-performance complex, high-performance complex aeroplanes and multi-pilot aeroplanes ratings. In order to allow pilots to develop advanced competencies in upset prevention and recovery, the relevant training course should include related air exercises in an aeroplane. |
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(5) |
Further to the introduction of the new course related to the development of advanced pilot competencies in upset prevention and recovery, the requirements for instructor certificates should be revised in order to ensure that persons instructing on this course are appropriately qualified. |
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(6) |
This Regulation reflects the provisions adopted by the International Civil Aviation Organisation (ICAO) in 2014 on UPRT for multi-crew pilot licences and for multi-pilot aeroplane type ratings through the amendment to Annex 1 to the Chicago Convention on Personnel Licensing. |
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(7) |
It is in the interest of aviation safety that the new UPRT elements should be implemented as soon as possible. Transitional provisions should be put in place to allow training courses that have started before these UPRT-related amendments to the requirements on pilot training become effective, to be completed without any further adaptation. In this context, it should be considered that pilots flying for commercial air operators in accordance with Commission Regulation (EU) No 965/2012 (5) need to undergo regular operator training which already today contains UPRT elements. Additionally, pilot training organisations should be given a transitional period to adapt their training programmes to comply with the new UPRT requirements. At the end of that transitional period, all relevant training courses should be conducted in accordance with the new UPRT requirements. |
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(8) |
Negotiations between the Union and certain third countries are currently still ongoing, including on the conversion of pilot licences and associated medical certificates. In order to ensure that Member States may continue to recognise third country licences and medical certificates for an interim period in light of those negotiations, it is necessary to prolong the period during which Member States may decide not to apply the provisions of Regulation (EU) No 1178/2011 in their territory to pilots holding a licence and associated medical certificate issued by a third country involved in the non-commercial operation of certain aircraft. |
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(9) |
The European Union Aviation Safety Agency submitted draft implementing rules to the European Commission together with its Opinion No 06/2017. |
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(10) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 1178/2011 is amended as follows:
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(1) |
after Article 4a, the following Article 4b is inserted: ‘Article 4b Upset prevention and recovery training 1. Upset prevention and recovery training shall become a mandatory part of a training course for a multi-crew pilot licence (MPL), an integrated training course for airline transport pilots for aeroplanes (ATP(A)), a training course for a commercial pilot licence for aeroplanes (CPL(A)) and training courses for a class or type rating for:
in accordance with Annex I (Part-FCL). 2. For training courses referred to in paragraph 1 that commence before 20 December 2019 at an approved training organisation (ATO), upset prevention and recovery training shall not be mandatory provided that:
For the purpose of paragraph 1, the competent authority may on its own assessment and pursuant to a recommendation from an ATO give credit for any upset prevention and recovery training completed before 20 December 2019 under national training requirements.’; |
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(2) |
in Article 12, paragraph 4 is replaced by the following: ‘4. By way of derogation from paragraph 1, Member States may decide not to apply the provisions of this Regulation until 20 June 2020, to pilots holding a licence and associated medical certificate issued by a third country involved in the non-commercial operation of aircraft as specified in Article 2(1)(b), points (i) or (ii), of Regulation (EU) 2018/1139. Member States shall make those decisions publicly available.’; |
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(3) |
Article 12, paragraph 8, is replaced by the following: ‘8. By way of derogation from paragraph 1, point FCL.315.A, the second sentence of paragraph (a) of point FCL.410.A and paragraph (c) of point FCL.725.A of Annex I (Part-FCL) shall apply from 20 December 2019.’; |
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(4) |
Annex I to Regulation (EU) No 1178/2011 is amended in accordance with the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However:
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(a) |
Article 1(1) shall apply from 20 December 2019. |
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(b) |
Article 1(4) shall apply from 20 December 2019. |
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Notwithstanding point (b) above, points (2), (4), (5) and (12) of the Annex to this Regulation shall apply from 31 January 2022. |
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2018.
For the Commission
Violeta BULC
Member of the Commission
(1) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).
(2) Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).
(3) European Plan for Aviation Safety 2018-2022, pt. 5.3.1, p. 33.
(4) Commission Regulation (EU) 2015/445 of 17 March 2015 amending Regulation (EU) No 1178/2011 as regards technical requirements and administrative procedures related to civil aviation aircrew (OJ L 74, 18.3.2015, p. 1).
(5) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).
ANNEX
Annex I to Regulation (EU) No 1178/2011 (Part-FCL) is amended as follows:
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(1) |
Point FCL.010 is amended as follows:
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(2) |
Point FCL.310 is replaced by the following: ‘FCL.310 CPL — Theoretical knowledge examinations Applicants for the issue of a CPL shall demonstrate a level of knowledge appropriate to the privileges granted in the following subjects:
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(3) |
Point FCL.410.A is replaced by the following: ‘FCL.410.A MPL – Training course and theoretical knowledge examinations (a) Course Applicants for the issue of an MPL shall have completed a training course of theoretical knowledge and flight instruction at an ATO in accordance with Appendix 5 to this Annex (Part-FCL). (b) Examination Applicants for the issue of an MPL shall demonstrate a level of theoretical knowledge appropriate to the holders of an ATPL(A), in accordance with FCL.515, and to a multi-pilot type rating.’; |
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(4) |
Point FCL.515 is replaced by the following: ‘FCL.515 ATPL — Training course and theoretical knowledge examinations (a) Course Applicants for an ATPL shall have completed a training course at an ATO. The course shall be either an integrated training course or a modular course, in accordance with Appendix 3 to this Annex (Part-FCL). (b) Examination Applicants for the issue of an ATPL shall demonstrate a level of knowledge appropriate to the privileges granted in the following subjects:
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(5) |
Point FCL.615 is replaced by the following: ‘FCL.615 IR — Theoretical knowledge and flight instruction (a) Course Applicants for an IR shall have completed a course of theoretical knowledge and flight instruction at an ATO. The course shall be:
(b) Examination Applicants shall demonstrate a level of theoretical knowledge appropriate to the privileges granted in the following subjects:
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(6) |
Point FCL.725 paragraph (d) is replaced by the following:
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(7) |
