LeX-Ray

Amending Council Regulation (EEC) No 392291 Harmonisation of Technical Requirements and Administrative Procedures in the Field of Civil Aviation Regulation

Article 1: Regulation (EEC) No 3922/91 is hereby amended as follows:

1
the following recital shall be inserted immediately after the ninth recital: ‘The application of provisions regarding flight and duty time limitations can result in significant disruption of rosters for undertakings the operating models of which are exclusively based on night-time operation. The Commission should, on the basis of evidence to be provided by the parties concerned, carry out an assessment and propose an adjustment of the provisions regarding flight and duty time limitations to take account of these special operating models.’;
2
the following recitals shall be inserted immediately after the tenth recital: ‘By 16 January 2009, the European Aviation Safety Agency should complete a scientific and medical evaluation of Subpart Q and, where relevant, of Subpart O of Annex III. On the basis of the results of this evaluation, and in accordance with the procedure referred to in Article 12(2), the Commission should, if necessary, draw up and submit proposals without delay to amend the relevant technical provisions. In the review of certain provisions referred to in Article 8a, the course towards further harmonisation of cabin crew training requirements hitherto adopted should be maintained, in order to facilitate the free movement of cabin crew personnel within the Community. In this context, the possibility of further harmonisation of cabin crew qualifications should be re-examined.’;
3
the last recital shall be replaced by the following recital: ‘The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( *1 ) ; ( *1 ) OJ L 184, 17.7.1999, p. 23 . Decision as amended by Decision 2006/512/EC ( OJ L 200, 22.7.2006, p. 11 ).’ "
4
Article 1 is hereby amended as follows:
a
paragraph 1 shall be replaced by the following:
b
the following paragraphs shall be added:
5
the following definition shall be added in Article 2:
‘i
“the Authority” in Annex III means the competent authority that has granted the air operator's certificate (AOC).’;
6
Article 3 shall be replaced by the following: ( *2 ) OJ L 315, 28.11.2003, p. 1 .’;"
7
Article 4(1) shall be replaced by the following:
8
Article 6 shall be replaced by the following:
9
Article 7 shall be replaced by the following:
10
Article 8 shall be replaced by the following:
11
the following Article shall be inserted: ( *3 ) OJ L 240, 7.9.2002, p. 1 . Regulation as last amended by Commission Regulation 2003/1701 ( OJ L 243, 27.9.2003, p. 5 ).’;"
12
Article 11(1) shall be replaced by the following:
13
Article 12 shall be replaced by the following:
14
the following Article shall be inserted:
15
the text appearing in the Annex to this Regulation shall be added as Annex III.

Article 2: This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Official Journal of the European Union
Without prejudice to the provisions of Article 11 of Regulation (EEC) No 3922/91, Annex III shall apply with effect from 16 July 2008.

Recital 1

Regulation (EEC) No 3922/91 ( 3 ) provides for common safety standards listed in Annex II to that Regulation with respect, in particular, to the design, manufacture, operation and maintenance of aircraft, as well as persons and organisations involved in those tasks. Those harmonised safety standards apply to all aircraft operated by Community operators, whether such aircraft are registered in a Member State or in a third country.

Recital 2

Article 4(1) of that Regulation requires the adoption of common technical requirements and administrative procedures, on the basis of Article 80(2) of the Treaty, for the fields that are not listed in Annex II to that Regulation.

Recital 3

Article 9 of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers ( 4 ) provides that the granting and validity at any time of an operating licence shall be dependent upon the possession of a valid air operator's certificate specifying the activities covered by the operating licence and complying with the criteria to be established in a prospective regulation. It is now appropriate to establish such criteria.

Recital 4

The Joint Aviation Authorities (JAA) have adopted a set of harmonised rules for commercial air transportation by aeroplane, called Joint Aviation Requirements for Commercial Air Transportation (Aeroplanes) (JAR-OPS 1), as amended. Those rules (Amendment 8 of 1 January 2005) provide for a minimum level of safety requirements and therefore constitute a good basis for Community legislation covering the operation of aeroplanes. Changes had to be made to JAR-OPS 1 in order to bring it into conformity with Community legislation and policies, account being taken of its numerous implications in the economic and social field. That new text cannot be introduced into Community law by simple reference to JAR-OPS 1 in Regulation (EEC) No 3922/91. A new Annex containing the common rules should therefore be added to that Regulation.

Recital 5

Air operators should be given sufficient flexibility to address unforeseen urgent operational circumstances, or operational needs of a limited duration, or to demonstrate that they can achieve an equivalent level of safety by means other than the application of the common rules set out in the Annex (hereinafter referred to as Annex III). Member States should therefore be empowered to grant exemptions or introduce variations to the common technical requirements and administrative procedures. Because such exemptions and variations could, in certain cases, undermine the common safety standards or create distortions on the market, their scope should be strictly limited and their grant should be subject to appropriate Community control. In that respect, the Commission should be empowered to take safeguard measures.

