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The Aviation Safety (Amendment) Regulations 2024

Type Statutory-Instrument
Publication 2024-12-05
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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  • (d) for point NCO.OP.111 (aerodrome operating minima – NPA, APV, CAT1 operations) substitute—

NCO.OP.111 Aerodrome operating minima – 2D and 3D approach operations (a) The DH to be used for a 3D approach operation or 2D approach operation flown with the CDFA technique must not be lower than the highest of: (1) the OCH for the category of aircraft; (2) the published approach procedure DH or MDH, where applicable; (3) the system minimum specified in Table 1; or (4) the minimum DH specified in the aircraft flight manual or equivalent. (b) The MDH for a 2D approach operation flown without the CDFA technique must not be lower than the highest of: (1) the OCH for the category of aircraft; (2) the published approach procedure MDH, where applicable; (3) the system minimum specified in Table 1; or (4) the minimum MDH specified in the aircraft flight manual, if stated.

Facility Lowest DH or MDH (ft)
ILS/MLS/GLS 200
GNSS/SBAS (LPV) 200
Precision approach radar (PAR) 200
GNSS/SBAS (LP) 250
GNSS (LNAV) 250
GNSS/Baro-VNAV (LNAV/VNAV) 250
Helicopter point-in-space approach 250
LOC with or without DME 250
SRA (terminating at ½ NM) 250
SRA (terminating at 1 NM) 300
SRA (terminating at 2 NM or more) 350
VOR 300
VOR/DME 250
NDB 350
NDB/DME 300
VDF 350;
  • (e) in point NCO.OP.112 (aerodrome operating minima – circling operations with aeroplanes), in point (b)—
  • (i) in point (2), for “2” substitute “1”;
  • (ii) omit point (3);
  • (f) for point NCO.OP.125 (fuel and oil supply – aeroplanes) substitute—

The pilot-in-command of an aircraft must: (a) ensure that the aircraft carries a sufficient quantity of fuel or energy and oil, taking into account the weather conditions, any element affecting the performance of the aircraft, any delays that are expected in flight and any contingencies that may reasonably be expected to affect the flight; (b) plan a quantity of fuel or energy to be protected as final reserve fuel or energy to ensure a safe landing, taking into account points (1) and (2), in that priority order, to determine the quantity of the final reserve fuel or energy: (1) the severity of the hazard to persons or property that could result from an emergency landing after fuel or energy starvation; (2) the likelihood of unexpected circumstances resulting in the final reserve fuel or energy may no longer be protected; (c) commence a flight only if the aircraft carries sufficient fuel or energy and oil: (1) when no destination alternate aerodrome is required, to fly to the aerodrome or operating site of intended landing, plus the final reserve fuel or energy; or (2) when a destination alternate aerodrome is required, to fly to the aerodrome or operating site of intended landing, and afterwards, to an alternate aerodrome, plus the final reserve fuel or energy.

  • (g) omit point NCO.OP.126 (fuel and oil supply – helicopters);
  • (h) for point NCO.OP.140 (destination alternate aerodromes – aeroplanes) to point NCO.OP.142 (destination alternate aerodromes – instrument approach operations) substitute—

For IFR flights, the pilot-in-command of an aeroplane must specify at least one destination alternate aerodrome in the flight plan, unless the latest available weather information for the destination, for the period from an hour before the ETA to an hour after the ETA or the period from the actual time of departure to an hour after the ETA, whichever is the shorter, indicates that there will be a ceiling of at least 1000 ft above the DH or MDH for an IAP and a visibility of at least 5000 metres. For IFR flights, the pilot-in-command of a helicopter must specify at least one destination alternate aerodrome in the flight plan, unless the latest available weather information, for the period from an hour before the ETA to an hour after the ETA or the period from the actual time of departure to an hour after the ETA, whichever is the shorter, indicates that there will be a ceiling of at least 1000 ft above the DH or MDH for an IAP and a visibility of at least 3000 metres. The pilot-in-command of an aircraft must only select an aerodrome as a destination alternate aerodrome if either: (a) an IAP that does not rely on GNSS is available either at the destination aerodrome or at a destination alternate aerodrome; or (b) all of the following conditions are met: (1) the onboard GNSS equipment is SBAS capable; (2) the destination aerodrome, any destination alternate aerodrome, and the route between them are within SBAS service area; (3) ABAS is predicted to be available in the event of the unexpected unavailability of SBAS; (4) an IAP is selected (either at destination or destination alternate aerodrome) that does not rely on the availability of SBAS; (5) an appropriate contingency action allows the flight to be completed safely in the event of the unavailability of GNSS.

  • (i) after point NCO.OP.142 insert—

An aerodrome must not be specified as a destination alternate aerodrome for an aeroplane unless the latest available weather information indicates, for the period from an hour before until an hour after the ETA or the period from the actual time of departure to an hour after the ETA, whichever is the shorter, that: (a) for an alternate aerodrome with an available instrument approach operation with DH less than 250 ft, there will be: (1) a ceiling of at least 200 ft above the DH or MDH associated with the IAP, and (2) a visibility of at least 1500 m; or (b) for an alternate aerodrome with an instrument approach operation with DH or MDH 250 ft or more, there will be: (1) a ceiling of at least 400 ft above the DH or MDH associated with the instrument approach operation; and (2) a visibility of at least 3000m; or (c) for an alternate aerodrome without an IAP, there will be: (1) a ceiling of at least the higher of 2000 ft and the minimum safe IFR height; and (2) a visibility of at least 5000 m. An aerodrome must not be specified as a destination alternate aerodrome for a helicopter unless the available weather information indicates, for the period from 1 hour before until 1 hour after the ETA, or for the period from the actual time of departure to 1 hour after the ETA, whichever is the shorter, that: (a) for an alternate aerodrome with an available IAP, there is: (1) a ceiling of at least 200 ft above the DH or MDH associated with the IAP; and (2) a visibility of at least 1500 m by day or 3000 m by night; or (b) for an alternate aerodrome without an IAP: (1) a ceiling of at least the higher of 2000 ft and the minimum safe IFR height; and (2) a visibility of at least 1500 m by day or 3000 m by night.

  • (j) in point NCO.OP.145 (refuelling with passengers embarking, on board or disembarking), in point (b) after “fuel” insert “or energy”;
  • (k) after point NCO.OP.145, insert—

Refuelling a helicopter with engine running or rotors turning must only be conducted where all the following conditions are met: (a) it is not practical to shut down or restart the engine; (b) it is conducted in accordance with any specific procedures and limitations in the aircraft flight manual (AFM); (c) only JET A or JET A-1 fuel types are being used; (d) no passengers or task specialists are on board, embarking or disembarking; (e) the operator of the aerodrome or operating site allows such operations; (f) appropriate rescue and firefighting facilities or equipment are present; and (g) it is conducted in accordance with a checklist that must contain: (1) normal and contingency procedures; (2) the required equipment; (3) any limitations; (4) responsibilities and duties of the pilot-in-command and, if applicable, crew members and task specialists.

  • (l) in point NCO.OP.175 (take-off conditions – aeroplanes and helicopters), for point (b) substitute—

(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.

  • (m) for point NCO.OP.185 (in flight fuel management) substitute—

NCO.OP.185 In-flight fuel management (a) The pilot-in-command must monitor the amount of useable fuel or energy remaining on board to ensure that it is protected and not less than the fuel or 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 must advise air traffic control of a ‘minimum fuel or 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 or energy. (c) The pilot-in-command of a controlled flight must declare a situation of ‘fuel or energy emergency’ by broadcasting ‘MAYDAY, MAYDAY, MAYDAY FUEL’ when the usable fuel or 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 or energy.

