FAQ n.19123

Do the new EASA rules also apply to non-commercial operations?

Answer

Reference: Regulation (EU) No 965/2012 on Air Operations as amended by Regulation (EU) No 800/2013, (EU) 71/2014 and (EU) 83/2014

Yes, the new rules also apply to non-commercial operations. For general aviation and business/corporate aviation, the applicable rules are partly determined by the type of aircraft being flown: Annex VI (Part NCC: non-commercial operations with complex motor-powered aircraft) or Annex VII (Part NCO: non-commercial operations with other-than-complex motor-powered aircraft) will apply. The definition of complex motor-powered aircraft is found in Article 3 of the Basic Regulation and is as follows:

“complex motor-powered aircraft' shall mean:

(i) an aeroplane:

  • with a maximum certificated take-off mass exceeding 5 700 kg, or
  • certificated for a maximum passenger seating configuration of more than nineteen, or
  • certificated for operation with a minimum crew of at least two pilots, or
  • equipped with (a) turbojet engine(s) or more than one turboprop engine, or

(ii) a helicopter certificated:

  • for a maximum take-off mass exceeding 3 175 kg, or
  • for a maximum passenger seating configuration of more than nine, or
  • for operation with a minimum crew of at least two pilots,#

or

(iii) a tilt rotor aircraft”.

The definition for 'commercial operation' is also contained in Article 3 of the Basic Regulation:

“(i) 'commercial operation' shall mean any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and customer, where the latter has no control over the operator”.

Training flights fall under either Part NCC or Part NCO, depending on the aircraft being flown.

In addition, Part SPA applies to any operations requiring a specific approval (e.g. low visibility operations, transport of dangerous goods, performance-based navigation and more).

Finally, Annexes II (Part ARO) and III (Part ORO) contain respectively the authority and organisation requirements regarding air operations. Annex III applies to operators of complex motor-powered aircraft, both commercial and non-commercial.

Last updated: 
14/02/2014

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