Recital 6

There exist well-identified cases where Member States should be permitted to adopt or maintain national provisions regarding flight and duty time limitations and rest requirements, provided that commonly established procedures are complied with and until Community rules based on scientific knowledge and best practices are established.

Recital 7

The aim of this Regulation is to provide harmonised safety standards of a high level, including in the field of flight and duty time limitations and rest periods. In some Member States collective labour agreements and/or legislation exists which provides for better conditions as regards flight and duty time limitations and as regards working conditions for cabin crew. Nothing in this Regulation should be interpreted as limiting the possibility of concluding or retaining such agreements. Member States are allowed to maintain legislation which contains provisions more favourable than those laid down in this Regulation.

Recital 8

The provisions of Regulation (EEC) No 3922/91 concerning the committee procedure should be adapted to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 5 ) .

Recital 9

The provisions of Regulation (EEC) No 3922/91 relating to its scope should be adapted to take account of Regulation 2002/1592 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency ( 6 ) , as well as its implementing rules established by Commission Regulation 2003/1702 of 24 September 2003 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 ( 7 ) , and Commission Regulation 2003/2042 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks ( 8 ) .

Recital 10

This Regulation, in particular the provisions on flight and duty time limitations and rest requirements as set out in Subpart Q of Annex III, takes into account the limits and minimum standards already established in AEA ( 9 ) . The limits set out in that Directive should always be respected for mobile workers in civil aviation. The provisions of Subpart Q of Annex III and other provisions approved pursuant to this Regulation should in no circumstances be broader and thereby provide those workers with less protection.

Recital 11

Member States should be able to continue to apply national provisions on flight and duty time limitations and rest requirements for crew members, provided that the limits established by such national provisions are below the maximum limits and above the minimum limits laid down in Subpart Q of Annex III.

Recital 12

Member States should be able to continue to apply national provisions on flight and duty time limitations and rest requirements for crew members in areas that are at present not covered by Subpart Q of Annex III, e.g. the maximum daily flight duty period for single pilot operations and emergency medical operations, provisions regarding the reduction of flight duty periods, or the augmentation of rest periods when crossing multiple time zones.

Recital 13

A scientific and medical evaluation of the provisions on flight and duty time limitations and rest requirements and, where relevant, of the provisions on cabin crews, should be made within a period of two years following the entry into force of this Regulation.

Recital 14

This Regulation should not affect the application of provisions on inspections as laid down in the 1944 Chicago Convention on International Civil Aviation and in STCAUCAD of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports ( 10 ) .

Recital 15

Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation.

