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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
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Version Superseded: 31/12/2020
Point in time view as at 25/09/2019.
There are currently no known outstanding effects by UK legislation for Commission Regulation (EU) No 965/2012, ANNEX VIII .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
Textual Amendments
F2 Substituted by Commission Implementing Regulation (EU) 2019/1384 of 24 July 2019 amending Regulations (EU) No 965/2012 and (EU) No 1321/2014 as regards the use of aircraft listed on an air operator certificate for non-commercial operations and specialised operations, the establishment of operational requirements for the conduct of maintenance check flights, the establishment of rules on non-commercial operations with reduced cabin crew on board and introducing editorial updates concerning air operations requirements (Text with EEA relevance).
Textual Amendments
competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority.
[F4parachute dropping, sailplane towing with an aeroplane or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and being referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation.]
Textual Amendments
The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business, is established or is residing.]
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.
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Textual Amendments
Textual Amendments
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 perform his/her duties; or
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.
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, if applicable; and
provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.
any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and
any incident that was endangering, or could endanger, the safety of the operation.
any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and
any incident that was endangering, or could endanger, the safety of the operation.
the safety of the aircraft and of all crew members, task specialists and cargo on board during aircraft operations;
the initiation, continuation, termination or diversion of a flight in the interest of safety;
ensuring that all operational procedures and checklists are complied with in accordance with the appropriate manual;
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:
the aircraft is airworthy;
the aircraft is duly registered;
[F4instruments 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, if applicable, as required in points SPO.IDE.A.105 or SPO.IDE.H.105;]
[F6the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within the limits prescribed in the airworthiness documentation;]
all equipment and baggage is properly loaded and secured; [F7 and]
the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight; [F8and]
[F8any navigational database required for PBN is suitable and current;]
not commencing a flight if he/she, or any other crew member or task specialist is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
not continuing a flight beyond the nearest weather-permissible aerodrome or operating site when his/her or any other crew member or task specialist’s capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;
deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or MEL, if applicable;
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
[F9ensuring that:
flight recorders are not disabled or switched off during flight;
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
in the event of an accident or a serious incident, or if preservation of recordings of flight recorders is directed by the investigating authority:
flight recorders' recordings are not intentionally erased;
flight recorders are deactivated immediately after the flight is completed; and
precautionary measures to preserve the recordings of flight recorders are taken before leaving the flight crew compartment.]
Textual Amendments
F7 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.
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Textual Amendments
The pilot-in-command, crew members and task specialists shall comply with the laws, regulations and procedures of those States where operations are conducted.
The operator shall ensure that all crew members and task specialists are able to communicate with each other in a common language.
The operator shall establish procedures for taxiing of aircraft in order to ensure safe operation and in order to enhance runway safety.]
Textual Amendments
The operator shall ensure that an aeroplane is only taxied on the movement area of an aerodrome if the person at the controls:
is an appropriately qualified pilot; or
has been designated by the operator and:
is trained to taxi the aeroplane;
is trained to use the radio telephone, if radio communications are required;
has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures; and
is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.
A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.
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.
Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.
Prior to using a type B EFB application, the operator shall:
conduct a risk assessment related to the use of the EFB device that hosts the application, to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately mitigated; the risk assessment shall address the risks associated with the human–machine interface of the EFB device and the EFB application concerned; and
establish an EFB administration system, including procedures and training requirements for the administration and use of the EFB device and the EFB application.]
Textual Amendments
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.
the AFM, or equivalent document(s);
the original certificate of registration;
the original certificate of airworthiness (CofA);
the noise certificate, if applicable;
a copy of the declaration as specified in ORO.DEC.100 and, if applicable, a copy of the authorisation as specified in ORO.SPO.110;
the list of specific approvals, if applicable;
the aircraft radio licence, if applicable;
the third party liability insurance certificate(s);
the journey log, or equivalent, for the aircraft;
[F13the aircraft technical log, in accordance with to Regulation (EU) No 1321/2014, if applicable;]
details of the filed ATS flight plan, if applicable;
current and suitable aeronautical charts for the route/area of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;
procedures and visual signals information for use by intercepting and intercepted aircraft;
information concerning search and rescue services for the area of the intended flight;
the current parts of the operations manual and/or SOP or AFM that are relevant to the duties of crew members and task specialists, which shall be easily accessible to them;
the MEL or CDL, if applicable;
appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;
appropriate meteorological information, if applicable;
cargo manifests, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
Textual Amendments
F13 Substituted by Commission Implementing Regulation (EU) 2019/1387 of 1 August 2019 amending Regulation (EU) No 965/2012 as regards requirements for aeroplane landing performance calculations and the standards for assessing the runway surface conditions, update on certain aircraft safety equipment and requirements and operations without holding an extended range operational approval.
intending to take off and land at the same aerodrome or operating site; or
remaining within a distance or area determined by the competent authority in accordance with ARO.OPS.210.
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 of the flight recorders for a period of 60 days or until otherwise directed by the investigating authority.
The operator shall conduct operational checks and evaluations of recordings to ensure the continued serviceability of the flight recorders which are required to be carried.
The operator shall ensure that the recordings of flight parameters and data link communication messages required to be recorded on flight recorders are preserved. However, for the purpose of testing and maintaining those flight recorders, up to 1 hour of the oldest recorded data at the time of testing may be erased.
The operator shall keep and maintain up to date documentation that presents the necessary information to convert raw flight data into flight parameters expressed in engineering units.
The operator shall make available any flight recorder recordings that have been preserved, if so determined by the competent authority.
Without prejudice to Regulations (EU) No 996/2010 and (EU) 2016/679, and except for ensuring flight recorder serviceability:
audio recordings from a flight recorder shall not be disclosed or used unless all the following conditions are fulfilled:
a procedure related to the handling of such audio recordings and of their transcript is in place;
all crew members and maintenance personnel concerned have given their prior consent;
such audio recordings are used only for maintaining or improving safety.
When flight recorder audio recordings are inspected for ensuring flight recorder serviceability, the operator shall protect the privacy of those audio recordings and make sure that they are not disclosed or used for purposes other than ensuring flight recorder serviceability.
Flight parameters or data link messages recorded by a flight recorder shall not be used for purposes other than for the investigation of an accident or an incident that is subject to mandatory reporting. That limitation shall not apply, unless such recordings meet any of the following conditions:
are used by the operator for airworthiness or maintenance purposes only;
are de-identified;
are disclosed under secure procedures.
