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

[F1 [F2 SUBPART E SPECIFIC REQUIREMENTS U.K.

SECTION 1 U.K. General

[F3 NCO.SPEC.100 Scope U.K.

This subpart establishes specific requirements to be followed by a pilot-in-command conducting non-commercial specialised operations with other-than complex motor-powered aircraft.]

Textual Amendments

F3 Substituted by Commission Regulation (EU) 2015/140 of 29 January 2015 amending Regulation (EU) No 965/2012 as regards sterile flight crew compartment and correcting that Regulation.

NCO.SPEC.105 Checklist U.K.

(a) Before commencing a specialised operation, the pilot-in-command shall conduct a risk assessment, assessing the complexity of the activity to determine the hazards and associated risks inherent in the operation and establish mitigating measures. U.K.

(b) A specialised operation shall be performed in accordance with a checklist. Based on the risk assessment, the pilot-in-command shall establish such checklist appropriate to the specialised activity and aircraft used, taking account of any section of this subpart. U.K.

(c) The checklist that is relevant to the duties of the pilot-in-command, crew members and task specialists shall be readily accessible on each flight. U.K.

(d) The checklist shall be regularly reviewed and updated, as appropriate. U.K.

NCO.SPEC.110 Pilot-in-command responsibilities and authority U.K.

Whenever crew members or task specialists are involved in the operation, the pilot-in-command shall

(a)

ensure compliance of crew members and task specialists with NCO.SPEC.115 and NCO.SPEC.120;

(b)

not commence a flight if any crew member or task specialist is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;

(c)

not continue a flight beyond the nearest weather-permissible aerodrome or operating site when any crew member or task specialist’s capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;

(d)

ensure that crew members and task specialists comply with the laws, regulations and procedures of those States where operations are conducted;

(e)

ensure that all crew members and task specialists are able to communicate with each other in a common language; and

(f)

[F4 ensure that task specialists and crew members use supplemental oxygen continuously whenever he/she determines that at the altitude of the intended flight the lack of oxygen might result in impairment of the faculties of crew members or harmfully affect task specialists. If the pilot-in-command cannot determine how the lack of oxygen might affect the occupants on board, he/she shall ensure that task specialists and crew members use supplemental oxygen continuously whenever the cabin altitude exceeds 10 000 ft for a period of more than 30 minutes and whenever the cabin altitude exceeds 13 000 ft.]

Textual Amendments

F4 Substituted by Commission Regulation (EU) 2016/1199 of 22 July 2016 amending Regulation (EU) No 965/2012 as regards operational approval of performance-based navigation, certification and oversight of data services providers and helicopter offshore operations, and correcting that Regulation.

NCO.SPEC.115 Crew responsibilities U.K.

(a) The crew member shall be responsible for the proper execution of his/her duties. Crew duties shall be specified in the checklist. U.K.

[F5 (b) During critical phases of the flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the crew member shall be restrained at his/her assigned station, unless otherwise specified in the checklist.] U.K.

Textual Amendments

F5 Substituted by Commission Regulation (EU) 2018/394 of 13 March 2018 amending Regulation (EU) No 965/2012 as regards the deletion of air operations requirements for balloons.

(c) During flight, the flight crew member shall keep his/her safety belt fastened while at his/her station. U.K.

(d) During flight, at least one qualified flight crew member shall remain at the controls of the aircraft at all times. U.K.

(e) The crew member shall not undertake duties on an aircraft: U.K.

(1)

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 perform his/her duties; or

(2)

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.

(f) The crew member who undertakes duties for more than one operator shall: U.K.

(1)

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, if applicable; and

(2)

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

(g) The crew member shall report to the pilot-in-command: U.K.

(1)

any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and

(2)

any incident that was endangering, or could endanger, the safety of the operation.

NCO.SPEC.120 Task specialists responsibilities U.K.

(a) The task specialist shall be responsible for the proper execution of his/her duties. Task specialists’ duties shall be specified in the checklist. U.K.

[F5 (b) During critical phases of the flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the task specialist shall be restrained at his/her assigned station, unless otherwise specified in the checklist.] U.K.

(c) The task specialist shall ensure that he/she is restrained when carrying out specialised tasks with external doors opened or removed. U.K.

(d) The task specialist shall report to the pilot-in-command: U.K.

(1)

any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and

(2)

any incident that was endangering, or could endanger, the safety of the operation.

NCO.SPEC.125 Safety briefing U.K.

(a) Before take-off, the pilot-in-command shall brief task specialists on: U.K.

(1)

emergency equipment and procedures;

(2)

operational procedures associated with the specialised task before each flight or series of flights

(b) The briefing referred to in (a)(2) may not be required if task specialists have been instructed on the operational procedures before the start of the operating season in that calendar year. U.K.

NCO.SPEC.130 Minimum obstacle clearance altitudes — IFR flights U.K.

The pilot-in-command shall establish minimum flight altitudes for each flight providing the required terrain clearance for all route segments to be flown in IFR. The minimum flight altitudes shall not be lower than those published by the State overflown.

NCO.SPEC.135 Fuel and oil supply — aeroplanes U.K.

