Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council

The pilot-in-command shall only commence take-off if the aircraft is clear of any deposit that might adversely affect the performance or controllability of the aircraft, except as permitted in the AFM.

NCO.OP.170   Ice and other contaminants — flight procedures

• (a)The pilot-in-command shall only commence a flight or intentionally fly into expected or actual icing conditions if the aircraft is certified and equipped to cope with such conditions as referred to in 2.a.5 of Annex IV to Regulation (EC) No 216/2008.

- (b)If icing exceeds the intensity of icing for which the aircraft is certified or if an aircraft not certified for flight in known icing conditions encounters icing, the pilot-in-command shall exit the icing conditions without delay, by a change of level and/or route, and if necessary by declaring an emergency to ATC.

NCO.OP.175   Take-off conditions

Before commencing take-off, the pilot-in-command shall be satisfied that:

• (a) according to the information available, the meteorological conditions at the aerodrome or the operating site and the condition of the runway/FATO intended to be used will not prevent a safe take-off and departure; and

- (b) the selected aerodrome operating minima are consistent with all of the following:

• (1) the operative ground equipment;
• (2) the operative aircraft systems;
• (3) the aircraft performance;
• (4) flight crew qualifications.

NCO.OP.180   Simulated situations in flight

• (a)The pilot-in-command shall, when carrying passengers or cargo, not simulate:

• (1) situations that require the application of abnormal or emergency procedures; or

• (2) flight in instrument meteorological conditions (IMC).

- (b)Notwithstanding (a), when training flights are conducted by a training organisation referred to in Article 10a of Commission Regulation (EU) No 1178/2011, such situations may be simulated with student pilots on board.

NCO.OP.185   In-flight fuel/energy management

• (a) The pilot-in-command shall monitor the amount of usable fuel/energy remaining on board to ensure that it is protected and not less than the fuel/energy that is required to proceed to an aerodrome or operating site where a safe landing can be made.

• (b) The pilot-in-command of a controlled flight shall advise air traffic control (ATC) of a ‘minimum fuel/energy’ state by declaring ‘MINIMUM FUEL’ when the pilot-in-command has:
• (1) committed to land at a specific aerodrome or operating site; and
• (2) calculated that any change to the existing clearance to that aerodrome or operating site, or other air traffic delays, may result in landing with less than the planned final reserve fuel/energy.

- (c) The pilot-in-command of a controlled flight shall declare a situation of ‘fuel/energy emergency’ by broadcasting ‘MAYDAY MAYDAY MAYDAY FUEL’ when the usable fuel/energy estimated to be available upon landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve fuel/energy.

NCO.OP.190   Use of supplemental oxygen

• (a) The pilot-in-command shall ensure that all flight crew members engaged in performing duties essential to the safe operation of an aircraft in flight use supplemental oxygen continuously whenever he/she determines that at the altitude of the intended flight the lack of oxygen might result in impairment of the faculties of crew members, and shall ensure that supplemental oxygen is available to passengers when lack of oxygen might harmfully affect passengers.

- (b) In any other case when the pilot-in-command cannot determine how the lack of oxygen might affect all occupants on board, he/she shall ensure that:

• (1) all crew members engaged in performing duties essential to the safe operation of an aircraft in flight use supplemental oxygen for any period in excess of 30 minutes when the pressure altitude in the the passenger compartment will be between 10 000 ft and 13 000 ft; and
• (2) all occupants use supplemental oxygen for any period that the pressure altitude in the the passenger compartment will be above 13 000 ft.

NCO.OP.195   Ground proximity detection

When undue proximity to the ground is detected by the pilot-in-command or by a ground proximity warning system, the pilot-in-command shall take corrective action immediately in order to establish safe flight conditions.

NCO.OP.200   Airborne collision avoidance system (ACAS II)

When ACAS II is used, operational procedures and training shall be in accordance with Regulation (EU) No 1332/2011.

NCO.OP.205   Approach and landing conditions — aeroplanes

Before commencing an approach to land, the pilot-in-command shall be satisfied that:

• (a) according to the information available, the meteorological conditions at the aerodrome or the operating site, and the condition of the runway intended to be used will not prevent a safe approach, landing, or missed approach; and

- (b) the selected aerodrome operating minima are consistent with all of the following:

• (1) the operative ground equipment;
• (2) the operative aircraft systems;
• (3) the aircraft performance, and
• (4) flight crew qualifications.

NCO.OP.206   Approach and landing conditions — helicopters

Before commencing an approach to land, the pilot-in-command shall be satisfied that:

• (a) according to the information available, the meteorological conditions at the aerodrome or the operating site and the condition of the final approach and take-off area (FATO) intended to be used will not prevent a safe approach, landing or missed approach; and

- (b) the selected aerodrome operating minima are consistent with all of the following:

• (1) the operative ground equipment;
• (2) the operative aircraft systems;
• (3) the aircraft performance;
• (4) flight crew qualifications.

NCO.OP.207   Approach and landing conditions – gyroplanes

Before commencing an approach to land, the pilot-in-command shall be satisfied that, according to the information available, the weather at the aerodrome or the operating site and the condition of the runway intended to be used do not prevent a safe approach, landing or missed approach.

NCO.OP.210   Commencement and continuation of approach — aeroplanes and helicopters

• (a) If the controlling RVR for the runway to be used for landing is less than 550 m (or any lower value established in accordance with an approval under SPA.LVO), then an instrument approach operation shall not be continued:
• (1) past a point at which the aircraft is 1 000 ft above the aerodrome elevation; or
• (2) into the final approach segment if the DH or MDH is higher than 1 000 ft.

• (b) If the required visual reference is not established, a missed approach shall be executed at or before the DA/H or the MDA/H.

- (c) If the required visual reference is not maintained after DA/H or MDA/H, a go-around shall be executed promptly.

NCO.OP.220   Airborne collision avoidance system (ACAS II)

When ACAS II is used, pilot-in-command shall apply the appropriate operational procedures and be adequately trained.

SUBPART C

AIRCRAFT PERFORMANCE AND OPERATING LIMITATIONS

NCO.POL.100   Operating limitations — all aircraft

• (a)During any phase of operation, the loading, the mass and the centre of gravity (CG) position of the aircraft shall comply with any limitation specified in the AFM or equivalent document.

