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

[F1 SUBPART A GENERAL REQUIREMENTS U.K.

F2 SPO.GEN.100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Annex 8 point SPO.GEN.100 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 370(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

SPO.GEN.101 Means of compliance U.K.

Alternative means of compliance to those adopted by the [F3 CAA] may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

Textual Amendments

F3 Word in Annex 8 point SPO.GEN.101 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 370(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F4 SPO.GEN.102 Touring motor gliders and powered sailplanes U.K.

F4 (a) Touring motor gliders shall be operated following the requirements for: U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F4 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 Deleted by Commission Implementing Regulation (EU) 2018/1975 of 14 December 2018 amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags.

SPO.GEN.105 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 standard operating procedures (SOP) and, where appropriate, in the operations manual. 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 SOP.] 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.

SPO.GEN.106 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 SOP. 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 SOP.] 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.

SPO.GEN.107 Pilot-in-command responsibilities and authority U.K.

(a) The pilot-in-command shall be responsible for: U.K.

(1)

the safety of the aircraft and of all crew members, task specialists and cargo on board during aircraft operations;

(2)

the initiation, continuation, termination or diversion of a flight in the interest of safety;

(3)

ensuring that all operational procedures and checklists are complied with in accordance with the appropriate manual;

(4)

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:

(i)

the aircraft is airworthy;

(ii)

the aircraft is duly registered;

(iii)

[F6 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, if applicable, as required in points SPO.IDE.A.105 or SPO.IDE.H.105;]

(iv)

[F5 the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within the limits prescribed in the airworthiness documentation;]

(v)

all equipment and baggage is properly loaded and secured; [F7 and]

(vi)

the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight; [F8 and]

(vii)

[F8 any navigational database required for PBN is suitable and current;]

(5)

not commencing a flight if he/she, or any other 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;

(6)

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

(7)

deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or MEL, if applicable;

(8)

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

(9)

[F9 ensuring that:

(i)

flight recorders are not disabled or switched off during flight;

(ii)

in the event of an occurrence other than an accident or a serious incident that shall be reported according to ORO.GEN.160(a), flight recorders' recordings are not intentionally erased; and

(iii)

in the event of an accident or a serious incident, or if preservation of recordings of flight recorders is directed by the investigating authority:

(A)

flight recorders' recordings are not intentionally erased;

(B)

flight recorders are deactivated immediately after the flight is completed; and

(C)

precautionary measures to preserve the recordings of flight recorders are taken before leaving the flight crew compartment.]

Textual Amendments

F6 Substituted by Commission Implementing Regulation (EU) 2018/1975 of 14 December 2018 amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags.

F7 Deleted 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.

F8 Inserted 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.

F9 Substituted by Commission Regulation (EU) 2015/2338 of 11 December 2015 amending Regulation (EU) No 965/2012 as regards requirements for flight recorders, underwater locating devices and aircraft tracking systems.

(b) The pilot-in-command shall have the authority to refuse carriage of or disembark any person or cargo that may represent a potential hazard to the safety of the aircraft or its occupants. U.K.

(c) The pilot-in-command shall, as soon as possible, report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft. U.K.

(d) Notwithstanding the provision of (a)(6), in a multi-crew operation the pilot-in-command may continue a flight beyond the nearest weather-permissible aerodrome when adequate mitigating procedures are in place. U.K.

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

(f) The pilot-in-command shall submit a report of an act of unlawful interference without delay to the [F10 CAA] and shall inform the designated local authority. U.K.

Textual Amendments

F10 Word in Annex 8 point SPO.GEN.107 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 370(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(g) The pilot-in-command shall notify the nearest appropriate authority by the quickest available means of any accident involving the aircraft that results in serious injury or death of any person or substantial damage to the aircraft or property. U.K.

F11 SPO.GEN.108 Pilot-in-command responsibilities and authority — balloons U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Deleted 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.

SPO.GEN.110 Compliance with laws, regulations and procedures U.K.

The pilot-in-command, crew members and task specialists shall comply with the laws, regulations and procedures of those States where operations are conducted.

SPO.GEN.115 Common language U.K.

The operator shall ensure that all crew members and task specialists are able to communicate with each other in a common language.

