Commission Implementing Regulation (EU) 2024/1111 of 10 April 2024 amending Regulation (EU) No 1178/2011, Implementing Regulation (EU) No 923/2012, Regulation (EU) No 965/2012 and Implementing Regulation (EU) 2017/373, as regards the establishment of requirements for the operation of manned aircraft with a vertical take-off and landing capability

• (e) The AOC holder that provides the aeroplane or the helicopter in accordance with point (a) shall:

• (1) indicate in its operations manual the registration marks of the aeroplane or helicopter provided, and the type of operations conducted with that aeroplane or helicopter;

• (2) remain informed at all times and keep record of each operator that holds the operational control of the aeroplane or helicopter at any given moment until the aeroplane or helicopter is returned to the AOC holder;

• (3) ensure that the hazard identification, risk assessment and mitigation measures it has put in place address all the operations conducted with that aeroplane or helicopter.

• (f) For operations conducted under Annex VI (Part-NCC) and Annex VIII (Part-SPO), the operator that uses the aeroplane or the helicopter in accordance with point (a) shall ensure all the following:

• (1) that every flight conducted under its operational control is recorded in the aeroplane’s or helicopter’s technical log system;

• (2) that no changes are made to the aeroplane’s or helicopter’s systems or its configuration;

• (3) that any defect or technical malfunction occurring while the aeroplane or helicopter is under its operational control is reported to the organisation referred to in point (d);

• (4) that the AOC holder receives a copy of any occurrence report related to the flights conducted with the aeroplane or helicopter, completed in accordance with Regulation (EU) No 376/2014 and Implementing Regulation (EU) 2015/1018[^ntr*1-L_202401111EN.002001-E0001].

[^ntr*1-L_202401111EN.002001-E0001]: Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2015/1018/oj).’;"

• (4) point ORO.AOC.100 is replaced by the following:

‘ ORO.AOC.100 Application for an air operator certificate (AOC)

• (a) Without prejudice to Regulation (EC) No 1008/2008 of the European Parliament and of the Council[^ntr*2-L_202401111EN.002001-E0002], prior to commencing CAT operations with aeroplanes or helicopters or IAM operations with VCA, the operator shall apply for and obtain an AOC issued by the competent authority.

• (b) The operator shall provide the following information to the competent authority:

• (1) the official name and business name, address and mailing address of the applicant;

• (2) a description of the proposed operation, including the type(s) and number of aircraft to be operated;

• (3) a description of the management system, including organisational structure;

• (4) the name of the accountable manager;

• (5) the names of the nominated persons as required under point ORO.AOC.135(a), together with their qualifications and experience;

• (6) a copy of the operations manual as required under point ORO.MLR.100;

• (7) a statement that all the documentation submitted to the competent authority has been verified by the applicant and found to comply with the applicable requirements.

• (c) Applicants shall demonstrate to the competent authority that:

• (1) the CAT operations with aeroplanes and helicopters comply with the essential requirements of Annex V to Regulation (EU) 2018/1139, this Annex (Part-ORO), Annex IV (Part-CAT) and Annex V (Part-SPA) to this Regulation, and Annex I (Part-26) to Regulation (EU) 2015/640[^ntr*3-L_202401111EN.002001-E0003];

• (1a) for IAM operations with VCA, they comply with the essential requirements of Annex V to Regulation (EU) 2018/1139, this Annex III (Part-ORO), Annex V (Part-SPA) and Annex IX (Part-IAM) to this Regulation, and with Annex I (Part-26) to Regulation (EU) 2015/640;

• (2) all aircraft operated have been issued with a certificate of airworthiness (CofA) in accordance with Regulation (EU) No 748/2012 or are dry-leased in accordance with point ORO.AOC.110(d); and

• (3) their organisation and management is suitable and properly matched to the scale and scope of the intended operation.

[^ntr*2-L_202401111EN.002001-E0002]: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3, ELI: http://data.europa.eu/eli/reg/2008/1008/oj)."

[^ntr*3-L_202401111EN.002001-E0003]: Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18, ELI: http://data.europa.eu/eli/reg/2015/640/oj).’;"

• (5) point ORO.AOC.125 is replaced by the following:

‘ ORO.AOC.125 Non-commercial operations of an AOC holder with aeroplanes or helicopters listed on its AOC

• (a) The AOC holder may conduct non-commercial operations in accordance with Annex VI (Part-NCC) or Annex VII (Part-NCO) with aeroplanes or helicopters listed in the operations specifications of its AOC or in its operations manual, provided that the AOC holder describes such operations in detail in the operations manual, including the following:

• (1) an identification of the applicable requirements;

• (2) a description of any differences between the operating procedures used when conducting CAT operations and non-commercial operations;

• (3) means of ensuring that all personnel involved in the operations are fully familiar with the associated procedures.

• (b) An AOC holder shall comply with:

• (1) Annex VIII (Part-SPO) when conducting maintenance check flights with complex motor-powered aircraft;

• (2) Annex VII (Part-NCO) when conducting maintenance check flights with other than complex motor-powered aircraft.

• (c) An AOC holder that conducts operations referred to in points (a) and (b) shall not be required to submit a declaration in accordance with this Annex.

• (d) The AOC holder shall specify the type of flight, as listed in its operations manual, in the flight-related documents (operational flight plan, load sheet and other relevant documents).’;

• (6) in point ORO.MLR.100, point (b) is replaced by the following:

• ‘(b) The content of the OM shall reflect the requirements set out in this Annex, in Annex IV (Part-CAT), Annex V (Part-SPA), Annex VI (Part-NCC), Annex VIII (Part-SPO) and Annex IX (Part-IAM), as applicable, and shall not contravene the conditions contained in the operations specifications to the air operator certificate (AOC), the SPO authorisation or the declaration and the list of specific approvals, as applicable.’;

• (7) point ORO.MLR.101 is replaced by the following:

‘ ORO.MLR.101 Operations manual – structure for CAT and IAM operations

Except for operations with single-engined propeller-driven aeroplanes with an MOPSC of 5 or less or single-engined non-complex helicopters with an MOPSC of 5 or less, taking off and landing at the same aerodrome or operating site, under VFR by day, the main structure of the operations manual (OM) shall be as follows:

• (a) Part A: General/Basic, comprising all non-type-related operational policies, instructions and procedures;

• (b) Part B: Aircraft operating matters, comprising all type-related instructions and procedures, taking into account differences between types/classes, variants or individual aircraft used by the operator;

• (c) Part C: CAT operations with aeroplanes and helicopters, comprising route/role/area and aerodrome / operating site instructions and information or, IAM operations with VCA, comprising route/role/area and vertiport / diversion location / operating site instructions and information;

• (d) Part D: Training, comprising all training instructions for personnel required to ensure safe operations.’;

• (8) in point ORO.MLR.115, point (a) is replaced by the following:

• ‘(a) The following records shall be stored for at least 5 years:

• (1) for CAT operators of airplanes and helicopters and IAM operators of VCA, records of the activities referred to in point ORO.GEN.200;

• (2) for declared operators, a copy of the operator’s declaration, details of approvals held and operations manual;

• (3) for SPO authorisation holders, in addition to point (a)(2), records related to the risk assessment conducted in accordance with point SPO.OP.230 and related standard operating procedures.’;

• (9) point ORO.FC.005 is replaced by the following:

‘ ORO.FC.005 Scope

This Subpart establishes the requirements for flight crew training, experience and qualifications to be met by an air operator, and comprises:

• (a) SECTION 1, specifying common requirements.

