- Latest available (Revised)
- Point in Time (23/12/2022)
- Original (As adopted by EU)
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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Point in time view as at 23/12/2022.
There are currently no known outstanding effects for the Commission Regulation (EU) No 965/2012, ANNEX V.
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F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4For] the non-commercial operator using aircraft registered in a third country, the applicable requirements under this Annex for the approval of the following operations shall not apply if those approvals are issued by a third-country State of Registry:
performance-based navigation (PBN);
minimum operational performance specifications (MNPS);
reduced vertical separation minima (RVSM) airspace;
low visibility operations (LVO).]
Textual Amendments
F3Annex 5 point SPA.GEN.100(a) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(2)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Annex 5 point SPA.GEN.100(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 67
Textual Amendments
F1Substituted 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).
F2Words in Annex 5 point SPA.GEN.100 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(2)(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 name, address and mailing address of the applicant;
a description of the intended operation.
Textual Amendments
F5Word in Annex 5 point SPA.GEN.105 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
compliance with the requirements of the applicable Subpart;
[F6that the relevant elements defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012 are taken into account.]
Textual Amendments
F6Substituted 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).
[F7The scope of the activity that an operator is approved to conduct shall be documented and specified:
Textual Amendments
F7Substituted 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).
for operators holding an air operator certificate (AOC) in the operations specifications to the AOC;
for all other operators in the list of specific approvals.]
When the conditions of a specific approval are affected by changes, the operator shall provide the relevant documentation to the [F8CAA] and obtain prior approval for the operation.
Textual Amendments
F8Word in Annex 5 point SPA.GEN.115 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Specific approvals shall be issued for an unlimited duration and shall remain valid subject to the operator remaining in compliance with the requirements associated with the specific approval and taking into account the relevant elements defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012.]
An approval is required for each of the following PBN specifications:
RNP AR APCH; and
RNP 0.3 for helicopter operation.
An approval for RNP AR APCH operations shall allow operations on public instrument approach procedures which meet the applicable ICAO procedure design criteria.
A procedure-specific approval for RNP AR APCH or RNP 0.3 shall be required for private instrument approach procedures or any public instrument approach procedure that does not meet the applicable ICAO procedure design criteria, or where required by the Aeronautical Information Publication (AIP) or the [F10CAA].]
Textual Amendments
F10Word in Annex 5 Subpart B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(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
To obtain a PBN specific approval from the [F10CAA], the operator shall provide evidence that:
the relevant airworthiness approval, suitable for the intended PBN operation, is stated in the AFM or other document that has been approved by the certifying authority as part of an airworthiness assessment or is based on such approval;
a training programme for the flight crew members and relevant personnel involved in the flight preparation has been established;
a safety assessment has been carried out;
operating procedures have been established specifying:
the equipment to be carried, including its operating limitations and appropriate entries in the minimum equipment list (MEL);
flight crew composition, qualification and experience;
normal, abnormal and contingency procedures; and
electronic navigation data management.
a list of reportable events has been specified; and
a management RNP monitoring programme has been established for RNP AR APCH operations, if applicable.]
Aircraft shall only be operated in designated minimum navigation performance specifications (MNPS) airspace in accordance with regional supplementary procedures, where minimum navigation performance specifications are established, if the operator has been granted an approval by the [F11CAA] to conduct such operations.
Textual Amendments
F11Word in Annex 5 Subpart C substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
To obtain an MNPS operational approval from the [F11CAA], the operator shall provide evidence that:
the navigation equipment meets the required performance;
navigation displays, indicators and controls are visible and operable by either pilot seated at his/her duty station;
a training programme for the flight crew members involved in these operations has been established;
operating procedures have been established specifying:
the equipment to be carried, including its operating limitations and appropriate entries in the MEL;
flight crew composition and experience requirements;
normal procedures;
contingency procedures including those specified by the authority responsible for the airspace concerned;
monitoring and incident reporting.
Aircraft shall only be operated in designated airspace where a reduced vertical separation minimum of 300 m (1 000 ft) applies between flight level (FL) 290 and FL 410, inclusive, if the operator has been granted an approval by the [F12CAA] to conduct such operations.
