Council Regulation (EEC) No 3922/91Show full title

[F1 SUBPART B GENERAL U.K.

OPS 1.005 General U.K.

(a)

An operator shall not operate an aeroplane for the purpose of commercial air transportation other than in accordance with OPS Part 1. For operations of Performance Class B aeroplanes, alleviated requirements can be found in Appendix 1 to OPS 1.005(a).

(b)

An operator shall comply with the applicable retroactive airworthiness requirements for aeroplanes operated for the purpose of commercial air transportation.

(c)

Each aeroplane shall be operated in compliance with the terms of its Certificate of Airworthiness and within the approved limitations contained in its Aeroplane Flight Manual.

(d)

All synthetic training devices (STD), such as flight simulators or flight training devices (FTD), replacing an aeroplane for training and/or checking purposes are to be qualified in accordance with the requirements applicable to synthetic training devices. An operator intending to use such STD must obtain approval from the Authority.

OPS 1.020 Laws, regulations and procedures — Operator's responsibilities U.K.

An operator must ensure that:

1.

all employees are made aware that they shall comply with the laws, regulations and procedures of those States in which operations are conducted and which are pertinent to the performance of their duties; and

2.

all crew members are familiar with the laws, regulations and procedures pertinent to the performance of their duties.

OPS 1.025 Common language U.K.

(a)

An operator must ensure that all crew members can communicate in a common language.

(b)

An operator must ensure that all operations personnel are able to understand the language in which those parts of the Operations Manual which pertain to their duties and responsibilities are written.

OPS 1.030 Minimum equipment lists — Operator's responsibilities U.K.

(a)

An operator shall establish, for each aeroplane, a minimum equipment list (MEL) approved by the Authority. This shall be based upon, but no less restrictive than, the relevant master minimum equipment list (MMEL) (if this exists) accepted by the Authority.

(b)

An operator shall not operate an aeroplane other than in accordance with the MEL unless permitted by the Authority. Any such permission will in no circumstances permit operation outside the constraints of the MMEL.

OPS 1.035 Quality system U.K.

(a)

An operator shall establish one quality system and designate one quality manager to monitor compliance with, and adequacy of, procedures required to ensure safe operational practices and airworthy aeroplanes. Compliance monitoring must include a feed-back system to the accountable manager (see also OPS 1.175 (h)) to ensure corrective action as necessary.

(b)

The quality system must include a quality assurance programme that contains procedures designed to verify that all operations are being conducted in accordance with all applicable requirements, standards and procedures.

(c)

The quality system and the quality manager must be acceptable to the Authority.

(d)

The quality system must be described in relevant documentation.

(e)

Notwithstanding subparagraph (a) above, the Authority may accept the nomination of two quality managers, one for operations and one for maintenance provided that the operator has designated one Quality Management Unit to ensure that the quality system is applied uniformly throughout the entire operation.

OPS 1.037 Accident prevention and flight safety programme U.K.

(a)

An operator shall establish and maintain an accident prevention and flight safety programme, which may be integrated with the quality system, including:

1.

programmes to achieve and maintain risk awareness by all persons involved in operations; and

2.

an occurrence reporting scheme to enable the collation and assessment of relevant incident and accident reports in order to identify adverse trends or to address deficiencies in the interests of flight safety. The scheme shall protect the identity of the reporter and include the possibility that reports may be submitted anonymously; and

3.

evaluation of relevant information relating to accidents and incidents and the promulgation of related information, but not the attribution of blame; and

4.

a flight data monitoring programme for those aeroplanes in excess of 27 000  kg MCTOM. Flight data monitoring (FDM) is the pro-active use of digital flight data from routine operations to improve aviation safety. The flight data monitoring programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data; and

5.

the appointment of a person accountable for managing the programme.

(b)

Proposals for corrective action resulting from the accident prevention and flight safety programme shall be the responsibility of the person accountable for managing the programme.

(c)

The effectiveness of changes resulting from proposals for corrective action identified by the accident and flight safety programme shall be monitored by the quality manager.

OPS 1.040 Crew members U.K.

(a)

An operator shall ensure that all operating flight and cabin crew members have been trained in, and are proficient to perform, their assigned duties.

(b)

Where there are crew members, other than cabin crew members, who carry out their duties in the passenger compartment of an aeroplane, an operator shall ensure that these:

1.

are not confused by the passengers with the cabin crew members;

2.

do not occupy required cabin crew assigned stations;

3.

do not impede the cabin crew members in their duties.

