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

[F1 SUBPART A GENERAL REQUIREMENTS U.K.

SPO.GEN.100 Competent authority U.K.

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.

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

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

SPO.GEN.102 Touring motor gliders, -powered sailplanes and mixed balloons U.K.

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

(1)

aeroplanes when they are power-driven by an engine; and

(2)

sailplanes when operated without using an engine.

(b) Touring motor gliders shall be equipped in compliance with the requirements applicable to aeroplanes unless otherwise specified in Subpart D. U.K.

(c) Powered sailplanes, excluding touring motor gliders, shall be operated and equipped in compliance with the requirements applicable to sailplanes. U.K.

(d) Mixed balloons shall be operated in accordance with the requirements for hot-air balloons. U.K.

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.

(b) Except for balloons, during critical phases of 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.

(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.

(b) Except for balloons, during critical phases of 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)

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 SPO.IDE.A.105, SPO.IDE.H.105, SPO.IDE.S.105 or SPO.IDE.B.105;

(iv)

the mass of the aircraft and, except in the case of balloons, the centre of gravity location are such that the flight can be conducted within limits prescribed in the airworthiness documentation;

(v)

all equipment and baggage is properly loaded and secured; and

(vi)

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

(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)

ensuring that, when installed, flight recorders:

(i)

are not disabled or switched off during flight; and

(ii)

in the event of an accident or an incident that is subject to mandatory reporting:

(A)

are not intentionally erased;

(B)

are deactivated immediately after the flight is completed; and

(C)

are reactivated only with the agreement of the investigating authority.

(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 competent authority and shall inform the designated local authority. U.K.

(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.

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

The pilot-in-command of a balloon shall, in addition to SPO.GEN.107:

(a)

be responsible for the pre-flight briefing of those persons assisting in the inflation and deflation of the envelope;

(b)

ensure that no person is smoking on board or within the direct vicinity of the balloon; and

(c)

ensure that persons assisting in the inflation and deflation of the envelope wear appropriate protective clothing.

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.

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.

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)

the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EC) No 2042/2003, 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.

(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 competent authority in accordance with ARO.OPS.210.

(c) Notwithstanding (a), on flights with balloons or sailplanes, excluding touring motor gliders (TMGs), the documents and information in (a)(1) to (a)(10) and (a)(13) to (a)(19) may be carried in the retrieve vehicle. 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 competent authority, the documentation required to be carried on board. U.K.

SPO.GEN.145 Preservation, production and use of flight recorder recordings — operations with complex motor-powered aircraft U.K.

(a) Following an accident or an incident that is subject to mandatory reporting, the operator of an aircraft shall preserve the original recorded data for a period of 60 days unless otherwise directed by the investigating authority. U.K.

(b) The operator shall conduct operational checks and evaluations of flight data recorder (FDR) recordings, cockpit voice recorder (CVR) recordings and data link recordings to ensure the continued serviceability of the recorders. U.K.

(c) The operator shall save the recordings for the period of operating time of the FDR as required by SPO.IDE.A.145 or SPO.IDE.H.145, except that, for the purpose of testing and maintaining the FDR, up to 1 hour of the oldest recorded material at the time of testing may be erased. U.K.

(d) The operator shall keep and maintain up-to-date documentation that presents the necessary information to convert FDR raw data into parameters expressed in engineering units. U.K.

(e) The operator shall make available any flight recorder recording that has been preserved, if so determined by the competent authority. U.K.

(f) 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. U.K.

(g) 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: U.K.

(1)

used by the operator for airworthiness or maintenance purposes only;

(2)

de-identified; or

(3)

disclosed under secure procedures.

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 competent authority 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.

(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.