Regulation (EU) 2019/1384
(a) The competent authority shall be the authority designated by the Member State where the aircraft is registered.
(b) If the aircraft is registered in a third country, the competent authority shall be the authority designated by the Member State where the operator has its principal place of business, is established or is residing.
ED Decision 2019/019/R
DETERMINING THE PLACE WHERE AN OPERATOR IS RESIDING
For the purpose of Regulation (EU) No 965/2012, the concept of ‘place where the operator is residing’ is mainly addressed to a natural person.
The place where the operator resides is the place where the operator complies with his or her tax obligations.
Several criteria can be used to help determining a person’s place of residence. These include, for example:
(a) the duration of a person’s presence on the territory of the countries concerned;
(b) the person’s family status and ties;
(c) the person’s housing situation and how permanent it is;
(d) the place where the person pursues professional or non-profit activities;
(e) the characteristics of the person’s professional activity;
(f) the Member State where the person resides for taxation purposes.
Regulation (EU) No 800/2013
Alternative means of compliance to those adopted by the Agency may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
Regulation (EU) 2018/1975
Introductory flights referred to in Article 6(4a)(c) of this Regulation when conducted in accordance with this Annex, shall:
(a) start and end at the same aerodrome or operating site;
(b) be operated under VFR by day;
(c) be overseen by a nominated person responsible for their safety; and
(d) comply with any other conditions stipulated by the competent authority.
Regulation (EU) 2019/1384
(a) An NCO operator may use other than complex motor-powered aircraft listed on an operator's AOC to conduct non-commercial operations in accordance with this Annex.
(b) The NCO operator using the aircraft in accordance with point (a) shall establish a procedure:
(1) clearly describing how operational control of the aircraft is transferred between the AOC holder and the NCO operator, as referred to in point ORO.GEN.310 of Annex III;
(2) describing the handover procedure of the aircraft upon its return to the AOC holder.
That procedure shall be included in a contract between the AOC holder and the NCO operator.
The NCO operator shall ensure that the procedure is communicated to the relevant personnel.
(c) The continuing airworthiness of the aircraft used pursuant to point (a) shall be managed by organisation responsible for the continuing airworthiness for the aircraft included in the AOC, in accordance with Regulation (EU) No 1321/2014.
(d) The NCO operator using the aircraft in accordance with point (a) shall ensure the following:
(1) that every flight conducted under its operational control is recorded in the aircraft technical log system;
(2) that no changes to the aircraft systems or configuration are made;
(3) that any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the organisation referred to in point (c) immediately after the flight;
(4) that the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) No 376/2014 and Regulation (EU) 2015/1018.
ED Decision 2019/019/R
RESPONSIBILITIES OF THE NCO OPERATOR
(a) the way in which the shifting of operational control is communicated, including how, when and to whom the information is communicated;
(b) the means to ensure that the relevant personnel are instructed on the following:
(1) to contact the organisation responsible for the management of continuing airworthiness of the aircraft of the AOC holder (CAMO or CAO) for any defect or technical malfunction which occurs before or during the operation.
The information about any defect or malfunction should be transmitted to the CAMO/CAO of the AOC holder before the aircraft is used for the next flight. The same information should be confirmed by the entries in the aircraft technical log system; and
(2) to report any occurrence in accordance with the applicable rules and the internal procedures; and
(c) the way in which the operator deals with failures and defects identified before the flight.
ED Decision 2019/019/R
ED Decision 2019/019/R
CONTINUING AIRWORTHINESS MANAGEMENT
In accordance with Annex I (Part-M) and Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, the management of the continuing airworthiness of the aircraft by the CAMO/CAO of the AOC holder means that the NCO operator has established a written contract as per Appendix I to Part-M or Appendix I to Part-ML with this CAMO/CAO.
Regulation (EU) 2018/1975
(a) The pilot-in-command shall be responsible for:
(1) the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008;
(2) the initiation, continuation, termination or diversion of a flight in the interest of safety;
(3) ensuring that all operational procedures and checklists are complied with as referred to in 1.b of Annex IV to Regulation (EC) No 216/2008;
(4) only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:
(i) the aircraft is airworthy;
(ii) the aircraft is duly registered;
(iii) instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as provided for in points or ;
(iv) the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within limits prescribed in the airworthiness documentation;
(v) all equipment, baggage and cargo are properly loaded and secured and an emergency evacuation remains possible;
(vi) the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight; and
(vii) any navigational database required for PBN is suitable and current;
(5) not commencing a flight if he/she is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
(6) not continuing a flight beyond the nearest weather-permissible aerodrome or operating site when his/her capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;
(7) deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or minimum equipment list (MEL), as applicable; and
(8) recording utilisation data and all known or suspected defects in the aircraft at the termination of the flight, or series of flights, in the aircraft technical log or journey log for the aircraft.
(b) The pilot-in-command shall ensure that during critical phases of flight or whenever deemed necessary in the interest of safety, all crew members are seated at their assigned stations and do not perform any activities other than those required for the safe operation of the aircraft.