Point FCL.720.A is replaced by the following: ‘FCL.720.A Experience requirements and prerequisites for the issue of class or type ratings — aeroplanes Unless otherwise determined in the operational suitability data established in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012 (OSD), applicants for the issue of a class or type rating shall comply with the following experience requirements and prerequisites for the issue of the relevant rating: (a) Single-pilot aeroplanes Applicants for the issue of a first class or type rating on a single-pilot aeroplane seeking the privilege to operate the aeroplane in multi-pilot operations shall meet the requirements in points (b)(4) and (b)(5). Additionally, for: (1) Single-pilot multi-engine aeroplanes Applicants for the issue of a first class or type rating on a single-pilot multi-engine aeroplane shall have completed at least 70 hours as PIC in aeroplanes. (2) Single-pilot high-performance non-complex aeroplanes Before starting flight training, applicants for the issue of a class or type rating for a single-pilot aeroplane classified as a high-performance aeroplane shall:
(3) Single-pilot high-performance complex aeroplanes Applicants for the issue of a type rating for a complex single-pilot aeroplane classified as a high-performance aeroplane shall, in addition to meeting the requirements in point (2), hold or have held a single- or multi-engine IR(A), as appropriate and as established in Subpart G and shall meet the requirements in point (b)(5). (b) Multi-pilot aeroplanes Applicants for the issue of the first type rating course for a multi-pilot aeroplane shall be student pilots currently undergoing training on an MPL training course or comply with the following requirements:
(c) Notwithstanding point (b), a Member State may issue a type rating with restricted privileges for a multi-pilot aeroplane that allows holders of such a rating to act as cruise relief co-pilots above Flight Level 200, provided that two other members of the crew have a type rating in accordance with point (b). (d) When so determined in the OSD, the exercise of the privileges of a type rating may be initially limited to flight under the supervision of an instructor. The flight hours under supervision shall be entered in the pilots' logbook or equivalent record and signed by the instructor. The limitation shall be removed when pilots demonstrate that the hours of flight under supervision required in the OSD have been completed.’; |
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(8) |
Point FCL.725.A is replaced by the following: ‘FCL.725.A Theoretical knowledge and flight instruction for the issue of class and type ratings — aeroplanes Unless otherwise determined in in the operational suitability data established in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012:
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(9) |
A new point FCL.745.A is inserted as follows: ‘FCL.745.A Advanced UPRT course — aeroplanes
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(10) |
Point (b)(1) of point FCL.900 is replaced by the following:
Such a certificate shall be limited to the training flights necessary for the introduction of the new type of aircraft or the new training course and its validity shall not, in any case, exceed 1 year.’; |
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(11) |
Point FCL.915 is amended as follows: ‘FCL.915 General prerequisites and requirements for instructors (a) General Applicants for the issue of an instructor certificate shall be at least 18 years of age. (b) Additional requirements for instructors providing flight instruction in aircraft Applicants for the issue of or holders of an instructor certificate with privileges to conduct flight instruction in an aircraft shall:
(c) Credit towards further ratings and for the purpose of revalidation
(d) Credit for extension to further types shall take into account the relevant elements as defined in the operational suitability data established in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012 (OSD). (e) Additional requirements for instructing in a training course in accordance with FCL.745.A:
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(12) |
Appendix 1 is replaced by the following: ‘Appendix 1 Crediting of theoretical knowledge CREDITING OF THEORETICAL KNOWLEDGE IN THE SAME OR ANOTHER CATEGORY OF AIRCRAFT — BRIDGE INSTRUCTION AND EXAMINATION REQUIREMENTS 1. LAPL, PPL, BPL and SPL 1.1. For the issue of an LAPL, holders of an LAPL in another category of aircraft shall be fully credited with theoretical knowledge on the common subjects established in FCL.120(a). 1.2. Without prejudice to paragraph 1.1., for the issue of an LAPL, a PPL, a BPL or an SPL, holders of a licence in another category of aircraft shall receive theoretical knowledge instruction and pass theoretical knowledge examinations to the appropriate level in the following subjects:
1.3. For the issue of a PPL, a BPL or an SPL, holders of an LAPL in the same category of aircraft shall be credited in full towards the theoretical knowledge instruction and examination requirements. 1.4. Notwithstanding point 1.2, for the issue of an LAPL(A), holders of an LAPL(S) with TMG extension shall demonstrate an adequate level of theoretical knowledge for the SEP(land) class in accordance with FCL.135.A(a)(2). 2. CPL 2.1. Applicants for the issue of a CPL holding a CPL in another category of aircraft shall have received theoretical knowledge bridge instruction at an ATO on an approved course according to the differences identified between the CPL syllabi for different aircraft categories. 2.2. Applicants shall pass theoretical knowledge examinations as defined in this Annex (Part-FCL) for the following subjects in the appropriate aircraft category:
2.3. Applicants for the issue of a CPL having passed the relevant theoretical knowledge examinations for an IR in the same category of aircraft are credited towards the theoretical knowledge requirements in human performance and meteorology unless they have completed the IR training course in accordance with Appendix 6, Section Aa, to this Annex (Part-FCL). 2.4. Applicants for a CPL having passed the relevant theoretical knowledge examinations for an IR or EIR in the same category of aircraft are credited towards the theoretical knowledge requirements in the communications subject. 3. ATPL 3.1. Applicants for the issue of an ATPL holding an ATPL in another category of aircraft shall have received theoretical knowledge bridge instruction at an ATO on an approved course according to the differences identified between the ATPL syllabi for different aircraft categories. 3.2. Applicants shall pass theoretical knowledge examinations as defined in this Annex (Part-FCL) for the following subjects in the appropriate aircraft category:
3.3. Applicants for the issue of an ATPL(A) having passed the relevant theoretical examination for a CPL(A) are credited towards the theoretical knowledge requirements in the subject ‘communications’. 3.4. Applicants for the issue of an ATPL(H) having passed the relevant theoretical examinations for a CPL(H) are credited towards the theoretical knowledge requirements in the following subjects:
3.5. Applicants for the issue of an ATPL(A) having passed the relevant theoretical examination for an IR(A) are credited towards the theoretical knowledge requirements in the subject ‘communications’. 3.6. Applicants for the issue of an ATPL(H) with an IR(H) having passed the relevant theoretical examinations for a CPL(H) are credited towards the theoretical knowledge requirements in the following subjects:
4. IR 4.1. Applicants for the issue of an IR or an EIR having passed the relevant theoretical examinations for a CPL in the same aircraft category are credited towards the theoretical knowledge requirements in the following subjects:
4.2. Applicants for the issue of an IR(H) having passed the relevant theoretical examinations for an ATPL(H) VFR are required to pass the following examination subjects:
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(13) |
Appendix 3, Section A is amended as follows:
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(14) |
Appendix 5 is amended as follows:
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(15) |