Except for ensuring flight recorder serviceability, images of the flight crew compartment that are recorded by a flight recorder shall not be disclosed or used unless all of the following conditions are fulfilled:
a procedure related to the handling of such image recordings is in place;
all crew members and maintenance personnel concerned have given their prior consent;
such image recordings are used only for maintaining or improving safety.
When images of the flight crew compartment that are recorded by a flight recorder are inspected for ensuring the serviceability of the flight recorder, then:
those images shall not be disclosed or used for purposes other than ensuring flight recorder serviceability;
if body parts of crew members are likely to be visible on the images, the operator shall ensure the privacy of those images.]
they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions;
they are carried by task specialists or crew members or are in baggage which has been separated from its owner, in accordance with Part 8 of the Technical Instructions;
required on board the aircraft for specialised purposes in accordance with the Technical Instructions;
they are used to facilitate flight safety where carriage aboard the aircraft is reasonable to ensure their timely availability for operational purposes, whether or not such articles and substances are required to be carried or intended to be used in connection with a particular flight.
any dangerous good accident or incidents;
the finding of dangerous goods carried by task specialists or crew, or in their baggage, when not in accordance with Part 8 of the Technical Instructions.
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.
The pilot-in-command shall make the final decision regarding the admission to the flight crew compartment and shall ensure that:
admission to the flight crew compartment does not cause distraction or interference with the operation of the flight; and
all persons carried in the flight crew compartment are made familiar with the relevant safety procedures.
The operator shall only use aerodromes and operating sites that are adequate for the type of aircraft and operation concerned.
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:
for aeroplanes with reciprocating engines, 60 minutes; or
for aeroplanes with turbine engines, 90 minutes.
not be lower than those established by the State in which the aerodrome is located, except when specifically approved by that State; and
when undertaking low visibility operations, be approved by the competent authority in accordance with Annex V (Part-SPA), Subpart E to Regulation (EU) No 965/2012.
the type, performance and handling characteristics of the aircraft;
the competence and experience of the flight crew and, if applicable, its composition;
the dimensions and characteristics of the runways and final approach and take-off areas (FATOs) that may be selected for use;
the adequacy and performance of the available visual and non-visual ground aids;
the equipment available on the aircraft for the purpose of navigation and/or control of the flight path, during the take-off, the approach, the flare, the landing, the rollout and the missed approach;
the obstacles in the approach, the missed approach and the climb-out areas required for the execution of contingency procedures;
the obstacle clearance altitude/height for the instrument approach procedures;
the means to determine and report meteorological conditions; and
the flight technique to be used during the final approach.
the ground equipment required for the intended procedure is operative;
the aircraft systems required for the type of approach are operative;
the required aircraft performance criteria are met; and
the flight crew is qualified appropriately.
the minimum height to which the approach aid can be used without the required visual reference;
the obstacle clearance height (OCH) for the category of aircraft;
the published approach procedure DH where applicable;
the system minimum specified in Table 1; or
the minimum DH specified in the AFM or equivalent document, if stated.
the OCH for the category of aircraft;
the system minimum specified in Table 1; or
the minimum MDH specified in the AFM, if stated.
Table 1 | |
System minima | |
Facility | Lowest DH/MDH (ft) |
---|---|
Instrument landing system (ILS) | 200 |
Global navigation satellite system (GNSS)/satellite-based augmentation system (SBAS) (lateral precision with vertical guidance approach (LPV)) | 200 |
GNSS (lateral navigation (LNAV)) | 250 |
GNSS/Baro-vertical navigation (VNAV) (LNAV/VNAV) | 250 |
Localiser (LOC) with or without distance measuring equipment (DME) | 250 |
Surveillance radar approach (SRA) (terminating at ½ NM) | 250 |
SRA (terminating at 1 NM) | 300 |
SRA (terminating at 2 NM or more) | 350 |
VHF omnidirectional radio range (VOR) | 300 |
VOR/DME | 250 |
Non-directional beacon (NDB) | 350 |
NDB/DME | 300 |
VHF direction finder (VDF) | 350 |
the published circling OCH for the aeroplane category;
the minimum circling height derived from Table 1; or
the DH/MDH of the preceding instrument approach procedure.
the circling visibility for the aeroplane category, if published;
the minimum visibility derived from Table 2; or
the runway visual range/converted meteorological visibility (RVR/CMV) of the preceding instrument approach procedure.
Table 1 | ||||
MDH and minimum visibility for circling vs. aeroplane category | ||||
Aeroplane category | ||||
---|---|---|---|---|
A | B | C | D | |
MDH (ft) | 400 | 500 | 600 | 700 |
Minimum meteorological visibility (m) | 1 500 | 1 600 | 2 400 | 3 600 |
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.
provided obstacle clearance criteria can be observed, full account is taken of the operating conditions and any ATC clearance is adhered to; or
when being radar-vectored by an ATC unit.
The operator shall ensure that, when PBN is required for the route or procedure to be flown:
the relevant PBN specification is stated in the AFM or other document that has been approved by the certifying authority as part of an airworthiness assessment or is based on such approval; and
the aircraft is operated in conformance with the relevant navigation specification and limitations in the AFM or other document mentioned above.]
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.
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for visual flight rules (VFR) flights:
by day, to fly to the aerodrome of intended landing and thereafter to fly for at least 30 minutes at normal cruising altitude; or
by night, to fly to the aerodrome of intended landing and thereafter to fly for at least 45 minutes at normal cruising altitude;
for IFR flights:
when no destination alternate is required, to fly to the aerodrome of intended landing and thereafter to fly for at least 45 minutes at normal cruising altitude; or
when a destination alternate is required, to fly to the aerodrome of intended landing, to an alternate aerodrome and thereafter to fly for at least 45 minutes at normal cruising altitude.
forecast meteorological conditions;
anticipated ATC routings and traffic delays;
procedures for loss of pressurisation or failure of one engine while en-route, where applicable; and
any other condition that may delay the landing of the aeroplane or increase fuel and/or oil consumption.
for VFR flights:
to fly to the aerodrome/operating site of intended landing and thereafter to fly for at least 20 minutes at best-range-speed; or
for VFR flights by day, a reserve fuel of 10 minutes at best-range-speed provided the he/she remains within 25 NM of the aerodrome/operating site of departure; and
for IFR flights:
when no alternate is required or no weather-permissible alternate aerodrome is available, to fly to the aerodrome/operating site of intended landing, and thereafter to fly for 30 minutes at normal cruising speed at 450 m ( 1 500 ft) above the destination aerodrome/operating site under standard temperature conditions and approach and land; or
when an alternate is required, to fly to and execute an approach and a missed approach at the aerodrome/operating site of intended landing, and thereafter:
to fly to the specified alternate; and
to fly for 30 minutes at normal holding speed at 450 m ( 1 500 ft) above the alternate aerodrome/operating site under standard temperature conditions and approach and land.
forecast meteorological conditions;
anticipated ATC routings and traffic delays;
failure of one engine while en-route, where applicable; and
any other condition that may delay the landing of the aircraft or increase fuel and/or oil consumption.