- (b)Placards, listings, instrument markings, or combinations thereof, containing those operating limitations prescribed by the AFM for visual presentation, shall be displayed in the aircraft.

NCO.POL.105   Weighing

• (a) The operator shall ensure that the mass and the CG of the aircraft have been established by actual weighing prior to the initial entry into service of the aircraft. The accumulated effects of modifications and repairs on the mass and balance shall be accounted for and properly documented. Such information shall be made available to the pilot-in-command. The aircraft shall be reweighed if the effect of modifications on the mass and balance is not accurately known.

- (b) The weighing shall be accomplished by the manufacturer of the aircraft or by an approved maintenance organisation.

NCO.POL.110   Performance — general

The pilot-in-command shall only operate the aircraft if the performance is adequate to comply with the applicable rules of the air and any other restrictions applicable to the flight, the airspace or the aerodromes or operating sites used, taking into account the charting accuracy of any charts and maps used.

SUBPART D

INSTRUMENTS, DATA AND EQUIPMENT

SECTION 1

Aeroplanes

NCO.IDE.A.100   Instruments and equipment — general

• (a)Instruments and equipment required by this Subpart shall be approved in accordance with the applicable airworthiness requirements if they are:

• (1) used by the flight crew to control the flight path;

• (2) used to comply with NCO.IDE.A.190;

• (3) used to comply with NCO.IDE.A.195; or

• (4) installed in the aeroplane.

• (b)The following items, when required under this Subpart, do not need an equipment approval:

• (1) spare fuses;

• (2) independent portable lights;

• (3) an accurate time piece;

• (4) first-aid kit;

• (5) survival and signalling equipment;

• (6) sea anchor and equipment for mooring;

• (7) child restraint device;

• (8) a simple PCDS used by a task specialist as a restraint device.

• (c)Instruments and equipment not required under Annex VII (Part-NCO) as well as any other equipment that is not required under this Regulation, but is carried on a flight, shall comply with the following requirements:

• (1) the information provided by those instruments or equipment shall not be used by the flight crew members to comply with Annex II to Regulation (EU) 2018/1139 or points NCO.IDE.A.190 and NCO.IDE.A.195 of Annex VII;

• (2) the instruments and equipment shall not affect the airworthiness of the aeroplane, even in the case of failures or malfunction.

• (d)Instruments and equipment shall be readily operable or accessible from the station where the flight crew member that needs to use it is seated.

- (e)All required emergency equipment shall be easily accessible for immediate use.

NCO.IDE.A.105   Minimum equipment for flight

A flight shall not be commenced when any of the aeroplane instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless:

• (a) the aeroplane is operated in accordance with the MEL, if established; or

- (b) the aeroplane is subject to a permit to fly issued in accordance with the applicable airworthiness requirements.

NCO.IDE.A.110   Spare electrical fuses

Aeroplanes shall be equipped with spare electrical fuses, of the ratings required for complete circuit protection, for replacement of those fuses that are allowed to be replaced in flight.

NCO.IDE.A.115   Operating lights

Aeroplanes operated at night shall be equipped with:

• (a) an anti-collision light system;

• (b) navigation/position lights;

• (c) a landing light;

• (d) lighting supplied from the aeroplane’s electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the aeroplane;

• (e) lighting supplied from the aeroplane’s electrical system to provide illumination in all passenger compartments;

• (f) an independent portable light for each crew member station; and

- (g) lights to conform with the International Regulations for Preventing Collisions at Sea if the aeroplane is operated as a seaplane.

NCO.IDE.A.120   Operations under VFR — flight and navigational instruments and associated equipment

• (a)Aeroplanes operated under VFR by day shall be equipped with a means of measuring and displaying the following:

• (1) magnetic heading;

• (2) time, in hours, minutes and seconds;

• (3) barometric altitude;

• (4) indicated airspeed; and

• (5) Mach number, whenever speed limitations are expressed in terms of Mach number.

• (b)Aeroplanes operated under visual meteorological conditions (VMC) at night, or in conditions where the aeroplane cannot be maintained in a desired flight path without reference to one or more additional instruments, shall be, in addition to (a), equipped with:

• (1) a means of measuring and displaying the following:
• (i) turn and slip;
• (ii) attitude;
• (iii) vertical speed; and
• (iv) stabilised heading; and

• (2) a means of indicating when the supply of power to the gyroscopic instruments is not adequate.

- (c)Aeroplanes operated in conditions where they cannot be maintained in a desired flight path without reference to one or more additional instruments, shall be, in addition to (a) and (b), equipped with a means of preventing malfunction of the airspeed indicating system required in (a)(4) due to condensation or icing.

NCO.IDE.A.125   Operations under IFR — flight and navigational instruments and associated equipment

Aeroplanes operated under IFR shall be equipped with:

• (a) a means of measuring and displaying the following:
• (1) magnetic heading;
• (2) time in hours, minutes and seconds;
• (3) barometric altitude;
• (4) indicated airspeed;
• (5) vertical speed;
• (6) turn and slip;
• (7) attitude;
• (8) stabilised heading;
• (9) outside air temperature; and
• (10) Mach number, whenever speed limitations are expressed in terms of Mach number;

• (b) a means of indicating when the supply of power to the gyroscopic instruments is not adequate; and

- (c) a means of preventing malfunction of the airspeed indicating system required in (a)(4) due to condensation or icing.

NCO.IDE.A.130   Terrain awareness warning system (TAWS)

Turbine-powered aeroplanes certified for a maximum passenger seating configuration of more than nine shall be equipped with a TAWS that meets the requirements for:

• (a) class A equipment, as specified in an acceptable standard, in the case of aeroplanes for which the individual certificate of airworthiness (CofA) was first issued after 1 January 2011; or

- (b) class B equipment, as specified in an acceptable standard, in the case of aeroplanes for which the individual CofA was first issued on or before 1 January 2011.

NCO.IDE.A.135   Flight crew interphone system

Aeroplanes operated by more than one flight crew member shall be equipped with a flight crew interphone system, including headsets and microphones for use by all flight crew members.

