DTO.GEN.100 General

Regulation (EU) 2018/1119

In accordance with the second subparagraph of Article 10a(1), this Annex (Part-DTO) sets out the requirements applicable to pilot training organisations providing the training referred to in point DTO.GEN.110 on the basis of an declaration made in accordance with point DTO.GEN.115.

DTO.GEN.105 Competent authority

Regulation (EU) 2018/1119

For the purpose of this Annex (Part-DTO), the competent authority in respect of a DTO shall be the authority designated by the Member State on the territory of which the DTO has its principal place of business.

DTO.GEN.110 Scope of the training

Regulation (EU) 2020/359

(a) A DTO shall be entitled to provide the following training, provided that the DTO has submitted a declaration in accordance with point DTO.GEN.115:

(1) for aeroplanes:

(a) theoretical knowledge instruction for LAPL(A) and PPL(A);

(b) flight instruction for LAPL(A) and PPL(A);

(c) training towards class rating for SEP(land), SEP(sea) and TMG;

(d) training towards additional ratings: night, aerobatics, mountain, sailplane and banner towing;

(2) for helicopters:

(a) theoretical knowledge instruction for LAPL(H) and PPL(H);

(b) flight instruction for LAPL(H), PPL(H);

(c) single-engine type rating for helicopters for which the maximum certified seat configuration does not exceed five seats;

(d) training towards night rating;

(3) for sailplanes, in accordance with the requirements of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976:

(a) theoretical knowledge instruction for the SPL;

(b) flight instruction for the SPL;

(c) training towards extension of privileges to sailplanes or TMGs in accordance with point SFCL.150;

(d) training towards additional launching methods in accordance with point SFCL.155;

(e) training towards additional ratings and privileges: basic aerobatic and advanced aerobatic privileges, sailplane and banner towing rating, TMG night rating, and sailplane cloud flying privileges;

(f) training towards flight instructor certificate for sailplanes (FI(S));

(g) FI(S) refresher course;

(4) for balloons, in accordance with the requirements of Annex III (Part-BFCL) to Commission Implementing Regulation (EU) 2018/1976:

(a) theoretical knowledge instruction for the BPL;

(b) flight instruction for the BPL;

(c) training towards class or group extension in accordance with point BFCL.150;

(d) training towards additional ratings: tethered hot-air balloon flight, night, and commercial operation rating;

(g) training towards flight instructor certificate for balloons (FI(B));

(h) FI(B) refresher course.

(b) A DTO shall be entitled to also provide the examiner courses referred to in points BFCL.430 and BFCL.460(b)(1) of Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 for FE(B), as well as in points SFCL.430 and SFCL.460(b)(1) of Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 for FE(S), provided that the DTO has submitted a declaration in accordance with point DTO.GEN.115 and the competent authority has approved the training programme in accordance with point DTO.GEN.230(c).

GM1 DTO.GEN.110 Scope

ED Decision 2018/009/R

Point DTO.GEN.110 lists all the training activities that are regulated by Part-FCL and which can be conducted at a DTO. However, for some of the training activities mentioned, Part-FCL (points FCL.130.S, FCL.130.B, FCL.225.B(b), FCL.810(c)) does not require the involvement of a training organisation at all. In this regard, point DTO.GEN.110 does not constitute an obligation for these training activities to be undertaken at a DTO only.

DTO.GEN.115 Declaration

Regulation (EU) 2020/359

(a) Prior to providing any of the training specified in point DTO.GEN.110, an organisation intending to provide such training shall submit a declaration to the competent authority. The declaration shall contain at least the following information:

(1) the name of the DTO;

(2) contact details of the DTO's principal place of business and, where applicable, the contact details of the aerodromes and the operating sites of the DTO;

(3) names and contact details of the following persons:

(i) the representative of the DTO;

(ii) the head of training of the DTO; and

(iii) all deputy heads of training, if required by point DTO.GEN.250(b)(1);

(4) the type of training, as specified in point DTO.GEN.110, provided at each aerodrome and/or operating site;

(5) a list of all aircraft and FSTDs to be used for the training, if applicable;

(6) the date of intended commencement of the training;

(7) a statement confirming that the DTO has developed a safety policy and will apply that policy during all training activities covered by the declaration, in accordance with point DTO.GEN.210(a)(1)(ii);

(8) a statement that confirms that the DTO complies and will, during all training activities covered by the declaration, continue to comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139, with the requirements of Annex I (Part-FCL) and Annex VIII (Part-DTO) to this Regulation and with the requirements of Annex III (Part‑BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976.

