The Aviation Safety (Amendment) Regulations 2024

Amendment of Annex 6 to Commission Regulation (EU) No 965/2012

9.—(1) Annex 6 (non-commercial air operations with complex motor-powered aircraft (part-NCC)) is amended as follows.

(2) In Subpart B (operational procedures)—

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

“NCC.OP.101 Altimeter check and settings

The operator must establish procedures for:

(a) altimeter checking before each departure.

(b) altimeter settings for all phases of flight, which must take into account the procedures established by the State of the aerodrome or the State of the airspace if applicable.”;

(b) in point NCC.OP.105 (specification of isolated aerodromes – aeroplanes)—

(i) after “fuel” insert “or energy planning and in-flight replanning”;

(ii) for “shall” substitute “must not”;

(iii) for “if” substitute “unless”;

(iv) for “adequate” substitute “weather-permissible”;

(c) for point NCC.OP.110 (aerodrome operating minima – general) substitute—

“NCC.OP.110 Aerodrome operating minima – general

(a) The operator must establish aerodrome operating minima for each departure aerodrome, destination aerodrome, or alternate aerodrome that is planned to be used 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.

(b) The method used to establish aerodrome operating minima must take the following elements into account:

(1) the type, performance and handling characteristics of the aircraft;

(2) the equipment available on the aircraft for the purpose of navigation, acquisition of visual references and the control of the flight path during take-off, approach, landing and missed approach;

(3) any conditions or limitations in the aircraft flight manual;

(4) the dimensions and characteristics of the runways or FATOs that may be selected for use;

(5) the adequacy and performance of the available visual and non-visual aids and infrastructure;

(6) the OCA or OCH for the IAP;

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

(8) any non-standard characteristics of the aerodrome, the IAP or the local environment;

(9) the composition of the flight crew, their competence and experience;

(10) the IAP;

(11) the aerodrome characteristics and the available air navigation services, if any;

(12) any minima promulgated by the State of the aerodrome where available;

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

(14) the relevant operational experience of the operator.

(c) The operator must specify a method of determining aerodrome operating minima in the operations manual.”;

(d) omit point NCC.OP.111 (aerodrome operating minima – NPA, APV, CAT I operations);

(e) in point NCC.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 points NCC.OP.130 (fuel and oil supply – aeroplanes) and NCC.OP.131 (fuel and oil supply – helicopters) substitute—

“NCC.OP.130 Fuel Scheme – aeroplanes and helicopters

(a) The operator must establish, implement and maintain a fuel scheme for aircraft that comprises:

(1) a fuel or energy planning and in-flight replanning policy;

(2) an in-flight fuel or energy management policy;

(b) The fuel scheme must:

(1) be appropriate for the type of operation performed; and

(2) correspond to the capability of the operator to support its implementation.

NCC.OP.131 Fuel scheme – fuel or energy planning and in-flight replanning policy – aeroplanes and helicopters

(a) Fuel or energy planning and in-flight replanning policy must ensure that the aircraft carries a sufficient amount of usable fuel or energy to safely complete the planned flight and to allow for deviations from the planned operation.

(b) The operator must ensure that the fuel or energy planning of flights is based upon at least the following:

(1) procedures contained in the operations manual;

(2) current aircraft specific data derived from a fuel or energy monitoring system or if that is not available, data provided by the aircraft manufacturer; and

(3) the operating conditions under which the flight is to be conducted including:

(i) aircraft fuel or energy consumption;

(ii) anticipated masses;

(iii) anticipated weather conditions;

(iv) the effect of deferred maintenance items or configuration deviations, or both;

(v) anticipated delays.

(c) For aeroplanes, the operator must ensure that the pre-flight calculation of the usable fuel or energy that is required for a flight includes:

(1) taxi fuel or energy that is not less than the amount expected to be used prior to take-off;

(2) trip fuel or energy that must be the amount of fuel or energy that is required to enable the aeroplane to fly from take-off, or from the point of in-flight replanning, to landing at the destination aerodrome;

(3) contingency fuel;

(4) destination alternate fuel or energy:

(i) when a flight is operated with at least one destination alternate aerodrome, it must be the amount of fuel or energy required to fly from the destination aerodrome to the destination alternate aerodrome; or