Recital 16

Regulation (EEC) No 3922/91 should therefore be amended accordingly,

COMMON TECHNICAL REQUIREMENTS AND ADMINISTRATIVE PROCEDURES APPLICABLE TO COMMERCIAL TRANSPORTATION BY AIRCRAFT
CONTENTS
APPLICABILITY AND DEFINITIONS
OPS 1.001
Applicability
OPS Part 1 prescribes requirements applicable to the operation of any civil aeroplane for the purpose of commercial air transportation by any operator whose principal place of business and, if any, registered office is in a Member State, hereafter called operator. OPS 1 does not apply:
Definitions
GENERAL
OPS 1.005
General
Laws, regulations and procedures — operator's responsibilities
An operator must ensure that:
Common language
Minimum equipment lists — operator's responsibilities
Quality system
Accident prevention and flight safety programme
Crew members
Search and rescue information
An operator shall ensure that essential information pertinent to the intended flight concerning search and rescue services is easily accessible on the flight deck.
OPS 1.055
Information on emergency and survival equipment carried
An operator shall ensure that there are available for immediate communication to rescue coordination centres, lists containing information on the emergency and survival equipment carried on board all of his aeroplanes. The information shall include, as applicable, the number, colour and type of life-rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of emergency portable radio equipment.
OPS 1.060
Ditching
An operator shall not operate an aeroplane with an approved passenger seating configuration of more than 30 passengers on overwater flights at a distance from land suitable for making an emergency landing, greater than 120 minutes at cruising speed, or 400 nautical miles, whichever is the lesser, unless the aeroplane complies with the ditching requirements prescribed in the applicable airworthiness code.
OPS 1.065
Carriage of weapons of war and munitions of war
Carriage of sporting weapons and ammunition
Method of carriage of persons
An operator shall take all measures to ensure that no person is in any part of an aeroplane in flight which is not a part designed for the accommodation of persons unless temporary access has been granted by the commander to any part of the aeroplane:
Offering dangerous goods for transport by air
An operator shall take all reasonable measures to ensure that no person offers or accepts dangerous goods for transport by air unless the person has been trained and the goods are properly classified, documented, certificated, described, packaged, marked, labelled and in a fit condition for transport as required by the technical instructions and relevant Community legislation.
OPS 1.085
Crew responsibilities
Authority of the commander
An operator shall take all reasonable measures to ensure that all persons carried in the aeroplane obey all lawful commands given by the commander for the purpose of securing the safety of the aeroplane and of persons or property carried therein.
OPS 1.095
Authority to taxi an aeroplane
An operator shall take all reasonable steps to ensure that an aeroplane in his charge is not taxied on the movement area of an aerodrome by a person other than a flight crew member, unless that person, seated at the controls:
Admission to flight deck
Unauthorised carriage
An operator shall take all reasonable measures to ensure that no person secretes himself/herself or secretes cargo on board an aeroplane.
OPS 1.110
Portable electronic devices
An operator shall not permit any person to use, and take all reasonable measures to ensure that no person does use, on board an aeroplane a portable electronic device that can adversely affect the performance of the aeroplane's systems and equipment.
OPS 1.115
Alcohol and drugs
An operator shall not permit any person to enter or be in, and take all reasonable measures to ensure that no person enters or is in, an aeroplane when under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered.
OPS 1.120
Endangering safety
An operator shall take all reasonable measures to ensure that no person recklessly or negligently acts or omits to act:
Documents to be carried
Manuals to be carried
An operator shall ensure that:
Additional information and forms to be carried
Information retained on the ground
Power to inspect
An operator shall ensure that any person authorised by the Authority is permitted at any time to board and fly in any aeroplane operated in accordance with an AOC issued by that Authority and to enter and remain on the flight deck provided that the commander may refuse access to the flight deck if, in his/her opinion, the safety of the aeroplane would thereby be endangered.
OPS 1.150
Production of documentation and records
Preservation of documentation
An operator shall ensure that:
Preservation, production and use of flight recorder recordings
Leasing
Operations of performance class B aeroplanes
OPERATOR CERTIFICATION AND SUPERVISION
OPS 1.175
General rules for air operator certification
Note 1: Appendix 1 to this paragraph specifies the contents and conditions of the AOC. Note 1:
Note 2: Appendix 2 to this paragraph specifies the management and organisation requirements. Note 2:
Issue, variation and continued validity of an AOC
Administrative requirements
Contents and conditions of the air operator certificate
An AOC specifies the:
The management and organisation of an AOC holder
OPERATIONAL PROCEDURES
OPS 1.195
Operational control
An operator shall:
Operations manual
An operator shall provide an operations manual in accordance with Subpart P for the use and guidance of operations personnel.