(c) The pilot-in-command shall have the authority to refuse carriage of or disembark any person, baggage or cargo that may represent a potential hazard to the safety of the aircraft or its occupants.
(d) The pilot-in-command shall, as soon as possible, report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft.
(e) The pilot-in-command shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances in accordance with 7.d of Annex IV to Regulation (EC) No 216/2008. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety.
(f) During flight, the pilot-in-command shall:
(1) keep his/her safety belt fastened while at his/her station; and
(2) remain at the controls of the aircraft at all times except if another pilot is taking the controls.
(g) The pilot-in-command shall submit a report of an act of unlawful interference without delay to the competent authority and shall inform the designated local authority.
(h) The pilot-in-command shall notify the nearest appropriate authority by the quickest available means of any accident involving the aircraft that results in serious injury or death of any person or substantial damage to the aircraft or property.
ED Decision 2016/018/R
(a) The pilot-in-command should ensure that RNAV 1, RNAV 2, RNP 1, RNP 2, and RNP APCH routes or procedures to be used for the intended flight, including for any alternate aerodromes, are selectable from the navigation database and are not prohibited by NOTAM.
(b) The pilot-in-command should take account of any NOTAMs or pilot-in-command briefing material that could adversely affect the aircraft system operation along its flight plan including any alternate aerodromes.
(c) When PBN relies on GNSS systems for which RAIM is required for integrity, its availability should be verified during the preflight planning. In the event of a predicted continuous loss of fault detection of more than five minutes, the flight planning should be revised to reflect the lack of full PBN capability for that period.
(d) For RNP 4 operations with only GNSS sensors, a fault detection and exclusion (FDE) check should be performed. The maximum allowable time for which FDE capability is projected to be unavailable on any one event is 25 minutes. If predictions indicate that the maximum allowable FDE outage will be exceeded, the operation should be rescheduled to a time when FDE is available.
(e) For RNAV 10 operations, the pilot-in-command should take account of the RNAV 10 time limit declared for the inertial system, if applicable, considering also the effect of weather conditions that could affect flight duration in RNAV 10 airspace. Where an extension to the time limit is permitted, the pilot-in-command will need to ensure that en route radio facilities are serviceable before departure, and to apply radio updates in accordance with any AFM/POH limitation.
(a) The pilot-in-command should check that any navigational database required for PBN operations includes the routes and procedures required for the flight.
(b) The database validity (current AIRAC cycle) should be checked before the flight.
(c) Navigation databases should be current for the duration of the flight. If the AIRAC cycle is due to change during flight, the pilot-in-command should follow procedures established by the pilot-in-command to ensure the accuracy of navigation data, including the suitability of navigation facilities used to define the routes and procedures for the flight.
(d) An expired database may only be used if the following conditions are satisfied:
(1) the pilot-in-command has confirmed that the parts of the database which are intended to be used during the flight and any contingencies that are reasonable to expect are not changed in the current version;
(2) any NOTAMs associated with the navigational data are taken into account;
(3) maps and charts corresponding to those parts of the flight are current and have not been amended since the last cycle;
(4) any MEL limitations, where available, are observed; and
(5) the database has expired by no more than 28 days.
In accordance with point 1.3 of Annex V to Regulation (EU) 2018/113984 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). (essential requirements for air operations), the pilot-in-command is responsible for the operation and safety of the aircraft and for the safety of all passengers and cargo on board. This includes the following:
(a) the safety of all passengers and cargo on board, as soon as he/she arrives on board, until he/she leaves the aircraft at the end of the flight; and
(b) the operation and safety of the aircraft:
(1) for aeroplanes, from the moment it is first ready to move for the purpose of flight until the moment it comes to rest at the end of the flight and the engine(s) used as primary propulsion unit(s) is/are shut down;
(2) for helicopters, from the moment the engine(s) are started until the helicopter comes to rest at the end of the flight with the engine(s) shut down and the rotor blades stopped.
RECORDING UTILISATION DATA
Where an aircraft conducts a series of flights of short duration — such as a helicopter doing a series of lifts — and the aircraft is operated by the same pilot-in-command, the utilisation data for the series of flights may be recorded in the aircraft technical log or journey log as a single entry.
(a) The pilot-in-command should use the latest checklists provided by the manufacturer.
(b) If checks conducted prior to take-off are suspended at any point, the pilot-in-command should re-start them from a safe point prior to the interruption.
REPORTING OF HAZARDOUS FLIGHT CONDITIONS
(a) These reports should include any detail which may be pertinent to the safety of other aircraft.
(b) Such reports should be made whenever any of the following conditions are encountered or observed:
(1) severe turbulence;
(2) severe icing;
(3) severe mountain wave;
(4) thunderstorms, with or without hail, that are obscured, embedded, widespread or in squall lines;
(5) heavy dust storm or heavy sandstorm;
(6) volcanic ash cloud; and
(7) unusual and/or increasing volcanic activity or a volcanic eruption.