• (b) SECTION 2, specifying additional requirements applicable to CAT operations with aeroplanes and helicopters, with the exception of CAT operations with passengers conducted under VFR by day, starting and ending at the same aerodrome or operating site and within a local area specified by the competent authority, with:

• (1) single-engined propeller-driven aeroplanes that have an MCTOM of 5 700 kg or less and an MOPSC of 5 or less; or

• (2) other-than-complex motor-powered helicopters, single-engined, with an MOPSC of 5 or less.

• (c) SECTION 3, specifying additional requirements for commercial specialised operations and for those operations referred to in points (b)(1) and (2).

• (d) SECTION 4, specifying additional requirements for IAM operations with manned VTOL-capable aircraft (VCA).’;

• (10) point ORO.FC.105 is replaced by the following:

‘ ORO.FC.105 Designation as pilot-in-command/commander

• (a) In accordance with point 8.6 of Annex V to Regulation (EU) 2018/1139, one pilot amongst the flight crew, qualified as pilot-in-command in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011, shall be designated by the operator as pilot-in-command or, for CAT operations with aeroplanes and helicopters, as commander.

• (b) The operator shall only designate a flight crew member to act as pilot-in-command or commander if all the following apply:

• (1) the flight crew member has the minimum level of experience specified in the operations manual;

• (2) the flight crew member has adequate knowledge of the route or area to be flown and of the aerodromes, including alternate aerodromes, vertiports, facilities and procedures to be used;

• (3) for multi-crew operations, the flight crew member has completed an operator’s command course if promoted from co-pilot to pilot-in-command/commander.

• (c) For both commercial operations with aeroplanes and helicopters and IAM operations with VCA, the pilot-in-command or commander or the pilot to whom the conduct of the flight may be delegated shall have received initial familiarisation training in the route or area to be flown and in the aerodromes, vertiports, diversion locations, facilities and procedures to be used, and shall maintain this knowledge as follows:

• (1) aerodrome or vertiport knowledge shall be maintained by operating at least once at an aerodrome or a vertiport within a 12-calendar-month period;

• (2) route or area knowledge or diversion location knowledge shall be maintained by operating at least once on a route or an area or at a diversion location within a 36-calendar-month period; in addition, refresher training is required regarding route or area knowledge if not operating on a route or an area for 12 months within the 36-calendar-month period.

• (d) Notwithstanding point (c), for operations conducted under VFR by day with performance class B and C aeroplanes and helicopters, familiarisation training in routes and aerodromes may be replaced by area familiarisation training.’;

• (11) in point ORO.FC.120, point (a) is replaced by the following:

• ‘(a) The flight crew member shall complete the operator conversion training course before commencing unsupervised line flying:

• (1) when changing to an aircraft for which a new type or class rating is required;

• (2) each time the flight crew member joins an operator.’;

• (12) in point ORO.FC.140, point (d) is replaced by the following:

• ‘(d) For operations with more than one helicopter type or variant or VCA type or variant used for conducting sufficiently similar operations, if line checks rotate between types or variants, each line check shall revalidate the line check for the other helicopter types or variants or VCA types or variants.’;

• (13) in point ORO.FC.145, point (c) is replaced by the following:

• ‘(c) For both CAT operations with airplanes and helicopters and IAM operations with VCA, the training and checking programmes, including the syllabi and means to deliver the programme such as individual flight simulation training devices (FSTDs) and other training solutions, shall be approved by the competent authority.’;

• (14) in point ORO.FC.146, point (e) is replaced by the following:

• ‘(e) Notwithstanding point (b), the aircraft/FSTD training and the operator proficiency check may be conducted by a suitably qualified commander, or pilot-in-command for IAM operations, that holds an FI/TRI/SFI certificate and is nominated by the operator for any of the following operations:

• (1) CAT operations with helicopters that meet the criteria defined in point ORO.FC.005(b)(2);

• (2) CAT operations with other than complex motor-powered helicopters by day and over routes navigated by reference to visual landmarks;

• (3) CAT operations with performance class B aeroplanes that do not meet the criteria defined in point ORO.FC.005(b)(1);

• (4) IAM operations with VCA by day and over routes navigated by reference to visual landmarks.’;

• (15) in Subpart FC – Flight Crew, [Section 4] is added as follows:

‘ SECTION 4

Additional requirements for IAM operations with manned VTOL-capable aircraft (VCA)

ORO.FC.400 Flight crew composition

The minimum flight crew composition for IAM operations with manned VTOL-capable aircraft (VCA) shall correspond to that specified in the operations manual, considering the minimum number specified in the flight manual or in other documents associated with the certificate of airworthiness (CofA) of the particular aircraft.

ORO.FC.415 Initial operator’s crew resource management (CRM) training

• (a) The flight crew member shall complete an initial CRM training course before commencing unsupervised line flying.

• (b) The initial CRM training course shall be conducted by at least one suitably qualified CRM trainer who may be assisted by experts in order to address specific training areas.

ORO.FC.420 Operator conversion training and checking

• (a) CRM training shall be integrated into the operator conversion training course.

• (b) Once an IAM operator conversion training course starts, the flight crew member shall not be assigned to flying duties on another type or class of aircraft until the training course is completed or terminated.

• (c) The amount of training required by the flight crew member for the IAM operator’s conversion course shall be determined in accordance with the standards of qualification and experience specified in the operations manual, taking into account the flight crew member’s previous training and experience.

• (d) The flight crew member shall complete:

• (1) the IAM operator proficiency check and the emergency and safety equipment training and checking before commencing line flying under supervision (LIFUS); and

• (2) the line check upon completion of LIFUS.

• (e) If operational circumstances, such as applying for a new AOC or adding a new aircraft type or class to the fleet, do not allow the IAM operator to comply with the requirements in point (d), that operator may develop a specific conversion course to be used temporarily for a limited number of flight crew members.

ORO.FC.430 Recurrent training and checking

• (a) Each flight crew member shall complete recurrent training and checking relevant to the VCA type or variant on which they operate, and to associated equipment.

• (b) IAM operator proficiency check

• (1) Each flight crew member shall complete the IAM operator proficiency checks as part of the normal crew complement to demonstrate their competence in applying normal, abnormal and emergency procedures, covering the relevant aspects associated with the tasks described in the operations manual.

