Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
| DECLARATION in accordance with Commission Regulation (EU) No 965/2012 on air operations | DECLARATION in accordance with Commission Regulation (EU) No 965/2012 on air operations | DECLARATION in accordance with Commission Regulation (EU) No 965/2012 on air operations | DECLARATION in accordance with Commission Regulation (EU) No 965/2012 on air operations | DECLARATION in accordance with Commission Regulation (EU) No 965/2012 on air operations | DECLARATION in accordance with Commission Regulation (EU) No 965/2012 on air operations |
| Operator Name: Place in which the operator has its principal place of business or, if the operator has no principal place of business, place in which the operator is established or residing and place from which the operations are directed: Name and contact details of the accountable manager: | Operator Name: Place in which the operator has its principal place of business or, if the operator has no principal place of business, place in which the operator is established or residing and place from which the operations are directed: Name and contact details of the accountable manager: | Operator Name: Place in which the operator has its principal place of business or, if the operator has no principal place of business, place in which the operator is established or residing and place from which the operations are directed: Name and contact details of the accountable manager: | Operator Name: Place in which the operator has its principal place of business or, if the operator has no principal place of business, place in which the operator is established or residing and place from which the operations are directed: Name and contact details of the accountable manager: | Operator Name: Place in which the operator has its principal place of business or, if the operator has no principal place of business, place in which the operator is established or residing and place from which the operations are directed: Name and contact details of the accountable manager: | Operator Name: Place in which the operator has its principal place of business or, if the operator has no principal place of business, place in which the operator is established or residing and place from which the operations are directed: Name and contact details of the accountable manager: |
| Aircraft operation | Aircraft operation | Aircraft operation | Aircraft operation | Aircraft operation | Aircraft operation |
| Starting date of operation and applicability date of the change: | Starting date of operation and applicability date of the change: | Starting date of operation and applicability date of the change: | Starting date of operation and applicability date of the change: | Starting date of operation and applicability date of the change: | Starting date of operation and applicability date of the change: |
| Information on aircraft, operation and continuing airworthiness management organisation [^E0085]: | Information on aircraft, operation and continuing airworthiness management organisation [^E0085]: | Information on aircraft, operation and continuing airworthiness management organisation [^E0085]: | Information on aircraft, operation and continuing airworthiness management organisation [^E0085]: | Information on aircraft, operation and continuing airworthiness management organisation [^E0085]: | Information on aircraft, operation and continuing airworthiness management organisation [^E0085]: |
| Type(s) of aircraft, registration(s) and main base: | Type(s) of aircraft, registration(s) and main base: | Type(s) of aircraft, registration(s) and main base: | Type(s) of aircraft, registration(s) and main base: | Type(s) of aircraft, registration(s) and main base: | Type(s) of aircraft, registration(s) and main base: |
| Aircraft MSN [^E0086] | Aircraft type | Aircraft registration [^E0087] | Main base | Type(s) of operation [^E0088] | Organisation responsible for the continuing airworthiness management [^E0089] |
| The operator shall obtain a prior approval [^E0090] or specific approval [^E0091] for certain operations before conducting such operations. | The operator shall obtain a prior approval [^E0090] or specific approval [^E0091] for certain operations before conducting such operations. | The operator shall obtain a prior approval [^E0090] or specific approval [^E0091] for certain operations before conducting such operations. | The operator shall obtain a prior approval [^E0090] or specific approval [^E0091] for certain operations before conducting such operations. | The operator shall obtain a prior approval [^E0090] or specific approval [^E0091] for certain operations before conducting such operations. | The operator shall obtain a prior approval [^E0090] or specific approval [^E0091] for certain operations before conducting such operations. |
| Where applicable, details of approvals held. Attach the list of specific approvals. Include: — specific approvals granted by a third country, if applicable; — name of operations conducted with operational credits (e.g. EFVS 200, SA CAT I, etc.). | Where applicable, details of approvals held. Attach the list of specific approvals. Include: — specific approvals granted by a third country, if applicable; — name of operations conducted with operational credits (e.g. EFVS 200, SA CAT I, etc.). | Where applicable, details of approvals held. Attach the list of specific approvals. Include: — specific approvals granted by a third country, if applicable; — name of operations conducted with operational credits (e.g. EFVS 200, SA CAT I, etc.). | Where applicable, details of approvals held. Attach the list of specific approvals. Include: — specific approvals granted by a third country, if applicable; — name of operations conducted with operational credits (e.g. EFVS 200, SA CAT I, etc.). | Where applicable, details of approvals held. Attach the list of specific approvals. Include: — specific approvals granted by a third country, if applicable; — name of operations conducted with operational credits (e.g. EFVS 200, SA CAT I, etc.). | Where applicable, details of approvals held. Attach the list of specific approvals. Include: — specific approvals granted by a third country, if applicable; — name of operations conducted with operational credits (e.g. EFVS 200, SA CAT I, etc.). |
| Where applicable, details of specialised operations authorisation held (attach authorisation(s), if applicable). | Where applicable, details of specialised operations authorisation held (attach authorisation(s), if applicable). | Where applicable, details of specialised operations authorisation held (attach authorisation(s), if applicable). | Where applicable, details of specialised operations authorisation held (attach authorisation(s), if applicable). | Where applicable, details of specialised operations authorisation held (attach authorisation(s), if applicable). | Where applicable, details of specialised operations authorisation held (attach authorisation(s), if applicable). |
| Where applicable, list of alternative means of compliance (AltMoC) with references to the associated AMC they replace (attach AltMoC). | Where applicable, list of alternative means of compliance (AltMoC) with references to the associated AMC they replace (attach AltMoC). | Where applicable, list of alternative means of compliance (AltMoC) with references to the associated AMC they replace (attach AltMoC). | Where applicable, list of alternative means of compliance (AltMoC) with references to the associated AMC they replace (attach AltMoC). | Where applicable, list of alternative means of compliance (AltMoC) with references to the associated AMC they replace (attach AltMoC). | Where applicable, list of alternative means of compliance (AltMoC) with references to the associated AMC they replace (attach AltMoC). |
| Statements | Statements | Statements | Statements | Statements | Statements |
| □ The operator complies, and continues to comply, with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 of the European Parliament and of the Council and with the requirements of Regulation (EU) No 965/2012. □ The management system documentation, including the operations manual, shall comply with the requirements of Annex III (Part-ORO), Annex V (Part-SPA), Annex VI (Part-NCC) or Annex VIII (Part-SPO) to Commission Regulation (EU) No 965/2012 and all flights shall be made in accordance with the provisions of the operations manual as required by point ORO.GEN.110(b) of Part-ORO. | □ The operator complies, and continues to comply, with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 of the European Parliament and of the Council and with the requirements of Regulation (EU) No 965/2012. □ The management system documentation, including the operations manual, shall comply with the requirements of Annex III (Part-ORO), Annex V (Part-SPA), Annex VI (Part-NCC) or Annex VIII (Part-SPO) to Commission Regulation (EU) No 965/2012 and all flights shall be made in accordance with the provisions of the operations manual as required by point ORO.GEN.110(b) of Part-ORO. | □ The operator complies, and continues to comply, with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 of the European Parliament and of the Council and with the requirements of Regulation (EU) No 965/2012. □ The management system documentation, including the operations manual, shall comply with the requirements of Annex III (Part-ORO), Annex V (Part-SPA), Annex VI (Part-NCC) or Annex VIII (Part-SPO) to Commission Regulation (EU) No 965/2012 and all flights shall be made in accordance with the provisions of the operations manual