  • (n) for point NCO.OP.205 (approach and landing conditions – aeroplanes) substitute—

Before commencing an approach to land, the pilot-in-command of an aircraft must be satisfied that: (a) according to the information available, the weather 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 take into consideration: (1) the operative ground equipment; (2) the operative aircraft system; (3) the aircraft performance; (4) flight crew qualifications.

  • (o) omit point NCO.OP.206 (approach and landing conditions – helicopters);
  • (p) for point NCO.OP.210 (commencement and continuation of approach – aeroplanes and helicopters) substitute—

NCO.OP.210 Commencement and continuation of approach – aeroplanes and helicopters (a) If the controlling RVR for the runway to be used for landing an aircraft is less than 550 m (or any lower value established in accordance with an approval under SPA.LVO) then an instrument approach operation must not be continued: (1) below 1000 ft above the aerodrome elevation; or (2) into the FAS if the DH or MDH is more than 1000 ft above the aerodrome elevation. (b) If the required visual reference for an aircraft is not established, a missed approach must be executed at, or before, the DA or DH or the MDA or MDH. (c) If the required visual reference for an aircraft is not maintained after DA or DH or MDA or MDH, a go-around must be executed promptly.

  • (3) In Subpart E (specific requirements), omit points NCO.SPEC.135 (fuel and oil supply - aeroplanes) and NCO.SPEC.140 (fuel and oil supply - helicopters).

Amendment of Annex 8 to Commission Regulation (EU) No 965/2012

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  • (1) Annex 8 (specialised operations – part-SPO) is amended as follows.
  • (2) In Subpart B (operational procedures)—
  • (a) after point SPO.OP.100 (use of aerodromes and operating sites) insert—

The operator must establish procedures for: (a) altimeter checking before each departure; (b) altimeter settings for all phases of flight which must take into account the procedures established by the State of the aerodrome or the State of the airspace if applicable.

  • (b) in point SPO.OP.105 (specification of isolated aerodromes – aeroplanes), after “fuel” insert “or energy”;
  • (c) for point SPO.OP.110 (aerodrome operating minima – aeroplanes and helicopters) substitute—

SPO.OP.110 Aerodrome operating minima – aeroplanes and helicopters (a) The operator of an aircraft must establish aerodrome operating minima for each departure aerodrome, destination aerodrome, or alternate aerodrome that is planned to be used in order to ensure separation of the aircraft from terrain and obstacles and to mitigate the risk of loss of visual references during the visual flight segment of instrument approach operations. (b) The method used to establish the aerodrome operating minima must take the following elements into account: (1) the type, performance and handling characteristics of the aircraft; (2) the equipment available on the aircraft for the purpose of navigation, acquisition of visual references or control of the flight path during take-off, approach, landing and missed approach; (3) any conditions or limitations in the aircraft flight manual; (4) the dimensions and characteristics of the runways or FATOs that may be selected for use; (5) the adequacy and performance of the available visual and non-visual aids and infrastructure; (6) the OCA or OCH for the IAP; (7) the obstacles in the climb-out areas and necessary clearance margins; (8) any non-standard characteristics of the aerodrome, the IAP or the local environment; (9) the composition of the flight crew, their competence and experience; (10) the IAP; (11) the aerodrome characteristics and the available air navigation services; (12) any minima promulgated by the State of the aerodrome; (13) the conditions prescribed in any specific approvals for LVOs or operations with operational credits; (14) the relevant operational experience of the operator. (c) The operator must specify a method of determining aerodrome operating minima for aircraft in the operations manual.

  • (d) omit point SPO.OP.111 (aerodrome operating minima – NPA, APV, CAT I operations);
  • (e) in point SPO.OP.112 (aerodrome operating minima – circling operations with aeroplanes), in point (b)—
  • (i) in point (2), for “2” substitute “1”;
  • (ii) omit point (3);
  • (f) for points SPO.OP.130 (fuel and oil supply - aeroplanes) and SPO.OP.131 (fuel and oil supply - helicopter) substitute—

SPO.OP.130 – Fuel scheme - aeroplanes and helicopters (a) The operator must establish, implement and maintain a fuel scheme for aircraft that comprises: (1) a fuel or energy planning and in-flight replanning policy; and (2) an in-flight fuel or energy management policy. (b) The fuel scheme must: (1) be appropriate to the type of operation performed; and (2) correspond to the capability of the operator to support its implementation. SPO.OP.131 – Fuel scheme – fuel or energy planning and in flight replanning policy - aeroplanes and helicopters (a) As part of the fuel scheme, the operator must establish a fuel or energy planning and in-flight replanning policy to ensure that the aircraft carries a sufficient amount of usable fuel or energy to safely complete the planned flight and to allow for deviations from the planned operation. (b) The operator must ensure that the fuel or energy planning of flights is based upon at least the following elements: (1) procedures contained in the operation manual as well as: (i) current aircraft specific data derived from a fuel or energy consumption monitoring system or, if not available; (ii) data provided by the aircraft manufacturer; and (2) the operating conditions under which the flight is to be conducted including: (i) aircraft fuel or energy consumption data; (ii) anticipated masses; (iii) anticipated weather conditions; (iv) the effects of deferred maintenance items, or configuration deviations, or both; and (v) anticipated delays. (c) For aeroplanes, the operator must ensure that the pre-flight calculation of the usable fuel or energy that is required for a flight includes: (1) taxi fuel or energy that is not less than the amount expected to be used prior to take-off; (2) trip fuel or energy that must be the amount of fuel or energy that is required to enable the aeroplane to fly from take-off, or from the point of in-flight replanning, to landing at the destination aerodrome; (3) contingency fuel; (4) destination alternate fuel or energy: (i) when a flight is operated with at least one destination alternate aerodrome, it must be the amount of fuel or energy required to fly from the destination aerodrome to the destination alternate aerodrome; or (ii) when a flight is operated with no destination alternate aerodrome, it must be the amount of fuel or energy required to hold at the destination aerodrome to compensate for the lack of a destination alternate aerodrome; (5) final reserve fuel or energy that must be protected to ensure a safe landing; the operator must take into account points (i) and (ii), in that priority order, to determine the quantity of the final reserve of fuel or energy: (i) the severity of the hazard to persons or property that may result from an emergency landing after fuel or energy starvation; (ii) the likelihood of unexpected circumstances that the final reserve or fuel or energy may no longer be protected; (6) additional fuel or energy, if required by the type of operation, which must be the amount of fuel or energy to enable the aeroplane to perform a safe landing at a FE ERA aerodrome (FE ERA aerodrome critical scenario) in the event of an engine failure or loss of pressurisation, whichever requires the greater amount of fuel or energy, based on the assumption that such a failure occurs at the most critical point along the route; this additional fuel or energy is required only if the minimum amount of fuel or energy that is calculated according to points (c)(2) to (c)(5) is not sufficient for such an event; (7) extra fuel or energy to take into account anticipated delays or specific operational constraints; and (8) discretionary fuel or energy, if required by the pilot-in-command. (d) For helicopters, the operator must ensure that pre-flight calculation of the usable fuel or energy that is required for a flight includes: (1) fuel or energy to fly to the aerodrome or operating site of intended landing; (2) if a destination alternate aerodrome is required, destination alternate fuel or energy, which is the amount of fuel or energy that is required to execute a missed approach at the aerodrome or operating site of intended landing and afterwards, to fly to the specified destination alternate aerodrome, approach and land; and (3) final reserve fuel or energy which must be protected to ensure a safe landing; the operator must take into account points (i) and (ii), in that priority order, to determine the quantity of the final reserve fuel or energy; (i) the severity of the hazard to persons or property that may result from an emergency landing after fuel or energy starvation; (ii) the likelihood of unexpected circumstances such that the final reserve of fuel or energy may no longer be protected; (4) extra fuel or energy to take into account anticipated delays or specific operational constraints; and (5) discretionary fuel or energy, if required by the pilot-in-command. (e) The operator must ensure that if a flight has to proceed to a destination aerodrome other than the one originally planned, in-flight replanning procedures for calculating the required usable fuel or energy are available and comply with points (c)(2) to (c)(7) for aeroplanes, and point (d) for helicopters. (f) The pilot-in-command must only commence a flight or continue in the event of in-flight replanning, when satisfied that the aircraft carries at least the planned amount of usable fuel or energy and oil to safely complete the flight.