NCO.OP.125(a)(1)(i) does not apply to sailplane-towing, flying display, aerobatic flights or competition flights.

NCO.SPEC.140 Fuel and oil supply — helicopters U.K.

Notwithstanding NCO.OP.126(a)(1), the pilot-in-command of a helicopter may only commence a VFR flight by day remaining within 25 NM of the aerodrome/operating site of departure with reserve fuel of not less than 10 minutes at best-range-speed.

NCO.SPEC.145 Simulated situations in flight U.K.

Unless a task specialist is on-board the aircraft for training, the pilot-in-command shall, when carrying task specialists, not simulate:

(a)

situations that require the application of abnormal or emergency procedures; or

(b)

flight in instrument meteorological conditions (IMC).

NCO.SPEC.150 Ground proximity detection U.K.

If installed, the ground proximity warning system may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from the ground below that which would trigger the ground proximity warning system.

NCO.SPEC.155 Airborne collision avoidance system (ACAS II) U.K.

Notwithstanding NCO.OP.200, the ACAS II may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from each other below that which would trigger the ACAS.

NCO.SPEC.160 Release of dangerous goods U.K.

The pilot-in-command shall not operate an aircraft over congested areas of cities, towns or settlements or over an open-air assembly of persons when releasing dangerous goods.

NCO.SPEC.165 Carriage and use of weapons U.K.

(a) The pilot-in-command shall ensure that, when weapons are carried on a flight for the purpose of a specialised task, these are secured when not in use. U.K.

(b) The task specialist using the weapon shall take all necessary measures to prevent the aircraft and persons on board or on the ground from being endangered. U.K.

NCO.SPEC.170 Performance and operating criteria — aeroplanes U.K.

When operating an aeroplane at a height of less than 150 m (500 ft) above a non-congested area, for operations of aeroplanes that are not able to sustain level flight in the event of a critical engine failure, the pilot-in-command shall have:

(a)

established operational procedures to minimise the consequences of an engine failure; and

(b)

briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.

NCO.SPEC.175 Performance and operating criteria — helicopters U.K.

(a) The pilot-in-command may operate an aircraft over congested areas provided that: U.K.

(1)

the helicopter is certified in category A or B; and

(2)

safety measures are established to prevent undue hazard to persons or property on the ground

(b) The pilot-in-command shall have: U.K.

(1)

established operational procedures to minimise the consequences of an engine failure; and

(2)

briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.

(c) The pilot-in-command shall ensure that the mass at take-off, landing or hover shall not exceed the maximum mass specified for: U.K.

(1)

a hover out of ground effect (HOGE) with all engines operating at the appropriate power rating; or

(2)

if conditions prevail that a HOGE is not likely to be established, the helicopter mass shall not exceed the maximum mass specified for a hover in ground effect (HIGE) with all engines operating at the appropriate power rating, provided prevailing conditions allow a hover in ground effect at the maximum specified mass.

SECTION 2 U.K. Helicopter external sling load operations (HESLO)

NCO.SPEC.HESLO.100 Checklist U.K.

The checklist for HESLO shall contain:

(a)

normal, abnormal and emergency procedures;

(b)

relevant performance data;

(c)

required equipment;

(d)

any limitations; and

(e)

responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.HESLO.105 Specific HESLO equipment U.K.

The helicopter shall be equipped with at least:

(a)

one cargo safety mirror or alternative means to see the hook(s)/load; and

(b)

one load meter, unless there is another method of determining the weight of the load.

NCO.SPEC.HESLO.110 Transportation of dangerous goods U.K.

The operator transporting dangerous goods to or from unmanned sites or remote locations shall apply to the [F6 CAA] for an exemption from the provisions of the Technical Instructions if they intend not to comply with the requirements of those Instructions.

Textual Amendments

F6 Word in Annex 7 point NCO.SPEC.HESLO.110 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 369(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 3 U.K. Human external cargo operations (HEC)

NCO.SPEC.HEC.100 Checklist U.K.

The checklist for HEC shall contain:

(a)

normal, abnormal and emergency procedures;

(b)

relevant performance data;

(c)

required equipment;

(d)

any limitations; and

(e)

responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.HEC.105 Specific HEC equipment U.K.

(a) The helicopter shall be equipped with: U.K.

(1)

hoist operations equipment or cargo hook;

(2)

one cargo safety mirror or alternative means to see the hook; and

(3)

one load meter, unless there is another method of determining the weight of the load.

[F7 (b) The installation of all hoist and cargo hook equipment other than a simple PCDS, and any subsequent modifications shall have an airworthiness approval appropriate to the intended function.] U.K.

Textual Amendments

F7 Substituted 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).

SECTION 4 U.K. Parachute operations (PAR)

NCO.SPEC.PAR.100 Checklist U.K.

The checklist for PAR shall contain:

(a)

normal, abnormal and emergency procedures;

(b)

relevant performance data;

(c)

required equipment;

(d)

any limitations; and

(e)

responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.PAR.105 Carriage of crew members and task specialists U.K.

The requirement laid down in NCO.SPEC.120(c) shall not be applicable for task specialists performing parachute jumping.