as required by point ORO.GEN.110(b) of Part-ORO. | □ The operator complies, and continues to comply, with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 of the European Parliament and of the Council and with the requirements of Regulation (EU) No 965/2012. □ The management system documentation, including the operations manual, shall comply with the requirements of Annex III (Part-ORO), Annex V (Part-SPA), Annex VI (Part-NCC) or Annex VIII (Part-SPO) to Commission Regulation (EU) No 965/2012 and all flights shall be made in accordance with the provisions of the operations manual as required by point ORO.GEN.110(b) of Part-ORO. | □ The operator complies, and continues to comply, with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 of the European Parliament and of the Council and with the requirements of Regulation (EU) No 965/2012. □ The management system documentation, including the operations manual, shall comply with the requirements of Annex III (Part-ORO), Annex V (Part-SPA), Annex VI (Part-NCC) or Annex VIII (Part-SPO) to Commission Regulation (EU) No 965/2012 and all flights shall be made in accordance with the provisions of the operations manual as required by point ORO.GEN.110(b) of Part-ORO. | □ The operator complies, and continues to comply, with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 of the European Parliament and of the Council and with the requirements of Regulation (EU) No 965/2012. □ The management system documentation, including the operations manual, shall comply with the requirements of Annex III (Part-ORO), Annex V (Part-SPA), Annex VI (Part-NCC) or Annex VIII (Part-SPO) to Commission Regulation (EU) No 965/2012 and all flights shall be made in accordance with the provisions of the operations manual as required by point ORO.GEN.110(b) of Part-ORO. |
| □ All operated aircraft shall hold: — a valid certificate of airworthiness in accordance with Commission Regulation (EU) No 748/2012 or, for aircraft registered in a third country, in accordance with ICAO Annex 8; and — when used for SPO activities, a valid lease agreement as per ORO.SPO.100. | □ All operated aircraft shall hold: — a valid certificate of airworthiness in accordance with Commission Regulation (EU) No 748/2012 or, for aircraft registered in a third country, in accordance with ICAO Annex 8; and — when used for SPO activities, a valid lease agreement as per ORO.SPO.100. | □ All operated aircraft shall hold: — a valid certificate of airworthiness in accordance with Commission Regulation (EU) No 748/2012 or, for aircraft registered in a third country, in accordance with ICAO Annex 8; and — when used for SPO activities, a valid lease agreement as per ORO.SPO.100. | □ All operated aircraft shall hold: — a valid certificate of airworthiness in accordance with Commission Regulation (EU) No 748/2012 or, for aircraft registered in a third country, in accordance with ICAO Annex 8; and — when used for SPO activities, a valid lease agreement as per ORO.SPO.100. | □ All operated aircraft shall hold: — a valid certificate of airworthiness in accordance with Commission Regulation (EU) No 748/2012 or, for aircraft registered in a third country, in accordance with ICAO Annex 8; and — when used for SPO activities, a valid lease agreement as per ORO.SPO.100. | □ All operated aircraft shall hold: — a valid certificate of airworthiness in accordance with Commission Regulation (EU) No 748/2012 or, for aircraft registered in a third country, in accordance with ICAO Annex 8; and — when used for SPO activities, a valid lease agreement as per ORO.SPO.100. |
| □ All flight crew members shall hold a licence in accordance with Annex I to Commission Regulation (EU) No 1178/2011 as required by point ORO.FC.100(c) of Part-ORO, and cabin crew members shall, where applicable, be trained in accordance with Subpart CC of Part-ORO. | □ All flight crew members shall hold a licence in accordance with Annex I to Commission Regulation (EU) No 1178/2011 as required by point ORO.FC.100(c) of Part-ORO, and cabin crew members shall, where applicable, be trained in accordance with Subpart CC of Part-ORO. | □ All flight crew members shall hold a licence in accordance with Annex I to Commission Regulation (EU) No 1178/2011 as required by point ORO.FC.100(c) of Part-ORO, and cabin crew members shall, where applicable, be trained in accordance with Subpart CC of Part-ORO. | □ All flight crew members shall hold a licence in accordance with Annex I to Commission Regulation (EU) No 1178/2011 as required by point ORO.FC.100(c) of Part-ORO, and cabin crew members shall, where applicable, be trained in accordance with Subpart CC of Part-ORO. | □ All flight crew members shall hold a licence in accordance with Annex I to Commission Regulation (EU) No 1178/2011 as required by point ORO.FC.100(c) of Part-ORO, and cabin crew members shall, where applicable, be trained in accordance with Subpart CC of Part-ORO. | □ All flight crew members shall hold a licence in accordance with Annex I to Commission Regulation (EU) No 1178/2011 as required by point ORO.FC.100(c) of Part-ORO, and cabin crew members shall, where applicable, be trained in accordance with Subpart CC of Part-ORO. |
| □ (If applicable) The operator shall implement and demonstrate conformity to a recognised industry standard. Reference of the standard: Certification body: Date of the last conformity audit: | □ (If applicable) The operator shall implement and demonstrate conformity to a recognised industry standard. Reference of the standard: Certification body: Date of the last conformity audit: | □ (If applicable) The operator shall implement and demonstrate conformity to a recognised industry standard. Reference of the standard: Certification body: Date of the last conformity audit: | □ (If applicable) The operator shall implement and demonstrate conformity to a recognised industry standard. Reference of the standard: Certification body: Date of the last conformity audit: | □ (If applicable) The operator shall implement and demonstrate conformity to a recognised industry standard. Reference of the standard: Certification body: Date of the last conformity audit: | □ (If applicable) The operator shall implement and demonstrate conformity to a recognised industry standard. Reference of the standard: Certification body: Date of the last conformity audit: |
| □ The operator shall notify to the competent authority any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Commission Regulation (EU) No 965/2012 as declared to the competent authority through this declaration, and any changes to the information and lists of AltMoC included in and annexed to this declaration, as required by point ORO.GEN.120(a) of Part-ORO. | □ The operator shall notify to the competent authority any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Commission Regulation (EU) No 965/2012 as declared to the competent authority through this declaration, and any changes to the information and lists of AltMoC included in and annexed to this declaration, as required by point ORO.GEN.120(a) of Part-ORO. | □ The operator shall notify to the competent authority any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Commission Regulation (EU) No 965/2012 as declared to the competent authority through this declaration, and any changes to the information and lists of AltMoC included in and annexed to this declaration, as required by point ORO.GEN.120(a) of Part-ORO. | □ The operator shall notify to the competent authority any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Commission Regulation (EU) No 965/2012 as declared to the competent authority through this declaration, and any changes to the information and lists of AltMoC included in and annexed to this declaration, as required by point ORO.GEN.120(a) of Part-ORO. | □ The operator shall notify to the competent authority any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Commission Regulation (EU) No 965/2012 as declared to the competent authority through this declaration, and any changes to the information and lists of AltMoC included in and annexed to this declaration, as required by point ORO.GEN.120(a) of Part-ORO. | □ The operator shall notify to the competent authority any changes in circumstances affecting its compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of Commission Regulation (EU) No 965/2012 as declared to the competent authority through this declaration, and any changes to the information and lists of AltMoC included in and annexed to this declaration, as required by point ORO.GEN.120(a) of Part-ORO. |
| □ The operator shall confirm that the information disclosed in this declaration is correct. | □ The operator shall confirm that the information disclosed in this declaration is correct. | □ The operator shall confirm that the information disclosed in this declaration is correct. | □ The operator shall confirm that the information disclosed in this declaration is correct. | □ The operator shall confirm that the information disclosed in this declaration is correct. | □ The operator shall confirm that the information disclosed in this declaration is correct. |
| Date, name, and signature of the accountable manager | Date, name, and signature of the accountable manager | Date, name, and signature of the accountable manager | Date, name, and signature of the accountable manager | Date, name, and signature of the accountable manager | Date, name, and signature of the accountable manager |
If there is not enough space to list the required information in the declaration, the information shall be listed in a separate annex. The annex shall be dated and signed.