OPS 1.205
Competence of operations personnel
An operator shall ensure that all personnel assigned to, or directly involved in, ground and flight operations are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole.
OPS 1.210
Establishment of procedures
Use of air traffic services
An operator shall ensure that air traffic services are used for all flights whenever available.
OPS 1.216
In-flight operational instructions
An operator shall ensure that his in-flight operational instructions involving a change to the air traffic flight plan shall, when practicable, be coordinated with the appropriate air traffic service unit before transmission to an aeroplane.
OPS 1.220
Authorisation of aerodromes by the operator
An operator shall only authorise use of aerodromes that are adequate for the type(s) of aeroplane and operation(s) concerned.
OPS 1.225
Aerodrome operating minima
Instrument departure and approach procedures
Noise abatement procedures
Routes and areas of operation
Operation in defined airspace with reduced vertical separation minima (RVSM)
An operator shall not operate an aeroplane in defined portions of airspace where, based on regional air navigation agreement, a vertical separation minimum of 300 m (1 000 ft) applies unless approved to do so by the Authority (RVSM approval) (see also OPS 1.872).
OPS 1.243
Operation in areas with specific navigation performance requirements
An operator shall not operate an aeroplane in defined areas, or a defined portion of specified airspace, based on regional air navigation agreements where minimum navigation performance specifications are prescribed unless approved to do so by the Authority (MNPS/RNP/RNAV approval) (see also OPS 1.865 (c)(2) and OPS 1.870).
OPS 1.245
Maximum distance from an adequate aerodrome for two-engined aeroplanes without an ETOPS approval
OPS 1.246
Extended range operations with two-engined aeroplanes (ETOPS)
Establishment of minimum flight altitudes
Fuel policy
Carriage of persons with reduced mobility
Carriage of inadmissible passengers, deportees or persons in custody
An operator shall establish procedures for the transportation of inadmissible passengers, deportees or persons in custody to ensure the safety of the aeroplane and its occupants. The commander must be notified when the abovementioned persons are to be carried on board.
OPS 1.270
Stowage of baggage and cargo
(See Appendix 1 to OPS 1.270) (See Appendix 1 to OPS 1.270)
Intentionally blank Intentionally blank
OPS 1.280
Passenger seating
An operator shall establish procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they may best assist and not hinder evacuation from the aeroplane.
OPS 1.285
Passenger briefing
An operator shall ensure that:
Flight preparation
Selection of aerodromes
Planning minima for IFR flights
Submission of ATS Flight Plan
An operator shall ensure that a flight is not commenced unless an ATS flight plan has been submitted, or adequate information has been deposited in order to permit alerting services to be activated if required.
OPS 1.305
Refuelling/defuelling with passengers embarking, on board or disembarking
(See Appendix 1 to OPS 1.305) (See Appendix 1 to OPS 1.305)
An operator shall ensure that no aeroplane is refuelled/defuelled with Avgas or wide cut type fuel (e.g. Jet-B or equivalent) or when a mixture of these types of fuel might occur, when passengers are embarking, on board or disembarking. In all other cases necessary precautions must be taken and the aeroplane must be properly manned by qualified personnel ready to initiate and direct an evacuation of the aeroplane by the most practical and expeditious means available.
OPS 1.307
Refuelling/defuelling with wide-cut fuel
An operator shall establish procedures for refuelling/defuelling with wide-cut fuel (e.g. Jet-B or equivalent) if this is required.
OPS 1.308
Push back and towing
Crew members at stations
Assisting means for emergency evacuation
An operator shall establish procedures to ensure that before taxiing, take-off and landing, and when safe and practicable to do so, an assisting means for emergency evacuation that deploys automatically, is armed.
OPS 1.320
Seats, safety belts and harnesses
Securing of passenger cabin and galley(s)
Accessibility of emergency equipment
The commander shall ensure that relevant emergency equipment remains easily accessible for immediate use.
OPS 1.335
Smoking on board
Meteorological conditions
Ice and other contaminants — ground procedures
Ice and other contaminants — flight procedures
Fuel and oil supply
A commander shall not commence a flight unless he/she is satisfied that the aeroplane carries at least the planned amount of fuel and oil to complete the flight safely, taking into account the expected operating conditions.
OPS 1.355
Take-off conditions
Before commencing take-off, a commander must satisfy himself/herself that, according to the information available to him/her, the weather at the aerodrome and the condition of the runway intended to be used should not prevent a safe take-off and departure.
OPS 1.360
Application of take-off minima
Before commencing take-off, a commander must satisfy himself/herself that the RVR or visibility in the take-off direction of the aeroplane is equal to or better than the applicable minimum.
OPS 1.365
Minimum flight altitudes
The commander or the pilot to whom conduct of the flight has been delegated shall not fly below specified minimum altitudes except when necessary for take-off or landing.
OPS 1.370
Simulated abnormal situations in flight
