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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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There are currently no known outstanding effects for the Commission Regulation (EU) No 965/2012, Division
SUBPART E
.
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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
Whenever crew members or task specialists are involved in the operation, the pilot-in-command shall
ensure compliance of crew members and task specialists with NCO.SPEC.115 and NCO.SPEC.120;
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;
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;
ensure that crew members and task specialists comply with the laws, regulations and procedures of those States where operations are conducted;
ensure that all crew members and task specialists are able to communicate with each other in a common language; and
[F4ensure 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
Textual Amendments
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
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, if applicable; 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.
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.
emergency equipment and procedures;
operational procedures associated with the specialised task before each flight or series of flights
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.OP.125(a)(1)(i) does not apply to sailplane-towing, flying display, aerobatic flights or competition flights.
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.
Unless a task specialist is on-board the aircraft for training, the pilot-in-command shall, when carrying task specialists, not simulate:
situations that require the application of abnormal or emergency procedures; or
flight in instrument meteorological conditions (IMC).
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.
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.
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.
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:
established operational procedures to minimise the consequences of an engine failure; and
briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.
the helicopter is certified in category A or B; and
safety measures are established to prevent undue hazard to persons or property on the ground
established operational procedures to minimise the consequences of an engine failure; and
briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.
a hover out of ground effect (HOGE) with all engines operating at the appropriate power rating; or
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.
The checklist for HESLO shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
The helicopter shall be equipped with at least:
one cargo safety mirror or alternative means to see the hook(s)/load; and
one load meter, unless there is another method of determining the weight of the load.
The operator transporting dangerous goods to or from unmanned sites or remote locations shall apply to the [F6CAA] for an exemption from the provisions of the Technical Instructions if they intend not to comply with the requirements of those Instructions.
Textual Amendments
F6Word 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)
The checklist for HEC shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
hoist operations equipment or cargo hook;
one cargo safety mirror or alternative means to see the hook; and
one load meter, unless there is another method of determining the weight of the load.
Textual Amendments
F7Substituted 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).
The checklist for PAR shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
The requirement laid down in NCO.SPEC.120(c) shall not be applicable for task specialists performing parachute jumping.
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.
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:
exceeds 13 000 ft, for a period of not more than 6 minutes;, or
exceeds 15 000 ft, for a period of not more 3 minutes.
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.]
The checklist for ABF shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
The following documents and information listed in NCO.GEN.135(a) need not be carried during aerobatic flights:
details of the filed ATS flight plan, if applicable;
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
procedures and visual signals information for use by intercepting and intercepted aircraft.
The following equipment requirements need not be applicable to aerobatic flights:
first-aids kit as laid down in NCO.IDE.A.145 and NCO.IDE.H.145;
hand-fire extinguishers as laid down in NCO.IDE.A.160 and NCO.IDE.H.180; and
emergency locator transmitters or personal locator beacons as laid down in NCO.IDE.A.170 and NCO.IDE.H.170.
Before conducting a maintenance check flight, the operator shall determine the applicable level of the maintenance check flight as follows:
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;
a ‘ Level B ’ maintenance check flight for any maintenance check flight other than a ‘ Level A ’ maintenance check flight.
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.
[F9By 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
F9Substituted 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.
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.
Notwithstanding point NCO.SPEC.125(b), a safety briefing of the task specialist shall be required before each maintenance check flight.
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.
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.
The pilot-in-command shall not allow persons on board other than those required under point (a) during a ‘ Level A ’ maintenance check flight.
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.]
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
F8Inserted 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
F1Inserted 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).
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