(b) The declaration, and any subsequent changes thereto, shall be made using the form contained in Appendix 1.

(c) A DTO shall, together with the declaration, submit to the competent authority the training programme or programmes, which it uses or intends to use to provide the training, as well as its application for approval of the training programme or programmes where such approval is required in accordance with point DTO.GEN.230(c).

(d) By derogation from point (c), an organisation which holds an approval issued in accordance with Subpart ATO of Annex VII (Part-ORA) may, together with the declaration, only submit the reference to the already approved training manual or manuals.

GM1 DTO.GEN.115(a) Declaration

ED Decision 2018/009/R

SUBMISSION OF THE DECLARATION

The DTO should submit the declaration (Appendix 1 to Part-DTO), and any attachment(s) thereto, in a manner established by the competent authority.

GM2 DTO.GEN.115(a) Declaration

ED Decision 2018/009/R

RESPONSIBILITY OF THE DTO FOR THE SUCCESSFUL SUBMISSION OF THE DECLARATION

It is the responsibility of the DTO to successfully submit the declaration to the competent authority. If the DTO does not receive the acknowledgement of receipt of the declaration from the competent authority pursuant to point ARA.DTO.100 within a reasonable period of time following the submission of the declaration, the DTO should contact the competent authority to investigate whether or not the submission of the declaration has been successful.

AMC1 DTO.GEN.115(a)(2) Declaration

ED Decision 2018/009/R

LIST OF AERODROMES AND OPERATING SITES OF THE DTO

Except for DTOs that provide training for balloons, the list of aerodromes and operating sites on the declaration should contain at least those aerodromes and operating sites where the DTO, either permanently or temporarily (e.g. for training camps), conducts its training activities, where its training aircraft are based and where it has its facilities, as required by Part-DTO.

Aerodromes and operating sites that solely serve as destinations for cross-country training flights do not need to be listed on the declaration. 

AMC1 DTO.GEN.115(a)(5) Declaration

ED Decision 2018/009/R

LIST OF AIRCRAFT AND FLIGHT SIMULATION TRAINING DEVICES (FSTDs)

(a) The list on the declaration of aircraft used by the DTO should contain at least the models used for training (e.g. Cessna 152, Piper PA 28, Robinson R22, etc.). It is not necessary to list on the declaration each individual aircraft with its registration mark.

(b) The list on the declaration of FSTDs used by the DTO should contain the references to the FTSD qualification certificates.

AMC1 DTO.GEN.115(c) Declaration

ED Decision 2018/009/R

SUBMISSION OF TRAINING PROGRAMMES WITH THE DECLARATION

Except for training programmes for examiner standardisation or refresher courses, a DTO may include in the declaration only a reference to a training programme if this training programme:

(a) has already been verified for Part-FCL compliance by the competent authority; or

(b) has been developed by the competent authority as a standard training programme, if applicable.

DTO.GEN.116 Notification of changes and cessation of training activities

Regulation (EU) 2018/1119

A DTO shall notify the competent authority without undue delay of the following:

(a) any changes to the information contained in the declaration specified in point DTO.GEN.115(a) and to the training programme or programmes or the approved training manual or manuals referred to in points DTO.GEN.115(c) and (d) respectively;

(b) the cessation of some or all training activities covered by the declaration.

DTO.GEN.135 Termination of entitlement to provide training

Regulation (EU) 2018/1119

A DTO shall no longer be entitled to provide some or all of the training specified in its declaration on the basis of that declaration, where one of the following occurs:

(a) the DTO has notified the competent authority of the cessation of some or all of the training activities covered by the declaration in accordance with point DTO.GEN.116(b);

(b) the DTO has not provided the training for more than 36 consecutive months.

DTO.GEN.140 Access

Regulation (EU) 2018/1119

For the purpose of determining whether a DTO is acting in compliance with its declaration, the DTO shall grant access at any time to any facility, aircraft, document, records, data, procedures or any other material relevant to its training activities covered by the declaration, to any person authorised by the competent authority

DTO.GEN.150 Findings

Regulation (EU) 2018/1119

After the competent authority has communicated a finding to a DTO in accordance with point ARA.GEN.350(da)(1), the DTO shall take the following steps within the time period determined by the competent authority:

(a) identify the root cause of the non-compliance;

(b) take the necessary corrective action to terminate the non-compliance and, where relevant, remedy the consequences thereof;

(c) inform the competent authority about the corrective action it has taken.