Appendix 9 is replaced by the following: ‘Appendix 9 Training, skill test and proficiency check for MPL, ATPL, type and class ratings, and proficiency check for IRs A. General 1. Applicants for a skill test shall have received instruction in the same class or type of aircraft to be used in the test. The training for MPA and PL type ratings shall be conducted in an FFS or in a combination of FSTD(s) and FFS. The skill test or proficiency check for MPA and PL type ratings and the issue of an ATPL and an MPL, shall be conducted in an FFS, if available. The training, skill test or proficiency check for class or type ratings for SPA and helicopters shall be conducted in:
If FSTDs are used during training, testing or checking, the suitability of the FSTDs used shall be verified against the applicable ‘Table of functions and subjective tests’ and the applicable ‘Table of FSTD validation tests’ contained in the primary reference document applicable for the device used. All restrictions and limitations indicated on the device's qualification certificate shall be considered. 2. Failure to achieve a pass in all sections of the test in two attempts will require further training. 3. There is no limit to the number of skill tests that may be attempted. CONTENT OF THE TRAINING/SKILL TEST/PROFICIENCY CHECK 4. Unless otherwise determined in the operational suitability data established in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012 (OSD), the syllabus of flight instruction, the skill test and the proficiency check shall comply with this Appendix. The syllabus, skill test and proficiency check may be reduced to give credit for previous experience on similar aircraft types, as determined in the OSD. 5. Except in the case of skill tests for the issue of an ATPL, when so defined in the OSD for the specific aircraft, credit may be given for skill test items common to other types or variants where the pilots are qualified. CONDUCT OF THE TEST/CHECK 6. The examiner may choose between different skill test or proficiency check scenarios containing simulated relevant operations. Full-flight simulators and other training devices shall be used, as established in this Annex (Part-FCL). 7. During the proficiency check, the examiner shall verify that holders of the class or type rating maintain an adequate level of theoretical knowledge. 8. Should applicants choose to terminate a skill test for reasons considered inadequate by the examiner, they shall retake the entire skill test. If the test is terminated for reasons considered adequate by the examiner, only those sections not completed shall be tested in a further flight. 9. At the discretion of the examiner, any manoeuvre or procedure of the test may be repeated once by the applicants. The examiner may stop the test at any stage if it is considered that the applicants' demonstration of flying skill requires a complete retest. 10. Applicants shall be required to fly the aircraft from a position where the PIC or co-pilot functions, as relevant, can be performed. Under single-pilot conditions, the test shall be performed as if there was no other crew member present. 11. During preflight preparation for the test, applicants are required to determine power settings and speeds. Applicants shall indicate to the examiner the checks and duties carried out, including the identification of radio facilities. Checks shall be completed in accordance with the checklist for the aircraft on which the test is being taken and, if applicable, with the MCC concept. Performance data for take-off, approach and landing shall be calculated by applicants in compliance with the operations manual or flight manual for the aircraft used. Decision heights/altitudes, minimum descent heights/altitudes and missed approach point shall be agreed upon with the examiner. 12. The examiner shall take no part in the operation of the aircraft except where intervention is necessary in the interests of safety or to avoid unacceptable delay to other traffic. SPECIFIC REQUIREMENTS FOR THE SKILL TEST/PROFICIENCY CHECK FOR MULTI-PILOT AIRCRAFT TYPE RATINGS, FOR SINGLE-PILOT AEROPLANE TYPE RATINGS WHEN OPERATED IN MULTI-PILOT OPERATIONS, FOR MPL AND ATPL 13. The skill test for a multi-pilot aircraft or a single-pilot aeroplane when operated in multi-pilot operations shall be performed in a multi-crew environment. Another applicant or another type rated qualified pilot may function as the second pilot. If an aircraft is used, the second pilot shall be the examiner or an instructor. 14. Applicants shall operate as PF during all sections of the skill test, except for abnormal and emergency procedures, which may be conducted as PF or PM in accordance with MCC. Applicants for the initial issue of a multi-pilot aircraft type rating or ATPL shall also demonstrate the ability to act as PM. Applicants may choose either the left-hand or the right-hand seat for the skill test if all items can be executed from the selected seat. 15. The following matters shall be specifically checked by the examiner for applicants for the ATPL or a type rating for multi-pilot aircraft or for multi-pilot operations in a single-pilot aeroplane extending to the duties of a PIC, irrespective of whether the applicants act as PF or PM:
16. The test or check should be accomplished under IFR, if the IR rating is included, and as far as possible be accomplished in a simulated commercial air transport environment. An essential element to be checked is the ability to plan and conduct the flight from routine briefing material. 17. When the type rating course has included less than 2 hours of flight training in the aircraft, the skill test may be conducted in an FFS and may be completed before the flight training in the aircraft. The approved flight training shall be performed by a qualified instructor under the responsibility of:
A certificate of completion of the type rating course including the flight training in the aircraft shall be forwarded to the competent authority before the new type rating is entered in the applicants' licence. 18. For the upset recovery training, ‘stall event’ means either an approach-to-stall or a stall. An FFS can be used by the ATO to either train recovery from a stall or demonstrate the type-specific characteristics of a stall, or both, provided that:
B. Specific requirements for the aeroplane category PASS MARKS 1. In the case of single-pilot aeroplanes, with the exception of single-pilot high-performance complex aeroplanes, applicants shall pass all sections of the skill test or proficiency check. Failure in any item of a section will cause applicants to fail the entire section. If they fail only one section, they shall repeat only that section. Failure in more than one section will require applicants to repeat the entire test or check. Failure in any section in the case of a retest or recheck, including those sections that have been passed on a previous attempt, will require applicants to repeat the entire test or check again. For single-pilot multi-engine aeroplanes, Section 6 of the relevant test or check, addressing asymmetric flight, shall be passed. 2. In the case of multi-pilot and single-pilot high-performance complex aeroplanes, applicants shall pass all sections of the skill test or proficiency check. Failure in more than five items will require applicants to take the entire test or check again. Applicants failing 5 or fewer items shall take the failed items again. Failure in any item on the retest or recheck, including those items that have been passed on a previous attempt, will require applicants to repeat the entire check or test again. Section 6 is not part of the ATPL or MPL skill test. If applicants only fail or do not take Section 6, the type rating will be issued without CAT II or CAT III privileges. To extend the type rating privileges to CAT II or CAT III, applicants shall pass the Section 6 on the appropriate type of aircraft. FLIGHT TEST TOLERANCE 3. Applicants shall demonstrate the ability to:
4. The following limits shall apply, corrected to make allowance for turbulent conditions and the handling qualities and performance of the aeroplane used:
CONTENT OF THE TRAINING/SKILL TEST/PROFICIENCY CHECK 5. Single-pilot aeroplanes, except for high-performance complex aeroplanes
6. Multi-pilot aeroplanes and single-pilot high-performance complex aeroplanes
7. Class ratings — sea Section 6 shall be completed to revalidate a multi-engine class rating sea, VFR only, where the required experience of 10 route sectors within the previous 12 months has not been completed.
