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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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Version Superseded: 08/04/2019
Point in time view as at 25/08/2016.
There are currently no known outstanding effects by UK legislation for Commission Regulation (EU) No 965/2012, Division SUBPART A .
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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.
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.
aeroplanes when they are power-driven by an engine; and
sailplanes when operated without using an engine.
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.
the safety of the aircraft and of all crew members, task specialists and cargo on board during aircraft operations;
the initiation, continuation, termination or diversion of a flight in the interest of safety;
ensuring that all operational procedures and checklists are complied with in accordance with the appropriate manual;
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, if applicable, as required in SPO.IDE.A.105, SPO.IDE.H.105, SPO.IDE.S.105 or SPO.IDE.B.105;
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;
all equipment and baggage is properly loaded and secured; [F2 and]
the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight; [F3 and]
[F3any navigational database required for PBN is suitable and current;]
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;
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;
deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or MEL, if 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
[F4ensuring that:
flight recorders are not disabled or switched off during flight;
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
in the event of an accident or a serious incident, or if preservation of recordings of flight recorders is directed by the investigating authority:
flight recorders' recordings are not intentionally erased;
flight recorders are deactivated immediately after the flight is completed; and
precautionary measures to preserve the recordings of flight recorders are taken before leaving the flight crew compartment.]
Textual Amendments
F2 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.
The pilot-in-command of a balloon shall, in addition to SPO.GEN.107:
be responsible for the pre-flight briefing of those persons assisting in the inflation and deflation of the envelope;
ensure that no person is smoking on board or within the direct vicinity of the balloon; and
ensure that persons assisting in the inflation and deflation of the envelope wear appropriate protective clothing.
The pilot-in-command, crew members and task specialists shall comply with the laws, regulations and procedures of those States where operations are conducted.
The operator shall ensure that all crew members and task specialists are able to communicate with each other in a common language.
The operator shall establish procedures for taxiing of aircraft in order to ensure safe operation and in order to enhance runway safety.]
Textual Amendments
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, if applicable;
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;
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;
the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EC) No 2042/2003, if applicable;
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;
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 and/or SOP or AFM that are relevant to the duties of crew members and task specialists, which shall be easily accessible to them;
the MEL or CDL, if applicable;
appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;
appropriate meteorological information, if applicable;
cargo manifests, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
intending to take off and land at the same aerodrome or operating site; or
remaining within a distance or area determined by the competent authority in accordance with ARO.OPS.210.
a procedure related to the handling of CVR recordings and of their transcript is in place;
all crew members and maintenance personnel concerned have given their prior consent; and
they are used only for maintaining or improving safety.
When a CVR recording is inspected for ensuring the CVR serviceability, the operator shall ensure the privacy of the CVR recording and the CVR recording shall not be disclosed or used for other purposes than ensuring the CVR serviceability.]
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;
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;
required on board the aircraft for specialised purposes in accordance with the Technical Instructions;
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.
any dangerous good accident or incidents;
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.
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.
The pilot-in-command shall make the final decision regarding the admission to the flight crew compartment and shall ensure that:
admission to the flight crew compartment does not cause distraction or interference with the operation of the flight; and
all persons carried in the flight crew compartment are made familiar with the relevant safety procedures.]
Textual Amendments
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