• (2) Reserved.

• (3) The validity period of the IAM operator proficiency check shall be 6 calendar months.

• (c) Line check

Each flight crew member shall complete a line check on the VCA. The validity period of the line check shall be 12 calendar months.

• (d) Emergency and safety equipment training and checking

Each flight crew member shall complete recurrent training and checking with regard to the location and use of all emergency and safety equipment carried on board the aircraft. The validity period of an emergency and safety equipment check shall be 12 calendar months.

• (e) CRM training

• (1) CRM training elements shall be integrated into all appropriate phases of the recurrent training.

• (2) Each flight crew member shall receive specific modular CRM training. All major topics of the CRM training shall be covered by distributing modular training sessions as evenly as possible over each 3-year period.

• (f) Each flight crew member shall receive ground training and flight training in an FSTD or a VCA, or a combination of FSTD and VCA training, at least every 12 calendar months.

ORO.FC.440 Conducting operations on more than one type or variant

• (a) The procedures or operational restrictions for conducting operations on more than one type or variant established in the operations manual and approved by the competent authority shall cover:

• (1) the flight crew members’ minimum experience required;

• (2) the minimum experience required for a given type or variant before commencing training in and operation on another type or variant;

• (3) the process whereby flight crew members qualified on one type or variant will be trained in and qualify for another type or variant; and

• (4) all applicable recent experience requirements for each type or variant.

• (b) Flight crew members should not operate more than three aircraft types or groups of types, including at least one VCA.’;

• (16) point ORO.TC.100 is replaced by the following:

‘ ORO.TC.100 Scope

This Subpart establishes the requirements to be met by an air operator when operating an aircraft with technical crew members in commercial air transport helicopter emergency medical service (HEMS) operations, emergency medical service operations with VCA (VEMS), night-vision imaging system (NVIS) operations, or helicopter hoist operations (HHO).’;

• (17) in point ORO.TC.105, point (a) is replaced by the following:

• ‘(a) Technical crew members involved in commercial air transport HEMS, VEMS, HHO or NVIS operations shall only be assigned duties provided they:

• (1) are at least 18 years of age;

• (2) are physically and mentally fit to safely discharge their assigned duties and responsibilities;

• (3) have completed all applicable training required by this Subpart to perform their assigned duties;

• (4) have been checked and found to be proficient to perform all their assigned duties in accordance with the procedures specified in the operations manual.’;

• (18) in point ORO.TC.110, point (d) is replaced by the following:

• ‘(d) The checks that follow the operator conversion training and any required familiarisation flights shall take place prior to operating as a required technical crew member in HEMS, VEMS, HHO or NVIS operations.’;

• (19) in point ORO.TC.120, point (b) is replaced by the following:

• ‘(b) The operator conversion training shall include:

• (1) the location and use of all safety and survival equipment carried on board the aircraft;

• (2) all normal and emergency procedures;

• (3) on-board equipment used to perform duties in the aircraft or on the ground for the purpose of assisting the pilot during HEMS, VEMS, HHO or NVIS operations.’;

• (20) point ORO.FTL.100 is replaced by the following:

‘ ORO.FTL.100 Scope

This Subpart establishes the requirements to be met by an air operator and its flight and cabin crew (aircrew) members with regard to flight and duty time limitations and rest requirements for aircrew assigned to commercial air transport (CAT) operations with aeroplanes.’.

[^ntc*1-L_202401111EN.002001-E0001]  Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2015/1018/oj).’;

[^ntc*2-L_202401111EN.002001-E0002]  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3, ELI: http://data.europa.eu/eli/reg/2008/1008/oj).

[^ntc*3-L_202401111EN.002001-E0003]  Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18, ELI: http://data.europa.eu/eli/reg/2015/640/oj).’;’

ANNEX VI

Annex V (Part-SPA) to Regulation (EU) No 965/2012 is amended as follows:

• (1) point SPA.GEN.100 is replaced by the following:

‘ SPA.GEN.100 Competent authority

• (a) The competent authority for the issuing of a specific approval shall be:

• (1) for a commercial operator of aeroplanes or helicopters, the authority of the Member State where the operator has its principal place of business;

• (2) for a non-commercial operator of aeroplanes or helicopters, the authority of the Member State where the operator has its principal place of business, is established or resides;

• (3) for an IAM operator of VTOL-capable aircraft (VCA), the authority of the Member State where the operator has its principal place of business or resides.

• (b) Notwithstanding point (a)(2), for a non-commercial operator that uses an aeroplane or a helicopter registered in a third country, the applicable requirements under this Annex for the approval of the following operations shall not apply if that approval is issued by a third-country State of Registry:

• (1) performance-based navigation (PBN);

• (2) minimum navigation performance specifications (MNPS);

• (3) reduced vertical separation minima (RVSM) airspace;

• (4) low-visibility operations (LVOs).’;

• (2) point SPA.MNPS.100 is replaced by the following:

‘ SPA.MNPS.100 MNPS operations

Aeroplanes and helicopters shall only be operated in designated minimum navigation performance specifications (MNPS) airspace in accordance with regional supplementary procedures, where MNPS are established, if the operator has been granted an approval by the competent authority to conduct such operations.’;

• (3) point SPA.RVSM.100 is replaced by the following:

‘ SPA.RVSM.100 RVSM operations

Aeroplanes and helicopters shall only be operated in designated airspace where a reduced vertical separation minimum of 300 m (1 000 ft) applies between flight level (FL) 290 and FL 410, inclusive, if the operator has been granted an approval by the competent authority to conduct such operations.’;

• (4) point SPA.LVO.100 is replaced by the following:

‘ SPA.LVO.100 Low-visibility operations and operations with operational credits

An operator of aeroplanes or helicopters shall conduct the following operations only if they are approved by the competent authority:

• (a) take-off operations with visibility conditions of less than 400 m RVR;

• (b) instrument approach operations in low-visibility conditions; and

• (c) operations with operational credits, except for EFVS 200 operations, which shall not be subject to a specific approval.’;

• (5) point SPA.DG.100 is replaced by the following:

‘ SPA.DG.100 Transport of dangerous goods

Except as provided for in Annex IV (Part-CAT), Annex VI (Part-NCC), Annex VII (Part-NCO), Annex VIII (Part-SPO) and Annex IX (Part-IAM) to this Regulation, the operator shall only transport dangerous goods by air if it has been approved by the competent authority.’;

• (6) in point SPA.EFB.100, point (a) is replaced by the following:

• ‘(a) A commercial air transport operator of aeroplanes or helicopters or an IAM operator shall only use a type B EFB application if the operator has been granted an approval by the competent authority for such use.’;

• (7) The following [Subpart O] is added:

‘SUBPART O

EMERGENCY MEDICAL SERVICE OPERATIONS WITH MANNED VTOL-CAPABLE AIRCRAFT (VEMS)

SPA.VEMS.100 Emergency medical service operations with manned VTOL-capable aircraft (VEMS)

• (a) An IAM operator shall only conduct emergency medical service operations with manned VTOL-capable aircraft (VEMS) if the operator has been granted an approval by the competent authority for such operations.