C. Specific requirements for the helicopter category 1. In the case of skill test or proficiency check for type ratings and the ATPL, applicants shall pass Sections 1 to 4 and 6 (as applicable) of the skill test or proficiency check. Failure in more than five items will require applicants to repeat the entire test or check. Applicants failing not more than five items shall repeat the failed items. Failure in any item in the case of a retest or a recheck or failure in any other items already passed will require the applicants to repeat the entire test or check again. All sections of the skill test or proficiency check shall be completed within 6 months. 2. In the case of proficiency check for an IR, applicants shall pass Section 5 of the proficiency check. Failure in more than 3 items will require applicants to repeat the entire Section 5. Applicants failing not more than 3 items shall repeat the failed items. Failure in any item in the case of a recheck or failure in any other items of Section 5 already passed will require applicants to repeat the entire check. FLIGHT TEST TOLERANCE 3. Applicants shall demonstrate the ability to:
4. The following limits shall apply, corrected to make allowance for turbulent conditions and the handling qualities and performance of the helicopter used.
CONTENT OF THE TRAINING/SKILL TEST/PROFICIENCY CHECK GENERAL 5. The following symbol means:
6. The practical training shall be conducted at least at the training equipment level shown as (P), or may be conducted up to any higher equipment level shown by the arrow (---->). The following abbreviations are used to indicate the training equipment used:
7. The starred items (*) shall be flown in actual or simulated IMC, only by applicants wishing to renew or revalidate an IR(H) or extend the privileges of that rating to another type. 8. Instrument flight procedures (Section 5) shall be performed only by applicants wishing to renew or revalidate an IR(H) or extend the privileges of that rating to another type. An FFS or an FTD 2/3 may be used for this purpose. 9. Where the letter ‘M’ appears in the skill test or proficiency check column, this will indicate a mandatory exercise. 10. An FSTD shall be used for practical training and testing if the FSTD forms part of a type rating course. The following considerations will apply to the course:
MULTI-PILOT HELICOPTERS 11. Applicants for the skill test for the issue of the multi-pilot helicopter type rating and ATPL(H) shall pass only Sections 1 to 4 and, if applicable, Section 6. 12. Applicants for the revalidation or renewal of the multi-pilot helicopter type rating proficiency check shall pass only Sections 1 to 4 and, if applicable, Section 6.
D. Specific requirements for the powered-lift aircraft category 1. In the case of skill tests or proficiency checks for powered-lift aircraft type ratings, applicants shall pass Sections 1 to 5 and 6 (as applicable) of the skill test or proficiency check. Failure in more than five items will require applicants to repeat the entire test or check. Applicants failing not more than five items shall repeat the failed items. Failure in any item in the case of a retest or a recheck or failure in any other items already passed will require applicants to repeat the entire test or check. All sections of the skill test or proficiency check shall be completed within 6 months. FLIGHT TEST TOLERANCE 2. Applicants shall demonstrate the ability to:
3. The following limits shall apply, corrected to make allowance for turbulent conditions and the handling qualities and performance of the powered-lift aircraft used.
CONTENT OF THE TRAINING/SKILL TEST/PROFICIENCY CHECK 4. The following symbol means:
5. The practical training shall be conducted at least at the training equipment level shown as (P), or may be conducted up to any higher equipment level shown by the arrow (---->). 6. The following abbreviations are used to indicate the training equipment used:
7. Where the letter ‘M’ appears in the skill test or proficiency check column, this will indicate a mandatory exercise. 8. FSTDs shall be used for practical training and testing if they form part of an approved type rating course. The following considerations will apply to the approval of the course:
E. Specific requirements for the airship category 1. In the case of skill tests or proficiency checks for airship type ratings, applicants shall pass Sections 1 to 5 and 6 (as applicable) of the skill test or proficiency check. Failure in more than five items will require applicants to repeat the entire test or check. Applicants failing not more than five items shall take the failed items again. Failure in any item in the case of a retest or a recheck, or failure in any other items already passed will require applicants to repeat the entire test or check again. All sections of the skill test or proficiency check shall be completed within 6 months. FLIGHT TEST TOLERANCE 2. Applicants shall demonstrate the ability to:
3. The following limits shall apply, corrected to make allowance for turbulent conditions and the handling qualities and performance of the airship used.
