The Aviation Safety (Amendment) Regulations 2024

Amendment of Annex 3 to Commission Regulation (EU) No 965/2012

6.—(1) Annex 3 (organisation requirements for air operations (part-ORO)) is amended as follows.

(2) In Subpart FC (flight crew)—

(a) after point ORO.FC.100 (composition of flight crew) insert—

“ORO.FC.101 Specific flight crew requirements for helicopter operations

In addition to the requirements in ORO.FC.100, if a helicopter is operated as a multi-pilot operation within the meaning of Commission Regulation (EU) No 1178/2011(1) each pilot must either:

(1) have completed an MCC course as part of a multi-pilot type rating or hold a certificate of satisfactory completion of an MCC course in helicopters in accordance with FCL.510.H.ATPL(H) of Commission Regulation (EU) No 1178/2011; or

(2) have completed at least 500 hours of flight time as a pilot in multi-pilot operations.”;

(b) in point ORO.FC.105 (designation as pilot-in-command/commander), for points (c) and (d) substitute—

“(c) In the case of commercial operations of aeroplanes and helicopters, the pilot-in-command or commander, or the pilot to whom the conduct of the flight may be delegated, must have had initial familiarisation training on the route or area to be flown and aerodrome, facilities and procedures, and must maintain this knowledge by:

(1) operating at least once on the aerodrome within a 12 month period;

(2) operating at least once to the route or area within a 36 month period.

(d) In respect of point (c)(2), where a route or area is not operated upon for a 12 month period, the pilot-in-command or commander, or the pilot to whom the conduct of the flight may be delegated, must, in addition, undertake refresher training on the route or area.

(e) Notwithstanding points (c) and (d), in the case of operations under VFR by day with performance class B and C aeroplanes and helicopters, familiarisation training on the route and aerodromes may be replaced by area familiarisation training.”.

(3) In point ORO.FC.140 (operation on more than one type or variant) omit point (b).

(4) After point ORO.FC.140 insert—

“ORO.FC.141 Compliance requirements for operation on more than one type or variant

In respect of compliance with the requirements mentioned in ORO.FC.140:

(a) the operator may define groups of single-engined helicopter types and an operator proficiency check on one type will be valid for all the other types within the group if both the following conditions are met:

(1) the group includes either only single-engine turbine helicopters operated under VFR or only single-engine piston helicopters operated under VFR;

(2) for CAT operations, at least two operator proficiency checks per type are conducted within a 3-year cycle;

(b) for specialised operations, elements of the aircraft or FSTD training and operator proficiency check that cover the relevant aspects associated with the specialised task and are not related to the type or group of types may be credited towards the other types or groups of types, based on a risk assessment performed by the operator;

(c) for operations on more than one helicopter type or variant that are used for conducting sufficiently similar operations, if line checks rotate between types or variants, each line check shall revalidate the line check for the other helicopter types or variants;

(d) appropriate procedures and any operational restrictions must be specified in the operations manual.”.

(5) In point ORO.FC.145 (provision of training, checking and assessment), for points (c) to (e) substitute—

“(c) In the case of CAT operations, training and checking programmes, including syllabi and the use of the means to deliver the programme such as individual flight simulation training devices (FSTDs) and other training solutions, must be approved by the CAA.

(d) The FSTD used to meet the requirements of this Subpart must be qualified in accordance with Commission Regulation (EU) No 1178/2011 and it must replicate the aircraft used by the operator, as far as practicable. Differences between the FSTD and the aircraft shall be described and addressed through a briefing or training as appropriate.

(e) The operator must establish a system to adequately monitor changes to the FSTD and to ensure that those changes do not affect the adequacy of the training programmes.

(f) The operator must monitor the validity periods of each recurrent training and checking in this Subpart.

(g) The validity periods required in this Subpart shall be counted from the end of the month in which the recency, training or check in this Subpart was completed.”.

(6) In point ORO.FC.146 (personnel providing training, checking and assessment)—

(a) in point (b)—

(i) after “checking” insert “and assessment”;

(ii) after “checks” insert “and assessment”; and

(iii) after “No 1178/2011” insert “and where those personnel provide training or conduct checks or assessments in respect of specialised operations, they must be suitably qualified for the relevant operation”;

(b) after point (d) insert—

“(e) Notwithstanding point (b), the aircraft or FSTD training and the operator proficiency check may be conducted by a suitably qualified commander holding either an FI, TRI or SFI certificate who is nominated by the operator for any of the following operations:

(1) CAT operations of helicopters meeting the criteria defined in point ORO.FC.005(b)(2);

(2) CAT operations of helicopters by day and over routes navigated by reference to visual landmarks, except those of complex motor-powered helicopters;

(3) CAT operations of performance class B aeroplanes that do not meet the criteria defined in point ORO.FC.005(b)(1).

