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- Point in Time (19/02/2015)
- Original (As adopted by EU)
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
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Version Superseded: 18/02/2016
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The competent authority shall be the authority designated by the Member State in which the operator has its principal place of business.
aeroplanes when they are power-driven by an engine; and
sailplanes when operated without using an engine.
Textual Amendments
related to the safety of the aircraft and its occupants; and
specified in the instructions and procedures in the operations manual.
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;
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;
comply with the relevant requirements of the operator’s occurrence reporting schemes;
comply with all flight and duty time limitations (FTL) and rest requirements applicable to their activities;
when undertaking duties for more than one operator:
maintain his/her individual records regarding flight and duty times and rest periods as referred to in applicable FTL requirements; and
provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.
when under the influence of psychoactive substances or alcohol or when unfit due to injury, fatigue, medication, sickness or other similar causes;
until a reasonable time period has elapsed after deep water diving or following blood donation;
if applicable medical requirements are not fulfilled;
if he/she is in any doubt of being able to accomplish his/her assigned duties; or
if he/she knows or suspects that he/she is suffering from fatigue as referred to in 7.f of Annex IV to Regulation (EC) No 216/2008 or feels otherwise unfit, to the extent that the flight may be endangered.
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;
be responsible for the operation and safety of the aircraft:
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;
for helicopters, when the rotors are turning;
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;
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;
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;
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;
ensure that all passengers are briefed on the location of emergency exits and the location and use of relevant safety and emergency equipment;
ensure that all operational procedures and checklists are complied with in accordance with the operations manual;
not permit any crew member to perform any activity during critical phases of flight, except duties required for the safe operation of the aircraft;
ensure that flight recorders:
are not disabled or switched off during flight; and
in the event of an accident or an incident that is subject to mandatory reporting:
are not intentionally erased;
are deactivated immediately after the flight is completed; and
are reactivated only with the agreement of the investigating authority;
decide on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or the minimum equipment list (MEL);
ensure that the pre-flight inspection has been carried out in accordance with the requirements of Annex I (Part-M) to Regulation (EC) No 2042/2003;
be satisfied that relevant emergency equipment remains easily accessible for immediate use.
Whenever a potential bird hazard is observed, the commander shall inform the air traffic service (ATS) unit as soon as flight crew workload allows.
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.
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.
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:
are not confused by the passengers with operating cabin crew members;
do not occupy required cabin crew assigned stations;
do not impede operating cabin crew members in their duties.
The operator shall ensure that all crew members can communicate with each other in a common language.
The operator shall establish procedures for taxiing of aircraft in order to ensure safe operation and in order to enhance runway safety.]
Textual Amendments
The operator shall ensure that an aeroplane is only taxied on the movement area of an aerodrome if the person at the controls:
is an appropriately qualified pilot; or
has been designated by the operator and:
is trained to taxi the aircraft;
is trained to use the radio telephone;
has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures;
is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.
A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.
an operating crew member;
a representative of the competent or inspecting authority, if required to be there for the performance of his/her official duties; or
permitted by and carried in accordance with instructions contained in the operations manual.
admission to the flight crew compartment does not cause distraction or interference with the operation of the flight; and
all persons carried in the flight crew compartment are made familiar with the relevant safety procedures.
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.
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.
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 airworthiness code.
stowed in the aircraft in a place that is inaccessible to passengers during flight; and
in the case of firearms, unloaded.
stowed in the aircraft in a place that is inaccessible to passengers during flight; and
in the case of firearms or other weapons that can contain ammunition, unloaded.
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.
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:
for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods therein; or
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.
The operator shall take all reasonable measures to ensure that no person enters or is in an aircraft when under the influence of alcohol or drugs to the extent that the safety of the aircraft or its occupants is likely to be endangered.
The operator shall take all reasonable measures to ensure that no person recklessly or negligently acts or omits to act so as to:
endanger an aircraft or person therein; or
cause or permit an aircraft to endanger any person or property.
the aircraft flight manual (AFM), or equivalent document(s);
the original certificate of registration;
the original certificate of airworthiness (CofA);
the noise certificate, including an English translation, where one has been provided by the authority responsible for issuing the noise certificate;
[F3a certified true copy of the air operator certificate (AOC), including an English translation when the AOC has been issued in another language;
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;]
the original aircraft radio licence, if applicable;
the third party liability insurance certificate(s);
the journey log, or equivalent, for the aircraft;
the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EC) No 2042/2003;
details of the filed ATS flight plan, if applicable;
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;
procedures and visual signals information for use by intercepting and intercepted aircraft;
information concerning search and rescue services for the area of the intended flight, which shall be easily accessible in the flight crew compartment;
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;
the MEL;
appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;
appropriate meteorological information;
cargo and/or passenger manifests, if applicable;
mass and balance documentation;
the operational flight plan, if applicable;
notification of special categories of passenger (SCPs) and special loads, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
Textual Amendments
noise certificate;
aircraft radio licence;
journey log, or equivalent;
aircraft technical log;
NOTAMs and AIS briefing documentation;
meteorological information;
notification of SCPs and special loads, if applicable; and
mass and balance documentation.