[F12 SPO.GEN.119 Taxiing of aircraft U.K.

The operator shall establish procedures for taxiing of aircraft in order to ensure safe operation and in order to enhance runway safety.]

Textual Amendments

F12 Inserted 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.

SPO.GEN.120 Taxiing of aeroplanes U.K.

The operator shall ensure that an aeroplane is only taxied on the movement area of an aerodrome if the person at the controls:

(a)

is an appropriately qualified pilot; or

(b)

has been designated by the operator and:

(1)

is trained to taxi the aeroplane;

(2)

is trained to use the radio telephone, if radio communications are required;

(3)

has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures; and

(4)

is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.

SPO.GEN.125 Rotor engagement U.K.

A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.

SPO.GEN.130 Portable electronic devices U.K.

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

[F13 SPO.GEN.131 Use of electronic flight bags (EFBs) U.K.

(a)

Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.

(b)

Prior to using a type B EFB application, the operator shall:

(1)

conduct a risk assessment related to the use of the EFB device that hosts the application, to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately mitigated; the risk assessment shall address the risks associated with the human–machine interface of the EFB device and the EFB application concerned; and

(2)

establish an EFB administration system, including procedures and training requirements for the administration and use of the EFB device and the EFB application.]

Textual Amendments

F13 Inserted by Commission Implementing Regulation (EU) 2018/1975 of 14 December 2018 amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags.

SPO.GEN.135 Information on emergency and survival equipment carried U.K.

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

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

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

(1)

the AFM, or equivalent document(s);

(2)

the original certificate of registration;

(3)

the original certificate of airworthiness (CofA);

(4)

the noise certificate, if applicable;

(5)

a copy of the declaration as specified in ORO.DEC.100 and, if applicable, a copy of the authorisation as specified in ORO.SPO.110;

(6)

the list of specific approvals, if applicable;

(7)

the aircraft radio licence, if applicable;

(8)

the third party liability insurance certificate(s);

(9)

the journey log, or equivalent, for the aircraft;

(10)

[F14 the aircraft technical log, in accordance with to Regulation (EU) No 1321/2014, if applicable;]

(11)

details of the filed ATS flight plan, if applicable;

(12)

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;

(13)

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

(14)

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

(15)

the current parts of the operations manual and/or SOP or AFM that are relevant to the duties of crew members and task specialists, which shall be easily accessible to them;

(16)

the MEL or CDL, if applicable;

(17)

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

(18)

appropriate meteorological information, if applicable;

(19)

cargo manifests, if applicable; and

(20)

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

Textual Amendments

F14 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.

(b) Notwithstanding (a), the documents and information in (a)(2) to (a)(11) and (a)(14), (a)(17), (a)(18) and (a)(19) may be retained at the aerodrome or operating site on flights: U.K.

(1)

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

(2)

remaining within a distance or area determined by the [F15 CAA] in accordance with ARO.OPS.210.

Textual Amendments

F15 Word in Annex 8 point SPO.GEN.140 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 370(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

(d) In case of loss or theft of documents specified in (a)(2) to (a)(8), the operation may continue until the flight reaches its destination or a place where replacement documents can be provided. U.K.

(e) The operator shall make available, within a reasonable time of being requested to do so by the [F15 CAA], the documentation required to be carried on board. U.K.

[F14 SPO.GEN.145 Handling of flight recorder recordings: preservation, production, protection and use U.K.

(a)

Following an accident, a serious incident or an occurrence identified by the investigating authority, the operator of an aircraft shall preserve the original recorded data of the flight recorders for a period of 60 days or until otherwise directed by the investigating authority.

(b)

The operator shall conduct operational checks and evaluations of recordings to ensure the continued serviceability of the flight recorders which are required to be carried.

(c)

The operator shall ensure that the recordings of flight parameters and data link communication messages required to be recorded on flight recorders are preserved. However, for the purpose of testing and maintaining those flight recorders, up to 1 hour of the oldest recorded data at the time of testing may be erased.

(d)

The operator shall keep and maintain up to date documentation that presents the necessary information to convert raw flight data into flight parameters expressed in engineering units.

(e)

The operator shall make available any flight recorder recordings that have been preserved, if so determined by the [F16 CAA].

