The Aviation Safety (Amendment) Regulations 2024

Amendment of Annex 1 to Commission Regulation (EU) No 965/2012

4.—(1) Annex 1 (definitions) is amended as follows.

(2) After point (5) insert—

“(6) ‘aerodrome operating minima’ means the limits of usability of an aerodrome for:

(a) take-off, expressed in terms of RVR, or VIS, or both and also, if necessary, ceiling;

(b) landing in 2D instrument approach operations, expressed in terms of RVR, or VIS, or both and MDA or MDH, and, if necessary, ceiling; or

(c) landing in 3D instrument approach operations, expressed in terms of RVR, or VIS, or both, and DA or DH, as appropriate to the type or category, or both type and category, of the operation;”.

(3) After point (8b) insert—

“(8c) ‘alternate aerodrome’ means an adequate aerodrome to which an aircraft may proceed when it becomes either impossible, or inadvisable, to proceed to, or land at, the aerodrome of intended landing:

(i) where the necessary services and facilities are available;

(ii) where aircraft performance requirements can be met; and

(iii) which is operational at the expected time of use;”.

(4) Omit point (11).

(5) After point (11) insert—

“(11a) ‘basic fuel scheme’ means a fuel scheme that:

(a) ensures a safe, effective and efficient operation of the aircraft; and

(b) is established from a large-scale analysis of safety and operational data gathered from industry based on previous performance and experience applying scientific principles;

(11b) ‘basic fuel scheme with variations’ means a basic fuel scheme that has been varied based on the analysis of safety and operational data from previous performance and experience of the industry, applying scientific principles;”.

(6) Omit points (13) to (16).

(7) After point 18 insert—

“(18a) ‘ceiling’ means the height above the ground or water of the base of the lowest layer of cloud below 6000 m (20000 ft) covering more than half the sky;”.

(8) For point (20) substitute—

“(20) ‘circling’ means the visual phase of a circling approach;

(20a) ‘circling approach’ means an extension of an IAP which provides for visual circling of the aerodrome prior to landing;”.

(9) In point (26), after the second and third occurrence of “fuel” insert “or energy”.

(10) In point (27), for the words from “to a point approximately” to the end, substitute—

“:

(a) for a straight-in approach, to a point approximately 15 m (50 ft) above the landing runway threshold or the point where the flare manoeuvre begins; or

(b) for a circling approach, until MDA or MDH or visual flight manoeuvre altitude or height is reached;”.

(11) After point (27) insert—

“(27a) ‘controlling RVR’ means the reported values of one or more RVR reporting locations (touchdown, mid-point and stop-end) used to determine whether operating minima are or are not met. Where RVR is used, the controlling RVR is the touchdown RVR, unless otherwise specified by criteria of the State of the aerodrome;”.

(12) After point (31) insert—

“(32) ‘current fuel scheme’ means the approved fuel or energy scheme that is being used at the time by the operator;”.

(13) After point (35) insert—

“(35a) ‘decision altitude (DA)’ means a specified altitude in a 3D instrument approach operation at which a missed approach procedure must be initiated if the required visual reference to continue the approach has not been established;

(35b) ‘decision height (DH)’ means a specified height in a 3D instrument approach operation at which a missed approach procedure must be initiated if the required visual reference to continue the approach has not been established;”.

(14) After point (38) insert—

“(38a) ‘destination alternate aerodrome’ means an alternate aerodrome at which an aircraft would be able to land if it becomes either impossible, or inadvisable, to land at the aerodrome of intended landing;”.

(15) For point (46) substitute—

“(46) ‘en route alternate (ERA) aerodrome’ means an alternate aerodrome at which an aircraft would be able to land if a diversion becomes necessary while en route;”.

(16) After point (46) insert—

“(46a) ‘enhanced flight vision system (EFVS)’ means an electronic means to provide the flight crew with a real-time sensor-derived, or enhanced display of, the external scene topography through the use of imaging sensors which is integrated with a flight guidance system and implemented on a head-up display or an equivalent display system;

(46b) ‘EFVS operation’ means an operation in which visibility conditions require an EFVS to be used instead of natural vision in order to perform an approach or landing, identify the required visual references, or conduct a roll-out;

(46c) ‘EFVS 200 operation’ means an operation with an operational credit in which visibility conditions require an EFVS to be used down to 200 ft above the FATO or runway threshold and after that point, natural vision is used and the RVR must not be less than 550 m;”.

(17) For point (47) substitute—

“(47) ‘enhanced vision system (EVS)’ means an electronic means to provide the flight crew with a real-time image of the actual external scene topography through the use of imaging sensors;”.

(18) After point (48a) insert—

“(48b) ‘final approach segment (FAS)’ means that segment of an IAP in which alignment and descent for landing are accomplished;”.

(19) After point (49b) insert—

“(49ba) ‘flight following’ means the recording in real time of departure and arrival messages by operational personnel to ensure that a flight is operating and has arrived at the destination aerodrome or an alternate aerodrome;

(49bb) ‘flight monitoring’ means flight following where there is also:

(a) operational monitoring of flights by suitably qualified operational control personnel from departure throughout all phases of the flight;

(b) communication of all available, and relevant, safety information between the operational-control personnel on the ground and the flight crew; and

(c) critical assistance given to the flight crew in the event of an in-flight emergency, security issue, or at the request of the flight crew;”.