Manufacturer serial number.
If the aircraft is also registered with an AOC holder, specify the AOC number of the AOC holder.
‘Type(s) of operation’ refers to the type of operations conducted with this aircraft, e.g. non-commercial operations or specialised operations, e.g. aerial photography flights, aerial advertising flights, news media flights, television and movie flights, parachute operations, skydiving, maintenance check flights.
Information about the organisation responsible for the continuing airworthiness management shall include the name of the organisation, its address, and the approval reference.
(a) operations with any defective instrument or piece of equipment or item or function, under a minimum equipment list (MEL) (points ORO.MLR.105 (b), (f), and (j), NCC.IDE.A.105, NCC.IDE.H.105, SPO.IDE.A.105, and SPO.IDE.H.105). (b) Operations requiring prior authorisation or approval, including all of the following: — for specialised operations, wet lease-in and dry lease-in of aircraft registered in a third country (point ORO.SPO.100 (c)); — high-risk commercial specialised operations (point ORO.SPO.110); — non-commercial operations with aircraft with an MOPSC of more than 19, which are performed without an operating cabin crew member (point ORO.CC.100 (d)); — use of IFR operating minima that are lower than those published by the State (points NCC.OP.110 and SPO.OP.110); — refuelling with engine(s) and/or rotors turning (point NCC.OP.157); — specialised operations (SPO) without oxygen above 10 000 ft (point SPO.OP.195).
[^E0091]: (7)
Operations in accordance with Annex V (Part-SPA) to Regulation (EU) No 965/2012, including Subparts B ‘Performance-based navigation (PBN) operations’, C ‘Operations with specified minimum navigation performance (MNPS)’, D ‘Operations in airspace with reduced vertical separation minima (RVSM)’, E ‘Low-visibility operations (LVOs) and operations with operational credits’, G ‘Transport of dangerous goods’, K ‘Helicopter offshore operations’ and N ‘Helicopter point-in-space approaches and departures with reduced VFR minima’.
ANNEX IV
COMMERCIAL AIR TRANSPORT OPERATIONS
[PART-CAT]
SUBPART A
GENERAL REQUIREMENTS
CAT.GEN.100 Competent authority
The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business.
SECTION 1
Motor-powered aircraft
CAT.GEN.MPA.100 Crew responsibilities
- (a) The crew member shall be responsible for the proper execution of his or her duties that are:
- (1) related to the safety of the aircraft and its occupants; and
- (2) specified in the instructions and procedures in the operations manual.
- (b) The crew member shall:
- (1) report to the commander any fault, failure, malfunction or defect which the crew member believes may affect the airworthiness or safe operation of the aircraft including emergency systems, if not already reported by another crew member;
- (2) report to the commander any incident that endangered, or could have endangered, the safety of the operation, if not already reported by another crew member;
- (3) comply with the relevant requirements of the operator’s occurrence reporting schemes;
- (4) comply with all flight and duty time limitations (FTL) and rest requirements applicable to their activities;
- (5) when undertaking duties for more than one operator:
- (i) maintain his or her individual records regarding flight and duty times and rest periods as referred to in the applicable FTL requirements;
- (ii) provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements; and
- (iii) provide each operator with the data needed regarding operations on more than one type or variant.
- (c) The crew member shall not perform duties on an aircraft:
- (1) when under the influence of psychoactive substances or when unfit due to injury, fatigue, medication, sickness or other similar causes;
- (2) until a reasonable time period has elapsed after deep water diving or following blood donation;
- (3) if applicable medical requirements are not fulfilled;
- (4) if he or she is in any doubt of being able to accomplish his or her assigned duties; or
- (5) if he or she knows or suspects that he or she is suffering from fatigue as referred to in Annex V, point 7.5, to Regulation (EU) 2018/1139 or feels otherwise unfit, to the extent that the flight may be endangered.