• (b) To obtain such approval by the competent authority, the IAM operator shall:

• (1) hold an AOC in accordance with Annex III (Part-ORO);

• (2) conduct operations in accordance with the relevant requirements of Annex IX (Part-IAM); and

• (3) demonstrate to the competent authority compliance with the requirements contained in this Subpart.

• (c) The IAM operator shall use adequate vertiports for its VEMS operating base and hospital sites unless approved by the competent authority to use a public interest site (PIS) at a hospital site.

• (d) The IAM operator may use adequate operating sites for the purpose of VEMS missions or VEMS training flights taking into account:

• (1) the aircraft performance requirements applicable for take-off and landing;

• (2) operating site characteristics, including dimensions, obstacles, and surface condition;

• (3) the safe separation of VTOL-capable aircraft (VCA) from people on the ground; and

• (4) privacy, data protection, liability, insurance, security, and environmental protection requirements.

SPA.VEMS.110 Equipment requirements for VEMS operations

• (a) The installation on a VTOL-capable aircraft (VCA) of all dedicated medical equipment and any subsequent modifications to that installation and, where appropriate, its operation, shall be approved in accordance with Regulation (EU) No 748/2012.

• (b) For VFR flights by day over routes or areas navigated by reference to visual landmarks, the VCA shall be equipped with tools providing own-ship position and obstacles on a moving map display. The map and obstacle database(s) shall be kept up to date.

• (c) For VFR flights by day, the VCA shall be equipped with a means of measuring and displaying to the pilot the attitude and the stabilised heading or with other equivalent tools to mitigate pilot disorientation in case of reduced visual cues.

• (d) Any VCA used in VEMS missions shall be equipped with tools having an ADS-B Out capability.

• (e) Instruments and equipment required under point (f) shall be certified in accordance with the applicable airworthiness requirements.

• (f) The IAM operator shall ensure that all relevant information is documented in the minimum equipment list (MEL).

SPA.VEMS.115 Communication

In addition to the requirements for instruments and equipment applicable to VCA in manned configuration, VCA used for VEMS flights shall have communication equipment capable of conducting two-way communication with the organisation for which the VEMS flight is conducted and, where possible, to communicate with ground emergency service personnel at the scene of the operation.

SPA.VEMS.120 Visibility and distance from cloud minima

The minima for the dispatch and en-route phase of the VEMS flight shall be those established in accordance with point SERA.5001. If during the en-route phase the weather conditions fall below the applicable minima:

• (a) VCA certified for flights only under VFR by day shall land as soon as practicable or return to the VEMS base.

• (b) Reserved.

SPA.VEMS.125 Performance requirements for VEMS operations

VCA used for VEMS operations shall be operated in accordance with the applicable performance requirements established in point UAM.POL.VCA.100.

SPA.VEMS.130 Crew requirements

• (a) Selection. The IAM operator shall establish criteria for the selection of flight crew members for VEMS operations, taking their prior experience into account.

• (b) Operational training. Crew members shall successfully complete operational training in accordance with the VEMS procedures contained in the operations manual.

• (c) Reserved.

• (d) Crew composition

• (1) Day flight. The minimum crew composition at dispatch for a VEMS flight under VFR day shall be two pilots or one pilot and one VEMS technical crew member.

After landing at the VEMS operating site, subsequent flights may be conducted by one pilot:

• (i) if there is a need for additional medical supplies, refuel /battery recharge or reposition while the VEMS technical crew member provides medical assistance on the ground; or

• (ii) if the VEMS technical crew member provides medical assistance to the medical patient in flight or during transport in another vehicle.

• (2) Reserved.

• (3) The IAM operator shall ensure that the continuity of the crew concept is maintained throughout the VEMS mission.

• (e) Flight and technical crew training and checking

• (1) Training and checking shall be conducted by suitably qualified personnel in accordance with a syllabus included in the operations manual and approved by the competent authority.

• (2) Crew members

• (i) All relevant elements of the crew training programme shall improve crew knowledge of the VEMS working environment and equipment, improve crew coordination, and include measures to minimise the risks associated with an en-route transit to low-visibility conditions, the selection of VEMS operating sites, and approach and departure profiles.

• (ii) The measures referred to in point (i) shall be assessed during both of the following:

• (A) VMC day proficiency checks;

• (B) line checks.

• (iii) The VEMS components of the proficiency checks and line checks referred to in point (ii) shall have a validity period of 6 and 12 calendar months respectively.

SPA.VEMS.135 Briefing of medical passengers and of other personnel

• (a) Medical passengers. Prior to any VEMS flight, or series of VEMS flights, medical passengers shall be briefed to ensure they are familiar with the VEMS working environment and equipment, can operate on-board emergency equipment, and can take part in normal and emergency entry and exit procedures.

• (b) Ground emergency service personnel. Where ground emergency service personnel are employed, the IAM operator shall take all necessary measures to ensure that such personnel are familiar with the VEMS working environment and equipment, and the risks associated with ground operations at a VEMS operating site.

• (c) Medical patients. Notwithstanding point UAM.OP.MVCA.170 of Annex IX (Part-IAM), a briefing shall be held only if the medical condition of the medical patient renders it practicable.

SPA.VEMS.140 Information, procedures and documentation

• (a) The IAM operator shall assess, mitigate and minimise the risks associated with the VEMS environment as part of its risk analysis and management process. The IAM operator shall describe its mitigating measures, including operating procedures, in the operations manual.

• (b) The IAM operator shall ensure that the pilot-in-command (PIC) assesses specific risks associated with a particular VEMS flight.

• (c) Relevant extracts from the operations manual shall be made available to the organisation for which the VEMS operation is being provided.

SPA.VEMS.145 Facilities at the VEMS operating base

• (a) If crew members are required to be on standby with a reaction time of less than 45 minutes, dedicated suitable accommodation shall be provided close to each VEMS operating base.

• (b) At each VEMS operating base, the flight crew shall be granted access to facilities for obtaining current and forecast weather information and shall be provided with adequate communications with the appropriate air traffic service (ATS) units. Adequate facilities shall be available for the planning of all related tasks.

SPA.VEMS.150 Fuelling /defuelling / battery charging / battery swapping while passengers are embarking, on board, or disembarking

Refuelling /defuelling /battery charging or battery swapping procedures with either lift and thrust units powered on or off shall only be performed in accordance with point UAM.OP.MVCA.200 or point UAM.OP.MVCA.205 as applicable.

SPA.VEMS.155 Aircraft tracking system

The IAM operator shall establish and maintain a monitored aircraft tracking system for VEMS operations for the entire duration of the VEMS flight.’.