OPS 1.050 Search and rescue information U.K.

An operator shall ensure that essential information pertinent to the intended flight concerning search and rescue services is easily accessible on the flight deck.

OPS 1.055 Information on emergency and survival equipment carried U.K.

An operator shall ensure that there are available for immediate communication to rescue coordination centres, lists containing information on the emergency and survival equipment carried on board all of his aeroplanes. The information shall include, as applicable, the number, colour and type of life-rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of emergency portable radio equipment.

OPS 1.060 Ditching U.K.

An operator shall not operate an aeroplane with an approved passenger seating configuration of more than 30 passengers on overwater flights at a distance from land suitable for making an emergency landing, greater than 120 minutes at cruising speed, or 400 nautical miles, whichever is the lesser, unless the aeroplane complies with the ditching requirements prescribed in the applicable airworthiness code.

OPS 1.065 Carriage of weapons of war and munitions of war U.K.

(a)

An operator shall not transport weapons of war and munitions of war by air unless an approval to do so has been granted by all States concerned.

(b)

An operator shall ensure that weapons of war and munitions of war are:

1.

stowed in the aeroplane in a place which is inaccessible to passengers during flight; and

2.

in the case of firearms, unloaded;

unless, before the commencement of the flight, approval has been granted by all States concerned that such weapons of war and munitions of war may be carried in circumstances that differ in part or in total from those indicated in this subparagraph.

(c)

An operator shall ensure that the commander is notified before a flight begins of the details and location on board the aeroplane of any weapons of war and munitions of war intended to be carried.

OPS 1.070 Carriage of sporting weapons and ammunition U.K.

(a)

An operator shall take all reasonable measures to ensure that any sporting weapons intended to be carried by air are reported to him.

(b)

An operator accepting the carriage of sporting weapons shall ensure that they are:

1.

stowed in the aeroplane in a place which is inaccessible to passengers during flight unless the Authority has determined that compliance is impracticable and has accepted that other procedures might apply; and

2.

in the case of firearms or other weapons that can contain ammunition, unloaded.

(c)

Ammunition for sporting weapons may be carried in passengers' checked baggage, subject to certain limitations, in accordance with the Technical Instructions (see OPS 1.1160 (b)(5)) as defined in OPS 1.1150 (a)(15).

OPS 1.075 Method of carriage of persons U.K.

An operator shall take all measures to ensure that no person is in any part of an aeroplane in flight which is not a part designed for the accommodation of persons unless temporary access has been granted by the commander to any part of the aeroplane:

1.

for the purpose of taking action necessary for the safety of the aeroplane or of any person, animal or goods therein; or

2.

in which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aeroplane is in flight.

OPS 1.080 Intentionally blank U.K.

OPS 1.085 Crew responsibilities U.K.

(a)

A crew member shall be responsible for the proper execution of his/her duties that:

1.

are related to the safety of the aeroplane and its occupants; and

2.

are specified in the instructions and procedures laid down in the Operations Manual.

(b)

A crew member shall:

1.

report to the commander any fault, failure, malfunction or defect which he/she believes may affect the airworthiness or safe operation of the aeroplane including emergency systems;

2.

report to the commander any incident that endangered, or could have endangered, the safety of operation;

3.

make use of the operator's occurrence reporting schemes in accordance with OPS 1.037(a)(2). In all such cases, a copy of the report(s) shall be communicated to the commander concerned.

(c)

Nothing in paragraph (b) above shall oblige a crew member to report an occurrence which has already been reported by another crew member.

(d)

A crew member shall not perform duties on an aeroplane:

1.

while under the influence of any drug that may affect his/her faculties in a manner contrary to safety;

2.

following deep sea diving except when a reasonable time period has elapsed;

3.

following blood donation except when a reasonable time period has elapsed;

4.

if applicable medical requirements are not fulfilled, or if he/she is in any doubt of being able to accomplish his/her assigned duties; or

5.

if he/she knows or suspects that he/she is suffering from fatigue, or feels unfit to the extent that the flight may be endangered.

(e)

A crew member shall be subject to appropriate requirements on the consumption of alcohol which shall be established by the operator and acceptable by the Authority, and which shall not be less restrictive than the following:

1.

no alcohol shall be consumed less than eight hours prior to the specified reporting time for flight duty or the commencement of standby;

2.

the blood alcohol level shall not exceed 0,2 promille at the start of a flight duty period;

3.

no alcohol shall be consumed during the flight duty period or whilst on standby.

