24.4.2014 |
EN |
Official Journal of the European Union |
L 123/1 |
COMMISSION REGULATION (EU) No 379/2014
of 7 April 2014
amending Commission Regulation (EU) No 965/2012 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
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 8(5) thereof,
Whereas:
(1) |
Operators and personnel involved in the operation of certain aircraft have to comply with the relevant essential requirements set out in Annex IV to Regulation (EC) No 216/2008. |
(2) |
In accordance with Regulation (EC) No 216/2008 the Commission should adopt the necessary implementing rules for establishing the conditions for the safe operation of aircraft. Those rules should primarily take into account the complexity of aircraft, organisations and aircraft operations, as well as the risks associated with the different types of operations. |
(3) |
Commission Regulation (EU) No 965/2012 (2) establishes implementing rules for commercial air transport operations with aeroplanes and helicopters. Rules for commercial air transport operations with balloons and sailplanes should also be provided in order to comply with the basic principles and applicability of Regulation (EC) No 216/2008. In addition, the specificities of certain commercial operations with aeroplanes and helicopters, starting and ending at the same aerodrome or operating site, need to be appropriately addressed according to their scale and scope and the risk involved. |
(4) |
Commission Regulation (EU) No 800/2013 (3) amends Regulation (EU) No 965/2012 to include rules for non-commercial operations according to the complexity of aircraft. It is also necessary to amend Regulation (EU) No 965/2012 in order to reflect the current state of the art and to ensure proportionate measures for certain strictly defined activities with other-than-complex aircraft and the organizations involved. |
(5) |
Rules for specialised operations with aeroplanes, helicopters balloons and sailplanes should also be included taking into account the particular aspects of such operations and the risk involved. For reasons of proportionality it would not be appropriate to subject all commercial operators to certification, in particular commercial specialised operators. Although of commercial nature, these operators would be subject to a declaration of capability instead of a certificate. Nevertheless, conditions for certain high risk commercial specialised operations, which endanger third parties on the ground, should be specified in the interest of safety and therefore those operations should be submitted to authorisation. |
(6) |
Regulation (EU) No 965/2012 should therefore be amended accordingly. |
(7) |
In order to ensure a smooth transition and a high level of civil aviation safety in the Union, the implementing measures should reflect the state of the art, including best practices, and scientific and technical progress in the field of air operations. Accordingly, technical requirements and administrative procedures agreed under the auspices of the International Civil Aviation Organisation and the European Joint Aviation Authorities until 30 June 2009, as well as existing legislation pertaining to a specific national environment, should be considered. |
(8) |
It is necessary to provide sufficient time for the aeronautical industry and Member States’ administrations to adapt to the new regulatory framework. |
(9) |
The European Aviation Safety Agency prepared draft implementing rules and submitted them as an Opinion to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008. |
(10) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 965/2012 is amended as follows:
(1) |
Article 1 is replaced by the following: ‘Article 1 Subject matter and scope 1. This Regulation lays down detailed rules for air operations with aeroplanes, helicopters, balloons and sailplanes, including ramp inspections of aircraft of operators under the safety oversight of another State when landed at aerodromes located in the territory subject to the provisions of the Treaty. 2. This Regulation also lays down detailed rules on the conditions for issuing, maintaining, amending, limiting, suspending or revoking the certificates of operators of aircraft referred to in Article 4(1)(b) and (c) of Regulation (EC) No 216/2008 engaged in commercial air transport operation, the privileges and responsibilities of the holders of certificates as well as conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety. 3. This Regulation also lays down detailed rules on the conditions and procedures for the declaration by, and for the oversight of, operators engaged in commercial specialised operations and non-commercial operation of complex motor-powered aircraft, including non-commercial specialised operations of complex motor-powered aircraft. 4. This Regulation also lays down detailed rules on the conditions under which certain high risk commercial specialised operations shall be subject to authorisation in the interest of safety, and on the conditions for issuing, maintaining, amending, limiting, suspending or revoking the authorisations. 5. This Regulation shall not apply to air operations within the scope of Article 1(2)(a) of Regulation (EC) No 216/2008. 6. This Regulation shall not apply to air operations with tethered balloons and airships as well as tethered balloon flights.’; |
(2) |
Article 2 is amended as follows:
|
(3) |
Article 5 is amended as follows:
|
(4) |
Article 6 is amended as follows:
|
(5) |
Article 8 is amended as follows:
|
(6) |
in Article 10, paragraph 3 is amended as follows:
|
(7) |
in Article 10, the following paragraphs 4, 5, 6 and 7 are added: ‘4. By way of derogation from the second subparagraph of paragraph 1, Member States may decide not to apply the provisions of Annexes II, III, VII and VIII to specialised operations until 21 April 2017. 5. By way of derogation from the second subparagraph of paragraph 1, Member States may decide not to apply the provisions of Annexes II, III and IV to:
6. When a Member State makes use of the derogation provided for in paragraph 5 point (a), the following rules shall apply:
7. When a Member State makes use of the derogations provided for in paragraphs 3, 4 and 5, it shall notify the Commission and the Agency. This notification shall describe the reasons for the derogation and its duration, as well as the programme for implementation containing actions envisaged and related timing.’; |
(8) |
Annexes I to VII to Regulation (EU) No 965/2012 are amended as set out in Annex I to this Regulation; |
(9) |
an Annex VIII (Part-SPO) is added to Regulation (EU) No 965/2012, as set out in Annex II to this Regulation. |
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 April 2014.