ANNEX VII

The following Annex IX is added to Regulation (EU) No 965/2012:

‘ANNEX IX

INNOVATIVE AIR MOBILITY OPERATIONS

(PART-IAM)

SUBPART A

GENERAL REQUIREMENTS

IAM.GEN.050 Scope

This Annex shall apply to IAM operations with manned VTOL-capable aircraft (VCA) in accordance with VFR by day.

IAM.GEN.055 Competent authority

The competent authority of the IAM operator shall be the authority designated by the Member State where that operator has its principal place of business or its place of residence, or the Agency in accordance with Article 65 of Regulation (EU) 2018/1139.

SECTION 1

VTOL-capable aircraft (VCA)

IAM.GEN.VCA.050 Scope

This Section contains general requirements for the operation of VCA.

IAM.GEN.VCA.100 Crew responsibilities

• (a) Pilots and other crew members shall be responsible for the proper execution of their duties that are:

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

• (2) specified in the operations manual (OM) of the VCA operator.

• (b) Pilots and other crew members shall comply with all of the following:

• (1) report, if not already reported, to the pilot-in-command (PIC) any fault, failure, malfunction or defect which they believe may affect the airworthiness or safe operation of the VCA, including emergency systems;

• (2) report, if not already reported, to the PIC any incident that has endangered, or could have endangered, the safety of the operation of the VCA;

• (3) comply with the relevant requirements of the operator’s occurrence-reporting scheme;

• (4) comply with the flight time, duty time and rest requirements applicable to their activities;

• (5) not disable or switch off the recorders during flight, or intentionally erase their recordings.

• (c) Pilots and other crew members shall not perform duties related to the operation of VCA if they are in any of the following situations:

• (1) when they are under the influence of psychoactive substances or when they are unfit due to injury, fatigue, medication, sickness or other similar causes;

• (2) when they do not fulfil applicable medical requirements;

• (3) when they are in any doubt as to being able to accomplish their assigned duties;

• (4) when they know or suspect they suffer from fatigue as referred to in point 7.5 of Annex V to Regulation (EU) 2018/1139 or otherwise feel unfit to the extent that the safety of the flight may be endangered.

IAM.GEN.VCA.105 Responsibilities of the pilot-in-command (PIC)

• (a) In addition to complying with point IAM.GEN.VCA.100, the PIC shall, as soon as they assume the command functions at the assigned station and until they hand over the command functions or leave the assigned station at the end of the flight, comply with all of the following:

• (1) be responsible for the safety of all crew members, passengers and cargo on board the VCA;

• (2) be responsible for the operation and safety of the VCA when the lift and thrust units are powered on;

• (3) be responsible for the initiation, continuation, termination or diversion of a flight in the interest of safety;

• (4) have the authority to give all commands and take any appropriate actions for the purpose of ensuring the safety of the VCA and of the persons and/or property carried in it;

• (5) ensure that all passengers are briefed on the location of emergency exits, and on the location and use of relevant safety and emergency equipment, as applicable;

• (6) ensure that all passengers are briefed on when and how to communicate with the flight crew member(s) during the flight;

• (7) ensure that all operational procedures and checklists are complied with in accordance with the operations manual (OM) of the VCA operator;

• (8) not permit any crew member to perform any activity during critical phases of flight, except for duties required for the safe operation of the VCA;

• (9) ensure that the recorders are not disabled or switched off during the flight, and that their recordings are not intentionally erased;

• (10) decide on the acceptance of a VCA with unserviceability in accordance with the VCA configuration deviation list (CDL) or the minimum equipment list (MEL), and the VCA technical logbook;

• (11) ensure that the pre-flight inspection has been carried out in accordance with the applicable continuing airworthiness requirements;

• (12) be satisfied that the relevant emergency equipment remains easily accessible for immediate use;

• (13) record, at the termination of the flight, in accordance with the continuing airworthiness record system requirements, utilisation data and all known or suspected defects of the VCA to ensure continued flight safety.

• (b) The PIC shall, in an emergency situation that requires immediate decision and action, take any action they consider necessary under the circumstances. In such cases, the PIC may deviate from rules, operational procedures and methods in the interest of safety.

• (c) The PIC shall, as soon as practicable, report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered during the flight that are likely to affect the safety of other VCA operations.

IAM.GEN.VCA.110 Authority of the pilot-in-command

The IAM operator shall take all reasonable measures to ensure that all persons carried on board VCA obey all lawful commands given by the PIC for the purpose of ensuring the safety of the VCA and of the persons or property carried in it.

IAM.GEN.VCA.120 Common language

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

IAM.GEN.VCA.130 Powering-on of lift and thrust units

The VCA’s lift and thrust units shall only be powered on for the purpose of flight by a qualified pilot at the VCA controls.

IAM.GEN.VCA.140 Portable electronic devices (PEDs)

The IAM operator shall not permit any person to use a PED on board an aircraft that could adversely affect the performance of the VCA’s systems and equipment, and shall take all reasonable measures to prevent such use.

IAM.GEN.VCA.141 Use of electronic flight bags (EFBs)

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

• (b) The IAM operator shall not use a type B EFB application unless it is approved in accordance with Subpart M of Annex V (Part-SPA).

IAM.GEN.VCA.145 Information on emergency and survival equipment carried on board VCA

The IAM 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 any of its VCA.

IAM.GEN.VCA.155 Carriage of weapons of war and munitions of war

The IAM operator shall not accept weapons of war or munitions of war for carriage by air in the VCA.

IAM.GEN.VCA.160 Carriage of sporting weapons and ammunition

• (a) The IAM operator shall not accept sporting weapons for carriage by air in the VCA unless:

• (1) they can be stowed in the VCA in a place that is inaccessible to passengers during the flight; and

• (2) all ammunition is unloaded and carried separately from the sporting weapons.

IAM.GEN.VCA.165 Method of carriage of persons

The IAM operator shall take all reasonable measures to ensure that no person is located in any part of the VCA in flight which is not designed or designated for the accommodation of persons, except when a person takes an action that is necessary for the safety of the VCA or of any person, animal or goods carried in the VCA.

IAM.GEN.VCA.170 Psychoactive substances

• (a) The IAM operator shall take all reasonable measures to ensure that no person enters or is aboard the VCA when under the influence of psychoactive substances to the extent that the safety of the VCA or its occupants is likely to be endangered.

• (b) The IAM operator shall develop and implement an objective, transparent and non-discriminatory policy and procedure on the prevention and detection of misuse of psychoactive substances by the pilots and other safety-sensitive personnel under the IAM operator’s direct control, in order to ensure that the safety of the VCA and its occupants is not endangered.

• (c) If pilots or other safety-sensitive personnel are tested positive to psychoactive substances, the IAM operator shall inform its competent authority and the authority that is responsible for the pilots and the personnel concerned.

IAM.GEN.VCA.175 Endangering safety

• (a) The IAM operator shall take all reasonable measures to ensure that no person recklessly, intentionally or negligently acts, or omits to act, so as to:

• (1) endanger the safety of the VCA or the safety of the persons in it; or

• (2) cause or permit the VCA to endanger any person or property.