NCO.IDE.A.140   Seats, seat safety belts, restraint systems and child restraint devices

• (a)Aeroplanes shall be equipped with:

• (1) a seat or berth for each person on board who is aged 24 months or more;

• (2) a seat belt on each seat and restraining belts for each berth;

• (3) a child restraint device (CRD) for each person on board younger than 24 months; and

- (4) a seat belt with upper torso restraint system on each flight crew seat, having a single point release for aeroplanes having a CofA first issued on or after 25 August 2016.

NCO.IDE.A.145   First-aid kit

• (a)Aeroplanes shall be equipped with a first-aid kit.

• (b)The first-aid kit shall be:

• (1) readily accessible for use; and

- (2) kept up-to-date.

NCO.IDE.A.150   Supplemental oxygen — pressurised aeroplanes

• (a)Pressurised aeroplanes operated at flight altitudes for which the oxygen supply is required in accordance with (b) shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the required oxygen supplies.

• (b)Pressurised aeroplanes operated above flight altitudes at which the pressure altitude in the passenger compartments is above 10 000 ft shall carry enough breathing oxygen to supply:

• (1) all crew members and:
• (i) 100 % of the passengers for any period when the cabin pressure altitude exceeds 15 000 ft, but in no case less than 10 minutes’ supply;
• (ii) at least 30 % of the passengers, for any period when, in the event of loss of pressurisation and taking into account the circumstances of the flight, the pressure altitude in the passenger compartment will be between 14 000 ft and 15 000 ft; and
• (iii) at least 10 % of the passengers for any period in excess of 30 minutes when the pressure altitude in the passenger compartment will be between 10 000 ft and 14 000 ft; and

• (2) all the occupants of the passenger compartment for no less than 10 minutes, in the case of aeroplanes operated at pressure altitudes above 25 000 ft, or operated below that altitude but under conditions that will not allow them to descend safely to a pressure altitude of 13 000 ft within 4 minutes.

- (c)Pressurised aeroplanes operated at flight altitudes above 25 000 ft shall, in addition, be equipped with a device to provide a warning indication to the flight crew of any loss of pressurisation.

NCO.IDE.A.155   Supplemental oxygen — non-pressurised aeroplanes

Non-pressurised aeroplanes operated when an oxygen supply is required in accordance with NCO.OP.190 shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the required oxygen supplies.

NCO.IDE.A.160   Hand fire extinguishers

• (a)Aeroplanes, except ELA1 aeroplanes, shall be equipped with at least one hand fire extinguisher:

• (1) in the flight crew compartment; and

• (2) in each passenger compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.

- (b)The type and quantity of extinguishing agent for the required fire extinguishers shall be suitable for the type of fire likely to occur in the compartment where the extinguisher is intended to be used and to minimise the hazard of toxic gas concentration in compartments occupied by persons.

NCO.IDE.A.165   Marking of break-in points

If areas of the aeroplane’s fuselage suitable for break-in by rescue crews in an emergency are marked, such areas shall be marked as shown in Figure 1.

Figure 1

Marking of break-in points

Image omitted; see official source

NCO.IDE.A.170   Emergency locator transmitter (ELT)

• (a)Aeroplanes shall be equipped with:

• (1) an ELT of any type, when first issued with an individual CofA on or before 1 July 2008;

• (2) an automatic ELT, when first issued with an individual CofA after 1 July 2008; or

• (3) a survival ELT (ELT(S)) or a personal locator beacon (PLB), carried by a crew member or a passenger, when certified for a maximum passenger seating configuration of six or less.

- (b)ELTs of any type and PLBs shall be capable of transmitting simultaneously on 121,5 MHz and 406 MHz.

NCO.IDE.A.175   Flight over water

• (a)The following aeroplanes shall be equipped with a life-jacket for each person on board, or equivalent individual floatation device for each person on board younger than 24 months, that shall be worn or stowed in a position that is readily accessible from the seat or berth of the person for whose use it is provided:

• (1) single-engined landplanes when:
• (i) flying over water beyond gliding distance from land; or
• (ii) taking off or landing at an aerodrome or operating site where, in the opinion of the pilot-in-command, the take-off or approach path is so disposed over water that there would be a likelihood of a ditching;

• (2) seaplanes operated over water; and

• (3) aeroplanes operated at a distance away from land where an emergency landing is possible greater than that corresponding to 30 minutes at normal cruising speed or 50 NM, whichever is less.

• (b)Seaplanes operated over water shall be equipped with:

• (1) one anchor;

• (2) one sea anchor (drogue), when necessary to assist in manoeuvring; and

• (3) equipment for making the sound signals, as prescribed in the International Regulations for Preventing Collisions at Sea, where applicable.

• (c)The pilot-in-command of an aeroplane operated at a distance away from land where an emergency landing is possible greater than that corresponding to 30 minutes at normal cruising speed or 50 NM, whichever is the lesser, shall determine the risks to survival of the occupants of the aeroplane in the event of a ditching, based on which he/she shall determine the carriage of:

• (1) equipment for making the distress signals;

• (2) life-rafts in sufficient numbers to carry all persons on board, stowed so as to facilitate their ready use in emergency; and

- (3) life-saving equipment, to provide the means of sustaining life, as appropriate to the flight to be undertaken.

NCO.IDE.A.180   Survival equipment

Aeroplanes operated over areas in which search and rescue would be especially difficult shall be equipped with such signalling devices and life-saving equipment, including means of sustaining life, as may be appropriate to the area overflown.

NCO.IDE.A.190   Radio communication equipment

• (a)Where required by the airspace being flown aeroplanes shall be equipped with radio communication equipment capable of conducting two-way communication with those aeronautical stations and on those frequencies to meet airspace requirements.

• (b)Radio communication equipment, if required by (a), shall provide for communication on the aeronautical emergency frequency 121,5 MHz.

- (c)When more than one communication equipment unit is required, each shall be independent of the other or others to the extent that a failure in any one will not result in failure of any other.

NCO.IDE.A.195   Navigation equipment

• (a)Aeroplanes operated over routes that cannot be navigated by reference to visual landmarks shall be equipped with any navigation equipment necessary to enable them to proceed in accordance with:

• (1) the ATS flight plan; if applicable; and

• (2) the applicable airspace requirements.