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emergency equipment and procedures;
operational procedures associated with the specialised task before each flight or series of flights
Textual Amendments
a study of available current weather reports and forecasts; and
the planning of an alternative course of action to provide for the eventuality that the flight cannot be completed as planned, because of weather conditions.
for aeroplanes having two engines, not more than a distance equivalent to a flight time of 1 hour at the single-engine cruise speed in still air standard conditions; and
for aeroplanes having three or more engines, not more than a distance equivalent to a flight time of 2 hours at the one-engine-inoperative (OEI) cruise speed according to the AFM in still air standard conditions.
For IFR flights, the pilot-in-command shall specify at least one weather-permissible destination alternate aerodrome in the flight plan, unless:
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
the place of intended landing is isolated and:
an instrument approach procedure is prescribed for the aerodrome of intended landing; and
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:
a cloud base of at least 300 m ( 1 000 ft) above the minimum associated with the instrument approach procedure; and
visibility of at least 5,5 km or of 4 km more than the minimum associated with the procedure.
For IFR flights, the pilot-in-command shall specify at least one weather-permissible destination alternate aerodrome in the flight plan, unless:
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:
a cloud base of at least 120 m (400 ft) above the minimum associated with the instrument approach procedure; and
visibility of at least 1 500 m more than the minimum associated with the procedure; or
the place of intended landing is isolated and:
an instrument approach procedure is prescribed for the aerodrome of intended landing;
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:
the cloud base is at least 120 m (400 ft) above the minimum associated with the instrument approach procedure;
visibility is at least 1 500 m more than the minimum associated with the procedure [F14.]
[F7. . . . .]
The pilot-in-command shall ensure that sufficient means are available to navigate and land at the destination aerodrome or at any destination alternate aerodrome in the case of loss of capability for the intended approach and landing operation.]
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.]
The pilot-in-command shall not allow smoking on board or during refuelling or defuelling of the aircraft.
Before commencing take-off, the pilot-in-command shall be satisfied that:
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
applicable aerodrome operating minima will be complied with.
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Unless a task specialist is on-board the aircraft for training, the pilot-in-command shall, when carrying task specialists, not simulate:
situations that require the application of abnormal or emergency procedures; or
flight in instrument meteorological conditions (IMC).
the duration of the excursion above 13 000 ft is not more than 10 minutes or, if needed for a longer period, the time strictly necessary to the accomplishment of the specialised task;
the flight is not conducted above 16 000 ft;
the safety briefing in accordance with SPO.OP.135 includes adequate information to crew members and tasks specialists on the effects of hypoxia;
SOPs for the concerned operation reflecting (1), (2) and (3);
the previous experience of the operator in conducting operations above 13 000 ft without using supplemental oxygen;
the individual experience of crew members and task specialists and their physiological adaptation to high altitudes; and
the altitude of the base where the operator is established or the operations are conducted from.
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 intended to be used would not prevent a safe approach, landing or missed approach.]
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 final approach and take-off area (FATO) intended to be used would not prevent a safe approach, landing or missed approach.]
Textual Amendments
F15 Inserted by Commission Implementing Regulation (EU) 2019/1387 of 1 August 2019 amending Regulation (EU) No 965/2012 as regards requirements for aeroplane landing performance calculations and the standards for assessing the runway surface conditions, update on certain aircraft safety equipment and requirements and operations without holding an extended range operational approval.
below 1 000 ft above the aerodrome; or
into the final approach segment in the case where the decision altitude/height (DA/H) or minimum descent altitude/height (MDA/H) is more than 1 000 ft above the aerodrome,
The operator shall ensure that the mass and the CG of the aircraft have been established by actual weighing prior to the initial entry into service of the aircraft. 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.
[F4The weighing shall be accomplished by the manufacturer of the aircraft or by an approved maintenance organisation.] ]
aircraft dry operating mass;
mass of the traffic load;
mass of the fuel load;
aircraft load and load distribution;
take-off mass, landing mass and zero fuel mass;
applicable aircraft CG positions.]
the aircraft is performed under the supervision of qualified personnel; and
traffic load is consistent with the data used for the calculation of the aircraft mass and balance.
aircraft registration and type;
flight identification, number and date, as applicable;
name of the pilot-in-command;
name of the person who prepared the document;
dry operating mass and the corresponding CG of the aircraft;
mass of the fuel at take-off and the mass of trip fuel;
mass of consumables other than fuel, if applicable;
load components;
take-off mass, landing mass and zero fuel mass;
applicable aircraft CG positions; and
the limiting mass and CG values.
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.
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.
The operator shall ensure that:
the mass of the aeroplane at the start of take-off shall not exceed the mass limitations:
at take-off, as required in SPO.POL.130;
en-route with one engine inoperative (OEI), as required in SPO.POL.135; and
at landing, as required in SPO.POL.140,
allowing for expected reductions in mass as the flight proceeds, and for fuel jettisoning;
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
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.
the calculated take-off distance shall not exceed the take-off distance available with a clearway distance not exceeding half of the take-off run available;
the calculated take-off run shall not exceed the take-off run available;
a single value of V1 shall be used for the rejected and continued take-off, where a V1 is specified in the AFM; and
on a wet or contaminated runway, the take-off mass shall not exceed that permitted for a take-off on a dry runway under the same conditions.
to discontinue the take-off and stop within the accelerate-stop distance available or the runway available; or
to continue the take-off and clear all obstacles along the flight path by an adequate margin until the aeroplane is in a position to comply with SPO.POL.135.
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.
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.