An operator shall establish procedures to ensure that abnormal or emergency situations requiring the application of part or all of abnormal or emergency procedures and simulation of IMC by artificial means are not simulated during commercial air transportation flights.
OPS 1.375
In-flight fuel management
(See Appendix 1 to OPS 1.375) (See Appendix 1 to OPS 1.375)
Intentionally blank Intentionally blank
OPS 1.385
Use of supplemental oxygen
A commander shall ensure that flight crew members engaged in performing duties essential to the safe operation of an aeroplane in flight use supplemental oxygen continuously whenever cabin altitude exceeds 10 000 ft for a period in excess of 30 minutes and whenever the cabin altitude exceeds 13 000 ft.
OPS 1.390
Cosmic radiation
Ground proximity detection
When undue proximity to the ground is detected by any flight crew member or by a ground proximity warning system, the commander or the pilot to whom conduct of the flight has been delegated shall ensure that corrective action is initiated immediately to establish safe flight conditions.
OPS 1.398
Use of airborne collision avoidance system (ACAS)
An operator shall establish procedures to ensure that:
Approach and landing conditions
Before commencing an approach to land, the commander must satisfy himself/herself that, according to the information available to him/her, the weather at the aerodrome and the condition of the runway intended to be used should not prevent a safe approach, landing or missed approach, having regard to the performance information contained in the operations manual.
OPS 1.405
Commencement and continuation of approach
OPS 1.410
Operating procedures — threshold crossing height
An operator must establish operational procedures designed to ensure that an aeroplane being used to conduct precision approaches crosses the threshold by a safe margin, with the aeroplane in the landing configuration and attitude.
OPS 1.415
Journey log
A commander shall ensure that the journey log is completed.
OPS 1.420
Occurrence reporting
Reserved Reserved
Appendix 1 to OPS 1.270
Stowage of baggage and cargo
Procedures established by an operator to ensure that hand baggage and cargo is adequately and securely stowed must take account of the following:
Re/defuelling with passengers embarking, on board or disembarking
An operator must establish operational procedures for re/defuelling with passengers embarking, on board or disembarking to ensure the following precautions are taken:
In-flight fuel management
ALL WEATHER OPERATIONS
OPS 1.430
Aerodrome operating minima — general
(See Appendix 1 to OPS 1.430) (See Appendix 1 to OPS 1.430)
Terminology
Terms used in this subpart have the following meaning:
Low visibility operations — general operating rules
(See Appendix 1 to OPS 1.440) (See Appendix 1 to OPS 1.440)
Low visibility operations — aerodrome considerations
Low visibility operations — training and qualifications
(See Appendix 1 to OPS 1.450) (See Appendix 1 to OPS 1.450)
An operator shall ensure that, prior to conducting low visibility take-off, Category II and III operations:
Low visibility operations — operating Procedures
(See Appendix 1 to OPS 1.455) (See Appendix 1 to OPS 1.455)
Low visibility operations — minimum equipment
VFR operating minima
(See Appendix 1 to OPS 1.465) (See Appendix 1 to OPS 1.465)
An operator shall ensure that:
Aerodrome operating minima
Aeroplane categories — All Weather Operations
Low visibility operations — general operating rules
Low visibility operations — training and qualifications
Low visibility operations — operating procedures
Minimum visibilities for VFR operations
Appendix 1 to OPS 1.465
Minimum Visibilities for VFR Operations Minimum Visibilities for VFR Operations
PERFORMANCE GENERAL
OPS 1.470
Applicability
General
Terminology
PERFORMANCE CLASS A
OPS 1.485
General
Take-off
Take-off obstacle clearance
En-route — one engine inoperative
En-route — aeroplanes with three or more engines, two engines inoperative
Landing — destination and alternate aerodromes
Landing — dry runways
Landing — wet and contaminated runways
Approval of increased bank angles
Steep approach procedures
Short landing operations
Airfield criteria for short landing operations
PERFORMANCE CLASS B
OPS 1.525
General
Take-off
Take-off obstacle clearance — multi-engined aeroplanes
En-route — multi-engined aeroplanes
En-route — single-engine aeroplanes
Landing — destination and alternate aerodromes
An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475(a) does not exceed the maximum landing mass specified for the altitude and the ambient temperature expected for the estimated time of landing at the destination and alternate aerodrome.
OPS 1.550
Landing — dry runway
Landing — wet and contaminated runways
General — take-off and landing climb
(The requirements of this Appendix are based on JAR–23.63 (c)(1) and JAR–23.63 (c)(2), effective 11 March 1994).
Take-off flight path — visual course guidance navigation
In order to allow visual course guidance navigation, an operator must ensure that the weather conditions prevailing at the time of operation, including ceiling and visibility, are such that the obstacle and/or ground reference points can be seen and identified. The operations manual must specify, for the aerodrome(s) concerned, the minimum weather conditions which enable the flight crew to continuously determine and maintain the correct flight path with respect to ground reference points, so as to provide a safe clearance with respect to obstructions and terrain as follows:
Steep approach procedures
Short landing operations
PERFORMANCE CLASS C
OPS 1.560