• (b)Aeroplanes shall have sufficient navigation equipment to ensure that, in the event of the failure of one item of equipment at any stage of the flight, the remaining equipment shall allow safe navigation in accordance with (a), or an appropriate contingency action, to be completed safely.

• (c)Aeroplanes operated on flights in which it is intended to land in IMC shall be equipped with suitable equipment capable of providing guidance to a point from which a visual landing can be performed. This equipment shall be capable of providing such guidance for each aerodrome at t which it is intended to land in IMC and for any designated alternate aerodromes.

• (d)For PBN operations the aircraft shall meet the airworthiness certification requirements for the appropriate navigation specification.

- (e)Aeroplanes shall be equipped with surveillance equipment in accordance with the applicable airspace requirements.

NCO.IDE.A.200   Transponder

Where required by the airspace being flown, aeroplanes shall be equipped with a secondary surveillance radar (SSR) transponder with all the required capabilities.

NCO.IDE.A.205   Management of aeronautical databases

• (a) Aeronautical databases used on certified aircraft system applications shall meet data quality requirements that are adequate for the intended use of the data.

• (b) The pilot-in-command shall ensure the timely distribution and insertion of current and unaltered aeronautical databases to the aircraft that require them.

- (c) Notwithstanding any other occurrence reporting requirements as defined in Regulation (EU) No 376/2014, the pilot-in-command shall report to the database provider instances of erroneous, inconsistent or missing data that might be reasonably expected to constitute a hazard to a flight.

In such cases, the pilot-in-command shall not use the affected data.

SECTION 2

Rotorcraft

NCO.IDE.H.100   Instruments and equipment — general

• (a)Instruments and equipment required by this Subpart shall be approved in accordance with the applicable airworthiness requirements if they are:

• (1) used by the flight crew to control the flight path;

• (2) used to comply with NCO.IDE.H.190;

• (3) used to comply with NCO.IDE.H.195; or

• (4) installed in the  rotorcraft.

• (b)The following items, when required under this Subpart, do not need an equipment approval:

• (1) independent portable lights;

• (2) an accurate time piece;

• (3) first-aid kit;

• (4) survival and signalling equipment;

• (5) sea anchor and equipment for mooring;

• (6) child restraint device;

• (7) a simple PCDS used by a task specialist as a restraint device.

• (c)Instruments and equipment or accessories not required under Annex VII (Part-NCO), as well as any other equipment that is not required under this Regulation, but carried on a flight, shall comply with the following requirements:

• (1) the information provided by those instruments, equipment or accessories shall not be used by the flight crew members to comply with Annex II to Regulation (EU) 2018/1139 or points NCO.IDE.H.190 and NCO.IDE.H.195 of Annex VII;

• (2) the instruments and equipment or accessories shall not affect the airworthiness of the  rotorcraft, even in the case of failures or malfunction.

• (d)Instruments and equipment shall be readily operable or accessible from the station where the flight crew member that needs to use it is seated.

- (e)All required emergency equipment shall be easily accessible for immediate use.

NCO.IDE.H.105   Minimum equipment for flight

A flight shall not be commenced when any of the rotorcraft’s instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless:

• (a) the rotorcraft is operated in accordance with the MEL, if established; or

- (b) the rotorcraft is subject to a permit to fly issued in accordance with the applicable airworthiness requirements.

NCO.IDE.H.115   Operating lights

Rotorcraft operated at night shall be equipped with:

• (a) an anti-collision light system;

• (b) navigation/position lights;

• (c) a landing light;

• (d) lighting supplied from the rotorcraft’s electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the rotorcraft;

• (e) lighting supplied from the rotorcraft’s electrical system to provide illumination in all passenger compartments;

• (f) an independent portable light for each crew member station; and

- (g) lights to conform with the International Regulations for Preventing Collisions at Sea if the rotorcraft is amphibious.

NCO.IDE.H.120   Operations under VFR — flight and navigational instruments and associated equipment

• (a) Rotorcraft operated under VFR by day shall be equipped with a means of measuring and displaying the following:

• (1) magnetic heading;

• (2) time in hours, minutes and seconds;

• (3) barometric altitude;

• (4) indicated airspeed; and

• (5) slip.

• (b)Rotorcraft operated under VMC at night, or when the visibility is less than 1 500 m, or in conditions where the rotorcraft cannot be maintained in a desired flight path without reference to one or more additional instruments, shall be, in addition to (a), equipped with:

• (1) a means of measuring and displaying the following:
• (i) attitude;
• (ii) vertical speed; and
• (iii) stabilised heading; and

• (2) a means of indicating when the supply of power to the gyroscopic instruments is not adequate.

- (c)Rotorcraft operated when the visibility is less than 1 500 m, or in conditions where the rotorcraft cannot be maintained in a desired flight path without reference to one or more additional instruments, shall be, in addition to (a) and (b), equipped with a means of preventing malfunction of the airspeed indicating system required in (a)(4) due to condensation or icing.

NCO.IDE.H.125   Operations under IFR — flight and navigational instruments and associated equipment

Helicopters operated under IFR shall be equipped with:

• (a) a means of measuring and displaying the following:
• (1) magnetic heading;
• (2) time in hours, minutes and seconds;
• (3) barometric altitude;
• (4) indicated airspeed;
• (5) vertical speed;
• (6) slip;
• (7) attitude;
• (8) stabilised heading; and
• (9) outside air temperature;

• (b) a means of indicating when the supply of power to the gyroscopic instruments is not adequate;

• (c) a means of preventing malfunction of the airspeed indicating system required by (a)(4) due to condensation or icing; and

- (d) an additional means of measuring and displaying attitude as a standby instrument.

NCO.IDE.H.126   Additional equipment for single pilot operations under IFR

Helicopters operated under IFR with a single pilot shall be equipped with an autopilot with at least altitude hold and heading mode.

NCO.IDE.H.135   Flight crew interphone system

Rotorcraft operated by more than one flight crew member shall be equipped with a flight crew interphone system, including headsets and microphones for use by all flight crew members.