(c) When other meteorological conditions not listed above, e.g. wind shear, are encountered that, in the opinion of the pilot-in-command, may affect the safety or the efficiency of other aircraft operations, the pilot-in-command should advise the appropriate air traffic services (ATS) unit as soon as practicable.
If required by the State in which the incident occurs, the pilot-in-command should submit a report on any such violation to the appropriate authority of such State; in that event, the pilot-in-command should also submit a copy of it to the competent authority. Such reports should be submitted as soon as possible and normally within 10 days.
Regulation (EU) No 800/2013
(a) The pilot-in-command shall comply with the laws, regulations and procedures of those States where operations are conducted.
(b) The pilot-in-command shall be familiar with the laws, regulations and procedures, pertinent to the performance of his/her duties, prescribed for the areas to be traversed, the aerodromes or operating sites to be used and the related air navigation facilities as referred to in 1.a of Annex IV to Regulation (EC) No 216/2008.
Regulation (EU) No 800/2013
An aeroplane shall only be taxied on the movement area of an aerodrome if the person at the controls:
(a) is an appropriately qualified pilot; or
(b) has been designated by the operator and:
(1) is trained to taxi the aeroplane;
(2) is trained to use the radio telephone, if radio communications are required;
(3) has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures; and
(4) is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.
(a) Taxiing should be treated as a safety-critical activity due to the risks related to the movement of the aeroplane and the potential for a catastrophic event on the ground.
(b) Taxiing is a high-workload phase of flight that requires the full attention of the pilot-in-command.
SKILLS AND KNOWLEDGE
The person designated by the operator to taxi an aeroplane should possess the following skills and knowledge:
(a) positioning of the aeroplane to ensure safety when starting engine;
(b) getting ATIS reports and taxi clearance, where applicable;
(c) interpretation of airfield markings/lights/signals/indicators;
(d) interpretation of marshalling signals, where applicable;
(e) identification of suitable parking area;
(f) maintaining lookout and right-of-way rules and complying with ATC or marshalling instructions when applicable;
(g) avoidance of adverse effect of propeller slipstream or jet wash on other aeroplanes, aerodrome facilities and personnel;
(h) inspection of taxi path when surface conditions are obscured;
(i) communication with others when controlling an aeroplane on the ground;
(j) interpretation of operational instructions;
(k) reporting of any problem that may occur while taxiing an aeroplane; and
(l) adapting the taxi speed in accordance with prevailing aerodrome, traffic, surface and weather conditions.
Regulation (EU) No 800/2013
A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.
INTENT OF THE RULE
(a) The following two situations where it is allowed to turn the rotor under power should be distinguished:
(1) for the purpose of flight, this is described in the implementing rule;
(2) for maintenance purposes.
(b) Rotor engagement for the purpose of flight: it should be noted that the pilot should not leave the control when the rotors are turning. For example, the pilot is not allowed to get out of the aircraft in order to welcome passengers and adjust their seat belts with the rotors turning.
(c) Rotor engagement for the purpose of maintenance: the implementing rule, however, should not prevent ground runs being conducted by qualified personnel other than pilots for maintenance purposes.
The following conditions should be applied:
(1) The operator should ensure that the qualification of personnel, other than pilots, who are authorised to conduct maintenance runs is described in the appropriate manual.
(2) Ground runs should not include taxiing the helicopter.
(3) There should be no passengers on board.
(4) Maintenance runs should not include collective increase or auto pilot engagement (risk of ground resonance).
Regulation (EU) 2018/1975
The pilot-in-command shall not permit any person to use a portable electronic device (PED) on board an aircraft, including an electronic flight bag (EFB), that could adversely affect the performance of the aircraft systems and equipment or the ability of the flight crew member to operate the aircraft.
ELECTRONIC FLIGHT BAGS (EFBS) — HARDWARE
(a) EFB viewable stowage
When a viewable stowage device is used, the pilot-in-command should ensure that, if the EFB moves or is separated from its stowage, or if the viewable stowage is unsecured from the aircraft (as a result of turbulence, manoeuvring, or other action), it will not jam flight controls, damage flight deck equipment, or injure any person on board.
The viewable stowage device should not be positioned in such a way that it obstructs visual or physical access to aircraft controls and/or displays, flight crew ingress or egress, or external vision. The design of the viewable stowage device should allow the user easy access to any item of the EFB system, and notably to the EFB controls and a clear view of the EFB display while in use.
If cables are used to connect an EFB to an aircraft system, power source, or any other equipment:
(1) the cables should not hang loosely in a way that compromises task performance and safety; flight crew should be able to easily secure the cables out of the way during operations (e.g. by using cable tether straps); and
(2) the cables should be of sufficient length so that they do not to obstruct the use of any movable device on the flight deck.
ELECTRONIC FLIGHT BAGS (EFBs) — FUNCTIONS
The pilot-in-command should familiarise himself or herself with the use of the EFB hardware and its applications on the ground before using them in flight for the first time.
A user guide should be available for the pilot-in-command.