CONTENT OF THE TRAINING/SKILL TEST/PROFICIENCY CHECK 4. The following symbol means:
5. The practical training shall be conducted at least at the training equipment level shown as (P), or may be conducted up to any higher equipment level shown by the arrow (---->). 6. The following abbreviations are used to indicate the training equipment used:
7. Where the letter ‘M’ appears in the skill test or proficiency check column, this will indicate a mandatory exercise. 8. FSTDs shall be used for practical training and testing if they form part of a type rating course. The following considerations will apply to the course:
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20.12.2018 |
EN |
Official Journal of the European Union |
L 326/53 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/1975
of 14 December 2018
amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 31 thereof,
Whereas:
|
(1) |
Commission Regulation (EU) No 965/2012 (2) establishes the conditions for the safety of several types of air operations with different categories of aircraft, including sailplane operations. |
|
(2) |
Operators involved in the operation of aircraft referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139 are required to comply with the relevant essential requirements set out in Annex V to that Regulation. |
|
(3) |
Commission Implementing Regulation (EU) 2018/1976 (3) lays down specific rules for the operation of sailplanes. From the date of application of that Regulation, such operations should no longer be subject to the general rules for air operations laid down in Regulation (EU) No 965/2012. However, the rules in respect of oversight of air operations by the competent authorities of the Member States, set out in Article 3 of Regulation (EU) No 965/2012 and Annex II thereto, should continue to apply with respect to air operations with sailplanes, as those requirements are not specific to any particular air operation activity but apply horizontally in respect of all such activities. |
|
(4) |
Regulation (EU) No 965/2012 should therefore be amended accordingly, so as to take account of the new rules applicable to operations with sailplanes and to clarify which provisions of that Regulation continue applying to operations with sailplanes. |
|
(5) |
Considering the close link between provisions of Implementing Regulation (EU) 2018/1976 and provisions of this Regulation, their date of application should be aligned. |
|
(6) |
In 2014, ICAO introduced in Annex 6, Part I and Part III, Section II, provisions for the use of electronic flight bags for commercial air transport operations. Those provisions contain generic requirements for the use of electronic flight bags and also a requirement for an operational approval for the use of electronic flight bag applications used for the safe operation of aircraft. Therefore it is necessary to align Regulation (EU) No 965/2012 with ICAO provisions by introducing a new rule containing generic requirements for the use of electronic flight bags for commercial air transport and new provisions supporting an operational approval for the use of electronic flight bag applications that have a failure condition classified as minor or below. |
|
(7) |
In 2014, ICAO also introduced in Annex 6, Part II and Part III, Section III, provisions for the use of electronic flight bags in general aviation. Those provisions contain generic requirements for the use of electronic flight bags and also a requirement for Contracting States to establish criteria for the use of electronic flight bag applications used for the safe operation of aircraft. Therefore it is necessary to align Regulation (EU) No 965/2012 with ICAO provisions by introducing for non-commercial operations with complex motor-powered aircraft and for specialised operations with complex motor-powered aircraft new rules containing generic requirements for the use of electronic flight bags and requirements for the use of electronic flight bag applications with a failure condition classified as minor or below. Furthermore, this Regulation amends Regulation (EU) No 965/2012 by aligning the requirements for portable electronic devices for non-commercial operations with other-than-complex motor-powered aircraft with the generic ICAO provisions for electronic flight bag equipment. |
|
(8) |
The European Union Aviation Safety Agency prepared draft implementing rules related to specific rules for the operation of sailplanes and submitted them as an opinion (4) to the Commission in accordance with points (b) and (c) of Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139. |
|
(9) |
The European Union Aviation Safety Agency prepared draft implementing rules related to the use of electronic flight bags and submitted them as an opinion (5) to the Commission in accordance with points (b) and (c) of Article 75(2) and Article 76(1) Regulation (EU) 2018/1139. |
|
(10) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) No 965/2012
Regulation (EU) No 965/2012 is amended as follows:
|
(1) |
Article 1 is amended as follows:
|
|
(2) |
Article 2 is amended as follows:
|
|
(3) |
Article 5 is amended as follows:
|
|
(4) |
Article 6 is amended as follows:
|
|
(5) |
Article 10 is amended as follows:
|
|
(6) |
Annexes I, II, III, IV, V, VI, VII and VIII are amended in accordance with the Annex to this Regulation. |
Article 2
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 9 July 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2018.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).
(3) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 (see page 64 of this Official Journal).
(4) Opinion No 07/2017 of the European Aviation Safety Agency of 23 August 2017 for a draft Commission Regulation on the revision of the operational rules for sailplanes.
(5) Opinion No 10/2017 of the European Aviation Safety Agency of 18 December 2017 for a draft Commission Regulation amending Commission Regulation (EU) No 965/2012.
ANNEX
Annexes I, II, III, IV, V, VI, VII and VIII to Regulation (EU) No 965/2012 are amended as follows:
|
(1) |
Annex I is amended as follows:
|
|
(2) |
Annex II is amended as follows:
|
|
(3) |
Annex III is amended as follows:
|
|
(4) |
Annex IV is amended as follows:
|
|
(5) |
in Annex V, the following Subpart M is inserted: ‘SUBPART M ELECTRONIC FLIGHT BAGS (EFBs) SPA.EFB.100 Use of electronic flight bags (EFBs) — operational approval
|
|
(6) |
Annex VI is amended as follows:
|
|
(7) |
Annex VII is amended as follows:
|
|
(8) |
Annex VIII is amended as follows:
|
(*1) Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10).
(*2) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64).’;”
|
20.12.2018 |
EN |
Official Journal of the European Union |
L 326/64 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/1976
of 14 December 2018
laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 31 thereof,
Whereas:
|
(1) |
The Commission is to adopt the necessary implementing rules for establishing the conditions for the safe operation of sailplanes in accordance with Regulation (EU) 2018/1139, where such aircraft meet the conditions specified in points (b)(i) and (ii) of Article 2(1) of that Regulation. |
|
(2) |
In light of the specific nature of operations with sailplanes, there is a need for dedicated operational rules, laid down in a self-standing regulation. Those rules should be based on the general rules for air operations laid down in Commission Regulation (EU) No 965/2012 (2), but they should be restructured and simplified, so as to ensure that they are proportionate and founded on a risk-based approach, whilst ensuring that sailplane operations are carried out safely. |
|
(3) |
As regards oversight of persons and organisations, the requirements laid down in Article 3 of Regulation (EU) No 965/2012 and Annex II to that Regulation should continue to apply with respect to air operations with sailplanes. |
|
(4) |
In the interest of safety and with a view to ensuring compliance with the essential requirements laid down in Annex V to Regulation (EU) 2018/1139, all operators of sailplanes covered by this Regulation, with the exception of design or production organisations performing certain operations, should be subject to a set of basic requirements. |
|
(5) |
Taking into account the less complex nature and smaller scale of commercial operations with sailplanes as compared to other forms of commercial aviation and following a risk-based approach, it is appropriate for commercial operations with sailplanes to only require a prior declaration to the competent authority, as set out in point (a) of Article 30(1) of Regulation (EU) 2018/1139. This Regulation lays down the detailed rules for making such declarations. |
|
(6) |
Considering the specific nature of certain operations and following a risk-based approach it is appropriate to exempt certain operations with sailplanes from the requirement of a prior declaration. |
|
(7) |
In order to ensure a smooth transition and to give all parties concerned sufficient time to prepare for the application of that new regime, this Regulation should only apply six months after entry into force. |
|
(8) |
The European Union Aviation Safety Agency prepared draft implementing rules and submitted them as an opinion (3) to the Commission in accordance with points (b) and (c) of Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139. |
|
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
This Regulation lays down detailed rules for air operations with sailplanes, where such aircraft meet the conditions laid down in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.