NCO.IDE.H.140   Seats, seat safety belts, restraint systems and child restraint devices

• (a) Rotorcraft shall be equipped with:
• (1) a seat or berth for each person on board that is aged 24 months or older, or a station for each crew member or task specialist on board;
• (2) a seat belt on each passenger seat and restraining belts for each berth, and restraint devices for each station;
• (3) for rotorcraft first issued with an individual CofA after 31 December 2012, a seat belt with an upper-torso restraint system for each passenger that is aged 24 months or older;
• (4) a child restraint device for each person on board younger than 24 months; and
• (5) a seat belt with upper torso restraint system incorporating a device that will automatically restrain the occupant’s torso in the event of rapid deceleration on each flight crew seat.

- (b) A seat belt with upper torso restraint system shall have a single point release.

NCO.IDE.H.145   First-aid kit

• (a) Rotorcraft shall be equipped with a first-aid kit.

• (b)The first-aid kit shall be:

• (1) readily accessible for use; and

- (2) kept up-to-date.

NCO.IDE.H.155   Supplemental oxygen – non-pressurised rotorcraft

Non-pressurised rotorcraft operated when an oxygen supply is required in accordance with NCO.OP.190 shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the required oxygen supplies.

NCO.IDE.H.160   Hand fire extinguishers

• (a)Rotorcraft, except ELA2 helicopters, shall be equipped with at least one hand fire extinguisher:

• (1) in the flight crew compartment; and

• (2) in each passenger compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.

- (b)The type and quantity of extinguishing agent for the required fire extinguishers shall be suitable for the type of fire likely to occur in the compartment where the extinguisher is intended to be used and to minimise the hazard of toxic gas concentration in compartments occupied by persons.

NCO.IDE.H.165   Marking of break-in points

If areas of the rotorcraft’s fuselage suitable for breaking in by rescue crews in an emergency are marked, such areas shall be marked as shown in Figure 1.

Figure 1

Marking of break-in points

Image omitted; see official source

NCO.IDE.H.170   Emergency locator transmitter (ELT)

• (a) Rotorcraft certified for a maximum operational passenger seating configuration above six shall be equipped with:
• (1) an automatic ELT; and
• (2) one survival ELT (ELT(S)) in a life-raft or lifejacket when the rotorcraft is operated at a distance from land corresponding to more than 3 minutes flying time at normal cruising speed.

• (b) Rotorcraft certified for a maximum operational passenger seating configuration of six or less shall be equipped with an ELT(S) or a personal locator beacon (PLB), carried by a crew member or a passenger, or with an automatic ELT.

- (c) ELTs of any type and PLBs shall be capable of transmitting simultaneously on 121,5 MHz and 406 MHz.

NCO.IDE.H.175   Flight over water

• (a) Rotorcraft shall be equipped with a lifejacket for each person on board or equivalent individual flotation device for each person on board younger than 24 months, which shall be worn or stowed in a position that is readily accessible from the seat or berth of the person for whose use it is provided, when:
• (1) flying over water beyond autorotational distance from land where, in case of the critical engine failure, the rotorcraft is not able to sustain level flight; or
• (2) flying over water beyond gliding distance from land where, in case of critical engine failure, the gyroplane is not able to sustain level flight; or
• (3) flying over water at a distance of land corresponding to more than 10 minutes flying at normal cruising speed, where, in case of the critical engine failure, the rotorcraft is able to sustain level flight; or
• (4) taking off or landing at an aerodrome/operating site where the take-off or approach path is over water.

• (b) Each life-jacket or equivalent individual flotation device shall be equipped with a means of electric illumination for the purpose of facilitating the location of persons.

• (c) The pilot-in-command of a rotorcraft operated on a flight over water at a distance from land corresponding to more than 30 minutes flying time at normal cruising speed or 50 NM, whichever is less, shall determine the risks to survival of the occupants of the rotorcraft in the event of a ditching, based on which he or she shall determine the carriage of:
• (1) equipment for making the distress signals;
• (2) life-rafts in sufficient numbers to carry all persons on board, stowed so as to facilitate their ready use in emergency; and
• (3) life-saving equipment, to provide the means of sustaining life, as appropriate to the flight to be undertaken.

- (d) The pilot-in-command shall determine the risks to survival of the occupants of the rotorcraft in the event of a ditching, when deciding if the life-jackets required in point (a) shall be worn by all occupants.

NCO.IDE.H.180   Survival equipment

Rotorcraft, operated over areas in which search and rescue would be especially difficult, shall be equipped with such signalling devices and life-saving equipment, including means of sustaining life, as may be appropriate to the area overflown.

NCO.IDE.H.185   All rotorcraft on flights over water – ditching

Rotorcraft flying over water in a hostile environment beyond a distance of 50 NM from land shall be either of the following:

• (a) designed for landing on water in accordance with the relevant certification specifications;

• (b) certified for ditching in accordance with the relevant certification specifications;

- (c) fitted with emergency flotation equipment.

NCO.IDE.H.190   Radio communication equipment

• (a) Where required by the airspace being flown, rotorcraft shall be equipped with radio communication equipment capable of conducting two-way communication with those aeronautical stations and on those frequencies to meet airspace requirements.

• (b) Radio communication equipment, if required by (a), shall provide for communication on the aeronautical emergency frequency 121,5 MHz.

• (c) When more than one communication equipment unit is required, each shall be independent of the other or others to the extent that a failure in any one will not result in failure of any other.

- (d) When a radio communication system is required, and in addition to the flight crew interphone system required in NCO.IDE.H.135, rotorcraft shall be equipped with a transmit button on the flight controls for each required pilot and/or crew member at his or her working station.

NCO.IDE.H.195   Navigation equipment

• (a)Helicopters operated over routes that cannot be navigated by reference to visual landmarks shall be equipped with navigation equipment that will enable them to proceed in accordance with:

• (1) the ATS flight plan, if applicable; and

• (2) the applicable airspace requirements.

• (b)Helicopters shall have sufficient navigation equipment to ensure that, in the event of the failure of one item of equipment at any stage of the flight, the remaining equipment shall allow safe navigation in accordance with (a), or an appropriate contingency action, to be completed safely.