(b) Check before flight
Before each flight, the pilot-in-command should perform the following checks to ensure the continued safe operation of the EFB during the flight:
(1) general check of the EFB operation by switching it ON and checking that the applications they intend to use in flight are adequately operative;
(2) check of the remaining available battery power, if applicable, to ensure the availability of the EFB during the planned flight;
(3) check of the version effectivity of the EFB databases, if applicable (e.g. for charts, performance calculation and weight and balance applications); and
(4) check that an appropriate backup is available when a chart application or an application displaying aircraft checklists is used.
(c) Chart applications
The navigation charts that are depicted should contain the necessary information in an appropriate format, to perform the operation safely. Consideration should be given to the size of the display to ensure legibility.
(d) Performance calculation and weight and balance functions or applications
Prior to the first use of a performance calculation or weight and balance function or application, and following any update of the database supporting the function or the application, a check should be performed on the ground to verify that the output of the application corresponds with the data derived from the AFM (or other appropriate sources);
(e) Airport moving map display (AMMD) application
An AMMD application should not be used as a primary means of navigation for taxiing, but as a confirmation of outside visual references.
(f) Other functions
If advanced functions on non-certified devices that display information related to the aircraft position in flight, navigation, surroundings in terms of e.g. terrain or traffic, or attitude are used, the pilot in command should be aware of the potential misleading or erroneous information displayed and should only use these functions as an advisory or supplementary means.
PEDs are any kind of electronic device, typically but not limited to consumer electronics, brought on board the aircraft by crew members, passengers, or as part of the cargo and that are not included in the approved aircraft configuration. All equipment that is able to consume electrical energy falls under this definition. The electrical energy can be provided from internal sources as batteries (chargeable or non-rechargeable) or the devices may also be connected to specific aircraft power sources.
PEDs include the following two categories:
(1) Non-intentional transmitters can non-intentionally radiate RF transmissions, sometimes referred to as spurious emissions. This category includes, but is not limited to, calculators, cameras, radio receivers, audio and video players, electronic games and toys; when these devices are not equipped with a transmitting function.
(2) Intentional transmitters radiate RF transmissions on specific frequencies as part of their intended function. In addition, they may radiate non-intentional transmissions like any PED. The term ‘transmitting PED’ (T-PED) is used to identify the transmitting capability of the PED. Intentional transmitters are transmitting devices such as RF-based remote control equipment, which may include some toys, two-way radios (sometimes referred to as private mobile radio), mobile phones of any type, satellite phones, computers with mobile phone data connection, wireless local area network (WLAN) or Bluetooth capability. After deactivation of the transmitting capability, e.g. by activating the so-called ‘flight mode’ or ‘flight safety mode’, the T-PED remains a PED having non-intentional emissions.
(b) Definition of the switched-off status
Many PEDs are not completely disconnected from the internal power source when switched off. The switching function may leave some remaining functionality e.g. data storage, timer, clock, etc. These devices can be considered switched off when in the deactivated status. The same applies for devices having no transmitting capability and are operated by coin cells without further deactivation capability, e.g. wrist watches.
(a) PEDs can pose a risk of interference with electronically operated aircraft systems. Those systems could range from the electronic engine control, instruments, navigation or communication equipment, autopilots to any other type of avionic equipment on the aircraft. The interference can result in on-board systems malfunctioning or providing misleading information and communication disturbance. These can also lead to an increased workload for the flight crew.
(b) Interference may be caused by transmitters being part of the PED’s functionality or by unintentional transmissions from the PED. Due to the likely proximity of the PED to any electronically operated aircraft system and the generally limited shielding found in small aircraft, the risk of interference is to be considered higher than that for larger aircraft with metal airframes.
(c) During certification of the aircraft, when qualifying the aircraft functions consideration may only have been made of short-term exposure to a high radiating field, with an acceptable mitigating measure being a return to normal function after removal of the threat. This certification assumption may not be true when operating the transmitting PED on board the aircraft.
(d) It has been found that compliance with the electromagnetic compatibility (EMC) Directive 2004/108/EC and related European standards, as indicated by the CE marking, is not sufficient to exclude the existence of interference. A well-known interference is the demodulation of the transmitted signal from GSM (global system for mobile communications) mobile phones leading to audio disturbances in other systems. Similar interferences are difficult to predict during the PED design and protecting the aircraft’s electronic systems against the full range of potential interferences is practically impossible. Therefore, not operating PEDs on-board aircraft is the safest option, especially as effects may not be identified immediately but under the most inconvenient circumstances.
(e) Guidance to follow in case of fire caused by PEDs is provided by the International Civil Aviation Organisation, ‘Emergency response guidance for aircraft incidents involving dangerous goods’, ICAO Doc 9481-AN/928.
Regulation (EU) No 800/2013
Except for aircraft taking-off and landing at the same aerodrome/operating site, the operator shall, at all times, have available for immediate communication to rescue coordination centres (RCCs) lists containing information on the emergency and survival equipment carried on board.
CONTENT OF INFORMATION
The information, compiled in a list, should include, as applicable:
(a) the number, colour and type of life rafts and pyrotechnics,
(b) details of emergency medical supplies and water supplies; and
(c) the type and frequencies of the emergency portable radio equipment.
