Commission Regulation (EU) No 965/2012Dangos y teitl llawn

[F1 SUBPART A GENERAL REQUIREMENTS U.K.

NCC.GEN.100 Competent authority U.K.

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.

NCC.GEN.105 Crew responsibilities U.K.

(a) The crew member shall be responsible for the proper execution of his/her duties that are: U.K.

(1)

related to the safety of the aircraft and its occupants; and

(2)

specified in the instructions and procedures in the operations manual.

(b) During critical phases of flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the crew member shall be seated at his/her assigned station and shall not perform any activities other than those required for the safe operation of the aircraft. U.K.

(c) During flight, the flight crew member shall keep his/her safety belt fastened while at his/her station. U.K.

(d) During flight, at least one qualified flight crew member shall remain at the controls of the aircraft at all times. U.K.

(e) The crew member shall not undertake duties on an aircraft: U.K.

(1)

if he/she knows or suspects that he/she is suffering from fatigue as referred to in 7.f of Annex IV to Regulation (EC) No 216/2008 or feels otherwise unfit, to the extent that the flight may be endangered; or

(2)

when under the influence of psychoactive substances or alcohol or for other reasons as referred to in 7.g of Annex IV to Regulation (EC) No 216/2008.

(f) The crew member who undertakes duties for more than one operator shall: U.K.

(1)

maintain his/her individual records regarding flight and duty times and rest periods as referred to in Annex III (Part-ORO), Subpart FTL to Regulation (EU) No 965/2012; and

(2)

provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.

(g) The crew member shall report to the pilot-in-command: U.K.

(1)

any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and

(2)

any incident that was endangering, or could endanger, the safety of the operation.

NCC.GEN.106 Pilot-in-command responsibilities and authority U.K.

(a) The pilot-in-command shall be responsible for: U.K.

(1)

the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008;

(2)

the initiation, continuation, termination or diversion of a flight in the interest of safety;

(3)

ensuring that all instructions, operational procedures and checklists are complied with in accordance with the operations manual and as referred to in 1.b of Annex IV to Regulation (EC) No 216/2008;

(4)

only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:

(i)

the aircraft is airworthy;

(ii)

the aircraft is duly registered;

(iii)

instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, as required in NCC.IDE.A.105 or NCC.IDE.H.105;

(iv)

the mass of the aircraft and centre of gravity location are such that the flight can be conducted within the limits prescribed in the airworthiness documentation;

(v)

all cabin baggage, hold luggage and cargo are properly loaded and secured;

(vi)

the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight;

(vii)

each flight crew member holds a valid licence in accordance with Regulation (EU) No 1178/2011; [F2 and]

(viii)

flight crew members are properly rated and meet competency and recency requirements; [F3 and]

(ix)

[F3 any navigational database required for performance-based navigation is suitable and current;]

(5)

not commencing a flight if any flight crew member is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;

(6)

not continuing a flight beyond the nearest weather-permissible aerodrome or operating site, when the capacity of any flight crew member to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;

(7)

deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or minimum equipment list (MEL), as applicable;

(8)

recording utilisation data and all known or suspected defects in the aircraft at the termination of the flight, or series of flights, in the aircraft technical log or journey log for the aircraft; and

(9)

[F4 ensuring that:

(i)

flight recorders are not disabled or switched off during flight;

(ii)

in the event of an occurrence other than an accident or a serious incident that shall be reported according to ORO.GEN.160(a), flight recorders' recordings are not intentionally erased; and

(iii)

in the event of an accident or a serious incident, or if preservation of recordings of flight recorders is directed by the investigating authority:

(A)

flight recorders' recordings are not intentionally erased;

(B)

flight recorders are deactivated immediately after the flight is completed; and

(C)

precautionary measures to preserve the recordings of flight recorders are taken before leaving the flight crew compartment.]

Textual Amendments

F2 Deleted by Commission Regulation (EU) 2016/1199 of 22 July 2016 amending Regulation (EU) No 965/2012 as regards operational approval of performance-based navigation, certification and oversight of data services providers and helicopter offshore operations, and correcting that Regulation.

F3 Inserted by Commission Regulation (EU) 2016/1199 of 22 July 2016 amending Regulation (EU) No 965/2012 as regards operational approval of performance-based navigation, certification and oversight of data services providers and helicopter offshore operations, and correcting that Regulation.

F4 Substituted by Commission Regulation (EU) 2015/2338 of 11 December 2015 amending Regulation (EU) No 965/2012 as regards requirements for flight recorders, underwater locating devices and aircraft tracking systems.

(b) The pilot-in-command shall have the authority to refuse carriage of or disembark any person, baggage or cargo that may represent a potential hazard to the safety of the aircraft or its occupants. U.K.

(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. U.K.

(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. U.K.

(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. U.K.

(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. U.K.

(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. U.K.

NCC.GEN.110 Compliance with laws, regulations and procedures U.K.

(a) The pilot-in-command shall comply with the laws, regulations and procedures of those States where operations are conducted. U.K.

