Commission Regulation (EU) No 379/2014Show full title

(7) Annex VII to Regulation (EU) No 965/2012 is amended as follows: U.K.

(a)

All references to Regulation (EC) No 1702/2003 are replaced by references to Regulation (EU) No 748/2012.

(b)

NCO.GEN.102 is amended as follows:

(i)

the title is replaced by the following:

‘Touring motor gliders, powered sailplanes and mixed balloons’;

(ii)

the following point (d) is added:

‘(d)

Mixed balloons shall be operated in accordance with the requirements for hot-air balloons.’.

(c)

The following point NCO.GEN.103 is inserted:

‘NCO.GEN.103 Introductory flights

Introductory flights referred to in Article 6(5)(c) of this Regulation when conducted in accordance with this Annex, shall:

(a)

start and end at the same aerodrome or operating site, except for balloons and sailplanes;

(b)

be operated under VFR by day;

(c)

be overseen by a nominated person responsible for their safety; and

(d)

comply with any other conditions stipulated by the competent authority.’.

(d)

NCO.GEN.106 is replaced by the following:

‘NCO.GEN.106 Pilot-in-command responsibilities and authority — balloons

The pilot-in-command of a balloon shall in addition to NCO.GEN.105:

(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.’.

(e)

In NCO.GEN.135(a)(10), the word ‘area’ is inserted after the words ‘for the route’.

(f)

In NCO.OP.110(c), first sentence, the word ‘only’ is inserted after ‘shall’.

(g)

The title of NCO.OP.113 is replaced by the following: ‘Aerodrome operating minima — onshore circling operations with helicopters’.

(h)

In NCO.OP.127(a) and (b), the word ‘gas’ is deleted.

(i)

NCO.OP.215 is replaced by the following:

‘NCO.OP.215 Operational limitations — hot-air balloons

(a) A hot-air balloon shall not land during night, except in emergency.

(b) A hot-air balloon may take off during night, provided sufficient fuel is carried for a landing during day.’.

(j)

NCO.POL.105(b) is replaced by the following:

‘(b)

The weighing shall be accomplished:

(1)

for aeroplanes and helicopters, by the manufacturer of the aircraft or by an approved maintenance organisation; and

(2)

for sailplanes and balloons, by the manufacturer of the aircraft or in accordance with Commission Regulation (EC) No 2042/2003, as applicable.’.

(k)

NCO.IDE.B.110 is replaced by the following:

‘NCO.IDE.B.110 Operating lights

Balloons operated at night shall be equipped with:

(a)

anti-collision lights;

(b)

a means to provide adequate illumination for all instruments and equipment essential to the safe operation of the balloon; and

(c)

an independent portable light.’.

(l)

NCO.IDE.B.125 is replaced by the following:

‘NCO.IDE.B.125 Hand fire extinguishers

Hot air -balloons shall be equipped with at least one hand fire extinguisher, if required by the applicable certification specifications.’.

(m)

NCO.IDE.B.140 is replaced by the following:

‘NCO.IDE.B.140 Miscellaneous equipment

(a) Balloons shall be equipped with protective gloves for each crew member.

(b) Hot-air balloons shall be equipped with:

(1)

an alternative source of ignition;

(2)

a means of measuring and indicating fuel quantity;

(3)

a fire blanket or fire resistant cover; and

(4)

a drop line of at least 25 metres (m) in length.

(c) Gas balloons shall be equipped with:

(1)

a knife; and

(2)

a drop line of at least 20 m in length made of natural fibre or electrostatic conductive material.’.

(n)

The following SUBPART E is added:

‘SUBPART E SPECIFIC REQUIREMENTS

SECTION 1 U.K. General

NCO.SPEC.100 Scope

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.

NCO.SPEC.105 Checklist

(a) Before commencing a specialised operation, the pilot-in-command shall conduct a risk assessment, assessing the complexity of the activity to determine the hazards and associated risks inherent in the operation and establish mitigating measures.

(b) A specialised operation shall be performed in accordance with a checklist. Based on the risk assessment, the pilot-in-command shall establish such checklist appropriate to the specialised activity and aircraft used, taking account of any section of this subpart.

(c) The checklist that is relevant to the duties of the pilot-in-command, crew members and task specialists shall be readily accessible on each flight.

(d) The checklist shall be regularly reviewed and updated, as appropriate.

NCO.SPEC.110 Pilot-in-command responsibilities and authority

Whenever crew members or task specialists are involved in the operation, the pilot-in-command shall

(a)

ensure compliance of crew members and task specialists with NCO.SPEC.115 and NCO.SPEC.120;

(b)

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;

(c)

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;

(d)

ensure that crew members and task specialists comply with the laws, regulations and procedures of those States where operations are conducted;

(e)

ensure that all crew members and task specialists are able to communicate with each other in a common language; and

(f)

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.

NCO.SPEC.115 Crew responsibilities

(a) The crew member shall be responsible for the proper execution of his/her duties. Crew duties shall be specified in the checklist.

(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 checklist.

(c) During flight, the flight crew member shall keep his/her safety belt fastened while at his/her station.

(d) During flight, at least one qualified flight crew member shall remain at the controls of the aircraft at all times.

(e) The crew member shall not undertake duties on an aircraft:

(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:

(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:

(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.

NCO.SPEC.120 Task specialists responsibilities

(a) The task specialist shall be responsible for the proper execution of his/her duties. Task specialists’ duties shall be specified in the checklist.

(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 checklist.

(c) The task specialist shall ensure that he/she is restrained when carrying out specialised tasks with external doors opened or removed.

(d) The task specialist shall report to the pilot-in-command:

(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.