Regulation (EU) 2018/1975
(a) The following documents, manuals and information shall be carried on each flight as originals or copies unless otherwise specified:
(1) the AFM, or equivalent document(s);
(2) the original certificate of registration;
(3) the original certificate of airworthiness (CofA);
(4) the noise certificate, if applicable;
(5) the list of specific approvals, if applicable;
(6) the aircraft radio licence, if applicable;
(7) the third party liability insurance certificate(s);
(8) the journey log, or equivalent, for the aircraft;
(9) details of the filed ATS flight plan, if applicable;
(10) current and suitable aeronautical charts for the route area of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;
(11) procedures and visual signals information for use by intercepting and intercepted aircraft;
(12) the MEL or CDL, if applicable; and
(13) any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
(b) Notwithstanding (a), on flights:
(1) intending to take off and land at the same aerodrome/operating site; or
(2) remaining within a distance or area determined by the competent authority,
the documents and information in (a)(2) to (a)(8) may be retained at the aerodrome or operating site.
(c) The pilot-in-command shall make available within a reasonable time of being requested to do so by the competent authority, the documentation required to be carried on board.
CERTIFICATE OF AIRWORTHINESS
The certificate of airworthiness should be a normal certificate of airworthiness, a restricted certificate of airworthiness or a permit to fly issued in accordance with the applicable airworthiness requirements.
CURRENT AND SUITABLE AERONAUTICAL CHARTS
(a) The aeronautical charts carried should contain data appropriate to the applicable air traffic regulations, rules of the air, flight altitudes, area/route and nature of the operation. Due consideration should be given to carriage of textual and graphic representations of:
(1) aeronautical data, including, as appropriate for the nature of the operation:
(i) airspace structure;
(ii) significant points, navigation aids (navaids) and air traffic services (ATS) routes;
(iii) navigation and communication frequencies;
(iv) prohibited, restricted and danger areas; and
(v) sites of other relevant activities that may hazard the flight; and
(2) topographical data, including terrain and obstacle data.
(b) A combination of different charts and textual data may be used to provide adequate and current data.
(c) The aeronautical data should be appropriate for the current aeronautical information regulation and control (AIRAC) cycle.
(d) The topographical data should be reasonably recent, having regard to the nature of the planned operation.
(a) In case of loss or theft of documents specified in NCO.GEN.135, the operation may continue until the flight reaches the base or a place where a replacement document can be provided.
(b) The documents, manuals and information may be available in a form other than on printed paper. An electronic storage medium is acceptable if accessibility, usability and reliability can be assured.
AFM OR EQUIVALENT DOCUMENT
‘Aircraft flight manual (AFM), or equivalent document’ means the flight manual for the aircraft or other documents containing information required for the operation of the aircraft within the terms of its certificate of airworthiness.
JOURNEY LOG OR EQUIVALENT
’Journey log or equivalent’ means that the required information may be recorded in documentation other than a log book, such as the operational flight plan or the aircraft technical log.
PROCEDURES AND VISUAL SIGNALS FOR USE BY INTERCEPTING AND INTERCEPTED AIRCRAFT
The procedures and the visual signals information for use by intercepting and intercepted aircraft are those contained in the International Civil Aviation Organisation’s (ICAO) Annex 2.
DOCUMENTS THAT MAY BE PERTINENT TO THE FLIGHT
Any other documents that may be pertinent to the flight or required by the States concerned with the flight may include, for example, forms to comply with reporting requirements.
The States concerned are those of origin, transit, overflight and destination of the flight.
Regulation (EU) 2016/1119
(a) The transport of dangerous goods by air shall be conducted in accordance with Annex 18 to the Chicago Convention as last amended and amplified by the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Doc 9284-AN/905), including its supplements and any other addenda or corrigenda.
(b) Dangerous goods shall only be transported by the operator approved in accordance with Annex V (Part-SPA), Subpart G, to Regulation (EU) No 965/2012 except when:
(1) they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions; or
(2) they are carried by passengers or the pilot-in-command, or are in baggage, in accordance with Part 8 of the Technical Instructions;
(3) they are carried by operators of ELA2 aircraft.
(c) The pilot-in-command shall take all reasonable measures to prevent dangerous goods from being carried on board inadvertently.
(d) The pilot-in-command shall, in accordance with the Technical Instructions, report without delay to the competent authority and the appropriate authority of the State of occurrence in the event of any dangerous goods accidents or incidents.
(e) The pilot-in-command shall ensure that passengers are provided with information about dangerous goods in accordance with the Technical Instructions.
(f) Reasonable quantities of articles and substances that would otherwise be classified as dangerous goods and that are used to facilitate flight safety, where carriage aboard the aircraft is advisable to ensure their timely availability for operational purposes, shall be considered authorised under paragraph 1;2.2.1(a) of the Technical Instructions. This is regardless of whether or not such articles and substances are required to be carried or intended to be used in connection with a particular flight.
