The Aviation Safety (Amendment) Regulations 2024

• (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.

• (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 Council⁸ 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 550m⁹”;

• (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 tasks¹⁰ 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