NCO.SPEC.125 Safety briefing

(a) Before take-off, the pilot-in-command shall brief task specialists on:

(1)

emergency equipment and procedures;

(2)

operational procedures associated with the specialised task before each flight or series of flights

(b) The briefing referred to in (a)(2) may not be required if task specialists have been instructed on the operational procedures before the start of the operating season in that calendar year.

NCO.SPEC.130 Minimum obstacle clearance altitudes — IFR 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.SPEC.135 Fuel and oil supply — aeroplanes

NCO.OP.125(a)(1)(i) does not apply to sailplane-towing, flying display, aerobatic flights or competition flights.

NCO.SPEC.140 Fuel and oil supply — helicopters

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.

NCO.SPEC.145 Simulated situations in flight

Unless a task specialist is on-board the aircraft for training, the pilot-in-command shall, when carrying task specialists, not simulate:

(a)

situations that require the application of abnormal or emergency procedures; or

(b)

flight in instrument meteorological conditions (IMC).

NCO.SPEC.150 Ground proximity detection

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.

NCO.SPEC.155 Airborne collision avoidance system (ACAS II)

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.

NCO.SPEC.160 Release of dangerous goods

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.

NCO.SPEC.165 Carriage and use of weapons

(a) The pilot-in-command shall ensure that, when weapons are carried on a flight for the purpose of a specialised task, these are secured when not in use.

(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.

NCO.SPEC.170 Performance and operating criteria — aeroplanes

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:

(a)

established operational procedures to minimise the consequences of an engine failure; and

(b)

briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.

NCO.SPEC.175 Performance and operating criteria — helicopters

(a) The pilot-in-command may operate an aircraft over congested areas provided that:

(1)

the helicopter is certified in category A or B; and

(2)

safety measures are established to prevent undue hazard to persons or property on the ground

(b) The pilot-in-command shall have:

(1)

established operational procedures to minimise the consequences of an engine failure; and

(2)

briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.

(c) The pilot-in-command shall ensure that the mass at take-off, landing or hover shall not exceed the maximum mass specified for:

(1)

a hover out of ground effect (HOGE) with all engines operating at the appropriate power rating; or

(2)

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.

SECTION 2 U.K. Helicopter external sling load operations (HESLO)

NCO.SPEC.HESLO.100 Checklist

The checklist for HESLO shall contain:

(a)

normal, abnormal and emergency procedures;

(b)

relevant performance data;

(c)

required equipment;

(d)

any limitations; and

(e)

responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.HESLO.105 Specific HESLO equipment

The helicopter shall be equipped with at least:

(a)

one cargo safety mirror or alternative means to see the hook(s)/load; and

(b)

one load meter, unless there is another method of determining the weight of the load.

NCO.SPEC.HESLO.110 Transportation of dangerous goods

The operator transporting dangerous goods to or from unmanned sites or remote locations shall apply to the competent authority for an exemption from the provisions of the Technical Instructions if they intend not to comply with the requirements of those Instructions.

SECTION 3 U.K. Human external cargo operations (HEC)

NCO.SPEC.HEC.100 Checklist

The checklist for HEC shall contain:

(a)

normal, abnormal and emergency procedures;

(b)

relevant performance data;

(c)

required equipment;

(d)

any limitations; and

(e)

responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.HEC.105 Specific HEC equipment

(a) The helicopter shall be equipped with:

(1)

hoist operations equipment or cargo hook;

(2)

one cargo safety mirror or alternative means to see the hook; and

(3)

one load meter, unless there is another method of determining the weight of the load.

(b) The installation of all hoist and cargo hook equipment and any subsequent modifications shall have an airworthiness approval appropriate to the intended function.

SECTION 4 U.K. Parachute operations (PAR)

NCO.SPEC.PAR.100 Checklist

The checklist for PAR shall contain:

(a)

normal, abnormal and emergency procedures;

(b)

relevant performance data;

(c)

required equipment;

(d)

any limitations; and

(e)

responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.PAR.105 Carriage of crew members and task specialists

The requirement laid down in NCO.SPEC.120(c) shall not be applicable for task specialists performing parachute jumping.

NCO.SPEC.PAR.110 Seats

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.

NCO.SPEC.PAR.115 Supplemental oxygen

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:

(a)

exceeds 13 000 ft, for a period of not more than 6 minutes;, or

(b)

exceeds 15 000 ft, for a period of not more 3 minutes.

NCO.SPEC.PAR.120 Release of dangerous goods

Notwithstanding NCO.SPEC.160, parachutists may 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 whilst carrying smoke train devices, provided these are manufactured for this purpose.

SECTION 5 U.K. Aerobatic flights (ABF)

NCO.SPEC.ABF.100 Checklist

The checklist for ABF shall contain:

(a)

normal, abnormal and emergency procedures;

(b)

relevant performance data;

(c)

required equipment;

(d)

any limitations; and

(e)

responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.ABF.105 Documents and information

The following documents and information listed in NCO.GEN.135(a) need not be carried during aerobatic flights:

(a)

details of the filed ATS flight plan, if applicable;

(b)

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

(c)

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

NCO.SPEC.ABF.110 Equipment

The following equipment requirements need not be applicable to aerobatic flights:

(a)

first-aids kit as laid down in NCO.IDE.A.145 and NCO.IDE.H.145;

(b)

hand-fire extinguishers as laid down in NCO.IDE.A.160 and NCO.IDE.H.180; and

(c)

emergency locator transmitters or personal locator beacons as laid down in NCO.IDE.A.170 and NCO.IDE.H.170.’.