Article 2
Definitions
For the purpose of this Regulation, the definitions set out in Annex I and the following definitions shall apply:
|
(1) |
‘sailplane’ means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine; |
|
(2) |
‘engine’ means a device used or intended to be used for powered sailplane propulsion; |
|
(3) |
‘powered sailplane’ means a sailplane equipped with one or more engines having, with engine(s) inoperative, the characteristics of a sailplane; |
|
(4) |
‘commercial operation’ means any operation of a sailplane, in return for remuneration or other valuable consideration, which is available for the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator; |
|
(5) |
‘competition flight’ means any air operation with a sailplane performed for the purposes of participating in air races or contests, including practising for such operation and flying to and from air races or contests; |
|
(6) |
‘flying display’ means any air operation with a sailplane performed for the purposes of providing an exhibition or entertainment at an advertised event open to the public, including practising for such operation and flying to and from the advertised event; |
|
(7) |
‘introductory flight’ means any air operation with a sailplane against remuneration or other valuable consideration consisting of an air tour of short duration for the purpose of attracting new trainees or new members, performed either by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011 (4) or by an organisation created with the aim of promoting aerial sport or leisure aviation; |
|
(8) |
‘aerobatic flight’ means an intentional manoeuvre involving an abrupt change in a sailplane's attitude, an abnormal attitude or abnormal acceleration, not necessary for normal flight or for instruction for licences, certificates or ratings other than the aerobatic rating; |
|
(9) |
‘principal place of business’ means the head office or registered office of an operator of a sailplane within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised; |
|
(10) |
‘dry lease agreement’ means an agreement between undertakings pursuant to which a sailplane is operated under the responsibility of the lessee. |
Article 3
Air operations
1. Operators of sailplanes shall operate the sailplanes in accordance with the requirements set out in Annex II.
The first subparagraph shall not apply to design or production organisations which comply with Articles 8 and 9, respectively, of Commission Regulation (EU) No 748/2012 (5) and which operate the sailplane, within the scope of their privileges, for the purposes of the introduction or modification of sailplane types.
2. In accordance with point (a) of Article 30(1) of Regulation (EU) 2018/1139 operators of sailplanes shall engage in commercial operations only after having declared to the competent authority their capacity and means to discharge the responsibilities associated with the operation of the sailplane.
The first subparagraph shall not apply to the following operations with sailplanes:
|
(a) |
cost-shared operations, provided that the direct costs of the flight of the sailplane and a proportionate part of the annual costs incurred for the storage, insurance and maintenance of the sailplane are shared by the individuals on board; |
|
(b) |
competition flights or flying displays, provided that the remuneration or any other valuable consideration for such flights is limited to the recovery of the direct costs of the flight of the sailplane and a proportionate part of the annual costs incurred for the storage, insurance and maintenance of the sailplane and that any prizes gained do not exceed the value specified by the competent authority; |
|
(c) |
introductory flights, flights for the purposes of parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created for the purposes of promoting aerial sport or leisure aviation, provided that the organisation operates the sailplane on the basis of either ownership or a dry lease agreement, that the flight does not generate profits distributed outside of the organisation and that such flights represent only a marginal activity of the organisation; |
|
(d) |
training flights, performed by a training organisation having its principal place of business in a Member State and referred to in Article 10a of Regulation (EU) No 1178/2011. |
Article 4
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 9 July 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2018.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).
(3) Opinion No 07/2017 of the European Aviation Safety Agency of 23 August 2017 for a draft Commission Regulation on the revision of the operational rules for sailplanes.
(4) Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).
(5) Commission Regulation (EU) No 748/2012 of 3 August 2012 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 (OJ L 224, 21.8.2012, p. 1).
ANNEX I
DEFINITIONS
[PART-DEF]
For the purpose of Annex II, the following definitions shall apply:
|
1. |
‘acceptable means of compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts; |
|
2. |
‘alternative means of compliance (AltMoC)’ means those means that propose an alternative to an existing AMC or those that propose new means to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts for which no associated AMC have been adopted by the Agency; |
|
3. |
‘pilot-in-command (PIC)’ means the pilot designated as being in command and charged with the safe conduct of the flight; |
|
4. |
‘aircraft flight manual (AFM)’ means the document containing the applicable and approved operating limitations and information with respect to the sailplane; |
|
5. |
‘psychoactive substances’ means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, with the exception of caffeine and tobacco; |
|
6. |
‘critical phases of flight’ means take-off run, take-off flight path, final approach, missed approach, landing, including landing roll, and any other phases of flight which the pilot-in-command determines as critical for the safe operation of the sailplane; |
|
7. |
‘operating site’ means a site, other than an aerodrome, selected by the pilot-in-command or the operator for landing or take-off; |
|
8. |
‘crew member’ means a person assigned by an operator to perform duties on board the sailplane, when not the pilot-in-command himself or herself, under the authority of the pilot-in-command; |
|
9. |
‘electronic flight bag (EFB)’ means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties; |
|
10. |
‘dangerous goods’ means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the technical instructions or which are classified according to those instructions; |
|
11. |
‘technical instructions’ means the latest effective edition of the ‘Technical instructions for the safe transport of dangerous goods by air’, including the supplement and any addenda, published by ICAO in document 9284-AN/905; |
|
12. |
‘sailplane specialised operation’ means any operation, which can be commercial or non-commercial, with a sailplane the main purpose of which is not associated with typical sport and recreational operations, but parachute operations, news media flights, television or movie flights, flying display or similar specialised activities; |
|
13. |
‘night’ means the period between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the centre of the sun's disc is 6 degrees below the horizon and begins in the morning when the centre of the sun's disc is 6 degrees below the horizon. |
ANNEX II
SAILPLANE AIR OPERATIONS
[PART-SAO]
SUBPART GEN
GENERAL REQUIREMENTS
SAO.GEN.100 Scope
In accordance with Article 3, this Subpart establishes the requirements to be met by any operator of sailplanes, other than design or production organisations referred to in the second subparagraph of Article 3(1).
SAO.GEN.105 Competent authority
The competent authority shall be the authority designated by the Member State where the operator has its principal place of business or, where the operator has no principal place of business, the place where the operator is established or resides. That authority shall be subject to the requirements of Article 3 of Regulation (EU) No 965/2012 in accordance with Article 1(7) of that Regulation.
SAO.GEN.110 Demonstration of compliance
|
(a) |
An operator shall, when so requested by the competent authority which is verifying continued compliance by the operator in accordance with point ARO.GEN.300(a)(2) of Annex II to Regulation (EU) No 965/2012, demonstrate compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. |
|
(b) |
In order to demonstrate such compliance, the operator may refer to the following means:
|
SAO.GEN.115 Introductory flights
Introductory flights shall be:
|
(a) |
operated under visual flight rules (VFR) by day; and |
|
(b) |
overseen as regards their safety by a person who has been nominated by the organisation responsible for the introductory flights. |
SAO.GEN.120 Immediate reaction to a safety problem
The operator shall implement:
|
(a) |
safety measures mandated by the competent authority in accordance with point (c) of point ARO.GEN.135 of Annex II to Regulation (EU) No 965/2012; and |
|
(b) |
airworthiness directives and other mandatory information issued by the Agency in accordance with point (h) of Article 77(1) of Regulation (EU) 2018/1139. |
SAO.GEN.125 Designation of the pilot-in-command
The operator shall designate a pilot-in-command who is qualified to act as pilot-in-command in accordance with Annex I to Regulation (EU) No 1178/2011.