DTO.GEN.155 Reaction to a safety problem

Regulation (EU) 2018/1119

As a reaction to a safety problem, a DTO shall implement:

(a) the safety measures mandated by the competent authority in accordance with point ARA.GEN.135(c);

(b) the relevant mandatory safety information issued by the Agency, including airworthiness directives.

DTO.GEN.210 Personnel requirements

Regulation (EU) 2020/359

(a) A DTO shall designate:

(1) a representative, who shall be responsible and duly authorised to do at least the following:

(i) ensure compliance of the DTO and its activities with the applicable requirements and with its declaration;

(ii) develop and establish a safety policy which ensures that the DTO's activities are carried out safely, ensure that the DTO adheres to that safety policy and take the necessary measures in order to achieve the objectives of that safety policy;

(iii) promote safety within the DTO;

(iv) ensure the availability of sufficient resources within the DTO so that the activities referred to in points (i), (ii) and (iii) can be carried out in an effective manner.

(2) a head of training, who shall be responsible and qualified to ensure at least the following:

(i) that the training provided complies with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part‑SFCL) to Commission Regulation (EU) 2018/1976 and with the DTO’s training programme;

(ii) the satisfactory integration of flight training in an aircraft or a flight simulation training device (FSTD) and theoretical knowledge instruction;

(iii) the supervision of the progress of students;

(iv) in the case referred to in point DTO.GEN.250(b), the supervision of the deputy head or heads of training.

(b) A DTO may designate a single person as its representative and its head of training.

(c) A DTO shall not designate a person as its representative or its head of training if there are objective indications that he or she cannot be trusted to carry out the tasks listed in point (a) in a manner which safeguards and furthers aviation safety. The fact that a person has been subject to an enforcement measure taken in accordance with point ARA.GEN.355 in the past three years shall be deemed to constitute such an objective indication, unless that person can demonstrate that the finding leading to that measure, by reason of its nature, scale or impact on aviation safety, is not such as to indicate that he or she cannot be trusted to carry out those tasks in that manner.

(d) A DTO shall ensure that its theoretical knowledge instructors have either of the following qualifications:

(1) practical background in aviation in the areas relevant for the training provided and have undergone a course of training instructional techniques;

(2) previous experience in giving theoretical knowledge instruction and an appropriate theoretical background in the subject on which they will provide theoretical knowledge instruction.

(e) Flight instructors and flight simulation training instructors shall hold the qualifications required by Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976 for the type of training they provide.

OCCURRENCE-REPORTING SYSTEM COMPLIANT WITH REGULATION (EU) No 376/2014

The following list provides an overview of the main elements of the occurrence-reporting system that is compliant with Regulation (EU) No 376/2014 and provides references to the relevant articles of that Regulation.

(a) Occurrence-reporting system that caters for both mandatory and voluntary reporting (cf. Articles 4 and 5).

Note 1: The mandatory reporting system established under Regulation (EU) No 376/2014 is also intended for the reporting of those additional items that qualify for mandatory reporting and are defined in the EASA implementing rules.

Note 2: The voluntary reporting system is intended to facilitate the collection of details of occurrences that may not be captured by the mandatory system and of other safety-related information which is perceived by the reporting organisation as an actual or potential hazard to aviation safety.

(b) Designation of one or more persons to independently handle the collection, evaluation, processing, analysis and storage of details of occurrences with regard to data collection and hazard identification (cf. Article 6(1)).

Note 1: In agreement with their competent authority, small-sized organisations may make use of simplified mechanisms to ensure the collection, evaluation, processing, analysis and storage of details of occurrences, possibly by sharing those tasks with other similar organisations.

Note 2: An existing internal safety-reporting scheme, which collects safety-relevant data, proposals and information, including data, proposals and information on potential safety issues that have not resulted in any occurrence, may serve as a basis for the mandatory and voluntary occurrence-reporting system. From this pool of safety relevant information and data collected internally, the organisation will determine whether a mandatory report is required or whether a voluntary report may be adequate.

(c) Reporting details of occurrences collected under the mandatory scheme as soon as possible and in any event no later than 72 hours after becoming aware of the occurrence (cf. Article 4(8) & (9)).

Note 1: The reference to ‘becoming aware of’ an occurrence implies that a person in the organisation identifies the occurrence as falling into the category of a mandatory occurrence report — usually through being involved in the occurrence or witnessing it, but also on review or investigation of information reported to the organisation’s safety reporting scheme. In the case of design or production organisations, the 72-hour period starts at the point when the unsafe condition is identified.

