NCC.GEN.100 Competent authority

Regulation (EU) 2019/1384

The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business, is established or is residing.

GM1 NCC.GEN.100 Competent authority

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; and

(f) the Member State where the person resides for taxation purposes.

NCC.GEN.101 Additional requirements for flight training organisations

Regulation (EU) 2019/1387

Approved training organisations that are required to comply with this Annex shall also comply with:

(a) ORO.GEN.310, as applicable; and

(b) ORO.MLR.105.

NCC.GEN.105 Crew responsibilities

Regulation (EU) 2018/1042

(a) The crew member shall be responsible for the proper execution of his/her duties that are:

(1) related to the safety of the aircraft and its occupants; and

(2) specified in the instructions and procedures in the operations manual.

(b) During critical phases of flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the crew member shall be seated at his/her assigned station and shall not perform any activities other than those required for the safe operation of the aircraft.

(c) During flight, the flight crew member shall keep his/her safety belt fastened while at his/her station.

(d) During flight, at least one qualified flight crew member shall remain at the controls of the aircraft at all times.

(e) The crew member shall not undertake duties on an aircraft:

(1) if he/she knows or suspects that he/she is suffering from fatigue as referred to in 7.f of Annex IV to Regulation (EC) No 216/2008 or feels otherwise unfit, to the extent that the flight may be endangered; or

(2) when under the influence of psychoactive substances or for other reasons as referred to in 7.g of Annex IV to Regulation (EC) No 216/2008.

(f) The crew member who undertakes duties for more than one operator shall:

(1) maintain his/her individual records regarding flight and duty times and rest periods as referred to in Annex III (Part-ORO), Subpart FTL to Regulation (EU) No 965/2012; and

(2) provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.

(g) The crew member shall report to the pilot-in-command:

(1) any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and

(2) any incident that was endangering, or could endanger, the safety of the operation.

GENERAL

In accordance with 7.g. of Annex IV to Regulation (EC) No 216/200890 Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1). Regulation as last amended by Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 (OJ L 309, 24.11.2009, p. 51). (essential requirements for air operations), a crew member must not perform duties on board an aircraft when under the influence of psychoactive substances or alcohol or when unfit due to injury, fatigue, medication, sickness or other similar causes. This should be understood as including the following:

(a) effects of deep water diving and blood donation, and allowing for a certain time period between these activities and returning to flying; and

(b) without prejudice to more restrictive national regulations, the consumption of alcohol while on duty or less than 8 hours prior to the commencement of duties, and commencing a flight duty period with a blood alcohol level in excess of 0.2 per thousand.

OCCURRENCE REPORTING

Whenever a crew member makes use of the applicable reporting systems, a copy of the report should be communicated to the pilot-in-command.

NCC.GEN.106 Pilot-in-command responsibilities and authority

Regulation (EU) 2016/1199

(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 instructions, operational procedures and checklists are complied with in accordance with the operations manual and 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, as required in NCC.IDE.A.105 or NCC.IDE.H.105;

(iv) the mass of the aircraft and centre of gravity location are such that the flight can be conducted within the limits prescribed in the airworthiness documentation;

(v) all cabin baggage, hold luggage and cargo are properly loaded and secured;

(vi) the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight;

(vii) each flight crew member holds a valid licence in accordance with Regulation (EU) No 1178/2011;

(viii) flight crew members are properly rated and meet competency and recency requirements; and

(ix) any navigational database required for performance-based navigation is suitable and current;

(5) not commencing a flight if any flight crew member 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 the capacity of any flight crew member 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;

(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; and

(9) ensuring that:

(i) flight recorders are not disabled or switched off during flight;

(ii) in the event of an occurrence other than an accident or a serious incident that shall be reported according to ORO.GEN.160(a), flight recorders’ recordings are not intentionally erased; and

(iii) in the event of an accident or a serious incident, or if preservation of recordings of flight recorders is directed by the investigating authority:

(A) flight recorders’ recordings are not intentionally erased;

(B) flight recorders are deactivated immediately after the flight is completed; and

(C) precautionary measures to preserve the recordings of flight recorders are taken before leaving the flight crew compartment.

(b) 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.

(c) 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.

(d) Notwithstanding the provision of (a)(6), in a multi-crew operation the pilot-in-command may continue a flight beyond the nearest weather-permissible aerodrome when adequate mitigating procedures are in place.

(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) 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.

(g) 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.

FLIGHT PREPARATION FOR PBN OPERATIONS

(a) The flight crew 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 flight crew should take account of any NOTAMs or operator 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 flight crew 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 flight crew will need to ensure that en route radio facilities are serviceable before departure, and to apply radio updates in accordance with any AFM limitation.

DATABASE SUITABILITY

(a) The flight crew should check that any navigational database required for PBN operations includes the routes and procedures required for the flight.

DATABASE CURRENCY

(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 flight crew should follow procedures established by the operator 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 operator 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 are observed; and

(5) the database has expired by no more than 28 days.

GENERAL

In accordance with 1.c. of Annex IV to Regulation (EC) No 216/2008 (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 crew members, passengers and cargo on board. This would normally be from the time that he/she assumes responsibility for the aircraft and passengers prior to a flight until the passengers are deplaned and escorted out of the operational area of the aerodrome or operating site and he/she relinquishes responsibility for the aircraft at the end of a flight or series of flights. The pilot-in-command’s responsibilities and authority should be understood as including at least the following:

(a) the safety of all crew members, 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 taxiing prior to take-off, 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; or

(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.

IDENTIFICATION OF THE SEVERITY OF AN OCCURRENCE BY THE PILOT-IN-COMMAND

The definitions of an accident and a serious incident as well as examples thereof can be found in Regulation (EU) No 996/2010 of the European Parliament and of the Council.

AUTHORITY TO REFUSE CARRIAGE OR DISEMBARK

This may include:

(a) passengers who have special needs that cannot be provided on the aircraft; or

(b) persons that appear to be under the influence of alcohol or drugs.

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.

MITIGATING MEASURES — FATIGUE

The use of additional crew members and/or controlled rest during flight as described in GM1 NCC.GEN.106(d) may be considered as appropriate fatigue mitigating measures.

MITIGATING MEASURES — FATIGUE — CONTROLLED REST IN THE FLIGHT CREW COMPARTMENT

(a) This Guidance Material (GM) addresses controlled rest taken by the minimum certified flight crew. It is not related to planned in-flight rest by members of an augmented crew.

(b) Although flight crew members should stay alert at all times during flight, unexpected fatigue can occur as a result of sleep disturbance and circadian disruption. To cater for this unexpected fatigue, and to regain a high level of alertness, a controlled rest procedure in the flight crew compartment, organised by the pilot-in-command, may be used, if workload permits. ‘Controlled rest’ means a period of time ‘off task’ that may include actual sleep. The use of controlled rest has been shown to significantly increase the levels of alertness during the later phases of flight, particularly after the top of descent, and is considered to be good use of crew resource management (CRM) principles. Controlled rest should be used in conjunction with other on board fatigue management countermeasures such as physical exercise, bright flight crew compartment illumination at appropriate times, balanced eating and drinking and intellectual activity.

(c) Controlled rest taken in this way should not be considered to be part of a rest period for the purposes of calculating flight time limitations, nor used to justify any duty period extension. Controlled rest may be used to manage both sudden unexpected fatigue and fatigue that is expected to become more severe during higher workload periods later in the flight. Controlled rest is not related to fatigue management, which is planned before flight.

(d) Controlled rest periods should be agreed according to individual needs and the accepted principles of CRM; where the involvement of the cabin crew is required, consideration should be given to their workload.

(e) When applying controlled rest procedures, the pilot-in-command should ensure that:

(1) the other flight crew member(s) is(are) adequately briefed to carry out the duties of the resting flight crew member;

(2) one flight crew member is fully able to exercise control of the aircraft at all times; and

(3) any system intervention that would normally require a cross-check according to multi-crew principles is avoided until the resting flight crew member resumes his/her duties.

(f) Controlled rest procedures should satisfy the following criteria:

(1) only one flight crew member at a time should take rest at his/her station; the harness should be used and the seat positioned to minimise unintentional interference with the controls;

(2) the rest period should be no longer than 45 minutes (in order to limit any actual sleep to approximately 30 minutes) so as to limit deep sleep and associated long recovery time (sleep inertia);

(3) after this 45-minute period, there should be a recovery period of 20 minutes during which sole control of the aircraft should not be entrusted to the flight crew member taking controlled rest;

(4) in the case of two-crew operations, means should be established to ensure that the non-resting flight crew member remains alert. This may include:

(i) appropriate alarm systems;

(ii) on board systems to monitor flight crew activity; and

(iii) where cabin crew are on board the aircraft, frequent cabin crew checks. In this case, the pilot-in-command should inform the cabin crew member of the intention of the flight crew member to take controlled rest, and of the time of the end of that rest; frequent contact should be established between the non-resting flight crew member and the cabin crew by communication means, and the cabin crew should check that the resting flight crew member is alert at the end of the period;

(5) there should be a minimum of 20 minutes between two sequential controlled rest periods in order to overcome the effects of sleep inertia and allow for adequate briefing;

(6) if necessary, a flight crew member may take more than one rest period, if time permits, on longer sectors, subject to the restrictions above; and

(7) controlled rest periods should terminate at least 30 minutes before the top of descent.

VIOLATION REPORTING

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.

NCC.GEN.110 Compliance with laws, regulations and procedures

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.

NCC.GEN.115 Common language

Regulation (EU) No 800/2013

The operator shall ensure that all crew members can communicate with each other in a common language.

NCC.GEN.119 Taxiing of aircraft

Regulation (EU) 2015/140

The operator shall establish procedures for taxiing to ensure safe operation and to enhance runway safety.

PROCEDURES FOR TAXIING

Procedures for taxiing should include at least the following:

(a) application of the sterile flight crew compartment procedures;

(b) use of standard radio-telephony (RTF) phraseology;

(c) use of lights;

(d) measures to enhance the situational awareness of the minimum required flight crew members. The following list of typical items should be adapted by the operator to take into account its operational environment:

(1) each flight crew member should have the necessary aerodrome layout charts available;

(2) the pilot taxiing the aircraft should announce in advance his/her intentions to the pilot monitoring;

(3) all taxi clearances should be heard, and should be understood by each flight crew member;

(4) all taxi clearances should be cross-checked against the aerodrome chart and aerodrome surface markings, signs, and lights;

(5) an aircraft taxiing on the manoeuvring area should stop and hold at all lighted stop bars, and may proceed further when an explicit clearance to enter or cross the runway has been issued by the aerodrome control tower, and when the stop bar lights are switched off;

(6) if the pilot taxiing the aircraft is unsure of his/her position, he/she should stop the aircraft and contact air traffic control;

(7) the pilot monitoring should monitor the taxi progress and adherence to the clearances, and should assist the pilot taxiing;

(8) any action which may disturb the flight crew from the taxi activity should be avoided or done with the parking brake set (e.g. announcements by public address);

(e) subparagraphs (d)(2) and (d)(7) are not applicable to single-pilot operations.

NCC.GEN.120 Taxiing of aeroplanes

Regulation (EU) No 800/2013

The operator shall ensure that an aeroplane is only 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.

SAFETY-CRITICAL ACTIVITY

(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 flight crew.

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.

NCC.GEN.125 Rotor engagement – helicopters

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, as 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 autopilot engagement (risk of ground resonance).

NCC.GEN.130 Portable electronic devices

Regulation (EU) No 800/2013

The operator shall not permit any person to use a portable electronic device (PED) on board an aircraft that could adversely affect the performance of the aircraft’s systems and equipment.

TECHNICAL PREREQUISITES FOR THE USE OF PEDS

(a) Scope

This AMC describes the technical prerequisites under which any kind of portable electronic device (PED) may be used on board the aircraft without adversely affecting the performance of the aircraft’s systems and equipment.

(b) Prerequisites concerning the aircraft configuration

(1) Before an operator may permit the use of any kind of PED on-board, it should ensure that PEDs have no impact on the safe operation of the aircraft. The operator should demonstrate that PEDs do not interfere with on-board electronic systems and equipment, especially with the aircraft’s navigation and communication systems.

(2) The assessment of PED tolerance may be tailored to the different aircraft zones for which the use of PEDs is considered, i.e. may address separately:

(i) the passenger compartment;

(ii) the flight crew compartment; and

(iii) areas not accessible during the flight.

(c) Scenarios for permitting the use of PEDs

(1) Possible scenarios, under which the operator may permit the use of PEDs, should be as documented in Table 1. The scenarios in Table 1 are listed in a descending order with the least permitting scenario at the bottom.

(2) Restrictions arising from the corresponding aircraft certification, as documented in the aircraft flight manual (AFM) or equivalent document(s), should stay in force. They may be linked to different aircraft zones, or to particular transmitting technologies covered.

(3) For Scenarios Nos. 3 to 8 in Table 1 the use of C-PEDs and cargo tracking devices may be further expanded, when the EMI assessment has demonstrated that there is no impact on safety as follows:

(i) for C-PEDs by using the method described in (d)(2); and

(ii) for cargo tracking devices by using the method described in (d)(3).

Table 1 – Scenarios for permitting the use of PEDs by the operator

No.

Technical condition

Non-intentional transmitters

T-PEDs

1

The aircraft is certified as T-PED tolerant, i.e. it has been demonstrated during the aircraft certification process that front door and back door coupling have no impact on the safe operation of the aircraft

All phases of flight

All phases of flight

2

A complete electromagnetic interference (EMI) assessment for all technologies, using the method described in (d)(1), has been performed and has demonstrated the T-PED tolerance

All phases of flight

All phases of flight

3

The aircraft is certified for the use of T-PEDs using particular technologies (e.g. WLAN or mobile phone)

All phases of flight

All phases of flight, restricted to those particular technologies

4

The EMI assessment, using the method described in (d)(1), has demonstrated that:

(a) the front door coupling has no impact on safety; and

(b) the back door coupling has no impact on safety when using particular technologies (e.g. WLAN or mobile phone)

All phases of flight

All phases of flight, restricted to those particular technologies

5

The EMI assessment, using the method described in (d)(1)(i), has demonstrated that the front door coupling has no impact on safety caused by non-intentional transmitters

All phases of flight

Not permitted

6

The EMI assessment, using the method described in (d)(1)(ii), has demonstrated that the back door coupling has no impact on safety when using particular technologies (e.g. WLAN or mobile phone)

All phases of flight - except low visibility approach operation

All phases of flight - except low visibility approach operation, restricted to those particular technologies

7

An EMI assessment has not been performed

All phases of flight - except low visibility approach operation

Not permitted

8

Notwithstanding Scenarios Nos. 3 to 7

(a) before taxi-out;

(b) during taxi-in after the end of landing roll; and

(c) the pilot-in-command may permit the use during prolonged departure delays, provided that sufficient time is available to check the passenger compartment before the flight proceeds

(d) Demonstration of electromagnetic compatibility

(1) EMI assessment at aircraft level

The means to demonstrate that the radio frequency (RF) emissions (intentional or non-intentional) are tolerated by aircraft systems should be as follows:

(i) To address front door coupling susceptibility for any kind of PEDs:

(A) EUROCAE, ‘Guidance for the use of Portable Electronic Devices (PEDs) on Board Aircraft’, ED-130A / RTCA DO-363 ‘Guidance for the Development of Portable Electronic Devices (PED) Tolerance for Civil Aircraft’, Section 5; or

(B) EUROCAE, ‘Aircraft Design and Certification for Portable Electronic Device (PED) Tolerance’, ED-239 / RTCA DO-307A, Section 4.

The use of RTCA, ‘Guidance on Allowing Transmitting Portable, Electronic Devices (T-PEDs) on Aircraft’, DO-294C (or later revisions), Appendix 5C; or RTCA, ‘Aircraft Design and Certification for Portable Electronic Device (PED) Tolerance’, DO-307 (including Change 1 or later revisions), Section 4, may be acceptable.

(ii) To address back door coupling susceptibility for T-PEDs:

(A) EUROCAE, ‘Guidance for the use of portable electronic devices (PEDs) on board aircraft’, ED-130A/RTCA DO-363, Section 6; or

(B) EUROCAE, ‘Aircraft Design and Certification for Portable Electronic Device (PED) Tolerance’, ED-239 / RTCA DO-307A, Section 3.

The use of EUROCAE, ‘Guidance for the use of Portable Electronic Devices (PEDs) on Board Aircraft’, ED-130, Annex 6; or RTCA DO-294C (or later revisions), Appendix 6D; or RTCA DO-307 (including Change 1 or later revisions), Section 3, may be acceptable.

(2) Alternative EMI assessment of C-PEDs

(i) For front door coupling:

(A) C-PEDs should comply with the levels as defined by:

(a) EUROCAE/RTCA, ‘Environmental conditions and test procedures for airborne equipment’, ED-14D/DO-160D (or later revisions), Section 21, Category M, for operation in the passenger compartment and the flight crew compartment; and

(b) EUROCAE ED-14D/RTCA DO-160D (or later revisions), Section 21, Category H, for operation in areas not accessible during the flight.

(B) If the C-PEDs are electronic flight bags used in the flight crew compartment and if the DO-160 testing described in (A) identifies inadequate margins for interference or has not been performed, it is necessary to test the C-PED in each aircraft model in which it will be operated. The C-PED should be tested in operation on the aircraft to show that no interference occurs with the aircraft equipment. This testing should be performed in a real aircraft, and credit may be given to other similarly equipped aircraft (meaning in particular that they have the same avionics equipment) of the same make and model as the one tested.

(ii) To address back-door coupling susceptibility for C-PEDs with transmitting capabilities, the EMI assessment described in (1)(ii) should be performed.

(3) Alternative EMI assessment of cargo tracking devices

In case a transmitting function is automatically deactivated in a cargo tracking device (being a T-PED), the unit should be qualified for safe operation on board the aircraft. One of the following methods should be considered acceptable as evidence for safe operation:

(i) A type-specific safety assessment, including failure mode and effects analysis, has been performed at aircraft level. The main purpose of the assessment should be to determine the worst hazards and to demonstrate an adequate design assurance level of the relevant hardware and software components of the cargo tracking device.

(ii) The high intensity radiated field (HIRF) certification of the aircraft has been performed, i.e. the aircraft type has been certified after 1987 and meets the appropriate special condition. In such a case, the operator should observe the following:

(A) The tracking device:

(a) features an automated and prolonged radio suspension in flight using multiple modes of redundancy; and

(b) has been verified in the aircraft environment to ensure deactivation of the transmitting function in flight.

(B) The transmissions of the tracking device are limited per design to short periods of time (less than 1 second per 1 000 seconds) and cannot be continuous.

(C) The tracking devices should comply with the levels as defined by EUROCAE ED-14E/RTCA DO-160E (or later revisions), Section 21, Category H.

(D) In order to provide assurance on the tracking device design and production, the following documents are retained as part of the evaluation package:

(a) operational description, technical specifications, product label and images of the tracking device and any peripheral attachments;

(b) failure mode and effects analysis report of the tracking device and any peripheral attachments;

(c) declaration of stringent design and production controls in place during the tracking device manufacturing;

(d) declaration of conformity and technical documentation showing compliance to the European Norms (EN), regulating the transmitter characteristic of the tracking device or its transmission module; and

(e) an EMI assessment report documenting the emission levels.

(iii) The tracking device interference levels during transmission are below those considered acceptable for the specific aircraft environment.

(e) Operational conditions of C-PEDS and cargo tracking devices

The operator should ensure that C-PEDs and cargo tracking devices are maintained in good and safe condition, having in mind that:

(1) damage may modify their emissions characteristics; and

(2) damage to the battery may create a fire hazard.

(f) Batteries in C-PEDs and cargo tracking devices

Lithium-type batteries in C-PEDs and cargo tracking devices should meet:

(1) United Nations (UN) Transportation Regulations, ‘Recommendations on the transport of dangerous goods - manual of tests and criteria’, UN ST/SG/AC.10/11; and

(2) one of the following standards:

(i) Underwriters Laboratory, ‘Lithium batteries’, UL 1642;

(ii) Underwriters Laboratory, ‘Household and commercial batteries’, UL 2054;

(iii) Underwriters Laboratory, ‘Information technology equipment – safety’, UL 60950-1;

(iv) International Electrotechnical Commission (IEC), ‘Secondary cells and batteries containing alkaline or other non-acid electrolytes - safety requirements for portable sealed secondary cells, and for batteries made from them, for use in portable applications’, IEC 62133;

(v) RTCA, ‘Minimum operational performance standards for rechargeable lithium battery systems’, DO-311. RTCA DO-311 may be used to address concerns regarding overcharging, over-discharging, and the flammability of cell components. The standard is intended to test permanently installed equipment; however, these tests are applicable and sufficient to test electronic flight bags rechargeable lithium-type batteries; or

(vi) European Technical Standard Order (ETSO), ‘Non-rechargeable lithium cells and batteries’, ETSO C142a.

PROCEDURES FOR THE USE OF PEDS

(a) Scope

This AMC describes the procedures under which any kind of portable electronic device (PED) may be used on board the aircraft without adversely affecting the performance of the aircraft’s systems and equipment. This AMC addresses the operation of PEDs in the different aircraft zones — passenger compartment, flight compartment, and areas inaccessible during the flight.

(b) Prerequisites

Before permitting the use of any kind of PEDs the operator should ensure compliance with (c) of AMC1 NCC.GEN.130.

(c) Hazard identification and risk assessment

The operator should identify the safety hazards and manage the associated risks following the management system implemented in accordance with ORO.GEN.200. The risk assessment should include hazards associated with:

(1) PEDs in different aircraft zones;

(2) PED use during various phases of flight;

(3) PED use during turbulence;

(4) improperly stowed PEDs;

(5) impeded or slowed evacuations;

(6) passenger non-compliance, e.g. not deactivating transmitting functions, not switching off PEDs or not stowing PEDs properly;

(7) disruptive passengers; and

(8) battery fire.

(d) Use of PEDs in the passenger compartment

(1) Procedures and training

If an operator permits passengers to use PEDs on board its aircraft, procedures should be in place to control their use. These procedures should include provisions for passenger briefing, passenger handling and for the stowage of PEDs. The operator should ensure that all crew members and ground personnel are trained to enforce possible restrictions concerning the use of PEDs, in line with these procedures.

(2) Provisions for use

(i) The use of PEDs in the passenger compartment may be granted under the responsibility of the operator, i.e. the operator decides which PED may be used during which phases of the flight.

(ii) Notwithstanding (b), medical equipment necessary to support physiological functions may be used at all times and does not need to be switched-off.

(3) Stowage, passenger information and passenger briefing of PEDs

(i) In accordance with NCC.OP.135 the operator should establish procedures concerning the stowage of PEDs. The operator should:

(A) identify the phases of flight in which PEDs are to be stowed; and

(B) determine suitable stowage locations, taking into account the PEDs’ size and weight.

(ii) The operator should provide general information on the use of PEDs to the passengers before the flight. This information should specify at least:

(A) which PEDs can be used during which phases of the flight;

(B) when and where PEDs are to be stowed; and

(C) that the instructions of the crew are to be followed at all times.

(iii) The use of PEDs should be part of the passenger briefings. The operator should remind passengers to pay attention and to avoid distraction during such briefings.

(4) In-seat electrical power supplies

Where in-seat electrical power supplies are available for passenger use, the following should apply:

(i) information giving safety instructions should be provided to the passengers;

(ii) PEDs should be disconnected from any in-seat electrical power supply during taxiing, take-off, approach, landing, and during abnormal or emergency conditions; and

(iii) flight crew and cabin crew should be aware of the proper means to switch-off in-seat power supplies used for PEDs.

(5) Operator’s safety measures during boarding and any phase of flight

(i) Appropriate coordination between flight crew and cabin crew should be established to deal with interference or other safety problems associated with PEDs.

(ii) Suspect equipment should be switched off.

(iii) Particular attention should be given to passenger misuse of equipment.

(iv) Thermal runaways of batteries, in particular lithium batteries, and potential resulting fire, should be handled properly.

(v) The pilot-in-command may, for any reason and during any phase of flight, require deactivation and stowage of PEDs.

(vi) When the operator restricts the use of PEDs, consideration should be given to handle special requests to operate a T-PED during any phase of the flight for specific reasons (e.g. for security measures).

(6) Reporting

Occurrences of suspected or confirmed interference should be reported to the competent authority. Where possible, to assist follow-up and technical investigation, reports should describe the suspected device, identify the brand name and model number, its location in the aircraft at the time of the occurrence, interference symptoms, the device user’s contact details and the results of actions taken by the crew.

(e) Use of PEDs in the flight crew compartment

In the flight crew compartment the operator may permit the use of PEDs, e.g. to assist the flight crew in their duties, when procedures are in place to ensure the following:

(1) The conditions for the use of PEDs in-flight are specified in the operations manual.

(2) The PEDs do not pose a loose item risk or other hazard.

(3) These provisions should not preclude use of a T-PED (specifically a mobile phone) by the flight crew to deal with an emergency. However, reliance should not be predicated on a T-PED for this purpose.

(f) PEDs not accessible during the flight

PEDs should be switched off, when not accessible for deactivation during flight. This should apply especially to PEDs contained in baggage or transported as part of the cargo. The operator may permit deviation for PEDs for which safe operation has been demonstrated in accordance with AMC1 NCC.GEN.130. Other precautions, such as transporting in shielded metal boxes, may also be used to mitigate associated risks.

DEFINITIONS

(a) Definition and categories of PEDs

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) Controlled PEDs (C-PEDs)

A controlled PED (C-PED) is a PED subject to administrative control by the operator using it. This will include, inter alia, tracking the allocation of the devices to specific aircraft or persons and ensuring that no unauthorised changes are made to the hardware, software or databases. C-PEDs can be assigned to the category of non-intentional transmitters or T-PEDs.

(c) Cargo tracking device

A cargo tracking device is a PED attached to or included in airfreight (e.g. in or on containers, pallets, parcels or baggage). Cargo tracking devices can be assigned to the category of non-intentional transmitters or T-PEDs. If the device is a T-PED, it complies with the European Norms (EN) for transmissions.

(d) 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.

(e) Electromagnetic interference (EMI)

The two classes of EMI to be addressed can be described as follows:

(1) Front door coupling is the possible disturbance to an aircraft system as received by the antenna of the system and mainly in the frequency band used by the system. Any PED internal oscillation has the potential to radiate low level signals in the aviation frequency bands. Through this disturbance especially the instrument landing system (ILS) and the VHF omni range (VOR) navigation system may indicate erroneous information.

(2) Back door coupling is the possible disturbance of aircraft systems by electromagnetic fields generated by transmitters at a level which could exceed on short distance (i.e. within the aircraft) the electromagnetic field level used for the aircraft system certification. This disturbance may then lead to system malfunction.

CREW REST COMPARTMENT, NAVIGATION, TEST ENTITIES AND FIRE CAUSED BY PEDS

(a) When the aircraft is equipped with a crew rest compartment, it is considered being part of the passenger compartment.

(b) Front door coupling may influence the VOR navigation system. Therefore, the flight crew monitors other navigation sensors to detect potential disturbances by PEDs, especially during low visibility departure operation based on VOR guidance.

(c) Specific equipment, knowledge and experience are required, when the industry standards for evaluating technical prerequisites for the use of PEDs are applied. In order to ensure conformity with the industry standards, the operator is encouraged to cooperate with an appropriately qualified and experienced entity, as necessary. For this entity an aviation background is not required, but is considered to be beneficial.

(d) 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.

CARGO TRACKING DEVICES EVALUATION

(a) Safety assessment

Further guidance on performing a safety assessment can be found in:

(1) EASA, ‘Certification specifications and acceptable means of compliance for large aeroplanes’, CS-25, Book 2, AMC-Subpart F, AMC 25.1309;

(2) EUROCAE/SAE, ‘Guidelines for development of civil aircraft and systems’, ED-79/ARP 4754 (or later revisions); and

(3) SAE, ‘Guidelines and methods for conducting the safety assessment process on civil airborne systems and equipment’, ARP 4761 (or later revisions).

(b) HIRF certification

The type certificate data sheet (TCDS), available on the EASA website for each aircraft model having EASA certification, lists whether the HIRF certification has been performed through a special condition. The operator may contact the type certification holder to gain the necessary information.

(c) Failure mode and effects analysis

Further guidance on performing a failure mode and effects analysis can be found in:

(1) SAE ARP 4761 (or later revisions); and

(2) U.S. Department of Defense, ‘Procedures for performing a failure mode, effects and criticality analysis’, Military Standard MIL-STD-1629A (or later revisions).

NCC.GEN.131 Use of electronic flight bags (EFBs)

Regulation (EU) 2018/1975

(a) Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.

(b) Prior to using a type B EFB application, the operator shall:

(1) conduct a risk assessment related to the use of the EFB device that hosts the application and to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately managed and mitigated; the risk assessment shall address the risks associated with the human–machine interface of the EFB device and the EFB application concerned; and

(2) establish an EFB administration system, including procedures and training requirements for the administration and use of the device and the EFB application

HARDWARE

In addition to AMC1 CAT.GEN.MPA.141(a), the following should be considered:

(a) Display characteristics

Consideration should be given to the long-term degradation of a display, as a result of abrasion and ageing. AMC 25-11 (paragraph 3.16a) may be used as guidance to assess luminance and legibility aspects.

Information displayed on the EFB should be legible to the typical user at the intended viewing distance(s) and under the full range of lighting conditions expected in a flight crew compartment, including direct sunlight.

Users should be able to adjust the brightness of an EFB screen independently of the brightness of other displays in the flight crew compartment. In addition, when incorporating an automatic brightness adjustment, it should operate independently for each EFB in the flight crew compartment. Brightness adjustment using software means may be acceptable provided that this operation does not adversely affect the flight crew workload.

Buttons and labels should have adequate illumination for night use. ‘Buttons and labels’ refers to hardware controls located on the display itself.

All controls should be properly labelled for their intended function, except if no confusion is possible.

The 90-degree viewing angle on either side of each flight crew member’s line of sight may be unacceptable for certain EFB applications if aspects of the display quality are degraded at large viewing angles (e.g. the display colours wash out or the displayed colour contrast is not discernible at the installation viewing angle).

(b) Power source

The design of a portable EFB system should consider the source of electrical power, the independence of the power sources for multiple EFBs, and the potential need for an independent battery source. A non-exhaustive list of factors to be considered includes:

(1) the possibility to adopt operational procedures to ensure an adequate level of safety (for example, ensure a minimum level of charge before departure);

(2) the possible redundancy of portable EFBs to reduce the risk of exhausted batteries;

(3) the availability of backup battery packs to ensure an alternative source of power.

Battery-powered EFBs that have aircraft power available for recharging the internal EFB batteries are considered to have a suitable backup power source.

For EFBs that have an internal battery power source, and that are used as an alternative for paper documentation that is required by NCC.GEN.140, the operator should either have at least one EFB connected to an aircraft power bus or have established mitigation means and procedures to ensure that sufficient power with acceptable margins will be available during the whole flight.

(c) Environmental testing

Environmental testing, in particular testing for rapid decompression, should be performed when the EFB hosts applications that are required to be used during flight following a rapid decompression and/or when the EFB environmental operational range is potentially insufficient with respect to the foreseeable flight crew compartment operating conditions.

The information from the rapid-decompression test of an EFB is used to establish the procedural requirements for the use of that EFB device in a pressurised aircraft. Rapid-decompression testing should follow the EUROCAE ED-14D/RTCA DO-160D (or later revisions) guidelines for rapid-decompression testing up to the maximum operating altitude of the aircraft at which the EFB is to be used.

(1) Pressurised aircraft: when a portable EFB has successfully completed rapid-decompression testing, then no mitigating procedures for depressurisation events need to be developed. When a portable EFB has failed the rapid-decompression testing while turned ON, but successfully completed it when turned OFF, then procedures should ensure that at least one EFB on board the aircraft remains OFF during the applicable flight phases or that it is configured so that no damage will be incurred should rapid decompression occur in flight at an altitude higher than 10 000 ft above mean sea level (AMSL).

If an EFB system has not been tested or it has failed the rapid-decompression test, then alternate procedures or paper backup should be available.

(2) Non-pressurised aircraft: rapid-decompression testing is not required for an EFB used in a non pressurised aircraft. The EFB should be demonstrated to reliably operate up to the maximum operating altitude of the aircraft. If the EFB cannot be operated at the maximum operating altitude of the aircraft, procedures should be established to preclude operation of the EFB above the maximum demonstrated EFB operating altitude while still maintaining the availability of any required aeronautical information displayed on the EFB.

The results of testing performed on a specific EFB model configuration (as identified by the EFB hardware manufacturer) may be applied to other aircraft installations and these generic environmental tests may not need to be duplicated. The operator should collect and retain:

(1) evidence of these tests that have already been accomplished; or

(2) suitable alternative procedures to deal with the total loss of the EFB system.

Rapid decompression tests do not need to be repeated when the EFB model identification and the battery type do not change.

The testing of operational EFBs should be avoided if possible to preclude the infliction of unknown damage to the unit during testing.

Operators should account for the possible loss or erroneous functioning of the EFB in abnormal environmental conditions.

The safe stowage and the use of the EFB under any foreseeable environmental conditions in the flight crew compartment, including turbulence, should be evaluated.

SOFTWARE

The same considerations as those in AMC1 CAT.GEN.MPA.141(b), AMC2 CAT.GEN.MPA.141(b) and AMC3 CAT.GEN.MPA.141(b) should apply in respect of EFB software.

RISK ASSESSMENT

(a) General

Prior to the use of any EFB system, the operator should perform a risk assessment for all type B EFB applications and for the related hardware as part of its hazard identification and risk management process.

The operator may make use of a risk assessment established by the software developer. However, the operator should ensure that its specific operational environment is taken into account.

The risk assessment should:

(1) evaluate the risks associated with the use of an EFB;

(2) identify potential losses of function or malfunction (with detected and undetected erroneous outputs) and the associated failure scenarios;

(3) analyse the operational consequences of these failure scenarios;

(4) establish mitigating measures; and

(5) ensure that the EFB system (hardware and software) achieves at least the same level of accessibility, usability, and reliability as the means of presentation it replaces.

In considering the accessibility, usability, and reliability of the EFB system, the operator should ensure that the failure of the complete EFB system as well as of individual applications, including corruption or loss of data, and erroneously displayed information, has been assessed and that the risks have been mitigated to an acceptable level.

The operator should ensure that the risk assessments for type B EFB applications are maintained and kept up to date.

When the EFB system is intended to be introduced alongside a paper-based system, only the failures that would not be mitigated by the use of the paper-based system need to be addressed. In all other cases, a complete risk assessment should be performed.

(b) Assessing and mitigating the risks

Some parameters of EFB applications may depend on entries that are made by flight crew/dispatchers, whereas others may be default parameters from within the system that are subject to an administration process (e.g. the runway line-up allowance in an aircraft performance application). In the first case, mitigation means would mainly concern training and flight crew procedure aspects, whereas in the second case, mitigation means would more likely focus on the EFB administration and data management aspects.

The analysis should be specific to the operator concerned and should address at least the following points:

(1) The minimisation of undetected erroneous outputs from applications and assessment of the worst credible scenario;

(2) Erroneous outputs from the software application including:

(i) a description of the corruption scenarios that were analysed; and

(ii) a description of the mitigation means;

(3) Upstream processes including:

(i) the reliability of root data used in applications (e.g. qualified input data, such as databases produced under ED-76/DO-200A, ‘Standards for Processing Aeronautical Data’);

(ii) the software application validation and verification checks according to appropriate industry standards, if applicable; and

(iii) the independence between application software components, e.g. robust partitioning between EFB applications and other airworthiness certified software applications;

(4) A description of the mitigation means to be used following the detected failure of an application, or of a detected erroneous output;

(5) The need for access to an alternate power supply in order to ensure the availability of software applications, especially if they are used as a source of required information.

As part of the mitigation means, the operator should consider establishing a reliable alternative means to provide the information available on the EFB system.

The mitigation means could be, for example, one of, or a combination of, the following:

(1) the system design (including hardware and software);

(2) a backup EFB device, possibly supplied from a different power source;

(3) EFB applications being hosted on more than one platform;

(4) a paper backup (e.g. quick reference handbook (QRH)); and

(5) procedural means.

Depending on the outcome of their risk assessment, the operator may also consider performing an operational evaluation test before allowing unrestricted use of its EFB devices and applications.

EFB system design features such as those assuring data integrity and the accuracy of performance calculations (e.g. ‘reasonableness’ or ‘range’ checks) may be integrated in the risk assessment performed by the operator.

(c) Changes

The operator should update its EFB risk assessment based on the planned changes to its EFB system.

However, modifications to the operator’s EFB system which:

(1) do not bring any change to the calculation algorithms and/or to the interface of a type B EFB application;

(2) introduce a new type A EFB application or modify an existing one (provided its software classification remains type A);

(3) do not introduce any additional functionality to an existing type B EFB application;

(4) update an existing database necessary to use an existing type B EFB application; or

(5) do not require a change to the flight crew training or operational procedures,

may be introduced by the operator without having to update its risk assessment.

These changes should, nevertheless, be controlled and properly tested prior to use in flight.

The modifications in the following non-exhaustive list are considered to meet these criteria:

(1) operating system updates;

(2) chart or airport database updates;

(3) updates to introduce fixes (patches); and

(4) installation and modification of a type A EFB application.

EFB ADMINISTRATION

The operator should ensure:

(a) that adequate support is provided to the EFB users for all the applications installed;

(b) that potential security issues associated with the application installed have been checked; 

(c) that the hardware and software configuration is appropriately managed and that no unauthorised software is installed.

The operator should ensure that miscellaneous software applications do not adversely impact on the operation of the EFB, and should include miscellaneous software applications in the scope of the EFB configuration management;

(d) that only a valid version of the application software and current data packages are installed on the EFB system; and

(e) the integrity of the data packages used by the applications installed.

PROCEDURES

The procedures for the administration or the use of the EFB device and the type B EFB application may be fully or partly integrated in the operations manual.

(a) General

If an EFB system generates information similar to that generated by existing certified systems, procedures should clearly identify which information source will be the primary, which source will be used for backup information, and under which conditions the backup source should be used. Procedures should define the actions to be taken by the flight crew members when information provided by an EFB system is not consistent with that from other flight crew compartment sources, or when one EFB system shows different information than the other.

In the case of EFB applications providing information which might be affected by Notice(s) to Airmen NOTAMS (e.g. Airport moving map display (AMMD), performance calculation,…), the procedure for the use of these applications should include the handling of the relevant NOTAMS before their use.

(b) Flight crew awareness of EFB software/database revisions

The operator should have a process in place to verify that the configuration of the EFB, including software application versions and, where applicable, database versions, are up to date. Flight crew members should have the ability to easily verify the validity of database versions used on the EFB. Nevertheless, flight crew members should not be required to confirm the revision dates for other databases that do not adversely affect flight operations, such as maintenance log forms or a list of airport codes. An example of a date-sensitive revision is that applied to an aeronautical chart database. Procedures should specify what actions should be taken if the software applications or databases loaded on the EFB system are outdated.

(c) Workload mitigation and/or control

The operator should ensure that additional workload created by using an EFB system is adequately mitigated and/or controlled. The operator should ensure that, while the aircraft is in flight or moving on the ground, flight crew members do not become preoccupied with the EFB system at the same time. Workload should be shared between flight crew members to ensure ease of use and continued monitoring of other flight crew functions and aircraft equipment. This should be strictly applied in flight and the operator should specify any times when the flight crew members may not use the specific EFB application.

(d) Dispatch

The operator should establish dispatch criteria for the EFB system. The operator should ensure that the availability of the EFB system is confirmed by preflight checks. Instructions to flight crew should clearly define the actions to be taken in the event of any EFB system deficiency.

Mitigation may be in the form of maintenance and/or operational procedures for items such as:

(1) replacement of batteries at defined intervals as required;

(2) ensuring that there is a fully charged backup battery on board;

(3) the flight crew checking the battery charging level before departure; and

(4) the flight crew switching off the EFB in a timely manner when the aircraft power source is lost.

In the event of a partial or complete failure of the EFB, specific dispatch procedures should be followed. These procedures should be included either in the minimum equipment list (MEL) or in the operations manual and should ensure an acceptable level of safety.

Particular attention should be paid to establishing specific dispatch procedures allowing to obtain operational data (e.g. performance data) in the event of a failure of an EFB hosting application that provides such calculated data.

When the integrity of data input and output is verified by cross-checking and gross-error checks, the same checking principle should be applied to alternative dispatch procedures to ensure equivalent protection.

(e) Maintenance

Procedures should be established for the routine maintenance of the EFB system and detailing how unserviceability and failures are to be dealt with to ensure that the integrity of the EFB system is preserved. Maintenance procedures should also include the secure handling of updated information and how this information is validated and then promulgated in a timely manner and in a complete format to all users.

As part of the EFB system’s maintenance, the operator should ensure that the EFB system batteries are periodically checked and replaced as required.

Should a fault or failure of the system arise, it is essential that such failures are brought to the immediate attention of the flight crew and that the system is isolated until rectification action is taken. In addition to backup procedures, to deal with system failures, a reporting system should be in place so that the necessary action, either to a particular EFB system or to the whole system, is taken in order to prevent the use of erroneous information by flight crew members.

(f) Security

The EFB system (including any means used for updating it) should be secure from unauthorised intervention (e.g. by malicious software). The operator should ensure that the system is adequately protected at the software level and that the hardware is appropriately managed (e.g. the identification of the person to whom the hardware is released, protected storage when the hardware is not in use) throughout the operational lifetime of the EFB system. The operator should ensure that prior to each flight the EFB operational software works as specified and the EFB operational data is complete and accurate. Moreover, a system should be in place to ensure that the EFB does not accept a data load that contains corrupted contents. Adequate measures should be in place for the compilation and secure distribution of data to the aircraft.

Procedures should be transparent, and easy to understand, to follow and to oversee:

(1) If an EFB is based on consumer electronics (e.g. a laptop) which can be easily removed, manipulated, or replaced by a similar component, then special consideration should be given to the physical security of the hardware;

(2) Portable EFB platforms should be subject to allocation tracking to specific aircraft or persons;

(3) Where a system has input ports, and especially if widely known protocols are used through these ports or internet connections are offered, then special consideration should be given to the risks associated with these ports;

(4) Where physical media are used to update the EFB system, and especially if widely known types of physical media are used, then the operator should use technologies and/or procedures to assure that unauthorised content cannot enter the EFB system through these media.

The required level of EFB security depends on the criticality of the functions used (e.g. an EFB which only holds a list of fuel prices may require less security than an EFB used for performance calculations).

Beyond the level of security required to assure that the EFB can properly perform its intended functions, the level of security ultimately required depends on the capabilities of the EFB.

(g) Electronic signatures

Some applicable requirements may require a signature when issuing or accepting a document (e.g. load sheet, technical logbook, notification to captain (NOTOC)). In order to be accepted as being equivalent to a handwritten signature, electronic signatures used in EFB applications need, as a minimum, to fulfil the same objectives and should assure the same degree of security as the handwritten or any other form of signature that they are intended to replace. AMC1 NCC.POL.110(c) provides means to comply with the required handwritten signature or its equivalent for mass and balance documentation.

On a general basis, in the case of required signatures, an operator should have in place procedures for electronic signatures that guarantee:

(1) their uniqueness: a signature should identify a specific individual and be difficult to duplicate;

(2) their significance: an individual using an electronic signature should take deliberate and recognisable action to affix their signature;

(3) their scope: the scope of the information being affirmed with an electronic signature should be clear to the signatory and to the subsequent readers of the record, record entry, or document;

(4) their security: the security of an individual’s handwritten signature is maintained by ensuring that it is difficult for another individual to duplicate or alter it;

(5) their non-repudiation: an electronic signature should prevent a signatory from denying that they affixed a signature to a specific record, record entry, or document; the more difficult it is to duplicate a signature, the more likely it is that the signature was created by the signatory; and

(6) their traceability: an electronic signature should provide positive traceability to the individual who signed a record, record entry, or any other document.

An electronic signature should retain those qualities of a handwritten signature that guarantee its uniqueness. Systems using either a PIN or a password with limited validity (timewise) may be appropriate in providing positive traceability to the individual who affixed it. Advanced electronic signatures, qualified certificates and secured signature-creation devices needed to create them in the context of Regulation (EU) No 910/2014 are typically not required for EFB operations.

FLIGHT CREW TRAINING

Flight crew members should be given specific training on the use of the EFB system before it is operationally used.

Training should at least include the following:

(a) an overview of the system architecture;

(b) preflight checks of the system;

(c) limitations of the system;

(d) specific training on the use of each application and the conditions under which the EFB may and may not be used;

(e) restrictions on the use of the system, including cases where the entire system or some parts of it are not available;

(f) procedures for normal operations, including cross-checking of data entry and computed information;

(g) procedures to handle abnormal situations, such as a late runway change or a diversion to an alternate aerodrome;

(h) procedures to handle emergency situations;

(i) phases of the flight when the EFB system may and may not be used;

(j) human factors considerations, including crew resource management (CRM), on the use of the EFB;

(k) additional training for new applications or changes to the hardware configuration;

(l) actions following the failure of component(s) of the EFB, including cases of battery smoke or fire; and

(m) management of conflicting information.

PERFORMANCE AND MASS AND BALANCE APPLICATIONS

(a) General

Performance and mass and balance applications should be based on existing published data found in the AFM or performance manual, and should account for the applicable CAT.POL performance requirements. The applications may use algorithms or data spreadsheets to determine results. They may have the capability to interpolate within the information contained in the published data for the particular aircraft but should not extrapolate beyond it.

To protect against intentional and unintentional modifications, the integrity of the database files related to performance and mass and balance (the performance database, airport database, etc.) should be checked by the program before performing any calculations. This check can be run once at the start-up of the application.

Each software version should be identified by a unique version number. The performance and mass and balance applications should record each computation performed (inputs and outputs) and the operator should ensure that this information is retained for at least 3 months.

The operator should ensure that aircraft performance or mass and balance data provided by the application is correct compared with the data derived from the AFM (e.g. for take-off and landing performance data) or from other reference data sources (e.g. mass and balance manuals or databases, in-flight performance manuals or databases) under a representative cross-check of conditions (e.g. for take-off and landing performance applications: take-off and landing performance data on dry, wet and contaminated runways, with different wind conditions and aerodrome pressure altitudes, etc.).

The operator should define any new roles that the flight crew and, if applicable, the flight dispatcher, may have in creating, reviewing, and using performance calculations supported by EFB systems.

(b) Testing

The verification of the compliance of a performance or mass and balance application should include software testing activities performed with the software version candidate for operational use.

The testing can be performed either by the operator or a third party, as long as the testing process is documented and the responsibilities identified.

The testing activities should include reliability testing and accuracy testing.

Reliability testing should show that the application in its operating environment (operating system (OS) and hardware included) is stable and deterministic, i.e. identical answers are generated each time the process is entered with identical parameters.

Accuracy testing should demonstrate that the aircraft performance or mass and balance computations provided by the application are correct in comparison with data derived from the AFM or other reference data sources, under a representative cross section of conditions (e.g. for take-off and landing performance applications: runway state and slope, different wind conditions and pressure altitudes, various aircraft configurations including failures with a performance impact, etc.).

The verification should include a sufficient number of comparison results from representative calculations throughout the entire operating envelope of the aircraft, considering corner points, routine and break points.

Any difference compared to the reference data that is judged significant should be examined. When differences are due to more conservative calculations or reduced margins that were purposely built into the approved data, this approach should be clearly specified. Compliance with the applicable certification and operational rules needs to be assessed in any case.

The testing method should be described. The testing may be automated when all the required data is available in an appropriate electronic format, but in addition to performing thorough monitoring of the correct functioning and design of the testing tools and procedures, operators are strongly suggested to perform additional manual verification. It could be based on a few scenarios for each chart or table of the reference data, including both operationally representative scenarios and ‘corner-case’ scenarios.

The testing of a software revision should, in addition, include non-regression testing and testing of any fix or change.

Furthermore, an operator should perform testing related to its customisation of the applications and to any element pertinent to its operation that was not covered at an earlier stage (e.g. airport database verification).

(c) Procedures

Specific care is needed regarding flight crew procedures concerning take-off and landing performance or mass and balance applications. Flight crew procedures should ensure that:

(1) calculations are performed independently by each flight crew member before data outputs are accepted for use;

(2) a formal cross-check is made before data outputs are accepted for use; such cross-checks should utilise the independent calculations described above, together with the output of the same data from other sources on the aircraft;

(3) a gross-error check is performed before data outputs are accepted for use; such gross-error checks may use either a ‘rule of thumb’ or the output of the same data from other sources on the aircraft; and

(4) in the event of a loss of functionality of an EFB through either the loss of a single application, or the failure of the device hosting the application, an equivalent level of safety can be maintained; consistency with the EFB risk assessment assumptions should be confirmed.

(d) Training

The training should emphasise the importance of executing all take-off and landing performance or mass and balance calculations in accordance with the SOPs to assure fully independent calculations.

Furthermore, due to the optimisation at different levels brought by performance applications, the flight crew members may be confronted with new procedures and different aircraft behaviour (e.g. the use of multiple flap settings for take-off). The training should be designed and provided accordingly.

Where an application allows the computing of both dispatch results (from regulatory and factored calculations) and other results, the training should highlight the specificities of those results. Depending on the representativeness of the calculation, the flight crew should be trained on any operational margin that might be required.

The training should also address the identification and the review of default values, if any, and assumptions about the aircraft status or environmental conditions made by the application.

(e) Specific considerations for mass and balance applications

In addition to the figures, a diagram displaying the mass and its associated centre of gravity (CG) should be provided.

(f) Human-factors-specific considerations

Input and output data (i.e. results) shall be clearly separated from each other. All the information necessary for a given calculation task should be presented together or be easily accessible.

All input and output data should include correct and unambiguous terms (names), units of measurement (e.g. kg or lb), and when applicable, an index system and a CG-position declaration (e.g. Arm/%MAC). The units should match the ones from the other flight-crew-compartment sources for the same kinds of data.

Airspeeds should be provided in a way that is directly useable in the flight crew compartment unless the unit clearly indicates otherwise (e.g. Knots Calibrated Air Speed (KCAS)). Any difference between the type of airspeed provided by the EFB application and the type provided by the AFM or flight crew operating manual (FCOM) performance charts should be mentioned in the flight crew guides and training material.

If the landing performance application allows the computation of both dispatch (regulatory, factored) and other results (e.g. in-flight or unfactored), the flight crew members should be made aware of the computation mode used.

(1) Inputs

The application should allow users to clearly distinguish user entries from default values or entries imported from other aircraft systems.

Performance applications should allow the flight crew to check whether a certain obstacle is included in the performance calculations and/or to include new or revised obstacle information in the performance calculations.

(2) Outputs

All critical assumptions for performance calculations (e.g. the use of thrust reversers, full or reduced thrust/power rating) should be clearly displayed. The assumptions made about any calculation should be at least as clear to the flight crew members as similar information would be on a tabular chart.

All output data should be available in numbers.

The application should indicate when a set of entries results in an unachievable operation (for instance, a negative stopping margin) with a specific message or colour scheme. This should be done in accordance with the relevant provisions on messages and the use of colours.

In order to allow a smooth workflow and to prevent data entry errors, the layout of the calculation outputs should be such that it is consistent with the data entry interface of the aircraft applications in which the calculation outputs are used (e.g. flight management systems).

(3) Modifications

The user should be able to easily modify performance calculations, especially when making last-minute changes.

Calculation results and any outdated input fields should be deleted when:

(i) modifications are entered;

(ii) the EFB is shut down or the performance application is closed; and

(iii) the EFB or the performance application have been in a standby or ‘background’ mode too long, i.e. such that it is likely that when it is used again, the inputs or outputs will be outdated.

AIRPORT MOVING MAP DISPLAY (AMMD) APPLICATION WITH OWN-SHIP POSITION

(a) General

An AMMD application should not be used as the primary means of navigation for taxiing and should be only used in conjunction with other materials and procedures identified within the operating concept (see paragraph (e)).

When an AMMD is in use, the primary means of navigation for taxiing remains the use of normal procedures and direct visual observation out of the flight-crew-compartment window.

Thus, as recognised in ETSO-C165a, an AMMD application with a display of own-ship position is considered to have a minor safety effect for malfunctions that cause the incorrect depiction of aircraft position (own-ship), and the failure condition for the loss of function is classified as ‘no safety effect’.

(b) Minimum requirements

AMMD software that complies with European Technical Standard Order ETSO-C165a is considered to be acceptable.

In addition, the system should provide the means to display the revision number of the software installed.

To achieve the total system accuracy requirements of ETSO-C165a, an airworthiness-approved sensor using the global positioning system (GPS) in combination with a medium-accuracy database compliant with EUROCAE ED-99C/RTCA DO-272C, ‘User Requirements for Aerodrome Mapping Information,’ (or later revisions) is considered one acceptable means.

Alternatively, the use of non-certified commercial off-the-shelf (COTS) position sources may be acceptable in accordance with AMC6 NCC.GEN.131(b)(2).

(c) Data provided by the AMMD software application developer

The operator should ensure that the AMMD software application developer provides the appropriate data including:

(1) installation instructions or equivalent as per ETSO-C165a Section 2.2 addressing:

(i) the identification of each specific EFB system computing platform (including the hardware platform and the operating system version) with which this AMMD software application and database was demonstrated to be compatible;

(ii) the installation procedures and limitations for each applicable platform (e.g. required memory resources, configuration of Global Navigation Satellite System (GNSS) antenna position);

(iii) the interface description data including the requirements for external sensors providing data inputs; and

(iv) means to verify that the AMMD has been installed correctly and is functioning properly.

(2) Any AMMD limitations, and known installation, operational, functional, or performance issues of the AMMD.

(d) AMMD software installation in the EFB

The operator should review the documents and the data provided by the AMMD developer, and ensure that the installation requirements of the AMMD software in the specific EFB platform and aircraft are addressed. Operators are required to:

perform any verification activities proposed by the AMMD software application developer, as well as identify and perform any additional integration activities that need to be completed;

(e) Operational procedures

Changes to operational procedures of the aircraft (e.g. flight crew procedures) should be documented in the operations manual or user’s guide as appropriate. In particular, the documentation should highlight that the AMMD is only designed to assist flight crew members in orienting themselves on the airport surface so as to improve the flight crew members’ positional awareness during taxiing and that it is not to be used as the basis for ground manoeuvring.

(f) Training requirements

The operator may use flight crew procedures to mitigate some hazards. These should include limitations on the use of the AMMD function or application. As the AMMD could be a compelling display and the procedural restrictions are a key component of the mitigation, training should be provided in support of an AMMD implementation.

All mitigation means that rely on flight crew procedures should be included in the flight crew training. Details of the AMMD training should be included in the operator’s overall EFB training.

USE OF COMMERCIAL OFF-THE-SHELF (COTS) POSITION SOURCE

COTS position sources may be used for AMMD EFB applications and for EFB applications displaying the own-ship position in-flight when the following considerations are complied with:

(a) Characterisation of the receiver:

The position should originate from an airworthiness approved GNSS receiver, or from a COTS GNSS receiver fully characterised in terms of technical specifications and featuring an adequate number of channels (12 or more).

The EFB application should, in addition to position and velocity data, receive a sufficient number of parameters related to the fix quality and integrity to allow compliance with the accuracy requirements (e.g. the number of satellites and constellation geometry parameters such as dilution of position (DOP), 2D/3D fix).

(b) Installation aspects:

COTS position sources are C-PEDs and their installation and use should follow the requirements of NCC.GEN.130.

If the external COTS position source transmits wirelessly, cybersecurity aspects have to be considered.

(c) Practical evaluation:

As variables can be introduced by the placement of the antennas in the aircraft and the characteristics of the aircraft itself (e.g. heated and/or shielded windshield effects), the tests have to take place on the type of aircraft in which the EFB will be operated, with the antenna positioned at the location to be used in service.

(1) COTS used as a position source for AMMD

The test installation should record the data provided by the COTS position source to the AMMD application.

The analysis should use the recorded parameters to demonstrate that the AMMD requirements are satisfactorily complied with in terms of the total system accuracy (taking into account database errors, latency effects, display errors, and uncompensated antenna offsets) within 50 metres (95 %). The availability should be sufficient to prevent distraction or increased workload due to frequent loss of position.

When demonstrating compliance with the following requirements of DO-257A, the behaviour of the AMMD system should be evaluated in practice:

(i) indication of degraded position accuracy within 1 second (Section 2.2.4 (22)); and

(ii) indication of a loss of positioning data within 5 seconds (Section 2.2.4 (23)); conditions to consider are both a loss of the GNSS satellite view (e.g. antenna failure) and a loss of communication between the receiver and the EFB.

(2) COTS position source used for applications displaying own-ship position in-flight:

Flight trials should demonstrate that the COTS GNSS availability is sufficient to prevent distraction or increased workload due to frequent loss of position.

CHART APPLICATIONS

The navigation charts that are depicted should contain the information necessary, in an appropriate form, to perform the operation safely. Consideration should be given to the size, resolution and position of the display to ensure legibility whilst retaining the ability to review all the information required to maintain adequate situational awareness. The identification of risks associated with the human–machine interface, as part of the operator’s risk assessment, is key to identifying acceptable mitigation means, e.g.:

(a) to establish procedures for reducing the risk of making errors;

(b) to control and mitigate the additional workload related to EFB use;

(c) to ensure the consistency of colour-coding and symbology philosophies between EFB applications and their compatibility with other flight crew compartment applications; and

(d) to consider aspects of crew resource management (CRM) when using an EFB system.

In the case of chart application displaying own-ship position in flight, AMC9 NCC.GEN.131(b)(2) is applicable.

IN-FLIGHT WEATHER APPLICATIONS

(a) General

An in-flight weather (IFW) application is an EFB function or application enabling the flight crew to access meteorological information. It is designed to increase situational awareness and to support the flight crew when making strategic decisions.

An IFW function or application may be used to access both information required to be on board (e.g. World Area Forecast Centre (WAFC) data) and supplemental weather information.

The use of IFW applications should be non-safety-critical and not necessary for the performance of the flight. In order for it to be non-safety-critical, IFW data should not be used to support tactical decisions and/or as a substitute for certified aircraft systems (e.g. weather radar).

Any current information from the meteorological data required to be carried on board or from aircraft primary systems should always prevail over the information from an IFW application.

The displayed meteorological information may be forecasted and/or observed, and may be updated on the ground and/or in flight. It should be based on data from certified meteorological services providers or other reliable sources evaluated by the operator.

The meteorological information provided to the flight crew should be as far as possible consistent with the information available to users of ground-based aviation meteorological information (e.g. operations control centre (OCC) staff, flight dispatchers, etc.) in order to establish common situational awareness and to facilitate collaborative decision-making.

(b) Display

Meteorological information should be presented to the flight crew in a format that is appropriate to the content of the information; coloured graphical depiction is encouraged whenever practicable.

The IFW display should enable the flight crew to:

(1) distinguish between observed and forecasted weather data;

(2) identify the currency or age and validity time of the weather data;

(3) access the interpretation of the weather data (e.g. the legend);

(4) obtain positive and clear indications of any missing information or data and determine areas of uncertainty when making decisions to avoid hazardous weather; and

(5) be aware of the data-link means status enabling necessary IFW data exchanges.

Meteorological information in IFW applications may be displayed, for example, as an overlay over navigation charts, over geographical maps, or it may be a stand-alone weather depiction (e.g. radar plots, satellite images, etc.).

If meteorological information is overlaid on navigation charts, special consideration should be given to HMI issues in order to avoid adverse effects on the basic chart functions.

In case of display of own-ship position in flight, AMC9 NCC.GEN.131(b)(2) is applicable.

The meteorological information may require reformatting to accommodate, for example, the display size or the depiction technology. However, any reformatting of the meteorological information should preserve both the geo-location and intensity of the meteorological conditions regardless of projection, scaling, or any other types of processing.

(c) Training and procedures

The operator should establish procedures for the use of an IFW application.

The operator should provide adequate training to the flight crew members before using an IFW application. This training should address:

(1) limitations of the use of an IFW application:

(i) acceptable use (strategic planning only);

(ii) information required to be on board; and

(iii) latency of observed weather information and the hazards associated with utilisation of old information;

(2) information on the display of weather data:

(i) type of displayed information (forecasted, observed);

(ii) symbology (symbols, colours); and

(iii) interpretation of meteorological information;

(3) identification of failures and malfunctions (e.g. incomplete uplinks, data-link failures, missing info);

(4) human factors issues:

(i) avoiding fixation; and

(ii) managing workload.

APPLICATIONS DISPLAYING OWN-SHIP POSITION IN-FLIGHT

(a) Limitations

The display of own-ship position in flight as an overlay to other EFB applications should not be used as a primary source of information to fly or navigate the aircraft.

Except on VFR flights over routes navigated by reference to visual landmark, the display of the own-ship symbol is allowed only in aircraft having a certified navigation display (moving map).

In the specific case of IFW applications, the display of own-ship on such applications is restricted to aircraft equipped with a weather radar.

(b) Position source and accuracy

The display of own-ship position may be based on a certified GNSS or GNSS-based (e.g. GPS/IRS) position from certified aircraft equipment or on a portable COTS position source in accordance with AMC6 NCC.GEN.131(b)(2).

The own-ship symbol should be removed and the flight crew notified if:

(1) the estimated accuracy exceeds 50 meters;

(2) the position data is reported as invalid by the GNSS receiver; or

(3) the position data is not received for 5 seconds.

(c) Charting data considerations

If the map involves raster images that have been stitched together into a larger single map, it should be demonstrated that the stitching process does not introduce distortion or map errors that would not correlate properly with a GNSS-based own-ship symbol.

(d) Human machine interface (HMI)

(1) Interface

The flight crew should be able to unambiguously differentiate the EFB function from avionics functions available in the cockpit, and in particular with the navigation display.

A sufficiently legible text label “AIRCRAFT POSITION NOT TO BE USED FOR NAVIGATION” or equivalent should be continuously displayed by the application if the own-ship position depiction is visible in the current display area over a terminal chart (i.e. SID, STAR, or instrument approach) or a depiction of a terminal procedure.

(2) Display of own-ship symbol

The own-ship symbol should be different from the ones used by certified aircraft systems intended for primary navigation.

If directional data is available, the own-ship symbol may indicate directionality. If direction is not available, the own-ship symbol should not imply directionality.

The colour coding should not be inconsistent with the manufacturer philosophy.

(3) Data displayed

The current map orientation should be clearly, continuously and unambiguously indicated (e.g., Track-up vs North-up).

If the software supports more than one directional orientation for the own-ship symbol (e.g., Track-up vs North-up), the current own-ship symbol orientation should be indicated.

The chart display in track-up mode should not create usability or readability issues. In particular, chart data should not be rotated in a manner that affects readability.

The application zoom levels should be appropriate for the function and content being displayed and in the context of providing supplemental position awareness.

The pilot should be able to obtain information about the operational status of the own-ship function (e.g. active, deactivated, degraded).

During IFR, day-VFR without visual references or night VFR flight, the following parameters’ values should not be displayed:

(i) Track/heading;

(ii) Estimated time of arrival (ETA);

(iii) Altitude;

(iv) Geographical coordinates of the current location of the aircraft; and

(v) Aircraft speed.

(4) Controls

If a panning and/or range selection function is available, the EFB application should provide a clear and simple method to return to an own-ship oriented display.

A means to disable the display of the own-ship position should be provided to the flight crew.

(e) Training and procedures

The procedures and training should emphasise the fact that the display of own-ship position on charts or IFW EFB applications should not be used as a primary source of information to fly or navigate the aircraft or as a primary source of weather information.

(1) Procedures:

The following considerations should be addressed in the procedures for the use of charts or IFW EFB application displaying the own-ship position in-flight by the flight crew:

(i) Intended use of the display of own-ship position in-flight on charts or IFW EFB applications;

(ii) Inclusion of the EFB into the regular scan of flight deck systems indications. In particular, systematic cross-check with avionics before being used, whatever the position source; and

(iii) Actions to be taken in case of the identification of a discrepancy between the EFB and avionics.

(2) Training:

Crew members should be trained on the procedures for the use of the application, including the regular cross-check with avionics and the action in case of discrepancy.

IN-FLIGHT WEATHER APPLICATIONS

‘Reliable sources’ of data used by in-flight weather (IFW) applications are the organisations evaluated by the operator as being able to provide an appropriate level of data assurance in terms of accuracy and integrity. It is recommended that the following aspects be considered during that evaluation:

(a) The organisation should have a quality assurance system in place that covers the data source selection, acquisition/import, processing, validity period check, and the distribution phase;

(b) Any meteorological product provided by the organisation that is within the scope of meteorological information included in the flight documentation as defined in MET.TR.215(e) (Annex V (Definitions of terms used in Annexes II to XIII) to Commission Implementing Regulation (EU) 2016/1377) should originate only from authoritative sources or certified providers and should not be transformed or altered, except for the purpose of packaging the data in the correct format. The organisation’s process should provide assurance that the integrity of those products is preserved in the data for use by the IFW application.

USE OF COMMERCIAL OFF-THE-SHELF (COTS) POSITION SOURCE – PRACTICAL EVALUATION

The tests should consist of a statistically relevant sample of taxiing. It is recommended to include taxiing at airports that are representative of the more complex airports typically accessed by the operator. Taxiing segment samples should include data that is derived from runways and taxiways, and should include numerous turns, in particular of 90 degrees or more, and segments in straight lines at the maximum speed at which the own-ship symbol is displayed. Taxiing segment samples should include parts in areas of high buildings such as terminals. The analysis should include at least 25 inbound and/or outbound taxiing segments between the parking location and the runway.

During the tests, any unusual events (such as observing the own-ship symbol in a location on the map that is notably offset compared to the actual position, the own-ship symbol changing to non-directional when the aircraft is moving, and times when the own-ship symbol disappears from the map display) should be noted. For the test, the pilot should be instructed to diligently taxi on the centre line.

APPLICATIONS DISPLAYING OWN-SHIP POSITION IN FLIGHT

The depiction of a circle around the EFB own-ship symbol may be used to differentiate it from the avionics one.

NCC.GEN.135 Information on emergency and survival equipment carried

Regulation (EU) No 800/2013

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.

NCC.GEN.140 Documents, manuals and information to be carried

Regulation (EU) No 800/2013

(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;

(5) the declaration as specified in Annex III (Part-ORO), ORO.DEC.100, to Regulation (EU) No 965/2012;

(6) the list of specific approvals, if applicable;

(7) the aircraft radio licence, if applicable;

(8) the third party liability insurance certificate(s);

(9) the journey log, or equivalent, for the aircraft;

(10) details of the filed ATS flight plan, if applicable;

(11) current and suitable aeronautical charts for the route of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;

(12) procedures and visual signals information for use by intercepting and intercepted aircraft;

(13) information concerning search and rescue services for the area of the intended flight;

(14) the current parts of the operations manual that are relevant to the duties of the crew members, which shall be easily accessible to the crew members;

(15) the MEL or CDL;

(16) appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;

(17) appropriate meteorological information;

(18) cargo and/or passenger manifests, if applicable; and

(19) any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.

(b) In case of loss or theft of documents specified in (a)(2) to (a)(8), the operation may continue until the flight reaches its destination or a place where replacement documents can be provided.

GENERAL

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, unless these data are available in the parts of the operations manual carried on board.

CERTIFICATE OF AIRWORTHINESS

The certificate of airworthiness should be a normal certificate of airworthiness or a restricted certificate of airworthiness issued in accordance with the applicable airworthiness requirements.

JOURNEY LOG OR EQUIVALENT

‘Journey log or equivalent’ means in this context 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.

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.

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 should reflect those contained in the International Civil Aviation Organisation’s (ICAO) Annex 2. This may be part of the operations manual.

SEARCH AND RESCUE INFORMATION

This information is usually found in the State’s aeronautical information publication.

APPROPRIATE METEOROLOGICAL INFORMATION

The appropriate meteorological information should be relevant to the planned operation, as specified in point (a) of point MET.TR.215 of Annex V (Part MET) to Regulation (EU) 2017/373, and comprise the following:

(a) the meteorological information that is specified in point (e) of point MET.TR.215 of Part-MET; and

(b) supplemental meteorological information:

(1) information other than that specified in point (a), which should be based on data from certified meteorological service providers; or

(2) information from other reliable sources of meteorological information that should be evaluated by the operator.

DATA FROM CERTIFIED METEOROLOGICAL SERVICE PROVIDERS

In the context of point (b)(1) of AMC1 NCC.GEN.140(a)(17), the operator may consider that any meteorological information that is provided by the organisation within the scope of the meteorological information included in the flight documentation defined in point (e) of MET.TR.215 of Part-MET should originate only from authoritative sources or certified providers, and should not be transformed or tampered, except for the purpose of presenting the data in the correct format. The organisation’s process should provide assurance that the integrity of such service is preserved in the data to be used by both flight crews and operators, regardless of their form.

INFORMATION FROM OTHER RELIABLE SOURCES OF METEOROLOGICAL INFORMATION

In the context of point (b)(2) of AMC1 NCC.GEN.140(a)(17), reliable sources of meteorological information are organisations that are able to provide an appropriate level of data assurance in terms of accuracy and integrity. The operator may consider in the evaluation that the organisation has a quality assurance system in place that covers source selection, acquisition/import, processing, validity period check, and distribution phase of data.

SUPPLEMENTAL METEOROLOGICAL INFORMATION AND SUPPLEMENTARY INFORMATION

Supplemental meteorological information: when operating under specific provisions and without the meteorological information from a certified service provider, the operator should use ‘supplemental meteorological information’, such as digital imagery. Related information can be found in point (e)(4) of AMC1 CAT.OP.MPA.192.

Supplementary information: it is included in point (a) of AMC1 CAT.GEN.MPA.180(a)(18) and refers to meteorological information to be reported in specific cases such as freezing precipitation, blowing snow, thunderstorm, etc.

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.

STATES CONCERNED WITH THE FLIGHT

The States concerned are those of origin, transit, overflight and destination of the flight.

NCC.GEN.145 Handling of flight recorder recordings: Preservation, production, protection and use

Regulation (EU) 2019/1387

(a) Following an accident, a serious incident or an occurrence identified by the investigating authority, the operator of an aircraft shall preserve the original recorded data of the flight recorders for a period of 60 days or until otherwise directed by the investigating authority.

(b) The operator shall conduct operational checks and evaluations of recordings to ensure the continued serviceability of the flight recorders which are required to be carried.

(c) The operator shall ensure that the recordings of flight parameters and data link communication messages required to be recorded on flight recorders are preserved. However, for the purpose of testing and maintaining those flight recorders, up to 1 hour of the oldest recorded data at the time of testing may be erased.

(d) The operator shall keep and maintain up to date documentation that presents the necessary information to convert raw flight data into flight parameters expressed in engineering units.

(e) The operator shall make available any flight recorder recordings that have been preserved, if so determined by the competent authority.

(f) Without prejudice to Regulations (EU) No 996/2010 and (EU) 2016/679:

(1) Except for ensuring flight recorder serviceability, audio recordings from a flight recorder shall not be disclosed or used unless all of the following conditions are fulfilled:

(i) a procedure related to the handling of such audio recordings and of their transcript is in place;

(ii) all crew members and maintenance personnel concerned have given their prior consent;

(iii) such audio recordings are used only for maintaining or improving safety.

(1a) When flight recorder audio recordings are inspected for ensuring flight recorder serviceability, the operator shall protect the privacy of those audio recordings and make sure that they are not disclosed or used for purposes other than ensuring flight recorder serviceability.

(2) Flight parameters or data link messages recorded by a flight recorder shall not be used for purposes other than for the investigation of an accident or an incident which is subject to mandatory reporting, unless such recordings meet any of the following conditions:

(i) are used by the operator for airworthiness or maintenance purposes only;

(ii) are de-identified;

(iii) are disclosed under secure procedures.

(3) Except for ensuring flight recorder serviceability, images of the flight crew compartment that are recorded by a flight recorder shall not be disclosed or used unless all the following conditions are fulfilled:

(i) a procedure related to the handling of such image recordings is in place;

(ii) all crew members and maintenance personnel concerned have given their prior consent;

(iii) such image recordings are used only for maintaining or improving safety.

(3a) When images of the flight crew compartment that are recorded by a flight recorder are inspected for ensuring the serviceability of the flight recorder, then:

(i) those images shall not be disclosed or used for purposes other than for ensuring flight recorder serviceability;

(ii) if body parts of crew members are likely to be visible on the images, the operator shall ensure the privacy of those images.

PRESERVATION OF RECORDED DATA FOR INVESTIGATION

(a) The operator should establish procedures to ensure that flight recorder recordings are preserved for the investigating authority.

(b) These procedures should include:

(1) instructions for flight crew members to deactivate the flight recorders immediately after completion of the flight and inform relevant personnel that the recording of the flight recorders should be preserved. These instructions should be readily available on board; and

(2) instructions to prevent inadvertent reactivation, test, repair or reinstallation of the flight recorders by operator personnel or during maintenance or ground handling activities performed by third parties.

GM1 NCC.GEN.145(a) Handling of flight recorder recordings: preservation, production, protection and use

ED Decision 2015/030/R

REMOVAL OF RECORDERS IN CASE OF AN INVESTIGATION

The need for removal of the recorders from the aircraft is determined by the investigating authority with due regard to the seriousness of an occurrence and the circumstances, including the impact on the operation.

AMC1 NCC.GEN.145(b) Handling of flight recorder recordings: preservation, production, protection and use

ED Decision 2021/005/R

INSPECTIONS AND CHECKS OF RECORDINGS

(a) The operator should perform an inspection of the FDR recording and the CVR recording every year unless one or more of the following applies:

(1) If the flight recorder records on magnetic wire or uses frequency modulation technology, the time interval between two inspections of the recording should not exceed 3 months.

(2) If the flight recorder is solid-state and the flight recorder system is fitted with continuous monitoring for proper operation, the time interval between two inspections of the recording may be up to 2 years.

(3) In the case of an aircraft equipped with two solid-state flight data and cockpit voice combination recorders, where

(i)  the flight recorder systems are fitted with continuous monitoring for proper operation, and

(ii)  the flight recorders share the same flight data acquisition, a comprehensive inspection of the recording needs only to be performed for one flight recorder position. The inspection of the recordings should be performed alternately so that each flight recorder position is inspected at time intervals not exceeding 4 years.

(4) Where all the following conditions are met, the inspection of FDR recording is not needed:

(i)  the aircraft flight data is collected in the frame of a flight data monitoring (FDM) programme;

(ii)  the data acquisition of mandatory flight parameters is the same for the FDR and for the recorder used for the FDM programme;

(iii)  an inspection similar to the inspection of the FDR recording and covering all mandatory flight parameters is conducted on the FDM data at time intervals not exceeding 2 years; and

(iv)  the FDR is solid-state and the FDR system is fitted with continuous monitoring for proper operation.

(b) The operator should perform every 5 years an inspection of the data link recording.

(c) The operator should perform, at time intervals not exceeding 2 years, an inspection of the recording of flight recorders other than an FDR, which are installed on an aircraft in order to ensure compliance with CAT.IDE.A.191 or CAT.IDE.H.191;

(d) When installed, the aural or visual means for preflight checking of the flight recorders for proper operation should be used on each day when the aircraft is operated. When no such means is available for a flight recorder, the operator should perform an operational check of this flight recorder at intervals not exceeding 150 flight hours or 7 calendar days of operation, whichever is considered more suitable by the operator.

(e) The operator should check every 5 years, or in accordance with the recommendations of the sensor manufacturer, that the parameters dedicated to the FDR and not monitored by other means are being recorded within the calibration tolerances and that there is no discrepancy in the engineering conversion routines for these parameters.

GM1 NCC.GEN.145(b) Handling of flight recorder recordings: preservation, production, protection and use

ED Decision 2021/005/R

INSPECTION OF THE FLIGHT RECORDERS’ RECORDINGS FOR ENSURING SERVICEABILITY

(a) The inspection of the recorded flight parameters usually consists of the following:

(1) Making a copy of the complete recording file.

(2) Converting the recording to parameters expressed in engineering units in accordance with the documentation required to be held.

(3) Examining a whole flight in engineering units to evaluate the validity of all mandatory parameters – this could reveal defects or noise in the measuring and processing chains and indicate necessary maintenance actions. The following should be considered:

(i) when applicable, each parameter should be expressed in engineering units and checked for different values of its operational range – for this purpose, some parameters may need to be inspected at different flight phases; and

(ii) (only applicable to an FDR) if the parameter is delivered by a digital data bus and the same data are utilised for the operation of the aircraft, then a reasonableness check may be sufficient; otherwise a correlation check may need to be performed:

(A) a reasonableness check is understood in this context as a subjective, qualitative evaluation, requiring technical judgement, of the recordings from a complete flight; and

(B) a correlation check is understood in this context as the process of comparing data recorded by the flight data recorder against the corresponding data derived from flight instruments, indicators or the expected values obtained during specified portion(s) of a flight profile or during ground checks that are conducted for that purpose.

(4) Retaining the most recent copy of the complete recording file and the corresponding recording inspection report that includes references to the documentation required to be held.

(b) When performing the inspection of an audio recording from a flight recorder, precautions need to be taken to comply with NCC.GEN.145(f)(1a). The inspection of the audio recording usually consists of:

(1) checking that the flight recorder operates correctly for the nominal duration of the recording;

(2) examining samples of in-flight audio recording from the flight recorder for evidence that the signal is acceptable on each channel and in all phases of flight; and

(3) preparing and retaining an inspection report.

(c) The inspection of the DLR recording usually consists of:

(1)  Checking the consistency of the data link recording with other recordings for example, during a designated flight, the flight crew speaks out a few data link messages sent and received. After the flight, the data link recording and the CVR recording are compared for consistency.

(2)  Retaining the most recent copy of the complete recording and the corresponding inspection report.

(d) When inspecting images recorded by a flight recorder, precautions need to be taken to comply with NCC.GEN.145(f)(3a). The inspection of such images usually consists of the following:

(1) checking that the flight recorder operates correctly for the nominal duration of the recording;

(2) examining samples of images recorded in different flight phases for evidence that the images of each camera are of acceptable quality; and

(3) preparing and retaining an inspection report.

GM2 NCC.GEN.145(b) Handling of flight recorder recordings: preservation, production, protection and use

ED Decision 2016/012/R

MONITORING AND CHECKING THE PROPER OPERATION OF FLIGHT RECORDERS – EXPLANATION OF TERMS

For the understanding of the terms used in AMC1 NCC.GEN.145(b):

(a) ‘operational check of the flight recorder’ means a check of the flight recorder for proper operation. It is not a check of the quality of the recording and, therefore, it is not equivalent to an inspection of the recording. This check can be carried out by the flight crew or through a maintenance task.

(b) ‘aural or visual means for preflight checking the flight recorders for proper operation’ means an aural or visual means for the flight crew to check before the flight the results of an automatically or manually initiated test of the flight recorders for proper operation. Such a means provides for an operational check that can be performed by the flight crew.

(c) ‘flight recorder system’ means the flight recorder, its dedicated sensors and transducers, as well as its dedicated acquisition and processing equipment.

(d) ‘continuous monitoring for proper operation’ means for a flight recorder system, a combination of system monitors and/or built-in test functions which operates continuously in order to detect the following:

(1) loss of electrical power to the flight recorder system;

(2) failure of the equipment performing acquisition and processing;

(3) failure of the recording medium and/or drive mechanism; and

(4) failure of the recorder to store the data in the recording medium as shown by checks of the recorded data including, as reasonably practicable for the storage medium concerned, correct correspondence with the input data.

However, detections by the continuous monitoring for proper operation do not need to be automatically reported to the flight crew compartment.

CVR AUDIO QUALITY

Additional guidance material for performing the CVR recording inspection may be found in the document of the French Bureau d’Enquêtes et d’Analyses, titled ‘Guidance on CVR recording inspection’ and dated October 2018 or later.

USE OF AUDIO RECORDINGS FOR MAINTAINING OR IMPROVING SAFETY

(a) The procedure related to the handling of audio recordings from flight recorders and of their transcripts should be documented and signed by all parties (aircraft operator, crew members, maintenance personnel if applicable). This procedure should take into account Regulation (EU) 2016/67991 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). and, as a minimum, define:

(1) the method to obtain the consent of all crew members and maintenance personnel concerned;

(2) an access and security policy that restricts access to audio recordings from flight recorders and their transcripts to specifically authorised persons identified by their position;

(3) a retention policy and accountability, including the measures to be taken to ensure the security of audio recordings from flight recorders and their transcripts and their protection from misuse. The retention policy should specify the period of time after which such audio recordings and identified transcripts are destroyed;

(4) a description of the uses made of audio recordings from flight recorders and their transcripts;

(5) the participation of flight crew member representatives in the assessment of audio recordings from flight recorders and their transcripts;

(6) the conditions under which advisory briefing or remedial training should take place; this should always be carried out in a constructive and non-punitive manner; and

(7) the conditions under which actions other than advisory briefing or remedial training may be taken for reasons of gross negligence or significant continuing safety concern.

(b) Each time an audio recording file from a flight recorder is read out under the conditions defined by NCC.GEN.145(f)(1):

(1) parts of the audio recording file that contain information with a privacy content should be deleted to the extent possible, and it should not be permitted that the detail of information with a privacy content is transcribed; and

(2) the operator should retain, and when requested, provide to the competent authority:

(i) information on the use made (or the intended use) of the audio recording file; and

(ii) evidence that the persons concerned consented to the use made (or the intended use) of the audio recording file.

(c) The person who fulfils the role of a safety manager should also be responsible for the protection and use of audio recordings from flight recorders and their transcripts, as well as for the assessment of issues and their transmission to the manager(s) responsible for the process concerned.

(d) In case a third party is involved in the use of audio recordings from flight recorders, contractual agreements with this third party should over the aspects enumerated in (a) and (b).

INSPECTION OF AUDIO RECORDINGS FOR ENSURING SERVICEABILITY

(a) When an inspection of the audio recordings from a flight recorder is performed for ensuring audio quality and intelligibility of recorded communications:

(1) the privacy of the audio recordings should be ensured (e.g. by locating the replay equipment in a separated area and/or using headsets);

(2) access to the replay equipment should be restricted to specifically authorised persons identified by their position;

(3) provision should be made for the secure storage of the recording medium, the audio recording files and copies thereof;

(4) the audio recording files and copies thereof should be destroyed not earlier than 2 months and not later than 1 year after completion of the inspection of the audio recordings, except that audio samples with no privacy content may be retained for enhancing this inspection (e.g. for comparing audio quality);

(5) only the accountable manager of the operator and, when identified to comply with ORO.GEN.200, the person fulfilling the role of safety manager should be entitled to request a copy of the audio recording files.

(b) The conditions enumerated in (a) should also be complied with if the inspection of the audio recordings is subcontracted to a third party. The contractual agreements with the third party should explicitly cover these aspects.

USE OF IMAGES FROM THE FLIGHT CREW COMPARTMENT FOR MAINTAINING OR IMPROVING SAFETY

(a) The procedure related to the handling of images of the flight crew compartment that are recorded by a flight recorder should be documented and signed by all parties involved (aircraft operator, crew member representatives nominated either by the union or the crew themselves, maintenance personnel representatives if applicable). This procedure should take into account Regulation (EU) 2016/679 and, as a minimum, define the following aspects:

(1) the method to obtain the consent of all crew members and maintenance personnel concerned;

(2) an access and security policy that restricts access to the image recordings to specifically authorised persons identified by their position;

(3) a retention policy and accountability, including the measures to ensure the security of the image recordings and their protection from misuse;

(4) a description of the uses made of the image recordings;

(5) the participation of flight crew member representatives in the assessment of the image recordings;

(6) the conditions under which advisory briefing or remedial training should take place; this should always be carried out in a constructive and non-punitive manner; and

(7) the conditions under which actions other than advisory briefing or remedial training may be taken for reasons of gross negligence or significant continuing safety concern.

(b) Each time a recording file from a flight recorder and containing images of the flight crew compartment is read out for purposes other than ensuring the serviceability of that flight recorder:

(1) images that contain information with a privacy content should be deleted to the extent possible, and it should not be permitted that the detail of information with a privacy content is transcribed;

(2) the operator should retain, and when requested, provide the competent authority with:

(i) information on the use made (or the intended use) of the recording file; and

(ii) evidence that the crew members concerned consented to the use made (or the intended use) of the flight crew compartment images.

(c) The person fulfilling the role of safety manager should be responsible for the protection and use of images of the flight crew compartment that are recorded by a flight recorder, as well as for the assessment of issues and their transmission to the manager(s) responsible for the process concerned.

(d) In case a third party is involved in the use of images of the flight crew compartment that are recorded by a flight recorder, contractual agreements with this third party should cover the aspects enumerated in (a) and (b).

INSPECTION OF IMAGES OF THE FLIGHT CREW COMPARTMENT FOR ENSURING SERVICEABILITY

(a) When images of the flight crew compartment recorded by a flight recorder are inspected for ensuring the serviceability of the flight recorder, and any body part of a crew member is likely to be visible on these images, then:

(1) the privacy of the image recordings should be ensured (e.g. by locating the replay equipment in a separated area);

(2) access to the replay equipment should be restricted to specifically authorised persons identified by their position;

(3) provisions should be made for the secure storage of the recording medium, the image recording files and copies thereof;

(4) the image recording files and copies thereof should be destroyed not earlier than 2 months and not later than 1 year after completion of the inspection of the image recordings. Images that do not contain any body part of a person may be retained for enhancing this inspection (e.g. for comparing image quality); and

(5) only the accountable manager of the operator and, when identified to comply with ORO.GEN.200, the safety manager should be entitled to request a copy of the image recording files.

(b) The conditions enumerated in (a) should also be complied with if the inspection of the image recording is subcontracted to a third party. The contractual agreements with the third party should explicitly cover these aspects.

FLIGHT CREW COMPARTMENT

If there are no compartments to physically segregate the flight crew from the passengers during the flight, the ‘flight crew compartment’ in point (f) of NCC.GEN.145 should be understood as the area including:

(a) the flight crew seats;

(b) aircraft and engine controls;

(c) aircraft instruments;

(d) windshield and windows used by the flight crew to get an external view while seated at their duty station; and

(e) circuit breakers accessible by the flight crew while seated at their duty station.

NCC.GEN.150 Transport of dangerous goods

Regulation (EU) No 800/2013

(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 crew members, or are in baggage, in accordance with Part 8 of the Technical Instructions.

(c) The operator shall establish procedures to ensure that all reasonable measures are taken to prevent dangerous goods from being carried on board inadvertently.

(d) The operator shall provide personnel with the necessary information enabling them to carry out their responsibilities, as required by the Technical Instructions.

(e) The operator 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.

(f) The operator shall ensure that passengers are provided with information about dangerous goods in accordance with the Technical Instructions.

(g) The operator shall ensure that notices giving information about the transport of dangerous goods are provided at acceptance points for cargo as required by the Technical Instructions.

DANGEROUS GOODS ACCIDENT AND INCIDENT REPORTING

(a) Any type of dangerous goods accident or incident, 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 a 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 (c). 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 and the reference number of the air waybill, pouch, baggage tag, ticket, etc.;

(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;

(7) quantity;

(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

 

DGOR No:

1. Operator:

 

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.
(if necessary continue on the reverse of this form)

 

 

 

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:

26. Company:

 

27. Reporters ref:

28. Address:

29. Signature:

 

30. Date:

 

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 Council92 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 NCC.GEN.150(e).

5. Providing it is safe to do so, all dangerous goods, packagings, documents, etc. relating to the occurrence should be retained until after the initial report has been sent to the authorities identified in NCC.GEN.150(e), and they have indicated whether or not these should continue to be retained.

GENERAL

(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.