(20) After point (50) insert—

“(50a) ‘flight time’ means:

(a) for aeroplanes, the total time from the moment an aeroplane first moves for the purpose of taking off until the moment the aeroplane finally comes to rest at the end of the flight;

(b) for helicopters, the total time between the moment a helicopter’s rotor blades start turning for the purpose of taking off until the moment the helicopter finally comes to rest at the end of the flight and the rotor blades are stopped;

(50b) ‘fuel en route alternate (FE ERA) aerodrome’ means an ERA aerodrome that is required at the planning stage for use in the calculation of fuel or energy;”.

(21) For point (51) substitute—

“(51) ‘fuel scheme’ means a scheme for the use of fuel or energy that is a basic fuel scheme, a basic fuel scheme with variations or an individual fuel scheme;”.

(22) After point (52) insert—

“(52a) ‘go around’ means a transition from an approach operation to a stabilised climb and includes manoeuvres conducted at, or above, the MDA, MDH, DA or DH, or below the DA or DH (for balked landings);”.

(23) For point (56) substitute—

“(56) ‘head-up display landing system (HUDLS)’ means the total airborne system (including the sensors, computers, power supplies, indications and controls) which provides heads-up guidance to enable the pilot to either manually control the flightpath of the aircraft or to monitor the auto-pilot during take-off (if applicable), approach and landing (and roll-out if applicable), or go around;”.

(24) After point (69a) insert—

“(69aa) ‘individual fuel scheme’ means a basic fuel scheme that has been modified based on a comparative analysis of an operator’s safety and operational data applied using scientific principles;”.

(25) After point (69c) insert—

“(69d) ‘instrument approach operation’ means an approach and landing using instruments for navigation guidance based on an IAP and is either:

(a) a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; or

(b) a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance;

(69e) ‘instrument approach procedure (IAP)’ means a series of pre-determined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and, after that, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply;”.

(26) After point (72) insert—

“(72za) ‘line check’ means a check conducted by the operator and completed by the pilot, or the technical crew member, to demonstrate competence carrying out normal line operations described in the operations manual;”.

(27) For points (74) and (75) substitute—

“(74) ‘low-visibility operations (LVOs)’ means approach or take-off operations on a runway with a RVR less than 550 m or with a DH less than 200 ft;

(75) ‘low-visibility take-off (LVTO)’ means a take-off with an RVR less than 550 m;”.

(28) Omit point (76).

(29) After point (78a) insert—

“(78aa) ‘minimum descent altitude (MDA)’ means a specified altitude in a 2D instrument approach operation, or circling approach, below which descent must not be made without the required visual reference;

(78ab) ‘minimum descent height (MDH)’ means a specified height in a 2D instrument approach operation, or circling approach, below which descent must not be made without the required visual reference;”.

(30) After point (78b) insert—

“(78c) ‘multi-crew cooperation (MCC)’ means the functioning of the flight crew as a team of cooperating members led by the pilot in command;”.

(31) Omit point (83).

(32) After point (85) insert—

“(85a) ‘obstacle clearance altitude (OCA)’ means the lowest altitude above the elevation of the relevant runway threshold, or the aerodrome elevation, as applicable, used in establishing compliance with the appropriate obstacle clearance criteria;

(85b) ‘obstacle clearance height (OCH)’ means the lowest height, above the elevation of the relevant runway threshold, or the aerodrome elevation, as applicable, used in establishing compliance with the appropriate obstacle clearance criteria;”.

(33) After point (91) insert—

“(91a) ‘operational credit’ means a credit for operations with an advanced aircraft enabling lower operating minima than would normally be established by the operator for a basic aircraft, based upon the performance of advanced aircraft systems utilising the available external infrastructure;

(91b) ‘operator proficiency check’ means a check conducted by the operator and completed by the pilot, or the technical crew member, to demonstrate competence in carrying out normal, abnormal and emergency procedures;”.

(34) Omit point (92).

(35) After point (103a) insert—

“(103aa)  ‘required visual reference’ means that section of the visual aids or of the approach area which should have been in view for sufficient time for the pilot to have made an assessment of the aircraft position and rate of change of position, in relation to the desired flight path. In Category III operations with a DH, the required visual reference is that specified for the particular procedure and operation;”.

(36) After point (104) insert—

“(104a) ‘safe landing’, where used in the context of a fuel or energy policy or a fuel scheme, means a landing at an adequate aerodrome, or operating site, in compliance with the applicable operational procedures and aerodrome operating minima and with no less than the final reserve of fuel or energy remaining;”.

(37) After point (119) insert—

“(119a) ‘take-off alternate aerodrome’ means an alternate aerodrome at which an aircraft would be able to land shortly after take-off if it becomes necessary and where it is not possible to land at the departure aerodrome;”.

(38) After point (120) insert—

“(120za)  ‘training to proficiency’ means training designed to achieve end-state performance objectives, providing sufficient assurance to the operator that the trained individual is capable of consistently carrying out specific tasks safely and effectively;”.

(39) After point (124) insert—

“(124a) ‘visibility (VIS)’ means visibility for aeronautical purposes, which is the greater of:

(a) the greatest distance at which a black object of suitable dimensions, situated near the ground, can be seen and recognised when observed against a bright background; and

(b) the greatest distance at which lights in the vicinity of 1000 candelas can be seen and identified against an unlit background;”.

(40) In point (125)—

(a) after the second occurrence of “approach” insert “operation by an IFR flight”;

(b) for “is executed” substitute “operation is completed”.