For the Commission
The President
José Manuel BARROSO
(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 Regulation (EU) No 800/2013 of 14 August 2013 amending Regulation (EU) No 965/2012 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 227, 24.8.2013, p. 1).
ANNEX I
(1) |
Annex I to Regulation (EU) No 965/2012 is amended as follows:
|
(2) |
Annex II to Regulation (EU) No 965/2012 is amended as follows:
|
(3) |
Annex III to Regulation (EU) No 965/2012 is amended as follows:
|
(4) |
Annex IV to Regulation (EU) No 965/2012 is amended as follows:
|
(5) |
Annex V to Regulation (EU) No 965/2012 is amended as follows:
|
(6) |
In Annex VI to Regulation (EU) No 965/2012, point (b) of NCC.POL.125 is replaced by the following:
|
(7) |
Annex VII to Regulation (EU) No 965/2012 is amended as follows:
|
(1) 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 II
‘ANNEX VIII
SPECIALISED OPERATIONS
[PART-SPO]
SPO.GEN.005 Scope
(a) |
This Annex applies to any specialised operation where the aircraft is used for specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement. |
(b) |
Notwithstanding (a), non-commercial specialised operations with other than complex motor-powered aircraft shall comply with Annex VII (Part-NCO). |
(c) |
Notwithstanding (a), the following operations with other than complex motor-powered aircraft may be conducted in accordance with Annex VII (Part-NCO):
|
SUBPART A
GENERAL REQUIREMENTS
SPO.GEN.100 Competent authority
The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business or is residing.
SPO.GEN.101 Means of compliance
Alternative means of compliance to those adopted by the Agency may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
SPO.GEN.102 Touring motor gliders, -powered sailplanes and mixed balloons
(a) |
Touring motor gliders shall be operated following the requirements for:
|
(b) |
Touring motor gliders shall be equipped in compliance with the requirements applicable to aeroplanes unless otherwise specified in Subpart D. |
(c) |
Powered sailplanes, excluding touring motor gliders, shall be operated and equipped in compliance with the requirements applicable to sailplanes. |
(d) |
Mixed balloons shall be operated in accordance with the requirements for hot-air balloons. |
SPO.GEN.105 Crew responsibilities
(a) |
The crew member shall be responsible for the proper execution of his/her duties. Crew duties shall be specified in the standard operating procedures (SOP) and, where appropriate, in the operations manual. |
(b) |
Except for balloons, during critical phases of flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the crew member shall be restrained at his/her assigned station unless otherwise specified in the SOP. |
(c) |
During flight, the flight crew member shall keep his/her safety belt fastened while at his/her station. |
(d) |
During flight, at least one qualified flight crew member shall remain at the controls of the aircraft at all times. |
(e) |
The crew member shall not undertake duties on an aircraft:
|
(f) |
The crew member who undertakes duties for more than one operator shall:
|
(g) |
The crew member shall report to the pilot-in-command:
|
SPO.GEN.106 Task specialists responsibilities
(a) |
The task specialist shall be responsible for the proper execution of his/her duties. Task specialists’ duties shall be specified in the SOP. |
(b) |
Except for balloons, during critical phases of flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the task specialist shall be restrained at his/her assigned station unless otherwise specified in the SOP. |
(c) |
The task specialist shall ensure that he/she is restrained when carrying out specialised tasks with external doors opened or removed. |
(d) |
The task specialist shall report to the pilot-in-command:
|
SPO.GEN.107 Pilot-in-command responsibilities and authority
(a) |
The pilot-in-command shall be responsible for:
|
(b) |
The pilot-in-command shall have the authority to refuse carriage of or disembark any person or cargo that may represent a potential hazard to the safety of the aircraft or its occupants. |
(c) |
The pilot-in-command shall, as soon as possible, report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft. |
(d) |
Notwithstanding the provision of (a)(6), in a multi-crew operation the pilot-in-command may continue a flight beyond the nearest weather-permissible aerodrome when adequate mitigating procedures are in place. |
(e) |
The pilot-in-command shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances in accordance with 7.d. of Annex IV to Regulation (EC) No 216/2008. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety. |
(f) |
The pilot-in-command shall submit a report of an act of unlawful interference without delay to the competent authority and shall inform the designated local authority. |
(g) |
The pilot-in-command shall notify the nearest appropriate authority by the quickest available means of any accident involving the aircraft that results in serious injury or death of any person or substantial damage to the aircraft or property. |
SPO.GEN.108 Pilot-in-command responsibilities and authority — balloons
The pilot-in-command of a balloon shall, in addition to SPO.GEN.107:
(a) |
be responsible for the pre-flight briefing of those persons assisting in the inflation and deflation of the envelope; |
(b) |
ensure that no person is smoking on board or within the direct vicinity of the balloon; and |
(c) |
ensure that persons assisting in the inflation and deflation of the envelope wear appropriate protective clothing. |
SPO.GEN.110 Compliance with laws, regulations and procedures
The pilot-in-command, crew members and task specialists shall comply with the laws, regulations and procedures of those States where operations are conducted.