Textual Amendments
F12Word in Annex 5 Subpart D substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
To obtain an RVSM operational approval from the [F12CAA], the operator shall provide evidence that:
the RVSM airworthiness approval has been obtained;
procedures for monitoring and reporting height-keeping errors have been established;
a training programme for the flight crew members involved in these operations has been established;
operating procedures have been established specifying:
the equipment to be carried, including its operating limitations and appropriate entries in the MEL;
flight crew composition and experience requirements;
flight planning;
pre-flight procedures;
procedures prior to RVSM airspace entry;
in-flight procedures;
post-flight procedures;
incident reporting;
specific regional operating procedures.
Aircraft used for operations in RVSM airspace shall be equipped with:
two independent altitude measurement systems;
an altitude alerting system;
an automatic altitude control system;
a secondary surveillance radar (SSR) transponder with altitude reporting system that can be connected to the altitude measurement system in use for altitude control.
a total vertical error (TVE) of ± 90 m (± 300 ft);
an altimetry system error (ASE) of ± 75 m (± 245 ft); and
an assigned altitude deviation (AAD) of ± 90 m (± 300 ft).
The operator shall only conduct the following low visibility operations (LVO) when approved by the [F13CAA]:
Textual Amendments
F13Word in Annex 5 Subpart E substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(3)(d) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
low visibility take-off (LVTO) operation;
lower than standard category I (LTS CAT I) operation;
standard category II (CAT II) operation;
other than standard category II (OTS CAT II) operation;
standard category III (CAT III) operation;
approach operation utilising enhanced vision systems (EVS) for which an operational credit is applied to reduce the runway visual range (RVR) minima by no more than one third of the published RVR.
To obtain an LVO approval from the [F13CAA], the operator shall demonstrate compliance with the requirements of this Subpart.
each aircraft concerned is certified for operations to conduct CAT II operations; and
the approach is flown:
auto-coupled to an auto-land that needs to be approved for CAT IIIA operations; or
using an approved head-up display landing system (HUDLS) to at least 150 ft above the threshold.
each aircraft concerned is certified for operations with a decision height (DH) below 200 ft, or no DH, and equipped in accordance with the applicable airworthiness requirements;
a system for recording approach and/or automatic landing success and failure is established and maintained to monitor the overall safety of the operation;
the DH is determined by means of a radio altimeter;
the flight crew consists of at least two pilots;
all height call-outs below 200 ft above the aerodrome threshold elevation are determined by a radio altimeter.
the EVS is certified for the purpose of this Subpart and combines infra-red sensor image and flight information on the HUD;
for operations with an RVR below 550 m, the flight crew consists of at least two pilots;
for CAT I operations, natural visual reference to runway cues is attained at least at 100 ft above the aerodrome threshold elevation;
for approach procedure with vertical guidance (APV) and non-precision approach (NPA) operations flown with CDFA technique, natural visual reference to runway cues is attained at least at 200 ft above the aerodrome threshold elevation and the following requirements are complied with:
the approach is flown using an approved vertical flight path guidance mode;
the approach segment from final approach fix (FAF) to runway threshold is straight and the difference between the final approach course and the runway centreline is not greater than 2o;
the final approach path is published and not greater than 3,7o;
the maximum cross-wind components established during certification of the EVS are not exceeded.
the aerodrome has been approved for such operations by the State of the aerodrome; and
low visibility procedures (LVP) have been established.
The operator shall ensure that, prior to conducting an LVO:
each flight crew member:
complies with the training and checking requirements prescribed in the operations manual, including flight simulation training device (FSTD) training, in operating to the limiting values of RVR/VIS (visibility) and DH specific to the operation and the aircraft type;
is qualified in accordance with the standards prescribed in the operations manual;
the training and checking is conducted in accordance with a detailed syllabus.
the status of the visual and non-visual facilities is sufficient;
appropriate LVPs are in force according to information received from air traffic services (ATS);
flight crew members are properly qualified.
In commercial air transport operations, two-engined aeroplanes shall only be operated beyond the threshold distance determined in accordance with CAT.OP.MPA.140 if the operator has been granted an ETOPS operational approval by the [F14CAA].
Textual Amendments
F14Word in Annex 5 Subpart F substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(3)(e) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
To obtain an ETOPS operational approval from the [F14CAA], the operator shall provide evidence that:
the aeroplane/engine combination holds an ETOPS type design and reliability approval for the intended operation;
a training programme for the flight crew members and all other operations personnel involved in these operations has been established and the flight crew members and all other operations personnel involved are suitably qualified to conduct the intended operation;
the operator’s organisation and experience are appropriate to support the intended operation;
operating procedures have been established.