CAT.GEN.MPA.105 Responsibilities of the commander
- (a)The commander, in addition to complying with CAT.GEN.MPA.100, shall:
- (1) be responsible for the safety of all crew members, passengers and cargo on board, as soon as the commander arrives on board the aircraft, until the commander leaves the aircraft at the end of the flight;
- (2) be responsible for the operation and safety of the aircraft:
- (i) for aeroplanes, from the moment the aeroplane is first ready to move for the purpose of taxiing prior to take-off, until the moment it finally comes to rest at the end of the flight and the engine(s) used as primary propulsion unit(s) is(are) shut down;
- (ii) for helicopters, when the rotors are turning;
- (3) have authority to give all commands and take any appropriate actions for the purpose of securing the safety of the aircraft and of persons and/or property carried therein in accordance with 7.c of Annex IV to Regulation (EC) No 216/2008;
- (4) have authority to disembark any person, or any part of the cargo, that may represent a potential hazard to the safety of the aircraft or its occupants;
- (5) not allow a person to be carried in the aircraft who appears to be under the influence of alcohol or drugs to the extent that the safety of the aircraft or its occupants is likely to be endangered;
- (6) have the right to refuse transportation of inadmissible passengers, deportees or persons in custody if their carriage increases the risk to the safety of the aircraft or its occupants;
- (7) ensure that all passengers are briefed on the location of emergency exits and the location and use of relevant safety and emergency equipment;
- (8) ensure that all operational procedures and checklists are complied with in accordance with the operations manual;
- (9) not permit any crew member to perform any activity during critical phases of flight, except duties required for the safe operation of the aircraft;
- (10) ensure that:
- (i) flight recorders are not disabled or switched off during flight;
- (ii) in the event of an occurrence other than an accident or a serious incident that shall be reported according to ORO.GEN.160(a), flight recorders' recordings are not intentionally erased; and
- (iii) in the event of an accident or a serious incident, or if preservation of recordings of flight recorders is directed by the investigating authority:
- (A) flight recorders' recordings are not intentionally erased;
- (B) flight recorders are deactivated immediately after the flight is completed; and
- (C) precautionary measures to preserve the recordings of flight recorders are taken before leaving the flight crew compartment;
- (11) decide on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or the minimum equipment list (MEL);
- (12) ensure that the pre-flight inspection has been carried out in accordance with the requirements of Annex I (Part-M) to Regulation (EU) No 1321/2014;
- (13) be satisfied that relevant emergency equipment remains easily accessible for immediate use;
- (14) record, at the termination of the flight, utilisation data and all known or suspected defects of the aircraft in the aircraft technical log or journey log of the aircraft to ensure continued flight safety.
- (b)The commander, or the pilot to whom conduct of the flight has been delegated, shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances in accordance with 7.d of Annex IV to Regulation (EC) No 216/2008. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety.
- (c)Whenever an aircraft in flight has manoeuvred in response to an airborne collision avoidance system (ACAS) resolution advisory (RA), the commander shall submit an ACAS report to the competent authority.
- (d)Bird hazards and strikes:
- (1) Whenever a potential bird hazard is observed, the commander shall inform the air traffic service (ATS) unit as soon as flight crew workload allows.
- (2) Whenever an aircraft for which the commander is responsible suffers a bird strike that results in significant damage to the aircraft or the loss or malfunction of any essential service, the commander shall submit a written bird strike report after landing to the competent authority.
- (e) The commander shall, as soon as possible, report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft.
CAT.GEN.MPA.110 Authority of the commander
The operator shall take all reasonable measures to ensure that all persons carried in the aircraft obey all lawful commands given by the commander for the purpose of securing the safety of the aircraft and of persons or property carried therein.
CAT.GEN.MPA.115 Personnel or crew members other than cabin crew in the passenger compartment
The operator shall ensure that personnel or crew members, other than operating cabin crew members, carrying out their duties in the passenger compartment of an aircraft:
- (a) are not confused by the passengers with operating cabin crew members;
- (b) do not occupy required cabin crew assigned stations;
- (c) do not impede operating cabin crew members in their duties.
CAT.GEN.MPA.120 Common language
The operator shall ensure that all crew members can communicate with each other in a common language.
CAT.GEN.MPA.124 Taxiing of aircraft
The operator shall establish procedures for taxiing of aircraft in order to ensure safe operation and in order to enhance runway safety.
CAT.GEN.MPA.125 Taxiing of aeroplanes
The operator shall ensure that an aeroplane is only taxied on the movement area of an aerodrome if the person at the controls:
- (a) is an appropriately qualified pilot; or
- (b) has been designated by the operator and:
- (1) is trained to taxi the aircraft;
- (2) is trained to use the radio telephone;
- (3) has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures;
- (4) is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.
CAT.GEN.MPA.130 Rotor engagement — helicopters
A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.
CAT.GEN.MPA.135 Admission to the flight crew compartment
- (a)The operator shall ensure that no person, other than a flight crew member assigned to a flight, is admitted to, or carried in, the flight crew compartment unless that person is:
- (1) an operating crew member;
- (2) a representative of the competent or inspecting authority, if required to be there for the performance of his/her official duties; or
- (3) permitted by and carried in accordance with instructions contained in the operations manual.
- (b)The commander shall ensure that:
- (1) admission to the flight crew compartment does not cause distraction or interference with the operation of the flight; and
- (2) all persons carried in the flight crew compartment are made familiar with the relevant safety procedures.
- (c)The commander shall make the final decision regarding the admission to the flight crew compartment.
CAT.GEN.MPA.140 Portable electronic devices
The operator shall not permit any person to use a portable electronic device (PED) on board an aircraft that could adversely affect the performance of the aircraft’s systems and equipment, and shall take all reasonable measures to prevent such use.
CAT.GEN.MPA.141 Use of electronic flight bags (EFBs)
- (a) Where an EFB is used on board an aircraft, the operator shall ensure that it does not adversely affect the performance of the aircraft systems or equipment, or the ability of the flight crew member to operate the aircraft.
- (b) The operator shall not use a type B EFB application unless it is approved in accordance with Subpart M of Annex V (Part-SPA).
CAT.GEN.MPA.145 Information on emergency and survival equipment carried
The operator shall at all times have available for immediate communication to rescue coordination centres (RCCs) lists containing information on the emergency and survival equipment carried on board any of their aircraft.
CAT.GEN.MPA.150 Ditching — aeroplanes
The operator shall only operate an aeroplane with a passenger seating configuration of more than 30 on overwater flights at a distance from land suitable for making an emergency landing, greater than 120 minutes at cruising speed, or 400 NM, whichever is less, if the aeroplane complies with the ditching provisions prescribed in the applicable certification specification or specifications.
CAT.GEN.MPA.155 Carriage of weapons of war and munitions of war
- (a)The operator shall only transport weapons of war or munitions of war by air if an approval to do so has been granted by all States whose airspace is intended to be used for the flight.
- (b)Where an approval has been granted, the operator shall ensure that weapons of war and munitions of war are:
- (1) stowed in the aircraft in a place that is inaccessible to passengers during flight; and
- (2) in the case of firearms, unloaded.
- (c)The operator shall ensure that, before a flight begins, the commander is notified of the details and location on board the aircraft of any weapons of war and munitions of war intended to be carried.
CAT.GEN.MPA.160 Carriage of sporting weapons and ammunition
- (a)The operator shall take all reasonable measures to ensure that any sporting weapons intended to be carried by air are reported to the operator.
- (b)The operator accepting the carriage of sporting weapons shall ensure that they are:
- (1) stowed in the aircraft in a place that is inaccessible to passengers during flight; and
- (2) in the case of firearms or other weapons that can contain ammunition, unloaded.
- (c)Ammunition for sporting weapons may be carried in passengers’ checked baggage, subject to certain limitations, in accordance with the technical instructions.