(ii) when a flight is operated with no destination alternate aerodrome, it must be the amount of fuel or energy required to hold at the destination aerodrome to compensate for the lack of a destination alternate aerodrome;

(5) final reserve fuel or energy being the amount of fuel or energy that is calculated at holding speed at 1500 ft (450 m) above the aerodrome elevation in standard conditions calculated according to the estimated aircraft mass on arrival at the destination alternate aerodrome, or destination aerodrome when no destination alternate aerodrome is required, and must not be less than:

(i) for aeroplanes with reciprocating engines on VFR flight by night and IFR flights, the fuel or energy to fly for 45 minutes;

(ii) for aeroplanes with reciprocating engines on VFR flights by day, the fuel or energy to fly for 30 minutes;

(iii) for turbine-engined aeroplanes, the fuel or energy to fly for 30 minutes;

(6) additional fuel or energy, if required by the type of operation, which must be the amount of fuel or energy to enable the aeroplane to perform a safe landing at an FE ERA aerodrome (FE ERA aerodrome critical scenario) in the event of an engine failure or loss of pressurisation, whichever requires the greater amount of fuel or energy based on the assumption that such a failure occurs at the most critical point along the route; this additional fuel or energy is required only if the minimum amount of fuel or energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event;

(7) extra fuel or energy to take into account anticipated delays or specific operational constraints; and

(8) discretionary fuel or energy, if required by the commander.

(d) For helicopters, the operator must ensure that the pre-flight calculation of the usable fuel or energy that is required for a flight includes:

(1) fuel or energy to fly to the aerodrome or operating site of intended landing;

(2) if a destination alternate aerodrome is required, destination alternate fuel or energy which is the amount of fuel or energy that is required to execute a missed approach at the aerodrome or operating site of intended landing and afterwards to fly to the specified destination alternate aerodrome, approach and land; and

(3) final reserve fuel or energy which must not be less than:

(i) for flights under VFR, fuel or energy to fly for at least 20 minutes at best-range speed; or

(ii) for IFR flights, fuel or energy to fly for at least 30 minutes at holding speed at 450 m (1500 ft) above the aerodrome or operating site of intended landing or destination alternate in standard temperature conditions.

(e) The operator must ensure that if a flight has to proceed to a destination aerodrome other than the one originally planned, in-flight replanning procedures for calculating the required usable fuel or energy are available and comply with points (c)(2) to (c)(7) for aeroplanes, and point (d) for helicopters.

(f) The pilot-in-command must not commence a flight or continue a flight in the event of in-flight replanning unless satisfied that the aircraft carries at least the planned amount of usable fuel or energy and oil to safely complete the flight.”;

(g) after point NCC.OP.145 (flight preparation) insert—

“NCC.OP. 147 Destination alternate aerodromes planning minima - aeroplanes

The operator must not select an aerodrome as a destination alternate aerodrome for an aeroplane unless the latest available weather information indicates that the criteria in points (a), (b) or (c) will be met during either the period from an hour before the estimated time of arrival (“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.

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

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

(2) a visibility of at least the higher of 1500 m and 800 m above the instrument approach operation RVR or VIS minima.

(b) for an alternate aerodrome with an instrument approach operation with DH or MDH of 250 ft or more:

(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 3000 m.

(c) 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 5000 m.

NCC.OP. 148 Destination alternate aerodromes planning minima – helicopters

The operator must not select an aerodrome as a destination alternate aerodrome for a helicopter unless the latest available weather information indicates that the criteria in points (a) or (b) will be met during either the period from an hour before the ETA to an hour after the ETA or the period from actual time of departure to an hour after the ETA whichever is the shorter.

(a) for an alternate aerodrome with an IAP:

(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.

(b) for an alternate aerodrome without an IAP:

(1) a ceiling of at least 2000 ft or the minimum safe IFR height, whichever is the greater; and

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

(h) in point NCC.OP.151 (destination alternate aerodrome - aeroplanes), in point (b), for “isolated” substitute “designated an isolated aerodrome”;

(i) in point NCC.OP.155 (refuelling with passengers embarking, on board or disembarking), in point (b), after “fuel” insert “or energy”;

(j) after point NCC.OP.155 insert—

“NCC.OP.157 Refuelling with engine or rotors turning - helicopters

(a) Refuelling of helicopters with an engine running or rotors turning must only be conducted:

(1) when no passenger is embarking or disembarking;

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

(3) in accordance with any specific procedures and limitations in the aircraft flight manual;

(4) with JET A or JET A-1 fuel types; and

(5) in the presence of appropriate rescue and firefighting facilities or equipment.