Except as provided for in Annex IV (Part-CAT), Annex VI (Part-NCC), Annex VII (Part-NCO) and Annex VIII (Part-SPO), the operator shall only transport dangerous goods by air if the operator has been approved by the [F16CAA].]
Textual Amendments
F16Word in Annex 5 Subpart G substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(3)(f) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
To obtain the approval to transport dangerous goods, the operator shall in accordance with the technical instructions:
establish and maintain a training programme for all personnel involved and demonstrate to the [F16CAA] that adequate training has been given to all personnel;
establish operating procedures to ensure the safe handling of dangerous goods at all stages of air transport, containing information and instructions on:
the operator’s policy to transport dangerous goods;
the requirements for acceptance, handling, loading, stowage and segregation of dangerous goods;
actions to take in the event of an aircraft accident or incident when dangerous goods are being carried;
the response to emergency situations involving dangerous goods;
the removal of any possible contamination;
the duties of all personnel involved, especially with relevance to ground handling and aircraft handling;
inspection for damage, leakage or contamination;
dangerous goods accident and incident reporting.
The operator shall, in accordance with the technical instructions:
provide written information to the pilot-in-command/commander:
about dangerous goods to be carried on the aircraft;
for use in responding to in-flight emergencies;
use an acceptance checklist;
ensure that dangerous goods are accompanied by the required dangerous goods transport document(s), as completed by the person offering dangerous goods for air transport, except when the information applicable to the dangerous goods is provided in electronic form;
ensure that where a dangerous goods transport document is provided in written form, a copy of the document is retained on the ground where it will be possible to obtain access to it within a reasonable period until the goods have reached their final destination;
[F1ensure that a copy of the information to the pilot-in-command or the commander is retained on the ground and that that copy, or the information contained in it, is readily accessible to the flight operations officer, flight dispatcher, or the designated ground personnel responsible for their part of the flight operations, until after the completion of the flight to which the information refers;]
retain the acceptance checklist, transport document and information to the pilot-in-command/commander for at least three months after completion of the flight;
retain the training records of all personnel for at least three years.
Textual Amendments
F17Word in Annex 5 Subpart H substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(3)(g) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
operate in commercial air transport (CAT) and hold a CAT AOC in accordance with Annex III (Part-ORO);
demonstrate to the [F17CAA]:
compliance with the applicable requirements contained in this Subpart;
the successful integration of all elements of the NVIS.
NVIS-compatible instrument panel flood-lighting, if installed, that can illuminate all essential flight instruments;
NVIS-compatible utility lights;
portable NVIS compatible flashlight; and
a means for removing or extinguishing internal NVIS non-compatible lights.
a back-up or secondary power source for the night vision goggles (NVG);
a helmet with the appropriate NVG attachment.
helicopter windscreens and transparencies;
NVIS lighting;
NVGs; and
any additional equipment that supports NVIS operations.
in the aircraft flight manual (AFM);
for the underlying activity; or
in the operational approval for the NVIS operations.
night proficiency checks; and
line checks.
The operator shall ensure that, as part of its risk analysis and management process, risks associated with the NVIS environment are minimised by specifying in the operations manual: selection, composition and training of crews; levels of equipment and dispatch criteria; and operating procedures and minima, such that normal and likely abnormal operations are described and adequately mitigated.
Textual Amendments
F18Word in Annex 5 Subpart I substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(3)(h) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
operate in CAT and hold a CAT AOC in accordance with Annex III (Part-ORO);
demonstrate to the [F18CAA] compliance with the requirements contained in this Subpart.
The installation of all helicopter hoist equipment other than a simple PCDS, including any radio equipment to comply with point SPA.HHO.115, and any subsequent modifications, shall have an airworthiness approval appropriate to the intended function. Ancillary equipment shall be designed and tested to the appropriate standard as required by the [F18CAA].
Maintenance instructions for HHO equipment and systems shall be established by the operator in liaison with the manufacturer and included in the operator's helicopter maintenance programme as provided for by Regulation (EU) No 1321/2014.]
Two-way radio communication shall be established with the organisation for which the HHO is being provided and, where possible, a means of communicating with ground personnel at the HHO site for:
day and night offshore operations;
night onshore operations, except for HHO at a helicopter emergency medical services (HEMS) operating site.
Except for HHO at a HEMS operating site, HHO shall be capable of sustaining a critical engine failure with the remaining engine(s) at the appropriate power setting without hazard to the suspended person(s)/cargo, third parties or property.