CAT.GEN.MPA.161 Carriage of sporting weapons and ammunition — alleviations
Notwithstanding CAT.GEN.MPA.160(b), for helicopters with a maximum certified take-off mass (MCTOM) of 3 175 kg or less operated by day and over routes navigated by reference to visual landmarks, a sporting weapon may be carried in a place that is accessible during flight, provided that the operator has established appropriate procedures and it is impracticable to stow it in an inaccessible stowage during flight.
CAT.GEN.MPA.165 Method of carriage of persons
The operator shall take all measures to ensure that no person is in any part of an aircraft in flight that is not designed for the accommodation of persons unless temporary access has been granted by the commander:
- (a) for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods therein; or
- (b) to a part of the aircraft in which cargo or supplies are carried, being a part that is designed to enable a person to have access thereto while the aircraft is in flight.
CAT.GEN.MPA.170 Psychoactive substances
- (a) The operator shall take all reasonable measures to ensure that no person enters or is in an aircraft when under the influence of psychoactive substances to the extent that the safety of the aircraft or its occupants is likely to be endangered.
- (b) The operator shall develop and implement a policy on the prevention and detection of misuse of psychoactive substances by flight and cabin crew members and by other safety-sensitive personnel under its direct control, in order to ensure that the safety of the aircraft or its occupants is not endangered.
- (c) Without prejudice to the applicable national legislation on data protection concerning testing of individuals, the operator shall develop and implement an objective, transparent and non-discriminatory procedure for the prevention and detection of cases of misuse of psychoactive substances by its flight and cabin crew and other safety-sensitive personnel.
- (d) In case of a confirmed positive test result, the operator shall inform its competent authority and the authority responsible for the personnel concerned, such as a medical assessor of the licensing authority.
CAT.GEN.MPA.175 Endangering safety
- (a) The operator shall take all reasonable measures to ensure that no person recklessly, intentionally or negligently acts or omits to act so as to:
- (1) endanger an aircraft or person therein; or
- (2) cause or permit an aircraft to endanger any person or property.
- (b) The operator shall ensure that flight crew has undergone a psychological assessment before commencing line flying in order to:
- (1) identify psychological attributes and suitability of the flight crew in respect of the work environment; and
- (2) reduce the likelihood of negative interference with the safe operation of the aircraft.
- (c) Considering the size, nature and complexity of the activity of an operator, an operator may replace the psychological assessment referred to in point (b) with an internal assessment of the psychological attributes and suitability of flight crew.
CAT.GEN.MPA.180 Documents, manuals and information to be carried
- (a)The following documents, manuals and information shall be carried on each flight, as originals or copies unless otherwise specified:
- (1) the aircraft flight manual (AFM), or equivalent document(s);
- (2) the original certificate of registration;
- (3) the original certificate of airworthiness (CofA);
- (4) the noise certificate, including an English translation, where one has been provided by the authority responsible for issuing the noise certificate;
- (5) a certified true copy of the air operator certificate (AOC), including an English translation when the AOC has been issued in another language;
- (6) the operations specifications relevant to the aircraft type, issued with the AOC, including an English translation when the operations specifications have been issued in another language;
- (7) the original aircraft radio licence, if applicable;
- (8) the third party liability insurance certificate(s);
- (9) the journey log, or equivalent, for the aircraft;
- (10) the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014;
- (11) details of the filed ATS flight plan, if applicable;
- (12) current and suitable aeronautical charts for the route of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;
- (13) procedures and visual signals information for use by intercepting and intercepted aircraft;
- (14) information concerning search and rescue services for the area of the intended flight, which shall be easily accessible in the flight crew compartment;
- (15) the current parts of the operations manual that are relevant to the duties of the crew members, which shall be easily accessible to the crew members;
- (16) the MEL;
- (17) appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;
- (18) appropriate meteorological information;
- (19) cargo and/or passenger manifests, if applicable;
- (20) mass and balance documentation;
- (21) the operational flight plan, if applicable;
- (22) notification of special categories of passenger (SCPs) and special loads, if applicable; and
- (23) any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
- (b)Notwithstanding (a), for operations under visual flight rules (VFR) by day with other-than complex motor-powered aircraft taking off and landing at the same aerodrome or operating site within 24 hours, or remaining within a local area specified in the operations manual, the following documents and information may be retained at the aerodrome or operating site instead:
- (1) noise certificate;
- (2) aircraft radio licence;
- (3) journey log, or equivalent;
- (4) aircraft technical log;
- (5) NOTAMs and AIS briefing documentation;
- (6) meteorological information;
- (7) notification of SCPs and special loads, if applicable; and
- (8) mass and balance documentation.
- (c)Notwithstanding (a), in case of loss or theft of documents specified in (a)(2) to (a)(8), the operation may continue until the flight reaches its destination or a place where replacement documents can be provided.
CAT.GEN.MPA.185 Information to be retained on the ground
- (a)The operator shall ensure that at least for the duration of each flight or series of flights:
- (1) information relevant to the flight and appropriate for the type of operation is preserved on the ground;
- (2) the information is retained until it has been duplicated at the place at which it will be stored; or, if this is impracticable
- (3) the same information is carried in a fireproof container in the aircraft.
- (b)The information referred to in (a) includes:
- (1) a copy of the operational flight plan, where appropriate;
- (2) copies of the relevant part(s) of the aircraft technical log;
- (3) route-specific NOTAM documentation if specifically edited by the operator;
- (4) mass and balance documentation if required; and
- (5) special loads notification.
CAT.GEN.MPA.190 Provision of documentation and records
The commander shall, within a reasonable time of being requested to do so by a person authorised by an authority, provide to that person the documentation required to be carried on board.
CAT.GEN.MPA.195 Handling of flight recorder recordings: preservation, production, protection and use
- (a) Following an accident, a serious incident or an occurrence identified by the investigating authority, the operator of an aircraft shall preserve the original recorded data of the flight recorders for a period of 60 days or until otherwise directed by the investigating authority.
- (b) The operator shall conduct operational checks and evaluations of the recordings to ensure the continued serviceability of the flight recorders which are required to be carried under this Regulation.
- (c) The operator shall ensure that the recordings of flight parameters and data link communication messages required to be recorded on flight recorders are preserved. However, for the purpose of testing and maintaining those flight recorders, up to 1 hour of the oldest recorded data at the time of testing may be erased.
- (d) The operator shall keep and maintain up to date documentation that presents the necessary information to convert raw flight data into flight parameters expressed in engineering units.
- (e) The operator shall make available any flight recorder recordings that have been preserved, if so determined by the competent authority.
