Textual Amendments
F1 Inserted 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 competent authority shall be the authority designated by the Member State in which the operator has its principal place of business or is residing.
related to the safety of the aircraft and its occupants; and
specified in the instructions and procedures in the operations manual.
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; or
when under the influence of psychoactive substances or alcohol or for other reasons as referred to in 7.g of Annex IV to Regulation (EC) No 216/2008.
maintain his/her individual records regarding flight and duty times and rest periods as referred to in Annex III (Part-ORO), Subpart FTL to Regulation (EU) No 965/2012; and
provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.
any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and
any incident that was endangering, or could endanger, the safety of the operation.
the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008;
the initiation, continuation, termination or diversion of a flight in the interest of safety;
ensuring that all instructions, operational procedures and checklists are complied with in accordance with the operations manual and as referred to in 1.b of Annex IV to Regulation (EC) No 216/2008;
only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:
the aircraft is airworthy;
the aircraft is duly registered;
instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, as required in NCC.IDE.A.105 or NCC.IDE.H.105;
the mass of the aircraft and centre of gravity location are such that the flight can be conducted within the limits prescribed in the airworthiness documentation;
all cabin baggage, hold luggage and cargo are properly loaded and secured;
the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight;
each flight crew member holds a valid licence in accordance with Regulation (EU) No 1178/2011; and
flight crew members are properly rated and meet competency and recency requirements;
not commencing a flight if any flight crew member is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
not continuing a flight beyond the nearest weather-permissible aerodrome or operating site, when the capacity of any flight crew member to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;
deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or minimum equipment list (MEL), as applicable;
recording utilisation data and all known or suspected defects in the aircraft at the termination of the flight, or series of flights, in the aircraft technical log or journey log for the aircraft; and
ensuring that flight recorders:
are not disabled or switched off during flight; and
in the event of an accident or an incident that is subject to mandatory reporting:
are not intentionally erased;
are deactivated immediately after the flight is completed; and
are reactivated only with the agreement of the investigating authority.
The operator shall ensure that all crew members can communicate with each other in a common language.
The operator shall ensure that an aeroplane is only taxied on the movement area of an aerodrome if the person at the controls:
is an appropriately qualified pilot; or
has been designated by the operator and:
is trained to taxi the aeroplane;
is trained to use the radio telephone, if radio communications are required;
has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures; and
is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.
A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.
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.
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.
the AFM, or equivalent document(s);
the original certificate of registration;
the original certificate of airworthiness (CofA);
the noise certificate;
the declaration as specified in Annex III (Part-ORO), ORO.DEC.100, to Regulation (EU) No 965/2012;
the list of specific approvals, if applicable;
the aircraft radio licence, if applicable;
the third party liability insurance certificate(s);
the journey log, or equivalent, for the aircraft;
details of the filed ATS flight plan, if applicable;
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;
procedures and visual signals information for use by intercepting and intercepted aircraft;
information concerning search and rescue services for the area of the intended flight;
the current parts of the operations manual that are relevant to the duties of the crew members, which shall be easily accessible to the crew members;
the MEL or CDL;
appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;
appropriate meteorological information;
cargo and/or passenger manifests, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
CVR recordings shall only be used for purposes other than for the investigation of an accident or an incident subject to mandatory reporting, if all crew members and maintenance personnel concerned consent; and
FDR recordings or data link recordings shall only be used for purposes other than for the investigation of an accident or an incident that is subject to mandatory reporting, if such records are:
used by the operator for airworthiness or maintenance purposes only;
de-identified; or
disclosed under secure procedures.
they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions; or
they are carried by passengers or crew members, or are in baggage, in accordance with Part 8 of the Technical Instructions.