(b) The helicopter operator must:

(i) establish appropriate procedures to be followed by all involved personnel, such as crew members and ground operations personnel;

(ii) assess the risk associated with refuelling a helicopter with either engine running or engine running and rotors turning;

(iii) train its crew members and ensure that the involved ground operations personnel are appropriately trained;

(iv) ensure that the helicopter refuelling procedure with engine or rotors turning or both is specified in the operations manual and approved by the CAA before implementation. Any change to that procedure must have prior CAA approval.”;

(k) for point NCC.OP.195 (take-off conditions) substitute—

“NCC.OP.195 Take off conditions - aeroplanes and helicopters

Before commencing take-off of an aircraft, the pilot-in-command must be satisfied that:

(a) the weather conditions at the aerodrome or the operating site, together with the condition of the runway or FATO intended to be used, will not prevent a safe take-off and departure; and

(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) the flight crew qualifications.”;

(l) in point NCC.OP.205 (in-flight fuel management)—

(i) in point (a) after each occurrence of “fuel” insert “or energy”;

(ii) for point (b) substitute—

“(b) 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.

(c) The pilot-in-command 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 traffic delays, may result in landing with less than the planned final reserve fuel or energy.

(d) The pilot-in-command must declare a situation of ‘fuel or energy emergency’ by broadcasting ‘MAYDAY, MAYDAY, MAYDAY fuel’ when the useable 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 of fuel or energy.”;

(m) for point NCC.OP.225 (approach and landing conditions - aeroplanes) substitute—

“NCC.OP.225 Approach and landing conditions – aeroplanes and helicopters

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

(a) the weather conditions at the aerodrome or the operating site and the condition of the runway or FATO intended to be used will not prevent a safe approach, landing or go-around taking into consideration the performance information contained in the operations manual; and

(b) the selected aerodrome operating minima are consistent with:

(1) the operative ground equipment;

(2) the operative aircraft systems;

(3) the aircraft performance;

(4) the flight crew qualifications.”;

(n) omit point NCC.OP.226 (approach and landing conditions – helicopters);

(o) for point NCC.OP.230 (commencement and continuation of approach) substitute—

“NCC.OP.230 Commencement and continuation of approach

The pilot-in-command must ensure that:

(a) for aeroplanes, if the reported VIS, or controlling RVR, for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

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

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

(b) for helicopters, if the reported RVR is less than 550 m and the controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued:

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

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

For all aircraft:

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

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

(e) Notwithstanding point (a), in the case where no RVR is reported, and the reported VIS is less than the applicable minimum, but the converted meteorological visibility is equal to, or greater than, the applicable minimum then the instrument approach can be continued to the DA or DH or MDA or MDH.

(f) Notwithstanding points (a) and (b), if there is no intention to land, the instrument approach may be continued to the DA or DH or MDA or MDH. A missed approach must be executed at or before the DA or DH or MDA or MDH.”;

(p) after point NCC.OP.230 (commencement and continuation of approach) insert—

“NCC.OP.235 EFVS 200 operations

(a) When conducting EFVS 200 operations with operational credits and without a specific approval, an operator must ensure:

(1) the aircraft is certified for the intended operation;

(2) only runways, FATOs and IAPs suitable for EFVS operations are used;

(3) 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 is established;

(4) operating procedures are established;

(5) any relevant information is documented in the minimum equipment list;

(6) any relevant information is documented in the maintenance programme;

(7) safety assessments are carried out and performance indicators are established to monitor the level of safety of the operation;

(8) the aerodrome operating minima take into account the capability of the system used.

(b) The operator must not conduct EFVS 200 operations when conducting LVOs.

(c) Notwithstanding point (a)(1), the operator may use EVS meeting the minimum criteria to conduct EFVS 200 operations, provided that this is approved by the CAA.”;

(3) In Subpart C (aircraft performance and operating limitations), in point NCC.POL.110 (mass and balance data and documentation), in points (a)(6) to (7) and (a)(9) after “fuel” insert “or energy”.