  • (g) after point SPO.OP.140 (flight preparation) insert—

An aerodrome must not be specified as a destination alternate aerodrome for an aeroplane unless the latest available weather information indicates, for the period from an hour before the ETA to an hour after the ETA, or for the period from actual time of departure to an hour after the ETA, whichever is the shorter that: (a) for an alternate aerodrome with an instrument approach operation with DH less than 250 ft, there will be: (1) a ceiling of at least 200 ft above the DH or MDH associated with the instrument approach operation; and (2) a visibility of at least the higher of 1500 m or 800 m above the instrument approach operation RVR or VIS minima; or (b) for an alternate aerodrome with an instrument approach operation with DH or MDH 250 ft or more, there will be: (1) a ceiling of at least 400 ft above the DH or MDH associated with the instrument approach operation; and (2) a visibility of at least 3000 m; or (c) for an alternate aerodrome without an IAP, there will be: (1) a ceiling of at least the higher of 2000 ft and the minimum safe IFR height; and (2) a visibility of at least 5000 m. The operator must not select an aerodrome as a destination alternate aerodrome for a helicopter unless the available weather information indicates, for the period from 1 hour before the ETA until 1 hour after the ETA, or for the period from the actual time of departure to 1 hour after the ETA, whichever is the shorter, that: (a) for an alternate aerodrome without an IAP, there is: (1) a ceiling of at least 200 ft above the DH or MDH associated with the IAP; and (2) a visibility of at least 1500 m by day, or 3000 m by night; or (b) for an alternate aerodrome without an IAP, there is: (1) a ceiling of at least 2000 ft or the minimum safe IFR height, whichever is greater; and (2) a visibility of at least 1500 m by day or 3000 m by night.

  • (h) in point SPO.OP.150 (destination alternate aerodromes – aeroplanes), in point (b), for “isolated” substitute “designated as an isolated aerodrome”;
  • (i) in point SPO.OP.155 (refuelling with persons embarking, on board or disembarking), in point (b), after “fuel” insert “or energy”;
  • (j) after point SPO.OP.155, insert—

SPO.OP.157 Refuelling with engine or rotors turning – helicopter (a) Refuelling of a helicopter with engine running or rotors turning must only be conducted: (1) with no task specialists embarking or disembarking; (2) if the operator of the aerodrome or operating site allows such operations; (3) in accordance with any specific procedures and limitations in the aircraft flight manual. (4) with JET A or JET A-1 fuel types; and (5) in the presence of appropriate rescue and firefighting facilities or equipment. (b) The operator must: (i) establish appropriate procedures to be followed by all involved personnel, such as crew members, task specialists, and ground operations personnel; (ii) assess the risks associated with refuelling a helicopter with engine running or engine running and rotors turning; (iii) ensure that its crew members, ground operations personnel, as well as any task specialist involved in the procedures, are appropriately trained; (iv) ensure that the helicopter refuelling procedures with engine, or rotors turning, or both, is specified in the operations manual.

  • (k) in point SPO.OP.180 (take-off conditions – aeroplanes and helicopters), for point (b) substitute—

(b) the selected aerodrome operating minima are consistent with the following: (1) the operative ground equipment; (2) the operative aircraft systems; (3) the aircraft performance; (4) flight crew qualifications.

  • (l) for point SPO.OP.190 (in-flight fuel management) substitute—

SPO.OP.190 Fuel scheme – in-flight fuel management policy (a) The operator of complex motor-powered aircraft must establish procedures to ensure that in-flight fuel or energy checks and fuel or energy management are performed. (b) The pilot-in-command must monitor the amount of useable fuel or energy remaining on board to ensure that it is protected and not less than the fuel or energy that is required to proceed to an aerodrome or operating site where a safe landing can be made. (c) The pilot-in-command must advise air traffic control of a ‘minimum fuel or 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 that the planned final reserve fuel or energy. (d) The pilot-in-command must declare a situation of ‘fuel or energy emergency’ by broadcasting ‘MAYDAY MAYDAY MAYDAY FUEL’ when the useable fuel or energy estimated to be available on landing at the nearest aerodrome or operating site where a safe landing can be made is less than the planned final reserve of fuel or energy.

  • (m) for point SPO.OP.210 (approach and landing conditions – aeroplanes) substitute—

Before commencing an approach operation, the pilot-in-command of the aircraft must be satisfied that: (a) the weather conditions at the aerodrome or the operating site and the condition of the runway or FATO intended to be used will not prevent a safe approach, landing or go-around, considering the performance information contained in the operations manual; and (b) the selected aerodrome operating minima are consistent with: (1) the operative ground equipment; (2) the operative aircraft systems; (3) the aircraft performance; (4) flight crew qualifications.

  • (n) omit point SPO.OP.211 (approach and landing conditions – helicopters);
  • (o) for point SPO.OP.215 (commencement and continuation of approach – aeroplanes and helicopters) substitute—

SPO.OP.215 Commencement and continuation of approach – aeroplanes and helicopters (a) For aeroplanes, if the reported VIS or controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued: (1) below 1000 ft above the aerodrome elevation; or (2) into the FAS where the DH or MDH is more than 1000 ft above the aerodrome elevation. (b) For helicopters, if the reported RVR is less than 550 m and the controlling RVR for the runway to be used for landing is less than the applicable minimum, then an instrument approach operation must not be continued: (1) below 1000 ft above the aerodrome elevation; or (2) into the FAS where the DH or MDH is more than 1000 ft above the aerodrome elevation. For all aircraft: (c) If the required visual reference is not established, a missed approach must be executed at, or before, the DA or DH or the MDA or MDH. (d) If the required visual reference is not maintained after the DA or DH or MDA or DH, a go-around must be executed promptly. (e) Notwithstanding point (a), in the case where no RVR is reported, and the reported VIS is less than the applicable minimum, but the converted weather visibility is equal or greater than the applicable minimum, the instrument approach can be continued to the DA or DH or MDA or MDH. (f) Notwithstanding points (a) and (b), if there is no intention to land, the instrument approach may be continued to the DA or DH or MDA or DH. A missed approach must be executed at or before the DA or DH or the MDA or DH.

  • (p) after point SPO.OP.230 (standard operating procedures) insert—

SPO.OP.235 EFVS 200 operations (a) When conducting EFVS 200 operations with operational credits and without a specific approval, an operator must ensure: (1) the aircraft is certified for the intended operation; (2) only runways, FATOs and IAPs suitable for EFVS operations are used; (3) the flight crew are competent to conduct the intended operation and a training and checking programme for the flight crew members and relevant personnel involved in the flight preparation is established; (4) operating procedures are established; (5) any relevant information is documented in the minimum equipment list; (6) any relevant information is documented in the maintenance programme; (7) safety assessments are carried out and performance indicators are established to monitor the level of safety of the operation; (8) the aerodrome operating minima take into account the capability of the system used. (b) The operator must not conduct EFVS 200 operations when conducting LVOs. (c) Notwithstanding point (a)(1), the operator may use EVS meeting the minimum criteria to conduct EFVS 200 operations, provided that this is approved by the CAA.