(f) Notwithstanding point (b), the aircraft or FSTD training and the demonstration of competence or operator proficiency check may be conducted by a suitably qualified pilot in command or commander nominated by the operator for any of the following operations:

(1) specialised operations;

(2) CAT operations of aeroplanes meeting the criteria defined in point ORO.FC.005(b)(1).

(g) Notwithstanding point (b), the line check may be conducted by a suitably qualified commander nominated by the operator.

(h) The operator must inform the CAA about the persons nominated under points (e) to (g).”.

(7) In point ORO.FC.200 (composition of flight crew), for points (d)(1) and (2) substitute—

“The minimum flight crew must be two pilots where it is:

(1) an operation of a helicopter with a MOPSC of more than 19;

(2) an operation under IFR of a helicopter with a MOPSC of more than 9.”.

(8) For point ORO.FC.202 (single-pilot operations under IFR or at night) substitute—

“ORO.FC.202 Single-pilot operations under IFR or at night

In order to be able to fly under IFR at night with a minimum flight crew of one pilot the following must be complied with:

(a) the operator must include in the operations manual a pilot’s conversion and recurrent training programme that include the additional requirements for a single-pilot operation. The pilot must have undertaken training on the operator’s procedures, in particular regarding:

(1) engine management and emergency handling;

(2) use of normal, abnormal and emergency checklist;

(3) air traffic control communication;

(4) departure and approach procedures;

(5) autopilot management, if applicable;

(6) use of simplified in-flight documentation;

(7) single-pilot crew resource management;

(b) for aeroplane operations under IFR the pilot must have:

(1) a minimum of 50 hours flight time under IFR on the relevant type or class of aeroplane, of which 10 hours are as commander; and

(2) completed during the preceding 90 days on the relevant type or class of aeroplane:

(i) 5 IFR flights, including 3 instrument approaches, in a single-pilot role; or

(ii) an IFR instrument approach check;

(c) for aeroplane operations at night the pilot must have:

(1) a minimum of 15 hours flight time at night which may be included in the 50 hours flight time under IFR in (b)(1); and

(2) completed during the preceding 90 days on the relevant type or class of aeroplane:

(i) 3 take-offs and landings at night in the single-pilot role; or

(ii) a night take-off and landing check;

(d) for helicopter operations under IFR, the pilot must have:

(1) 25 hours total IFR flight experience in the relevant operating environment; and

(2) 25 hours flight experience as a single pilot on the specific type of helicopter, approved for single-pilot IFR, of which 10 hours may be flown under supervision, including 5 sectors of IFR line flying under supervision using the single-pilot procedures; and

(3) completed during the preceding 90 days:

(i) 5 IFR flights as a single pilot, including 3 instrument approaches, carried out on a helicopter approved for this purpose; or

(ii) an IFR instrument approach check as a single pilot on the relevant type of helicopter, flight training device or full flight simulator.”.

(9) For point ORO.FC.220 (operator conversion training and checking) substitute—

“ORO.FC.220 Operator conversion training and checking

(a) CRM training must be integrated into the operator conversion training course.

(b) Once an operator conversion course has been commenced, the flight crew member must not be assigned to flying duties on another type or class of aircraft until the course is completed or terminated. Crew members operating only performance class B aeroplanes may be assigned to flights on other types of performance class B aeroplanes during conversion course to the extent necessary to maintain the operation. Crew members may be assigned to flights on single-engined helicopters, during an operator conversion course on a single-engined helicopter, provided that the training is unaffected.

(c) The amount of training required by the flight crew member for the operator’s conversion course must be determined in accordance with the standards of qualification and experience specified in the operations manual, taking into account the flight crew member’s previous training and experience.

(d) The flight crew member must complete:

(1) the operator proficiency check and the emergency and safety equipment training and checking before commencing line flying under supervision (LIFUS); and

(2) the line check upon completion of LIFUS. For performance class B aeroplanes, LIFUS may be performed on any aeroplane within the applicable class.