SPO.GEN.115 Common language
The operator shall ensure that all crew members and task specialists are able to communicate with each other in a common language.
SPO.GEN.120 Taxiing of aeroplanes
The operator shall ensure that an aeroplane is only taxied on the movement area of an aerodrome if the person at the controls:
(a) |
is an appropriately qualified pilot; or |
(b) |
has been designated by the operator and:
|
SPO.GEN.125 Rotor engagement
A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.
SPO.GEN.130 Portable electronic devices
The operator shall not permit any person to use a portable electronic device (PED) on board an aircraft that could adversely affect the performance of the aircraft’s systems and equipment.
SPO.GEN.135 Information on emergency and survival equipment carried
The operator shall, at all times, have available for immediate communication to rescue coordination centres (RCCs) lists containing information on the emergency and survival equipment carried on board.
SPO.GEN.140 Documents, manuals and information to be carried
(a) |
The following documents, manuals and information shall be carried on each flight as originals or copies unless otherwise specified below:
|
(b) |
Notwithstanding (a), the documents and information in (a)(2) to (a)(11) and (a)(14), (a)(17), (a)(18) and (a)(19) may be retained at the aerodrome or operating site on flights:
|
(c) |
Notwithstanding (a), on flights with balloons or sailplanes, excluding touring motor gliders (TMGs), the documents and information in (a)(1) to (a)(10) and (a)(13) to (a)(19) may be carried in the retrieve vehicle. |
(d) |
In case of loss or theft of documents specified in (a)(2) to (a)(8), the operation may continue until the flight reaches its destination or a place where replacement documents can be provided. |
(e) |
The operator shall make available, within a reasonable time of being requested to do so by the competent authority, the documentation required to be carried on board. |
SPO.GEN.145 Preservation, production and use of flight recorder recordings — operations with complex motor-powered aircraft
(a) |
Following an accident or an incident that is subject to mandatory reporting, the operator of an aircraft shall preserve the original recorded data for a period of 60 days unless otherwise directed by the investigating authority. |
(b) |
The operator shall conduct operational checks and evaluations of flight data recorder (FDR) recordings, cockpit voice recorder (CVR) recordings and data link recordings to ensure the continued serviceability of the recorders. |
(c) |
The operator shall save the recordings for the period of operating time of the FDR as required by SPO.IDE.A.145 or SPO.IDE.H.145, except that, for the purpose of testing and maintaining the FDR, up to 1 hour of the oldest recorded material at the time of testing may be erased. |
(d) |
The operator shall keep and maintain up-to-date documentation that presents the necessary information to convert FDR raw data into parameters expressed in engineering units. |
(e) |
The operator shall make available any flight recorder recording that has been preserved, if so determined by the competent authority. |
(f) |
CVR recordings shall only be used for purposes other than for the investigation of an accident or an incident subject to mandatory reporting if all crew members and maintenance personnel concerned consent. |
(g) |
FDR recordings or data link recordings shall only be used for purposes other than for the investigation of an accident or an incident that is subject to mandatory reporting if such records are:
|
SPO.GEN.150 Transport of dangerous goods
(a) |
The transport of dangerous goods by air shall be conducted in accordance with Annex 18 to the Chicago Convention as last amended and amplified by the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Doc 9284-AN/905), including its attachments, supplements and any other addenda or corrigenda. |
(b) |
Dangerous goods shall only be transported by an operator approved in accordance with Annex V (Part-SPA), subpart G, to Regulation (EU) No 965/2012 except when:
|
(c) |
The operator shall establish procedures to ensure that all reasonable measures are taken to prevent dangerous goods from being carried on board inadvertently. |
(d) |
The operator shall provide personnel with the necessary information enabling them to carry out their responsibilities, as required by the Technical Instructions. |
(e) |
The operator shall, in accordance with the Technical Instructions, report without delay to the competent authority and the appropriate authority of the State of occurrence in the event of:
|
(f) |
The operator shall ensure that task specialists are provided with information about dangerous goods. |
(g) |
The operator shall ensure that notices giving information about the transport of dangerous goods are provided at acceptance points for cargo as required by the Technical Instructions. |
SPO.GEN.155 Release of dangerous goods
The operator shall not operate an aircraft over congested areas of cities, towns or settlements or over an open-air assembly of persons when releasing dangerous goods.
SPO.GEN.160 Carriage and use of weapons
(a) |
The operator shall ensure that, when weapons are carried on a flight for the purpose of a specialised task, these are secured when not in use. |
(b) |
The task specialist using the weapon shall take all necessary measures to prevent the aircraft and persons on board or on the ground from being endangered. |
SPO.GEN.165 Admission to the flight crew compartment
The pilot-in-command shall make the final decision regarding the admission to the flight crew compartment and shall ensure that:
(a) |
admission to the flight crew compartment does not cause distraction or interference with the operation of the flight; and |
(b) |
all persons carried in the flight crew compartment are made familiar with the relevant safety procedures. |
SUBPART B
OPERATIONAL PROCEDURES
SPO.OP.100 Use of aerodromes and operating sites
The operator shall only use aerodromes and operating sites that are adequate for the type of aircraft and operation concerned.