  • (3) In Subpart C (aircraft performance and operating limitations)—
  • (a) in point SPO.POL.110 (mass and balance system etc.), in points (a) and (c), after each occurrence of “fuel” insert “or energy”;
  • (b) in point SPO.POL.115 (mass and balance data and documentation etc.), in point (a) after each occurrence of “fuel” insert “or energy”.
  • (4) In Subpart D (instruments, data and equipment), in section 2 (helicopters), in point SPO.IDE.H.146 (lightweight flight recorder), in point (a)(1), after “they are” insert “not”.

CHAPTER 2 — Amendment of the Air Navigation Order 2016

Amendment of Schedule 13 to the Air Navigation Order 2016

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  • (1) Schedule 13 (penalties) to the Air Navigation Order 2016[^f00007] is amended as follows.
  • (2) In Part 1 (provisions referred to in article 265(5)), in Chapter 5, for the entry in the first column “CAT.OP.MPA.305(b)” substitute “CAT.OP.MPA.305(a) and (b)”.
  • (3) In Part 2 (provisions referred to in article 265(6))—
  • (a) in Chapter 8—
  • (i) omit the entry for “NCC.OP.111”;
  • (ii) in the entry for NCC.OP.130, in the second column, for “Fuel and oil supply - aeroplanes” substitute “Fuel scheme – aeroplanes and helicopters”;
  • (iii) in the entry for NCC.OP.131, in the second column, for “Fuel and oil supply - helicopters” substitute “Fuel scheme - fuel or energy planning and in-flight replanning policy - aeroplanes and helicopters”;
  • (b) in Chapter 9—
  • (i) omit the entries for—
  • (aa) “NCO.OP.126”;
  • (bb) “NCO.SPEC.135”;
  • (cc) “NCO.SPEC.140”;
  • (ii) in the entry for NCO.OP.111, in the second column, for “NPA, APV, CAT1 operations” substitute “2D and 3D approach operations”;
  • (iii) in the entry for NCO.OP.125, in the second column, for “Fuel and oil supply - aeroplanes” substitute “Fuel, energy and oil supply - aeroplanes or helicopters”;
  • (iv) in the entry for NCO.OP.142, in the second column, for “procedure relying on GNSS” substitute “operations”;
  • (c) in Chapter 10—
  • (i) omit the entry for “SPO.OP.111”;
  • (ii) in the entry for SPO.OP.130, in the second column, for “Fuel and oil supply - aeroplanes” substitute “Fuel scheme - aeroplanes and helicopters”;
  • (iii) in the entry for SPO.OP.131, in the second column, for “Fuel and oil supply - helicopters” substitute “Fuel scheme - fuel or energy planning policy and in-flight replanning policy - aeroplanes and helicopters”;
  • (d) in Chapter 11—
  • (i) in the entry for ORO.FC.105, in the first column, for “d” substitute “e”;
  • (ii) in the entry for ORO.FC.235, in the second column, after “seat” insert “- aeroplanes”;
  • (iii) after the entry for ORO.FC.235, in the first column, insert “ORO.FC.236” and in the second column insert “Pilot qualification to operate in either pilot’s seat - helicopters”;
  • (iv) in the entry for ORO.FC.240, in the first column omit “(other than (c))”.

CHAPTER 3 — Amendment of Commission Regulation (EU) No 1178/2011

Amendment of Commission Regulation (EU) No 1178/2011

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Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council is amended in accordance with regulations 14 to 17.

Insertion of Articles 4c and 4d in Commission Regulation (EU) No 1178/2011

14

After Article 4b (upset prevention and recovery training) insert—

(1) Helicopter instrument ratings (IR(H)) for multi-engine helicopters issued in accordance with Annex I (Part-FCL) to this Regulation prior to 30 October 2026 are to be treated as an IR(H) for both single-engine and multi-engine helicopters. (2) The holder of an IR(H) for single-engine helicopters must meet the requirements of point FCL.630.H of Annex I prior to being issued with an IR(H) for multi-engine helicopters. (3) The helicopter pilot licence of an individual issued with an IR(H) for multi-engine helicopters in accordance with Annex I (Part-FCL) prior to 30 October 2026 is to be endorsed with an IR(H) for both single-engine and multi-engine helicopters when it is next updated or renewed. (4) Applicants who commenced training for an IR(H) for either single-engine or multi-engine helicopters immediately prior to 30 October 2026 may complete that training and must be issued with an IR(H) The IR(H) of applicants who complete training for single-engine helicopters is to be restricted to single-engine helicopter privileges only. (1) The CAA may, before 30 October 2026, issue specific privileges for conducting multi-pilot operation training, skill tests and proficiency checks in single-pilot helicopters to instructors or examiners who meet the following conditions, as applicable: (a) the applicant holds either of the following certificates: (i) an instructor certificate issued in accordance with Annex I (Part-FCL) to this Regulation which includes privileges to instruct in the relevant type of helicopter; or (ii) an examiner certificate issued in accordance with Annex I (Part-FCL) to this Regulation which includes privileges to examine in the relevant type of helicopter; (b) the applicant has completed an MCC training course meeting the minimum requirements set out in point FCL.735.H of Part-FCL; and (c) the applicant has experience in multi-pilot operation in helicopters at a level that is considered appropriate by the CAA. (2) The privileges issued in accordance with paragraph 1 are valid until 30 October 2026. In order to revalidate the privileges applicants must: (a) for instructor privileges meet the experience requirements for instructor privileges related to multi-operation in single-pilot helicopters as set out in Part-FCL; (b) for examiner privileges meet the experience requirements for examiner and instructor privileges related to multi-operation in single-pilot helicopters as set out in Part-FCL.

Amendment of Article 10a of Commission Regulation (EU) No 1178/2011

15

In Article 10a (pilot training organisations), after paragraph 5 insert—

(6) Pilot training organisations that provide training for the IR(H) must adapt their training programme to be compliant with Annex I by 30 October 2025.

Amendment of Annex 1 to Commission Regulation (EU) No 1178/2011

16
  • (1) Annex 1 (part-FCL) is amended as follows.
  • (2) In point FCL.010 (definitions)—
  • (a) for the definition of ‘Multi-pilot operation’ substitute—
  • ‘Multi-pilot operation’ means an operation requiring at least two pilots using multi- crew cooperation in either a multi-pilot or a single-pilot aircraft.
  • (b) for the definition of ‘Multi-pilot aircraft’ substitute—
  • ‘Multi-pilot aircraft’:
  • for aeroplanes means aeroplanes certified for operation with a minimum crew of at least two pilots;
  • for helicopters, airships and powered-lift aircraft means an aircraft which is certified for operation by at least two pilots or which is required to be operated with at least two pilots in accordance with Regulation (EU) No965/2012.
  • (c) for the definition of ‘Single-pilot aircraft’ substitute—
  • ‘Single-pilot aircraft’:
  • for aeroplanes means an aircraft certified for operation by one pilot;
  • for helicopters, airships and powered-lift aircraft means an aircraft which is certified for operation by one pilot and which is not required to be operated with at least two pilots in accordance with Regulation (EU) No965/2012.
  • (d) after the definition of ‘Cruise relief co-pilot’ insert—
  • ‘Decision height’ (‘DH’) means a specified height in a 3D instrument approach operation at which a missed approach procedure must be initiated if the required visual reference to continue the approach has not been established.
  • (e) after the definition of ‘Helicopter’ insert—
  • ‘Instrument approach operation’ means an approach and landing using instruments for navigation guidance based on an IAP and is either: a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; or a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance.
  • ‘Instrument approach procedure (IAP)’ means a series of pre-determined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and, after that, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply.
  • (f) after the definition of ‘Mixed EBT Programme’ insert—
  • ‘Multi-engine centreline thrust aeroplane’ means a type of aircraft which typically has two engines mounted on the fuselage in a push/pull configuration.
  • (g) after the definition of ‘Renewal’ insert—
  • ‘Required visual reference’ means that section of the visual aids or of the approach area which should have been in view for sufficient time for the pilot to have made an assessment of the aircraft position and rate of change of position, in relation to the desired flight path. In Category III operations with a DH, the required visual reference is that specified for the particular procedure and operation;
  • (3) In point FCL.510.H (ATPL(H) -prerequisites, experience and crediting)—
  • (a) for point (a) substitute—

(a) hold a CPL(H); (aa) have received instruction in MCC in accordance with point FCL.735.H;

  • (b) after point (d) insert—

(e) The instruction requirement at point (aa) may as an alternative be met by ATPL(H) applicants: (1) demonstrating compliance with point FCL.720.H(a)(2)(ii); and (2) receiving training at an ATO and successfully completing a training course which meets the requirements set out at point FCL.735.H.