In the case of automated data collection systems, the 72-hour period starts when the person that is responsible for the analysis of the data detected the reportable occurrence.

Note 2: The 72-hour period does not apply to the reporting of details of occurrences which may involve an actual or potential aviation safety risk and safety-related information collected under the voluntary scheme. These are to be reported in a timely manner (cf. Article 5(5) & (6)).

(d) Establishment of data quality checking processes to ensure that the information initially collected and the data stored in the database(s) are consistent (cf. Article 7(3)).

Note: It is understood that data quality checking processes should address four main areas:

             errors in data entry;

             completeness of data, specially referring to mandatory data;

             proper use of the ADREP32 The ICAO Accident/Incident Data Reporting (ADREP) system. taxonomy;

             improve data consistency, notably between the information collected initially and the report stored in the database (cf. Article 7(3)).

(e) Storage of occurrence reports that qualify for mandatory and voluntary reporting in one or more databases (cf. Article 6(5)) using standardised formats to facilitate information exchange and which are compatible with the ECCAIRS33 European Coordination Centre for Accident and Incident Reporting Systems. software and ADREP taxonomy (cf. Article 7(4)).

Note: Organisations that are able to report through an ECCAIRS software compatible reporting system provided by their competent authority are deemed to be automatically compliant with the reporting system requirements in Article 7(4) and do not need to have their own ECCAIRS software compatible reporting system.

(f) Application of the safety policy (cf. AMC1 DTO.GEN.210(a)(1)(ii)) to occurrences:

(1) identification of the safety hazards that are associated with identified occurrences or groups of occurrences reported to the competent authority (cf. Article 13(1));

(2) analysis of the related risks in terms of probability and severity of the outcome, as well as assessment of the risks in terms of tolerability;

(3) based on the result of the risk assessment: determination of the need for mitigation action, as required for improving aviation safety (cf. Article 13(2)); and

(4) monitoring the timely implementation and effectiveness of any mitigation action required (cf. Article 13(2)).

(g) In addition to the actions required under paragraph (6) above, where the organisation identifies an actual or potential aviation safety risk as a result of the analysis of occurrences or group of occurrences:

(1) transmission of the following information to the competent authority within 30 days from the date of notification of the occurrence to the authority (cf. Article 13(4)):

(i) the preliminary results of the risk assessment performed; and

(ii) any preliminary mitigation action to be taken.

(2) where required, transmission of the final results of the risk analysis to the competent authority as soon as they are available and, in principle, no later than 3 months from the date of notification of the occurrence to the authority (cf. Article 13(4)).

Note: The legal obligation to provide the initial results of the analysis of the occurrence, follow-up reports and final results lies with the other organisation that issued the initial report. Where an organisation receives a copy of a report from another organisation that initially reported the occurrence to the competent authority, depending on its contribution to the actual or potential aviation safety risk underlying the occurrence, it may however be required to perform its own analysis of the issue reported and to provide a follow-up report to the competent authority.

(h) Safety policy and just culture: Consultation of staff representatives to ensure mutual agreement on and adoption of the rules describing how ‘just culture’ principles are guaranteed and implemented within the organisation.

Note 1: The purpose of those rules is to ensure that employees and contracted personnel that report or are mentioned in occurrence reports, both mandatory or voluntary, are not subject to any prejudice by their employer or any other organisation for which the services are provided on the basis of the information supplied by the reporter (cf. Article 16(9)), unless an exception applies (cf. Article 16(10)).

Note 2: Staff representatives may be nominated either by the trade union(s) or by the staff themselves.

(i) Ensuring that employees and contracted personnel are regularly provided with information concerning the analysis of, and follow-up on, occurrences for which mitigation action is taken (cf. Article 13(3), while ensuring that only disidentified information is disseminated.

(j) Ensuring that personal details are made available to staff of their organisation, other than the persons designated in accordance with paragraph (2), only where absolutely necessary to investigate occurrences with a view to enhancing aviation safety.

(k) Ensuring that reports addressed to the competent authority contain at least the information listed in Annex I to Regulation (EU) No 376/2014.

SAFETY POLICY

(a) The safety policy should define, in relation to the DTO training programme, at least the means and methods used for:

(1) hazard identification;

(2) risk assessment; and

(3) effectiveness of the mitigation measures (implementation and follow-up).

(b) The safety policy should additionally include the procedures required for occurrence reporting pursuant to Regulation (EU) No 376/2014 (cf. GM1 DTO.GEN.210(a)).