- (f) Without prejudice to Regulation (EU) No 996/2010 and Regulation (EU) 2016/679 of the European Parliament and of the Council ([^E0092]):
- (1) Except for ensuring flight recorder serviceability, audio recordings from a flight recorder shall not be disclosed or used unless all of the following conditions are fulfilled:
- (i) a procedure related to the handling of such audio recordings and of their transcript is in place;
- (ii) all crew members and maintenance personnel concerned have given their prior consent;
- (iii) such audio recordings are used only for maintaining or improving safety.
- (1a) When inspecting flight recorder audio recordings to ensure flight recorder serviceability, the operator shall protect the privacy of those audio recordings and make sure that they are not disclosed or used for purposes other than for ensuring flight recorder serviceability.
- (2) Flight parameters or data link messages recorded by a flight recorder shall not be used for purposes other than for the investigation of an accident or an incident which is subject to mandatory reporting, unless such recordings meet any of the following conditions:
- (i) are used by the operator for airworthiness or maintenance purposes only;
- (ii) are de-identified;
- (iii) are disclosed under secure procedures.
- (3) Except for ensuring flight recorder serviceability, images of the flight crew compartment that are recorded by a flight recorder shall not be disclosed or used unless all of the following conditions are fulfilled:
- (i) a procedure related to the handling of such image recordings is in place;
- (ii) all crew members and maintenance personnel concerned have given their prior consent;
- (iii) such image recordings are used only for maintaining or improving safety.
- (3a) When images of the flight crew compartment that are recorded by a flight recorder are inspected for ensuring the serviceability of the flight recorder, then:
- (i) those images shall not be disclosed or used for purposes other than for ensuring flight recorder serviceability;
- (ii) if body parts of crew members are likely to be visible on the images, the operator shall ensure the privacy of those images.
CAT.GEN.MPA.200 Transport of dangerous goods
- (a)Unless otherwise permitted by this Annex, the transport of dangerous goods by air shall be conducted in accordance with Annex 18 to the Chicago Convention as last amended and amplified by the ‘Technical instructions for the safe transport of dangerous goods by air’ (ICAO Doc 9284-AN/905), including its supplements and any other addenda or corrigenda.
- (b)Dangerous goods shall only be transported by an operator approved in accordance with Annex V (Part-SPA), Subpart G, except when:
- (1) they are not subject to the technical instructions in accordance with Part 1 of those instructions; or
- (2) they are carried by passengers or crew members, or are in baggage, in accordance with Part 8 of the technical instructions.
- (c)An operator shall establish procedures to ensure that all reasonable measures are taken to prevent dangerous goods from being carried on board inadvertently.
- (d)The operator shall provide personnel with the necessary information enabling them to carry out their responsibilities, as required by the technical instructions.
- (e)The operator shall, in accordance with the technical instructions, report without delay to the competent authority and the appropriate authority of the State of occurrence in the event of:
- (1) any dangerous goods accidents or incidents;
- (2) the discovery of undeclared or misdeclared dangerous goods in cargo or mail; or
- (3) the finding of dangerous goods carried by passengers or crew members, or in their baggage, when not in accordance with Part 8 of the technical instructions.
- (f)The operator shall ensure that passengers are provided with information about dangerous goods in accordance with the technical instructions.
- (g)The operator shall ensure that notices giving information about the transport of dangerous goods are provided at acceptance points for cargo as required by the technical instructions.
CAT.GEN.MPA.205 Aircraft tracking system — Aeroplanes
- (a) By 16 December 2018 at the latest, the operator shall establish and maintain, as part of the system for exercising operational control over the flights, an aircraft tracking system, which includes the flights eligible to (b) when performed with the following aeroplanes:
- (1) aeroplanes with an MCTOM of more than 27 000 kg, with an MOPSC of more than 19, and first issued with an individual CofA before 16 December 2018, which are equipped with a capability to provide a position additional to the secondary surveillance radar transponder;
- (2) all aeroplanes with an MCTOM of more than 27 000 kg, with an MOPSC of more than 19, and first issued with an individual CofA on or after 16 December 2018; and
- (3) all aeroplanes with an MCTOM of more than 45 500 kg and first issued with an individual CofA on or after 16 December 2018.
- (b) Flights shall be tracked by the operator from take-off to landing, except when the planned route and the planned diversion routes are fully included in airspace blocks where:
- (1) ATS surveillance service is normally provided which is supported by ATC surveillance systems locating the aircraft at time intervals with adequate duration; and
- (2) the operator has provided to competent air navigation service providers necessary contact information.
CAT.GEN.MPA.210 Location of an aircraft in distress – Aeroplanes
As of 1 January 2025, the following aeroplanes shall be equipped with robust and automatic means to accurately determine, following an accident during which the aeroplane is severely damaged, the location of the point of end of flight:
- (a) all aeroplanes with an MCTOM of more than 27 000 kg, with a MOPSC of more than 19, and first issued with an individual CofA on or after 1 January 2024; and
- (b) all aeroplanes with a MCTOM of more than 45 500 kg and first issued with an individual CofA on or after 1 January 2024.
CAT.GEN.MPA.215 Support programme
- (a) The operator shall enable, facilitate and ensure access to a proactive and non-punitive support programme that will assist and support flight crew in recognising, coping with, and overcoming any problem which might negatively affect their ability to safely exercise the privileges of their licence. Such access shall be made available to all flight crew.
- (b) Without prejudice to applicable national legislation on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the protection of the confidentiality of data shall be a precondition for an effective support programme as it encourages the use of such a programme and ensures its integrity.
SUBPART B
OPERATING PROCEDURES
SECTION 1
Motor-powered aircraft
CAT.OP.MPA.100 Use of air traffic services
- (a)The operator shall ensure that:
- (1) air traffic services (ATS) appropriate to the airspace and the applicable rules of the air are used for all flights whenever available;
- (2) in-flight operational instructions involving a change to the ATS flight plan, when practicable, are coordinated with the appropriate ATS unit before transmission to an aircraft.
- (b)Notwithstanding (a), the use of ATS is not required unless mandated by air space requirements for:
- (1) operations under VFR by day of other-than complex motor-powered aeroplanes;
- (2) helicopters with an MCTOM of 3 175 kg or less operated by day and over routes navigated by reference to visual landmarks; or
- (3) local helicopter operations (LHOs),
- provided that search and rescue service arrangements can be maintained.
CAT.OP.MPA.101 Altimeter check and settings
- (a) The operator shall establish procedures for altimeter checking before each departure.
- (b) The operator shall establish procedures for altimeter settings for all phases of flight, which shall take into account the procedures established by the State of the aerodrome or the State of the airspace, if applicable.
CAT.OP.MPA.105 Use of aerodromes and operating sites
- (a)The operator shall only use aerodromes and operating sites that are adequate for the type(s) of aircraft and operation(s) concerned.
- (b)The use of operating sites shall only apply to:
- (1) other-than complex motor-powered aeroplanes; and
- (2) helicopters.