• (b) The IAM operator shall ensure that pilots undergo a psychological assessment before commencing flight operations in order to:

• (1) identify the pilots’ psychological attributes and suitability in respect of their work environment; and

• (2) reduce the likelihood of pilots negatively interfering with the safe operation of the VCA.

IAM.GEN.VCA.176 Pilot support programme

• (a) The IAM operator shall enable, facilitate and ensure access to a proactive and non-punitive support programme that will assist and support pilots in recognising, coping with, and overcoming any problem which might negatively affect their ability to safely exercise the privileges of their licence.

• (b) Without prejudice to applicable Union law on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the protection of the confidentiality of personal data shall be a precondition for an effective pilot support programme.

IAM.GEN.VCA.185 Information to be preserved on the ground

• (a) The IAM operator shall ensure that for the duration of each flight, or series of flights, information that is relevant to the flight, or series of flights, and appropriate for the type of operation:

• (1) is preserved on the ground; and

• (2) is retained until it has been duplicated at the place at which it will be stored; or, if this is impracticable,

• (3) is carried in a fireproof container in the VCA.

• (b) The information referred to in point (a) shall include all the following:

• (1) a copy of the operational flight plan;

• (2) copies of the relevant part(s) of the aircraft continuing airworthiness records;

• (3) route-specific NOTAM documentation, if specifically edited by the IAM operator;

• (4) mass and balance documentation;

• (5) special loads notification.

IAM.GEN.VCA.190 Provision of documentation and records

The PIC shall, within a reasonable time of being requested to do so by a person authorised by an authority, provide that person with the documentation required to be carried on board, in paper or digital media.

IAM.GEN.VCA.195 Preservation, production, protection and use of recorder recordings

• (a) Following an accident, a serious incident or an occurrence identified by the investigating authority, the IAM operator shall preserve the original recorded data of the recorder, carried in the VCA in accordance with Subpart D of this Annex, for a period of 60 days or until otherwise directed by the investigating authority.

• (b) The IAM operator shall conduct operational checks and evaluations of the recordings to ensure the continued serviceability of the recorder.

• (c) The IAM operator shall ensure that the recordings of flight parameters required to be recorded on a recorder are preserved. For the purpose of testing and maintaining the recorder, up to 1 hour of the oldest recorded material at the time of testing may be erased.

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

• (e) The IAM operator shall make available any recording of the recorder that has been preserved, if so determined by the competent authority.

• (f) Without prejudice to Regulation (EU) No 996/2010 ⁴⁶ and Regulation (EU) 2016/679 [^ntr*2-L_202401111EN.003202-E0002]:

• (1) except for ensuring the serviceability of a recorder, audio recordings shall not be disclosed or used unless all 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 pilots and maintenance personnel concerned have given their prior consent;

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

• (2) when inspecting the audio recordings of a recorder to ensure the serviceability of that recorder, the IAM operator shall protect the privacy of those audio recordings and make sure that they are not disclosed or used for purposes other than for ensuring the serviceability of the recorder;

• (3) flight parameters recorded by a 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 IAM operator for airworthiness or maintenance purposes only;

• (ii) are de-identified;

• (iii) are disclosed under secure procedures;

• (4) except for ensuring the serviceability of a recorder, recorded images of the flight crew compartment 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 pilots and maintenance personnel concerned have given their prior consent;

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

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

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

• (ii) if body parts of pilots or passengers are likely to be visible on the images, the operator shall ensure the privacy of those images.

IAM.GEN.VCA.200 Transport of dangerous goods under a specific approval

• (a) The transport of dangerous goods by air shall be conducted at least in accordance with Annex 18 to the Chicago Convention and applicable technical instructions (TI).

• (b) The IAM operator shall be approved for the carriage of dangerous goods by air as cargo in accordance with Subpart G of Annex V (Part-SPA).

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

• (d) The IAM operator shall ensure that all personnel, including third-party personnel, involved in the acceptance, handling, loading and unloading of cargo are informed of the operator’s operational approval and limitations with regard to the transport of dangerous goods by air, and are provided with the necessary information enabling them to carry out their responsibilities, as required by the TI.

• (e) The IAM operator shall, in accordance with TI, ensure that passengers are provided with information about the carriage of dangerous goods on board.

• (f) The IAM operator shall, in accordance with TI, report without delay to the competent authority and the appropriate authority of the State of occurrence in the event of:

• (1) any accidents or incidents involving dangerous goods;

• (2) the discovery of undeclared or misdeclared dangerous goods in cargo or mail; or

• (3) the finding of dangerous goods carried by passengers or crew members, or in their baggage, when not in accordance with Part 8 of TI.

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

IAM.GEN.VCA.205 Transport of dangerous goods without a specific approval

• (a) The transport of dangerous goods by air shall be conducted at least in accordance with Annex 18 to the Chicago Convention and applicable TI.

• (b) Dangerous goods shall be carried by operators on board VCA without the specific approval required under Subpart G of Annex V (Part-SPA) if:

• (1) they are not subject to the TI in accordance with Part 1 thereof; or

• (2) they are carried by passengers or crew, or are in baggage, in accordance with Part 8 of TI.

• (c) IAM operators not approved in accordance with Subpart G of Annex V (Part-SPA), shall establish a dangerous goods training programme that meets the requirements of Annex 18 of Chicago Convention and the applicable TI.

• (d) The IAM operator shall ensure that passengers are provided with information about the carriage of dangerous goods in accordance with the Technical Instructions.

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

• (f) The IAM operator shall, in accordance with the TI, report without delay to the competent authority and the appropriate authority of the State of occurrence in the event of:

• (1) any accidents or incidents involving dangerous goods;

• (2) the discovery of undeclared dangerous goods in cargo or mail; or

• (3) the finding of dangerous goods carried by passengers or crew members, or in their baggage, when not in accordance with Part 8 of the TI.

SECTION 2

Manned VTOL-capable aircraft (MVCA)

IAM.GEN.MVCA.050 Scope

This Section establishes additional requirements for IAM operations with manned VTOL-capable aircraft (MVCA).

IAM.GEN.MVCA.135 Admission to the flight crew compartment

• (a) The IAM operator shall ensure that no person, other than the pilot assigned to a flight, is admitted to, or carried in, the flight crew compartment unless that person is:

• (1) an operating crew member;

• (2) a representative of the competent authority or inspecting authority, if this is required for the performance of their official duties; or

• (3) permitted by and carried in accordance with the operator’s OM.

• (b) The pilot-in-command shall ensure that:

• (1) admission to the flight crew compartment does not cause distraction or interference with the conduct of the flight; and

• (2) all persons carried in the flight crew compartment are made familiar with the relevant safety procedures.

• (c) The pilot-in-command shall make the final decision regarding admission to the flight crew compartment in the VCA.

