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

[F1 SUBPART C OPERATOR CERTIFICATION AND SUPERVISION U.K.

OPS 1.175 General rules for Air Operator Certification U.K.

Note 1: Appendix 1 to this paragraph specifies the contents and conditions of the AOC. U.K.

Note 2: Appendix 2 to this paragraph specifies the management and organisation requirements. U.K.

(a)

An operator shall not operate an aeroplane for the purpose of commercial air transportation otherwise than under, and in accordance with, the terms and conditions of an Air Operator Certificate (AOC).

(b)

An applicant for an AOC, or variation of an AOC, shall allow the Authority to examine all safety aspects of the proposed operation.

(c)

An applicant for an AOC must:

(1)

Not hold an AOC issued by another Authority unless specifically approved by the Authorities concerned;

(2)

Have his principal place of business and, if any, his registered office located in the State responsible for issuing the AOC;

(3)

Satisfy the Authority that he is able to conduct safe operations.

(d)

If an operator has aeroplanes registered in different Member States, appropriate arrangements shall be made to ensure appropriate safety oversight.

(e)

An operator shall grant the Authority access to his organisation and aeroplanes and shall ensure that, with respect to maintenance, access is granted to any associated Part–145 maintenance organisation, to determine continued compliance with OPS 1.

(f)

An AOC will be varied, suspended or revoked if the Authority is no longer satisfied that the operator can maintain safe operations.

(g)

The operator must satisfy the Authority that;

(1)

Its organisation and management are suitable and properly matched to the scale and scope of the operation; and

(2)

Procedures for the supervision of operations have been defined.

(h)

The operator must have nominated an accountable manager acceptable to the Authority who has corporate authority for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the Authority.

(i)

The operator must have nominated post holders, acceptable to the Authority, who are responsible for the management and supervision of the following areas,

(1)

Flight operations;

(2)

The maintenance system;

(3)

Crew training; and

(4)

Ground operations.

(j)

A Person may hold more than one of the nominated posts if acceptable to the Authority but, for operators who employ 21 or more full time staff, a minimum of two persons are required to cover the four areas of responsibility.

(k)

For operators who employ 20 or less full time staff, one or more of the nominated posts may be filled by the accountable manager if acceptable to the Authority.

(l)

The operator must ensure that every flight is conducted in accordance with the provisions of the Operations Manual.

(m)

The operator must arrange appropriate ground handling facilities to ensure the safe handling of its flights.

(n)

The operator must ensure that its aeroplanes are equipped and its crews are qualified, as required for the area and type of operation.

(o)

The operator must comply with the maintenance requirements, in accordance with Part M, for all aeroplanes operated under the terms of its AOC.

(p)

The operator must provide the Authority with a copy of the Operations Manual, as specified in Subpart P and all amendments or revisions to it.

(q)

The operator must maintain operational support facilities at the main operating base, appropriate for the area and type of operation.

OPS 1.180 Issue, variation and continued validity of an AOC U.K.

(a)

An operator will not be granted an AOC, or a variation to an AOC, and that AOC will not remain valid unless:

(1)

Aeroplanes operated have a standard Certificate of Airworthiness issued in accordance with Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (1) by a Member State. 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;

(2)

The maintenance system has been approved by the Authority in accordance with Part M, Subpart G; and

(3)

He has satisfied the Authority that he has the ability to:

(i)

Establish and maintain an adequate organisation;

(ii)

Establish and maintain a quality system in accordance with OPS 1.035;

(iii)

Comply with required training programmes;

(iv)

Comply with maintenance requirements, consistent with the nature and extent of the operations specified, including the relevant items prescribed in OPS 1.175 (g) to (o); and

(v)

Comply with OPS 1.175.

(b)

Notwithstanding the provisions of OPS 1.185 (f), the operator must notify the Authority as soon as practicable of any changes to the information submitted in accordance with OPS 1.185(a) below.

(c)

If the Authority is not satisfied that the requirements of subparagraph (a) above have been met, the Authority may require the conduct of one or more demonstration flights, operated as if they were commercial air transport flights.

OPS 1.185 Administrative requirements U.K.

(a)

An operator shall ensure that the following information is included in the initial application for an AOC and, when applicable, any variation or renewal applied for:

(1)

The official name and business name, address and mailing address of the applicant;

(2)

A description of the proposed operation;

(3)

A description of the management organisation;

(4)

The name of the accountable manager;

(5)

The names of major post holders, including those responsible for flight operations, the maintenance system, crew training and ground operations together with their qualifications and experience; and

(6)

The Operations Manual.