SPO.OP.105 Specification of isolated aerodromes — aeroplanes
For the selection of alternate aerodromes and the fuel policy, the operator shall consider an aerodrome as an isolated aerodrome if the flying time to the nearest adequate destination alternate aerodrome is more than:
(a) |
for aeroplanes with reciprocating engines, 60 minutes; or |
(b) |
for aeroplanes with turbine engines, 90 minutes. |
SPO.OP.110 Aerodrome operating minima — aeroplanes and helicopters
(a) |
For instrument flight rules (IFR) flights, the operator or the pilot-in-command shall specify aerodrome operating minima for each departure, destination and alternate aerodrome to be used. Such minima shall:
|
(b) |
When specifying the aerodrome operating minima, the operator or the pilot-in-command shall take the following into account:
|
(c) |
The minima for a specific type of approach and landing procedure shall only be used if:
|
SPO.OP.111 Aerodrome operating minima — NPA, APV, CAT I operations
(a) |
The decision height (DH) to be used for a non-precision approach (NPA) flown with the continuous descent final approach (CDFA) technique, approach procedure with vertical guidance (APV) or category I (CAT I) operation shall not be lower than the highest of:
|
(b) |
The minimum descent height (MDH) for an NPA operation flown without the CDFA technique shall not be lower than the highest of:
Table 1 System minima
|
SPO.OP.112 Aerodrome operating minima — circling operations with aeroplanes
(a) |
The MDH for a circling operation with aeroplanes shall not be lower than the highest of:
|
(b) |
The minimum visibility for a circling operation with aeroplanes shall be the highest of:
Table 1 MDH and minimum visibility for circling vs. aeroplane category
|
SPO.OP.113 Aerodrome operating minima — onshore circling operations with helicopters
The MDH for an onshore circling operation with helicopters shall not be lower than 250 ft and the meteorological visibility not less than 800 m.
SPO.OP.115 Departure and approach procedures — aeroplanes and helicopters
(a) |
The pilot-in-command shall use the departure and approach procedures established by the State of the aerodrome, if such procedures have been published for the runway or FATO to be used. |
(b) |
The pilot-in-command may deviate from a published departure route, arrival route or approach procedure:
|
(c) |
In the case of operations with complex motor-powered aircraft, the final approach segment shall be flown visually or in accordance with the published approach procedures. |
SPO.OP.120 Noise abatement procedures
The pilot-in-command shall take into account published noise abatement procedures to minimise the effect of aircraft noise while ensuring that safety has priority over noise abatement.
SPO.OP.121 Noise abatement procedures — balloons
The pilot-in-command shall make use of operating procedures, where established, to minimise the effect of heating-system noise while ensuring that safety has priority over noise abatement.
SPO.OP.125 Minimum obstacle clearance altitudes — IFR flights
(a) |
The operator shall specify a method to establish minimum flight altitudes that provide the required terrain clearance for all route segments to be flown in IFR. |
(b) |
The pilot-in-command shall establish minimum flight altitudes for each flight based on this method. The minimum flight altitudes shall not be lower than those published by the State overflown. |
SPO.OP.130 Fuel and oil supply — aeroplanes
(a) |
The pilot-in-command shall only commence a flight if the aeroplane carries sufficient fuel and oil for the following:
|
(b) |
In computing the fuel required, including providing for contingency, the following shall be taken into consideration:
|
(c) |
Nothing shall preclude amendment of a flight plan in-flight, in order to re-plan the flight to another destination, provided that all requirements can be complied with from the point where the flight is re-planned. |
SPO.OP.131 Fuel and oil supply — helicopters
(a) |
The pilot-in-command shall only commence a flight if the helicopter carries sufficient fuel and oil for the following:
|
(b) |
In computing the fuel required, including providing for contingency, the following shall be taken into consideration:
|
(c) |
Nothing shall preclude amendment of a flight plan in-flight, in order to re-plan the flight to another destination, provided that all requirements can be complied with from the point where the flight is re-planned. |
SPO.OP.132 Fuel and ballast supply and planning — balloons
(a) |
The pilot-in-command shall only commence a flight if the reserve fuel or ballast is sufficient for 30 minutes of flight. |
(b) |
Fuel or ballast supply calculations shall be based upon at least the following operating conditions under which the flight is to be conducted:
|
SPO.OP.135 Safety briefing
(a) |
The operator shall ensure that, prior to take-off task specialists are given a briefing on:
|
(b) |
The briefing referred to in (a)(2) may be replaced by an initial and recurrent training programme. In such case the operator shall also define recency requirements. |
SPO.OP.140 Flight preparation
(a) |
Before commencing a flight, the pilot-in-command shall ascertain by every reasonable means available that the ground and/or water facilities including communication facilities and navigation aids available and directly required on such flight, for the safe operation of the aircraft, are adequate for the type of operation under which the flight is to be conducted. |
(b) |
Before commencing a flight, the pilot-in-command shall be familiar with all available meteorological information appropriate to the intended flight. Preparation for a flight away from the vicinity of the place of departure, and for every flight under IFR, shall include:
|