NCO.SPEC.PAR.110 Seats U.K.

Notwithstanding NCO.IDE.A.140(a)(1) and NCO.IDE.H.140(a)(1), the floor of the aircraft may be used as a seat, provided means are available for the task specialist to hold or strap on.

NCO.SPEC.PAR.115 Supplemental oxygen U.K.

Notwithstanding NCO.SPEC.110(f), the requirement to use supplemental oxygen shall not be applicable for crew members other than the pilot-in-command and for task specialists carrying out duties essential to the specialised task, whenever the cabin altitude:

(a)

exceeds 13 000 ft, for a period of not more than 6 minutes;, or

(b)

exceeds 15 000 ft, for a period of not more 3 minutes.

[F7 NCO.SPEC.PAR.120 Transport and release of dangerous goods U.K.

Notwithstanding point NCO.SPEC.160, parachutists may carry smoke trail devices and exit the aircraft for the purpose of parachute display over congested areas of cities, towns or settlements or over an open-air assembly of persons, provided those devices are manufactured for that purpose.]

SECTION 5 U.K. Aerobatic flights (ABF)

NCO.SPEC.ABF.100 Checklist U.K.

The checklist for ABF shall contain:

(a)

normal, abnormal and emergency procedures;

(b)

relevant performance data;

(c)

required equipment;

(d)

any limitations; and

(e)

responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.ABF.105 Documents and information U.K.

The following documents and information listed in NCO.GEN.135(a) need not be carried during aerobatic flights:

(a)

details of the filed ATS flight plan, if applicable;

(b)

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

(c)

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

NCO.SPEC.ABF.110 Equipment U.K.

The following equipment requirements need not be applicable to aerobatic flights:

(a)

first-aids kit as laid down in NCO.IDE.A.145 and NCO.IDE.H.145;

(b)

hand-fire extinguishers as laid down in NCO.IDE.A.160 and NCO.IDE.H.180; and

(c)

emergency locator transmitters or personal locator beacons as laid down in NCO.IDE.A.170 and NCO.IDE.H.170.

[F8 SECTION 6 U.K. Maintenance check flights (MCFs)

NCO.SPEC.MCF.100 Levels of maintenance check flights U.K.

Before conducting a maintenance check flight, the operator shall determine the applicable level of the maintenance check flight as follows:

(a)

a ‘ Level A ’ maintenance check flight for a flight where the use of abnormal or emergency procedures, as defined in the aircraft flight manual, is expected, or where a flight is required to prove the functioning of a backup system or other safety devices;

(b)

a ‘ Level B ’ maintenance check flight for any maintenance check flight other than a ‘ Level A ’ maintenance check flight.

NCO.SPEC.MCF.105 Operational limitations U.K.

(a)

By way of derogation from point NCO.GEN.105(a)(4) of this Annex, a maintenance check flight may be conducted with an aircraft that has been released to service with incomplete maintenance in accordance with point M.A.801(g) or point 145.A.50(e) of Annex I to Commission Regulation (EU) No 1321/2014.

(b)

[F9 By way of derogation from point NCO.GEN.105(a)(4) of this Annex, a maintenance check flight may be conducted with an aircraft that has been released to service with incomplete maintenance in accordance with points M.A.801(f) of Annex I (Part-M), 145.A.50(e) of Annex II (Part-145) or ML.A.801(f) of Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014.]

Textual Amendments

F9 Substituted 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.

NCO.SPEC.MCF.110 Checklist and safety briefing U.K.

(a)

The checklist referred to in point NCO.SPEC.105 shall be updated as needed before each maintenance check flight and shall consider the operating procedures that are planned to be followed during the particular maintenance check flight.

(b)

Notwithstanding point NCO.SPEC.125(b), a safety briefing of the task specialist shall be required before each maintenance check flight.

NCO.SPEC.MCF.120 Flight crew requirements U.K.

When selecting a flight crew member for a maintenance check flight, the operator shall consider the aircraft complexity and the level of the maintenance check flight as defined in point NCO.SPEC.MCF.100.

NCO.SPEC.MCF.125 Crew composition and persons on board U.K.

(a)

The pilot-in-command shall identify the need for additional crew members or task specialists, or both, before each intended maintenance check flight, taking into consideration the expected flight crew member or task specialist workload and the risk assessment.

(b)

The pilot-in-command shall not allow persons on board other than those required under point (a) during a ‘ Level A ’ maintenance check flight.

[F9 NCO.SPEC.MCF.130 Simulated abnormal or emergency procedures in flight U.K.

By way of derogation from point NCO.SPEC.145, a pilot-in-command may simulate situations that require the application of abnormal or emergency procedures with a task specialist on board if the simulation is required to meet the intention of the flight and if it has been identified in the check list referred to in point NCO.SPEC.MCF.110 or in operating procedures.]

NCO.SPEC.MCF.140 Systems and equipment U.K.

When a maintenance check flight is intended to check the proper functioning of a system or equipment, that system or equipment shall be identified as potentially unreliable, and appropriate mitigation measures shall be agreed prior to the flight in order to minimise risks to flight safety.]]]

Textual Amendments

F8 Inserted 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

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).

F2 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.