(f)

The commander shall:

1.

be responsible for the safety of all crew members, passengers and cargo on board, as soon as he/she arrives on board, until he/she leaves the aeroplane at the end of the flight;

2.

be responsible for the operation and safety of the aeroplane from the moment the aeroplane is first ready to move for the purpose of taxiing prior to take-off until the moment it finally comes to rest at the end of the flight and the engine(s) used as primary propulsion units are shut down;

3.

have authority to give all commands he/she deems necessary for the purpose of securing the safety of the aeroplane and of persons or property carried therein;

4.

have authority to disembark any person, or any part of the cargo, which, in his/her opinion, may represent a potential hazard to the safety of the aeroplane or its occupants;

5.

not allow a person to be carried in the aeroplane who appears to be under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered;

6.

have the right to refuse transportation of inadmissible passengers, deportees or persons in custody if their carriage poses any risk to the safety of the aeroplane or its occupants;

7.

ensure that all passengers are briefed on the location of emergency exits and the location and use of relevant safety and emergency equipment;

8.

ensure that all operational procedures and check lists are complied with in accordance with the Operations Manual;

9.

not permit any crew member to perform any activity during take-off, initial climb, final approach and landing except those duties required for the safe operation of the aeroplane;

10.

not permit:

(i)

a flight data recorder to be disabled, switched off or erased during flight nor permit recorded data to be erased after flight in the event of an accident or an incident subject to mandatory reporting;

(ii)

a cockpit voice recorder to be disabled or switched off during flight unless he/she believes that the recorded data, which otherwise would be erased automatically, should be preserved for incident or accident investigation nor permit recorded data to be manually erased during or after flight in the event of an accident or an incident subject to mandatory reporting;

11.

decide whether or not to accept an aeroplane with unserviceabilities allowed by the CDL or MEL; and

12.

ensure that the pre-flight inspection has been carried out.

(g)

The commander or the pilot to whom conduct of the flight has been delegated shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety.

OPS 1.090 Authority of the commander U.K.

An operator shall take all reasonable measures to ensure that all persons carried in the aeroplane obey all lawful commands given by the commander for the purpose of securing the safety of the aeroplane and of persons or property carried therein.

OPS 1.095 Authority to taxi an aeroplane U.K.

An operator shall take all reasonable steps to ensure that an aeroplane in his charge is not taxied on the movement area of an aerodrome by a person other than a flight crew member, unless that person, seated at the controls:

1.

has been duly authorised by the operator or a designated agent and is competent to;

(i)

taxi the aeroplane;

(ii)

use the radio telephone; and

2.

has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control signals and instructions, phraseology and procedures, and is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.

OPS 1.100 Admission to flight deck U.K.

(a)

An operator must ensure that no person, other than a flight crew member assigned to a flight, is admitted to, or carried in, the flight deck unless that person is:

1.

an operating crew member;

2.

a representative of the Authority responsible for certification, licensing or inspection if this is required for the performance of his/her official duties; or

3.

permitted by, and carried in accordance with instructions contained in the Operations Manual.

(b)

The commander shall ensure that:

1.

in the interests of safety, admission to the flight deck does not cause distraction and/or interfere with the flight's operation; and

2.

all persons carried on the flight deck are made familiar with the relevant safety procedures.

(c)

The final decision regarding the admission to the flight deck shall be the responsibility of the commander.

OPS 1.105 Unauthorised carriage U.K.

An operator shall take all reasonable measures to ensure that no person secretes himself/herself or secretes cargo on board an aeroplane.

OPS 1.110 Portable electronic devices U.K.

An operator shall not permit any person to use, and take all reasonable measures to ensure that no person does use, on board an aeroplane a portable electronic device that can adversely affect the performance of the aeroplane's systems and equipment.

OPS 1.115 Alcohol and drugs U.K.

An operator shall not permit any person to enter or be in, and take all reasonable measures to ensure that no person enters or is in, an aeroplane when under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered.

OPS 1.120 Endangering safety U.K.

An operator shall take all reasonable measures to ensure that no person recklessly or negligently acts or omits to act:

1.

so as to endanger an aeroplane or person therein;

2.

so as to cause or permit an aeroplane to endanger any person or property.

OPS 1.125 Documents to be carried U.K.

