[F1This Annex establishes requirements to be followed by an air operator conducting:
Textual Amendments
commercial air transport operations (CAT);
commercial specialised operations;
non-commercial operations with complex motor-powered aircraft;
non-commercial specialised operations with complex motor-powered aircraft.]
Textual Amendments
F2Annex 3 point ORO.GEN.105 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F3Inserted by Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 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.
F4Inserted by Commission Regulation (EU) No 800/2013 of 14 August 2013 amending Regulation (EU) No 965/2012 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 (Text with EEA relevance).
Textual Amendments
Textual Amendments
F6Substituted 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
F8Word in Annex 3 point ORO.GEN.110(j) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F7Substituted by Commission Regulation (EU) 2017/363 of 1 March 2017 amending Regulation (EU) No 965/2012 as regards the specific approval of single-engined turbine aeroplane operations at night or in instrument meteorological conditions and the approval requirements for the dangerous goods training relating to commercial specialised operations, non-commercial operations of complex motor-powered aircraft and non-commercial specialised operations of complex motor-powered aircraft.
a single-engined propeller-driven aeroplane having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day;
an other-than-complex motor-powered helicopter, single-engined, with an MOPSC of 5 or less, operated in a flight taking off and landing at the same aerodrome or operating site, under VFR by day.]]
Textual Amendments
Textual Amendments
F10Word in Annex 3 point ORO.GEN.115 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F11Word in Annex 3 point ORO.GEN.120(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The operator may implement these alternative means of compliance subject to prior approval by the [F13CAA] and upon receipt of the notification as prescribed in ARO.GEN.120(d).
Textual Amendments
F12Word in Annex 3 point ORO.GEN.120(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(5)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F13Word in Annex 3 point ORO.GEN.120(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(5)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F14Word in Annex 3 point ORO.GEN.120(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(5)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
A certified operator shall comply with the scope and privileges defined in the operations specifications attached to the operator’s certificate.
the scope of the certificate or the operations specifications of an operator; or
any of the elements of the operator’s management system as required in ORO.GEN.200(a)(1) and (a)(2),
shall require prior approval by the [F15CAA].
Textual Amendments
F15Word in Annex 3 point ORO.GEN.130 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The operator shall provide the [F15CAA] with any relevant documentation.
The change shall only be implemented upon receipt of formal approval by the [F15CAA] in accordance with ARO.GEN.330.
The operator shall operate under the conditions prescribed by the [F15CAA] during such changes, as applicable.
the operator remaining in compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, taking into account the provisions related to the handling of findings as specified under point ORO.GEN.150 of this Annex;
the [F16CAA] being granted access to the operator as defined in point ORO.GEN.140 of this Annex to determine continued compliance with the relevant requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts;
the certificate not being surrendered or revoked.]
Textual Amendments
F16Word in Annex 3 point ORO.GEN.135 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(7) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F18Annex 3 point ORO.GEN.140(a)(1)(2) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(8)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F17Words in Annex 3 point ORO.GEN.140(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(8)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
After receipt of notification of findings, the operator shall:
Textual Amendments
F19Word in Annex 3 point ORO.GEN.150(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(9)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in Annex 3 point ORO.GEN.150(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(9)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The operator shall implement:
Textual Amendments
F21Word in Annex 3 point ORO.GEN.155(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(10)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F22Word in Annex 3 point ORO.GEN.155(a) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(10)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F23Annex 3 point ORO.GEN.155(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(10)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F24Word in Annex 3 point ORO.GEN.160 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(11) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F25Substituted by Commission Regulation (EU) No 71/2014 of 27 January 2014 amending Regulation (EU) No 965/2012 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 (Text with EEA relevance).
clearly defined lines of responsibility and accountability throughout the operator, including a direct safety accountability of the accountable manager;
a description of the overall philosophies and principles of the operator with regard to safety, referred to as the safety policy;
the identification of aviation safety hazards entailed by the activities of the operator, their evaluation and the management of associated risks, including taking actions to mitigate the risk and verify their effectiveness;
maintaining personnel trained and competent to perform their tasks;
documentation of all management system key processes, including a process for making personnel aware of their responsibilities and the procedure for amending this documentation;
a function to monitor compliance of the operator with the relevant requirements. Compliance monitoring shall include a feedback system of findings to the accountable manager to ensure effective implementation of corrective actions as necessary; and
any additional requirements that are prescribed in the relevant Subparts of this Annex or other applicable Annexes.
that the contracted or purchased services or products comply with the applicable requirements;
that any aviation safety hazards associated with contracted or purchased services or products are considered by the operator's management system.]
Textual Amendments
F26Word in Annex 3 point ORO.GEN.205(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 359(12) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The operator shall have facilities allowing the performance and management of all planned tasks and activities in accordance with the applicable requirements.
Aircraft listed on an operator's AOC may remain on the AOC if it is operated in any of the following situations:
by the AOC holder itself, for specialised operations in accordance with Annex VIII (Part-SPO);
by other operators, for non-commercial operations with motor-powered aircraft or for specialised operations performed in accordance with Annex VI (Part-NCC), Annex VII (Part-NCO) or Annex VIII (Part-SPO), provided that the aircraft is used for a continuous period not exceeding 30 days.
When the aircraft is used in accordance with point (a)(2), the AOC holder providing the aircraft and the operator using the aircraft shall establish a procedure:
clearly identifying which operator is responsible for the operational control of each flight and to describe how the operational control is transferred between them;
describing the handover procedure of the aircraft upon its return to the AOC holder.
That procedure shall be included in the operations manual of each operator or in a contract between the AOC holder and the operator using the aircraft in accordance with point (a)(2). The AOC holder shall establish a template of such contract. Point ORO.GEN.220 shall apply to the record-keeping of those contracts.
The AOC holder and the operator using the aircraft in accordance with point (a)(2) shall ensure that the procedure is communicated to the relevant personnel.
The AOC holder shall submit to the [F28CAA] the procedure referred to in point (b) for prior approval.
The AOC holder shall agree with the [F28CAA] on the means and on the frequency of providing it with information about transfers of operational control in accordance with point ORO.GEN.130(c).
The continuing airworthiness of the aircraft used in accordance with point (a) shall be managed by the organisation responsible for the continuing airworthiness of the aircraft included in the AOC, in accordance with Regulation (EU) No 1321/2014.
The AOC holder providing the aircraft in accordance with point (a) shall:
indicate in its operations manual the registration marks of the provided aircraft and the type of operations conducted with those aircraft;
remain informed at all times and keep record of each operator that holds the operational control of the aircraft at any given moment until the aircraft is returned to the AOC holder;
ensure that its hazard identification, risk assessment and mitigation measures address all the operations conducted with those aircraft.
For operations under Annex VI (Part-NCC) and Annex VIII (Part-SPO), the operator using the aircraft in accordance with point (a) shall ensure all of the following:
that every flight conducted under its operational control is recorded in the aircraft technical log system;
that no changes to the aircraft systems or configuration are made;
[F29that any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the organisation referred in point (d);]
that the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) No 376/2014 and Commission Implementing Regulation (EU) 2015/1018 (2) .]
Textual Amendments
F28Word in Annex 3 point ORO.GEN.310 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 65
F29Substituted 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.
Textual Amendments
F27Inserted 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
F30Word in Annex 3 point ORO.AOC.100 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the official name and business name, address, and mailing address of the applicant;
a description of the proposed operation, including the type(s), and number of aircraft to be operated;
a description of the management system, including organisational structure;
the name of the accountable manager;
the names of the nominated persons required by ORO.AOC.135(a) together with their qualifications and experience;
a copy of the operations manual required by ORO.MLR.100;
a statement that all the documentation sent to the [F30CAA] have been verified by the applicant and found in compliance with the applicable requirements.
[F31they comply with all the requirements of annex IV to Regulation (EC) No 216/2008, this Annex (Part-ORO), Annex IV (Part-CAT) and Annex V (Part-SPA) to this Regulation and Annex I (Part 26) to Regulation (EU) 2015/640 (4) ;]
[F32all aircraft operated have a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012 or are dry leased-in in accordance with ORO.AOC.110 (d); and]
its organisation and management are suitable and properly matched to the scale and scope of the operation.]
Textual Amendments
The privileges of the operator, including those granted in accordance with Annex V (Part-SPA), shall be specified in the operations specifications of the certificate.
Textual Amendments
F33Word in Annex 3 point ORO.AOC.110(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F34Words in Annex 3 point ORO.AOC.110(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
that the third country operator holds a valid AOC issued in accordance with Annex 6 to the Convention on International Civil Aviation;
that the safety standards of the third country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014 and this Regulation;
that the aircraft has a standard CofA issued in accordance with Annex 8 to the Convention on International Civil Aviation.]
Textual Amendments
F35Word in Annex 3 point ORO.AOC.110(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
an operational need has been identified that cannot be satisfied through leasing an aircraft registered in the [F37United Kingdom];
the duration of the dry lease-in does not exceed seven months in any 12 consecutive month period;
compliance with the applicable requirements of Regulation (F38...) No 1321/2014 is ensured; and
the aircraft is equipped in accordance with the EU regulations for Air Operations.]
