The Aviation Safety (Amendment) Regulations 2024

Amendment of Annex 7 to Commission Regulation (EU) No 965/2012

10.—(1) Annex 7 (non-commercial air operations with other-than complex motor-powered aircraft – part-NCO) is amended as follows.

(2) In Subpart B (operational procedures)—

(a) after point NCO.OP.100 (use of aerodromes and operating sites) insert—

“NCO.OP.101 Altimeter check and settings

The pilot-in-command must:

(a) check the proper operation of the altimeter before each departure;

(b) use appropriate altimeter settings for all phases of flight, taking into account any procedure prescribed by the State of the aerodrome or the State of the airspace, if applicable.”;

(b) omit point NCO.OP.105 (specification of isolated aerodromes – aeroplanes);

(c) in point NCO.OP.110 (aerodrome operating minima – aeroplanes and helicopters)—

(i) for point (a) substitute—

“(a) For IFR flights, the pilot-in-command must establish aerodrome operating minima for each planned departure aerodrome, destination aerodrome or alternate aerodrome in order to ensure separation of the aircraft from terrain and obstacles and to mitigate the risk of loss of visual references during the visual flight segment of instrument approach operations.”;

(ii) for points (b)(6) to (b)(9) substitute—

“(6) any conditions or limitations stated in the aircraft flight manual;

(7) the obstacles in the climb-out areas and clearance margins;

(8) the OCA or OCH in the IAP if established;

(9) the IAP, if established;

(10) the aerodrome characteristics and the type of air navigation service available;

(11) any minima promulgated by the State of the aerodrome, where available; and

(12) the conditions prescribed in any specific approvals for LVOs or operations with operational credits.”;

(d) for point NCO.OP.111 (aerodrome operating minima – NPA, APV, CAT1 operations) substitute—

“NCO.OP.111 Aerodrome operating minima – 2D and 3D approach operations

(a) The DH to be used for a 3D approach operation or 2D approach operation flown with the CDFA technique must not be lower than the highest of:

(1) the OCH for the category of aircraft;

(2) the published approach procedure DH or MDH, where applicable;

(3) the system minimum specified in Table 1; or

(4) the minimum DH specified in the aircraft flight manual or equivalent.

(b) The MDH for a 2D approach operation flown without the CDFA technique must not be lower than the highest of:

(1) the OCH for the category of aircraft;

(2) the published approach procedure MDH, where applicable;

(3) the system minimum specified in Table 1; or

(4) the minimum MDH specified in the aircraft flight manual, if stated.

Table 1

System Minima

Facility	Lowest DH or MDH (ft)
ILS/MLS/GLS	200
GNSS/SBAS (LPV)	200
Precision approach radar (PAR)	200
GNSS/SBAS (LP)	250
GNSS (LNAV)	250
GNSS/Baro-VNAV (LNAV/VNAV)	250
Helicopter point-in-space approach	250
LOC with or without DME	250
SRA (terminating at ½ NM)	250
SRA (terminating at 1 NM)	300
SRA (terminating at 2 NM or more)	350
VOR	300
VOR/DME	250
NDB	350
NDB/DME	300
VDF	350;”

(e) in point NCO.OP.112 (aerodrome operating minima – circling operations with aeroplanes), in point (b)—

(i) in point (2), for “2” substitute “1”;

(ii) omit point (3);

(f) for point NCO.OP.125 (fuel and oil supply – aeroplanes) substitute—

“NCO.OP.125 – Fuel, energy and oil supply -aeroplanes or helicopters

The pilot-in-command of an aircraft must:

(a) ensure that the aircraft carries a sufficient quantity of fuel or energy and oil, taking into account the weather conditions, any element affecting the performance of the aircraft, any delays that are expected in flight and any contingencies that may reasonably be expected to affect the flight;

(b) plan a quantity of fuel or energy to be protected as final reserve fuel or energy to ensure a safe landing, taking into account points (1) and (2), in that priority order, to determine the quantity of the final reserve fuel or energy:

(1) the severity of the hazard to persons or property that could result from an emergency landing after fuel or energy starvation;

(2) the likelihood of unexpected circumstances resulting in the final reserve fuel or energy may no longer be protected;

(c) commence a flight only if the aircraft carries sufficient fuel or energy and oil:

(1) when no destination alternate aerodrome is required, to fly to the aerodrome or operating site of intended landing, plus the final reserve fuel or energy; or

(2) when a destination alternate aerodrome is required, to fly to the aerodrome or operating site of intended landing, and afterwards, to an alternate aerodrome, plus the final reserve fuel or energy.”;

(g) omit point NCO.OP.126 (fuel and oil supply – helicopters);

(h) for point NCO.OP.140 (destination alternate aerodromes – aeroplanes) to point NCO.OP.142 (destination alternate aerodromes – instrument approach operations) substitute—

“NCO.OP.140 Destination alternate aerodromes – aeroplanes

For IFR flights, the pilot-in-command of an aeroplane must specify at least one destination alternate aerodrome in the flight plan, unless the latest available weather information for the destination, for the period from an hour before the ETA to an hour after the ETA or the period from the actual time of departure to an hour after the ETA, whichever is the shorter, indicates that there will be a ceiling of at least 1000 ft above the DH or MDH for an IAP and a visibility of at least 5000 metres.

NCO.OP.141 Destination alternate aerodromes – helicopters

For IFR flights, the pilot-in-command of a helicopter must specify at least one destination alternate aerodrome in the flight plan, unless the latest available weather information, for the period from an hour before the ETA to an hour after the ETA or the period from the actual time of departure to an hour after the ETA, whichever is the shorter, indicates that there will be a ceiling of at least 1000 ft above the DH or MDH for an IAP and a visibility of at least 3000 metres.

NCO.OP.142 Destination alternate aerodrome – instrument approach operations

The pilot-in-command of an aircraft must only select an aerodrome as a destination alternate aerodrome if either:

(a) an IAP that does not rely on GNSS is available either at the destination aerodrome or at a destination alternate aerodrome; or

(b) all of the following conditions are met:

(1) the onboard GNSS equipment is SBAS capable;

(2) the destination aerodrome, any destination alternate aerodrome, and the route between them are within SBAS service area;

(3) ABAS is predicted to be available in the event of the unexpected unavailability of SBAS;

(4) an IAP is selected (either at destination or destination alternate aerodrome) that does not rely on the availability of SBAS;

(5) an appropriate contingency action allows the flight to be completed safely in the event of the unavailability of GNSS.”;

(i) after point NCO.OP.142 insert—

“NCO.OP.143 Destination alternate aerodromes planning minima - aeroplanes

An aerodrome must not be specified as a destination alternate aerodrome for an aeroplane unless the latest available weather information indicates, for the period from an hour before until an hour after the ETA or the period from the actual time of departure to an hour after the ETA, whichever is the shorter, that:

(a) for an alternate aerodrome with an available instrument approach operation with DH less than 250 ft, there will be:

(1) a ceiling of at least 200 ft above the DH or MDH associated with the IAP, and

(2) a visibility of at least 1500 m; or

(b) for an alternate aerodrome with an instrument approach operation with DH or MDH 250 ft or more, there will be:

(1) a ceiling of at least 400 ft above the DH or MDH associated with the instrument approach operation; and

(2) a visibility of at least 3000m; or

(c) for an alternate aerodrome without an IAP, there will be:

(1) a ceiling of at least the higher of 2000 ft and the minimum safe IFR height; and

(2) a visibility of at least 5000 m.

