The Aviation Safety (Amendment) Regulations 2024

Amendment of Annex 5 to Commission Regulation (EU) No 965/2012

8.—(1) Annex 5 (specific approvals - part-SPA) is amended as follows.

(2) In Subpart B (performance-based navigation (PBN) operations), in point SPA.PBN.105 (PBN operational approval), in point (f) after “APCH” insert “or RNP 0.3 helicopter”.

(3) In Subpart E (low visibility operations (LVOs))—

(a) in point SPA.LVO.100 (low visibility operations) for points (a) to (f) substitute—

“(a) take-off operations with visibility conditions of less than 400 m RVR;

(b) instrument approach operations in low-visibility conditions; and

(c) operations with operational credits, except for EFVS 200 operations, for which a specific approval is not required.”;

(b) for points SPA.LVO.105 (LVO approval) and SPA.LVO.110 (general operating requirements) substitute—

“SPA.LVO.105 Specific approval criteria

To obtain a specific approval as required by SPA.LVO.100, the operator must demonstrate that:

(a) for low-visibility approach operations, LVTO operations in an RVR less than 125 m, and operations with operational credits, the aircraft has been certified for the intended operations;

(b) the flight crew members are competent to conduct the intended operation and a training and checking programme for the flight crew members and relevant personnel involved in the flight preparation has been established in accordance with SPA.LVO.120;

(c) operating procedures for the intended operations have been established;

(d) any relevant changes to the minimum equipment list have been made;

(e) any relevant changes to the maintenance programme have been made;

(f) procedures have been established to ensure the suitability of aerodromes, including instrument flight procedures, for the intended operations, in accordance with SPA.LVO.110; and

(g) for the intended operations, a safety assessment has been carried out, and performance indicators have been established to monitor the level of safety.

SPA.LVO.110 Aerodrome-related requirements, including instrument flight procedures

The operator must ensure that only aerodromes and instrument flight procedures that are suitable for the intended operations are used for LVOs and operations with operational credits.”;

(c) omit point SPA.LVO.115 (aerodrome related requirements);

(d) for point SPA.LVO.120 (flight crew training and qualifications) substitute—

“SPA.LVO.120 Flight crew competence

(a) For all types of LVOs and operations with operational credits for which an approval has been granted, the operator must ensure that each flight crew member successfully completes training and checking which:

(1) includes initial and recurrent training and checking;

(2) includes normal, abnormal and emergency procedures;

(3) is tailored to the type of technologies used in the intended operations; and

(4) takes into account the human factor risks associated with the intended operations.

(b) The operator must ensure that the flight crew remains competent to conduct the intended operations.

(c) The operator must keep records of the training and qualifications for the flight crew members.

(d) The training and checking must be conducted by appropriately qualified personnel which in the case of flight and flight simulation training and checking requires the personnel providing the training to be qualified in accordance with Annex I (Part-FCL) of Commission Regulation (EU) No. 1178/2011.”.

(4) In Subpart H (helicopter operations with night vision imaging systems), in point SPA.NVIS.120 (NVIS operating minima), in point (a) omit “VFR”.

(5) In Subpart J (helicopter emergency medical service operations)—

(a) in point SPA.HEMS.120 (HEMS operating minima), in point (b), in the first sentence, before “ceiling” omit “cloud”;

(b) for point SPA.HEMS.150 (fuel supply) substitute—

“SPA.HEMS.150 Fuel planning policy - alleviation

Where a HEMS mission is conducted under VFR within a local and defined geographical area the fuel or energy policy must ensure that on completion of the mission, the final reserve of fuel or energy is sufficient for:

(a) 30 minutes flying time at best-range speed; or

(b) 20 minutes flying time at best-range speed by day when operating within an area providing continuous and suitable operating sites.”;

(c) omit point SPA.HEMS.155 (refuelling with passengers embarking, on-board or disembarking).

(6) In Subpart K (helicopter offshore operations)—

(a) in point SPA.HOFO.120 (selection of aerodromes and operating sites), in point (a)—

(i) for “CAT.OP.MPA.181” substitute “CAT.OP.MPA.192”;

(ii) for “land aerodrome if either:” substitute “land destination aerodrome provided that sufficient operational contingency is in place to secure a safe return from offshore.”;

(iii) omit points (1) and (2);

(b) for point SPA.HOFO.125 (airborne radar approaches (ARAs) to offshore locations – CAT operations) substitute—

“SPA.HOFO.125 Offshore standard approach procedures (OSAPs)

(a) An operator must establish procedures to ensure that no offshore standard approach procedures (OSAPs) are followed unless:

(1) the helicopter is capable of providing navigation and real-time obstacle environment information for obstacle clearance; and

(2) either:

(i) the MDH is determined from a radio altimeter or a device that provides equivalent performance, or

(ii) MDA is applied and it includes an adequate margin.

(b) If the operator follows OSAPs to rigs or vessels in transit, the flight must be conducted in multi-pilot operations.

(c) The decision range must provide adequate obstacle clearance in the missed approach from any destination for which an OSAP is planned.

(d) The approach must only be continued beyond decision range or below the MDA or MDH when visual reference to the destination has been established.

(e) For single-pilot operations, appropriate increments must be added to the MDA or MDH and decision range.

(f) When an OSAP is followed to a non-moving offshore location (such as a fixed installation or moored vessel) and a reliable GNSS position of the location is available in the navigation system, the GNSS or area navigation system must be used to enhance the safety of the OSAP.

(g) The operator must include OSAPs in its initial and recurrent training and checking programmes.”.

(7) In Subpart L (single-engined turbine aeroplane operations at night etc.), in point SPA.SET-IMC.110 (equipment requirements for SET-IMC operations), in point (l), after “fuel” insert “or energy”.