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

[F1 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; [F2 and]

(vi)

the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight; [F3 and]

(vii)

[F3 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)

[F4 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

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.

F3 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.

F4 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 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.

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.