QUALIFICATION AND EXPERIENCE OF THE HEAD OF TRAINING (HT)

(a) The HT should, with regard to the size and the training scope of the DTO, possess sufficient managerial capabilities in order to discharge their responsibilities, and should:

(1) in the case of a DTO that provides training in aircraft or FSTDs, hold an unrestricted instructor certificate in accordance with Part-FCL with instructional privileges that are relevant to the training provided by the DTO, including sufficient experience as necessary;

(2) in the case of a DTO that provides theoretical knowledge training only, have appropriate experience in aviation and knowledge relevant to the training provided.

(b) At a DTO that provides training courses for different aircraft categories, the HT should be assisted by one or more nominated deputy HTs qualified in accordance with paragraph (a) and with regard to the other category or categories of aircraft.

SUFFICIENT EXPERIENCE OF THE HEAD OF TRAINING (HT)

‘Sufficient experience’, as per AMC2 DTO.GEN.210(a)(1) paragraph (a)(1), means that the HT should have gained the required experience as an instructor in order to have the capacity to administer the particular training activity of the DTO in question. The following factors should be taken into consideration for determining the experience required:

(a) training scope of the DTO, including specific training courses (e.g. aerobatic rating, sailplane cloud flying rating, examiner courses for sailplanes and balloons);

(b) location of the DTO training area (e.g. mountains, sea, congested airspace);

(c) size of the DTO (volume of activity, number of training aerodromes and operating sites);

(d) use of FSTDs;

(e) training aircraft models used by the DTO.

CIRCUMSTANCES UNDER WHICH A PERSON CANNOT BE TRUSTED TO CARRY OUT THE TASKS OF A REPRESENTATIVE OR A HEAD OF TRAINING (HT) IN A MANNER WHICH SAFEGUARDS AND FURTHERS AVIATION SAFETY

Examples of objective indications that a person cannot be trusted to carry out the tasks of a representative or an HT in a manner which safeguards and furthers aviation safety.

If that person, within the last 5 years preceding their nomination as representative or HT, in a declaration in accordance with Part-DTO:

(a) holds or has held a pilot licence and that licence and/or any associated ratings, certificates or authorisations have been subject to limitation, suspension or revocation;

(b) has knowingly and deliberately been responsible for committing any non-compliance with the Basic Regulation and its implementing rules.

DTO INSTRUCTORS

In order to ensure and monitor that instructors maintain their required qualification, DTOs should permanently keep a list of all instructors, including information on their instructional privileges as well as on the validity periods of their licences, ratings and certificates, including their medical certificates.

RESOURCES (INSTRUCTORS)

(a) The ratio of all students to flight instructors should allow maintaining the quality and safety of the training provided.

(b) Class numbers in ground subjects involving a high degree of supervision or practical work should not exceed 28 students.

DTO.GEN.215 Facility requirements

Regulation (EU) 2018/1119

A DTO shall have facilities in place allowing the performance and management of all its activities in accordance with the essential requirements of Annex III to Regulation (EC) No 216/2008 and with the requirements of this Annex (Part-DTO).

AMC1 DTO.GEN.215 Facility requirements

ED Decision 2018/009/R

(a) The facilities of a DTO should comprise:

(1) flight planning facilities providing access to at least:

(i) appropriate and current aviation maps and charts;

(ii) current aeronautical information service (AIS) information;

(iii) current meteorological information;

(iv) communications to air traffic control (ATC) (if applicable);

(v) any other flight-safety-related material;

(2) adequate briefing facilities of sufficient size and number;

(3) suitable office(s) to allow flight instructors to write reports on students, complete records and other related documentation, as appropriate;

(4) suitable rest areas for instructors and students, where appropriate to the training task;

(5) in the case of DTOs that provide training for BPL or LAPL(B) only, the flight operations accommodation listed in (a)(1) to (a)(4) may be replaced by other suitable facilities when operating outside aerodromes.

(b) The following facilities for theoretical knowledge instruction should be available:

(1) adequate classroom accommodation for the current student population;

(2) suitable demonstration equipment to support the theoretical knowledge instruction;

(3) suitable office(s) for the instructional personnel.

DTO.GEN.220 Record-keeping

Regulation (EU) 2018/1119

(a) A DTO shall keep for each individual student the following records throughout the training course and for three years after completion of the last training session:

(1) details of ground, flight and simulated flight training;

(2) information on individual progress;

(3) information on the licences and associated ratings relevant to the training provided, including expiry dates of ratings and medical certificates.