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:
establish operational procedures to minimise the consequences of an engine failure;
establish a training programme for crew members; and
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.
the helicopter is certified in category A or B; and
safety measures are established to prevent undue hazard to persons or property on the ground and the operation and its SOP is authorised.
establish operational procedures to minimise the consequences of an engine failure;
establish a training programme for crew members; and
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.
a hover out of ground effect (HOGE) with all engines operating at the appropriate power rating; or
if conditions prevail that a HOGE is not likely to be established, the helicopter mass shall not exceed the maximum mass specified for a hover in ground effect (HIGE) with all engines operating at the appropriate power rating, provided prevailing conditions allow a hover in ground effect at the maximum specified mass.
used by the flight crew to control the flight path;
used to comply with SPO.IDE.A.215;
used to comply with SPO.IDE.A.220; or
installed in the aeroplane.
spare fuses;
independent portable lights;
an accurate time piece;
chart holder;
first aid kits;
survival and signalling equipment;
sea anchor and equipment for mooring;
a simple PCDS used by a task specialist as a restraint device.
the information provided by those instruments, equipment or accessories shall not be used by the flight crew members to comply with Annex II to Regulation (EU) 2018/1139 or points SPO.IDE.A.215 and SPO.IDE.A.220 of this Annex;
the instruments, equipment or accessories shall not affect the airworthiness of the aeroplane, even in the case of failures or malfunction.]
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 either of the following conditions is fulfilled:
the aeroplane is operated in accordance with the minimum equipment list (MEL);
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) in accordance with point ORO.MLR.105(j) of Annex III;
the aeroplane is subject to a permit to fly issued in accordance with the applicable airworthiness requirements.]
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.
Aeroplanes operated at night shall be equipped with:
an anti-collision light system;
navigation/position lights;
a landing light;
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;
lighting supplied from the aeroplane’s electrical system to provide illumination in all cabin compartments;
an independent portable light for each crew member station; and
lights to conform with the International Regulations for Preventing Collisions at Sea if the aeroplane is operated as a seaplane.
magnetic heading,
time in hours, minutes and seconds,
[F2barometric altitude,]
indicated airspeed,
Mach number whenever speed limitations are expressed in terms of Mach number, and
slip for complex motor-powered aeroplanes.
a means of measuring and displaying the following:
turn and slip,
attitude,
vertical speed, and
stabilised heading;
a means of indicating when the supply of power to the gyroscopic instruments is not adequate.
[F2barometric altitude,]
indicated airspeed,
slip, or turn and slip, as applicable,
attitude, if applicable,
vertical speed, if applicable
stabilised heading, if applicable, and
Mach number whenever speed limitations are expressed in terms of Mach number, if applicable.
Aeroplanes operated under IFR shall be equipped with:
a means of measuring and displaying the following:
magnetic heading,
time in hours, minutes and seconds,
[F2barometric altitude,]
indicated airspeed,
vertical speed,
turn and slip,
attitude,
stabilised heading,
outside air temperature, and
Mach number, whenever speed limitations are expressed in terms of Mach number;
a means of indicating when the supply of power to the gyroscopic instruments is not adequate.
whenever two pilots are required for the operation, an additional separate means of displaying for the second pilot:
[F2barometric altitude,]
indicated airspeed,
vertical speed,
turn and slip,
attitude,
stabilised heading, and
Mach number whenever speed limitations are expressed in terms of Mach number, if applicable;
a means of preventing malfunction of the airspeed indicating system required in (a)(4) and (c)(2) due to condensation or icing; and
complex motor-powered aeroplanes when operated under IFR shall, in addition to (a), (b), (c) and (d), be equipped with:
an alternate source of static pressure;
a chart holder in an easily readable position that can be illuminated for night operations;
a second independent means of measuring and displaying altitude unless already installed to comply with (e)(1); and
[F2an emergency power supply, independent of the main electrical generating system, for the purpose of operating and illuminating an attitude indicating system for a minimum period of 30 minutes. The emergency power supply shall be automatically operative after the total failure of the main electrical generating system and clear indication shall be given on the instrument or on the instrument panel that the attitude indicator is being operated by emergency power.]
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.
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:
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
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 .
When used in commercial operations, turbine-powered aeroplanes for which the individual CofA was first issued after 1 January 2019 and having an MCTOM of 5 700 kg or less and an MOPSC of six to nine shall be equipped with a TAWS that meets the requirements for class B equipment, as specified in an acceptable standard.]
Textual Amendments
F16 Substituted by Commission Regulation (EU) 2018/1042 of 23 July 2018 amending Regulation (EU) No 965/2012, as regards technical requirements and administrative procedures related to introducing support programmes, psychological assessment of flight crew, as well as systematic and random testing of psychoactive substances to ensure medical fitness of flight and cabin crew members, and as regards equipping newly manufactured turbine-powered aeroplanes with a maximum certified take-off mass of 5700 kg or less and approved to carry six to nine passengers with a terrain awareness warning system.
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.
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:
pressurised aeroplanes;
non-pressurised aeroplanes with an MCTOM of more than 5 700 kg.
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.
aeroplanes with an MCTOM of more than 27 000 kg and first issued with an individual CofA on or after 1 January 2016 ; and
aeroplanes with an MCTOM of more than 2 250 kg:
certified for operation with a minimum crew of at least two pilots;
equipped with turbojet engine(s) or more than one turboprop engine; and
for which a type certificate is first issued on or after 1 January 2016 .
the preceding 25 hours for aeroplanes with an MCTOM of more than 27 000 kg and first issued with an individual CofA on or after 1 January 2021 ; or
the preceding 2 hours in all other cases.]
voice communications transmitted from or received in the flight crew compartment by radio;
flight crew members’ voice communications using the interphone system and the public address system, if installed;
the aural environment of the flight crew compartment, including, without interruption, the audio signals received from each boom and mask microphone in use; and
voice or audio signals identifying navigation or approach aids introduced into a headset or speaker.
Turbine-engined aeroplanes with an MCTOM of 2 250 kg or more and aeroplanes with an MOPSC of more than 9 shall be equipped with a flight recorder if all the following conditions are met:
they are not within the scope of point SPO.IDE.A.145(a);
they are used for commercial operations;
they are first issued with an individual CofA on or after 5 September 2022 .
The flight recorder shall record, by means of flight data or images, information that is sufficient to determine the flight path and aircraft speed.
The flight recorder shall be capable of retaining the flight data and the images recorded during at least the preceding 5 hours.
The flight recorder shall automatically start to record prior to the aeroplane being capable of moving under its own power and shall stop automatically after the aeroplane is no longer capable of moving under its own power.
If the flight recorder records images or audio of the flight crew compartment, then a function shall be provided which can be operated by the pilot-in-command and which modifies image and audio recordings made before the operation of that function, so that those recordings cannot be retrieved using normal replay or copying techniques.]
data link communication messages related to ATS communications to and from the aeroplane, including messages applying to the following applications:
data link initiation;
controller-pilot communication;
addressed surveillance;
flight information;
as far as is practicable, given the architecture of the system, aircraft broadcast surveillance;
as far as is practicable, given the architecture of the system, aircraft operational control data; and
as far as is practicable, given the architecture of the system, graphics;
information that enables correlation to any associated records related to data link communications and stored separately from the aeroplane; and
information on the time and priority of data link communications messages, taking into account the system’s architecture.