SPO.OP.145 Take-off alternate aerodromes — complex motor-powered aeroplanes
(a) |
For IFR flights, the pilot-in-command shall specify at least one weather-permissible take-off alternate aerodrome in the flight plan if the weather conditions at the aerodrome of departure are at or below the applicable aerodrome operating minima or it would not be possible to return to the aerodrome of departure for other reasons. |
(b) |
The take-off alternate aerodrome shall be located within the following distance from the aerodrome of departure:
|
(c) |
For an aerodrome to be selected as a take-off alternate aerodrome the available information shall indicate that, at the estimated time of use, the conditions will be at or above the aerodrome operating minima for that operation. |
SPO.OP.150 Destination alternate aerodromes — aeroplanes
For IFR flights, the pilot-in-command shall specify at least one weather-permissible destination alternate aerodrome in the flight plan, unless:
(a) |
the available current meteorological information indicates that, for the period from 1 hour before until 1 hour after the estimated time of arrival, or from the actual time of departure to 1 hour after the estimated time of arrival, whichever is the shorter period, the approach and landing may be made under visual meteorological conditions (VMC); or |
(b) |
the place of intended landing is isolated and:
|
SPO.OP.151 Destination alternate aerodromes — helicopters
For IFR flights, the pilot-in-command shall specify at least one weather-permissible destination alternate aerodrome in the flight plan, unless:
(a) |
an instrument approach procedure is prescribed for the aerodrome of intended landing and the available current meteorological information indicates that the following meteorological conditions will exist from 2 hours before to 2 hours after the estimated time of arrival, or from the actual time of departure to 2 hours after the estimated time of arrival, whichever is the shorter period:
|
(b) |
the place of intended landing is isolated and:
|
SPO.OP.155 Refuelling with persons embarking, on board or disembarking
(a) |
The aircraft shall not be refuelled with aviation gasoline (AVGAS) or wide-cut type fuel or a mixture of these types of fuel, when persons are embarking, on board or disembarking. |
(b) |
For all other types of fuel, necessary precautions shall be taken and the aircraft shall be properly manned by qualified personnel ready to initiate and direct an evacuation of the aircraft by the most practical and expeditious means available. |
SPO.OP.160 Use of headset
Except for balloons, each flight crew member required to be on duty in the flight crew compartment shall wear a headset with boom microphone, or equivalent, and use it as the primary device to communicate with ATS, other crew members and task specialists.
SPO.OP.165 Smoking
The pilot-in-command shall not allow smoking on board or during refuelling or defuelling of the aircraft.
SPO.OP.170 Meteorological conditions
(a) |
The pilot-in-command shall only commence or continue a VFR flight if the latest available meteorological information indicates that the weather conditions along the route and at the intended destination at the estimated time of use will be at or above the applicable VFR operating minima. |
(b) |
The pilot-in-command shall only commence or continue an IFR flight towards the planned destination aerodrome if the latest available meteorological information indicates that, at the estimated time of arrival, the weather conditions at the destination or at least one destination alternate aerodrome are at or above the applicable aerodrome operating minima. |
(c) |
If a flight contains VFR and IFR segments, the meteorological information referred to in (a) and (b) shall be applicable as far as relevant. |
SPO.OP.175 Ice and other contaminants — ground procedures
(a) |
The pilot-in-command shall only commence take-off if the aircraft is clear of any deposit that might adversely affect the performance or controllability of the aircraft, except as permitted in the AFM. |
(b) |
In the case of operations with complex motor-powered aircraft, the operator shall establish procedures to be followed when ground de-icing and anti-icing and related inspections of the aircraft are necessary to allow the safe operation of the aircraft. |
SPO.OP.176 Ice and other contaminants — flight procedures
(a) |
The pilot-in-command shall only commence a flight or intentionally fly into expected or actual icing conditions if the aircraft is certified and equipped to cope with such conditions as referred to in 2.a.5 of Annex IV to Regulation (EC) No 216/2008. |
(b) |
If icing exceeds the intensity of icing for which the aircraft is certified or if an aircraft not certified for flight in known icing conditions encounters icing, the pilot-in-command shall exit the icing conditions without delay, by a change of level and/or route, and if necessary by declaring an emergency to ATC. |
(c) |
In the case of operations with complex motor-powered aircraft, the operator shall establish procedures for flights in expected or actual icing conditions. |
SPO.OP.180 Take-off conditions — aeroplanes and helicopters
Before commencing take-off, the pilot-in-command shall be satisfied that:
(a) |
according to the information available, the weather at the aerodrome or operating site and the condition of the runway or FATO intended to be used would not prevent a safe take-off and departure; and |
(b) |
applicable aerodrome operating minima will be complied with. |
SPO.OP.181 Take-off conditions — balloons
Before commencing take-off, the pilot-in-command shall be satisfied that, according to the information available, the weather at the operating site or aerodrome will not prevent a safe take-off and departure.