The packing and loading on board of the above-mentioned articles and substances shall be performed, under the responsibility of the pilot in command, in such a way as to minimise the risks posed to crew members, passengers, cargo or the aircraft during aircraft operations.
(a) The requirement to transport dangerous goods by air in accordance with the Technical Instructions is irrespective of whether:
(1) the flight is wholly or partly within or wholly outside the territory of a State; or
(2) an approval to carry dangerous goods in accordance with Annex V (Part-SPA), Subpart G is held.
(b) The Technical Instructions provide that in certain circumstances dangerous goods, which are normally forbidden on an aircraft, may be carried. These circumstances include cases of extreme urgency or when other forms of transport are inappropriate or when full compliance with the prescribed requirements is contrary to the public interest. In these circumstances all the States concerned may grant exemptions from the provisions of the Technical Instructions provided that an overall level of safety that is at least equivalent to that provided by the Technical Instructions is achieved. Although exemptions are most likely to be granted for the carriage of dangerous goods that are not permitted in normal circumstances, they may also be granted in other circumstances, such as when the packaging to be used is not provided for by the appropriate packing method or the quantity in the packaging is greater than that permitted. The Technical Instructions also make provision for some dangerous goods to be carried when an approval has been granted only by the State of origin and the competent authority.
(c) When an exemption is required, the States concerned are those of origin, transit, overflight and destination of the consignment and that of the operator. For the State of overflight, if none of the criteria for granting an exemption are relevant, an exemption may be granted based solely on whether it is believed that an equivalent level of safety in air transport has been achieved.
(d) The Technical Instructions provide that exemptions and approvals are granted by the ‘appropriate national authority’, which is intended to be the authority responsible for the particular aspect against which the exemption or approval is being sought. The operator should ensure that all relevant conditions on an exemption or approval are met.
(e) The exemption or approval referred to in (b) to (d) is in addition to the approval required by Annex V (Part-SPA), Subpart G.
DANGEROUS GOODS ACCIDENT AND INCIDENT REPORTING
(a) Any type of dangerous goods incident or accident, or the finding of:
(1) undeclared or misdeclared dangerous goods in cargo;
(2) forbidden dangerous goods in mail; or
(3) forbidden dangerous goods in passenger or crew baggage, or on the person of a passenger or crew member
should be reported. For this purpose, the Technical Instructions consider that reporting of undeclared and misdeclared dangerous goods found in cargo also applies to items of operators’ stores that are classified as dangerous goods.
(b) The first report should be dispatched within 72 hours of the event. It may be sent by any means, including e-mail, telephone or fax. This report should include the details that are known at that time, under the headings identified in 3. If necessary, a subsequent report should be made as soon as possible giving all the details that were not known at the time the first report was sent. If a report has been made verbally, written confirmation should be sent as soon as possible.
(c) The first and any subsequent report should be as precise as possible and contain the following data, where relevant:
(1) date of the incident or accident or the finding of undeclared or misdeclared dangerous goods;
(2) location and date of flight;
(3) description of the goods;
(4) proper shipping name (including the technical name, if appropriate) and United Nations (UN)/identification (ID) number, when known;
(5) class or division and any subsidiary risk;
(6) type of packaging, and the packaging specification marking on it;
(8) name and address of the passenger, etc.;
(9) any other relevant details;
(10) suspected cause of the incident or accident;
(11) action taken;
(12) any other reporting action taken; and
(13) name, title, address and telephone number of the person making the report.
(d) Copies of relevant documents and any photographs taken should be attached to the report.
(e) A dangerous goods accident or incident may also constitute an aircraft accident, serious incident or incident. The criteria for reporting both types of occurrence should be met.
(f) The following dangerous goods reporting form should be used, but other forms, including electronic transfer of data, may be used provided that at least the minimum information of this AMC is supplied:
DANGEROUS GOODS OCCURRENCE REPORT
2. Date of Occurrence:
3. Local time of occurrence:
4. Flight date:
5. Departure aerodrome:
6. Destination aerodrome:
7. Aircraft type:
8. Aircraft registration:
9. Location of occurrence:
10. Origin of the goods:
11. Description of the occurrence, including details of injury, damage, etc.
12. Proper shipping name (including the technical name):
13. UN/ID No (when known):
14.Class/Division (when known):
15. Subsidiary risk(s):
16. Packing group:
17. Category (Class 7 only):
18. Type of packaging:
19. Packaging specification marking:
20. No of packages:
21. Quantity (or transport index, if applicable):
22. Name and address of passenger, etc.:
23. Other relevant information (including suspected cause, any action taken):
24. Name and title of person making report:
25. Telephone No:
27. Reporters ref:
Description of the occurrence (continuation)
Notes for completion of the form:
1. A dangerous goods accident is as defined in Annex I. For this purpose serious injury is as defined in Regulation (EU) No 996/2010 of the European Parliament and of the Council85 OJ L 295, 12.11.2010, p. 35..
2. The initial report should be dispatched unless exceptional circumstances prevent this. This occurrence report form, duly completed, should be sent as soon as possible, even if all the information is not available.