  • (4) For point FCL.605.IR (privileges)substitute—

FCL.605.IR Privileges (a) Holders of an IR may fly aircraft under IFR, including PBN operations, with a minimum decision height of: (1) no less than 60m (200ft); (2) less than 60m (200ft) provided that they are authorised to do so in accordance with Annex V (PART-SPA) to Regulation (EU) No965/2012. (b) Holders of an IR must exercise their privileges in accordance with the conditions set out in Appendix 8 to this Annex. (c) To exercise privileges as PIC under IFR in multi-pilot operation helicopters, holders of an IR(H) must have at least 70 hours of instrument time, of which up to 30 hours may be instrument ground time.

  • (5) In point FCL.620 IR (Skill Test)—
  • (a) in point (a) substitute “Annex” for “Part”;
  • (b) omit points (b) and (c).
  • (6) After the heading “Section 2 - Specific requirements for the aeroplane category” which follows point FCL.620 IR (Skill Test) insert—

FCL.620.A IR(A) (Skill Test) (a) A multi-engine IR(A) skill test must be taken in a multi-engine aeroplane. (b) A single-engine IR(A) skill test must be taken in a single-engine aeroplane. (c) A multi-engine centreline thrust aeroplane is considered a single-engine aeroplane for the purposes of this point. (d) Applicants who have completed a skill test for a multi-engine IR(A) in a single-pilot multi-engine aeroplane for which a class rating is required are to be issued with a single-engine IR(A) for the single-engine aeroplane class or type ratings that they hold.

  • (7) For point FCL.630.H (IR(H)) - extension of privileges from single-engine to multi-engine helicopters) substitute—

Unless specified otherwise in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No748/2012 holders of an IR(H) who wish to extend their IR(H) privileges to further helicopter types must complete: (a) a relevant type rating training course; and (b) 2 hours of flight training at an ATO in the relevant type by sole reference to instruments according to IFR. This training may be carried out in an FFS or an FTD which appropriately represents the relevant type for IFR operation.

  • (8) After heading “Section 4 - Specific requirements for the airship category” insert—

FCL.620.As IR(As) - Skill Test For a multi-engine IR(As) the skill test must be taken in a multi-engine airship. For a single-engine IR(As) the skill test must be taken in a single-engine airship.

  • (9) In point FCL.725 (requirements for the issue of class and type ratings), for point (d) substitute—

(d) Single-pilot and multi-pilot operation (1) A pilot who holds a type rating for an aircraft type with single-pilot or multi-pilot operation privileges is to be treated as having fulfilled the theoretical requirements when applying to add the other form of operation for the same aircraft type. (2) Such a pilot must complete the additional flight training required for the other form of operation in the relevant aircraft type in accordance with Appendix 9 to this Annex unless specified in operational suitability data established in accordance with Annex I (Part 21) of Regulation (EU) No748/2012. This training must be completed at either: (i) an ATO; or (ii) an organisation to which Annex III (Part-ORO) to Regulation 965/2012 applies which is entitled to provide such training on the basis of either an approval or, in the case of single-pilot helicopters, a declaration. (3) The form of operation must be entered in the pilot’s licence unless the privilege relates to single-pilot helicopters. (4) In the case of single-pilot helicopters the following requirements apply: (i) where a pilot completed a skill test or a proficiency check for a non-complex single-pilot type rating in multi-pilot operations only, their licence must be endorsed with a restriction to a multi-pilot operation type rating. This endorsement may be removed when the applicant completes a proficiency check that includes the necessary elements for single-pilot operation as specified in Appendix 9 to this Annex. (ii) in all other cases the form of operation must not be entered in the licence and the pilot is entitled to exercise the privileges of the type rating: (A) in single-pilot operation provided that the skill test or proficiency check was either: (1) completed in single-pilot operation; or (2) completed in multi-pilot operation and contained additional elements for single-pilot operation as specified in Appendix 9 to this Annex. (B) in multi-pilot operation under the following conditions: (1) the pilot meets the requirements of point FCL.720.H(a)(2); (2) the privileges are exercised in accordance with Annex III (Part-ORO) to Regulation (EU) No965/2012 only; and (3) the skill test or proficiency check was completed in multi-pilot operation.

  • (10) In point FCL.720.H (experience requirements and prerequisites for the issue of type ratings - helicopters)—
  • (b) in point (a)—
  • (i) for the introductory words, substitute—

Multi-pilot helicopters. An applicant for a type rating for a multi-pilot helicopter type must meet the following requirements before starting the type rating training course:

  • (ii) for point (2)(ii) substitute—

(ii) have completed at least 500 hours of flight time as a pilot in multi-pilot operations in any aircraft category;

  • (iii) omit point (2)(iii);
  • (c) in point (b), for the introductory words, substitute—

A graduate from an ATP(H)/IR, ATP(H), CPL(H)/IR or CPL/(H) integrated course who has not met the requirement set out in point (a)(1) may undertake the type rating training course for a multi-pilot helicopter type rating. On completion of that course the graduate must be issued with a type rating with privileges limiting the exercise of functions to that of a co-pilot only. The limitation must be removed once the pilot has complied with all of the following:

  • (d) in point (c), for the introductory words, substitute—

Multi-engine helicopters. An applicant for a first type rating for a multi-engine helicopter must:

  • (11) In point FCL.905.TRI (TRI - privileges and conditions), in point (a)(5)—
  • (a) for point (ii) substitute—

(ii) MCC training provided that the individual has completed 350 hours of flight time as a pilot in multi-pilot operations in any aircraft category;

  • (b) omit point (iii).
  • (12) Point FCL.910.TRI (TRI - restricted privileges) is amended as follows.
  • (a) for point (c)(2) substitute—

(2) In order to extend the privileges of a TRI(H) to multi-pilot operations in the same type of single-pilot helicopters the licence holder must have: (i) at least 350 hours of flight time as a pilot in multi-pilot operations in any aircraft category; or (ii) at least 100 hours of flight time as a pilot in multi-pilot operations of the specific type within the last 2 years.

  • (b) after point (c)(2) insert—

(3) Before the privileges of a TRI(H) are extended from single-pilot helicopters to multi-pilot helicopters the holder must meet the requirements of point FCL.915.TRI(d)(3).