(a)

An operator shall ensure that the following documents or copies thereof are carried on each flight:

1.

the Certificate of Registration;

2.

the Certificate of Airworthiness;

3.

the original or a copy of the Noise Certificate (if applicable), including an English translation, where one has been provided by the Authority responsible for issuing the noise certificate;

4.

the original or a copy of the Air Operator Certificate;

5.

the Aircraft Radio Licence; and

6.

the original or a copy of the Third Party Liability Insurance Certificate(s).

(b)

Each flight crew member shall, on each flight, carry a valid flight crew licence with appropriate rating(s) for the purpose of the flight.

OPS 1.130 Manuals to be carried U.K.

An operator shall ensure that:

1.

the current parts of the Operations Manual relevant to the duties of the crew are carried on each flight;

2.

those parts of the Operations Manual which are required for the conduct of a flight are easily accessible to the crew on board the aeroplane; and

3.

the current Aeroplane Flight Manual is carried in the aeroplane unless the Authority has accepted that the Operations Manual prescribed in OPS 1.1045, Appendix 1, Part B contains relevant information for that aeroplane.

OPS 1.135 Additional information and forms to be carried U.K.

(a)

An operator shall ensure that, in addition to the documents and manuals prescribed in OPS 1.125 and OPS 1.130, the following information and forms, relevant to the type and area of operation, are carried on each flight:

1.

Operational Flight Plan containing at least the information required in OPS 1.1060;

2.

Aeroplane Technical Log containing at least the information required in Part M, paragraph M. A. 306 Operator's technical log system;

3.

details of the filed ATS flight plan;

4.

appropriate NOTAM/AIS briefing documentation;

5.

appropriate meteorological information;

6.

mass and balance documentation as specified in Subpart J;

7.

notification of special categories of passenger such as security personnel, if not considered as crew, handicapped persons, inadmissible passengers, deportees and persons in custody;

8.

notification of special loads including dangerous goods including written information to the commander as prescribed in OPS 1.1215 (c);

9.

current maps and charts and associated documents as prescribed in OPS 1.290 (b)(7);

10.

any other documentation which may be required by the States concerned with this flight, such as cargo manifest, passenger manifest etc; and

11.

forms to comply with the reporting requirements of the Authority and the operator.

(b)

The Authority may permit the information detailed in subparagraph (a) above, or parts thereof, to be presented in a form other than on printed paper. An acceptable standard of accessibility, usability and reliability must be assured.

OPS 1.140 Information retained on the ground U.K.

(a)

An operator shall ensure that:

At least for the duration of each flight or series of flights;

(i)

information relevant to the flight and appropriate for the type of operation is preserved on the ground; and

(ii)

the information is retained until it has been duplicated at the place at which it will be stored in accordance with OPS 1.1065; or, if this is impracticable,

(iii)

the same information is carried in a fireproof container in the aeroplane.

(b)

The information referred to in subparagraph (a) above includes:

1.

a copy of the operational flight plan where appropriate;

2.

copies of the relevant part(s) of the aeroplane technical log;

3.

route specific NOTAM documentation if specifically edited by the operator;

4.

mass and balance documentation if required (OPS 1.625 refers); and

5.

special loads notification.

OPS 1.145 Power to inspect U.K.

An operator shall ensure that any person authorised by the Authority is permitted at any time to board and fly in any aeroplane operated in accordance with an AOC issued by that Authority and to enter and remain on the flight deck provided that the commander may refuse access to the flight deck if, in his/her opinion, the safety of the aeroplane would thereby be endangered.

OPS 1.150 Production of documentation and records U.K.

(a)

An operator shall:

1.

give any person authorised by the Authority access to any documents and records which are related to flight operations or maintenance; and

2.

produce all such documents and records, when requested to do so by the Authority, within a reasonable period of time.

(b)

The commander shall, within a reasonable time of being requested to do so by a person authorised by an Authority, produce to that person the documentation required to be carried on board.

OPS 1.155 Preservation of documentation U.K.

An operator shall ensure that:

1.

any original documentation, or copies thereof, that he is required to preserve is preserved for the required retention period even if he ceases to be the operator of the aeroplane; and

2.

where a crew member, in respect of whom an operator has kept flight duty, duty and rest period records, becomes a crew member for another operator, that record is made available to the new operator.

OPS 1.160 Preservation, production and use of flight recorder recordings U.K.

(a)

Preservation of recordings:

1.

Following an accident, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that accident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority.

2.

Unless prior permission has been granted by the Authority, following an incident that is subject to mandatory reporting, the operator of an aeroplane on which a flight recorder is carried shall, to the extent possible, preserve the original recorded data pertaining to that incident, as retained by the recorder for a period of 60 days unless otherwise directed by the investigating authority.