3. Copies of all relevant documents and any photographs should be attached to this report.
4. Any further information, or any information not included in the initial report, should be sent as soon as possible to the authorities identified in NCO.GEN.140(d).
5. Providing it is safe to do so, all dangerous goods, packaging, documents, etc. relating to the occurrence should be retained until after the initial report has been sent to the authorities identified in NCO.GEN.140(d), and they have indicated whether or not these should continue to be retained.
The quantities of DG carried for operational purposes should be reasonable considering the purposes for which they might be required before the aircraft is able to replenish its supplies, e.g. at its home base or, in the case of a long tour, at any aerodrome along the route where the aircraft is planned to land and where such supplies are available.
In addition to items authorised under paragraph 1;2.2.1(a) of the Technical Instructions, the articles and substances should be items such as, e.g. aircraft spare parts, components/substances needed for aircraft repair, oil (for aircraft engine/gearbox), aircraft fuel, de-icing fluid, aircraft battery, and air starter unit.
Regulation (EU) No 800/2013
The operator shall implement:
(b) any relevant mandatory safety information issued by the Agency, including airworthiness directives.
Regulation (EU) No 800/2013
Particulars of the aircraft, its crew and each journey shall be retained for each flight, or series of flights, in the form of a journey log, or equivalent.
(a) The aircraft journey log, or equivalent, should include the following items, where applicable:
(1) aircraft nationality and registration;
(3) name of crew member(s);
(4) duty assignments of crew members, if applicable;
(5) place of departure;
(6) place of arrival;
(7) time of departure;
(8) time of arrival;
(9) hours of flight;
(10) nature of flight;
(11) incidents and observations (if any); and
(12) signature of the pilot-in-command.
(b) The information or parts thereof may be recorded in a form other than on printed paper. Accessibility, usability and reliability should be assured.
Regulation (EU) No 800/2013
(a) An MEL may be established taking into account the following:
(1) the document shall provide for the operation of the aircraft, under specified conditions, with particular instruments, items of equipment or functions inoperative at the commencement of the flight;
(2) the document shall be prepared for each individual aircraft, taking account of the operator’s relevant operational and maintenance conditions; and
(3) the MEL shall be based on the relevant Master Minimum Equipment List (MMEL), as defined in the data established in accordance with Commission Regulation (EU) No 748/201286 OJ L 224, 21.8.2012, p. 1., and shall not be less restrictive than the MMEL.
(b) The MEL and any amendment thereto shall be notified to the competent authority.
CONTENT AND APPROVAL OF THE MEL
(a) When an MEL is established, the operator should amend the MEL after any applicable change to the MMEL within the acceptable timescales. The following are applicable changes to the MMEL that require amendment of the MEL:
(1) a reduction of the rectification interval;
(2) change of an item, only when the change is applicable to the aircraft or type of operations and is more restrictive;
(3) reduced timescales for the implementation of safety-related amendments may be required by the Agency and/or the competent authority.
(b) An acceptable timescale for notifying the amended MEL to the competent authority is 90 days from the effective date specified in the approved change to the MMEL.
(c) In addition to the list of items and related dispatch conditions, the MEL should contain:
(1) a preamble, including guidance and definitions for flight crew members and maintenance personnel using the MEL. The MEL preamble should:
(i) reflect the content of the MMEL preamble as applicable to the MEL scope and extent;
(ii) contain terms and definitions used in the MEL;
(iii) contain any other relevant specific information for the MEL scope and use that is not originally provided in the MMEL;
(iv) provide guidance on how to identify the origin of a failure or malfunction to the extent necessary for appropriate application of the MEL;
(v) provide guidance on the management of multiple unserviceabilities, based on the guidance given in the MMEL; and
(vi) provide guidance on placarding of inoperative items to inform crew members of equipment condition as appropriate. In particular, when such items are accessible to the crew during flight, the control(s) and indicator(s) related to inoperative unit(s) should be clearly placarded.
(2) the revision status of the MMEL upon which the MEL is based and the revision status of the MEL;
(3) the scope, extent and purpose of the MEL;
(4) operational and maintenance procedures as part of the MEL or by means of reference to another appropriate document, based on the operational and maintenance procedures referenced in the MMEL; and
(5) the dispatch conditions associated with flights conducted in accordance with special approvals held by the operator in accordance with Part-SPA.
(d) The operator should:
(1) establish rectification intervals for each inoperative instrument, item of equipment or function listed in the MEL. The rectification interval in the MEL should not be less restrictive than the corresponding rectification interval in the MMEL. The definitions and categories of rectification intervals are provided in CS-MMEL as well as in CS-GEN-MMEL; and
(2) establish an effective rectification programme.
(e) The operator should establish the operational and maintenance procedures referenced in the MEL, taking into account the operational and maintenance procedures referenced in the MMEL. These procedures should be part of the operator’s manuals or the MEL.
(f) The operator should amend the operational and maintenance procedures referenced in the MEL after any applicable change to the operational and maintenance procedures referenced in the MMEL.