Textual Amendments
F37Words in Annex 3 point ORO.AOC.110(d)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(3)(d)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F38Word in Annex 3 point ORO.AOC.110(d)(3) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(3)(d)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F36Word in Annex 3 point ORO.AOC.110(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(3)(d)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F39Word in Annex 3 point ORO.AOC.110(e) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(3)(e) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F40Word in Annex 3 point ORO.AOC.110(f) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(3)(e) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F42Word in Annex 3 point ORO.AOC.115(a)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(4)(a)(ii)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F43Words in Annex 3 point ORO.AOC.115(a)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(4)(a)(ii)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F41Words in Annex 3 point ORO.AOC.115(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(4)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F44Words in Annex 3 point ORO.AOC.115(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the date of intended commencement of activity;
the personal details and qualifications of the instructors as relevant to the training elements to be covered;
the name(s) and address(es) of the training site(s) at which the training is to be conducted;
a description of the facilities, training methods, manuals and representative devices to be used; and
the syllabi and associated programmes for the training course.
Textual Amendments
F45Word in Annex 3 point ORO.AOC.120(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
demonstrate to the [F47CAA] that:
the organisation has the capability and accountability to perform this task;
the personnel conducting examinations are appropriately qualified and free from conflict of interest; and
provide the procedures and the specified conditions for:
conducting the examination required by CC.TRA.220;
issuing cabin crew attestations; and
Textual Amendments
F47Word in Annex 3 point ORO.AOC.120(b)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(5)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F48Word in Annex 3 point ORO.AOC.120(b)(2)(iii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(5)(b)(iii)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F49Words in Annex 3 point ORO.AOC.120(b)(2)(iii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(5)(b)(iii)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F46Words in Annex 3 point ORO.AOC.120(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 360(5)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The AOC holder may conduct non-commercial operations in accordance with Annex VI (Part-NCC) or Annex VII (Part-NCO) with aircraft listed in the operations specifications of its AOC or in its operations manual, provided that the AOC holder describes such operations in detail in the operations manual, including the following:
an identification of the applicable requirements;
a description of any differences between operating procedures used when conducting CAT operations and non-commercial operations;
means of ensuring that all personnel involved in the operations are fully familiar with the associated procedures.
An AOC holder shall comply with:
Annex VIII (Part-SPO) when conducting maintenance check flights with complex motor-powered aircraft;
Annex VII (Part-NCO) when conducting maintenance check flights with other than complex motor-powered aircraft.
An AOC holder conducting operations referred to in points (a) and (b) shall not be required to submit a declaration in accordance with this Annex.
The AOC holder shall specify the type of flight, as listed in its operations manual, in the flight-related documents (operational flight plan, loadsheet and other equivalent documents).]
The operator shall establish and maintain a flight data monitoring programme, which shall be integrated in its management system, for aeroplanes with a maximum certificated take-off mass of more than 27 000 kg.
The flight data monitoring programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data.]
flight operations;
crew member training;
ground operations;
continuing airworthiness or for the continuing airworthiness management contract in accordance with Regulation (EU) No 1321/2014, as the case may be.]
be properly trained;
demonstrate their capabilities in the performance of their assigned duties; and
be aware of their responsibilities and the relationship of their duties to the operation as a whole.
In accordance with ORO.GEN.215, the operator shall:
make use of appropriate ground handling facilities to ensure the safe handling of its flights;
arrange operational support facilities at the main operating base, appropriate for the area and type of operation; and
ensure that the available working space at each operating base is sufficient for personnel whose actions may affect the safety of flight operations. Consideration shall be given to the needs of ground crew, personnel concerned with operational control, the storage and display of essential records and flight planning by crews.
[F1The operator of complex motor-powered aircraft engaged in non-commercial operations or non-commercial specialised operations, and the commercial specialised operator shall:]
provide the [F50CAA] with all relevant information prior to commencing operations, using the form contained in Appendix I to this Annex;
notify to the [F50CAA] a list of the alternative means of compliance used;
maintain compliance with the applicable requirements and with the information given in the declaration;
notify the [F50CAA] without delay of any changes to its declaration or the means of compliance it uses through submission of an amended declaration using the form contained in Appendix I to this Annex; and
notify the [F50CAA] when it ceases operation.]
Textual Amendments
F50Word in Annex 3 point ORO.DEC.100 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 361 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
for wet leasing-in an aircraft of a third-country operator:
that the safety standards of a third-country operator with regard to continuing airworthiness and air operations are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014 (5) and this Regulation;
that the aircraft of a third-country operator has a standard CofA issued in accordance with Annex 8 to the Convention on International Civil Aviation;
that the duration of the wet lease-in does not exceed seven months in any 12 consecutive month period;
for dry leasing-in an aircraft registered in a third country:
that an operational need that cannot be satisfied through leasing an aircraft [F52registered in the United Kingdom] has been identified;
that the duration of the dry lease-in does not exceed seven months in any 12 consecutive month period;
that the safety standards of the third-country aircraft with regard to continuing airworthiness are equivalent to the applicable requirements established by Regulation (EU) No 1321/2014;
that the aircraft is equipped in accordance with Annex VIII (Part SPO).]
Textual Amendments
F52Words in Annex 3 point ORO.SPO.100(c) substituted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F51Word in Annex 3 point ORO.SPO.100(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
that is carried out over an area where the safety of third parties on the ground is likely to be endangered in the event of an emergency, or
that, as determined by the [F54CAA], due to its specific nature and the local environment in which it is conducted, poses a high risk, in particular to third parties on the ground.
Textual Amendments
F54Word in Annex 3 point ORO.SPO.110(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F53Word in Annex 3 point ORO.SPO.110(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the official name and business name, address, and mailing address of the applicant;
a description of the management system, including organisational structure;
a description of the proposed operation, including the type(s), and number of aircraft to be operated;
the risk assessment documentation and related standard operating procedures, required by SPO.OP.230;
a statement that all the documentation sent to the [F55CAA] has been verified by the operator and found in compliance with the applicable requirements.
Textual Amendments
F55Word in Annex 3 point ORO.SPO.110(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F56Word in Annex 3 point ORO.SPO.110(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F57Word in Annex 3 point ORO.SPO.115 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the operator remaining in compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules, taking into account the provisions related to the handling of findings as specified under ORO.GEN.150;
the [F58CAA] being granted access to the operator as defined in ORO.GEN.140 to determine continued compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules; and
the authorisation not being surrendered or revoked.
Textual Amendments
F58Word in Annex 3 point ORO.SPO.120 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 362(5) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
for amendments required to be notified in accordance with ORO.GEN.115(b) and ORO.GEN.130(c), the operator shall supply the [F59CAA] with intended amendments in advance of the effective date; and
for amendments to procedures associated with prior approval items in accordance with ORO.GEN.130, approval shall be obtained before the amendment becomes effective.
Textual Amendments
F59Word in Annex 3 Subpart MLR substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 363 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
[F9Except for operations with single-engined propeller-driven aeroplanes with an MOPSC of 5 or less or single-engined non-complex helicopters with an MOPSC of 5 or less, taking off and landing at the same aerodrome or operating site, under VFR by day, the main structure of the OM shall be as follows:]
Part A: General/Basic, comprising all non-type-related operational policies, instructions and procedures;
Part B: Aircraft operating matters, comprising all type-related instructions and procedures, taking into account differences between types/classes, variants or individual aircraft used by the operator;
Part C: Commercial air transport operations, comprising route/role/area and aerodrome/operating site instructions and information;
Part D: Training, comprising all training instructions for personnel required for a safe operation.
Textual Amendments
F60Substituted by Commission Regulation (EU) No 800/2013 of 14 August 2013 amending Regulation (EU) No 965/2012 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 (Text with EEA relevance).
a preamble, including guidance and definitions for flight crews and maintenance personnel using the MEL;
the revision status of the MMEL upon which the MEL is based and the revision status of the MEL;
the scope, extent and purpose of the MEL.
establish rectification intervals for each inoperative instrument, item of equipment or function listed in the MEL. The rectification interval in the MEL shall not be less restrictive than the corresponding rectification interval in the MMEL;
establish an effective rectification programme;
only operate the aircraft after expiry of the rectification interval specified in the MEL when:
the defect has been rectified; or
the rectification interval has been extended in accordance with (f).
the extension of the rectification interval is within the scope of the MMEL for the aircraft type;
the extension of the rectification interval is, as a maximum, of the same duration as the rectification interval specified in the MEL;
the rectification interval extension is not used as a normal means of conducting MEL item rectification and is used only when events beyond the control of the operator have precluded rectification;
a description of specific duties and responsibilities for controlling extensions is established by the operator;
the [F59CAA] is notified of any extension of the applicable rectification interval; and
a plan to accomplish the rectification at the earliest opportunity is established.
the operational procedures referenced in the MEL when planning for and/or operating with the listed item inoperative; and
the maintenance procedures referenced in the MEL prior to operating with the listed item inoperative.