SPO.OP.185 Simulated situations in flight
Unless a task specialist is on-board the aircraft for training, the pilot-in-command shall, when carrying task specialists, not simulate:
(a) |
situations that require the application of abnormal or emergency procedures; or |
(b) |
flight in instrument meteorological conditions (IMC). |
SPO.OP.190 In-flight fuel management
(a) |
The operator of a complex motor-powered aircraft shall ensure that in-flight fuel checks and fuel management are performed. |
(b) |
The pilot-in-command shall check at regular intervals that the amount of usable fuel remaining in flight is not less than the fuel required to proceed to a weather-permissible aerodrome or operating site and the planned reserve fuel as required by SPO.OP.130 and SPO.OP.131. |
SPO.OP.195 Use of supplemental oxygen
(a) |
The operator shall ensure that task specialists and crew members use supplemental oxygen continuously whenever the cabin altitude exceeds 10 000 ft for a period of more than 30 minutes and whenever the cabin altitude exceeds 13 000 ft, unless otherwise approved by the competent authority and in accordance with SOPs. |
(b) |
Notwithstanding (a) and except for parachute operations, short excursions of a specified duration above 13 000 ft without using supplemental oxygen on other-than-complex aeroplanes and helicopters may be undertaken with a prior approval of the competent authority based on the consideration of the following:
|
SPO.OP.200 Ground proximity detection
(a) |
When undue proximity to the ground is detected by a flight crew member or by a ground proximity warning system, the pilot flying shall take corrective action immediately in order to establish safe flight conditions. |
(b) |
The ground proximity warning system may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from the ground below that which would trigger the ground proximity warning system. |
SPO.OP.205 Airborne collision avoidance system (ACAS)
(a) |
The operator shall establish operational procedures and training programmes when ACAS is installed and serviceable. When ACAS II is used, such procedures and training shall be in accordance with Regulation (EU) No 1332/2011. |
(b) |
The ACAS II may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from each other below that which would trigger the ACAS. |
SPO.OP.210 Approach and landing conditions — aeroplanes and helicopters
Before commencing an approach to land, the pilot-in-command shall be satisfied that, according to the information available, the weather at the aerodrome or the operating site and the condition of the runway or FATO intended to be used would not prevent a safe approach, landing or missed approach.
SPO.OP.215 Commencement and continuation of approach — aeroplanes and helicopters
(a) |
The pilot-in-command may commence an instrument approach regardless of the reported runway visual range/visibility (RVR/VIS). |
(b) |
If the reported RVR/VIS is less than the applicable minimum, the approach shall not be continued:
|
(c) |
Where the RVR is not available, RVR values may be derived by converting the reported visibility. |
(d) |
If, after passing 1 000 ft above the aerodrome, the reported RVR/VIS falls below the applicable minimum, the approach may be continued to DA/H or MDA/H. |
(e) |
The approach may be continued below DA/H or MDA/H and the landing may be completed provided that the visual reference adequate for the type of approach operation and for the intended runway is established at the DA/H or MDA/H and is maintained. |
(f) |
The touchdown zone RVR shall always be controlling. |
SPO.OP.225 Operational limitations — hot-air balloons
(a) |
A hot-air balloon shall not land during night, except in emergency situations. |
(b) |
A hot-air balloon may take-off during night, provided sufficient fuel is carried for a landing during day. |
SPO.OP.230 Standard operating procedures
(a) |
Before commencing a specialised operation, the operator shall conduct a risk assessment, assessing the complexity of the activity to determine the hazards and associated risks inherent in the operation and establish mitigating measures. |
(b) |
Based on the risk assessment, the operator shall establish standard operating procedures (SOP) appropriate to the specialised activity and aircraft used taking account of the requirements of subpart E. The SOP shall be part of the operations manual or a separate document. SOP shall be regularly reviewed and updated, as appropriate. |
(c) |
The operator shall ensure that specialised operations are performed in accordance with SOP. |
SUBPART C
AIRCRAFT PERFORMANCE AND OPERATING LIMITATIONS
SPO.POL.100 Operating limitations — all aircraft
(a) |
During any phase of operation, the loading, the mass and, except for balloons, the centre of gravity (CG) position of the aircraft shall comply with any limitation specified in the appropriate manual. |
(b) |
Placards, listings, instrument markings, or combinations thereof, containing those operating limitations prescribed by the AFM for visual presentation, shall be displayed in the aircraft. |
SPO.POL.105 Mass and balance
(a) |
The operator shall ensure that the mass and, except for balloons, the CG of the aircraft have been established by actual weighing prior to initial entry into service. The accumulated effects of modifications and repairs on the mass and balance shall be accounted for and properly documented. Such information shall be made available to the pilot-in-command. The aircraft shall be reweighed if the effect of modifications on the mass and balance is not accurately known. |
(b) |
The weighing shall be accomplished:
|
SPO.POL.110 Mass and balance system — commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft
(a) |
The operator shall establish a mass and balance system for each flight or series of flights:
|
(b) |
The flight crew shall be provided with a means of replicating and verifying any mass and balance computation based on electronic calculations. |
(c) |
The operator shall establish procedures to enable the pilot-in-command to determine the mass of the fuel load by using the actual density or, if not known, the density calculated in accordance with a method specified in the operations manual. |
(d) |
The pilot-in-command shall ensure that the loading of:
|
(e) |
The operator shall specify, in the operations manual, the principles and methods involved in the loading and in the mass and balance system that meet the requirements contained in (a) to (d). This system shall cover all types of intended operations. |
SPO.POL.115 Mass and balance data and documentation — commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft
(a) |
The operator shall establish mass and balance data and produce mass and balance documentation prior to each flight, or series of flights, specifying the load and its distribution in such a way that the mass and balance limits of the aircraft are not exceeded. The mass and balance documentation shall contain the following information:
|
(b) |
Where mass and balance data and documentation is generated by a computerised mass and balance system, the operator shall verify the integrity of the output data. |
SPO.POL.116 Mass and balance data and documentation — alleviations
Notwithstanding SPO.POL.115(a)(5), the CG position may not need not be on the mass and balance documentation, if the load distribution is in accordance with a pre-calculated balance table or if it can be shown that for the planned operations a correct balance can be ensured, whatever the real load is.