Compliance with CVR requirements and FDR requirements may be achieved by:
one flight data and cockpit voice combination recorder if the aeroplane has to be equipped with a CVR or an FDR; or
two flight data and cockpit voice combination recorders if the aeroplane has to be equipped with a CVR and an FDR.
Aeroplanes shall be equipped with:
a seat or station for each crew member or task specialist on board;
a seat belt on each seat, and restraint devices for each station;
[F14for other-than-complex motor-powered aeroplanes, a seat belt with upper torso restraint system on each flight crew seat, having a single point release for aeroplanes having a CofA first issued on or after 25 August 2016 ;
for complex motor-powered aeroplanes, a seat belt with upper torso restraint system, incorporating a device that will automatically restrain the occupant's torso in the event of rapid deceleration:
on each flight crew seat and on any seat alongside a pilot's seat; and
on each observer's seat located in the flight crew compartment;]
[F2The seat belt with upper torso restraint system required under point (d) shall have:
a single point release;
on flight crew members seats and on any seat alongside a pilot's seat, either of the following:
two shoulder straps and a seat belt that may be used independently;
a diagonal shoulder strap and a seat belt that may be used independently for the following aeroplanes:
aeroplanes with an MCTOM of 5 700 kg or less and with an MOPSC of nine or less that are compliant with the emergency landing dynamic conditions defined in the applicable certification specification;
aeroplanes with an MCTOM of 5 700 kg or less and with an MOPSC of nine or less that are not compliant with the emergency landing dynamic conditions defined in the applicable certification specification and having an individual CofA first issued before 25 August 2016 .]
readily accessible for use; and
kept up-to-date.
for any period when the cabin pressure altitude exceeds 15 000 ft, but in no case less than 10 minutes’ supply;
for any period when, in the event of loss of pressurisation and taking into account the circumstances of the flight, the pressure altitude in the flight crew and cabin compartment will be between 14 000 ft and 15 000 ft;
for any period in excess of 30 minutes when the pressure altitude in the flight crew and cabin compartment will be between 10 000 ft and 14 000 ft; and
for no less than 10 minutes, in the case of aeroplanes operated at pressure altitudes above 25 000 ft, or operated below that altitude, but under conditions that will not allow them to descend safely to a pressure altitude of 13 000 ft within 4 minutes.
a device to provide a warning indication to the flight crew of any loss of pressurisation; and
in the case of complex motor-powered aeroplanes, quick donning masks for flight crew members.
all crew members for any period in excess of 30 minutes when the pressure altitude in the cabin compartment will be between 10 000 ft and 13 000 ft; and
all persons on board for any period that the pressure altitude in the cabin compartment will be above 13 000 ft.
in the flight crew compartment; and
in each cabin compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.]
Aeroplanes with an MCTOM of more than 5 700 kg shall be equipped with at least one crash axe or crowbar located in the flight crew compartment.
If areas of the aeroplane’s fuselage suitable for break-in by rescue crews in an emergency are marked, such areas shall be marked as shown in Figure 1.
an ELT of any type or an aircraft localisation means meeting the requirement of Annex IV (Part CAT), CAT.GEN.MPA.210, to Regulation (EU) No 965/2012, when first issued with an individual CofA on or before 1 July 2008 ;
an automatic ELT or an aircraft localisation means meeting the requirement of Annex IV (Part CAT), CAT.GEN.MPA.210, to Regulation (EU) No 965/2012, when first issued with an individual CofA after 1 July 2008 ; or
a survival ELT (ELT(S)) or a personal locator beacon (PLB), carried by a crew member or a task specialist, when certified for a maximum seating configuration of six or less.]
single-engine landplanes when:
flying over water beyond gliding distance from land; or
taking off or landing at an aerodrome or operating site where, in the opinion of the pilot-in-command, the take-off or approach path is so disposed over water that there would be a likelihood of a ditching;
seaplanes operated over water; and
aeroplanes operated at a distance away from land where an emergency landing is possible greater than that corresponding to 30 minutes at normal cruising speed or 50 NM, whichever is less.
a sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the aeroplane on water, appropriate to its size, weight and handling characteristics; and
equipment for making the sound signals as prescribed in the International Regulations for Preventing Collisions at Sea, where applicable.
equipment for making the distress signals;
life-rafts in sufficient numbers to carry all persons on board, stowed so as to facilitate their ready use in emergency; and
life-saving equipment, to provide the means of sustaining life, as appropriate to the flight to be undertaken.
signalling equipment to make the distress signals;
at least one survival ELT (ELT(S)); and
additional survival equipment for the route to be flown taking account of the number of persons on board.
remains within a distance from an area where search and rescue is not especially difficult corresponding to:
120 minutes at one-engine-inoperative (OEI) cruising speed for aeroplanes capable of continuing the flight to an aerodrome with the critical engine(s) becoming inoperative at any point along the route or planned diversion routes; or
30 minutes at cruising speed for all other aeroplanes; or
remains within a distance no greater than that corresponding to 90 minutes at cruising speed from an area suitable for making an emergency landing, for aeroplanes certified in accordance with the applicable airworthiness standard.
Each person on board shall wear individual protective equipment that is adequate for the type of operation being undertaken.
conducting two-way communication for aerodrome control purposes;
receiving meteorological information at any time during flight;
conducting two-way communication at any time during flight with those aeronautical stations and on those frequencies prescribed by the appropriate authority; and
providing for communication on the aeronautical emergency frequency 121,5 MHz.
the ATS flight plan, if applicable; and
the applicable airspace requirements.
Textual Amendments
F17 Inserted by Commission Implementing Regulation (EU) 2019/1384 of 24 July 2019 amending Regulations (EU) No 965/2012 and (EU) No 1321/2014 as regards the use of aircraft listed on an air operator certificate for non-commercial operations and specialised operations, the establishment of operational requirements for the conduct of maintenance check flights, the establishment of rules on non-commercial operations with reduced cabin crew on board and introducing editorial updates concerning air operations requirements (Text with EEA relevance).
Where required by the airspace being flown, aeroplanes shall be equipped with a secondary surveillance radar (SSR) transponder with all the required capabilities.