  • (13) In point FCL.915.TRI (TRI- prerequisites), for point (d) substitute—

(d) for TRI(H): (1) for a TRI(H) certificate for single-pilot single-engine helicopters either: (i) have completed 250 hours as a helicopter pilot or (ii) hold a FI(H) certificate. (2) for a TRI(H) certificate for single-pilot multi-engine helicopters either: (i) have completed 500 hours as a helicopter pilot including 100 hours as PIC in single-pilot multi-engine helicopters or (ii) hold an FI(H) certificate and have completed 100 hours of flight time as a multi-engine helicopter pilot. (3) for a TRI(H) certificate for multi-pilot helicopters: (i) have completed 1000 hours of flight time as a helicopter pilot; and (ii) have completed 350 hours in multi-pilot operations in any aircraft category or 100 hours of flight time as a pilot in multi-pilot operations in the type for which the TRI(H) certificate is sought. (4) holders of an FI(H) certificate must be fully credited towards the requirements of (1) and (2) in the relevant single-pilot helicopter;

  • (14) In point FCL.915.IRI (IRI - prerequisites), for point (b)(3) substitute—

(3) when seeking privileges to provide training in multi-engine helicopters meet the requirements of points FCL.910.TRI(c)(1) and FCL.915.TRI(d)(2);

  • (15) In point FCL.905.SFI (SFI - privileges and conditions), for point (d)(2) substitute—

(2) MCC training provided that they have at least 350 hours as a pilot in multi-pilot operations in any aircraft category.

  • (16) In point FCL.915.SFI (SFI - prerequisites)—
  • (a) for point (e)(2) substitute—

(2) in the case of multi-pilot helicopters at least 1000 hours of flying experience as a helicopter pilot including at least 350 hours in multi-pilot operations in any aircraft category;

  • (b) after point (e)(4) insert—

(5) in the case of single-pilot helicopters in multi-pilot operations completed at least 350 hours in multi-pilot operations in any aircraft category.

  • (17) In point FCL.915.MCCI (MCCI - prerequisites), in point (b)—
  • (a) in point (1), after “multi-pilot operations” insert “of which at least 350 hours is in the appropriate aircraft category;”;
  • (b) in point (2)—
  • (i) for “multi-crew operations” substitute “multi-pilot operations”;
  • (ii) for “in multi-pilot helicopters” substitute “is in helicopters”.
  • (18) In point FCL.1005.TRE (TRE - privileges and conditions), in point (b)(2) omit “, or for the extension of the IR(H) from single-engine helicopters to multi-engine helicopters,”.
  • (19) In point FCL.1010.TRE (TRE - prerequisites), for point (b)(6) substitute—

(6) Before the privileges of a TRE(H) are extended from single-pilot operations to multi-pilot operations on the same type of helicopter the holder must have either: (i) at least 100 hours in multi-pilot operations on this type; or (ii) at least 350 hours in multi-pilot operations in any aircraft category.

  • (20) In point FCL.1010.SFE (SFE - prerequisites), in point (b) (SFE(H)), for points (3) and (4) substitute—

(3) in the case of multi-pilot helicopters have at least 1000 hours of flight time as multi-pilot helicopter pilots; (4) in the case of single-pilot helicopters in multi-pilot operations have completed at least 350 hours in multi-pilot operations in any aircraft category; (5) for the initial issue of an SFE certificate have completed at least 50 hours of synthetic flight instruction as a TRI(H) or an SFI(H) on the applicable type.

Amendment of Appendices to Annex 1 of Commission Regulation (EU) No 1178/2011

17
  • (1) In Appendix 3 (training courses for the issue of a CPL and an ATPL), in point I (CPL/IR integrated course - helicopters), in point 9, for “IFR-certificated multi-engine helicopter” substitute “IFR-certificated helicopter”.
  • (2) In Appendix 6 (modular training courses for the IR), in point B (IR(H) – Modular Flying Training Course)—
  • (a) in point 7—
  • (i) for “A single-engine IR(H) course” substitute “An IR(H) course”;
  • (ii) for “50 hours” substitute “55 hours”;
  • (iii) in point (b) for “35 hours” substitute “40 hours”;
  • (b) omit point 8.
  • (3) In Appendix 8 (cross-crediting of the IR part of a class or type rating proficiency check), for point B (helicopters) substitute—

B. Helicopters Credits are granted only if holders are revalidating or renewing IR privileges for single-pilot helicopters as appropriate.

If a skill test or a proficiency check, including IR, is performed and the holders have a valid: Credit is valid towards the IR part in a proficiency check for:
(1) Provided that within the preceding 12 months at least three IFR departures and approaches exercising PBN privileges, including one RNP APCH approach (which may be a Point in Space (PinS) approach), have been performed on a single-pilot helicopter in single-pilot operations. (1) Provided that within the preceding 12 months at least three IFR departures and approaches exercising PBN privileges, including one RNP APCH approach (which may be a Point in Space (PinS) approach), have been performed on a single-pilot helicopter in single-pilot operations.
Multi-pilot helicopter (MPH) type rating Single-pilot helicopter (SPH) of the same type including privileges for single-pilot operations[^f01000]
Single-pilot helicopter (SPH) type rating in multi-pilot operations Privileges for single-pilot operations in the same type [^f01000]
  • (4) In Appendix 9 (training, skill test and proficiency check for MPL, ATPL, type and class ratings, and proficiency check for IRs)—
  • (a) in point A (general), in point 15, for “aeroplane” substitute “aircraft”;
  • (b) in point B (specific requirements for the aeroplane category)—
  • (i) in point 2 omit from “Section 6 is not part of the ATPL or MPL skill test” until the end of the point;
  • (ii) in point 6(j)—
  • (aa) at the bottom of Section 5 of the table omit “General remarks: Special requirements for the extension of a type rating for instrument approaches down to a decision height of less than 200ft (60m) i.e. CAT II/III operations.”;
  • (bb) omit Section 6 of the table (including the note at the end);
  • (c) in point C (specific requirements for the helicopter category), after point 12 insert—

SINGLE-PILOT HELICOPTERS (13) Applicants for the issue, revalidation or renewal of a single-pilot helicopter type rating must: (a) if privileges for single-pilot operation are sought, complete the skill test or proficiency check in single-pilot operation; (b) if privileges for multi-pilot operation are sought, complete the skill test or proficiency check in multi-pilot operation; (c) if privileges for both single-pilot and multi-pilot privileges are sought, complete the skill test or proficiency check in multi-pilot operation and, additionally, the following manoeuvres and procedures in single-pilot operation: (1) for single-engine helicopters: 2.1 take-off and 2.6 and 2.6.1 autorotative descent and autorotative landing; (2) for multi-engine helicopters: 2.1 take-off and 2.4 and 2.4.1 engine failures shortly before and shortly after reaching TDP; (3) for IR privileges, in addition to point (1) and (2), as applicable, one approach of Section 5, unless the criteria of Appendix 8 to this Annex are met; (d) in order to remove a restriction to multi-pilot operation from a non-complex single-pilot helicopter type rating, complete a proficiency check that includes the manoeuvres and procedures referred to in point (c)(1) or (c)(2) as applicable.

  • (d) in point D (specific requirements for the powered-lift aircraft category)—
  • (i) in point 6 omit points (a) and (b);
  • (ii) in point 8 omit Section 6 of the table;
  • (e) in point E (specific requirements for the airship category)—
  • (i) in point 6 omit points (a) and (b);
  • (ii) in point 8 omit Section 6 of the table.

CHAPTER 4 — Amendment of Commission Regulation (EU) No 139/2014

Amendment of Commission Regulation (EU) No 139/2014

18

Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council[^f00008] is amended in accordance with regulations 19 to 21.