Offshore:
1 000 hours as pilot-in-command/commander of helicopters, or 1 000 hours as co-pilot in HHO of which 200 hours is as pilot-in-command under supervision; and
50 hoist cycles conducted offshore, of which 20 cycles shall be at night if night operations are being conducted, where a hoist cycle means one down-and-up cycle of the hoist hook.
Onshore:
500 hours as pilot-in-command/commander of helicopters, or 500 hours as co-pilot in HHO of which 100 hours is as pilot-in-command under supervision;
200 hours operating experience in helicopters gained in an operational environment similar to the intended operation; and
50 hoist cycles, of which 20 cycles shall be at night if night operations are being conducted.
when operating by day: any combination of three day or night hoist cycles, each of which shall include a transition to and from the hover;
when operating by night: three night hoist cycles, each of which shall include a transition to and from the hover.
Prior to any HHO flight, or series of flights, HHO passengers shall have been briefed and made aware of the dangers of static electricity discharge and other HHO considerations.
Textual Amendments
F19Word in Annex 5 Subpart J substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(3)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
operate in CAT and hold a CAT AOC in accordance with Annex III (Part-ORO);
demonstrate to the [F19CAA] compliance with the requirements contained in this Subpart.
Night operations to HEMS operating sites shall only be conducted when a CAA approved HEMS operator holds, and operates under the terms of, an NVIS approval issued to the operator in accordance with SPA.NVIS.100.]
Textual Amendments
F20Annex 5 point SPA.HEM.105 inserted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 8(2)(a)
(a)The installation of all helicopter dedicated medical equipment, any subsequent modifications to it and, where appropriate, its operation shall be approved in accordance with Regulation (EU) No. 748/2012.
(b)For night operations, the helicopter shall be equipped with a suitable means of illumination to enable the flight crew to:
(1)identify the landing area whilst in flight, to determine the landing direction, to make a safe approach and landing or to go around when operating at a site without suitable ground and obstruction lighting; and
(2)make a safe take-off.]
Textual Amendments
F21Annex 5 point SPA.HEM.110 substituted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 8(2)(b)
In addition to that required by CAT.IDE.H, helicopters conducting HEMS flights shall have communication equipment capable of conducting two-way communication with the organisation for which the HEMS is being conducted and, where possible, to communicate with ground emergency service personnel.
Table 1 | |||
HEMS operating minima | |||
a During the en-route phase visibility may be reduced to 800 m for short periods when in sight of land if the helicopter is manoeuvred at a speed that will give adequate opportunity to observe any obstacles in time to avoid a collision. | |||
b During the en-route phase, cloud base may be reduced to 1 000 ft for short periods. | |||
2 PILOTS | 1 PILOT | ||
---|---|---|---|
DAY | |||
Ceiling | Visibility | Ceiling | Visibility |
500 ft and above | As defined by the applicable airspace VFR minima | 500 ft and above | As defined by the applicable airspace VFR minima |
499 - 400 ft | 1 000 ma | 499 – 400 ft | 2 000 m |
399 - 300 ft | 2 000 m | 399 – 300 ft | 3 000 m |
NIGHT | |||
Cloud base | Visibility | Cloud base | Visibility |
1 200 ftb | 2 500 m | 1 200 ftb | 3 000 m |
either:
1 000 hours as pilot-in-command/commander of aircraft of which 500 hours are as pilot-in-command/commander on helicopters; or
1 000 hours as co-pilot in HEMS operations of which 500 hours are as pilot-in-command under supervision and 100 hours pilot-in-command/commander of helicopters;
500 hours’ operating experience in helicopters, gained in an operational environment similar to the intended operation; and
for pilots engaged in night operations, 20 hours of VMC at night as pilot-in-command/commander.
Day flight. The minimum crew by day shall be one pilot and one HEMS technical crew member.
This may be reduced to one pilot only when:
at a HEMS operating site the commander is required to fetch additional medical supplies. In such case the HEMS technical crew member may be left to give assistance to ill or injured persons while the commander undertakes this flight;
after arriving at the HEMS operating site, the installation of the stretcher precludes the HEMS technical crew member from occupying the front seat; or
the medical passenger requires the assistance of the HEMS technical crew member in flight.
In the cases described in (i), the operational minima shall be as defined by the applicable airspace requirements; the HEMS operating minima contained in Table 1 of SPA.HEMS.120 shall not be used.