• (c)Helicopters operated on flights in which it is intended to land in IMC shall be equipped with navigation equipment capable of providing guidance to a point from which a visual landing can be performed. This equipment shall be capable of providing such guidance for each aerodrome at which is intended to land in IMC and for any designated alternate aerodromes.

• (d)For PBN operations the aircraft shall meet the airworthiness certification requirements for the appropriate navigation specification.

- (e)Helicopters shall be equipped with surveillance equipment in accordance with the applicable airspace requirements.

NCO.IDE.H.200   Transponder

Where required by the airspace being flown,  rotorcraft shall be equipped with a secondary surveillance radar (SSR) transponder with all the required capabilities.

NCO.IDE.H.205   Management of aeronautical databases

• (a) Aeronautical databases used on certified aircraft system applications shall meet data quality requirements that are adequate for the intended use of the data.

• (b) The operator shall ensure the timely distribution and insertion of current and unaltered aeronautical databases to the aircraft that require them.

- (c) Notwithstanding any other occurrence reporting requirements as defined in Regulation (EU) No 376/2014, the operator shall report to the database provider instances of erroneous, inconsistent or missing data that might be reasonably expected to constitute a hazard to flight.

In such cases, the pilot-in-command shall not use the affected data.

SUBPART E

SPECIFIC REQUIREMENTS

SECTION 1

General

NCO.SPEC.100   Scope

This subpart establishes specific requirements to be followed by a pilot-in-command conducting non-commercial specialised operations with other-than complex motor-powered aircraft.

NCO.SPEC.105   Checklist

• (a)Before commencing a specialised operation, the pilot-in-command shall conduct a risk assessment, assessing the complexity of the activity to determine the hazards and associated risks inherent in the operation and establish mitigating measures.

• (b)A specialised operation shall be performed in accordance with a checklist. Based on the risk assessment, the pilot-in-command shall establish such checklist appropriate to the specialised activity and aircraft used, taking account of any section of this subpart.

• (c)The checklist that is relevant to the duties of the pilot-in-command, crew members and task specialists shall be readily accessible on each flight.

- (d)The checklist shall be regularly reviewed and updated, as appropriate.

NCO.SPEC.110   Pilot-in-command responsibilities and authority

Whenever crew members or task specialists are involved in the operation, the pilot-in-command shall

• (a) ensure compliance of crew members and task specialists with NCO.SPEC.115 and NCO.SPEC.120;

• (b) not commence a flight if any crew member or task specialist is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;

• (c) not continue a flight beyond the nearest weather-permissible aerodrome or operating site when any crew member or task specialist’s capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;

• (d) ensure that crew members and task specialists comply with the laws, regulations and procedures of those States where operations are conducted;

• (e) ensure that all crew members and task specialists are able to communicate with each other in a common language; and

- (f) ensure that task specialists and crew members use supplemental oxygen continuously whenever he/she determines that at the altitude of the intended flight the lack of oxygen might result in impairment of the faculties of crew members or harmfully affect task specialists. If the pilot-in-command cannot determine how the lack of oxygen might affect the occupants on board, he/she shall ensure that task specialists and crew members use supplemental oxygen continuously whenever the cabin altitude exceeds 10 000 ft for a period of more than 30 minutes and whenever the cabin altitude exceeds 13 000 ft.

NCO.SPEC.115   Crew responsibilities

• (a)The crew member shall be responsible for the proper execution of his/her duties. Crew duties shall be specified in the checklist.

• (b)During critical phases of the flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the crew member shall be restrained at his/her assigned station, unless otherwise specified in the checklist.

• (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 perform his/her duties; 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, if applicable; 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.

NCO.SPEC.120   Task specialists responsibilities

• (a)The task specialist shall be responsible for the proper execution of his/her duties. Task specialists’ duties shall be specified in the checklist.

• (b)During critical phases of the flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the task specialist shall be restrained at his/her assigned station, unless otherwise specified in the checklist.

• (c)The task specialist shall ensure that he/she is restrained when carrying out specialised tasks with external doors opened or removed.

• (d)The task specialist 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.

NCO.SPEC.125   Safety briefing

• (a)Before take-off, the pilot-in-command shall brief task specialists on:

• (1) emergency equipment and procedures;

• (2) operational procedures associated with the specialised task before each flight or series of flights

- (b)The briefing referred to in (a)(2) may not be required if task specialists have been instructed on the operational procedures before the start of the operating season in that calendar year.

NCO.SPEC.130   Minimum obstacle clearance altitudes — IFR flights

The pilot-in-command shall establish minimum flight altitudes for each flight providing the required terrain clearance for all route segments to be flown in IFR. The minimum flight altitudes shall not be lower than those published by the State overflown.

NCO.SPEC.145   Simulated situations in flight

Unless a task specialist is on-board the aircraft for training, the pilot-in-command shall, when carrying task specialists, not simulate:

• (a) situations that require the application of abnormal or emergency procedures; or

- (b) flight in instrument meteorological conditions (IMC).

NCO.SPEC.150   Ground proximity detection

If installed, the ground proximity warning system may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from the ground below that which would trigger the ground proximity warning system.

NCO.SPEC.155   Airborne collision avoidance system (ACAS II)

Notwithstanding NCO.OP.200, the ACAS II may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from each other below that which would trigger the ACAS.

NCO.SPEC.160   Release of dangerous goods

The pilot-in-command shall not operate an aircraft over congested areas of cities, towns or settlements or over an open-air assembly of persons when releasing dangerous goods.

NCO.SPEC.165   Carriage and use of weapons

• (a)The pilot-in-command shall ensure that, when weapons are carried on a flight for the purpose of a specialised task, these are secured when not in use.

- (b)The task specialist using the weapon shall take all necessary measures to prevent the aircraft and persons on board or on the ground from being endangered.

NCO.SPEC.170   Performance and operating criteria — aeroplanes

When operating an aeroplane at a height of less than 150 m (500 ft) above a non-congested area, for operations of aeroplanes that are not able to sustain level flight in the event of a critical engine failure, the pilot-in-command shall have:

• (a) established operational procedures to minimise the consequences of an engine failure; and

- (b) briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.