IAM.GEN.MVCA.180 Documents, manuals and information to be carried on board each flight

• (a) The following documents, manuals and information, in paper or digital media, shall be carried on each flight with a VCA and shall be easily accessible for inspection purposes:

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

• (2) the original certificate of registration of the aircraft;

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

• (4) the noise certificate, including an English translation where one has been provided by the authority that is responsible for issuing the noise certificate;

• (5) a certified true copy of the air operator certificate (AOC), including an English translation when the AOC has been issued in another language;

• (6) the operations specifications relevant to the aircraft type, issued with the AOC, including an English translation when the operations specifications have been issued in another language;

• (7) the original aircraft radio licence, if applicable;

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

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

• (10) the continuing airworthiness records, as applicable;

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

• (12) 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;

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

• (14) information concerning search and rescue services for the area of the intended flight, which shall be easily accessible in the aircraft;

• (15) the current parts of the OM that are relevant to the duties of the pilots, which shall be easily accessible to those pilots;

• (16) the MEL;

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

• (18) appropriate meteorological information;

• (19) cargo and/or passenger manifests;

• (20) mass and balance documentation;

• (21) the operational flight plan, where required;

• (22) notification about special categories of passenger (SCPs), if applicable; and

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

• (b) The documents, manuals, and information carried on each flight shall be accessible to authorised persons, usable, and reliable.

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

IAM.GEN.MVCA.181 Documents and information that may not be carried on board

• (a) Notwithstanding point IAM.GEN.MVCA.180, for IAM operations in accordance with VFR by day, taking off and landing at the same vertiport within 24 hours, or remaining within a local area specified in the OM, the following documents and information may be retained at the vertiport instead of being carried on board each flight:

• (1) noise certificate;

• (2) aircraft radio licence;

• (3) journey log, or equivalent;

• (4) continuing airworthiness records;

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

• (6) meteorological information;

• (7) notification about special categories of passengers (SCPs), if applicable; and

• (8) mass and balance documentation.

SUBPART B

OPERATING PROCEDURES

SECTION 1

VTOL-capable aircraft (VCA)

UAM.OP.VCA.050 Scope

This Section establishes the requirements for IAM operations with VTOL-capable aircraft (VCA).

UAM.OP.VCA.101 Altimeter check and altimeter settings

• (a) The IAM operator shall establish procedures for altimeter checking before each departure.

• (b) The IAM operator shall establish procedures for altimeter settings for all phases of flight, which shall take into account the procedures established by the State of the vertiport or, if applicable, by the State of the airspace flown.

UAM.OP.VCA.125 Taxiing and ground movement

• (a) The IAM operator shall establish standard and contingency procedures for the taxiing of VCA (in the air and on the ground) and for the movement of VCA on the ground in order to ensure the safe operation of the VCA at the vertiport, diversion location or VEMS operating site. In particular, the IAM operator shall consider the risk of collision between a taxiing VCA or a VCA being moved and another aircraft or other objects, as well as the risk of injuries to ground personnel. The IAM operator’s procedures shall be coordinated with the operator of the vertiport, the diversion location or the operating site, as applicable.

• (b) The VCA shall be taxied on the movement area of a vertiport, diversion location or VEMS operating site:

• (1) by an appropriately qualified pilot at the controls of the VCA; or

• (2) in the case of ground taxiing without passengers for a purpose other than taking off, by a person at the controls of the VCA, designated by the IAM operator, after having received appropriate training and instructions.

• (c) The IAM operator shall ensure that the ground movement of a VCA on the movement area of a vertiport, diversion location or VEMS operating site is carried out or supervised by personnel that have received appropriate training and instructions.

UAM.OP.VCA.130 Noise-abatement procedures

• (a) When developing operating procedures, the IAM operator shall take into account the need to minimise the effect of noise and any published noise-abatement procedures.

• (b) The IAM operator’s procedures shall:

• (1) ensure that safety has priority over noise abatement; and

• (2) be simple and safe to implement by not significantly increasing flight crew workload during critical phases of flight.

UAM.OP.VCA.135 Routes and areas of operation

• (a) The IAM operator shall ensure that operations are only conducted along routes or within areas for which:

• (1) space-based facilities, ground facilities and services, and meteorological services, adequate for the planned operation, are provided;

• (2) adequate vertiports, diversion locations or VEMS operating sites are available that permit a landing to be executed in the case of critical failure for performance (CFP) of the VCA;

• (3) the performance of the VCA is adequate to comply with minimum flight altitude requirements;

• (4) the equipment of the VCA meets the minimum requirements for the planned operation; and

• (5) appropriate maps and charts are available.

• (b) The IAM operator shall ensure that operations are conducted in accordance with any restriction on the routes or the areas of operation specified by the competent authority.

UAM.OP.VCA.145 Establishment of minimum flight altitudes

• (a) For all route segments to be flown, the IAM operator shall establish:

• (1) minimum flight altitudes that provide the required vertical clearance from terrain and obstacles, taking into account the relevant requirements of Subpart C of this Annex and the minima established by the State where the operation takes place; and

• (2) a method for the pilot to determine the altitudes referred to in point (1).

• (b) The method for establishing minimum flight altitudes shall be approved by the competent authority.

• (c) Where the minimum flight altitudes established by the IAM operator and the State where the operation takes place differ, the higher values shall apply.

UAM.OP.VCA.190 Fuel/energy scheme – general

• (a) The IAM operator shall establish, implement and maintain a fuel/energy scheme that comprises policies and procedures for:

• (1) fuel/energy planning and fuel/energy in-flight replanning;

• (2) selection of vertiports, diversion locations or VEMS operating sites; and

• (3) in-flight fuel/energy management.

• (b) The fuel/energy scheme shall:

• (1) be appropriate for the intended operation; and

• (2) correspond to the capacity of the IAM operator to support its implementation.

• (c) The fuel/energy scheme shall be included in the operations manual.

• (d) The fuel/energy scheme and any changes to it shall require the prior approval of the competent authority.

