Commission Regulation (EU) No 965/2012Show full title

[F1 SECTION 2 U.K. Non motor-powered aircraft

CAT.GEN.NMPA.100 Responsibilities of the commander U.K.

(a) The commander shall: U.K.

(1)

be responsible for the safety of all crew members and passengers on board, as soon as the commander arrives on board of the aircraft, until the commander leaves the aircraft at the end of the flight;

(2)

be responsible for the operation and safety of the aircraft:

(i)

for balloons, from the moment the inflating of the envelope is started until the envelope is deflated, unless the commander has delegated the responsibility to another qualified person during the filling phase until the commander arrives as specified in the operations manual (OM);

(ii)

for sailplanes, from the moment the launch procedure is started until the sailplane comes to a rest at the end of the flight;

(3)

have authority to give all commands and take any appropriate actions for the purpose of securing the safety of the aircraft and of persons and/or property carried therein in accordance with 7.c of Annex IV to Regulation (EC) No 216/2008;

(4)

have authority not to embark and to disembark any person that may represent a potential hazard to the safety of the aircraft or its occupants;

(5)

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

(6)

ensure that all passengers have received a safety briefing;

(7)

ensure that all operational procedures and checklists are complied with in accordance with the operations manual;

(8)

ensure that the pre-flight inspection has been carried out in accordance with the requirements of Annex I (Part-M) to Regulation (EC) No 2042/2003;

(9)

be satisfied that relevant emergency equipment remains easily accessible for immediate use;

(10)

comply with the relevant requirements of the operator’s occurrence reporting schemes;

(11)

comply with all flight and duty time limitations (FTL) and rest requirements applicable to his/her activities;

(12)

when undertaking duties for more than one operator:

(i)

maintain his/her individual records regarding flight and duty times and rest periods as referred to in applicable FTL requirements; and

(ii)

provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.

(b) The commander shall not perform duties on an aircraft: U.K.

(1)

when under the influence of psychoactive substances or alcohol or when unfit due to injury, fatigue, medication, sickness or other similar causes;

(2)

until a reasonable time period has elapsed after deep water diving or following blood donation;

(3)

if applicable medical requirements are not fulfilled;

(4)

if he/she is in any doubt of being able to accomplish his/her assigned duties; or

(5)

if he/she knows or suspects that he/she is suffering from fatigue as referred to in 7.f of Annex IV to Regulation (EC) No 216/2008 or feels otherwise unfit, to the extent that the flight may be endangered.

(c) The commander shall, in an emergency situation that requires immediate decision and action, take any action the commander considers necessary under the circumstances in accordance with 7.d of Annex IV to Regulation (EC) No 216/2008. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety. U.K.

(d) The commander of a balloon shall: U.K.

(1)

be responsible for the pre-flight briefing of those persons assisting in the inflation and deflation of the envelope;

(2)

ensure that no person is smoking on board or within the direct vicinity of the balloon; and

(3)

ensure that persons assisting in the inflation and deflation of the envelope wear appropriate protective clothing.

CAT.GEN.NMPA.105 Additional balloon crew member U.K.

(a) When a balloon carries more than 19 passengers, at least one additional crew member appropriately experienced and trained shall be present on board to assist passengers in the event of an emergency. U.K.

(b) The additional crew member shall not perform duties on a balloon: U.K.

(1)

when under the influence of psychoactive substances or alcohol;

(2)

when unfit due to injury, fatigue, medication, sickness or other similar causes; or

(3)

until a reasonable time period has elapsed after deep water diving or following blood donation.

CAT.GEN.NMPA.110 Authority of the commander U.K.

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

CAT.GEN.NMPA.115 Common language U.K.

The operator shall ensure that all crew members can communicate with each other in a common language.

CAT.GEN.NMPA.120 Portable electronic devices U.K.

The operator shall not permit any person to use a portable electronic device (PED) on board an aircraft that could adversely affect the performance of the aircraft’s systems and equipment and shall take all reasonable measures to prevent such use.

CAT.GEN.NMPA.125 Information on emergency and survival equipment carried U.K.

The operator shall at all times have available for immediate communication to rescue coordination centres (RCCs) lists containing information on the emergency and survival equipment carried on board any of their aircraft.

CAT.GEN.NMPA.130 Alcohol and drugs U.K.

The operator shall take all reasonable measures to ensure that no person enters or is in an aircraft when under the influence of alcohol or drugs to the extent that the safety of the aircraft or its occupants is likely to be endangered.

CAT.GEN.NMPA.135 Endangering safety U.K.

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

(a)

endanger an aircraft or person therein or on the ground; or

(b)

cause or permit an aircraft to endanger any person or property.

CAT.GEN.NMPA.140 Documents, manuals and information to be carried U.K.

(a) The following documents, manuals and information shall be carried on each flight, as originals or copies unless otherwise specified: U.K.

(1)

the aircraft flight manual (AFM), or equivalent document(s);

(2)

the original certificate of registration;

(3)

the original certificate of airworthiness (CofA);

(4)

the noise certificate, if applicable;

(5)

a copy of the air operator certificate (AOC);

(6)

the operations specifications relevant to the aircraft type, issued with the AOC, if applicable;

(7)

the aircraft radio licence, if applicable;

(8)

the third party liability insurance certificate(s);

(9)

the journey log, or equivalent, for the aircraft;

(10)

the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EC) No 2042/2003, if applicable;

(11)

the MEL or CDL, if applicable;

(12)

details of the filed air traffic service (ATS) flight plan, if applicable;

(13)

current and suitable aeronautical charts for the route of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;

(14)

procedures and visual signals information for use by intercepting and intercepted aircraft;

(15)

information concerning search and rescue services for the area of the intended flight;

(16)

appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;

(17)

appropriate meteorological information;

(18)

passenger manifests, if applicable;

(19)

for sailplanes, mass and balance documentation and for balloons, mass documentation;

(20)

the operational flight plan, if applicable; and

(21)

any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.

(b) Notwithstanding (a), the documents, manuals and information specified there may be carried in the retrieve vehicle or retained at the aerodrome or operating site on flights intending to: U.K.

(1)

take off and land at the same aerodrome or operating site; or

(2)

remain within a local area specified in the operations manual.

CAT.GEN.NMPA.145 Provision of documentation and records U.K.

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

CAT.GEN.NMPA.150 Transport of dangerous goods U.K.

(a) The transport of dangerous goods shall not be permitted, except when: U.K.

(1)

they are not subject to the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Doc 9284-AN/905) in accordance with Part 1 of those Instructions; or

(2)

they are carried by passengers or crew members, or are in baggage, in accordance with Part 8 of the Technical Instructions.

(b) The operator shall establish procedures to ensure that all reasonable measures are taken to prevent dangerous goods from being carried on board inadvertently. U.K.

(c) The operator shall provide personnel with the necessary information enabling them to carry out their responsibilities.] U.K.

Textual Amendments

F1 Inserted 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.