SPO.POL.120 Performance — general
The pilot-in-command shall only operate the aircraft if the performance is adequate to comply with the applicable rules of the air and any other restrictions applicable to the flight, the airspace or the aerodromes or operating sites used, taking into account the charting accuracy of any charts and maps used.
SPO.POL.125 Take-off mass limitations — complex motor-powered aeroplanes
The operator shall ensure that:
(a) |
the mass of the aeroplane at the start of take-off shall not exceed the mass limitations:
allowing for expected reductions in mass as the flight proceeds, and for fuel jettisoning; |
(b) |
the mass at the start of take-off shall never exceed the maximum take-off mass specified in the AFM for the pressure altitude appropriate to the elevation of the aerodrome or operating site, and if used as a parameter to determine the maximum take-off mass, any other local atmospheric condition; and |
(c) |
the estimated mass for the expected time of landing at the aerodrome or operating site of intended landing and at any destination alternate aerodrome shall never exceed the maximum landing mass specified in the AFM for the pressure altitude appropriate to the elevation of those aerodromes or operating sites and if used as a parameter to determine the maximum landing mass, any other local atmospheric condition. |
SPO.POL.130 Take-off — complex motor-powered aeroplanes
(a) |
When determining the maximum take-off mass, the pilot-in-command shall take the following into account:
|
(b) |
Except for an aeroplane equipped with turboprop engines and a maximum take-off mass at or below 5 700 kg, in the event of an engine failure during take-off, the pilot-in-command shall ensure that the aeroplane is able:
|
SPO.POL.135 En-route — one engine inoperative — complex motor-powered aeroplanes
The pilot-in-command shall ensure that in the event of an engine becoming inoperative at any point along the route, a multi-engined aeroplane shall be able to continue the flight to an adequate aerodrome or operating site without flying below the minimum obstacle clearance altitude at any point.
SPO.POL.140 Landing — complex motor-powered aeroplanes
The pilot-in-command shall ensure that at any aerodrome or operating site, after clearing all obstacles in the approach path by a safe margin, the aeroplane shall be able to land and stop, or a seaplane to come to a satisfactory low speed, within the landing distance available. Allowance shall be made for expected variations in the approach and landing techniques, if such allowance has not been made in the scheduling of performance data.
SPO.POL.145 Performance and operating criteria — aeroplanes
When operating an aeroplane at a height of less than 150 m (500 ft) above a non-congested area, for operations of aeroplanes that are not able to sustain level flight in the event of a critical engine failure, the operator shall:
(a) |
establish operational procedures to minimise the consequences of an engine failure; |
(b) |
establish a training programme for crew members; and |
(c) |
ensure that all crew members and task specialists on board are briefed on the procedures to be carried out in the event of a forced landing. |
SPO.POL.146 Performance and operating criteria — helicopters
(a) |
The pilot-in-command may operate an aircraft over congested areas provided that:
|
(b) |
The operator shall:
|
(c) |
The operator shall ensure that the mass at take-off, landing or hover shall not exceed the maximum mass specified for:
|
SUBPART D
INSTRUMENTS, DATA AND EQUIPMENT
SECTION 1
Aeroplanes
SPO.IDE.A.100 Instruments and equipment — general
(a) |
Instruments and equipment required by this Subpart shall be approved in accordance with the applicable airworthiness requirements if they are:
|
(b) |
The following items, when required by this Subpart, do not need an equipment approval:
|
(c) |
Instruments and equipment not required by this Subpart as well as any other equipment that is not required by other applicable Annexes, but is carried on a flight, shall comply with the following:
|
(d) |
Instruments and equipment shall be readily operable or accessible from the station where the flight crew member that needs to use it is seated. |
(e) |
Those instruments that are used by a flight crew member shall be so arranged as to permit the flight crew member to see the indications readily from his/her station, with the minimum practicable deviation from the position and line of vision which he/she normally assumes when looking forward along the flight path. |
(f) |
All required emergency equipment shall be easily accessible for immediate use. |
SPO.IDE.A.105 Minimum equipment for flight
A flight shall not be commenced when any of the aeroplane’s instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless:
(a) |
the aeroplane is operated in accordance with the minimum equipment list (MEL), if established; |
(b) |
for complex-motor-powered aeroplanes and for any aeroplane used in commercial operations, the operator is approved by the competent authority to operate the aeroplane within the constraints of the master minimum equipment list (MMEL); or |
(c) |
the aeroplane is subject to a permit to fly issued in accordance with the applicable airworthiness requirements. |
SPO.IDE.A.110 Spare electrical fuses
Aeroplanes shall be equipped with spare electrical fuses, of the ratings required for complete circuit protection, for replacement of those fuses that are allowed to be replaced in flight.