(b) The pilot-in-command shall be familiar with the laws, regulations and procedures, pertinent to the performance of his/her duties, prescribed for the areas to be traversed, the aerodromes or operating sites to be used and the related air navigation facilities as referred to in 1.a of Annex IV to Regulation (EC) No 216/2008. U.K.

NCC.GEN.115 Common language U.K.

The operator shall ensure that all crew members can communicate with each other in a common language.

[F5 NCC.GEN.119 Taxiing of aircraft U.K.

The operator shall establish procedures for taxiing to ensure safe operation and to enhance runway safety.]

Textual Amendments

F5 Inserted by Commission Regulation (EU) 2015/140 of 29 January 2015 amending Regulation (EU) No 965/2012 as regards sterile flight crew compartment and correcting that Regulation.

NCC.GEN.120 Taxiing of aeroplanes U.K.

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:

(1)

is trained to taxi the aeroplane;

(2)

is trained to use the radio telephone, if radio communications are required;

(3)

has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures; and

(4)

is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.

NCC.GEN.125 Rotor engagement — helicopters U.K.

A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.

NCC.GEN.130 Portable electronic devices U.K.

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.

NCC.GEN.135 Information on emergency and survival equipment carried U.K.

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.

NCC.GEN.140 Documents, manuals and information to be carried U.K.

(a) The following documents, manuals and information shall be carried on each flight as originals or copies unless otherwise specified: U.K.

(1)

the AFM, or equivalent document(s);

(2)

the original certificate of registration;

(3)

the original certificate of airworthiness (CofA);

(4)

the noise certificate;

(5)

the declaration as specified in Annex III (Part-ORO), ORO.DEC.100, to Regulation (EU) No 965/2012;

(6)

the list of specific approvals, if applicable;

(7)

the aircraft radio licence, if applicable;

(8)

the third party liability insurance certificate(s);

(9)

the journey log, or equivalent, for the aircraft;

(10)

details of the filed ATS flight plan, if applicable;

(11)

current and suitable aeronautical charts for the route of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;

(12)

procedures and visual signals information for use by intercepting and intercepted aircraft;

(13)

information concerning search and rescue services for the area of the intended flight;

(14)

the current parts of the operations manual that are relevant to the duties of the crew members, which shall be easily accessible to the crew members;

(15)

the MEL or CDL;

(16)

appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;

(17)

appropriate meteorological information;

(18)

cargo and/or passenger manifests, if applicable; and

(19)

any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.

(b) 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. U.K.

[F4 NCC.GEN.145 Handling of flight recorder recordings: preservation, production, protection and use] U.K.

[F4 (a) Following an accident, a serious incident or an occurrence identified by the investigating authority, the operator of an aircraft shall preserve the original recorded data for a period of 60 days or until otherwise directed by the investigating authority.] U.K.

(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. U.K.

(c) The operator shall save the recordings for the period of operating time of the FDR as required by NCC.IDE.A.165 or NCC.IDE.H.165, 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. U.K.

(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. U.K.

(e) The operator shall make available any flight recorder recording that has been preserved, if so determined by the competent authority. U.K.

[F4 (f) Without prejudice to Regulation (EU) No 996/2010: U.K.

(1)

Except for ensuring the CVR serviceability, CVR recordings shall not be disclosed or used unless:

(i)

a procedure related to the handling of CVR recordings and of their transcript is in place;

(ii)

all crew members and maintenance personnel concerned have given their prior consent; and

(iii)

they are used only for maintaining or improving safety.

(1a)

When a CVR recording is inspected for ensuring the CVR serviceability, the operator shall ensure the privacy of the CVR recording and the CVR recording shall not be disclosed or used for other purposes than ensuring the CVR serviceability.

(2)

FDR recordings or data link recordings shall only be used for purposes other than for the investigation of an accident or an incident which is subject to mandatory reporting, if such records are:

(i)

used by the operator for airworthiness or maintenance purposes only; or

(ii)

de-identified; or

(iii)

disclosed under secure procedures.]

NCC.GEN.150 Transport of dangerous goods U.K.

(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 supplements and any other addenda or corrigenda. U.K.

(b) Dangerous goods shall only be transported by the operator approved in accordance with Annex V (Part-SPA), Subpart G, to Regulation (EU) No 965/2012 except when: U.K.

(1)

they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions; or

(2)

they are carried by passengers or crew members, or are in baggage, in accordance with Part 8 of the Technical Instructions.

(c) The operator shall establish procedures to ensure that all reasonable measures are taken to prevent dangerous goods from being carried on board inadvertently. U.K.

(d) The operator shall provide personnel with the necessary information enabling them to carry out their responsibilities, as required by the Technical Instructions. U.K.

(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 any dangerous goods accidents or incidents. U.K.

(f) The operator shall ensure that passengers are provided with information about dangerous goods in accordance with the Technical Instructions. U.K.

(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.] U.K.

Textual Amendments

F1 Inserted by 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 (Text with EEA relevance).