Only in the case described in (i)(A) may the commander land at a HEMS operating site without the technical crew member assisting from the front seat.
Night flight. The minimum crew by night shall be:
two pilots; or
one pilot [F22holding a valid instrument rating in accordance with Regulation (EU) No. 1178/2011, Annex I, Part-FCL, Subpart G, FCL.625IR and a valid operator proficiency check in accordance with Annex III, Part-ORO, Subpart FC, ORO.FC.230(b)] and one HEMS technical crew member in specific geographical areas defined by the operator in the operations manual taking into account the following:
adequate ground reference;
flight following system for the duration of the HEMS mission;
reliability of weather reporting facilities;
HEMS minimum equipment list;
continuity of a crew concept;
minimum crew qualification, initial and recurrent training;
operating procedures, including crew coordination;
weather minima; and
additional considerations due to specific local conditions.
Textual Amendments
F22Words in Annex 5 point SPA.HEM.130(e)(2)(ii) inserted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 8(2)(c)
VMC day proficiency checks, or VMC night proficiency checks when night HEMS operations are undertaken by the operator; and
line checks.
30 minutes of flying time at normal cruising conditions; or
when operating within an area providing continuous and suitable precautionary landing sites, 20 minutes of flying time at normal cruising speed.
When the commander considers refuelling with passengers on board to be necessary, it can be undertaken either rotors stopped or rotors turning provided the following requirements are met:
door(s) on the refuelling side of the helicopter shall remain closed;
door(s) on the non-refuelling side of the helicopter shall remain open, weather permitting;
fire fighting facilities of the appropriate scale shall be positioned so as to be immediately available in the event of a fire; and
sufficient personnel shall be immediately available to move patients clear of the helicopter in the event of a fire.
The requirements of this Subpart apply to:
a commercial air transport operator holding a valid AOC in accordance with Part-ORO;
a specialised operations operator having declared its activity in accordance with Part-ORO; or
a non-commercial operator having declared its activity in accordance with Part-ORO.
Prior to engaging in operations under this Subpart, a specific approval by the [F24CAA] shall have been issued to the operator.
To obtain such approval, the operator shall submit an application to the [F25CAA], and shall demonstrate compliance with the requirements of this Subpart.
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Word in Annex 5 point SPA.HOFO.105(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(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)
F25Word in Annex 5 point SPA.HOFO.105(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(4)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F26Annex 5 point SPA.HOFO.105(c) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(4)(a)(iii) (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, as part of its safety management process, mitigate and minimise risks and hazards specific to helicopter offshore operations. The operator shall specify in the operations manual the:
selection, composition and training of crews;
duties and responsibilities of crew members and other involved personnel;
required equipment and dispatch criteria; and
operating procedures and minima, such that normal and likely abnormal operations are described and adequately mitigated.
The operator shall ensure that:
an operational flight plan is prepared prior to each flight;
the passenger safety briefing also includes any specific information on offshore related items and is provided prior to boarding the helicopter;
each member of the flight crew wears an approved survival suit:
when the weather report or forecasts available to the pilot-in-command/commander indicate that the sea temperature will be less than plus 10 °C during the flight; or
when the estimated rescue time exceeds the calculated survival time; or
when the flight is planned to be conducted at night in a hostile environment;
where established, the offshore route structure provided by the appropriate ATS is followed;
pilots make optimum use of the automatic flight control systems (AFCS) throughout the flight;
specific offshore approach profiles are established, including stable approach parameters and the corrective action to be taken if an approach becomes unstable;
for multi-pilot operations, procedures are in place for a member of the flight crew to monitor the flight instruments during an offshore flight, especially during approach or departure, to ensure that a safe flight path is maintained;
the flight crew takes immediate and appropriate action when a height alert is activated;
procedures are in place to require the emergency flotation systems to be armed, when safe to do so, for all overwater arrivals and departures; and
operations are conducted in accordance with any restriction on the routes or the areas of operation specified by the [F27CAA].
Textual Amendments
F27Word in Annex 5 point SPA.HOFO.110(b)(10) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(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 operator shall only use offshore locations that are suitable in relation to size and mass of the type of helicopter and to the operations concerned.
