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 (c. 140)

ANNEX I U.K.

Annexes I, III, IV, VI and VIII to Regulation (EU) No 965/2012 are amended as follows:

(1)

In Annex I the following point (109a) is inserted:

‘(109a) “Sterile flight crew compartment” means any period of time when the flight crew members are not disturbed or distracted, except for matters critical to the safe operation of the aircraft or the safety of the occupants;’.

(2)

In Annex III (PART-ORO):

(a)

in ORO.GEN.110, point (f) is replaced by the following:

‘(f) The operator shall establish procedures and instructions for the safe operation of each aircraft type, containing ground staff and crew member duties and responsibilities, for all types of operation on the ground and in flight. Those procedures and instructions shall not require crew members to perform any activities during critical phases of flight other than those required for the safe operation of the aircraft. Procedures and instructions for a sterile flight crew compartment shall also be included.’;

(b)

in ORO.MLR.105, point (a) is replaced by the following:

‘(a) A minimum equipment list (MEL) shall be established as specified under point 8.a.3 of Annex IV to Regulation (EC) No 216/2008, based on the relevant master minimum equipment list (MMEL) as defined in the data established in accordance with Regulation (EU) No 748/2012. If an MMEL has not been established as part of the operational suitability data, the MEL may be based on the relevant MMEL accepted by the State of Operator or Registry as applicable.’.

(3)

In Annex IV (PART-CAT) the following point is inserted:

‘CAT.GEN.MPA.124 Taxiing of aircraft

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

(4)

In Annex VI (PART-NCC) the following point is inserted:

‘NCC.GEN.119 Taxiing of aircraft

The operator shall establish procedures for taxiing to ensure safe operation and to enhance runway safety.’.

(5)

In Annex VIII (PART-SPO) the following point is inserted:

‘SPO.GEN.119 Taxiing of aircraft

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

ANNEX II U.K.

Annexes II, III, IV, VII and VIII to Regulation (EU) No 965/2012 are corrected as follows:

(1)

In Annex II:

(a)

point ARO.GEN.220(a)(8) is replaced by the following:

‘(8) oversight of operations of other-than complex motor-powered aircraft by non-commercial operators;’;

(b)

point ARO.GEN.300(a)(3) is replaced by the following:

‘(3) continued compliance with the applicable requirements of non-commercial operators of other-than complex motor-powered aircraft; and’.

(2)

In Annex III:

(a)

point ORO.GEN.110(k)(ii) is replaced by the following:

‘(ii) other-than complex motor-powered helicopters, single-engined, with a MOPSC of 5 or less,’;

(b)

point ORO.FC.005(b)(2) is replaced by the following:

‘(2) commercial air transport operations of passengers conducted under visual flight rules (VFR) by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with

• single-engined propeller-driven aeroplanes having a maximum certified take-off mass of 5 700 kg or less and a MOPSC of 5, or

• other-than complex motor-powered helicopters, single-engined, with a MOPSC of 5.’;

(c)

point ORO.FC.105(d)(2) is replaced by the following:

‘(2) commercial air transport operations of passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site or within a local area specified by the competent authority, with other-than complex motor-powered helicopters, single-engined, with a MOPSC of 5.’;

(d)

point ORO.FC.230(b)(4) is replaced by the following:

‘(4) The flight crew member involved in operations by day and over routes navigated by reference to visual landmarks with an other-than complex motor-powered helicopter may complete the operator proficiency check in only one of the relevant types held. The operator proficiency check shall be performed each time on the type least recently used for the proficiency check. The relevant helicopter types that may be grouped for the purpose of the operator proficiency check shall be contained in the operations manual.’;

(e)

point ORO.FC.230(b)(5) is replaced by the following:

‘(5) Notwithstanding ORO.FC.145(a)(2), for operations of other-than complex motor-powered helicopters by day and over routes navigated by reference to visual landmarks and performance class B aeroplanes, the check may be conducted by a suitably qualified commander nominated by the operator, trained in CRM concepts and the assessment of CRM skills. The operator shall inform the competent authority about the persons nominated.’.

(3)

In Annex IV:

(a)

in point CAT.GEN.MPA.180(b) the introductory wording is replaced by the following:

‘(b) Notwithstanding (a), for operations under visual flight rules (VFR) by day with other-than complex motor-powered aircraft taking off and landing at the same aerodrome or operating site within 24 hours, or remaining within a local area specified in the operations manual, the following documents and information may be retained at the aerodrome or operating site instead:’;

(b)

point CAT.OP.MPA.100(b)(1) is replaced by the following:

‘(1) operations under VFR by day of other-than complex motor-powered aeroplanes;’;

(c)

point CAT.OP.MPA.105(b)(1) is replaced by the following:

‘(1) other-than complex motor-powered aeroplanes; and’;

(d)

point CAT.OP.MPA.130(a) is replaced by the following:

‘(a) Except for VFR operations of other-than complex motor-powered aeroplanes, the operator shall establish appropriate operating departure and arrival/approach procedures for each aeroplane type taking into account the need to minimise the effect of aircraft noise.’;

(e)

point CAT.OP.MPA.135(c) is replaced by the following:

‘(c) point (a)(1) shall not apply to operations under VFR by day of other-than complex motor-powered aircraft on flights that depart from and arrive at the same aerodrome or operating site.’;

(f)

point CAT.OP.MPA.175(c)(1) is replaced by the following:

‘(1) other-than complex motor-powered aeroplane taking off and landing at the same aerodrome or operating site; or’.

(4)

In Annex VII:

(a)

the title is replaced by the following:

‘NON-COMMERCIAL AIR OPERATIONS WITH OTHER-THAN COMPLEX MOTOR-POWERED AIRCRAFT’;

(b)

point NCO.SPEC.100 is replaced by the following:

‘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.’.

(5)

In Annex VIII:

(a)

point SPO.GEN.005(b) is replaced by the following:

‘(b) Notwithstanding (a), non-commercial specialised operations with other-than complex motor-powered aircraft shall comply with Annex VII (Part-NCO).’;

(b)

in point SPO.GEN.005(c), the introductory wording is replaced by the following:

‘(c) Notwithstanding point (a), the following operations with other-than complex motor-powered aircraft may be conducted in accordance with Annex VII (Part-NCO):’;

(c)

point SPO.IDE.A.160(c) is replaced by the following:

‘(c) for other-than complex motor-powered aeroplanes, a seat belt with upper torso restraint system on each flight crew seat, having a single point release.’;

(d)

in point SPO.IDE.H.195, the title is replaced by the following:

‘Flight over water — other-than complex motor-powered helicopters’;

(e)

in point SPO.IDE.H.203, the introductory wording is replaced by the following:

‘Complex motor-powered helicopters operated on a flight over water in a hostile environment at a distance from land corresponding to more than 10 minutes' flying time at normal cruising speed and other-than complex motor-powered helicopters flying over water in a hostile environment beyond a distance of 50 NM from land shall be:’.