(b)

In respect of the operator's maintenance system only, the following information must be included in the initial application for an AOC and, when applicable, any variation or renewal applied for, and for each aeroplane type to be operated:

(1)

The operator's continuing airworthiness management exposition;

(2)

The operator's aeroplane maintenance programme(s);

(3)

The aeroplane technical log;

(4)

Where appropriate, the technical specification(s) of the maintenance contract(s) between the operator and any Part–145 approved maintenance organisation;

(5)

The number of aeroplanes.

(c)

The application for an initial issue of an AOC must be submitted at least 90 days before the date of intended operation except that the Operations Manual may be submitted later but not less than 60 days before the date of intended operation.

(d)

The application for the variation of an AOC must be submitted at least 30 days, or as otherwise agreed, before the date of intended operation.

(e)

The application for the renewal of an AOC must be submitted at least 30 days, or as otherwise agreed, before the end of the existing period of validity.

(f)

Other than in exceptional circumstances, the Authority must be given at least 10 days prior notice of a proposed change of a nominated post holder.

Appendix 1 to OPS 1.175 Contents and conditions of the Air Operator Certificate U.K.

An AOC specifies the:

(a)

Name and location (principal place of business) of the operator;

(b)

Date of issue and period of validity;

(c)

Description of the type of operations authorised;

(d)

Type(s) of aeroplane(s) authorised for use;

(e)

Registration markings of the authorised aeroplane(s) except that operators may obtain approval for a system to inform the Authority about the registration markings for aeroplanes operated under its AOC;

(f)

Authorised areas of operation;

(g)

Special limitations; and

(h)

Special authorisations/approvals e.g.:

• CAT II/CAT III (including approved minima)

• (MNPS)

  Minimum Navigation Performance Specifications

• (ETOPS)

  Extended Range Operation Twin Engined Aeroplanes

• (RNAV)

  Area Navigation

• (RVSM)

  Reduced Vertical Separation Minima

• Transportation of Dangerous Goods.

• Authorisation to provide cabin crew initial safety training and, if applicable, to issue the attestation provided for in Subpart O, for those operators who provide such training directly or indirectly.

Appendix 2 to OPS 1.175 The management and organisation of an AOC holder U.K.

(a)

General:

An operator must have a sound and effective management structure in order to ensure the safe conduct of air operations. Nominated post holders must have managerial competency together with appropriate technical/operational qualifications in aviation.

(b)

Nominated post holders:

(1)

A description of the functions and the responsibilities of the nominated post holders, including their names, must be contained in the Operations Manual and the Authority must be given notice in writing of any intended or actual change in appointments or functions.

(2)

The operator must make arrangements to ensure continuity of supervision in the absence of nominated post holders.

(3)

A person nominated as a post holder by the holder of an AOC must not be nominated as a post holder by the holder of any other AOC, unless acceptable to the Authorities concerned.

(4)

Persons nominated as post holders must be contracted to work sufficient hours to fulfil the management functions associated with the scale and scope of the operation.

(c)

Adequacy and supervision of staff:

(1)

Crew members. The operator must employ sufficient flight and cabin crew for the planned operation, trained and checked in accordance with Subpart N and Subpart O as appropriate.

(2)

Ground Staff:

(i)

The number of ground staff is dependent upon the nature and the scale of operations. Operations and ground handling departments, in particular, must be staffed by trained personnel who have a thorough understanding of their responsibilities within the organisation.

(ii)

An operator contracting other organisations to provide certain services retains responsibility for the maintenance of proper standards. In such circumstances, a nominated post holder must be given the task of ensuring that any contractor employed meets the required standards.

(3)

Supervision:

(i)

The number of supervisors to be appointed is dependent upon the structure of the operator and the number of staff employed.

(ii)

The duties and responsibilities of these supervisors must be defined, and any flying commitments arranged so that they can discharge their supervisory responsibilities.

(iii)

The supervision of crew members and ground staff must be exercised by individuals possessing experience and personal qualities sufficient to ensure the attainment of the standards specified in the operations manual.

(d)

Accommodation facilities:

(1)

An operator must ensure that working space available at each operating base is sufficient for personnel pertaining to the safety of flight operations. Consideration must be given to the needs of ground staff, those concerned with operational control, the storage and display of essential records, and flight planning by crews.

(2)

Office services must be capable, without delay, of distributing operational instructions and other information to all concerned.

(e)

Documentation:

The operator must make arrangements for the production of manuals, amendments and other documentation.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (Text with EEA relevance).

(1)

[F1 OJ L 243, 27.9.2003, p. 6 .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (Text with EEA relevance).