SAO.GEN.130 Responsibilities of the pilot-in-command
The pilot-in-command shall:
|
(a) |
be responsible for the safety of the sailplane and of any person on board during sailplane operations; |
|
(b) |
be responsible for the initiation, continuation or termination of a flight in the interest of safety; |
|
(c) |
ensure that all applicable operational procedures and checklists are complied with; |
|
(d) |
only commence a flight if he or she is satisfied that all operational requirements are complied with, as follows:
|
|
(e) |
ensure that the pre-flight inspection has been carried out as specified in the AFM; |
|
(f) |
not perform duties on a sailplane in one of the following situations:
|
|
(g) |
refuse carriage of or disembark any person or baggage that may represent a potential hazard to the safety of the sailplane or any person carried therein; |
|
(h) |
not allow a person to be carried in the sailplane who appears to be under the influence of psychoactive substances to the extent that the safety of the sailplane or the persons therein is likely to be endangered; |
|
(i) |
ensure that during critical phases of flight or whenever deemed necessary in the interest of safety, all persons on board are seated and have their safety belt fastened; |
|
(j) |
during flight:
|
|
(k) |
take any action in an emergency situation that requires immediate decision and action which he or she considers necessary under the circumstances. In such cases, he or she may deviate from rules, operational procedures and methods to the extent necessary in the interest of safety; |
|
(l) |
not continue a flight beyond the nearest weather-permissible aerodrome or operating site, when his or her capacity to perform his or her duties is significantly reduced because of sickness, fatigue or lack of oxygen or any other cause; |
|
(m) |
record utilisation data and all known or suspected defects in the sailplane at the termination of the flight, or series of flights, in the aircraft technical log or journey log; |
|
(n) |
notify the safety investigation authority of the State in the territory of which the occurrence took place and the emergency services of that State without delay by the quickest available means of any accident or serious incident involving the sailplane; |
|
(o) |
submit a report of an act of unlawful interference without delay to the competent authority and inform the local authority designated by the State in the territory of which the unlawful interference took place; and |
|
(p) |
report to the appropriate air traffic services (ATS) unit, without delay, any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft. |
SAO.GEN.135 Responsibilities of crew members
|
(a) |
Any crew member shall be responsible for the proper execution of his or her duties in respect of the operation of the sailplane. |
|
(b) |
Any crew member shall not perform duties on a sailplane when incapacitated by any cause, including injury, sickness, medication, fatigue or the effects of any psychoactive substance, or if he or she feels otherwise unfit. |
|
(c) |
Any crew member shall report to the pilot-in-command both of the following:
|
SAO.GEN.140 Compliance with laws, regulations and procedures
|
(a) |
The pilot-in-command and any other crew member shall comply with the laws, regulations and procedures of those States where operations are conducted. |
|
(b) |
The pilot-in-command shall be familiar with the laws, regulations and procedures, pertinent to the performance of his or her duties, prescribed for the areas to be traversed, the aerodromes or operating sites to be used and the related air navigation facilities. |
SAO.GEN.145 Portable electronic devices
The pilot-in-command shall not permit any person to use a portable electronic device (PED) on board a sailplane, including an electronic flight bag (EFB), that adversely affects the performance of the sailplane's systems and equipment or the ability to operate it.
SAO.GEN.150 Dangerous goods
|
(a) |
The pilot-in-command shall not permit any person to carry dangerous goods on board. |
|
(b) |
Reasonable quantities of articles and substances that would otherwise be classified as dangerous goods and that are used to facilitate flight safety, where carriage on board the sailplane is advisable to ensure their timely availability for operational purposes, shall be considered authorised. |
SAO.GEN.155 Documents, manuals and information to be carried
|
(a) |
All of the following documents, manuals and information shall be carried on each flight as originals or copies:
|
|
(b) |
In addition, when a declaration is required in accordance with point SAO.DEC.100, a copy of the declaration shall be carried on each flight. |
|
(c) |
When not carried on board, all of the following documents, manuals and information shall remain available at the aerodrome or operating site as originals or copies:
|
|
(d) |
By derogation from points (a) and (b), the documents, manuals and information specified therein may be retained at the aerodrome or operating site for flights:
|
|
(e) |
When requested by the competent authority, the pilot-in-command or the operator shall make available to that authority the original documentation in the time period specified by the authority which shall not be less than 24 hours. |
SAO.GEN.160 Journey log
For each flight, or series of flights, particulars of the sailplane, its crew and each journey shall be retained in the form of a journey log or an equivalent document.
SUBPART OP
OPERATING PROCEDURES
SAO.OP.100 Use of aerodromes and operating sites
The pilot-in-command shall only use aerodromes and operating sites that are adequate for the type of sailplane and operation concerned.
SAO.OP.105 Noise abatement procedures — powered sailplanes
The pilot-in-command shall take into account operating procedures to minimise the effect of powered sailplane noise, while ensuring that safety has priority over noise abatement.
SAO.OP.110 Passenger briefing
The pilot-in-command shall ensure that before and, when appropriate, during the flight, the passenger is given a briefing on normal, abnormal and emergency procedures.
SAO.OP.115 Carriage of special categories of passengers
The pilot-in-command shall ensure that persons requiring special conditions, assistance or devices when carried on board a sailplane are carried under conditions that ensure the safety of the sailplane and of any person or property carried therein.
SAO.OP.120 Flight preparation
Before commencing a flight, the pilot-in-command shall ensure all of the following:
|
(a) |
the facilities required for the safe operation of the sailplane are adequate for the type of operation under which the flight is to be conducted; |
|
(b) |
that the meteorological conditions will allow the flight to be completed safely; |
|
(c) |
in the case of a powered sailplane and when the engine is intended to be used, the quantity of fuel or other energy is sufficient to allow the flight to be completed safely. |
SAO.OP.125 Refuelling and recharging or replacing of batteries with persons on board — powered sailplanes
When a passenger is on board a powered sailplane:
|
(a) |
the sailplane shall not be refuelled; and |
|
(b) |
the batteries used for propulsion shall not be recharged or replaced. |
SAO.OP.130 Smoking on board
No person shall smoke on board a sailplane during any phase of flight.