General
An operator shall ensure that, for determining compliance with the requirements of this subpart, the approved performance data in the aeroplane flight manual is supplemented, as necessary, with other Data acceptable to the Authority if the approved performance data in the aeroplane flight manual is insufficient.
OPS 1.565
Take-off
Take-off obstacle clearance
En-route — all engines operating
En-route — one engine inoperative
En-route — aeroplanes with three or more engines, two engines inoperative
Landing — destination and alternate aerodromes
An operator shall ensure that the landing mass of the aeroplane determined in accordance with OPS 1.475 (a) does not exceed the maximum landing mass specified in the aeroplane flight manual for the altitude and, if accounted for in the aeroplane flight manual, the ambient temperature expected for the estimated time of landing at the destination and alternate aerodrome.
OPS 1.595
Landing — dry runways
Landing — wet and contaminated runways
MASS AND BALANCE
OPS 1.605
General
(See Appendix 1 to OPS 1.605) (See Appendix 1 to OPS 1.605)
Terminology
Loading, mass and balance
An operator shall specify, in the operations manual, the principles and methods involved in the loading and in the mass and balance system that meet the requirements of OPS 1.605. This system must cover all types of intended operations.
OPS 1.615
Mass values for crew
Mass values for passengers and baggage
Mass and balance documentation
(See Appendix 1 to OPS 1.625) (See Appendix 1 to OPS 1.625)
Mass and balance — general
(See OPS 1.605) (See OPS 1.605)
Definition of the area for flights within the European region
For the purposes of OPS 1.620(f), flights within the European region, other than domestic flights, are flights conducted within the area bounded by rhumb lines between the following points:
Figure 1
European region
Appendix 1 to OPS 1.620(g)
Procedure for establishing revised standard mass values for passengers and baggage
Mass and balance documentation
INSTRUMENTS AND EQUIPMENT
OPS 1.630
General introduction
Circuit protection devices
An operator shall not operate an aeroplane in which fuses are used unless there are spare fuses available for use in flight equal to at least 10 % of the number of fuses of each rating or three of each rating whichever is the greater.
OPS 1.640
Aeroplane operating lights
An operator shall not operate an aeroplane unless it is equipped with:
Windshield wipers
An operator shall not operate an aeroplane with a maximum certificated take-off mass of more than 5 700 kg unless it is equipped at each pilot station with a windshield wiper or equivalent means to maintain a clear portion of the windshield during precipitation.
OPS 1.650
Day VFR operations — flight and navigational instruments and associated equipment
An operator shall not operate an aeroplane by day in accordance with visual flight rules (VFR) unless it is equipped with the flight and navigational instruments and associated equipment and, where applicable, under the conditions stated in the following subparagraphs:
IFR or night operations — flight and navigational instruments and associated equipment
An operator shall not operate an aeroplane in accordance with instrument flight rules (IFR) or by night in accordance with visual flight rules (VFR) unless it is equipped with the flight and navigational instruments and associated equipment and, where applicable, under the conditions stated in the following subparagraphs:
Additional equipment for single pilot operation under IFR or at night
An operator shall not conduct single pilot IFR operations unless the aeroplane is equipped with an autopilot with at least altitude hold and heading mode.
OPS 1.660
Altitude alerting system
Ground proximity warning system and terrain awareness warning system
Airborne Collision Avoidance System
An operator shall not operate a turbine powered aeroplane having a maximum certificated take-off mass in excess of 5 700 kg or a maximum approved passenger seating configuration of more than 19 unless it is equipped with an airborne collision avoidance system with a minimum performance level of at least ACAS II.
OPS 1.670
Airborne weather radar equipment
Equipment for operations in icing conditions
Cosmic radiation detection equipment
An operator shall ensure that aeroplanes intended to be operated above 15 000 m (49 000 ft) are equipped with an instrument to measure and indicate continuously the dose rate of total cosmic radiation being received (i.e. the total of ionising and neutron radiation of galactic and solar origin) and the cumulative dose on each flight.
OPS 1.685
Flight crew interphone system
An operator shall not operate an aeroplane on which a flight crew of more than one is required unless it is equipped with a flight crew interphone system, including headsets and microphones, not of a handheld type, for use by all members of the flight crew.
OPS 1.690
Crew member interphone system
Public address system
Cockpit voice recorders — 1
Cockpit voice recorders — 2
Cockpit voice recorders — 3
Flight data recorders — 1
(See Appendix 1 to OPS 1.715) (See Appendix 1 to OPS 1.715)
Flight data recorders — 2
(See Appendix 1 to OPS 1.720) (See Appendix 1 to OPS 1.720)
Flight data recorders — 3
(See Appendix 1 to OPS 1.725) (See Appendix 1 to OPS 1.725)
Combination recorder
Seats, seat safety belts, harnesses and child restraint devices
Fasten seat belt and no smoking signs
An operator shall not operate an aeroplane in which all passenger seats are not visible from the flight deck, unless it is equipped with a means of indicating to all passengers and cabin crew when seat belts shall be fastened and when smoking is not allowed.