CAT.OP.MPA.107 Adequate aerodrome
The operator shall consider an aerodrome as adequate if, at the expected time of use, the aerodrome is available and equipped with necessary ancillary services such as air traffic services (ATS), sufficient lighting, communications, meteorological reports, navigation aids and emergency services.
CAT.OP.MPA.110 Aerodrome operating minima
- (a) The operator shall establish aerodrome operating minima for each departure, destination 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 aerodrome operating minima shall take all 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, and/or control of the flight path during take-off, approach, landing, and the missed approach;
- (3) any conditions or limitations stated in the aircraft flight manual (AFM);
- (4) the relevant operational experience of the operator;
- (5) the dimensions and characteristics of the runways/final approach and take-off areas (FATOs) that may be selected for use;
- (6) the adequacy and performance of the available visual and non-visual aids and infrastructure;
- (7) the obstacle clearance altitude/height (OCA/H) for the instrument approach procedures (IAPs);
- (8) the obstacles in the climb-out areas and necessary clearance margins;
- (9) the composition of the flight crew, their competence and experience;
- (10) the IAP;
- (11) the aerodrome characteristics and the available air navigation services (ANS);
- (12) any minima that may be promulgated by the State of the aerodrome;
- (13) the conditions prescribed in the operations specifications including any specific approvals for low-visibility operations (LVOs) or operations with operational credits.
- (14) any non-standard characteristics of the aerodrome, the IAP or the environment
- (c) The operator shall specify a method of determining aerodrome operating minima in the operations manual.
- (d) The method used by the operator to establish aerodrome operating minima and any change to that method shall be approved by the competent authority.
CAT.OP.MPA.115 Approach flight technique — aeroplanes
- (a) All approach operations shall be flown as stabilised approach operations unless otherwise approved by the competent authority for a particular approach to a particular runway.
- (b) The continuous descent final approach (CDFA) technique shall be used for approach operations using non-precision approach (NPA) procedures except for such particular runways for which the competent authority has approved another flight technique.
CAT.OP.MPA.125 Instrument departure and approach procedures
- (a)The operator shall ensure that instrument departure and approach procedures established by the State of the aerodrome are used.
- (b)Notwithstanding (a), the commander may accept an ATC clearance to deviate from a published departure or arrival route, provided obstacle clearance criteria are observed and full account is taken of the operating conditions. In any case, the final approach shall be flown visually or in accordance with the established instrument approach procedures.
- (c)Notwithstanding (a), the operator may use procedures other than those referred to in (a) provided they have been approved by the State in which the aerodrome is located and are specified in the operations manual.
CAT.OP.MPA.126 Performance-based navigation
The operator shall ensure that, when performance-based navigation (PBN) is required for the route or procedure to be flown:
- (a) the relevant PBN navigation specification is stated in the AFM or other document that has been approved by the certifying authority as part of an airworthiness assessment or is based on such approval; and
- (b) the aircraft is operated in conformance with the relevant navigation specification and limitations in the AFM or other document referred above.
CAT.OP.MPA.130 Noise abatement procedures — aeroplanes
- (a)Except for VFR operations of other-than complex motor-powered aeroplanes, the operator shall establish appropriate operating departure and arrival/approach procedures for each aeroplane type taking into account the need to minimise the effect of aircraft noise.
- (b)The procedures shall:
- (1) ensure that safety has priority over noise abatement; and
- (2) be simple and safe to operate with no significant increase in crew workload during critical phases of flight.
CAT.OP.MPA.131 Noise abatement procedures — helicopters
- (a)The operator shall ensure that take-off and landing procedures take into account the need to minimise the effect of helicopter noise.
- (b)The procedures shall:
- (1) ensure that safety has priority over noise abatement; and
- (2) be simple and safe to operate with no significant increase in crew workload during critical phases of flight.
CAT.OP.MPA.135 Routes and areas of operation — general
- (a)The operator shall ensure that operations are only conducted along routes, or within areas, for which:
- (1) space-based facilities, ground facilities and services, including meteorological services, adequate for the planned operation are provided;
- (2) the performance of the aircraft is adequate to comply with minimum flight altitude requirements;
- (3) the equipment of the aircraft meets the minimum requirements for the planned operation; and
- (4) appropriate maps and charts are available.
- (b)The operator shall ensure that operations are conducted in accordance with any restriction on the routes or the areas of operation specified by the competent authority.
- (c)point (a)(1) shall not apply to operations under VFR by day of other-than complex motor-powered aircraft on flights that depart from and arrive at the same aerodrome or operating site.
CAT.OP.MPA.136 Routes and areas of operation — single-engined aeroplanes
Unless approved by the competent authority in accordance with Annex V (Part-SPA), Subpart L — SINGLE-ENGINED TURBINE AEROPLANE OPERATIONS AT NIGHT OR IN IMC (SET-IMC), the operator shall ensure that operations of single-engined aeroplanes are only conducted along routes, or within areas, where surfaces are available that permit a safe forced landing to be executed.
CAT.OP.MPA.137 Routes and areas of operation — helicopters
The operator shall ensure that:
- (a) for helicopters operated in performance class 3, surfaces are available that permit a safe forced landing to be executed, except when the helicopter has an approval to operate in accordance with CAT.POL.H.420;
- (b) for helicopters operated in performance class 3 and conducting ‘coastal transit’ operations, the operations manual contains procedures to ensure that the width of the coastal corridor, and the equipment carried, is consistent with the conditions prevailing at the time.
CAT.OP.MPA.140 Maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval
- (a)Unless approved by the competent authority in accordance with Subpart F of Annex V (Part-SPA), the operator shall not operate a two-engined aeroplane over a route that contains a point further from an adequate aerodrome, under standard conditions in still air, than the appropriate distance for the given type of aeroplane among the following:
- (1) for performance class A aeroplanes with a maximum operational passenger seating configuration (MOPSC) of 20 or more, the distance flown in 60 minutes at the one-engine-inoperative (OEI) cruising speed determined in accordance with point (b);
- (2) for performance class A aeroplanes with an MOPSC of 19 or less, the distance flown in 120 minutes or, subject to approval by the competent authority, up to 180 minutes for turbojet aeroplanes, at the OEI cruising speed determined in accordance with point (b);
- (3) for performance class B or C aeroplanes, whichever is less:
- (i) the distance flown in 120 minutes at the OEI cruising speed determined in accordance with point (b);
- (ii) 300 NM.
- (b)The operator shall determine a speed for the calculation of the maximum distance to an adequate aerodrome for each two-engined aeroplane type or variant operated, not exceeding VMO (maximum operating speed) based upon the true airspeed that the aeroplane can maintain with one engine inoperative.
- (c)The operator shall include the following data, specific to each type or variant, in the operations manual:
- (1) the determined OEI cruising speed; and
- (2) the determined maximum distance from an adequate aerodrome.