NCO.SPEC.172   Performance and operating criteria – gyroplanes

When operating a gyroplane at a height of less than 150 m (500 ft) above a non-congested area, for operations of gyroplanes that are not able to sustain level flight in the event of a critical engine failure, the pilot-in-command shall have:

• (a) established operational procedures to minimise the consequences of an engine failure; and

- (b) briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.

NCO.SPEC.175   Performance and operating criteria — helicopters

• (a)The pilot-in-command may operate an aircraft over congested areas provided that:

• (1) the helicopter is certified in category A or B; and

• (2) safety measures are established to prevent undue hazard to persons or property on the ground

• (b)The pilot-in-command shall have:

• (1) established operational procedures to minimise the consequences of an engine failure; and

• (2) briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.

• (c)The pilot-in-command shall ensure that the mass at take-off, landing or hover shall not exceed the maximum mass specified for:

• (1) a hover out of ground effect (HOGE) with all engines operating at the appropriate power rating; or

- (2) if conditions prevail that a HOGE is not likely to be established, the helicopter mass shall not exceed the maximum mass specified for a hover in ground effect (HIGE) with all engines operating at the appropriate power rating, provided prevailing conditions allow a hover in ground effect at the maximum specified mass.

SECTION 2

Helicopter external sling load operations (HESLO)

NCO.SPEC.HESLO.100   Checklist

The checklist for HESLO shall contain:

• (a) normal, abnormal and emergency procedures;

• (b) relevant performance data;

• (c) required equipment;

• (d) any limitations; and

- (e) responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.HESLO.105   Specific HESLO equipment

The helicopter shall be equipped with at least:

• (a) one cargo safety mirror or alternative means to see the hook(s)/load; and

- (b) one load meter, unless there is another method of determining the weight of the load.

NCO.SPEC.HESLO.110   Transportation of dangerous goods

The operator transporting dangerous goods to or from unmanned sites or remote locations shall apply to the competent authority for an exemption from the provisions of the Technical Instructions if they intend not to comply with the requirements of those Instructions.

SECTION 3

Human external cargo operations (HEC)

NCO.SPEC.HEC.100   Checklist

The checklist for HEC shall contain:

• (a) normal, abnormal and emergency procedures;

• (b) relevant performance data;

• (c) required equipment;

• (d) any limitations; and

- (e) responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.HEC.105   Specific HEC equipment

• (a)The helicopter shall be equipped with:

• (1) hoist operations equipment or cargo hook;

• (2) one cargo safety mirror or alternative means to see the hook; and

• (3) one load meter, unless there is another method of determining the weight of the load.

- (b)The installation of all hoist and cargo hook equipment other than a simple PCDS, and any subsequent modifications shall have an airworthiness approval appropriate to the intended function.

SECTION 4

Parachute operations (PAR)

NCO.SPEC.PAR.100   Checklist

The checklist for PAR shall contain:

• (a) normal, abnormal and emergency procedures;

• (b) relevant performance data;

• (c) required equipment;

• (d) any limitations; and

- (e) responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.PAR.105   Carriage of crew members and task specialists

The requirement laid down in NCO.SPEC.120(c) shall not be applicable for task specialists performing parachute jumping.

NCO.SPEC.PAR.110   Seats

Notwithstanding NCO.IDE.A.140(a)(1) and NCO.IDE.H.140(a)(1), the floor of the aircraft may be used as a seat, provided means are available for the task specialist to hold or strap on.

NCO.SPEC.PAR.115   Supplemental oxygen

Notwithstanding NCO.SPEC.110(f), the requirement to use supplemental oxygen shall not be applicable for crew members other than the pilot-in-command and for task specialists carrying out duties essential to the specialised task, whenever the cabin altitude:

• (a) exceeds 13 000 ft, for a period of not more than 6 minutes;, or

- (b) exceeds 15 000 ft, for a period of not more 3 minutes.

NCO.SPEC.PAR.120   Transport and release of dangerous goods

Notwithstanding point NCO.SPEC.160, parachutists may carry smoke trail devices and exit the aircraft for the purpose of parachute display over congested areas of cities, towns or settlements or over an open-air assembly of persons, provided those devices are manufactured for that purpose.

SECTION 5

Aerobatic flights (ABF)

NCO.SPEC.ABF.100   Checklist

The checklist for ABF shall contain:

• (a) normal, abnormal and emergency procedures;

• (b) relevant performance data;

• (c) required equipment;

• (d) any limitations; and

- (e) responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.

NCO.SPEC.ABF.105   Documents and information

The following documents and information listed in NCO.GEN.135(a) need not be carried during aerobatic flights:

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

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

- (c) procedures and visual signals information for use by intercepting and intercepted aircraft.

NCO.SPEC.ABF.110   Equipment

The following equipment requirements need not be applicable to aerobatic flights:

• (a) first-aids kit as laid down in NCO.IDE.A.145 and NCO.IDE.H.145;

• (b) hand-fire extinguishers as laid down in NCO.IDE.A.160 and NCO.IDE.H.180; and

- (c) emergency locator transmitters or personal locator beacons as laid down in NCO.IDE.A.170 and NCO.IDE.H.170.

SECTION 6

Maintenance check flights (MCFs)

NCO.SPEC.MCF.100   Levels of maintenance check flights

Before conducting a maintenance check flight, the operator shall determine the applicable level of the maintenance check flight as follows:

• (a) a ‘Level A’ maintenance check flight for a flight where the use of abnormal or emergency procedures, as defined in the aircraft flight manual, is expected, or where a flight is required to prove the functioning of a backup system or other safety devices;

- (b) a ‘Level B’ maintenance check flight for any maintenance check flight other than a ‘Level A’ maintenance check flight.

NCO.SPEC.MCF.105   Operational limitations

• (a) By way of derogation from point NCO.GEN.105(a)(4) of this Annex, a maintenance check flight may be conducted with an aircraft that has been released to service with incomplete maintenance in accordance with point M.A.801(g) or point 145.A.50(e) of Annex I to Commission Regulation (EU) No 1321/2014.

- (b) By way of derogation from point NCO.GEN.105(a)(4) of this Annex, a maintenance check flight may be conducted with an aircraft that has been released to service with incomplete maintenance in accordance with points M.A.801(f) of Annex I (Part-M), 145.A.50(e) of Annex II (Part-145) or ML.A.801(f) of Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014.