3.

Additionally, when the Authority so directs, the operator of an aeroplane on which a flight recorder is carried shall preserve the original recorded data for a period of 60 days unless otherwise directed by the investigating authority.

4.

When a flight data recorder is required to be carried aboard an aeroplane, the operator of that aeroplane shall:

(i)

save the recordings for the period of operating time as required by OPS 1.715, 1.720 and 1.725 except that, for the purpose of testing and maintaining flight data recorders, up to one hour of the oldest recorded material at the time of testing may be erased; and

(ii)

keep a document which presents the information necessary to retrieve and convert the stored data into engineering units.

(b)

Production of recordings

The operator of an aeroplane on which a flight recorder is carried shall, within a reasonable time after being requested to do so by the Authority, produce any recording made by a flight recorder which is available or has been preserved.

(c)

Use of recordings

1.

The cockpit voice recorder recordings may not be used for purposes other than for the investigation of an accident or incident subject to mandatory reporting except with the consent of all crew members concerned.

2.

The flight data recorder recordings may not be used for purposes other than for the investigation of an accident or incident subject to mandatory reporting except when such records are:

(i)

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

(ii)

de-identified; or

(iii)

disclosed under secure procedures.

OPS 1.165 Leasing U.K.

(a)

Terminology

Terms used in this paragraph have the following meaning:

1.

dry lease — is when the aeroplane is operated under the AOC of the lessee.

2.

wet lease — is when the aeroplane is operated under the AOC of the lessor.

(b)

Leasing of aeroplanes between Community operators

1.

Wet lease-out. A Community operator providing an aeroplane and complete crew to another Community operator, in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (1) , and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.

2.

All leases except wet lease-out

(i)

Except as provided by subparagraph (b)(1) above, a Community operator utilising an aeroplane from, or providing it to, another Community operator, must obtain prior approval for the operation from his respective Authority. Any conditions which are part of this approval must be included in the lease agreement.

(ii)

Those elements of lease agreements which are approved by the Authority, other than lease agreements in which an aeroplane and complete crew are involved and no transfer of functions and responsibilities is intended, are all to be regarded, with respect to the leased aeroplane, as variations of the AOC under which the flights will be operated.

(c)

Leasing of aeroplanes between a Community operator and any entity other than a Community operator:

1.

Dry lease-in

(i)

A Community operator shall not dry lease-in an aeroplane from an entity other than another Community operator, unless approved by the Authority. Any conditions which are part of this approval must be included in the lease agreement.

(ii)

A Community operator shall ensure that, with regard to aeroplanes that are dry leased-in, any differences from the requirements prescribed in Subparts K, L, and/or OPS 1.005(b), are notified to and are acceptable to the Authority.

2.

Wet lease-in

(i)

A Community operator shall not wet lease-in an aeroplane from an entity other than another Community operator without the approval of the Authority.

(ii)

A Community operator shall ensure that, with regard to aeroplanes that are wet leased-in:

(A)

the safety standards of the lessor with respect to maintenance and operation are equivalent to those established by the present Regulation;

(B)

the lessor is an operator holding an AOC issued by a State which is a signatory to the Chicago Convention;

(C)

the aeroplane has a standard Certificate of Airworthiness issued in accordance with ICAO Annex 8. Standard Certificates of Airworthiness issued by a Member State other than the State responsible for issuing the AOC, will be accepted without further showing when issued in accordance with Part 21; and

(D)

any requirement made applicable by the lessee's Authority is complied with.

3.

Dry lease-out

A Community operator may dry lease-out an aeroplane for the purpose of commercial air transportation to any operator of a State which is signatory to the Chicago Convention provided that the following conditions are met:

(A)

The Authority exempted the operator from the relevant provisions of OPS Part 1 and, after the foreign regulatory authority has accepted responsibility in writing for surveillance of the maintenance and operation of the aeroplane(s), has removed the aeroplane from its AOC; and

(B)

The aeroplane is maintained according to an approved maintenance programme.

4.

Wet lease-out

A Community operator providing an aeroplane and complete crew to another entity, in accordance with Regulation (EEC) No 2407/92, and retaining all the functions and responsibilities prescribed in Subpart C, shall remain the operator of the aeroplane.

Appendix 1 to OPS 1.005 (a) Operations of performance class B aeroplanes U.K.

(a)

Terminology

1.

A to A operations — Take-off and landing are made at the same place.

2.

A to B operations — Take-off and landing are made at different places.