(b) A DTO shall keep the report on the annual internal review and the activity report referred to in point DTO.GEN.270(a) and (b) respectively for three years from the date at which the DTO established those reports.

(c) A DTO shall keep its training programme for three years from the date at which it provided the last training course in accordance with that programme.

(d) A DTO shall, in accordance with the applicable law on the protection of personal data, store the records referred to in point (a) in a manner that ensures protection by appropriate tools and protocols and take the necessary measures to restrict the access to those records to persons who are duly authorised to access them.

AMC1 DTO.GEN.220 Record-keeping

ED Decision 2018/009/R

Training records should be kept in a paper or electronic version by the DTO where the candidate is undertaking their training.

DTO.GEN.230 DTO training programme

Regulation (EU) 2020/359

(a) A DTO shall establish a training programme for each of the trainings specified in point DTO.GEN.110 which the DTO provides.

(b) The training programmes shall comply with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable.

(c) A DTO shall be entitled to provide the training referred to in point DTO.GEN.110(b) only when its training programme for that training, and any changes thereto, have been issued by the competent authority, upon application by the DTO, with an approval in accordance with point ARA.DTO.110, confirming that the training programme and any changes thereto comply with the requirements of Annex I (Part-FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 and Annex III (Part-SFCL) to Commission Implementing Regulation (EU) 2018/1976, as applicable. A DTO shall apply for such approval through the submission of its declaration in accordance with point DTO.GEN.115.

(d) Point (c) shall not apply to an organisation also holding an approval issued in accordance with Subpart ATO of Annex VII (Part-ORA) that includes privileges for that training.

AMC1 DTO.GEN.230 DTO training programme

ED Decision 2018/009/R

(a) The DTO training programme should include at least the following information:

(1) the aim of the course;

(2) crediting of previous experience and pre-entry requirements (including appropriate procedures for students that wish to complete their training after having started at a different training organisation);

(3) a list of all air and FSTD exercises to be taught, including a description of the objective of each exercise;

(4) a syllabus summary;

(5) structure and content of the theoretical knowledge instruction;

(6) structure of the entire course and integration of theoretical knowledge instruction, FSTD and flight training;

(7) student progress checks for theoretical knowledge and flight training, as appropriate.

(b) When developing the training programme for a type rating course, in addition to complying with the mandatory training elements included in the operational suitability data (OSD), as established in accordance with Regulation (EU) No 748/201234 Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1), as amended., the DTO should also follow any further recommendations (i.e. acceptable means of compliance (AMC)) contained therein.

DTO.GEN.240 Training aircraft and FSTDs

Regulation (EU) 2019/1747

(a) A DTO shall use an adequate fleet of training aircraft or FSTDs appropriately equipped for the training course provided. The fleet of aircraft shall be composed of aircraft that comply with all requirements defined in Regulation (EU) 2018/1139. Aircraft that fall under points (a), (b), (c) or (d) of Annex I to Regulation (EU) 2018/1139, may be used for training if all of the following conditions are met:

(1)  during an evaluation process the competent authority has confirmed a level of safety comparable to the one defined by all essential requirements laid down in Annex II to Regulation (EU) 2018/1139;

(2)  the competent authority has authorised the use of the aircraft for training in the DTO.

(b) A DTO shall establish and keep up-to-date a list of all aircraft, including their registration marks, used for the training it provides.

AMC1 DTO.GEN.240 Training aircraft and FSTDs

ED Decision 2018/009/R

(a) The number of training aircraft may be affected by:

(1) the availability of FSTDs; and

(2) the number of aerodromes and operating sites of the DTO (cf. AMC1 DTO.GEN.115(a)(2)).

(b) Each training aircraft should be:

(1) equipped as required in the training specifications concerning the exercise for which it is used;

(2) except in the case of balloons or single-seat aircraft, fitted with primary flight controls that are instantly accessible by both the student and the instructor (for example, dual flight controls or a centre control stick); swing-over flight controls should not be used.

(c) The fleet should include, as appropriate to the training courses:

(1) in the case of aeroplanes and sailplanes, aircraft suitable for demonstrating stalling and spin avoidance;

(2) in the case of helicopters, helicopters suitable for autorotation demonstration;

(3) FSTDs; each FSTD should be equipped as required in the training specifications concerning the course for which it is used.

(d) One single aircraft that has all the required characteristics of a training aircraft mentioned in (b) and (c) above may be sufficient.