Aeronautical databases used on certified aircraft system applications shall meet data quality requirements that are adequate for the intended use of the data.
The operator shall ensure the timely distribution and insertion of current and unaltered aeronautical databases to all aircraft that require them.
Notwithstanding any other occurrence reporting requirements as defined in Regulation (EU) No 376/2014, the operator shall report to the database provider instances of erroneous, inconsistent or missing data that might be reasonably expected to constitute a hazard to flight.
In such cases, the operator shall inform flight crew and other personnel concerned, and shall ensure that the affected data is not used.]
used by the flight crew to control the flight path;
used to comply with SPO.IDE.H.215;
used to comply with SPO.IDE.H.220; or
installed in the helicopter.
independent portable lights;
an accurate time piece;
first-aid kit;
survival and signalling equipment;
sea anchor and equipment for mooring;
child restraint device;
a simple PCDS used by a task specialist as a restraint device.]
the information provided by those instruments, equipment or accessories shall not be used by the flight crew members to comply with Annex II to Regulation (EU) 2018/1139 or points SPO.IDE.H.215 and SPO.IDE.H.220 of this Annex;
the instruments, equipment or accessories shall not affect the airworthiness of the helicopter, even in the case of failures or malfunction.]
A flight shall not be commenced when any of the helicopter's instruments, items of equipment or functions required for the intended flight is inoperative or missing, unless either of the following conditions is fulfilled:
the helicopter is operated in accordance with the minimum equipment list (MEL);
for complex motor-powered helicopters, and for any helicopter used in commercial operations, the operator is approved by the competent authority to operate the helicopter within the constraints of the master minimum equipment list (MMEL) in accordance with point ORO.MLR.105(j) of Annex III;
the helicopter is subject to a permit to fly issued in accordance with the applicable airworthiness requirements.]
Helicopters operated at night shall be equipped with:
an anti-collision light system;
navigation/position lights;
a landing light;
lighting supplied from the helicopter’s electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the helicopter;
lighting supplied from the helicopter’s electrical system to provide illumination in all cabin compartments;
an independent portable light for each crew member station; and
lights to conform with the International Regulations for Preventing Collisions at Sea if the helicopter is amphibious.
magnetic heading,
time in hours, minutes and seconds,
[F2barometric altitude,]
indicated airspeed, and
slip.
a means of measuring and displaying:
attitude,
vertical speed, and
stabilised heading;
a means of indicating when the supply of power to the gyroscopic instruments is not adequate; and
for complex motor-powered helicopters, a means of preventing malfunction of the airspeed indicating system required in (a)(4) due to condensation or icing.
[F2barometric altitude,]
indicated airspeed,
slip,
attitude, if applicable,
vertical speed, if applicable, and
stabilised heading, if applicable.
Helicopters operated under IFR shall be equipped with:
a means of measuring and displaying:
magnetic heading,
time in hours, minutes and seconds,
[F2barometric altitude,]
indicated airspeed,
vertical speed,
slip,
attitude,
stabilised heading, and
outside air temperature;
a means of indicating when the supply of power to the gyroscopic instruments is not adequate;
whenever two pilots are required for the operation, an additional separate means of displaying:
[F2barometric altitude,]
indicated airspeed,
vertical speed,
slip,
attitude, and
stabilised heading;
a means of preventing malfunction of the airspeed indicating system required by (a)(4) and (c)(2) due to condensation or icing;
an additional means of measuring and displaying attitude as a standby instrument; and
the following for complex motor-powered helicopters:
an alternate source of static pressure; and
a chart holder in an easily readable position that can be illuminated for night operations.
Helicopters operated under IFR with a single pilot shall be equipped with an autopilot with at least altitude hold and heading mode.
Helicopters operated under IFR or at night shall be equipped with airborne weather detecting equipment when current weather reports indicate that thunderstorms or other potentially hazardous weather conditions, regarded as detectable with airborne weather detecting equipment, may be expected to exist along the route to be flown.
Helicopters 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.
voice communications transmitted from or received in the flight crew compartment by radio;
flight crew members’ voice communications using the interphone system and the public address system, if installed;
the aural environment of the cockpit, including, without interruption, the audio signals received from each crew microphone; and
voice or audio signals identifying navigation or approach aids introduced into a headset or speaker.
Turbine-engined helicopters with an MCTOM of 2 250 kg or more shall be equipped with a flight recorder if all the following conditions are met:
they are within the scope of point SPO.IDE.H.145(a);
they are used for commercial operations;
they are first issued with an individual CofA on or after 5 September 2022 .
The flight recorder shall record, by means of flight data or images, information that is sufficient to determine the flight path and aircraft speed.
The flight recorder shall be capable of retaining the flight data and the images recorded during at least the preceding 5 hours.
The flight recorder shall automatically start to record prior to the helicopter being capable of moving under its own power and shall stop automatically after the helicopter is no longer capable of moving under its own power.
If the flight recorder records images or audio of the flight crew compartment, then a function shall be provided which can be operated by the pilot-in-command and which modifies image and audio recordings made before the operation of that function, so that those recordings cannot be retrieved using normal replay or copying techniques.]
data link communication messages related to ATS communications to and from the helicopter, including messages applying to the following applications:
data link initiation;
controller-pilot communication;
addressed surveillance;
flight information;
as far as is practicable, given the architecture of the system, aircraft broadcast surveillance;
as far as is practicable, given the architecture of the system, aircraft operational control data; and
as far as is practicable, given the architecture of the system, graphics;
information that enables correlation to any associated records related to data link communications and stored separately from the helicopter; and
information on the time and priority of data link communications messages, taking into account the system’s architecture.
Compliance with CVR and FDR requirements may be achieved by one flight data and cockpit voice combination recorder.
a seat or station for each crew member or task specialist on board;
a seat belt on each seat, and restraint devices for each station;
for helicopters first issued with an individual CofA after 31 December 2012 , a seat belt with an upper torso restraint system for each seat; and
a seat belt with upper torso restraint system incorporating a device that will automatically restrain the occupant’s torso in the event of rapid deceleration on each flight crew seat.
readily accessible for use; and
kept up-to-date.
all crew members for any period in excess of 30 minutes when the pressure altitude in the cabin compartment will be between 10 000 ft and 13 000 ft; and
all crew members and task specialists for any period that the pressure altitude in the cabin compartment will be above 13 000 ft.
in the flight crew compartment; and
in each cabin compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.