NCO.OP.144 Destination alternate aerodromes planning minima - helicopters

An aerodrome must not be specified as a destination alternate aerodrome for a helicopter unless the available weather information indicates, for the period from 1 hour before until 1 hour after the ETA, or for the period from the actual time of departure to 1 hour after the ETA, whichever is the shorter, that:

(a) for an alternate aerodrome with an available IAP, there is:

(1) a ceiling of at least 200 ft above the DH or MDH associated with the IAP; and

(2) a visibility of at least 1500 m by day or 3000 m by night; or

(b) for an alternate aerodrome without an IAP:

(1) a ceiling of at least the higher of 2000 ft and the minimum safe IFR height; and

(2) a visibility of at least 1500 m by day or 3000 m by night.”;

(j) in point NCO.OP.145 (refuelling with passengers embarking, on board or disembarking), in point (b) after “fuel” insert “or energy”;

(k) after point NCO.OP.145, insert—

“NCO.OP.147 Refuelling with engine or rotors turning - helicopters

Refuelling a helicopter with engine running or rotors turning must only be conducted where all the following conditions are met:

(a) it is not practical to shut down or restart the engine;

(b) it is conducted in accordance with any specific procedures and limitations in the aircraft flight manual (AFM);

(c) only JET A or JET A-1 fuel types are being used;

(d) no passengers or task specialists are on board, embarking or disembarking;

(e) the operator of the aerodrome or operating site allows such operations;

(f) appropriate rescue and firefighting facilities or equipment are present; and

(g) it is conducted in accordance with a checklist that must contain:

(1) normal and contingency procedures;

(2) the required equipment;

(3) any limitations;

(4) responsibilities and duties of the pilot-in-command and, if applicable, crew members and task specialists.”;

(l) in point NCO.OP.175 (take-off conditions – aeroplanes and helicopters), for point (b) substitute—

“(b) the selected aerodrome operating minima are consistent with all of the following:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(m) for point NCO.OP.185 (in flight fuel management) substitute—

“NCO.OP.185 In-flight fuel management

(a) The pilot-in-command must monitor the amount of useable fuel or energy remaining on board to ensure that it is protected and not less than the fuel or energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

(b) The pilot-in-command of a controlled flight must advise air traffic control of a ‘minimum fuel or energy’ state by declaring “MINIMUM FUEL” when the pilot-in-command has:

(1) committed to land at a specific aerodrome or operating site; and

(2) calculated that any change to the existing clearance to that aerodrome or operating site, or other air traffic delays, may result in landing with less than the planned final reserve fuel or energy.

(c) The pilot-in-command of a controlled flight must declare a situation of ‘fuel or energy emergency’ by broadcasting ‘MAYDAY, MAYDAY, MAYDAY FUEL’ when the usable fuel or energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve fuel or energy.”;

(n) for point NCO.OP.205 (approach and landing conditions – aeroplanes) substitute—

“NCO.OP.205 Approach and landing conditions – aeroplanes and helicopters

Before commencing an approach to land, the pilot-in-command of an aircraft must be satisfied that:

(a) according to the information available, the weather conditions at the aerodrome or the operating site and the condition of the runway intended to be used will not prevent a safe approach, landing or missed approach; and

(b) the selected aerodrome operating minima take into consideration:

(1) the operative ground equipment;

(2) the operative aircraft system;

(3) the aircraft performance;

(4) flight crew qualifications.”;

(o) omit point NCO.OP.206 (approach and landing conditions – helicopters);

(p) for point NCO.OP.210 (commencement and continuation of approach – aeroplanes and helicopters) substitute—

“NCO.OP.210 Commencement and continuation of approach – aeroplanes and helicopters

(a) If the controlling RVR for the runway to be used for landing an aircraft is less than 550 m (or any lower value established in accordance with an approval under SPA.LVO) then an instrument approach operation must not be continued:

(1) below 1000 ft above the aerodrome elevation; or

(2) into the FAS if the DH or MDH is more than 1000 ft above the aerodrome elevation.

(b) If the required visual reference for an aircraft is not established, a missed approach must be executed at, or before, the DA or DH or the MDA or MDH.

(c) If the required visual reference for an aircraft is not maintained after DA or DH or MDA or MDH, a go-around must be executed promptly.”.

(3) In Subpart E (specific requirements), omit points NCO.SPEC.135 (fuel and oil supply - aeroplanes) and NCO.SPEC.140 (fuel and oil supply - helicopters).