(g) Unless otherwise specified in the MEL, the operator should complete:
(1) the operational procedures referenced in the MEL when planning for and/or operating with the listed item inoperative; and
(2) the maintenance procedures referenced in the MEL prior to operating with the listed item inoperative.
FORMAT OF THE MEL
The MEL format, the presentation of MEL items and dispatch conditions should:
(a) reflect those of the MMEL;
(b) follow the ATA 100/2200 Specification numbering system for MEL items; and
(c) when different from (a) and (b), be clear and unambiguous.
EXTENT OF THE MEL
The operator should include guidance in the MEL on how to deal with any failures that occur between the commencement of the flight and the start of the take-off. If a failure occurs between the commencement of the flight and the start of the take-off, any decision to continue the flight should be subject to pilot judgement and good airmanship. The pilot-in-command may refer to the MEL before any decision to continue the flight is taken.
OPERATIONAL AND MAINTENANCE PROCEDURES
(a) The operational and maintenance procedures referenced in the MEL should be based on the operational and maintenance procedures referenced in the MMEL. Modified procedures may, however, be developed by the operator when they provide the same level of safety as required by the MMEL. Modified maintenance procedures should be developed in accordance with the applicable airworthiness requirements.
(b) Providing appropriate operational and maintenance procedures referenced in the MEL, regardless of who developed them, is the responsibility of the operator.
(c) Any item in the MEL requiring an operational or maintenance procedure to ensure an acceptable level of safety should be so identified in the ‘remarks’ or ‘exceptions’ column/part/section of the MEL. This will normally be ‘(O)’ for an operational procedure, or ‘(M)’ for a maintenance procedure. ‘(O)(M)’ means both operational and maintenance procedures are required.
(d) The satisfactory accomplishment of all procedures, regardless of who performs them, is the responsibility of the operator.
OPERATIONAL AND MAINTENANCE PROCEDURES — APPLICABLE CHANGES
(a) Changes to the operational and maintenance procedures referenced in the MMEL are considered applicable and require the amendment of the maintenance and operating procedures referenced in the MEL when:
(1) the modified procedure is applicable to the operator’s MEL; and
(2) the purpose of this change is to improve compliance with the intent of the associated MMEL dispatch condition.
(b) An acceptable timescale for the amendments of maintenance and operating procedures, as defined in (a), should be 90 days from the date when the amended procedures referenced in the MMEL are made available. Reduced timescales for the implementation of safety-related amendments may be required if the competent authority consider it necessary.
(a) The Minimum Equipment List (MEL) is a document that lists the equipment that may be temporarily inoperative, subject to certain conditions, at the commencement of flight. This document is prepared by the operator for their own particular aircraft, taking account of their aircraft configuration and all those individual variables that cannot be addressed at MMEL level, such as operating environment, route structure, geographic location, aerodromes where spare parts and maintenance capabilities are available, etc.
(b) The MMEL, as defined in the mandatory part of the operational suitability data established in accordance with Regulation (EU) No 748/2012, is developed in compliance with CS-MMEL or CS-GEN-MMEL. These Certification Specifications contain, among other, guidance intended to standardise the level of relief granted in MMELs, in particular for items that are subject to operational requirements. If an MMEL established as part of the operational suitability data is not available and items subject to operational requirements are listed in the available MMEL without specific relief or dispatch conditions but only with a reference to the operational requirements, the operator may refer to CS-MMEL or CS-GEN-MMEL guidance material, as applicable, to develop the relevant MEL content for such items.
SCOPE OF THE MEL
(a) Examples of special approvals in accordance with Part-SPA may be:
(b) When an aircraft has installed equipment which is not required for the operations conducted, the operator may wish to delay rectification of such items for an indefinite period. Such cases are considered to be out of the scope of the MEL, therefore modification of the aircraft is appropriate and deactivation, inhibition or removal of the item should be accomplished by an appropriate approved modification procedure.
PURPOSE OF THE MEL
The MEL is an alleviating document having the purpose to identify the minimum equipment and conditions to operate safely an aircraft having inoperative equipment. Its purpose is not, however, to encourage the operation of aircraft with inoperative equipment. It is undesirable for aircraft to be dispatched with inoperative equipment and such operations are permitted only as a result of careful analysis of each item to ensure that the acceptable level of safety, as intended in the applicable airworthiness and operational requirements, is maintained. The continued operation of an aircraft in this condition should be minimised.
OPERATIONAL AND MAINTENANCE PROCEDURES
(a) Operational and maintenance procedures are an integral part of the compensating conditions needed to maintain an acceptable level of safety, enabling the competent authority to approve the MEL.
(b) Normally, operational procedures are accomplished by the flight crew; however, other personnel may be qualified and authorised to perform certain functions.
(c) Normally, maintenance procedures are accomplished by the maintenance personnel; however, other personnel may be qualified and authorised to perform certain functions in accordance with the applicable airworthiness requirements.
(d) Operational and maintenance procedures, regardless of the document where they are contained, should be readily available for use when needed for the application of the MEL.
(e) Unless specifically permitted by a maintenance procedure, an inoperative item may not be removed from the aircraft.