GM1 DTO.GEN.240 Training aircraft and FSTDs

ED Decision 2018/009/R

The DTO is required to use an adequate fleet of training aircraft. However, a DTO is not required to own the aircraft used. In any case, the DTO has the responsibility to use airworthy and appropriately equipped, certified and insured aircraft and FSTDs, as relevant to the particular training exercise.

EVALUATION PROCESS

Two cases for the evaluation process of Annex-I aircraft are distinguished:

(a) Annex-I aircraft that hold an ICAO-level certificate of airworthiness (CoA)

(1) To support the evaluation process performed by the competent authority and provide the competent authority with sufficient data related to the aircraft in question, an instructor who is qualified in accordance with Annex I (Part-FCL) to Regulation (EU) No 1187/2011 and nominated by the head of training (HT) of the DTO should assess that the aircraft is appropriately equipped and suitable for the training courses provided. The result of this assessment should be submitted to the competent authority and may be included already in the application for the authorisation.

(2) During the evaluation process, the competent authority should consider aircraft that hold a CoA issued in accordance with Annex 8 to the Chicago Convention to provide a level of safety comparable to that required by Annex II to the Basic Regulation, unless the competent authority determines that the airworthiness requirements used for certification of the aircraft, or the service experience, or the safety system of the State of design, do not provide for a comparable level of safety.

(b) Annex-I aircraft that do not hold an ICAO-level CoA

Before the inclusion of these aircraft in the fleet of an DTO and their use in training to obtain Part-FCL licences and ratings, the DTO should apply for the authorisation to the competent authority that should perform the evaluation process in the following order:

(1) Initial assessment by the competent authority and criteria taken into consideration

The competent authority should take into account the following criteria (non-exhaustive list):

(i) national airworthiness requirements based on which the aircraft CoA was issued;

(ii) aircraft similarities to a certified variant;

(iii) aircraft with a satisfactory in-service experience as training aircraft;

(iv) simple and conventional aircraft design;

(v) aircraft that does not have hazardous design features or details, judging by experience; and

(vi) operable aircraft systems, equipment, and appliances that do not require exceptional skills or strength.

(2) Additional assessment by a qualified instructor

To support the evaluation process performed by the competent authority and provide the competent authority with sufficient data related to the aircraft in question, after the positive initial assessment by the competent authority as per point (1), an instructor who is qualified in accordance with Part-FCL and nominated by the HT of the DTO should show through an evaluation report that the aircraft is appropriately equipped and suitable for the training courses provided. That evaluation report should consider all of the following criteria:

(i) the aircraft should be safely controllable and manoeuvrable under all anticipated operating conditions, including after failure of one or more propulsion systems;

(ii) the aircraft should allow for a smooth transition from one flight phase to another without requiring exceptional piloting skills, alertness, strength, or workload under any probable operating conditions;

(iii) the aircraft should have sufficient stability to ensure that the demands made on the pilot are not excessive, considering the phase and duration of flight; and

(iv) the assessment should take into account control forces, flight deck environment, pilot workload, and other human factors (HF) considerations, depending on the phase and duration of flight.

Subject to a positive evaluation report as per point (2), the competent authority should issue the authorisation.

DTO.GEN.250 Aerodromes and operating sites

Regulation (EU) 2018/1119

(a) When providing flight training on an aircraft, a DTO shall only use aerodromes or operating sites that have the appropriate facilities and characteristics to allow training of the relevant manoeuvres, taking into account the training provided and the category and type of aircraft used.

(b) When a DTO uses more than one aerodrome to provide any of the training specified in point DTO.GEN.110(a)(1) and (2), it shall:

(1) for each additional aerodrome, designate a deputy head of training, who shall be responsible for the tasks referred to in point DTO.GEN.210(a)(2)(i) to (iii) on that aerodrome; and

(2) ensure the availability of sufficient resources to safely operate on all aerodromes, in compliance with the requirements of this Annex (Part-DTO).

GENERAL

(a) Except in the case of balloons, the base aerodrome or operating site and any other aerodromes or operating sites at which flight training is being conducted should have at least the following facilities:

(1) at least one runway or final approach and take-off area (FATO) that allows training aircraft to make a normal take-off or landing within the performance limits of all the aircraft used for the training flights at that aerodrome or operating site;

(2) a wind direction indicator that is visible at ground level from the ends of each runway or at the appropriate holding points;

(3) adequate runway electrical lighting, if used for night training;

(4) an air traffic service (ATS), except for uncontrolled aerodromes or operating sites where the training requirements may be satisfied safely by another acceptable means of communication.