3.

Night — The hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise, as may be prescribed by the appropriate authority.

(b)

Operations, to which this Appendix is applicable, may be conducted in accordance with the following alleviations.

1.

OPS 1.035 Quality System: In the case of a very small operator, the post of Quality Manager may be held by a nominated postholder if external auditors are used. This applies also where the accountable manager is holding one or several of the nominated posts.

2.

Reserved

3.

OPS 1.075 Methods of carriage of persons: Not required for VFR operations of single engine aeroplanes.

4.

OPS 1.100 Admission to the flight deck:

(i)

An operator must establish rules for the carriage of passengers in a pilot seat.

(ii)

The commander must ensure that:

A.

carriage of passengers in a pilot seat does not cause distraction and/or interference with the operation of the flight; and

B.

the passenger occupying a pilot seat is made familiar with the relevant restrictions and safety procedures.

5.

OPS 1.105 Unauthorised Carriage: Not required for VFR operations of single engine aeroplanes.

6.

OPS 1.135 Additional information and forms to be carried:

(i)

For A to A VFR operations of single engine aeroplanes by day, the following documents need not be carried:

(A)

operational flight plan;

(B)

aeroplane technical log;

(C)

NOTAM/AIS briefing documentation;

(D)

meteorological information;

(E)

notification of special categories of passengers … etc.; and

(F)

notification of special loads including dangerous goods … etc.

(ii)

For A to B VFR operations of single engine aeroplanes by day, notification of special categories of passengers as described in OPS 1.135 (a)(7) does not need to be carried.

(iii)

For A to B VFR operations by day, the operational flight plan may be in a simplified form and must meet the needs of the type of operation.

7.

OPS 1.215 Use of Air Traffic Services: For VFR operations of single engine aeroplanes by day, non mandatory contact with ATS shall be maintained to the extent appropriate to the nature of the operation. Search and rescue services must be ensured in accordance with OPS 1.300.

8.

OPS 1.225 Aerodrome Operating Minima: For VFR operations, the standard VFR operating minima will normally cover this requirement. Where necessary, the operator shall specify additional requirements taking into account such factors as radio coverage, terrain, nature of sites for take-off and landing, flight conditions and ATS capacity.

9.

OPS 1.235 Noise abatement procedures: Not applicable to VFR operations of single engine aeroplanes.

10.

OPS 1.240 Routes and Areas of Operation:

Subparagraph (a)(1) is not applicable to A to A VFR operations of single engine aeroplanes by day.

11.

OPS 1.250 Establishment of minimum flight altitudes:

For VFR operations by day, this requirement is applicable as follows. An operator shall ensure that operations are only conducted along such routes or within such areas for which a safe terrain clearance can be maintained and shall take account of such factors as temperature, terrain, unfavourable meteorological conditions (e.g. severe turbulence and descending air currents, corrections for temperature and pressure variations from standard values).

12.

OPS 1.255 Fuel Policy:

(i)

For A to A Flights — An operator shall specify the minimum fuel contents at which a flight must end. This minimum, final reserve, fuel must not be less than the amount needed to fly for a period of 45 minutes.

(ii)

For A to B Flights — An operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes;

(A)

Taxi fuel — Fuel consumed before take-off, if significant; and

(B)

Trip fuel (Fuel to reach the destination); and

(C)

Reserve fuel –

1.

Contingency fuel — Fuel that is not less than 5 % of the planned trip fuel or, in the event of in-flight re-planning, 5 % of the trip fuel for the remainder of the flight; and

2.

Final reserve fuel — Fuel to fly for an additional period of 45 minutes (piston engines) or 30 minutes (turbine engines); and

(D)

Alternate fuel — Fuel to reach the destination alternate via the destination, if a destination alternate is required; and

(E)

Extra fuel — Fuel that the commander may require in addition to that required under subparagraphs (A)-(D) above.

13.

OPS 1.265 Carriage of inadmissible passengers, deportees or persons in custody: For VFR operations of single engine aeroplanes and where it is not intended to carry inadmissible passengers, deportees or persons in custody, an operator is not required to establish procedures for the carriage of such passengers.

14.

OPS 1.280 Passenger Seating: Not Applicable to VFR operations of single engine aeroplanes.

15.

OPS 1.285 Passenger Briefing: Demonstration and briefing shall be given as appropriate to the kind of operations. In single pilot operations, the pilot may not be allocated tasks distracting him/her from his/her flying duties.

16.