Textual Amendments
information relevant to the flight and appropriate for the type of operation is preserved on the ground;
the information is retained until it has been duplicated at the place at which it will be stored; or, if this is impracticable
the same information is carried in a fireproof container in the aircraft.
a copy of the operational flight plan, where appropriate;
copies of the relevant part(s) of the aircraft technical log;
route-specific NOTAM documentation if specifically edited by the operator;
mass and balance documentation if required; and
special loads notification.
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.
CVR recordings shall only be used for purposes other than for the investigation of an accident or an incident subject to mandatory reporting, if all crew members and maintenance personnel concerned consent.
FDR recordings or data link recordings shall only be used for purposes other than for the investigation of an accident or an incident which is subject to mandatory reporting, if such records are:
used by the operator for airworthiness or maintenance purposes only; or
de-identified; or
disclosed under secure procedures.
they are not subject to the technical instructions in accordance with Part 1 of those instructions; or
they are carried by passengers or crew members, or are in baggage, in accordance with Part 8 of the technical instructions.
any dangerous goods accidents or incidents;
the discovery of undeclared or misdeclared dangerous goods in cargo or mail; or
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.
be responsible for the safety of all crew members and passengers on board, as soon as the commander arrives on board of the aircraft, until the commander leaves the aircraft at the end of the flight;
be responsible for the operation and safety of the aircraft:
for balloons, from the moment the inflating of the envelope is started until the envelope is deflated, unless the commander has delegated the responsibility to another qualified person during the filling phase until the commander arrives as specified in the operations manual (OM);
for sailplanes, from the moment the launch procedure is started until the sailplane comes to a rest at the end of the flight;
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;
have authority not to embark and to disembark any person that may represent a potential hazard to the safety of the aircraft or its occupants;
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;
ensure that all passengers have received a safety briefing;
ensure that all operational procedures and checklists are complied with in accordance with the operations manual;
ensure that the pre-flight inspection has been carried out in accordance with the requirements of Annex I (Part-M) to Regulation (EC) No 2042/2003;
be satisfied that relevant emergency equipment remains easily accessible for immediate use;
comply with the relevant requirements of the operator’s occurrence reporting schemes;
comply with all flight and duty time limitations (FTL) and rest requirements applicable to his/her activities;
when undertaking duties for more than one operator:
maintain his/her individual records regarding flight and duty times and rest periods as referred to in applicable FTL requirements; and
provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.
when under the influence of psychoactive substances or alcohol or when unfit due to injury, fatigue, medication, sickness or other similar causes;
until a reasonable time period has elapsed after deep water diving or following blood donation;
if applicable medical requirements are not fulfilled;
if he/she is in any doubt of being able to accomplish his/her assigned duties; or
if he/she knows or suspects that he/she is suffering from fatigue as referred to in 7.f of Annex IV to Regulation (EC) No 216/2008 or feels otherwise unfit, to the extent that the flight may be endangered.
be responsible for the pre-flight briefing of those persons assisting in the inflation and deflation of the envelope;
ensure that no person is smoking on board or within the direct vicinity of the balloon; and
ensure that persons assisting in the inflation and deflation of the envelope wear appropriate protective clothing.
when under the influence of psychoactive substances or alcohol;
when unfit due to injury, fatigue, medication, sickness or other similar causes; or
until a reasonable time period has elapsed after deep water diving or following blood donation.
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.
The operator shall ensure that all crew members can communicate with each other in a common language.
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.
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.
The operator shall take all reasonable measures to ensure that no person enters or is in an aircraft when under the influence of alcohol or drugs to the extent that the safety of the aircraft or its occupants is likely to be endangered.
The operator shall take all reasonable measures to ensure that no person recklessly or negligently acts or omits to act so as to:
endanger an aircraft or person therein or on the ground; or
cause or permit an aircraft to endanger any person or property.
the aircraft flight manual (AFM), or equivalent document(s);
the original certificate of registration;
the original certificate of airworthiness (CofA);
the noise certificate, if applicable;
a copy of the air operator certificate (AOC);
the operations specifications relevant to the aircraft type, issued with the AOC, if applicable;
the aircraft radio licence, if applicable;
the third party liability insurance certificate(s);
the journey log, or equivalent, for the aircraft;
the aircraft technical log, in accordance with Annex I (Part-M) to Regulation (EC) No 2042/2003, if applicable;
the MEL or CDL, if applicable;
details of the filed air traffic service (ATS) flight plan, if applicable;
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;
procedures and visual signals information for use by intercepting and intercepted aircraft;
information concerning search and rescue services for the area of the intended flight;
appropriate notices to airmen (NOTAMs) and aeronautical information service (AIS) briefing documentation;
appropriate meteorological information;
passenger manifests, if applicable;
for sailplanes, mass and balance documentation and for balloons, mass documentation;
the operational flight plan, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
take off and land at the same aerodrome or operating site; or
remain within a local area specified in the operations manual.
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.
they are not subject to the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Doc 9284-AN/905) in accordance with Part 1 of those Instructions; or
they are carried by passengers or crew members, or are in baggage, in accordance with Part 8 of the Technical Instructions.
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