Onshore destination alternate aerodrome . Notwithstanding CAT.OP.MPA.181, NCC.OP.152, and SPO.OP.151, the pilot-in command/commander does not need to specify a destination alternate aerodrome in the operational flight plan when conducting flights from an offshore location to a land aerodrome if either:
the destination aerodrome is defined as a coastal aerodrome, or
the following criteria are met:
the destination aerodrome has a published instrument approach;
the flight time is less than 3 hours; and
the published weather forecast valid from 1 hour prior, and 1 hour subsequent to the expected landing time specifies that:
the cloud base is at least 700 feet above the minima associated with the instrument approach, or 1 000 feet above the destination aerodrome, whichever is the higher; and
visibility is at least 2 500 meters.
Offshore destination alternate helideck . The operator may select an offshore destination alternate helideck when all of the following criteria are met:
An offshore destination alternate helideck shall be used only after the point of no return (PNR) and when an onshore destination alternative aerodrome is not geographically available. Prior to the PNR, an onshore destination alternate aerodrome shall be used.
One engine inoperative (OEI) landing capability shall be attainable at the offshore destination alternate helideck.
To the extent possible, helideck availability shall be guaranteed prior to PNR. The dimensions, configuration and obstacle clearance of individual helidecks or other sites shall be suitable for its use as an alternate helideck by each helicopter type intended to be used.
Weather minima shall be established taking into account the accuracy and reliability of meteorological information.
The MEL shall contain specific provisions for this type of operation.
An offshore destination alternate helideck shall only be selected if the operator has established a procedure in the operations manual.
A commercial air transport (CAT) operator shall establish operational procedures and ensure that ARAs are only flown if:
the helicopter is equipped with a radar that is capable of providing information regarding the obstacle environment; and
either:
the minimum descent height (MDH) is determined from a radio altimeter; or
the minimum descent altitude (MDA) plus an adequate margin is applied.
ARAs to rigs or vessels in transit shall be flown as multi-pilot operations.
The decision range shall provide adequate obstacle clearance in the missed approach from any destination for which an ARA is planned.
The approach shall only be continued beyond decision range or below the minimum descent altitude/height (MDA/H) when visual reference to the destination has been established.
For single-pilot CAT operations, appropriate increments shall be added to the MDA/H and decision range.
When an ARA is flown to a non-moving offshore location (i.e. fixed installation or moored vessel) and a reliable GPS position for the location is available in the navigation system, the GPS/area navigation system shall be used to enhance the safety of the ARA.
Notwithstanding CAT.OP.MPA.247, NCC.OP.180 and SPO.OP.170, when flying between offshore locations located in class G airspace where the overwater sector is less than 10 NM, VFR flights may be conducted when the limits are at, or better than, the following:
a The cloud base shall allow flight at the specified height to be below and clear of cloud. | ||||
b Helicopters may be operated in flight visibility down to 800 m, provided the destination or an intermediate structure is continuously visible. | ||||
c Helicopters may be operated in flight visibility down to 1 500 m, provided the destination or an intermediate structure is continuously visible. | ||||
Day | Night | |||
---|---|---|---|---|
Height a | Visibility | Height a | Visibility | |
Single pilot | 300 feet | 3 km | 500 feet | 5 km |
Two pilots | 300 feet | 2 km b | 500 feet | 5 km c |
Operation to an offshore location shall only be performed when the wind speed at the helideck is reported to be not more than 60 knots including gusts.
Helicopters taking off from and landing at offshore locations shall be operated in accordance with the performance requirements of the appropriate Annex according to their type of operation.
When conducting CAT operations with a helicopter equipped with a flight data recorder, the operator shall establish and maintain a FDM system, as part of its integrated management system, by 1 January 2019 .
The FDM system shall be non-punitive and contain adequate safeguards to protect the source(s) of the data.
An operator shall establish and maintain a monitored aircraft tracking system for offshore operations in a hostile environment from the time the helicopter departs until it arrives at its final destination.
The following helicopters conducting CAT offshore operations in a hostile environment shall be fitted with a VHM system capable of monitoring the status of critical rotor and rotor drive systems by 1 January 2019 :
complex motor-powered helicopters first issued with an individual Certificate of Airworthiness (C of A) after 31 December 2016 ;
all helicopters with a maximum operational passenger seating configuration (MOPSC) of more than 9 and first issued with an individual C of A before 1 January 2017 ;
all helicopters first issued with an individual C of A after 31 December 2018 .
The operator shall have a system to:
collect the data including system generated alerts;
analyse and determine component serviceability; and
respond to detected incipient failures.
The operator shall comply with the following equipment requirements:
Public Address (PA) system in helicopters used for CAT and non-commercial operations with complex motor-powered helicopters (NCC):
Helicopters with a maximum operational passenger seat configuration (MOPSC) of more than 9 shall be equipped with a PA system.