OPS 1.290 Flight Preparation:

(i)

operational flight plan for A to A operations — Not Required.

(ii)

A to B operations under VFR by day — An operator shall ensure that a simplified form of an operational flight plan which is relevant to the type of operation is completed for each flight.

17.

OPS 1.295 Selection of aerodromes: Not applicable to VFR operations. The necessary instructions for the use of aerodromes and sites for take-off and landing are to be issued with reference to OPS 1.220.

18.

OPS 1.310 Crew members at stations:

For VFR operations, instructions on this matter are required only where two pilot operations are conducted.

19.

OPS 1.375 In-flight fuel management:

Appendix 1 to OPS 1.375 is not required to be applied to VFR operations of single engine aeroplanes by day.

20.

OPS 1.405 Commencement and continuation of approach:

Not applicable to VFR operations.

21.

OPS 1.410 Operating procedures — threshold crossing height:

Not applicable to VFR operations.

22.

OPS 1.430 to 1.460, including appendices:

Not applicable to VFR operations.

23.

OPS 1.530 Take-off:

(i)

Subparagraph (a) applies with the following addition. The Authority may, on a case-by-case basis, accept other performance data produced by the operator and based on demonstration and/or documented experience. Subparagraphs (b) and (c) apply with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

(ii)

An operator wishing to conduct operations according to subparagraph (i) must have the prior approval of the Authority issuing the AOC. Such an approval will:

(A)

specify the type of aeroplane;

(B)

specify the type of operation;

(C)

specify the aerodrome(s) and runways concerned;

(D)

restrict the take-off to be conducted under VMC;

(E)

specify the crew qualification, and

(F)

be limited to aeroplanes where the first type certificate was first issued before 1 January 2005 .

(iii)

The operation must be accepted by the State in which the aerodrome is located.

24.

OPS 1.535 Take-off Obstacle Clearance — Multi-Engined aeroplanes:

(i)

Subparagraphs (a)(3), (a)(4), (a)(5), (b)(2), (c)(1), (c)(2) and the Appendix are not applicable to VFR operations by day.

(ii)

For IFR or VFR operations by day, subparagraphs (b) and (c) apply with the following variations.

(A)

Visual course guidance is considered available when the flight visibility is 1 500  m or more

(B)

The maximum corridor width required is 300 m when flight visibility is 1 500  m or more.

25.

OPS 1.545 Landing — destination and alternate aerodromes:

(i)

The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

(ii)

An operator wishing to conduct operations according to subparagraph (I) must have prior approval of the Authority issuing the AOC. Such an approval will:

(A)

specify the type of aeroplane;

(B)

specify the type of operation;

(C)

specify the aerodrome(s) and runways concerned;

(D)

restrict the final approach and landing to be conducted under VMC;

(E)

specify the crew qualification, and

(F)

be limited to aeroplanes where the type certificate was first issued before 1 January 2005 .

(iii)

The operation must be accepted by the State in which the aerodrome is located.

26.

OPS 1.550 Landing — dry runways:

(i)

The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

(ii)

An operator wishing to conduct operations according to subparagraph (i) must have prior approval of the Authority issuing the AOC. Such an approval will:

(A)

specify the type of aeroplane;

(B)

specify the type of operation;

(C)

specify the aerodrome(s) and runways concerned;

(D)

restrict the final approach and landing to be conducted under VMC;

(E)

specify the crew qualification; and

(F)

be limited to aeroplanes where the first type certificate was issued before 1 January 2005 .

(iii)

The operation must be accepted by the State in which the aerodrome is located.

27.

Reserved

28.

OPS 1.650 Day VFR operations:

Paragraph 1.650 is applicable with the following addition. Single engine aeroplanes, first issued with an individual certificate of airworthiness before 22 May 1995 , may be exempted from the requirements of subparagraphs (f), (g), (h) and (i) by the Authority if the fulfilment would require retrofitting.

29.

Part M, paragraph M.A.704, Continuing Airworthiness Management Exposition

The Continuing Airworthiness Management Exposition may be adapted to the operation to be conducted;

30.

Part M, paragraph M. A. 306, Operator's technical log system:

The Authority may approve an abbreviated form of technical log system, relevant to the type of operation conducted.

31.

OPS 1.940 Composition of Flight Crew:

Subparagraphs (a)(2), (a)(4), and (b) are not applicable to VFR operations by day, except that (a)(4) must be applied in full where two pilots are required by OPS 1.

32.