NCO.SPEC.MCF.110   Checklist and safety briefing

• (a) The checklist referred to in point NCO.SPEC.105 shall be updated as needed before each maintenance check flight and shall consider the operating procedures that are planned to be followed during the particular maintenance check flight.

- (b) Notwithstanding point NCO.SPEC.125(b), a safety briefing of the task specialist shall be required before each maintenance check flight.

NCO.SPEC.MCF.120   Flight crew requirements

When selecting a flight crew member for a maintenance check flight, the operator shall consider the aircraft complexity and the level of the maintenance check flight as defined in point NCO.SPEC.MCF.100.

NCO.SPEC.MCF.125   Crew composition and persons on board

• (a) The pilot-in-command shall identify the need for additional crew members or task specialists, or both, before each intended maintenance check flight, taking into consideration the expected flight crew member or task specialist workload and the risk assessment.

- (b) The pilot-in-command shall not allow persons on board other than those required under point (a) during a ‘Level A’ maintenance check flight.

NCO.SPEC.MCF.130   Simulated abnormal or emergency procedures in flight

By way of derogation from point NCO.SPEC.145, a pilot-in-command may simulate situations that require the application of abnormal or emergency procedures with a task specialist on board if the simulation is required to meet the intention of the flight and if it has been identified in the check list referred to in point NCO.SPEC.MCF.110 or in operating procedures.

NCO.SPEC.MCF.140   Systems and equipment

When a maintenance check flight is intended to check the proper functioning of a system or equipment, that system or equipment shall be identified as potentially unreliable, and appropriate mitigation measures shall be agreed prior to the flight in order to minimise risks to flight safety.

ANNEX VIII

SPECIALISED OPERATIONS

[PART-SPO]

SPO.GEN.005   Scope

• (a)This Annex applies to any specialised operation where the aircraft is used for specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement or maintenance check flights.

• (b)Notwithstanding (a), non-commercial specialised operations with other-than complex motor-powered aircraft shall comply with Annex VII (Part-NCO).

• (c)Notwithstanding point (a), the following operations with other-than complex motor-powered aircraft may be conducted in accordance with Annex VII (Part-NCO):

• (1) competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the competent authority.

- (2) parachute dropping, sailplane towing with an aeroplane or aerobatic flights performed either by a training organisation having its principal place of business in a Member State and being referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation.

SUBPART A

GENERAL REQUIREMENTS

SPO.GEN.100   Competent authority

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.

SPO.GEN.101   Means of compliance

Alternative means of compliance to those adopted by the Agency may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

SPO.GEN.105   Crew responsibilities

• (a)The crew member shall be responsible for the proper execution of his/her duties. Crew duties shall be specified in the standard operating procedures (SOP) and, where appropriate, in the operations manual.

• (b)During critical phases of the flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the crew member shall be restrained at his/her assigned station, unless otherwise specified in the SOP.

• (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 perform his/her duties; 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, if applicable; 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.

SPO.GEN.106   Task specialists responsibilities

• (a)The task specialist shall be responsible for the proper execution of his/her duties. Task specialists’ duties shall be specified in the SOP.

• (b)During critical phases of the flight or whenever deemed necessary by the pilot-in-command in the interest of safety, the task specialist shall be restrained at his/her assigned station, unless otherwise specified in the SOP.

• (c)The task specialist shall ensure that he/she is restrained when carrying out specialised tasks with external doors opened or removed.

• (d)The task specialist 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.

SPO.GEN.107   Pilot-in-command responsibilities and authority

• (a)The pilot-in-command shall be responsible for:

• (1) the safety of the aircraft and of all crew members, task specialists and cargo on board during aircraft operations;

• (2) the initiation, continuation, termination or diversion of a flight in the interest of safety;

• (3) ensuring that all operational procedures and checklists are complied with in accordance with the appropriate manual;

• (4) only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:
• (i) the aircraft is airworthy;
• (ii) the aircraft is duly registered;
• (iii) instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as required in points SPO.IDE.A.105 or SPO.IDE.H.105;
• (iv) the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within the limits prescribed in the airworthiness documentation;
• (v) all equipment and baggage is 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;  and
• (vii) any navigational database required for PBN is suitable and current;

• (5) not commencing a flight if he/she, or any other crew member or task specialist is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;

• (6) not continuing a flight beyond the nearest weather-permissible aerodrome or operating site when his/her or any other crew member or task specialist’s capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;

• (7) deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or MEL, if 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 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.

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

The pilot-in-command, crew members and task specialists shall comply with the laws, regulations and procedures of those States where operations are conducted.

SPO.GEN.115   Common language

The operator shall ensure that all crew members and task specialists are able to communicate with each other in a common language.

SPO.GEN.119   Taxiing of aircraft

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

SPO.GEN.120   Taxiing of aeroplanes

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.

SPO.GEN.125   Rotor engagement

A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.

SPO.GEN.130   Portable electronic devices

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.

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

• (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, to the EFB application concerned and its associated function(s), identifying the associated risks and ensuring that they are appropriately 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 EFB device and the EFB application.

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

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.

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

• (a)The following documents, manuals and information shall be carried on each flight as originals or copies unless otherwise specified below:

• (1) the AFM, or equivalent document(s);

• (2) the original certificate of registration;

• (3) the original certificate of airworthiness (CofA);

• (4) the noise certificate, if applicable;

• (5) a copy of the declaration as specified in ORO.DEC.100 and, if applicable, a copy of the authorisation as specified in ORO.SPO.110;

• (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) the aircraft technical log, in accordance with to Regulation (EU) No 1321/2014, if applicable;

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

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

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

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

• (15) the current parts of the operations manual and/or SOP or AFM that are relevant to the duties of crew members and task specialists, which shall be easily accessible to them;

• (16) the MEL or CDL, if applicable;

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

• (18) appropriate meteorological information, if applicable;

• (19) cargo manifests, if applicable; and

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

• (b)Notwithstanding (a), the documents and information in (a)(2) to (a)(11) and (a)(14), (a)(17), (a)(18) and (a)(19) may be retained at the aerodrome or operating site on flights:

• (1) intending to take off and land at the same aerodrome or operating site; or