(e) In the case of aeroplanes, pilots that have been issued a type rating based on a zero flight-time training course must:

(1) commence LIFUS not later than 21 days after the completion of the skill test or after appropriate training provided by the operator. The content of that training must be described in the operations manual;

(2) complete 6 take-offs and landings in an FSTD not later than 21 days after the completion of the skill test under the supervision of a type rating instructor for aeroplanes (TRI(A)) occupying the other pilot seat. The number of take-offs and landings may be reduced when credits are defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No748/2012. If those take-offs and landings have not been performed within 21 days, the operator must provide refresher training, the content of which must be described in the operations manual;

(3) conduct the first 4 take-offs and landings of the LIFUS in the aeroplane under the supervision of a TRI(A) occupying the pilot seat. The number of take-offs and landings may be reduced when credits are defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No748/2012(2).

(f) If operational circumstances, such as applying for a new AOC or adding a new aircraft type or class to the fleet, do not allow the operator to comply with the requirements in point (d), the operator may develop a specific conversion course, to be used temporarily for a limited number of pilots with the prior approval by the CAA.”.

(10) For point ORO.FC.230 (recurrent training and checking) substitute—

“ORO.FC.230 Recurrent training and checking

(a) In respect of every aircraft on which they operate, each flight crew member must complete the recurrent training and checking relevant to the type or variant of aircraft, and the associated equipment for that aircraft.

(b) Operator proficiency check

(1) Each flight crew member must complete operator proficiency checks while acting as part of the normal crew complement.

(2) When the flight crew member is required to operate under IFR, the operator proficiency check must be conducted without external visual reference, until the DA or DH or MDA or MDH is reached.

(3) The operator proficiency check remains valid for 6 consecutive months except as provided for in point (4).

(4) For seasonal operations by performance class B aeroplanes under VFR by day an operator proficiency check remains valid for 8 consecutive months.

(5) The proficiency check must be undertaken before commencing CAT operations.

(c) Line check

Each flight crew member must complete a line check on the aircraft which remains valid for 12 calendar months.

(d) Emergency and safety equipment training and checking

Each flight crew member must complete recurrent training and checking on the location and use of all emergency and safety equipment carried on board the aircraft. This remains valid for 12 calendar months.

(e) CRM training

(1) CRM training elements must be integrated into all appropriate phases of the recurrent training.

(2) Each flight crew member must undergo specific modular CRM training. All major topics of CRM training must be covered by distributing modular training sessions as evenly as possible over each 3 year period.

(f) Each flight crew member must undergo ground training and flight training in an FSTD or an aircraft, or a combination of both, at least every 12 calendar months.”.

(11) For point ORO.FC.235 (pilot qualification to operate in either pilot’s seat) substitute—

“ORO.FC.235 Pilot qualification to operate in either pilot’s seat – aeroplanes

(a) Where a commander of an aeroplane is required to:

(1) operate in either pilot seat and carry out co-pilot duties; or

(2) conduct training or checking duties,

the commander must complete additional training and checking (ADTC) to ensure that they are proficient in conducting relevant normal, abnormal and emergency procedures from either pilot seat.

(b) The ADTC may be conducted together with either the operator proficiency check prescribed in ORO.FC.230(b), or the EBT programme prescribed in ORO.FC.231.

(c) The ADTC must be specified in the operations manual and must include at least the following:

(1) an engine failure during take-off;

(2) a one-engine-inoperative approach and go around;

(3) a one-engine-inoperative landing.

(d) The ADTC is valid for 12 months except where undertaken via an EBT programme prescribed in ORO.FC.231, in which case the validity is determined in accordance with ORO.FC.232.

(e) When operating in the co-pilot’s seat, the checks required by ORO.FC.230 or the assessment and training required by ORO.FC.231 for operating in the commander’s seat must, in addition, be valid and current.

(f) The pilot relieving the commander must have demonstrated, concurrent with either of the requirements referred to in point (i), practice of drills and procedures that would not normally be the relieving pilot’s responsibility. Where the differences between left and right handed seats are not significant, practice may be conducted in either seat.

(g) The pilot, other than the commander, occupying the commander’s seat must demonstrate, concurrent with either of the requirements referred to in point (i), practice of drills and procedures which are the commander’s responsibility acting as pilot monitoring. Where the differences between left and right handed seats are not significant, practice may be conducted in either seat.

