SPA.HOFO.100 point (c) details that SPA.HOFO applies to declared non-commercial operators. Some parts of Part-HOFO only apply for complex aircraft however.

Hello Jente, thank you for your feedback. My understanding is that SPA.HOFO.100 only talks about declared NCC or CAT, but as NCO is not declared, it doesn't apply. How do you read that?

Hi Kelly,

I thought this was an easy answer! Check out the Cover Regulation for 965/2012, which is the 'high level' wrapper for the Regulation (it's in EASA Easy Access Rules, Rev 19, Nov 22).

The Cover Regulation Article 5 says:
'2. Operators shall comply with the relevant provisions of Annex V when operating:
(g) helicopters used for offshore operations (HOFO).'
This doesn't say NCC or NCO, but 'helicopters', which suggests all of them.

I made a post about this earlier, but deleted it because......Jente is absolutely right that SPA.HOFO applies only to operations required to comply with Part-ORO, and this does not include operations in compliance with Part-NCO.

So, what did the rule makers mean?

EASA's Notice of Proposed Amendment 2013-10 (yes, that long ago!), includes in the Executive Summary: 'Proportionality and level playing field for helicopter offshore operations are ensured by appropriate safety measures for the different types of operations. While CAT, NCC and SPO operators are required to follow the new Subpart SPA.HOFO, NCO operations are excluded from these operations.'

At the next stage of rulemaking, EASA's Comment & Response Document (2013-10, page 6) also states: 'Consequently, the Agency maintains the view that NCO should be excluded from this proposal.'

Finally, EASA's Opinion (04/2015) to the EU Commission states: ' To achieve this, a new Subpart K of Annex V (Part-SPA) to Commission Regulation (EU) No 965/2012, applicable to CAT, NCC and SPO, is proposed through this Opinion.'

So, I think you could feel comfortable (no longer grey!) that SPA.HOFO does not apply to operations under Part-NCO - but, for safety's sake, and as a Part-NCC & SPO operator - all that stuff about risk management is a very good idea!

Best wishes,

Chester

Hi Chester! You've made my day! Thank you very much for taking the time to chime in.

Kind regards

Kelly

I hope it helps.
I am intrigued though - are you able to say what 'offshore ops' are being conducted non-commercially in Other Than Complex helicopters?
(NB. EASA definition of 'offshore operations' is related to oil, gas and mineral exploration, production, storage and transport; support to offshore wind turbines and other renewable-energy sources; or support to ships including sea pilot transfer (Ref GM9 Annex 1 Definitions).
Maybe 'Support to ships' can be used inappropriately by a competent authority to capture some unintended operations....
Cheers,
Chester

Yes, we do sea pilot transfers by hoist with a Dauphin N3, but we are considering moving to a H135 which would means operating under NCO. What I'm pretty sure though is that at some point in the near future EASA will require these kind of operations to apply either SPA.HOFO or SPO which would delete all the leeway provided by NCO, it's just a matter of time! Thank you again for your feedback Chester. Cheers. Kelly

Hi Kelly,
I know you know this, but many of the rules depend on whether the operations are commercial or non-commercial ('commercial operations' - still defined in the old Basic Regulation 216/2008, applicable until September this year).
In the meanwhile, NCO.SPEC.HEC (human external cargo), might cover things?
(sorry, I didn't invent this!).
cheers,
chester

Hey Chester, yes we are a non-commercial operation. The only requirements from NCO.SPEC.HEC (Cpt should have access to a checklist, and SOP) are really light though. Take care

Hey Kelly, excuses for my really late answer. I'm happy to read that Chester has given a bit more detail! Kind regards, Jente