Amendment of Annex 1 to Commission Regulation (EU) No 139/2014

19
  • (1) Annex 1 (definitions for terms used in Annexes 2 to 4) is amended as follows.
  • (2) After point (15) insert—

(15za) ‘ceiling’ means the height above the ground or water of the base of the lowest layer of cloud below 6000m (20000ft) covering more than half the sky;

  • (3) After point (17a) insert—

(17b) ‘decision height’ (DH) means a specified height in a 3D instrument approach operation at which a missed approach procedure must be initiated if the required visual reference to continue the approach has not been established;

  • (4) After point (21) insert—

(21a) ‘instrument approach operation’ means an approach and landing using instruments for navigation guidance based on an IAP and is either: (a) a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; or (b) a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance; (21b) ‘instrument approach procedure (IAP)’ means a series of pre-determined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and, after that, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply;

  • (5) In point (22)—
  • (a) in point (1), after “type A instrument approach operation” insert “at a visibility not less than 1000m”;
  • (b) in point (2), after “type B CAT I instrument approach operation” insert “with a DH not lower than 60m (200ft) and either at a visibility not less than 800m or at an RVR of not less than 550m[^f00009]”;
  • (c) in point (3), after “type B CAT II instrument approach operation” insert “with a DH lower than 60m (200ft) but not lower than 30m (100ft) and an RVR of not less than 300m”;
  • (d) in point (4), in the second column for the entry for “precision approach runway, category III” substitute—

a runway served by visual aids and at least one non-visual aid intended for landing operations following a type B CAT III instrument approach operation with: (a) a DH lower than 30m (100ft); (b) no DH and an RVR of less than 300m; or (c) no runway visual range limitations;

  • (6) For point (25) substitute—

(25) ‘low visibility procedures’ (LVP) means procedures applied at an aerodrome for the purpose of ensuring safety during low-visibility operations;

  • (7) For point (26) substitute—

(26) ‘low visibility take-off’ (LVTO) means a take-off operation with an RVR less than 550m;

  • (8) Omit point (27).
  • (9) Omit point (35).
  • (10) After point (37) insert—

(37a) ‘required visual reference’ means that section of the visual aids or of the approach area which should have been in view for sufficient time for the pilot to have made an assessment of the aircraft position and rate of change of position, in relation to the desired flight path. In Category III operations with a DH, the required visual reference is that specified for the particular procedure and operation;

  • (11) In point (47b)3.—
  • (a) for the entry in the first column “Category IIIA (CAT IIIA)” substitute “Category III (CAT III)”;
  • (b) for the entry in the second column substitute—

(a) a DH lower than 30m (100ft); (b) no DH and an RVR of less than 300m; or (c) no runway visual range limitations;

  • (12) Omit point (47b)4.
  • (13) Omit point (47b)5.

Amendment of Annex 3 to Commission Regulation (EU) No 139/2014

20

In Annex 3, in point ADR.OR.C.005 (aerodrome operator responsibilities), after point (d) insert—

(e) The aerodrome operator, in order to ensure the safe operation of aircraft at the aerodrome, must provide and maintain, directly or through arrangements with third parties, visual and non-visual aids, meteorological equipment and any other equipment, appropriate to the type of operations conducted at the aerodrome.

Amendment of Annex 4 to Commission Regulation (EU) No 139/2014

21

In Annex 4, for point ADR.OPS.B.045 (low visibility operations) substitute—

ADR.OPS.B.045 Low visibility operations (a) Points (b) to (e) apply where an aerodrome is used for any of the following operations: (1) an LVTO; (2) approach and landing operations with visibility conditions less than a 550m RVR or a DH less than 200ft (60m). (b) The aerodrome operator must: (1) provide the aerodrome with appropriate equipment and facilities; and (2) establish and implement the appropriate LVP. (c) The LVP are to: (1) co-ordinate the movement of aircraft and vehicles on the movement area; (2) restrict or prohibit activities on the movement area; (3) include criteria for their preparation, initiation and termination. The criteria must be based on RVR and ceiling. (d) The aerodrome operator must: (1) establish and implement the LVP in co-operation with the air traffic services provider; (2) inform the aeronautical information services provider and air traffic services provider, as appropriate, of any changes to the status of aerodrome equipment and facilities that have an impact on low visibility operations; (3) provide information on LVP to the aeronautical information services provider for publication in the AIP. (e) The CAA must approve LVP, including changes to existing procedures, prior to their implementation.

PART 3 — Corrections

CHAPTER 1 — Amendment of Commission Regulation (EU) No 748/2012

Amendment of Commission Regulation (EU) No 748/2012

22

Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations is amended in accordance with regulations 23 to 24.

Amendment of Annex 1 to Commission Regulation (EU) No 748/2012

23
  • (1) Annex 1 (part-21 certification of aircraft and related products, etc.) is amended as follows.
  • (2) In Section A (technical requirements)—
  • (a) in Subpart A (general provisions), in point 21.A.3A (failures, malfunctions and defects), for the heading substitute “Reporting system”;
  • (b) in Subpart G (production organisation approval), in point 21.A.145 (approval requirements), for the heading substitute “Resources”;
  • (c) in Subpart J (design organisation approval), in point 21.A.243 (data), for the heading and point (a) substitute—

21.A.243 Design handbook and flight test operations manual (a) As part of the design management system, the design organisation must provide the CAA with a handbook that describes, directly or by cross reference: (1) the organisation and its relevant policies, processes and procedures; (2) the type of design work and the categories of products, parts and appliances for which the design organisation holds a design organisation approval, as identified in the terms of approval issued under point 21.A.251 (terms of approval); (3) where relevant, the interfaces with and the control of its partners or subcontractors. (aa) If flight tests are to be conducted, a flight test operations manual that defines the organisation’s policies and procedures in relation to flight tests must also be provided to the CAA. The flight test operations manual must include: (1) a description of the organisation’s processes for flight tests, including any involvement by a flight test organisation in the permit to fly issuance process; (2) crewing policy, including composition, competency, currency and flight time limitations, in accordance with Appendix XII (categories of flight tests and associated flight test crew qualifications), where applicable; (3) procedures for the carriage of persons other than crew members and for flight test training, when applicable; (4) a policy for risk and safety management and associated methodologies; (5) procedures to identify the instruments and equipment that must be carried on board the aircraft; (6) a list of documents that need to be produced for flight tests.

  • (3) In Section B (procedures for the CAA)—
  • (a) in Subpart E (supplemental type certificates), omit point 21.B.115 (means of compliance);
  • (b) in Subpart F (production without production organisation approval), in point 21.B.215 (means of compliance), in point (a), after “Regulation (EU) 2018/1139” insert “and this Regulation”;
  • (c) in Subpart G (production organisation approval), after point 21.B.260 (record keeping) insert—

21.B.265 Means of compliance (a) AMC may be used to establish compliance with Regulation (EU) 2018/1139 and this Regulation. (b) Alternative means of compliance may be used by an organisation to establish compliance with this Regulation when approved by the CAA.

Amendment of Appendix 2 to Annex 1 to Commission Regulation (EU) No 748/2012

24

For Appendix 2 to Annex 1, substitute—

CHAPTER 2 — Amendment of Commission Regulation (EU) No 1321/2014

Amendment of Commission Regulation (EU) No 1321/2014

25

Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks[^f00010] is amended in accordance with regulations 26 to 28.

Amendment of Annex 1 to Commission Regulation (EU) No 1321/2014

26
  • (1) Annex 1 (Part-M), Section A (technical requirements) is amended as follows.
  • (2) In Subpart H (certificate of release to service – CRS), in point M.A.802 (component certificate to release to service), for point (a) substitute—

(a) Except for components released to service by a maintenance organisation approved in accordance with Annex II (Part-145), a CRS must be issued at the completion of any maintenance carried out on an aircraft component in accordance with point M.A.502 of this Annex (Part-M).

  • (3) In Subpart I (airworthiness review certificate), in point M.A.901 (aircraft airworthiness review), after point (o) insert—

(p) A person or organisation who issues or extends an ARC must send a copy of that ARC to the CAA within 10 days of the date of issue or extension.