(f)

Without prejudice to Regulations (EU) No 996/2010 and (EU) 2016/679, and except for ensuring flight recorder serviceability:

(1)

audio recordings from a flight recorder shall not be disclosed or used unless all the following conditions are fulfilled:

(i)

a procedure related to the handling of such audio recordings and of their transcript is in place;

(ii)

all crew members and maintenance personnel concerned have given their prior consent;

(iii)

such audio recordings are used only for maintaining or improving safety.

(1a)

When flight recorder audio recordings are inspected for ensuring flight recorder serviceability, the operator shall protect the privacy of those audio recordings and make sure that they are not disclosed or used for purposes other than ensuring flight recorder serviceability.

(2)

Flight parameters or data link messages recorded by a flight recorder shall not be used for purposes other than for the investigation of an accident or an incident that is subject to mandatory reporting. That limitation shall not apply, unless such recordings meet any of the following conditions:

(i)

are used by the operator for airworthiness or maintenance purposes only;

(ii)

are de-identified;

(iii)

are disclosed under secure procedures.

(3)

Except for ensuring flight recorder serviceability, images of the flight crew compartment that are recorded by a flight recorder shall not be disclosed or used unless all of the following conditions are fulfilled:

(i)

a procedure related to the handling of such image recordings is in place;

(ii)

all crew members and maintenance personnel concerned have given their prior consent;

(iii)

such image recordings are used only for maintaining or improving safety.

(3a)

When images of the flight crew compartment that are recorded by a flight recorder are inspected for ensuring the serviceability of the flight recorder, then:

(i)

those images shall not be disclosed or used for purposes other than ensuring flight recorder serviceability;

(ii)

if body parts of crew members are likely to be visible on the images, the operator shall ensure the privacy of those images.]

Textual Amendments

F16 Word in Annex 8 point SPO.GEN.145 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 370(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

SPO.GEN.150 Transport of dangerous goods U.K.

(a) The transport of dangerous goods by air shall be conducted in accordance with Annex 18 to the Chicago Convention as last amended and amplified by the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Doc 9284-AN/905), including its attachments, supplements and any other addenda or corrigenda. U.K.

(b) Dangerous goods shall only be transported by an operator approved in accordance with Annex V (Part-SPA), subpart G, to Regulation (EU) No 965/2012 except when: U.K.

(1)

they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions;

(2)

they are carried by task specialists or crew members or are in baggage which has been separated from its owner, in accordance with Part 8 of the Technical Instructions;

(3)

required on board the aircraft for specialised purposes in accordance with the Technical Instructions;

(4)

they are used to facilitate flight safety where carriage aboard the aircraft is reasonable to ensure their timely availability for operational purposes, whether or not such articles and substances are required to be carried or intended to be used in connection with a particular flight.

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

(d) The operator shall provide personnel with the necessary information enabling them to carry out their responsibilities, as required by the Technical Instructions. U.K.

(e) The operator shall, in accordance with the Technical Instructions, report without delay to the [F17 CAA] and the appropriate authority of the State of occurrence in the event of: U.K.

(1)

any dangerous good accident or incidents;

(2)

the finding of dangerous goods carried by task specialists or crew, or in their baggage, when not in accordance with Part 8 of the Technical Instructions.

Textual Amendments

F17 Word in Annex 8 point SPO.GEN.150 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 370(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(f) The operator shall ensure that task specialists are provided with information about dangerous goods. U.K.

(g) The operator shall ensure that notices giving information about the transport of dangerous goods are provided at acceptance points for cargo as required by the Technical Instructions. U.K.

SPO.GEN.155 Release of dangerous goods U.K.

The operator 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.

SPO.GEN.160 Carriage and use of weapons U.K.

(a) The operator 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.

SPO.GEN.165 Admission to the flight crew compartment U.K.

The pilot-in-command shall make the final decision regarding the admission to the flight crew compartment and shall ensure that:

(a)

admission to the flight crew compartment does not cause distraction or interference with the operation of the flight; and

(b)

all persons carried in the flight crew compartment are made familiar with the relevant safety procedures. ]

Textual Amendments

F1 Inserted by Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.