[F25the concerned instruments, items of equipment or functions are within the scope of the MMEL as defined in point (a);]
the approval is not used as a normal means of conducting operations outside the constraints of the approved MEL and is used only when events beyond the control of the operator have precluded the MEL compliance;
a description of specific duties and responsibilities for controlling the operation of the aircraft under such approval is established by the operator; and
a plan to rectify the inoperative instruments, items of equipment or functions or to return operating the aircraft under the MEL constraints at the earliest opportunity is established.
Particulars of the aircraft, its crew and each journey shall be retained for each flight, or series of flights, in the form of a journey log, or equivalent.
for CAT operators, records of the activities referred to in ORO.GEN.200;
for declared operators, a copy of the operator’s declaration, details of approvals held and operations manual;
for SPO authorisation holders, in addition to (a)(2), records related to the risk assessment conducted in accordance with SPO.OP.230 and related standard operating procedures.]
the operational flight plan, if applicable;
route-specific notice(s) to airmen (NOTAM) and aeronautical information services (AIS) briefing documentation, if edited by the operator;
mass and balance documentation;
notification of special loads, including written information to the commander/pilot-in-command about dangerous goods [F3, if applicable];
the journey log, or equivalent; and
flight report(s) for recording details of any occurrence, or any event that the commander/pilot-in-command deems necessary to report or record;
Flight crew licence and cabin crew attestation | As long as the crew member is exercising the privileges of the licence or attestation for the aircraft operator |
Crew member training, checking and qualifications | 3 years |
Records on crew member recent experience | 15 months |
Crew member route and aerodrome/task and area competence, as appropriate | 3 years |
Dangerous goods training, as appropriate | 3 years |
Training/qualification records of other personnel for whom a training programme is required | Last 2 training records |
maintain records of all training, checking and qualifications of each crew member, as prescribed in Part-ORO; and
make such records available, on request, to the crew member concerned.
In an aeroplane which is equipped with a secure flight crew compartment door, that door shall be capable of being locked, and means shall be provided by which the cabin crew can notify the flight crew in the event of suspicious activity or security breaches in the cabin.
All passenger-carrying aeroplanes that are engaged in the commercial transportation of passengers shall be equipped with an approved secure flight crew compartment door that is capable of being locked and unlocked from either pilot's station and designed to meet the applicable airworthiness requirements, where such airplanes fall within any of the following categories:
aeroplanes with an MCTOM that exceeds 54 500 kg;
aeroplanes with an MCTOM that exceeds 45 500 kg and have an MOPSC of more than 19; or
aeroplanes with an MOPSC of more than 60.
In all aeroplanes which are equipped with a secure flight crew compartment door in accordance with point (b):
that door shall be closed prior to engine start for take-off and shall be locked when required so by security procedures or by the pilot-in-command until engine shutdown after landing, except when deemed to be necessary for authorised persons to access or egress in compliance with national civil aviation security programmes;
means shall be provided for monitoring from either pilot's station the entire door area outside the flight crew compartment to identify persons that request to enter and to detect suspicious behaviour or potential threat.]
If installed, the flight crew compartment door on a helicopter operated for the purpose of carrying passengers shall be capable of being locked from within the flight crew compartment in order to prevent unauthorised access.
This Subpart establishes requirements to be met by the operator related to flight crew training, experience and qualification and comprises:
SECTION 1 specifying common requirements applicable to both non-commercial operations of complex motor-powered aircraft and any commercial operation;
[F9SECTION 2 specifying additional requirements applicable to commercial air transport operations, with the exception of commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site and within a local area specified by the [F61CAA], with:
single-engined propeller-driven aeroplanes having an MCTOM of 5 700 kg or less and an MOPSC of 5 or less; or
other-than-complex motor-powered helicopters, single-engined, with an MOPSC of 5 or less;]
SECTION 3 specifying additional requirements for commercial specialised operations and for those referred to in b(1) and (2).]
Textual Amendments
F61Word in Annex 3 Subpart FC substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 363 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the total number of aircraft types or variants operated; and
the applicable flight and duty time limitations and rest requirements.
the minimum level of experience specified in the operations manual;
adequate knowledge of the route or area to be flown and of the aerodromes, including alternate aerodromes, facilities and procedures to be used;
in the case of multi-crew operations, completed an operator’s command course if upgrading from co-pilot to pilot-in-command/commander.
performance class B aeroplanes involved in commercial air transport operations under VFR by day; and
When a separate flight engineer station is incorporated in the design of an aeroplane, the flight crew shall include one crew member who is suitably qualified in accordance with applicable national rules.
when changing to an aircraft for which a new type or class rating is required;
when joining an operator.
Flight crew members who may be assigned to operate in either pilot’s seat shall complete appropriate training and checking as specified in the operations manual.
All training, checking and assessment required in this Subpart shall be conducted in accordance with the training programmes and syllabi established by the operator in the operations manual;
When establishing the training programmes and syllabi, the operator shall include the relevant elements defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012.
In the case of CAT operations, training and checking programmes, including syllabi and use of individual flight simulation training devices (FSTDs), shall be approved by the [F61CAA].
The FSTD shall 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.
The operator shall 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.]
Textual Amendments
All training, checking and assessment required in this Subpart shall be conducted by appropriately qualified personnel.
In the case of flight and flight simulation training and checking, the personnel that provides the training and conducts the checks shall be qualified in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011.
For an EBT programme, the personnel that performs assessment and provides training shall:
hold an Annex I (Part-FCL) instructor or examiner certificate;
complete the operator’s EBT instructor standardisation programme. This shall include an initial standardisation programme and a recurrent standardisation programme.
Completion of the operator’s EBT initial standardisation will qualify the instructor to perform EBT practical assessment.
Notwithstanding point (b) above, the line evaluation of competence shall be conducted by a suitably qualified commander nominated by the operator that is standardised in EBT concepts and the assessment of competencies (line evaluator).]
Textual Amendments
The minimum flight crew shall be two pilots for all turbo-propeller aeroplanes with a maximum operational passenger seating configuration (MOPSC) of more than nine and all turbojet aeroplanes.
Aeroplanes other than those covered by (c)(1) shall be operated with a minimum crew of two pilots, unless the requirements of ORO.FC.202 are complied with, in which case they may be operated by a single pilot.
For all operations of helicopters with an MOPSC of more than 19 and for operations under IFR of helicopters with an MOPSC of more than 9:
the minimum flight crew shall be two pilots; and
the commander shall be the holder of an airline transport pilot licence (helicopter) (ATPL(H)) with an instrument rating issued in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011.
Operations not covered by (d)(1) may be operated by a single pilot under IFR or at night provided that the requirements of ORO.FC.202 are complied with.
another qualified commander; or
for operations only above flight level (FL) 200, a pilot who complies with the following minimum qualifications:
ATPL;
conversion training and checking, including type rating training, in accordance with ORO.FC.220;
all recurrent training and checking in accordance with ORO.FC.230 and ORO.FC.240;
route/area and aerodrome competence in accordance with ORO.FC.105.
another suitably qualified pilot;
for operations only above FL 200, a cruise relief co-pilot that complies with the following minimum qualifications:
valid commercial pilot licence (CPL) with an instrument rating;
conversion training and checking, including type rating training, in accordance with ORO.FC.220 except the requirement for take-off and landing training;
recurrent training and checking in accordance with ORO.FC.230 except the requirement for take-off and landing training.
In order to be able to fly under IFR or at night with a minimum flight crew of one pilot, as foreseen in ORO.FC.200(c)(2) and (d)(2), the following shall be complied with:
The operator shall include in the operations manual a pilot’s conversion and recurrent training programme that includes the additional requirements for a single-pilot operation. The pilot shall have undertaken training on the operator’s procedures, in particular regarding:
engine management and emergency handling;
use of normal, abnormal and emergency checklist;
air traffic control (ATC) communication;
departure and approach procedures;
autopilot management, if applicable;
use of simplified in-flight documentation;
single-pilot crew resource management.
The recurrent checks required by ORO.FC.230 shall be performed in the single-pilot role on the relevant type or class of aircraft in an environment representative of the operation.
For aeroplane operations under IFR the pilot shall have:
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
completed during the preceding 90 days on the relevant type or class of aeroplane:
five IFR flights, including three instrument approaches, in a single-pilot role; or
an IFR instrument approach check.
For aeroplane operations at night the pilot shall have:
a minimum of 15 hours flight time at night which may be included in the 50 hours flight time under IFR in (c)(1); and
completed during the preceding 90 days on the relevant type or class of aeroplane:
three take-offs and landings at night in the single pilot role; or
a night take-off and landing check.
For helicopter operations under IFR the pilot shall have:
25 hours total IFR flight experience in the relevant operating environment; and
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 five sectors of IFR line flying under supervision using the single-pilot procedures; and
completed during the preceding 90 days:
five IFR flights as a single pilot, including three instrument approaches, carried out on a helicopter approved for this purpose; or
an IFR instrument approach check as a single pilot on the relevant type of helicopter, flight training device (FTD) or full flight simulator (FFS).
training in an FSTD, which includes line oriented flight training (LOFT) and/or flight training;
the operator proficiency check, operating as commander;
command responsibilities training;
line training as commander under supervision, for a minimum of:
10 flight sectors, in the case of aeroplanes; and
10 hours, including at least 10 flight sectors, in the case of helicopters;
completion of a line check as commander and demonstration of adequate knowledge of the route or area to be flown and of the aerodromes, including alternate aerodromes, facilities and procedures to be used; and
crew resource management training.
the operator proficiency check and the emergency and safety equipment training and checking before commencing line flying under supervision (LIFUS); and
the line check upon completion of line flying under supervision. For performance class B aeroplanes, LIFUS may be performed on any aeroplane within the applicable class.
commence line flying under supervision 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 shall be described in the operations manual;
complete six 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) No 748/2012. If those take-offs and landings have not been performed within 21 days, the operator shall provide refresher training the content of which shall be described in the operations manual;
conduct the first four take-offs and landings of the LIFUS in the aeroplane under the supervision of a 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) No 748/2012.]
Each flight crew member shall complete training and checking on the location and use of all emergency and safety equipment carried. The validity period of an emergency and safety equipment check shall be 12 calendar months.
EBT PROGRAMME
The operator may substitute the requirements of ORO.FC.230 by establishing, implementing and maintaining a suitable EBT programme approved by the [F61CAA].
The operator shall demonstrate its capability to support the implementation of the EBT programme (including an implementation plan) and perform a safety risk assessment demonstrating how an equivalent level of safety is achieved.
The EBT programme shall:
correspond to the size of the operator, and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities;
ensure pilot competence by assessing and developing pilot competencies required for a safe, effective and efficient operation of aircraft;
ensure that each pilot is exposed to the assessment and training topics derived in accordance with ORO.FC.232;
include at least six EBT modules distributed across a 3-year programme; each EBT module shall consist of an evaluation phase and a training phase. The validity period of a EBT module shall be 12 months;
The evaluation phase comprises a line-orientated flight scenario (or scenarios) to assess all competencies and identify individual training needs.
The training phase comprises:
the manoeuvres training phase, comprising training to proficiency in certain defined manoeuvres;
the scenario-based training phase, comprising a line-orientated flight scenario (or scenarios) to develop competencies and address individual training needs.
The training phase shall be conducted in a timely manner after the evaluation phase.
The operator shall ensure that each pilot enrolled in the EBT programme completes:
a minimum of two EBT modules within the validity period of the type rating, separated by a period of not less than 3 months. The EBT module is completed when:
the content of the EBT programme is completed for that EBT module (exposure of the pilot to the assessment and training topics); and
an acceptable level of performance in all observed competencies has been demonstrated;
line evaluation(s) of competence; and
ground training.
The operator shall establish an EBT instructor standardisation and concordance assurance programme to ensure that the instructors involved in EBT are properly qualified to perform their tasks.
All instructors must be subject to this programme;
The operator shall use appropriate methods and metrics to assess concordance;
The operator shall demonstrate that the instructors have sufficient concordance.
The EBT programme may include contingency procedures for unforeseen circumstances that could affect the delivery of the EBT modules. The operator shall demonstrate the need for those procedures. The procedures shall ensure that a pilot does not continue line operations if the performance observed was below the minimum acceptable level. They may include:
a different separation period between EBT modules; and
different order of the phases of the EBT module.
COMPETENCY FRAMEWORK
The operator shall use a competency framework for all aspects of assessment and training within an EBT programme. The competency framework shall:
be comprehensive, accurate, and usable;
include observable behaviours required for safe, effective and efficient operations;
include a defined set of competencies, their descriptions and their associated observable behaviours.
TRAINING SYSTEM PERFORMANCE
The EBT system performance shall be measured and evaluated through a feedback process in order to:
validate and refine the operator’s EBT programme;
ascertain that the operator’s EBT programme develops pilot competencies.
The feedback process shall be included in the operator’s management system.
The operator shall develop procedures governing the protection of EBT data.
GRADING SYSTEM
The operator shall use a grading system to assess the pilot competencies. The grading system shall ensure:
a sufficient level of detail to enable accurate and useful measurements of individual performance;
a performance criterion and a scale for each competency, with a point on the scale which determines the minimum acceptable level to be achieved for the conduct of line operations. The operator shall develop procedures to address low performance of the pilot;
data integrity;
data security.
The operator shall verify at regular intervals the accuracy of the grading system against a criterion-referenced system.
SUITABLE TRAINING DEVICES AND VOLUME OF HOURS TO COMPLETE THE OPERATOR’S EBT PROGRAMME
Each EBT module shall be conducted in an FSTD with a qualification level adequate to ensure the correct delivery of the assessment and training topics.
The operator shall provide a sufficient volume of hours in the suitable training device for the pilot to complete the operator’s EBT programme. The criteria to determine the volume of the EBT programme are as follows:
The volume corresponds to the size and complexity of the EBT programme;
The volume is sufficient to complete the EBT programme;
The volume ensures an effective EBT programme taking into account the recommendations provided by ICAO F64... and the [F61CAA];
The volume corresponds to the technology of the training devices used.
EQUIVALENCY OF MALFUNCTIONS
Each pilot shall receive assessment and training in the management of aircraft system malfunctions.
Aircraft system malfunctions that place a significant demand on a proficient crew shall be organised by reference to the following characteristics:
immediacy;
complexity;
degradation of aircraft control;
loss of instrumentation;
management of consequences.
Each pilot shall be exposed to at least one malfunction for each characteristic at the frequency determined by the table of assessment and training topics.
Demonstrated proficiency in the management of one malfunction is considered equivalent to demonstrated proficiency in the management of other malfunctions with the same characteristics.
EQUIVALENCY OF APPROACHES RELEVANT TO OPERATIONS
The operator shall ensure that each pilot receives regular training in the conduct of approach types and approach methods relevant to operations.
This training shall include approaches that place an additional demand on a proficient crew.
This training shall include the approaches that require specific approval in accordance with Annex V (Part- SPA) to this Regulation.
LINE EVALUATION OF COMPETENCE
Each pilot shall periodically undertake a line evaluation of competence in an aircraft to demonstrate the safe, effective and efficient conduct of normal line operations described in the operations manual.
The validity period of a line evaluation of competence shall be 12 months.
The operator approved for EBT may, with the approval of the [F61CAA], extend the validity of the line evaluation of competence to:
either 2 years, subject to a risk assessment;
or 3 years, subject to a feedback process for the monitoring of line operations which identifies threats to the operations, minimises the risks of such threats, and implements measures to manage human error in the operations.
For successful completion of the line evaluation of competence, the pilot shall demonstrate an acceptable level of performance in all observed competencies.
GROUND TRAINING
Every 12 calendar months, each pilot shall undergo:
technical ground training;
assessment and training on the location and use of all emergency and safety equipment carried on the aircraft.
The operator may, with the approval of the [F61CAA] and subject to a risk assessment, extend the period of assessment and training on the location and use of all emergency and safety equipment carried on the aircraft to 24 months.]
Textual Amendments
F64Words in Annex 3 point ORO.FC.231(e)(2)(iii) omitted (16.6.2021) by virtue of The Aviation Safety (Amendment) (No. 2) Regulations 2021 (S.I. 2021/614), regs. 1(1), 2(3)
The operator shall ensure that each pilot is exposed to the assessment and training topics.
The assessment and training topics shall be:
derived from safety and operational data that are used to identify the areas for improvement and prioritisation of pilot training to guide in the construction of suitable EBT programmes;
distributed across a 3-year period at a defined frequency;
relevant to the type or variant of aircraft on which the pilot operates.]
an engine failure during take-off;
a one-engine-inoperative approach and go-around; and
a one-engine-inoperative landing.
the flight crew members’ minimum experience level;
the minimum experience level on one type or variant before beginning training for and operation of another type or variant;
the process whereby flight crew qualified on one type or variant will be trained and qualified on another type or variant; and
all applicable recent experience requirements for each type or variant.
SPA.LVO.120 on flight crew training and qualifications;
conversion training and checking;
differences training and familiarisation training;
command course;
recurrent training and checking; and
operation on more than one type or variant.
Operator proficiency check to 12 calendar months. The validity period shall be counted from the end of the month when the check was taken. When the check is undertaken within the last three months of the validity period, the new validity period shall be counted from the original expiry date.
Line check to 24 calendar months. The validity period shall be counted from the end of the month when the check was taken. When the check is undertaken within the last six months of the validity period, the new validity period shall be counted from the original expiry date.
Emergency and safety equipment checking to 24 calendar months. The validity period shall be counted from the end of the month when the check was taken. When the check is undertaken within the last six months of the validity period, the new validity period shall be counted from the original expiry date.
when carrying passengers under VFR outside a radius of 50 NM (90 km) from an aerodrome of departure, he/she has a minimum of 500 hours of flight time on aeroplanes or holds a valid instrument rating;
when operating on a multi-engine type under IFR, he/she has a minimum of 700 hours of flight time on aeroplanes, including 400 hours as pilot-in-command. These hours shall include 100 hours under IFR and 40 hours in multi-engine operations. The 400 hours as pilot-in-command may be substituted by hours operating as co-pilot within an established multi-pilot crew system prescribed in the operations manual, on the basis of two hours of flight time as co-pilot for one hour of flight time as pilot-in command;
when operating on a single-engined aeroplane under IFR, he/she has a minimum of 700 hours of flight time on aeroplanes, including 400 hours as pilot-in-command. Those hours shall include 100 hours under IFR. The 400 hours as pilot-in-command may be substituted by hours operating as co-pilot within an established multi-pilot crew system prescribed in the operations manual, on the basis of two hours of flight time as co-pilot for one hour of flight time as pilot-in command.]
when operating under IFR, he/she has a minimum of 700 hours total flight time on helicopters, including 300 hours as pilot-in-command. These hours shall include 100 hours under IFR. The 300 hours as pilot-in-command may be substituted by hours operating as co-pilot within an established multi-pilot crew system prescribed in the operations manual on the basis of two hours of flight time as co-pilot for one hour flight time as pilot-in command;
when operating under visual meteorological conditions (VMC) at night, he/she has:
a valid instrument rating; or
300 hours of flight time on helicopters, including 100 hours as pilot-in-command and 10 hours as pilot flying at night.
[F60This Subpart establishes the requirements to be met by the operator when operating an aircraft with cabin crew and comprises:
Section 1 specifying common requirements applicable to all operations; and
Section 2 specifying additional requirements only applicable to commercial air transport operations.]
For the operation of aircraft with an MOPSC of more than 19, at least one cabin crew member shall be assigned when carrying one or more passenger(s).
For the purpose of complying with point (a), the minimum number of cabin crew members shall be the greatest number amongst the following:
the number of cabin crew members established during the aircraft certification process in accordance with the applicable certification specifications, for the aircraft cabin configuration used by the operator;
if the number under point (1) has not been established, the number of cabin crew members established during the aircraft certification process for the maximum certified passenger seating configuration reduced by 1 for every whole multiple of 50 passenger seats of the aircraft cabin configuration used by the operator falling below the maximum certified seating capacity;
one cabin crew member for every 50, or fraction of 50, passenger seats installed on the same deck of the aircraft to be operated.
For operations with more than one cabin crew member, the operator shall nominate one cabin crew member accountable to the pilot-in-command or the commander.
By way of derogation from point (a), non-commercial operations with aircraft with an MOPSC of more than 19 may be performed without an operating cabin crew member, subject to the prior approval by the [F65CAA]. To obtain the approval, the operator shall ensure that all of the following conditions are fulfilled:
there are maximum 19 passengers on board;
the operator has developed procedures for that operation.]
Textual Amendments
F65Word in Annex 3 Subpart CC substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 363 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
are at least 18 years of age;
have been assessed, in accordance with the applicable requirements of Annex IV (Part-MED) to Regulation (EU) No 1178/2011, as physically and mentally fit to perform their duties and discharge their responsibilities safely; and
have successfully completed all applicable training and checking required by this Subpart and are competent to perform the assigned duties in accordance with the procedures specified in the operations manual.
the total number of aircraft types and variants operated; and
the applicable flight and duty time limitations and rest requirements.
conducted in a structured and realistic manner; and
performed by personnel appropriately qualified for the subject to be covered.
shall be provided with an initial training course as specified in CC.TRA.220 of that Annex; and
shall successfully undergo the associated examination before undertaking other training required by this Subpart.
first assigned by the operator to operate as a cabin crew member; or
assigned by that operator to operate on another aircraft type.
involve training and practice on a representative training device or on the actual aircraft; and
cover at least the following aircraft type specific training elements:
aircraft description as relevant to cabin crew duties;
all safety equipment and systems installed relevant to cabin crew duties;
operation and actual opening, by each cabin crew member, of each type or variant of normal and emergency doors and exits in the normal and emergency modes;
demonstration of the operation of the other exits including flight crew compartment windows;
fire and smoke protection equipment where installed;
evacuation slide training, where fitted;
operation of the seat, restraint system and oxygen system equipment relevant to pilot incapacitation.
involve training and practice on a representative training device or on the actual aircraft;
include training in the operator’s standard operating procedures for cabin crew members to be first assigned to duties by the operator;
cover at least the following operator specific training elements as relevant to the aircraft type to be operated:
description of the cabin configuration;
location, removal and use of all portable safety and emergency equipment carried on-board;
all normal and emergency procedures;
passenger handling and crowd control;
fire and smoke training including the use of all related fire-fighting and protective equipment representative of that carried on-board;
evacuation procedures;
pilot incapacitation procedures;
applicable security requirements and procedures;
crew resource management.
a variant of an aircraft type currently operated; or
a currently operated aircraft type or variant with different:
safety equipment;
safety and emergency equipment location; or
normal and emergency procedures.
be determined as necessary on the basis of a comparison with the training programme completed by the cabin crew member, in accordance with ORO.CC.125(c) and (d), for the relevant aircraft type; and
involve training and practice in a representative training device or the actual aircraft as relevant to the difference training element to be covered.
After completion of aircraft type specific training and operator conversion training on an aircraft type, each cabin crew member shall complete appropriate supervised familiarisation on the type before being assigned to operate as a member of the minimum number of cabin crew required in accordance with ORO.CC.100.
Recurrent training shall include annually touch-drills by each cabin crew member for simulating the operation of each type or variant of normal and emergency doors and exits for passenger evacuation.
Recurrent training shall also include at intervals not exceeding three years:
operation and actual opening by each cabin crew member, in a representative training device or in the actual aircraft, of each type or variant of normal and emergency exits in the normal and emergency modes;
actual operation by each cabin crew member, in a representative training device or in the actual aircraft, of the flight crew compartment security door, in both normal and emergency modes, and of the seat and restraint system, and a practical demonstration of the oxygen system equipment relevant to pilot incapacitation;
demonstration of the operation of all other exits including the flight crew compartment windows; and
demonstration of the use of the life-raft, or slide raft, where fitted.
Recurrent training shall include annually:
by each cabin crew member:
location and handling of all safety and emergency equipment installed or carried on board; and
the donning of life-jackets, portable oxygen and protective breathing equipment (PBE);
stowage of articles in the passenger compartment;
procedures related to aircraft surface contamination;
emergency procedures;
evacuation procedures;
incident and accident review;
crew resource management;
aero-medical aspects and first aid including related equipment;
security procedures.
Recurrent training shall also include at intervals not exceeding three years:
use of pyrotechnics (actual or representative devices);
practical demonstration of the use of flight crew checklists;
realistic and practical training in the use of all fire-fighting equipment, including protective clothing, representative of that carried in the aircraft;
by each cabin crew member:
extinguishing a fire characteristic of an aircraft interior fire;
donning and use of PBE in an enclosed simulated smoke-filled environment.
The annual recurrent training validity period shall be 12 calendar months counted from the end of the month when the check was taken.
If the recurrent training and checking required in (a) are undertaken within the last three calendar months of the validity period, the new validity period shall be counted from the original expiry date.
For the additional triennial training elements specified in (c)(2) and (d)(2), the validity period shall be 36 calendar months counted from the end of the month when the checks were taken.
has not performed any flying duties, he/she shall, before being reassigned to such duties, complete refresher training and checking for each aircraft type to be operated; or
has not performed flying duties on one particular aircraft type, he/she shall, before being reassigned to duties, complete on that aircraft type:
refresher training and checking; or
two familiarisation flights in accordance with ORO.CC.135.
emergency procedures;
evacuation procedures;
operation and actual opening, by each cabin crew member, of each type or variant of normal and emergency exits and of the flight crew compartment security door in the normal and emergency modes;
demonstration of the operation of all other exits including the flight crew compartment windows;
location and handling of all relevant safety and emergency equipment installed or carried on-board.
have at least one year of experience as operating cabin crew member; and
have successfully completed a senior cabin crew training course and the associated check.
pre-flight briefing;
cooperation with the crew;
review of operator requirements and legal requirements;
accident and incident reporting;
human factors and crew resource management (CRM); and
flight and duty time limitations and rest requirements.
Whenever passengers are on board an aircraft, the minimum number of cabin crew members required in accordance with point ORO.CC.100 shall be present in the aircraft and ready to act.
By way of derogation from point (a), the minimum number of cabin crew members may be reduced in either of the following cases:
during normal ground operations not involving refuelling or defuelling when the aircraft is at its parking station;
in unforeseen circumstances if the number of passengers carried on the flight is reduced. In this case, a report shall be submitted to the [F65CAA] after completion of the flight;
for the purpose of providing in-flight rest during the cruise phase, either in accordance with point ORO.FTL.205(e) or as a fatigue mitigation implemented by the operator.
For the purposes of points (b)(1) and (b)(2), the operator's procedures of the operations manual shall ensure that:
an equivalent level of safety is achieved with the reduced number of cabin crew members, in particular for evacuation of passengers;
despite the reduced number of cabin crew members a senior cabin crew member is present in accordance with point ORO.CC.200;
at least one cabin crew member is required for every 50, or fraction of 50, passengers present on the same deck of the aircraft;
in the case of normal ground operations with aircraft requiring more than one cabin crew member, the number determined in accordance with point (3) shall be increased by one cabin crew member per each pair of floor level emergency exits.
For the purposes of point (b)(3), the operator shall:
conduct a risk assessment to determine the number of cabin crew members who are to be present and ready to act at all times during cruise;
identify measures to mitigate the effects of having a lower number of cabin crew members being present and ready to act during cruise;
establish in the operations manual specific procedures, including for the in-flight rest of the senior cabin crew member, that ensure at all times appropriate passenger handling and efficient management of any abnormal or emergency situations;
specify, in the flight time specification scheme in accordance with point ORO.FTL.125, the conditions under which in-flight rest may be provided to the cabin crew members.]
Cabin crew members shall only be assigned to duties, and operate, on a particular aircraft type or variant if they:
hold a valid attestation issued in accordance with Annex V (Part-CC) to [F1Regulation (EU) No 1178/2011];
are qualified on the type or variant in accordance with this Subpart;
comply with the other applicable requirements of this Subpart and Annex IV (Part-CAT);
wear the operator’s cabin crew uniform.
update the cabin crew member’s training records in accordance with ORO.MLR.115; and
provide him/her with a list showing updated validity periods as relevant to the aircraft type(s) and variant(s) on which the cabin crew member is qualified to operate.
safety and emergency equipment and type-specific normal and emergency procedures are similar; and
non-type-specific normal and emergency procedures are identical.
[F25each aircraft as a type or a variant taking into account, where available, the relevant elements defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012 for the relevant aircraft type or variant; and]
variants of an aircraft type to be different types if they are not similar in the following aspects:
emergency exit operation;
location and type of portable safety and emergency equipment;
type-specific emergency procedures.
completed training as required in (c) in addition to other applicable training and checking required by this Subpart;
successfully passed the checks verifying their proficiency in discharging their duties and responsibilities in accordance with the procedures specified in the operations manual; and
undertaken familiarisation flying of at least 20 hours and 15 sectors on the relevant aircraft type under the supervision of an appropriately experienced cabin crew member.
responsibility to the commander for the conduct of normal and emergency procedures;
importance of coordination and communication with the flight crew, in particular when managing unruly or disruptive passengers;
review of operator requirements and legal requirements;
documentation;
accident and incident reporting; and
flight and duty time limitations and rest requirements.
This Subpart establishes the requirements to be met by the operator when operating an aircraft with technical crew members in commercial air transport helicopter emergency medical service (HEMS), night vision imaging system (NVIS) operations or helicopter hoist operations (HHO).
are at least 18 years of age;
are physically and mentally fit to safely discharge assigned duties and responsibilities;
have completed all applicable training required by this Subpart to perform the assigned duties;
have been checked as proficient to perform all assigned duties in accordance with the procedures specified in the operations manual.
the total number of aircraft types and variants operated;
the applicable flight and duty time limitations and rest requirements.
Textual Amendments
F66Word in Annex 3 Subpart TC substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 363 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Before undertaking the operator conversion training, each technical crew member shall complete initial training, including:
general theoretical knowledge on aviation and aviation regulations covering all elements relevant to the duties and responsibilities required of technical crew;
fire and smoke training;
survival training on ground and in water, appropriate to the type and area of operation;
aero-medical aspects and first-aid;
communication and relevant CRM elements of ORO.FC.115 and ORO.FC.215.
Each technical crew member shall complete:
operator conversion training, including relevant CRM elements,
before being first assigned by the operator as a technical crew member; or
when changing to a different aircraft type or class, if any of the equipment or procedures mentioned in (b) are different.
Operator conversion training shall include:
the location and use of all safety and survival equipment carried on the aircraft;
all normal and emergency procedures;
on-board equipment used to carry out duties in the aircraft or on the ground for the purpose of assisting the pilot during HEMS, HHO or NVIS operations.
Following completion of the operator conversion training, each technical crew member shall undertake familiarisation flights prior to operating as a required technical crew member in HEMS, HHO or NVIS operations.
refresher training on the type or class; or
two familiarisation sectors on the aircraft type or class.
This Subpart establishes the requirements to be met by an operator and its crew members with regard to flight and duty time limitations and rest requirements for crew members.
For the purpose of this Subpart, the following definitions shall apply:
‘ acclimatised ’ means a state in which a crew member’s circadian biological clock is synchronised to the time zone where the crew member is. A crew member is considered to be acclimatised to a 2-hour wide time zone surrounding the local time at the point of departure. When the local time at the place where a duty commences differs by more than 2 hours from the local time at the place where the next duty starts, the crew member, for the calculation of the maximum daily flight duty period, is considered to be acclimatised in accordance with the values in the Table 1.
Table 1 | |||||
Time difference (h) between reference time and local time where the crew member starts the next duty | Time elapsed since reporting at reference time | ||||
---|---|---|---|---|---|
< 48 | 48–71:59 | 72–95:59 | 96–119:59 | ≥ 120 | |
< 4 | B | D | D | D | D |
≤ 6 | B | X | D | D | D |
≤ 9 | B | X | X | D | D |
≤ 12 | B | X | X | X | D |
means acclimatised to the local time of the departure time zone,
means acclimatised to the local time where the crew member starts his/her next duty, and
means that a crew member is in an unknown state of acclimatisation;
‘ reference time ’ means the local time at the reporting point situated in a 2-hour wide time zone band around the local time where a crew member is acclimatised;
‘ accommodation ’ means, for the purpose of standby and split duty, a quiet and comfortable place not open to the public with the ability to control light and temperature, equipped with adequate furniture that provides a crew member with the possibility to sleep, with enough capacity to accommodate all crew members present at the same time and with access to food and drink;
‘ suitable accommodation ’ means, for the purpose of standby, split duty and rest, a separate room for each crew member located in a quiet environment and equipped with a bed, which is sufficiently ventilated, has a device for regulating temperature and light intensity, and access to food and drink;
‘ augmented flight crew ’ means a flight crew which comprises more than the minimum number required to operate the aircraft, allowing each flight crew member to leave the assigned post, for the purpose of in-flight rest, and to be replaced by another appropriately qualified flight crew member;
‘ break ’ means a period of time within a flight duty period, shorter than a rest period, counting as duty and during which a crew member is free of all tasks;
‘ delayed reporting ’ means the postponement of a scheduled FDP by the operator before a crew member has left the place of rest;
‘ disruptive schedule ’ means a crew member’s roster which disrupts the sleep opportunity during the optimal sleep time window by comprising an FDP or a combination of FDPs which encroach, start or finish during any portion of the day or of the night where a crew member is acclimatised. A schedule may be disruptive due to early starts, late finishes or night duties.
‘ early type ’ of disruptive schedule means:
for ‘ early start ’ a duty period starting in the period between 05:00 and 05:59 in the time zone to which a crew member is acclimatised; and
for ‘ late finish ’ a duty period finishing in the period between 23:00 and 01:59 in the time zone to which a crew member is acclimatised;
‘ late type ’ of disruptive schedule means:
for ‘ early start ’ a duty period starting in the period between 05:00 and 06:59 in the time zone to which a crew member is acclimatised; and
for ‘ late finish ’ a duty period finishing in the period between 00:00 and 01:59 in the time zone to which a crew member is acclimatised;
‘ night duty ’ means a duty period encroaching any portion of the period between 02:00 and 04:59 in the time zone to which the crew is acclimatised;
‘ duty ’ means any task that a crew member performs for the operator, including flight duty, administrative work, giving or receiving training and checking, positioning, and some elements of standby;
‘ duty period ’ means a period which starts when a crew member is required by an operator to report for or to commence a duty and ends when that person is free of all duties, including post-flight duty;
‘ flight duty period ( “ FDP ” ) ’ means a period that commences when a crew member is required to report for duty, which includes a sector or a series of sectors, and finishes when the aircraft finally comes to rest and the engines are shut down, at the end of the last sector on which the crew member acts as an operating crew member;
[F9‘ flight time ’ means, for aeroplanes, the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and all engines or propellers are shut down;]
‘ home base ’ means the location, assigned by the operator to the crew member, from where the crew member normally starts and ends a duty period or a series of duty periods and where, under normal circumstances, the operator is not responsible for the accommodation of the crew member concerned;
‘ local day ’ means a 24-hour period commencing at 00:00 local time;
‘ local night ’ means a period of 8 hours falling between 22:00 and 08:00 local time;
‘ operating crew member ’ means a crew member carrying out duties in an aircraft during a sector;
‘ positioning ’ means the transferring of a non-operating crew member from one place to another, at the behest of the operator, excluding:
the time of travel from a private place of rest to the designated reporting place at home base and vice versa, and
the time for local transfer from a place of rest to the commencement of duty and vice versa;
‘ rest facility ’ means a bunk or seat with leg and foot support suitable for crew members’ sleeping on board an aircraft;
‘ reserve ’ means a period of time during which a crew member is required by the operator to be available to receive an assignment for an FDP, positioning or other duty notified at least 10 hours in advance;
‘ rest period ’ means a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which a crew member is free of all duties, standby and reserve;
‘ rotation ’ is a duty or a series of duties, including at least one flight duty, and rest periods out of home base, starting at home base and ending when returning to home base for a rest period where the operator is no longer responsible for the accommodation of the crew member;
‘single day free of duty’ means, for the purpose of complying with the provisions of Council Directive 2000/79/EC (7) , a time free of all duties and standby consisting of one day and two local nights, which is notified in advance. A rest period may be included as part of the single day free of duty;
‘ sector ’ means the segment of an FDP between an aircraft first moving for the purpose of taking off until it comes to rest after landing on the designated parking position;
‘ standby ’ means a pre-notified and defined period of time during which a crew member is required by the operator to be available to receive an assignment for a flight, positioning or other duty without an intervening rest period;
‘ airport standby ’ means a standby performed at the airport;
‘ other standby ’ means a standby either at home or in a suitable accommodation;
‘ window of circadian low ( “ WOCL ” ) ’ means the period between 02:00 and 05:59 hours in the time zone to which a crew member is acclimatised.