SAO.OP.135 Meteorological conditions
The pilot-in-command shall only commence or continue a flight if the latest available meteorological information indicates that a safe landing option remains available.
SAO.OP.140 Ice and other contaminants — ground procedures
The pilot-in-command shall only commence take-off if the sailplane is clear of any deposit that might adversely affect the performance or controllability of the sailplane, except when permitted in the AFM.
SAO.OP.145 In-flight fuel or other energy management — powered sailplanes
For powered sailplanes, the pilot-in-command shall check at regular intervals during the flight that the amount of usable fuel or other energy available is not less than that needed to ensure a safe landing.
SAO.OP.150 Use of supplemental oxygen
The pilot-in-command shall ensure that all persons on board use supplemental oxygen whenever he or she determines that, at the altitude of the intended flight, lack of oxygen might result in impairment of their faculties or harmfully affect them.
SAO.OP.155 Sailplane specialised operations
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(a) |
Before commencing a sailplane specialised operation or a series thereof, the pilot-in-command shall conduct a risk assessment, assessing the complexity of the activity in order to determine the hazards and associated risks of the intended operation and establish mitigating measures where necessary. |
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(b) |
A sailplane specialised operation shall be performed in accordance with a checklist. The pilot-in-command shall establish that checklist and ensure that it is appropriate to the specialised activity and sailplane used, based on the risk assessment and taking account of all requirements set out in this Annex. The checklist shall be readily accessible on each flight to the pilot-in-command and any other crew member, where it is relevant for the performance of their duties. |
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(c) |
The pilot-in-command shall regularly review and update the checklist where necessary in order to adequately take account of the risk assessment. |
SUBPART POL
PERFORMANCE AND OPERATING LIMITATIONS
SAO.POL.100 Weighing
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(a) |
The weighing of the sailplane shall be accomplished by the manufacturer of the sailplane or in accordance with Annex I to Commission Regulation (EU) No 1321/2014 (2). |
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(b) |
The operator shall ensure that the mass of the sailplane has been established by actual weighing prior to its initial entry into service. The accumulated effects of modifications and repairs on the mass shall be accounted for and properly documented. Such information shall be made available to the pilot-in-command. The sailplane shall be reweighed if the effects of modifications or repairs on the mass are not known. |
SAO.POL.105 Performance — general
The pilot-in-command shall only operate the sailplane if the performance of the sailplane is adequate to comply with the requirements set out in the Annex to Implementing Regulation (EU) No 923/2012 and any other restrictions applicable to the flight, the airspace, aerodromes or operating sites used, ensuring that any charts or maps used are the latest available edition.
SUBPART IDE
INSTRUMENTS, DATA AND EQUIPMENT
SAO.IDE.100 Instruments and equipment — general
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(a) |
Instruments and equipment required by this Subpart shall be approved in accordance with Annex I to Regulation (EU) No 748/2012 or, when registered in a third country, with the airworthiness requirements of the state of registry, if one of the following conditions is fulfilled:
|
|
(b) |
By way of derogation from point (a), all of the following instruments or equipment, when required by this Subpart, shall not need an approval:
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(c) |
Instruments and equipment shall be readily operable or accessible from the station where either the pilot-in-command or any other crew member, who needs to use them, is seated. |
SAO.IDE.105 Flight and navigational instruments
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(a) |
Sailplanes shall be equipped with a means of measuring and displaying all of the following:
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(b) |
In addition to (a), when operating in conditions where the sailplane cannot be maintained on a desired flight path without reference to one or more additional instruments, when conducting cloud flying or when operating at night, sailplanes shall be equipped with means of measuring and displaying all of the following:
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SAO.IDE.110 Operating lights
Sailplanes operated at night shall be equipped with all of the following:
|
(a) |
an anti-collision light system; |
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(b) |
navigation/position lights; |
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(c) |
a landing light; |
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(d) |
lighting supplied from the sailplane's electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the sailplane; |
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(e) |
an independent portable light for the pilot-in-command and any other crew member station. |
SAO.IDE.115 Supplemental oxygen
Sailplanes operated, when an oxygen supply is required in accordance with point SAO.OP.150, shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the required oxygen supplies.
SAO.IDE.120 Life-saving and signalling equipment — flights over water
The pilot-in-command of a sailplane operated over water shall determine, before commencing the flight, the risks to survival of any person carried in the sailplane in the event of ditching. In light of those risks, he or she shall determine whether there is a need to carry life-saving and signalling equipment.
SAO.IDE.125 Life-saving and signalling equipment — search and rescue difficulties
Sailplanes operated over areas in which search and rescue (SAR) would be especially difficult shall be equipped with such life-saving and signalling equipment as appropriate to the area overflown.
SAO.IDE.130 Radio communication equipment
Sailplanes shall have radio communication equipment to allow for the communication required in accordance with Appendix 4 to the Annex to Implementing Regulation (EU) No 923/2012, and, if the flight takes place in the airspace of a third country, the law of that third country.
SAO.IDE.135 Transponder
Sailplanes shall have a secondary surveillance radar (SSR) transponder with all the capabilities required in accordance with point (b) of point SERA.6005 of the Annex to Implementing Regulation (EU) No 923/2012, and, if the flight takes places in airspace of a third country, the law of that third country.
SUBPART DEC
DECLARATION
SAO.DEC.100 Declaration
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(a) |
In the declaration referred to in Article 3(2), the operator shall confirm that it complies and will continue to comply with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation. |
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(b) |
The operator shall include in the declaration all of the following information:
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|
(c) |
The operator shall, when making the declaration, notify to the competent authority the list of AltMoC to demonstrate compliance when so requested in accordance with point SAO.GEN.110. That list shall contain references to the associated AMC. |
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(d) |
When making the declaration, the operator shall use the form contained in the Appendix to this Annex. |
SAO.DEC.105 Changes to the declaration and cessation of commercial operations
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(a) |
Without delay the operator shall notify to the competent authority any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation, as declared to the competent authority, and of any changes in respect of the information referred to in point SAO.DEC.100(b) and the list of AltMoC referred to in point SAO.DEC.100(c), as included in or annexed to the declaration. |
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(b) |
Without delay the operator shall notify the competent authority that it is no longer engaged in commercial operations with sailplanes. |
(1) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1).
(2) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).