OPS 1.735
Internal doors and curtains
An operator shall not operate an aeroplane unless the following equipment is installed:
First-aid kits
Emergency medical kit
First-aid oxygen
Supplemental oxygen — pressurised aeroplanes
(See Appendix 1 to OPS 1.770) (See Appendix 1 to OPS 1.770)
Supplemental oxygen — non-pressurised aeroplanes
(See Appendix 1 to OPS 1.775) (See Appendix 1 to OPS 1.775)
Crew protective breathing equipment
Hand fire extinguishers
An operator shall not operate an aeroplane unless hand fire extinguishers are provided for use in crew, passenger and, as applicable, cargo compartments and galleys in accordance with the following:
Crash axes and crowbars
Marking of break-in points
An operator shall ensure that, if designated areas of the fuselage suitable for break-in by rescue crews in emergency are marked on an aeroplane, such areas shall be marked as shown below. The colour of the markings shall be red or yellow, and if necessary they shall be outlined in white to contrast with the background. If the corner markings are more than 2 metres apart, intermediate lines 9 cm x 3 cm shall be inserted so that there is no more than 2 metres between adjacent marks.
OPS 1.805
Means for emergency evacuation
Megaphones
Emergency lighting
Automatic Emergency Locator Transmitter
Life jackets
Life-rafts and survival ELTs for extended overwater flights
Survival equipment
An operator shall not operate an aeroplane across areas in which search and rescue would be especially difficult unless it is equipped with the following:
Seaplanes and amphibians — miscellaneous equipment
Flight data recorders — 1 — List of parameters to be recorded
Table A1
Aeroplanes with a maximum certificated take-off mass of over 5 700 kg
Note: Thee number in the left hand column reflect the serial numbers depicted in EUROCAE document ED55. Note:
Aeroplanes with a maximum certificated take-off mass of 5 700 kg or below
Note: The number in the left hand column reflect the serial numbers depicted in EUROCAE document ED55. Note:
Additional parameters for aeroplanes with a maximum certificated take-off mass of over 27 000 kg
Note: The number in the left hand column reflect the serial numbers depicted in EUROCAE document ED55. Note:
Aeroplanes equipped with electronic display systems
Note: The number in the centre column reflect the serial numbers depicted in EUROCAE document ED55 table A1.5. Note:
Flight data recorders — 2 — List of parameters to be recorded
Table A —
Aeroplanes with a maximum certificated take-off mass of over 5 700 kg Aeroplanes with a maximum certificated take-off mass of over 5 700 kg
Table B
Additional parameters for aeroplanes with a maximum certificated take-off mass over 27 000 kg Additional parameters for aeroplanes with a maximum certificated take-off mass over 27 000 kg
Flight data recorders — 3 — List of parameters to be recorded
Table A
Aeroplanes with a maximum certificated take-off mass of over 5 700 kg Aeroplanes with a maximum certificated take-off mass of over 5 700 kg
Table B
Additional parameters for aeroplanes with a maximum certificated take-off mass of over 27 000 kg Additional parameters for aeroplanes with a maximum certificated take-off mass of over 27 000 kg
Oxygen — minimum requirements for supplemental oxygen for pressurised aeroplanes during and following emergency descent
Table 1
Supplemental oxygen for non-pressurised aeroplanes
Table 1
COMMUNICATION AND NAVIGATION EQUIPMENT
OPS 1.845
General introduction
Radio equipment
Audio selector panel
An operator shall not operate an aeroplane under IFR unless it is equipped with an audio selector panel accessible to each required flight crew member.
OPS 1.860
Radio equipment for operations under VFR over routes navigated by reference to visual landmarks
An operator shall not operate an aeroplane under VFR over routes that can be navigated by reference to visual landmarks, unless it is equipped with the radio communication equipment necessary under normal operating conditions to fulfil the following:
Communication and navigation equipment for operations under IFR, or under VFR over routes not navigated by reference to visual landmarks
Transponder equipment
Additional navigation equipment for operations in MNPS airspace
Equipment for operation in defined airspace with Reduced Vertical Separation Minima (RVSM)
AEROPLANE MAINTENANCE
OPS 1.875
General
FLIGHT CREW
OPS 1.940
Composition of flight crew
(See Appendices 1 & 2 to OPS 1.940) (See Appendices 1 & 2 to OPS 1.940)
Initial operator's crew resource management (CRM) training
Conversion training and checking
(See Appendix 1 to OPS 1.945) (See Appendix 1 to OPS 1.945)
Differences training and familiarisation training
Nomination as commander
Commanders holding a commercial pilot licence
Recurrent training and checking
(See Appendices 1 and 2 to OPS 1.965) (See Appendices 1 and 2 to OPS 1.965)
Pilot qualification to operate in either pilot's seat
(See Appendix 1 to OPS 1.968) (See Appendix 1 to OPS 1.968)
Recent experience
Route and aerodrome competence qualification
Advanced qualification programme
Operation on more than one type or variant
(See Appendix 1 to OPS 1.980) (See Appendix 1 to OPS 1.980)
Operation of helicopter and aeroplane
Training records
In-flight relief of flight crew members
Single pilot operations under IFR or at night
Operator's conversion course
Recurrent training and checking — pilots
Recurrent training and checking — system panel operators
Pilot qualification to operate in either pilot's seat