If areas of the helicopter’s fuselage suitable for break-in by rescue crews in an emergency are marked, such areas shall be marked as shown in Figure 1.
an automatic ELT; and
one survival ELT (ELT(S)) in a life-raft or life-jacket when the helicopter is operated at a distance from land corresponding to more than 3 minutes flying time at normal cruising speed.
flying over water beyond autorotational distance from the land where in case of the critical engine failure, the helicopter is not able to sustain level flight; or
flying over water at a distance of land corresponding to more than 10 minutes flying at normal cruising speed, where in case of the critical engine failure, the helicopter is able to sustain level flight; or
taking off or landing at an aerodrome/operating site where the take-off or approach path is over water.
equipment for making the distress signals;
life-rafts in sufficient numbers to carry all persons on board, stowed so as to facilitate their ready use in emergency; and
life-saving equipment to provide the means of sustaining life, as appropriate to the flight to be undertaken.
operated on a flight over water at a distance from land corresponding to more than 10 minutes flying time at normal cruising speed, where in the case of the critical engine failure, the helicopter is able to sustain level flight;
operated on a flight over water beyond auto-rotational distance from the land, where in the case of the critical engine failure, the helicopter is not able to sustain level flight; or
taking off or landing at an aerodrome or operating site where the take-off or approach path is so disposed over water that in the event of a mishap there would be the likelihood of a ditching.
Each person on board shall wear a survival suit when so determined by the pilot-in-command based on a risk assessment taking into account the following conditions:
flights over water beyond autorotational distance or safe forced-landing distance from land, where, in the case of a critical engine failure, the helicopter is not able to sustain level flight; and
the weather report or forecasts available to the pilot-in-command indicate that the sea temperature will be less than plus 10 °C during the flight.]
Helicopters operated:
on a flight over water at a distance from land corresponding to more than 10 minutes flying time at normal cruising speed where in the case of the critical engine failure, the helicopter is able to sustain level flight; or
on a flight over water at a distance corresponding to more than 3 minutes flying time at normal cruising speed, where in the case of the critical engine failure, the helicopter is not able to sustain level flight, and if so determined by the pilot-in-command by means of a risk assessment, shall be equipped with:
at least one life-raft with a rated capacity of not less than the maximum number of persons on board, stowed so as to facilitate their ready use in emergency;
at least one survival ELT (ELT(S)) for each required life-raft; and
life-saving equipment, including means of sustaining life, as appropriate to the flight to be undertaken.
Helicopters operated over areas in which search and rescue would be especially difficult shall be equipped with:
signalling equipment to make distress signals;
at least one survival ELT (ELT(S)); and
additional survival equipment for the route to be flown taking account of the number of persons on board.
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Helicopters certified for operating on water shall be equipped with:
a sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the helicopter on water, appropriate to its size, weight and handling characteristics; and
equipment for making the sound signals prescribed in the International Regulations for Preventing Collisions at Sea, where applicable.
[F3Complex motor-powered helicopters operated on a flight over water in a hostile environment at a distance from land corresponding to more than 10 minutes' flying time at normal cruising speed and other-than complex motor-powered helicopters flying over water in a hostile environment beyond a distance of 50 NM from land shall be:]
designed for landing on water in accordance with the relevant airworthiness code;
certified for ditching in accordance with the relevant airworthiness code; or
fitted with emergency flotation equipment.
Each person on board shall wear individual protective equipment that is adequate for the type of operation being undertaken.
Whenever a radio communication and/or radio navigation system is required, helicopters shall be equipped with a headset with boom microphone or equivalent and a transmit button on the flight controls for each required pilot, crew member and/or task specialist at his/her assigned station.
conducting two-way communication for aerodrome control purposes;
receiving meteorological information;
conducting two-way communication at any time during flight with those aeronautical stations and on those frequencies prescribed by the appropriate authority; and
providing for communication on the aeronautical emergency frequency 121,5 MHz.
the ATS flight plan, if applicable; and
the applicable airspace requirements.
Where required by the airspace being flown, helicopters shall be equipped with a secondary surveillance radar (SSR) transponder with all the required capabilities.
Aeronautical databases used on certified aircraft system applications shall meet data quality requirements that are adequate for the intended use of the data.
The operator shall ensure the timely distribution and insertion of current and unaltered aeronautical databases to all aircraft that require them.
Notwithstanding any other occurrence reporting requirements as defined in Regulation (EU) No 376/2014, the operator shall report to the database provider instances of erroneous, inconsistent or missing data that might be reasonably expected to constitute a hazard to flight.
In such cases, the operator shall inform flight crew and other personnel concerned, and shall ensure that the affected data is not used.]
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The standard operating procedures for HESLO shall specify:
the equipment to be carried, including its operating limitations and appropriate entries in the MEL, as applicable;
crew composition and experience requirements of crew members and task specialists;
the relevant theoretical and practical training for crew members to perform their tasks, the relevant training for task specialists to perform their tasks, and the qualification and nomination of persons providing such training to crew members and task specialists;
responsibilities and duties of crew members and task specialists;
helicopter performance criteria necessary to be met to conduct HESLO operations;
normal, abnormal and emergency procedures.]
The helicopter shall be equipped with at least:
one cargo safety mirror or alternative means to see the hook(s)/load; and
one load meter, unless there is another method of determining the weight of the load.
The operator transporting dangerous goods to or from unmanned sites or remote locations shall apply to the competent authority for an exemption from the provisions of the Technical Instructions if they intend not to comply with the requirements of those Instructions.
The standard operating procedures for HEC shall specify:
the equipment to be carried, including its operating limitations and appropriate entries in the MEL, as applicable;
crew composition and experience requirements of crew members and task specialists;
the relevant theoretical and practical training for crew members to perform their tasks, the relevant training for task specialists to perform their tasks, and the qualification and nomination of persons providing such training to crew members and task specialists;
responsibilities and duties of crew members and task specialists;
helicopter performance criteria necessary to be met to conduct HEC operations;
normal, abnormal and emergency procedures.]
hoist operations equipment or cargo hook;
one cargo safety mirror or alternative means to see the hook; and
one load meter, unless there is another method of determining the weight of the load.
The standard operating procedures for PAR shall specify:
the equipment to be carried, including its operating limitations and appropriate entries in the MEL, as applicable;
crew composition and experience requirements of crew members and task specialists;
the relevant training for crew members and task specialists to perform their task and the qualification and nomination of persons providing such training to the crew members and task specialists;
responsibilities and duties of crew members and task specialists;
performance criteria necessary to be met to conduct parachute operations;
normal, abnormal and emergency procedures.