Helicopters with an MOPSC of 9 or less need not be equipped with a PA system if the operator can demonstrate that the pilot's voice is understandable at all passengers' seats in flight.
Radio altimeter
Helicopters shall be equipped with a radio altimeter that is capable of emitting an audio warning below a pre-set height and a visual warning at a height selectable by the pilot.
Emergency exits
All emergency exits, including crew emergency exits, and any door, window or other opening that is suitable for emergency egress, and the means for opening them shall be clearly marked for the guidance of occupants using them in daylight or in the dark. Such markings shall be designed to remain visible if the helicopter is capsized or the cabin is submerged.
[F28Helicopter terrain awareness warning system (HTAWS)
Helicopters used in CAT operations with a maximum certificated take-off mass of more than 3175 kg or a MOPSC of more than 9 and first issued with an individual C of A after 31 December 2018 shall be equipped with an HTAWS that provides classic mode functionality and meets an acceptable standard.
From 1 January 2025, helicopters used in CAT operations with a maximum certificated take-off mass of more than 3175 kg or a MOPSC of more than 9 and first issued with an individual C of A after 31 December 1999 shall be equipped with an HTAWS configured for offshore operations as specified in an acceptable standard.]
Textual Amendments
F28Annex 5 point SPA.HOFO.160(c) substituted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 8(3)
Approved life jackets shall be worn at all times by all persons on board unless integrated survival suits that meet the combined requirement of the survival suit and life jacket are worn.
All passengers on board shall wear an approved survival suit:
when the weather report or forecasts available to the commander/pilot-in-command indicate that the sea temperature will be less than plus 10 °C during the flight; or
when the estimated rescue time exceeds the calculated survival time; or
when the flight is planned to be conducted at night.
All persons on board shall carry and be instructed in the use of emergency breathing systems.
in the case of a helicopter carrying less than 12 persons, at least one life raft with a rated capacity of not less than the maximum number of persons on board; or
in the case of a helicopter carrying more than 11 persons, at least two life rafts, sufficient together to accommodate all persons capable of being carried on board and, if one is lost, the remaining life raft(s) having the overload capacity sufficient to accommodate all persons on the helicopter.
The helicopter shall be equipped with an emergency lighting system with an independent power supply to provide a source of general cabin illumination to facilitate the evacuation of the helicopter.
The helicopter shall be equipped with an ELT(AD) that is capable of transmitting simultaneously on 121,5 MHz and 406 MHz.
Non-jettisonable doors that are designated as ditching emergency exits shall have a means of securing them in the open position so that they do not interfere with the occupants' egress in all sea conditions up to the maximum sea conditions required to be evaluated for ditching and flotation.
All emergency exits, including crew emergency exits, and any door, window or other opening suitable to be used for the purpose of underwater escape shall be equipped so as to be operable in an emergency.
The operator shall establish:
criteria for the selection of flight crew members, taking into account the flight crew members' previous experience;
a minimum experience level for a commander/pilot-in-command intending to conduct offshore operations; and
a flight crew training and checking programme that each flight crew member shall complete successfully. Such programme shall be adapted to the offshore environment and include normal, abnormal and emergency procedures, crew resource management, water entry and sea survival training.
Recency requirements
A pilot shall only operate a helicopter carrying passengers:
at an offshore location, as commander or pilot-in-command, or co-pilot, when he or she has carried out in the preceding 90 days at least 3 take-offs, departures, approaches and landings at an offshore location in a helicopter of the same type or a full flight simulator (FFS) representing that type; or
by night at an offshore location, as commander or pilot-in-command, or co-pilot, when he/she has carried out in the preceding 90 days at least 3 take-offs, departures, approaches and landings at night at an offshore location in a helicopter of the same type or an FFS representing that type.
The 3 take-offs and landings shall be performed in either multi-pilot or single-pilot operations, depending on the operation to be performed.
Specific requirements for CAT:
The 90-day period presented in points (b)(1) and (2) above may be extended to 120 days as long as the pilot undertakes line flying under the supervision of a type rating instructor or examiner.
If the pilot does not comply with the requirements in (1), he/she shall complete a training flight in the helicopter or an FFS of the helicopter type to be used, which shall include at least the requirements described in (b)(1) and (2) before he or she can exercise his or her privileges.]