(b) In addition to (a), for helicopters, training sites should be available for:

(1) confined area operation training;

(2) simulated engine-off autorotation; and

(3) sloping ground operation.

(c) In the case of balloons, the take-off sites used by the DTO should allow a normal take-off and clearing of all obstacles in the take-off flight path by at least 50 ft.

(d) By way of derogation from paragraphs (a) to (c) above, for training that needs to take place in a specific environment (training for mountain rating, training on seaplanes), the training sites used should have the characteristics and facilities that are necessary to ensure a safe conduct of the training.

SUFFICIENT RESOURCES OF A DTO THAT PROVIDES TRAINING FOR AEROPLANES OR HELICOPTERS AT MORE THAN ONE AERODROME OR OPERATING SITE

(a) Deputy heads of training should meet the same qualification requirements as set out in AMC1 DTO.GEN.210(a)(2) for the head of training (HT).

(b) The DTO should have the necessary number of instructors (point DTO.GEN.210(d) and (e)) as well as the necessary number of training aircraft (point DTO.GEN.240) in place to ensure proper training at all aerodromes and operating sites.

(c) At each aerodrome or operating site of the DTO, the DTO should have in place the facilities (point DTO.GEN.215) as appropriate for the type of training carried outat each aerodrome or operating site.

DTO.GEN.260 Theoretical knowledge instruction

Regulation (EU) 2018/1119

(a) When providing theoretical knowledge instruction, a DTO may use on-site instruction or distance learning.

(b) A DTO shall monitor and record the progress of any student undergoing theoretical knowledge instruction.

DTO.GEN.270 Annual internal review and annual activity report

Regulation (EU) 2018/1119

A DTO shall take the following steps:

(a) conduct an annual internal review of the tasks and responsibilities specified in point DTO.GEN.210 and establish a report on that review;

(b) establish an annual activity report;

(c) submit the report on the annual internal review and the annual activity report to the competent authority by the date determined by the competent authority.

ANNUAL INTERNAL REVIEW

The annual internal review should consist of a comprehensive assessment whether the DTO effectively carries out the tasks and responsibilities pursuant to point DTO.GEN.210. Specific emphasis should be given to the following:

(a) availability of sufficient resources;

(b) conduct of training in accordance with the requirements of Part-FCL and Part-DTO, with the DTO training programme(s) and with the DTO’s safety policy;

(c) random checks of training records and course completion certificates issued by the DTO;

(d) assessment of the training programme(s) for its (their) adequacy and currency;

(e) training aircraft including their documents and maintenance records;

(f) aerodromes and operating sites, including associated facilities;

(g) evaluation of both adequacy and effectiveness of the follow-up, corrective and, as applicable, remedial action taken after non-compliances that have been detected internally or that have been subject to findings as per point DTO.GEN.150;

(h) assessment of the safety policy including its means and methods as defined in AMC1 DTO.GEN.210 for its adequacy and currency;

(i) assessment of the effectiveness of the implementation of the mitigation measures, as foreseen in the DTO’s safety policy.

ANNUAL ACTIVITY REPORT

(a) With regard to the past calendar year, the annual activity report should contain at least lists of:

(1) all training courses and refresher trainings actually provided;

(2) names of all flight, synthetic flight and theoretical knowledge instructors involved in the provision of training, including, in the case of DTOs for aeroplanes, helicopters and sailplanes, information on the aerodromes and operating sites of the DTO where it has mainly been providing training;

(3) number of students per training course;

(4) all training aircraft and FSTDs used, including registration marks and FSTD qualification letter codes (as applicable), including, with regard to each aircraft, information on:

(i) the training courses for which the aircraft has been used; and

(ii) the aerodromes of the DTO where the aircraft has been mainly used;

(5) all occurrences, accidents and incidents that occurred during the training courses; and

(6) any other information that is deemed relevant by the DTO.

SUBMISSION OF ANNUAL INTERNAL REVIEW AND ANNUAL ACTIVITY REPORT TO THE COMPETENT AUTHORITY

The annual internal review and the annual activity report for each past calendar year should be submitted to the competent authority within a time frame agreed between the DTO and the competent authority.

SUBMISSION OF ANNUAL INTERNAL REVIEW AND ANNUAL ACTIVITY REPORT TO THE COMPETENT AUTHORITY

It is recommended that the competent authority and the DTO agree on the regular time frames; for example, to agree that the annual internal review and annual activity report for the past calendar year should be submitted during the first quarter of each year.