OPS 1.945 Conversion training and checking:

(i)

Subparagraph (a)(7) — Line flying under supervision (LIFUS) may be performed on any aeroplane within the applicable class. The amount of LIFUS required is dependent on the complexity of the operations to be performed.

(ii)

Subparagraph (a)(8) is not required.

33.

OPS 1.955 Nomination as commander:

Subparagraph (b) applies as follows. The Authority may accept an abbreviated command course relevant to the type of operation conducted.

34.

OPS 1.960 Commanders holding a Commercial Pilot Licence

Subparagraph (a)(1)(i) is not applicable to VFR operations by day.

35.

OPS 1.965 Recurrent training and checking:

(i)

Subparagraph (a)(1) shall be applied as follows for VFR operations by day. All training and checking shall be relevant to the type of operation and class of aeroplane on which the flight crew member operates with due account taken of any specialised equipment used.

(ii)

Subparagraph (a)(3(ii) applies as follows. Training in the aeroplane may be conducted by a Class Rating Examiner (CRE), a Flight Examiner (FE) or a Type Rating Examiner (TRE).

(iii)

Subparagraph (a)(4)(i) applies as follows. Operator proficiency check may be conducted by a Type Rating Examiner (TRE), Class Rating Examiner (CRE) or by a suitably qualified commander nominated by the operator and acceptable to the Authority, trained in CRM concepts and the assessment of CRM skills.

(iv)

Subparagraph (b)(2) shall be applicable as follows for VFR operations by day. In those cases where the operations are conducted during seasons not longer than eight consecutive months, one operator proficiency check is sufficient. This proficiency check must be undertaken before commencing commercial air transport operations.

36.

OPS 1.968 Pilot qualification for either pilot's seat:

Appendix 1 is not applicable to VFR operations of single engine aeroplanes by day.

37.

OPS 1.975 Route and aerodrome competence:

(i)

For VFR operations by day, subparagraphs (b), (c) and (d) are not applicable, except that the operator shall ensure that in the cases where a special approval by the state of the aerodrome is required, the associated requirements are observed.

(ii)

For IFR operations or VFR operations by night, as an alternative to subparagraphs (b) to (d), route and aerodrome competence may be revalidated as follows:

(A)

Except for operations to the most demanding aerodromes, by completion of at least 10 sectors within the area of operation during the preceding 12 months in addition to any required self briefing.

(B)

Operations to the most demanding aerodromes may be performed only if:

1.

the commander has been qualified at the aerodrome within the preceding 36 months by a visit as an operating flight crew member or as an observer;

2.

the approach is performed in VMC from the applicable minimum sector altitude; and

3.

an adequate self briefing has been made prior to the flight

38.

OPS 1.980 More than one type or variant:

(i)

Not applicable if operations are limited to single pilot classes of piston engine aeroplanes under VFR by day.

(ii)

For IFR and VFR Night Operations, the requirement in Appendix 1 to OPS 1.980, subparagraph (d)(2)(i) for 500 hours in the relevant crew position before exercising the privileges of two licence endorsements, is reduced to 100 hours or sectors if one of the endorsements is related to a class. A check flight must be completed before the pilot is released for duties as Commander.

39.

OPS 1.981 Operation of helicopters and aeroplanes:

Subparagraph (a)(1) is not applicable if operations are limited to single pilot classes of piston engine aeroplanes.

40.

Reserved

41.

OPS 1.1060 Operational flight plan:

Not required for A to A VFR/Day operations. For A to B VFR/Day operations the requirement is applicable but the flight plan may be in a simplified form relevant to the kind of operations conducted. (see OPS 1.135).

42.

OPS 1.1070 Continuing Airworthiness Management Exposition

The Continuing Airworthiness Management Exposition may be adapted to the operation to be conducted.

43.

OPS 1.1071 Aeroplane technical log:

Applicable as indicated for Part M, paragraph M. A. 306 Operators technical log system.

44.

Reserved

45.

Reserved

46.

OPS 1.1240 Training programmes:

The training programmes shall be adapted to the kind of operations performed. A self-study training programme may be acceptable for VFR operations.

47.

OPS 1.1250 Aeroplane search procedure checklist:

Not applicable for VFR operations by day.

Appendix 1 to OPS 1.125 Documents to be carried U.K. See OPS 1.125. U.K.

In case of loss or theft of documents specified in OPS 1.125, the operation is allowed to continue until the flight reaches the base or a place where a replacement document can be provided.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane.

(1)

[F1 OJ L 240, 24.8.1992, p. 1 .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane.