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Commission Regulation (EU) No 965/2012 of 5 October 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
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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;
[F2SECTION 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 [F3CAA], 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
F2Substituted by Commission Implementing Regulation (EU) 2018/1975 of 14 December 2018 amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags.
F3Word 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)
Textual Amendments
Textual Amendments
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).
the total number of aircraft types or variants operated; and
the applicable flight and duty time limitations and rest requirements.
Textual Amendments
F5Substituted 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).
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.
Textual Amendments
performance class B aeroplanes involved in commercial air transport operations under VFR by day; and
Textual Amendments
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.
Textual Amendments
F8Substituted 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).
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 [F3CAA].
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 [F3CAA].
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 F11... and the [F3CAA];
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 [F3CAA], 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 [F3CAA] 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
F11Words 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.]
Textual Amendments
F12Substituted 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.
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.
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