- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y’i mabwysiadwyd gan yr UE)
Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (Text with EEA relevance)
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A flight must not be commenced unless it has been ascertained by reasonable means available that all the following conditions are complied with:
adequate facilities directly required for the flight and for the safe operation of the aircraft, including communication facilities and navigation aids, are available for the execution of the flight, taking into account available Aeronautical Information Services documentation;
the crew must be familiar with and passengers informed of the location and use of relevant emergency equipment. Sufficient information, related to the operation and specific to the equipment installed, regarding emergency procedures and use of cabin safety equipment must be made available to crew and passengers;
the pilot in command must be satisfied that:
the aircraft is airworthy as specified in point 6;
if required, the aircraft is duly registered and that appropriate certificates with respect thereto are aboard the aircraft;
instruments and equipment as specified in point 5 required for the execution of that flight are installed in the aircraft and are operative, unless waived by the applicable MEL or equivalent document;
the mass of the aircraft and centre of gravity location are such that the flight can be conducted within limits prescribed in the airworthiness documentation;
all cabin baggage, hold luggage and cargo is properly loaded and secured; and
the aircraft operating limitations as specified in point 4 will not be exceeded at any time during the flight;
information regarding meteorological conditions for departure, destination and, where applicable, alternate aerodromes, as well as en-route conditions, must be available to the flight crew. Special attention must be given to potentially hazardous atmospheric conditions;
appropriate mitigation measures or contingency plans must be in place to deal with potentially hazardous atmospheric conditions expected to be encountered in flight;
for a flight based on visual flight rules, meteorological conditions along the route to be flown must be such as to render compliance with those flight rules possible. For a flight based on instrument flight rules a destination and where applicable alternate aerodrome(s) where the aircraft can land must be selected, taking into account in particular the forecasted meteorological conditions, the availability of air navigation services, the availability of ground facilities and the instrument flight procedures approved by the State in which the destination and/or alternate aerodrome is located;
the amount of fuel/energy for propulsion and consumables on board must be sufficient to ensure that the intended flight can be completed safely, taking into account the meteorological conditions, any element affecting the performance of the aircraft and any delays that are expected in flight. In addition, a fuel/energy reserve must be carried to provide for contingencies. Procedures for in-flight fuel/energy management must be established when relevant.
With regard to flight operations, all the following conditions must be complied with:
where relevant for the type of aircraft, during take-off and landing, and whenever deemed necessary by the pilot in command in the interest of safety, each crew member must be seated at their crew station and must use the provided restraint systems;
where relevant for the type of aircraft, all flight crew members required to be on flight deck duty must be and remain at their station, with their seatbelts fastened except en-route for physiological or operational needs;
where relevant for the type of aircraft and the type of operation, before take-off and landing, during taxiing and whenever deemed necessary in the interest of safety, the pilot in command must ensure that each passenger is properly seated and secured;
a flight must be performed in such a way that appropriate separation from other aircraft is maintained and that adequate obstacle clearance is ensured, during all phases of the flight. Such separation must at least be those required by the applicable rules of the air, as appropriate to the type of operation;
a flight must not be continued unless known conditions continue to be at least equivalent to those in point 2. Furthermore, for a flight based on instrument flight rules, an approach toward an aerodrome must not be continued below certain specified heights or beyond a certain position, if prescribed visibility criteria are not met;
in an emergency, the pilot in command must ensure that all passengers are instructed in such emergency action as may be appropriate to the circumstances;
a pilot in command must take all necessary measures so as to minimise the consequences on the flight of disruptive passenger behaviour;
an aircraft must not be taxied on the movement area of an aerodrome, or its rotor must not be turned under power, unless the person at the controls is appropriately competent;
the applicable in-flight fuel/energy management procedures must be used, when relevant.
operating procedures;
pressure altitude of the aerodrome;
weather conditions (temperature, wind, precipitation and visual range);
size, slope and condition of the take-off/landing area; and
the condition of the airframe, the power plant or the systems, taking into account possible deterioration.
the aircraft is airworthy and in a condition for safe and environmentally compatible operation;
the operational and emergency equipment necessary for the intended flight is serviceable;
the airworthiness document and, if applicable, the noise certificate of the aircraft is valid; and
the maintenance of the aircraft is performed in accordance with the applicable requirements.
the certification limitations of the aircraft, including if applicable, the relevant emergency evacuation demonstration;
the aircraft configuration; and
the type and duration of operations.
the aircraft operator must have directly or through agreements with third parties the means necessary for the scale and scope of the operations. Those means comprise but are not limited to the following: aircraft, facilities, management structure, personnel, equipment, documentation of tasks, responsibilities and procedures, access to relevant data and record keeping;
the aircraft operator must use only suitably qualified and trained personnel and implement and maintain training and checking programmes for the crew members and other relevant personnel that are necessary to ensure the currency of their certificates, ratings and qualifications;
as appropriate for the type of activity undertaken and the size of the organisation, the aircraft operator must implement and maintain a management system to ensure compliance with the essential requirements set out in this Annex, manage safety risks and aim for continuous improvement of this system;
the aircraft operator shall establish an occurrence reporting system, as part of the management system under point (c), in order to contribute to the aim of continuous improvement of the safety. The occurrence reporting system shall be compliant with applicable Union law.
security of the flight crew compartment;
aircraft search procedure checklist;
training programmes; and
protection of electronic and computer systems to prevent intentional and non-intentional system interference and corruption.
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