An operator shall:
publish duty rosters sufficiently in advance to provide the opportunity for crew members to plan adequate rest;
ensure that flight duty periods are planned in a way that enables crew members to remain sufficiently free from fatigue so that they can operate to a satisfactory level of safety under all circumstances;
specify reporting times that allow sufficient time for ground duties;
take into account the relationship between the frequency and pattern of flight duty periods and rest periods and give consideration to the cumulative effects of undertaking long duty hours combined with minimum rest periods;
allocate duty patterns which avoid practices that cause a serious disruption of an established sleep/work pattern, such as alternating day/night duties;
comply with the provisions concerning disruptive schedules in accordance with ARO.OPS.230;
provide rest periods of sufficient time to enable crew members to overcome the effects of the previous duties and to be rested by the start of the following flight duty period;
plan recurrent extended recovery rest periods and notify crew members sufficiently in advance;
plan flight duties in order to be completed within the allowable flight duty period taking into account the time necessary for pre-flight duties, the sector and turnaround times;
change a schedule and/or crew arrangements if the actual operation exceeds the maximum flight duty period on more than 33 % of the flight duties in that schedule during a scheduled seasonal period.
Crew members shall:
comply with point CAT.GEN.MPA.100(b) of Annex IV (Part-CAT); and
make optimum use of the opportunities and facilities for rest provided and plan and use their rest periods properly.
a description of the philosophy and principles of the operator with regard to FRM, referred to as the FRM policy;
documentation of the FRM processes, including a process for making personnel aware of their responsibilities and the procedure for amending this documentation;
scientific principles and knowledge;
a hazard identification and risk assessment process that allows managing the operational risk(s) of the operator arising from crew member fatigue on a continuous basis;
a risk mitigation process that provides for remedial actions to be implemented promptly, which are necessary to effectively mitigate the operator’s risk(s) arising from crew member fatigue and for continuous monitoring and regular assessment of the mitigation of fatigue risks achieved by such actions;
FRM safety assurance processes;
FRM promotion processes.
Textual Amendments
F68Word in Annex 3 point ORO.FTL.125(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 364(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F69Word in Annex 3 point ORO.FTL.125(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 364(2)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F70Word in Annex 3 point ORO.FTL.125(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 364(2)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F71Word in Annex 3 point ORO.FTL.125(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 364(2)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
An operator shall assign a home base to each crew member.
define reporting times appropriate to each individual operation taking into account ORO.FTL.110(c);
establish procedures specifying how the commander shall, in case of special circumstances which could lead to severe fatigue, and after consultation with the crew members concerned, reduce the actual FDP and/or increase the rest period in order to eliminate any detrimental effect on flight safety.
The maximum daily FDP without the use of extensions for acclimatised crew members shall be in accordance with the following table:
Table 2 | |||||||||
Maximum daily FDP — Acclimatised crew members | |||||||||
Start of FDP at reference time | 1–2 Sectors | 3 Sectors | 4 Sectors | 5 Sectors | 6 Sectors | 7 Sectors | 8 Sectors | 9 Sectors | 10 Sectors |
---|---|---|---|---|---|---|---|---|---|
0600–1329 | 13:00 | 12:30 | 12:00 | 11:30 | 11:00 | 10:30 | 10:00 | 09:30 | 09:00 |
1330–1359 | 12:45 | 12:15 | 11:45 | 11:15 | 10:45 | 10:15 | 09:45 | 09:15 | 09:00 |
1400–1429 | 12:30 | 12:00 | 11:30 | 11:00 | 10:30 | 10:00 | 09:30 | 09:00 | 09:00 |
1430–1459 | 12:15 | 11:45 | 11:15 | 10:45 | 10:15 | 09:45 | 09:15 | 09:00 | 09:00 |
1500–1529 | 12:00 | 11:30 | 11:00 | 10:30 | 10:00 | 09:30 | 09:00 | 09:00 | 09:00 |
1530–1559 | 11:45 | 11:15 | 10:45 | 10:15 | 09:45 | 09:15 | 09:00 | 09:00 | 09:00 |
1600–1629 | 11:30 | 11:00 | 10:30 | 10:00 | 09:30 | 09:00 | 09:00 | 09:00 | 09:00 |
1630–1659 | 11:15 | 10:45 | 10:15 | 09:45 | 09:15 | 09:00 | 09:00 | 09:00 | 09:00 |
1700–0459 | 11:00 | 10:30 | 10:00 | 09:30 | 09:00 | 09:00 | 09:00 | 09:00 | 09:00 |
0500–0514 | 12:00 | 11:30 | 11:00 | 10:30 | 10:00 | 09:30 | 09:00 | 09:00 | 09:00 |
0515–0529 | 12:15 | 11:45 | 11:15 | 10:45 | 10:15 | 09:45 | 09:15 | 09:00 | 09:00 |
0530–0544 | 12:30 | 12:00 | 11:30 | 11:00 | 10:30 | 10:00 | 09:30 | 09:00 | 09:00 |
0545–0559 | 12:45 | 12:15 | 11:45 | 11:15 | 10:45 | 10:15 | 09:45 | 09:15 | 09:00 |
The maximum daily FDP when crew members are in an unknown state of acclimatisation shall be in accordance with the following table:
Table 3 | ||||||
Crew members in an unknown state of acclimatisation | ||||||
Maximum daily FDP according to sectors | ||||||
---|---|---|---|---|---|---|
1–2 | 3 | 4 | 5 | 6 | 7 | 8 |
11:00 | 10:30 | 10:00 | 09:30 | 09:00 | 09:00 | 09:00 |
The maximum daily FDP when crew members are in an unknown state of acclimatisation and the operator has implemented a FRM, shall be in accordance with the following table:
Table 4 | ||||||
Crew members in an unknown state of acclimatisation under FRM | ||||||
The values in the following table may apply provided the operator’s FRM continuously monitors that the required safety performance is maintained. | ||||||
Maximum daily FDP according to sectors | ||||||
---|---|---|---|---|---|---|
1–2 | 3 | 4 | 5 | 6 | 7 | 8 |
12:00 | 11:30 | 11:00 | 10:30 | 10:00 | 09:30 | 09:00 |
Whenever cabin crew requires more time than the flight crew for their pre-flight briefing for the same sector or series of sectors, the FDP of the cabin crew may be extended by the difference in reporting time between the cabin crew and the flight crew. The difference shall not exceed 1 hour. The maximum daily FDP for cabin crew shall be based on the time at which the flight crew report for their FDP, but the FDP shall start at the reporting time of the cabin crew.
The maximum daily FDP may be extended by up to 1 hour not more than twice in any 7 consecutive days. In that case:
the minimum pre-flight and post-flight rest periods shall be increased by 2 hours; or
the post-flight rest period shall be increased by 4 hours.
When extensions are used for consecutive FDPs, the additional pre- and post-flight rest between the two extended FDPs required under subparagraph 1 shall be provided consecutively.
The use of the extension shall be planned in advance, and shall be limited to a maximum of:
5 sectors when the WOCL is not encroached; or
4 sectors, when the WOCL is encroached by 2 hours or less; or
2 sectors, when the WOCL is encroached by more than 2 hours.
Extension of the maximum basic daily FDP without in-flight rest shall not be combined with extensions due to in-flight rest or split duty in the same duty period.
Flight time specification schemes shall specify the limits for extensions of the maximum basic daily FDP in accordance with the certification specifications applicable to the type of operation, taking into account:
the number of sectors flown; and
WOCL encroachment.
Flight time specification schemes shall specify the conditions for extensions of the maximum basic daily FDP with in-flight rest in accordance with the certification specifications applicable to the type of operation, taking into account:
the number of sectors flown;
the minimum in-flight rest allocated to each crew member;
the type of in-flight rest facilities; and
the augmentation of the basic flight crew.