(i) The requirements are the operator proficiency checks prescribed in ORO.FC.230(b) and the assessment and training required by ORO.FC.231.”.

(12) After point ORO.FC.235 insert—

“ORO.FC.236 Pilot qualification to operate in either pilot’s seat – helicopters

(a) A helicopter pilot whose duties require them to operate in either pilot’s seat must complete ADTC to ensure that they are proficient in conducting the relevant normal, abnormal and emergency procedures from either seat.

(b) The ADTC is valid for 12 months.

(c) Current FIs or TRIs on the relevant helicopter type are deemed to have met the requirement in point (a) if they have undertaken a FI or TRI activity on that type and on the helicopter.”.

(13) For point ORO.FC.240 (operation on more than one type or variant) substitute—

“ORO.FC.240 operation on more than one type or variant

(a) The procedures or operational restrictions for operation on more than one type or variant established in the operations manual and approved by the CAA must cover:

(1) the flight crew members’ minimum experience level;

(2) the minimum experience level on one type or variant before beginning training for and operation of another type or variant;

(3) the process whereby flight crew qualified on one type or variant will be trained and qualified on another type or variant; and

(4) the applicable recent experience requirements for each type or variant.

(b) Point (a) does not apply to operations of performance class B aeroplanes if they are single-pilot classes of reciprocating engine aeroplanes operating under VFR by day.”.

(14) In point ORO.FC.A.245 (alternative training and qualification programme)—

(a) for point (d) substitute—

“(d) In addition to the checks required by ORO.FC.230 and FCL.060 of Annex I (Part-FCL) to Regulation (EU) No1178/2011, each flight crew member must complete a line orientated evaluation (LOE) conducted in an FSTD. An LOE is completed when the syllabus of the LOE is completed and that flight crew member has demonstrated an acceptable level of performance. The LOE is valid for 12 calendar months.”;

(b) for points (e)(1) to (3) substitute—

“(1) Operator proficiency check to 12 calendar months;

(2) Line check to 24 calendar months;

(3) Emergency and safety equipment checking to 24 calendar months.”;

(c) after point (e) insert—

“(f) Each flight crew must undergo specific modular CRM training. All major topics of CRM training must be covered by distributing modular training sessions as evenly as possible over each 3 year period.

(g) The ATQP programme must include 48 hours on an FTSD for each flight crew member distributed evenly over a 3 year programme. However, the operator may reduce the number of FSTD hours down to a minimum of 36 hours where the operator can demonstrate that the level of safety that is achieved is equivalent to that of the training and checking requirements substituted by the ATQP programme.”.

(15) In point ORO.FC.H.250 (commanders holding a CPL(H)), for point (a)(1) substitute—

“(1) when operating under IFR, they have completed a minimum of 700 hours total flight time on helicopters, which must include, 300 hours as a pilot-in-command and 100 hours under IFR of the total flight time on helicopters. Except that:

(i) up to 50 hours instrument time performed on an FFS(H) level B or FTD level 3 qualification or higher qualified for instrument training may be credited towards the 100 hours requirement; and

(ii) hours operating as co-pilot within an established multi-crew system prescribed in the operations manual may be substituted on the basis of 2 hours flight time as co-pilot for 1 hour flight time as pilot-in-command for the 300 hours requirement;”.

(16) Before point ORO.FC.330 (recurrent training and checking – operator proficiency check) insert—

“ORO.FC.320 Operator conversion training and checking

The operator conversion course must include an operator proficiency check.

ORO.FC.325 Equipment and procedure checking

When standard operating procedures relating to a specialised operation require equipment and procedure training, a flight crew member must undergo an operator proficiency check on a suitable FSTD or aircraft.”.

(17) In point ORO.FC.330 (recurrent training and checking – operator proficiency check)—

(a) for point (a) substitute—

“(a) Each flight crew member must complete recurrent training and operator proficiency checks. In the case of specialised operations, the recurrent training and checking must cover the relevant aspects associated with the specialised tasks described in the operations manual.”;

(b) for point (c) substitute—

“(c) The validity period of the operator proficiency check must be 12 calendar months.”.

(1)

EUR 2011/1178, amended by S.I. 2019/645, 2020/1116, 2021/10, 2021/614, 2021/1203 and 2022/637.

(2)

EUR 2012/748, amended by S.I. 2019/645, 2020/116, 2022/1235 and 2023/588.