SPO.IDE.A.115 Operating lights
Aeroplanes operated at night shall be equipped with:
(a) |
an anti-collision light system; |
(b) |
navigation/position lights; |
(c) |
a landing light; |
(d) |
lighting supplied from the aeroplane’s electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the aeroplane; |
(e) |
lighting supplied from the aeroplane’s electrical system to provide illumination in all cabin compartments; |
(f) |
an independent portable light for each crew member station; and |
(g) |
lights to conform with the International Regulations for Preventing Collisions at Sea if the aeroplane is operated as a seaplane. |
SPO.IDE.A.120 Operations under VFR — flight and navigational instruments and associated equipment
(a) |
Aeroplanes operated under VFR by day shall be equipped with a means of measuring and displaying the following:
|
(b) |
Aeroplanes operating under VMC at night shall be, in addition to (a), equipped with:
|
(c) |
Complex motor-powered aeroplanes operating under VMC over water and out of sight of the land shall be, in addition to (a) and (b), equipped with a means of preventing malfunction of the airspeed indicating system due to condensation or icing. |
(d) |
Aeroplanes operated in conditions where they cannot be maintained in a desired flight path without reference to one or more additional instruments, shall be, in addition to (a) and (b), equipped with a means of preventing malfunction of the airspeed indicating system required in (a)(4) due to condensation or icing. |
(e) |
Whenever two pilots are required for the operation, aeroplanes shall be equipped with an additional separate means of displaying the following:
|
SPO.IDE.A.125 Operations under IFR — flight and navigational instruments and associated equipment
Aeroplanes operated under IFR shall be equipped with:
(a) |
a means of measuring and displaying the following:
|
(b) |
a means of indicating when the supply of power to the gyroscopic instruments is not adequate. |
(c) |
whenever two pilots are required for the operation, an additional separate means of displaying for the second pilot:
|
(d) |
a means of preventing malfunction of the airspeed indicating system required in (a)(4) and (c)(2) due to condensation or icing; and |
(e) |
complex motor-powered aeroplanes when operated under IFR shall, in addition to (a), (b), (c) and (d), be equipped with:
|
SPO.IDE.A.126 Additional equipment for single-pilot operation under IFR
Complex motor-powered aeroplanes operated under IFR with a single pilot shall be equipped with an autopilot with at least altitude hold and heading mode.
SPO.IDE.A.130 Terrain awareness warning system (TAWS)
Turbine-powered aeroplanes with a maximum certified take-off mass (MCTOM) of more than 5 700 kg or an MOPSC of more than nine shall be equipped with a TAWS that meets the requirements for:
(a) |
class A equipment, as specified in an acceptable standard, in the case of aeroplanes for which the individual certificate of airworthiness (CofA) was first issued after 1 January 2011; or |
(b) |
class B equipment, as specified in an acceptable standard, in the case of aeroplanes for which the individual CofA was first issued on or before 1 January 2011. |
SPO.IDE.A.131 Airborne collision avoidance system (ACAS II)
Unless otherwise provided for by Regulation (EU) No 1332/2011, turbine-powered aeroplanes with an MCTOM of more than 5 700 kg shall be equipped with ACAS II.
SPO.IDE.A.132 Airborne weather detecting equipment — complex motor-powered aeroplanes
The following aeroplanes shall be equipped with airborne weather detecting equipment when operated at night or in IMC in areas where thunderstorms or other potentially hazardous weather conditions, regarded as detectable with airborne weather detecting equipment, may be expected to exist along the route:
(a) |
pressurised aeroplanes; |
(b) |
non-pressurised aeroplanes with an MCTOM of more than 5 700 kg. |
SPO.IDE.A.133 Additional equipment for operations in icing conditions at night — complex motor-powered aeroplanes
(a) |
Aeroplanes operated in expected or actual icing conditions at night shall be equipped with a means to illuminate or detect the formation of ice. |
(b) |
The means to illuminate the formation of ice shall not cause glare or reflection that would handicap flight crew members in the performance of their duties. |
SPO.IDE.A.135 Flight crew interphone system
Aeroplanes operated by more than one flight crew member shall be equipped with a flight crew interphone system, including headsets and microphones for use by all flight crew members.
SPO.IDE.A.140 Cockpit voice recorder
(a) |
The following aeroplanes shall be equipped with a CVR:
|
(b) |
The CVR shall be capable of retaining data recorded during at least the preceding 2 hours. |
(c) |
The CVR shall record with reference to a timescale:
|