The conditions to modify the limits on flight duty, duty and rest periods by the commander in the case of unforeseen circumstances in flight operations, which start at or after the reporting time, shall comply with the following:
the maximum daily FDP which results after applying points (b) and (e) of point ORO.FTL.205 or point ORO.FTL.220 may not be increased by more than 2 hours unless the flight crew has been augmented, in which case the maximum flight duty period may be increased by not more than 3 hours;
if on the final sector within an FDP the allowed increase is exceeded because of unforeseen circumstances after take-off, the flight may continue to the planned destination or alternate aerodrome; and
the rest period following the FDP may be reduced but can never be less than 10 hours.
In case of unforeseen circumstances which could lead to severe fatigue, the commander shall reduce the actual flight duty period and/or increase the rest period in order to eliminate any detrimental effect on flight safety.
The commander shall consult all crew members on their alertness levels before deciding the modifications under subparagraphs 1 and 2.
The commander shall submit a report to the operator when an FDP is increased or a rest period is reduced at his or her discretion.
Where the increase of an FDP or reduction of a rest period exceeds 1 hour, a copy of the report, to which the operator shall add its comments, shall be sent by the operator to the [F72CAA] not later than 28 days after the event.
The operator shall implement a non-punitive process for the use of the discretion described under this provision and shall describe it in the operations manual.
Textual Amendments
F72Word in Annex 3 point ORO.FTL.205(f)(5) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 364(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The operator shall establish procedures, in the operations manual, for delayed reporting in the event of unforeseen circumstances, in accordance with the certification specifications applicable to the type of operation.
60 duty hours in any 7 consecutive days;
110 duty hours in any 14 consecutive days; and
190 duty hours in any 28 consecutive days, spread as evenly as practicable throughout that period.
100 hours of flight time in any 28 consecutive days;
900 hours of flight time in any calendar year; and
1 000 hours of flight time in any 12 consecutive calendar months.
If an operator positions a crew member, the following shall apply:
positioning after reporting but prior to operating shall be counted as FDP but shall not count as a sector;
all time spent on positioning shall count as duty period.
The conditions for extending the basic maximum daily FDP due to a break on the ground shall be in accordance with the following:
flight time specification schemes shall specify the following elements for split duty in accordance with the certification specifications applicable to the type of operation:
the minimum duration of a break on the ground; and
the possibility to extend the FDP prescribed under point ORO.FTL.205(b) taking into account the duration of the break on the ground, the facilities provided to the crew member to rest and other relevant factors;
the break on the ground shall count in full as FDP;
split duty shall not follow a reduced rest.
If an operator assigns crew members to standby or to any duty at the airport, the following shall apply in accordance with the certification specifications applicable to the type of operation:
standby and any duty at the airport shall be in the roster and the start and end time of standby shall be defined and notified in advance to the crew members concerned to provide them with the opportunity to plan adequate rest;
a crew member is considered on airport standby from reporting at the reporting point until the end of the notified airport standby period;
airport standby shall count in full as duty period for the purpose of points ORO.FTL.210 and ORO.FTL.235;
any duty at the airport shall count in full as duty period and the FDP shall count in full from the airport duty reporting time;
the operator shall provide accommodation to the crew member on airport standby;
flight time specification schemes shall specify the following elements:
the maximum duration of any standby;
the impact of the time spent on standby on the maximum FDP that may be assigned, taking into account facilities provided to the crew member to rest, and other relevant factors such as:
the need for immediate readiness of the crew member,
the interference of standby with sleep, and
sufficient notification to protect a sleep opportunity between the call for duty and the assigned FDP;
the minimum rest period following standby which does not lead to assignment of an FDP;
how time spent on standby other than airport standby shall be counted for the purpose of cumulative duty periods.
If an operator assigns crew members to reserve, the following requirements shall apply in accordance with the certification specifications applicable to the type of operation:
reserve shall be in the roster;
flight time specification schemes shall specify the following elements:
the maximum duration of any single reserve period;
the number of consecutive reserve days that may be assigned to a crew member.
The minimum rest period provided before undertaking an FDP starting at home base shall be at least as long as the preceding duty period, or 12 hours, whichever is greater.
By way of derogation from point (1), the minimum rest provided under point (b) applies if the operator provides suitable accommodation to the crew member at home base.
The minimum rest period provided before undertaking an FDP starting away from home base shall be at least as long as the preceding duty period, or 10 hours, whichever is greater. This period shall include an 8-hour sleep opportunity in addition to the time for travelling and physiological needs.
By derogation from points (a) and (b), flight time specification schemes may reduce the minimum rest periods in accordance with the certification specifications applicable to the type of operation and taking into account the following elements:
the minimum reduced rest period;
the increase of the subsequent rest period; and
the reduction of the FDP following the reduced rest.
Flight time specification schemes shall specify recurrent extended recovery rest periods to compensate for cumulative fatigue. The minimum recurrent extended recovery rest period shall be 36 hours, including 2 local nights, and in any case the time between the end of one recurrent extended recovery rest period and the start of the next extended recovery rest period shall not be more than 168 hours. The recurrent extended recovery rest period shall be increased to 2 local days twice every month.
the effects of time zone differences and extensions of the FDP;
additional cumulative fatigue due to disruptive schedules; and
a change of home base.
individual records for each crew member including:
flight times;
start, duration and end of each duty period and FDP;
rest periods and days free of all duties; and
assigned home base;
reports on extended flight duty periods and reduced rest periods.
the crew member concerned; and
to another operator, in relation to a crew member who is or becomes a crew member of the operator concerned.
Textual Amendments
a If there is not enough space to list the information in the space of the declaration, the information shall be listed in a separate annex. The annex shall be dated and signed. | |||||
b If the aircraft is also registered with an AOC holder, specify the AOC number of the AOC holder. | |||||
c ‘ Type(s) of operation ’ refers to the type of operations conducted with this aircraft, e.g. non-commercial operations or specialised operations such as aerial photography flights, aerial advertising flights, news media flights, television and movie flights, parachute operations, skydiving, maintenance check flights. | |||||
d Information about the organisation responsible for the continuing airworthiness management includes the name of the organisation, the address and the approval reference. ] | |||||
DECLARATION in accordance with Commission Regulation (EU) No 965/2012 on air operations | |||||
Operator Name: Place in which the operator has its principal place of business or, if the operator has no principal place of business, place in which the operator is established or residing and place from which the operations are directed: Name and contact details of the accountable manager: | |||||
Aircraft operation | |||||
Starting date of operation or applicability date of the change: | |||||
Information on aircraft, operation and continuing airworthiness management organisation a : | |||||
Aircraft MSN | Aircraft type | Aircraft registration b | Main base | Type(s) of operation c | Organisation responsible for the continuing airworthiness management d |
Where applicable, details of approvals held (attach list of specific approvals, including specific approvals granted by a third-country, to the declaration, if applicable). | |||||
Where applicable, details of specialised operations authorisation held (attach authorisations, if applicable). | |||||
Where applicable, list of alternative means of compliance with references to the associated AMCs they replace (attach AltMoC). | |||||
Statements | |||||
□The operator complies, and will continue to comply, with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 of the European Parliament and of the Council and with the requirements of Regulation (EU) No 965/2012. □The management system documentation, including the operations manual, comply with the requirements of Annex III (Part-ORO), Annex V (Part-SPA), Annex VI (Part-NCC), or Annex VIII (Part-SPO) to Regulation (EU) No 965/2012 and all flights will be carried out in accordance with the provisions of the operations manual as required by point ORO.GEN.110(b) of Annex III to that Regulation. | |||||
□All aircraft operated hold a valid certificate of airworthiness in accordance with Commission Regulation (EU) No 748/2012 or meet the specific airworthiness requirements applicable to aircraft registered in a third country and subject to a lease agreement. | |||||
□All flight crew members hold a licence in accordance with Annex I to Commission Regulation (EU) No 1178/2011 as required by point ORO.FC.100(c) of Annex III to Regulation (EU) No 965/2012 and cabin crew members, where applicable, are trained in accordance with Subpart CC of Annex III to Regulation (EU) No 965/2012. | |||||
□(If applicable) The operator has implemented and demonstrated conformity to a recognised industry standard. Reference of the standard: Certification body: Date of the last conformity audit: | |||||
□The operator will notify to the [F73CAA] any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Regulation (EU) No 965/2012 as declared to the [F73CAA] through this declaration and any changes to the information and lists of AltMoC included in and annexed to this declaration, as required by point ORO.GEN.120(a) of Annex III to Regulation (EU) No 965/2012. | |||||
□The operator confirms that the information disclosed in this declaration is correct. | |||||
Date, name and signature of the accountable manager |
[F6Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC ( OJ L 295, 12.11.2010, p. 35 ).]
[F27Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council ( OJ L 163, 30.6.2015, p. 1 ).]
[F1 [F31Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 ( OJ L 106, 24.4.2015, p. 18 ).] ]
[F3 [F6Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks ( OJ L 362, 17.12.2014, p. 1 ).] ]
Textual Amendments
F1Substituted by Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 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.
F3Inserted by Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 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.
F6Substituted 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).
F27Inserted 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).