- (d)To obtain the approval referred to in point (a)(2), the operator shall provide evidence that:
- (1) procedures have been established for flight planning and dispatch;
- (2) specific maintenance instructions and procedures to ensure the intended levels of continued airworthiness and reliability of the aeroplane including its engines have been established and included in the operator's aircraft maintenance programme in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014, including:
- (i) an engine oil consumption programme;
- (ii) an engine condition monitoring programme.
CAT.OP.MPA.145 Establishment of minimum flight altitudes
- (a)The operator shall establish for all route segments to be flown:
- (1) minimum flight altitudes that provide the required terrain clearance, taking into account the requirements of Subpart C; and
- (2) a method for the flight crew to determine those altitudes.
- (b)The method for establishing minimum flight altitudes shall be approved by the competent authority.
- (c)Where the minimum flight altitudes established by the operator and a State overflown differ, the higher values shall apply.
CAT.OP.MPA.150 INTENTIONALLY LEFT BLANK
CAT.OP.MPA.155 Carriage of special categories of passengers (SCPs)
- (a)Persons requiring special conditions, assistance and/or devices when carried on a flight shall be considered as SCPs including at least:
- (1) persons with reduced mobility (PRMs) who, without prejudice to Regulation (EC) No 1107/2006, are understood to be any person whose mobility is reduced due to any physical disability, sensory or locomotory, permanent or temporary, intellectual disability or impairment, any other cause of disability, or age;
- (2) infants and unaccompanied children; and
- (3) deportees, inadmissible passengers or prisoners in custody.
- (b)SCPs shall be carried under conditions that ensure the safety of the aircraft and its occupants according to procedures established by the operator.
- (c)SCPs shall not be allocated, nor occupy, seats that permit direct access to emergency exits or where their presence could:
- (1) impede crew members in their duties;
- (2) obstruct access to emergency equipment; or
- (3) impede the emergency evacuation of the aircraft.
- (d)The commander shall be notified in advance when SCPs are to be carried on board.
CAT.OP.MPA.160 Stowage of baggage and cargo
The operator shall establish procedures to ensure that:
- (a) only hand baggage that can be adequately and securely stowed is taken into the passenger compartment; and
- (b) all baggage and cargo on board that might cause injury or damage, or obstruct aisles and exits if displaced, is stowed so as to prevent movement.
CAT.OP.MPA.165 Passenger seating
The operator shall establish procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they are able to assist and not hinder evacuation of the aircraft.
CAT.OP.MPA.170 Passenger briefing
The operator shall ensure that passengers are:
- (a) given briefings and demonstrations relating to safety in a form that facilitates the application of the procedures applicable in the event of an emergency; and
- (b) provided with a safety briefing card on which picture-type instructions indicate the operation of safety and emergency equipment and emergency exits likely to be used by passengers.
CAT.OP.MPA.175 Flight preparation
- (a)An operational flight plan shall be completed for each intended flight based on considerations of aircraft performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes/operating sites concerned.
- (b)The flight shall not be commenced unless the commander is satisfied that:
- (1) all items stipulated in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 concerning the airworthiness and registration of the aircraft, instrument and equipment, mass and centre of gravity (CG) location, baggage and cargo and aircraft operating limitations can be complied with;
- (2) the aircraft is not operated contrary to the provisions of the configuration deviation list (CDL);
- (3) the parts of the operations manual that are required for the conduct of the flight are available;
- (4) the documents, additional information and forms required to be available by CAT.GEN.MPA.180 are on board;
- (5) current maps, charts and associated documentation or equivalent data are available to cover the intended operation of the aircraft including any diversion that may reasonably be expected;
- (6) space-based facilities, ground facilities and services that are required for the planned flight are available and adequate;
- (7) the provisions specified in the operations manual in respect of fuel/energy, oil, oxygen, minimum safe altitudes, aerodrome operating minima and availability of alternate aerodromes, where required, can be complied with for the planned flight;
- (7a) any navigational database required for performance-based navigation is suitable and current; and
- (8) any additional operational limitation can be complied with.
- (c)Notwithstanding (a), an operational flight plan is not required for operations under VFR of:
- (1) other-than complex motor-powered aeroplane taking off and landing at the same aerodrome or operating site; or
- (2) helicopters with an MCTOM of 3 175 kg or less, by day and over routes navigated by reference to visual landmarks in a local area as specified in the operations manual.
CAT.OP.MPA.177 Submission of the ATS flight plan
- (a) If an air traffic services (ATS) flight plan is not submitted because it is not required by the rules of the air, adequate information shall be deposited in order to permit alerting services to be activated if required.
- (b) When operating from a site where it is impossible to submit an ATS flight plan, the ATS flight plan shall be transmitted as soon as possible after take-off by the commander or the operator.
CAT.OP.MPA.180 Fuel/energy scheme – aeroplanes
- (a) The operator shall establish, implement, and maintain a fuel/energy scheme that:
- (1) is appropriate for the type(s) of operation performed;
- (2) corresponds to the capability of the operator to support its implementation; and
- (3) is either:
- (i) a basic fuel/energy scheme, which shall form the basis for a basic fuel/energy scheme with variations and an individual fuel/energy scheme; the basic fuel/energy scheme derives from a large-scale analysis of safety and operational data from previous performance and experience of the industry, applying scientific principles; the basic fuel/energy scheme shall ensure, in this order, a safe, effective, and efficient operation of the aircraft; or
- (ii) a basic fuel/energy scheme with variations, which is a basic fuel/energy scheme where the analysis referred to in point (i) is used to establish a variation to the basic fuel/energy scheme that ensures, in this order, a safe, effective, and efficient operation of the aircraft; or
- (iii) an individual fuel/energy scheme, which derives from a comparative analysis of the operator’s safety and operational data, applying scientific principles; the analysis is used to establish a fuel/energy scheme with a higher or equivalent level of safety to that of the basic fuel/energy scheme that ensures, in this order, a safe, effective, and efficient operation of the aircraft.
- (b) All fuel/energy schemes shall comprise:
- (1) a fuel/energy planning and in-flight re-planning policy;
- (2) an aerodrome selection policy; and
- (3) an in-flight fuel/energy management policy.
- (c) The fuel/energy scheme and any change to it shall require prior approval by the competent authority.
- (d) When the operator intends to apply for an individual fuel/energy scheme, it shall:
- (1) establish a baseline safety performance of its current fuel/energy scheme;
- (2) demonstrate its capability to support the implementation of the proposed individual fuel/energy scheme, including the capability to exercise adequate operational control and to ensure exchange of the relevant safety information between the operational control personnel and the flight crew; and
- (3) make a safety risk assessment that demonstrates how an equivalent level of safety to that of the current fuel/energy scheme is achieved.
CAT.OP.MPA.181 Fuel/energy scheme – fuel/energy planning and in-flight re-planning policy – aeroplanes
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