UAM.OP.VCA.191 Fuel/energy scheme – fuel/energy planning and fuel/energy in-flight replanning

The IAM operator shall ensure that:

• (a) the VCA carries a sufficient amount of usable fuel/energy and reserves to safely complete the planned flight and to allow for deviations from the planned operation;

• (b) the planned amount of usable fuel/energy for the intended flight is based on all the following:

• (1) fuel/energy consumption data provided in the AFM or current aircraft-specific data derived from a fuel/energy consumption monitoring system;

• (2) the conditions under which the flight is to be operated, including but not limited to:

• (i) performance required for the intended flight to the destination, including vertiports, diversion locations or operating sites, selected along the route;

• (ii) anticipated masses;

• (iii) NOTAMs;

• (iv) anticipated meteorological conditions;

• (v) the effects of deferred maintenance items in accordance with the IAM operator’s MEL and/or of configuration deviations in accordance with the IAM operator’s CDL;

• (vi) the expected departure and arrival routing, and anticipated delays;

• (3) the efficiency and capacity of energy storage devices for the planned operating conditions, considering degradation of those energy storage devices as appropriate;

• (c) the pre-flight calculation of the usable fuel/energy and reserves for a flight includes:

• (1) taxi fuel/energy that shall not be less than the amount expected to be used prior to take-off;

• (2) trip fuel/energy that shall be the amount of fuel/energy that is needed to enable the aircraft to fly from take-off, or from the point of in-flight replanning, to landing at the destination vertiport, diversion location or operating site, taking into account the operating conditions of point (b)(2);

• (3) contingency fuel/energy that shall be the amount of fuel/energy needed to compensate for unforeseen factors that could have an influence on the fuel/energy consumption to the destination vertiport, diversion location or operating site;

• (4) final reserve fuel/energy that shall be determined based on all the following:

• (i) a representative time provided in the AFM to perform a go-around from a landing decision point (LDP) and back to that LDP taking into account the certified minimum performance (CMP) of the VCA;

• (ii) conservative ambient conditions from the point of view of fuel/energy consumption;

• (iii) an appropriate configuration/speed to perform the go-around and approach procedures;

• (iv) a conservative fuel/energy consumption;

• (5) additional fuel/energy that shall be the amount of fuel/energy to enable the VCA to perform a safe landing at a vertiport, diversion location or operating site, selected along the route, taking into account the CMP of the VCA at any point of the route; this additional fuel/energy is required only if the amount of fuel/energy that is calculated according to points (c)(2) and (c)(3) is not sufficient for such event;

• (6) extra fuel/energy to take into account anticipated delays or specific operational constraints; and

• (7) discretionary fuel/energy, if required by the PIC;

• (d) if a flight must proceed along a route or to a destination vertiport, diversion location or operating site other than that originally planned, in-flight replanning procedures for calculating the required usable fuel/energy include those referred to in point (b)(2) and in points (c)(2) to (6).

UAM.OP.VCA.195 Fuel/energy scheme – in-flight fuel/energy management

• (a) The IAM operator shall establish policies and procedures ensuring that in-flight fuel/energy checks and fuel/energy management are performed.

• (b) The PIC shall monitor the amount of usable fuel/energy remaining in the VCA to ensure that it is protected and not less than the fuel/energy required to proceed to the selected destination vertiport, diversion location or VEMS operating site where a safe landing can be performed.

• (c) When a change to the clearance to proceed to a specific vertiport, diversion location or VEMS operating site at which the PIC has committed to land may result in landing with less than the planned final reserve fuel/energy, they shall advise air traffic control (ATC) of a “minimum fuel / energy” state by declaring “MINIMUM FUEL”.

• (d) The PIC shall declare a situation of “fuel/energy emergency” by broadcasting “MAYDAY MAYDAY MAYDAY FUEL” when the usable fuel/energy that is calculated to be available upon landing at the nearest vertiport, diversion location or VEMS operating site where a safe landing can be performed is less than the planned final reserve fuel/energy.

UAM.OP.VCA.210 Pilots at their assigned stations

• (a) During take-off and landing, the pilot required to be on duty shall be at their assigned station.

• (b) During all other phases of flight, the pilot required to be on duty shall remain at their assigned station, unless absence is necessary for the performance of duties in connection with the operation or for physiological needs. Where absence is necessary for the above-mentioned reasons, the control of the VCA shall be handed over to another suitably qualified pilot.

• (c) During all phases of flight, the pilot required to be on duty shall remain alert. If the pilot realises a lack of alertness, appropriate countermeasures shall be taken.

UAM.OP.VCA.245 Meteorological conditions

The IAM operator shall ensure that the aircraft is operated within the weather operating limitations it is certified for, and considering current and forecast weather conditions for the entire duration of the flight.

UAM.OP.VCA.250 Ice and other contaminants – ground procedures

• (a) The IAM operator shall establish procedures to be followed when ground de-icing and anti-icing treatment and related inspections of the VCA are necessary for its safe operation.

• (b) The PIC shall commence take-off only if the VCA is clear of any deposit that might adversely affect its performance or controllability in accordance with its AFM.

UAM.OP.VCA.255 Ice and other contaminants – flight procedures

• (a) The IAM operator shall establish procedures for flights in expected or actual icing conditions.

• (b) The PIC shall commence the flight or intentionally fly into expected or actual icing conditions only if the VCA is certified and equipped to operate in such conditions.

• (c) If actual 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 PIC shall exit the icing conditions without delay and, if necessary, declare an emergency to ATS.

UAM.OP.VCA.260 Oil supply

Where applicable, the PIC shall commence a flight, or continue in the event of in-flight replanning, only when satisfied that the VCA carries at least the planned amount of oil to complete the flight safely, taking into account expected operating conditions.

UAM.OP.VCA.265 Take-off conditions

Before commencing take-off, the PIC shall be satisfied that:

• (a) the meteorological conditions at the vertiport, diversion location or VEMS operating site and the condition of the surface for take-off intended to be used will not prevent the PIC from conducting a safe take-off and departure; and

• (b) the established operating minima for the vertiport, diversion location or VEMS operating site, as applicable, will be complied with.

UAM.OP.VCA.270 Minimum flight altitudes

The PIC shall not fly below specified minimum flight altitudes except:

• (a) when it is necessary for taking off or landing; or

• (b) when descending in accordance with procedures approved by the competent authority.

UAM.OP.VCA.275 Simulated abnormal or emergency situations in flight

When carrying passengers or cargo, the PIC shall not simulate abnormal or emergency situations that require the application of abnormal or emergency procedures.

UAM.OP.VCA.290 Proximity detection

When undue proximity to the ground and/or obstacles located horizontally in relation to the VCA is detected by the PIC or by a proximity warning system, the PIC shall immediately take corrective action to establish safe flight conditions.

UAM.OP.VCA.300 Approach and landing conditions

Before commencing an approach operation, the PIC shall be satisfied that:

• (a) the meteorological conditions at the vertiport, diversion location or VEMS operating site will not prevent the PIC from conducting a safe approach, landing or go-around, considering the performance information contained in the operations manual (OM); and

• (b) the established vertiport operating minima, or visibility and distance from cloud minima for flights conducted in accordance with VFR by day, shall be complied with.

UAM.OP.VCA.315 Flight hours – reporting

The IAM operator shall make available to the competent authority the amount of hours flown for each VCA operated during the previous calendar year.

SECTION 2

Manned VTOL-capable aircraft (MVCA)

UAM.OP.MVCA.050 Scope

This Section establishes additional requirements for IAM operations with manned VTOL-capable aircraft (MVCA).

UAM.OP.MVCA.100 Use of air traffic services (ATS)

The IAM operator shall ensure that:

• (a) ATS appropriate to the airspace in which the operation is conducted and to the applicable rules of the air are used, whenever available;