Textual Amendments
In commercial air transport (CAT) operations, single-engined turbine aeroplanes shall only be operated at night or in IMC if the operator has been granted a SET-IMC approval by the [F30CAA].
Textual Amendments
F30Word in Annex 5 Subpart L substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 367(5) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
To obtain a SET-IMC approval by the [F30CAA], the operator shall provide evidence that all the following conditions have been complied with:
an acceptable level of turbine engine reliability is achieved in service by the world fleet for the particular airframe-engine combination;
[F31specific maintenance instructions and procedures to ensure the intended levels of continued airworthiness and reliability of the aeroplane and its propulsion system have been established and included in the operator's aircraft maintenance programme in accordance with Regulation (EU) No 1321/2014, including all of the following:
an engine trend monitoring programme, except for aeroplanes first issued with an individual certificate of airworthiness after 31 December 2004 that have an automatic trend monitoring system;
a propulsion and associated systems' reliability programme;]
flight crew composition and a training/checking programme for the flight crew members involved in these operations have been established;
operating procedures have been established specifying all the following:
the equipment to be carried, including its operating limitations and appropriate entries in the MEL;
the flight planning;
the normal procedures;
the contingency procedures, including procedures following a propulsion system failure, as well as forced landing procedures in all weather conditions;
the monitoring and incident reporting.
a safety risk assessment has been performed, including the determination of an acceptable risk period if an operator intends to make use of it.
Textual Amendments
F31Substituted 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.
Aeroplanes used for SET-IMC operations shall be equipped with all the following equipment:
two separate electrical generating systems, each one capable of supplying adequate power to all essential flight instruments, navigation systems and aeroplane systems required for continued flight to the destination or alternate aerodrome;
two attitude indicators, powered from independent sources;
for passenger operations, a shoulder harness or a safety belt with a diagonal shoulder strap for each passenger seat;
airborne weather-detecting equipment;
in a pressurised aeroplane, sufficient supplemental oxygen for all occupants to allow descent, following engine failure at the maximum certificated cruising altitude, at the best range gliding speed and in the best gliding configuration, assuming the maximum cabin leak rate, until sustained cabin altitudes below 13 000 ft are reached;
an area navigation system capable of being programmed with the positions of landing sites and providing lateral guidance to the flight crew to reach those sites;
a radio altimeter;
a landing light, capable of illuminating the touchdown point on the power-off glide path from 200 ft away;
an emergency electrical supply system of sufficient capacity and endurance capable of providing power, following the failure of all generated power, to additional loads necessary for all of the following:
the essential flight and area navigation instruments during descent from maximum operating altitude after engine failure;
the means to provide for one attempt to restart the engine;
if appropriate, the extension of landing gear and flaps;
the use of the radio altimeter throughout the landing approach;
the landing light;
one pitot heater;
if installed, the electrical means to give sufficient protection against impairment of the pilot's vision for landing;
an ignition system that activates automatically, or is capable of being operated manually, for take-off, landing, and during flight, in visible moisture;
a means of continuously monitoring the power train lubrication system to detect the presence of debris associated with the imminent failure of a drivetrain component, including a flight crew compartment caution indication;
an emergency engine power control device that permits continuing operation of the engine at a sufficient power range to safely complete the flight in the event of any reasonably probable failure of the fuel control unit.]
Textual Amendments
F29Inserted 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 commercial air transport operator shall only use a type B EFB application if the operator has been granted an approval by the [F33CAA] for such use.
In order to obtain an operational approval from the [F33CAA] for the use of a type B EFB application, the operator shall provide evidence that:
a risk assessment related to the use of the EFB device that hosts the application and to the EFB application and its associated function(s) has been conducted, identifying the associated risks and ensuring that they are appropriately managed and mitigated;
the human–machine interfaces of the EFB device and the EFB application have been assessed against human factors principles;
it has established an EFB administration system and that procedures and training requirements for the administration and use of the EFB device and the EFB application have been established and implemented; these shall include procedures for:
operating the EFB;
the management of changes to the EFB;
the management of EFB data;
EFB maintenance; and
EFB security;
the EFB host platform is suitable for the intended use of the EFB application.
This demonstration shall be specific to the EFB application and the EFB host platform on which the application is installed.]
Textual Amendments
F33Word in Annex 5 Subpart M substituted (31.12.2020) by S.I. 2019/645, reg. 367(6) (as inserted by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(3), 11; 2020 c. 1, Sch. 5 para. 1(1))
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