Amendment of Annex 2 to Commission Regulation (EU) No 1321/2014

27
  • (1) Annex 2 (part-145) is amended as follows.
  • (2) In Section A (technical requirements)—
  • (a) in point 145.A.30 (personnel requirements), in point (j)(1), after “United Kingdom,” insert “certifying staff and”;
  • (b) in point 145.A.45 (maintenance data), in point (a), for “145.A.55(a)(3)” substitute “145.A.55(c)”;
  • (c) in point 145.A.70 (maintenance organisation exposition)—
  • (i) in point (a)(10), after “CAA” omit “, as required by point 145.A.85(c)”;
  • (ii) in point (c), for “145.A.85(a)” substitute “145.A.85”;
  • (d) in point 145.A.202 (internal safety reporting scheme), in point (a), for “point 145.A.60” substitute “points 145.A.60 and 145.A.61”.
  • (3) In Section B (CAA requirements), in point 145.B.310 (initial certification procedure), in point (h), for “145.A.85(c)” substitute “145.A.70(a)(10)”.
  • (4) In Appendix 2 (class and rating system for the terms of approval of Part-145 maintenance organisations), in point (k)—
  • (a) for “145.A.85(a)(1)” substitute “145.A.85”;
  • (b) for “145.A.85(c)” substitute “145.A.70(a)(10)”.

Amendment of Annex 5b to Commission Regulation (EU) No 1321/2014

28

In Annex 5b (part-ML), in Section A (technical requirements), in Subpart I (airworthiness review certificate (‘ARC’)), in point ML.A.903 (airworthiness review process), after point (e) insert—

(f) A person or organisation who issues or extends an ARC must send a copy of that ARC to the CAA within 10 days of the date of issue or extension.

Signed

Signed by authority of the Secretary of State for Transport

Michael Kane — Parliamentary Under Secretary of State — Department for Transport — 5th December 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend assimilated EU law in the field of aviation safety and make consequential changes to the Air Navigation Order 2016 (“the ANO 2016”) using powers conferred by Regulation (EU) 2018/1139 of 4 July 2018 on common rules in the field of civil aviation and the Retained EU Law (Revocation and Reform) Act 2023.

Part 2, Chapter 1 amends article 5 of, and the Annexes to, Commission Regulation (EU) No 965/2012 (technical requirements and administrative procedures related to air operations) (“the air operations regulation”) to implement International Civil Aviation Organization (“ICAO”) Standards and Recommended Practices (“SARPs”) set out in Annex 6 (operation of aircraft) to the Convention on International Civil Aviation of 7th December 1944 (“the Chicago Convention”).

The amendment in regulation 3 introduces a new concept of an “operational credit” which allows for some flights to be operated at a lower aerodrome operating minima. The amendments in regulation 4 update definitions in Annex 1 to the air operations regulation and the amendments in regulations 5 to 11 makes amendments to Annexes 2 to 8 of the air operations regulation. These amendments introduce the concept of “fuel schemes” for commercial air transport (“CAT”); establish requirements to plan and manage the consumption of fuel and energy both before and during flights (including the selection of appropriate aerodromes for landing); update aerodrome operating minima requirements; introduce changes in respect of helicopter operations under instrument flight rule, planning minima to avoid the loss of safe landing options during flights and requirements relating to altimeter setting and checking. These amendments are implemented across CAT operations generally; however, specific requirements vary dependent on the aircraft or operation and use of the aircraft. The concept of “energy” is a new addition throughout the amendments to allow for the use of non-hydrocarbon-based fuels in future.

Part 2, Chapter 2, makes consequential amendments to the ANO 2016, which are required as a result of amendments in regulations 6, 7 and 9 to 11 which either revoke, or revoke and replace, obligations in the air operations regulation to which criminal sanctions apply in the ANO.

Part 2, Chapter 3 amends Commission Regulation (EU) No 1178/2011 (requirements and administrative procedures related to civil aviation aircrew). The changes implemented by these Regulations will improve existing mandatory crew training and checking requirements for air operators. Specifically, the changes address: initial and recurrent training and checking; the conditions for the operation of more than one aircraft type or variant and the acceptance of previous training and checking by non-commercial operators. The amendments also allow for multi-pilot operations to take place on single-pilot certified helicopters.

Part 2, Chapter 4 amends Commission Regulation (EU) No 139/2014 (requirements and administrative procedures related to aerodromes). The amendments implement ICAO SARPs set out in Annexes 6 and 14 (aerodromes). They also reflect updates to the All-Weather Operations Manual (ICAO Document 9365). All-Weather Operations (“AWO”) is the ability of aircraft to take off and land in an airport under low visibility conditions. These Regulations introduce the regulatory requirements necessary to support AWO at aerodromes, including ensuring that the appropriate infrastructure (including meteorological equipment), information and procedures are in place. They also introduce amendments which allow for the use of enhanced flight vision systems (“EFVS”) to the maximum extent possible.

Part 3, Chapter 1 amends Commission Regulation (EU) No 748/2012 (implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations). These amendments are further to those made by the Aviation Safety (Amendment) Regulations 2023 (“the 2023 Regulations”), which were done to implement SARPs set out in Annex 19 of the Chicago Convention. Those SARPs require organisations designing or producing aircraft, engines and components to implement a Safety Management System (“SMS”). These Regulations make further amendments to support the implementation of the Safety Management System. They also correct errors that have come to the Department’s attention following the 2023 Regulations being made, by amending the requirements for the content of the handbook design organisations must provide to the CAA, amending specifications to when acceptable or alternative means of compliance may be used by organisations to establish compliance with relevant regulations, and replacing relevant CAA forms to clarify which forms should be used in particular situations.

Part 3, Chapter 2 amends Commission Regulation (EU) No 1321/2014 (continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks). These amendments are also further to amendments in the 2023 Regulations, which were made to require maintenance organisations to implement an SMS to bring into effect ICAO standards set out in Annex 19 to the Chicago Convention. These amendments also correct errors that have come to the Department’s attention following the 2023 Regulations being made by amending requirements for when a component certificate of release to service must be issued following maintenance, expanding which staff are included in derogations for certain qualification requirements where base maintenance is carried out a location outside of the UK, and fixing incorrect cross-references to other provisions within Commission Regulation (EU) No 1321/2014. The amendments also reinstate legal requirements for those issuing or extending airworthiness review certificates to send them to the CAA within 10 days. These requirements had been removed by the Aviation Safety (Amendment) (EU Exit) Regulations 2020.

A full impact assessment of the effect that the amendments in this instrument regarding fuel planning and management will have on the costs to business, the voluntary sector and the public sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published alongside the Explanatory Memorandum to this instrument on the legislation.gov.uk website. A full impact assessment has not been produced for the remainder this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: EUR 2018/1139, amended by S.I. 2019/645 and 2022/63. There are other amendments not relevant to these Regulations.

[^f00002]: 2023 c. 28, to which there are amendments not relevant to these Regulations.

[^f00003]: The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.

[^f00004]: EUR 2012/965, amended by S.I. 2019/645, 2020/116, 2021/614, 2021/1203 and 2022/1235.

[^f00005]: EUR 2011/1178, amended by S.I. 2019/645, 2020/1116, 2021/10, 2021/614, 2021/1203 and 2022/637.

[^f00006]: EUR 2012/748, amended by S.I. 2019/645, 2020/116, 2022/1235 and 2023/588.

[^f00007]: S.I. 2016/765, amended by S.I. 2017/1112, 2018/1160, 2019/261, 2019/645, 2019/1098, 2020/1555 and 2021/879.

[^f00008]: EUR 2014/139, as amended by S.I. 2019/645 and 2021/1203.

[^f00009]: By convention in aviation operations altitude is measured in imperial units (feet) and distance is measured in metric units (metres).

[^f00010]: EUR 2014/1321, as amended by S.I. 2019/645, 2020/1116 and 2023/588. There are other amendments not relevant to these Regulations.

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