The requirement for task specialist’s responsibilities as laid down in SPO.GEN.106(c) shall not be applicable for task specialists performing parachute jumping.
Notwithstanding SPO.IDE.A.160(a) and SPO.IDE.H.160(a)(1), the floor of the aircraft may be used as a seat, provided means are available for the task specialist to hold or strap on.
Notwithstanding SPO.OP.195(a), the requirement to use supplemental oxygen shall not be applicable for crew members other than the pilot-in-command and for task specialists carrying out duties essential to the specialised task, whenever the cabin altitude:
exceeds 13 000 ft, for a period of not more than 6 minutes.
exceeds 15 000 ft, for a period of not more 3 minutes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notwithstanding point SPO.GEN.155, parachutists may exit the aircraft for the purpose of parachute display over congested areas of cities, towns or settlements or over an open-air assembly of persons whilst carrying smoke trail devices, provided those are manufactured for that purpose.]
The standard operating procedures for ABF shall specify:
the equipment to be carried, including its operating limitations and appropriate entries in the MEL, as applicable;
crew composition and experience requirements of crew members and task specialists;
the relevant training for crew members and task specialists to perform their task and the qualification and nomination of persons providing such training to the crew members and task specialists;
responsibilities and duties of crew members and task specialists;
performance criteria necessary to be met to conduct aerobatic flights;
normal, abnormal and emergency procedures.
The following documents listed in SPO.GEN.140(a) need not be carried during aerobatic flights:
details of the filed ATS flight plan, if applicable;
current and suitable aeronautical charts for the route/area of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;
procedures and visual signals information for use by intercepting and intercepted aircraft; and
information concerning search and rescue services for the area of the intended flight.
The following equipment requirements need not be applicable to aerobatic flights:
first-aids kit as laid down in SPO.IDE.A.165 and SPO.IDE.H.165;
hand-fire extinguishers as laid down in SPO.IDE.A.180 and SPO.IDE.H.180; and
emergency locator transmitters or personal locator beacons as laid down in SPO.IDE.A.190 and SPO.IDE.H.190.
Before conducting a maintenance check flight, the operator shall determine the applicable level of the maintenance check flight as follows:
[F13‘ Level A ’ maintenance check flight for a flight where the use of abnormal or emergency procedures, as defined in the aircraft flight manual, is expected, or where a flight is required to prove the functioning of a backup system or other safety devices;]
a ‘ Level B ’ maintenance check flight for any maintenance check flights other than a ‘ Level A ’ maintenance check flight.
Before conducting a Level A maintenance check flight with a complex motor-powered aircraft, the operator shall develop and document a flight programme.
The operator conducting a ‘ Level A ’ maintenance check flight shall:
describe those operations and associated procedures in the operations manual referred to in point ORO.MLR.100 of Annex III or in a dedicated maintenance check flight manual;
update the manual when necessary;
inform all affected personnel of the manual and of its changes that are relevant to their duties;
provide the competent authority with the manual and its updates.
The operator shall select adequate flight crew members considering the aircraft complexity and the level of the maintenance check flight. When selecting flight crew members for a ‘ Level A ’ maintenance check flight with a complex motor-powered aircraft, the operator shall ensure all of the following:
that the pilot-in-command has followed a training course in accordance with point SPO.SPEC.MCF.120; if the training has been conducted in a simulator, the pilot shall conduct at least one ‘ Level A ’ maintenance check flight as a pilot monitoring or as an observer before flying as a pilot-in-command on a ‘ Level A ’ maintenance check flight;
that the pilot-in-command has completed on aircraft of the same aircraft category as the aircraft to be flown a minimum of 1 000 flight hours, of which at least 400 hours as a pilot-in-command in a complex motor-powered aircraft and at least 50 hours on the particular aircraft type.
Notwithstanding point (2) of the first paragraph, if the operator introduces a new aircraft type to its operation and has assessed the pilot's qualifications in accordance with an established assessment procedure, the operator may select a pilot having less than 50 hours experience on the particular aircraft type.
Pilots holding a flight test rating in accordance with Regulation (EU) No 1178/2011 shall be given full credit for the training course stipulated in point (a)(1) of this point, provided that the pilots holding a flight test rating have obtained the required initial and recurrent crew resource management training in accordance with points ORO.FC.115 and ORO.FC.215 of Annex III.
A pilot-in-command shall not perform a ‘ Level A ’ maintenance check flight on a complex motor-powered aircraft unless the pilot-in-command has carried out a ‘ Level A ’ maintenance check flight within the preceding 36 months.
Recency as pilot-in-command on a ‘ Level A ’ maintenance check flight is regained after performing a ‘ Level A ’ maintenance check flight as an observer or a pilot monitoring, or after acting as the pilot-in-command in a ‘ Level A ’ maintenance check flight in a simulator.
The training course required for a ‘ Level A ’ maintenance check flight shall be conducted in accordance with a detailed syllabus.
The flight instruction for the training course shall be conducted in either of the following ways:
in a simulator which, for training purposes, adequately reflects the reaction of the aircraft and its systems to the checks being conducted;
during a flight in an aircraft demonstrating maintenance check flight techniques.
A training course followed on one aircraft category is considered valid for all aircraft types of that category.
When considering the aircraft used for the training and the aircraft to be flown during the maintenance check flight, the operator shall specify whether differences or familiarisation training is required and describe the contents of such a training.
The operator shall establish procedures to identify the need for additional task specialists.
For a ‘ Level A ’ maintenance check flight, the operator shall define in its manual the policy for other persons on board.
For a ‘ Level A ’ maintenance check flight, a task specialist or additional pilot is required in the flight crew compartment to assist the flight crew members, unless the aircraft configuration does not permit it or the operator can justify, considering the flight crew members workload based on the flight programme, that the flight crew members does not require additional assistance.
By way of derogation from point SPO.OP.185 a task specialist may be on board a ‘ Level A ’ maintenance check flight if the task specialist is required to meet the intention of the flight and has been identified in the flight programme.
When assigning crew members to maintenance check flights, operators subject to Subpart FTL of Annex III (Part-ORO) shall apply the provisions of that Subpart.
When a maintenance check flight is intended to check the proper functioning of a system or equipment, that system or equipment shall be identified as potentially unreliable and appropriate mitigation measures shall be agreed prior to the flight in order to minimise risks to flight safety.
For a maintenance check flight of an aircraft otherwise used for CAT operations, the provisions for cockpit voice recorders (CVR), flight data recorders (FDR) and data link recorders (DLR) of Annex IV (Part-CAT) shall continue to apply.] ]
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