Operation on more than one type or variant
CABIN CREW
OPS 1.988
Applicability
An operator shall ensure that all cabin crew members comply with the requirements of this subpart and any other safety requirements applicable to cabin crew.
For the purpose of this Regulation, “cabin crew member” means any crew member, other than a flight crew member, who performs, in the interests of safety of passengers, duties assigned to him/her by the operator or the commander in the cabin of an aeroplane.
OPS 1.989
Identification
Number and composition of cabin crew
Minimum requirements
An operator shall ensure that each cabin crew member:
Senior cabin crew members
Single cabin crew member operations
Initial safety training
(See Appendix 1 to OPS 1.1005) (See Appendix 1 to OPS 1.1005)
Conversion and differences training
(See Appendix 1 to OPS 1.1010) (See Appendix 1 to OPS 1.1010)
Familiarisation
An operator shall ensure that, following completion of conversion training, each cabin crew member completes familiarisation prior to operating as one of the minimum number of cabin crew required by OPS 1.990.
OPS 1.1015
Recurrent training
(See Appendix 1 to OPS 1.1015) (See Appendix 1 to OPS 1.1015)
Refresher training
(See Appendix 1 to OPS 1.1020) (See Appendix 1 to OPS 1.1020)
Checking
Operation on more than one type or variant
Training records
An operator shall:
Initial safety training
The subjects that must be covered as a minimum by a course of initial safety training referred to in OPS 1.1005 are:
Conversion and differences training
Recurrent training
Refresher training
An operator shall ensure that refresher training is conducted by suitable qualified persons and, for each cabin crew member, includes at least the following:
Training
MANUALS, LOGS AND RECORDS
OPS 1.1040
General rules for operations manuals
Operations manual — structure and contents
(See Appendix 1 to OPS 1.1045) (See Appendix 1 to OPS 1.1045)
Aeroplane flight manual
An operator shall keep a current approved aeroplane flight manual or equivalent document for each aeroplane that it operates.
OPS 1.1055
Journey log
Operational flight plan
Document storage periods
An operator shall ensure that all records and all relevant operational and technical information for each individual flight, are stored for the periods prescribed in Appendix 1 to OPS 1.1065.
OPS 1.1070
Operator's continuing airworthiness management exposition
An operator shall keep a current approved continuing airworthiness e management exposition as prescribed in Part M, paragraph M.A.704.
OPS 1.1071
Aeroplane technical log
An operator shall keep an aeroplane technical log as prescribed in OPS 1.915.
Appendix 1 to OPS 1.1045
Operations manual contents
An operator shall ensure that the operations manual contains the following:
A. GENERAL/BASIC
0 ADMINISTRATION AND CONTROL OF OPERATIONS MANUAL
1. Introduction
1 ORGANISATION AND RESPONSIBILITIES
A description of the quality system adopted including at least:
1. Flight preparation instructions. As applicable to the operation:
Procedures for the handling, notifying and reporting occurrences. This section must include:
Rules of the air including:
A description of the operational arrangements for leasing, associated procedures and management responsibilities.
B AEROPLANE OPERATING MATTERS — TYPE RELATED
Taking account of the differences between types, and variants of types, under the following headings:
GENERAL INFORMATION AND UNITS OF MEASUREMENT
Instructions and data for the calculation of the mass and balance including:
Procedures and provisions for loading and securing the load in the aeroplane.
CONFIGURATION DEVIATION LIST
The configuration deviation list(s) (CDL), if provided by the manufacturer, taking account of the aeroplane types and variants operated including procedures to be followed when an aeroplane is being despatched under the terms of its CDL
MINIMUM EQUIPMENT LIST
The minimum equipment list (MEL) taking account of the aeroplane types and variants operated and the type(s)/area(s) of operation. The MEL must include the navigational equipment and take into account the required performance for the route and area of operation.
SURVIVAL AND EMERGENCY EQUIPMENT INCLUDING OXYGEN
A description of the aeroplane systems, related controls and indications and operating instructions.
C ROUTE AND AERODROME INSTRUCTIONS AND INFORMATION
Document storage periods
An operator shall ensure that the following information/documentation is stored in an acceptable form, accessible to the Authority, for the periods shown in the tables below.
Note: Additional information relating to maintenance records is prescribed in Part-M. Note:
Table 1
Information used for the preparation and execution of a flight Information used for the preparation and execution of a flight
Table 2
Reports Reports
Table 3
Flight crew records Flight crew records
Table 4
Cabin crew records Cabin crew records
Table 5
Records for other operations personnel Records for other operations personnel
Table 6
Other records Other records
FLIGHT AND DUTY TIME LIMITATIONS AND REST REQUIREMENTS
OPS 1.1090
Objective and scope
OPS 1.1095
Definitions
For the purposes of this Regulation, the following definitions shall apply:
Flight and duty limitations
Maximum daily flight duty period (FDP)
Rest
Extension of flight duty period due to in-flight rest
Unforeseen circumstances in actual flight operations — commander's discretion
Standby
Nutrition
A meal and drink opportunity must occur in order to avoid any detriment to a crew member's performance, especially when the FDP exceeds six hours.
OPS 1.1135
Flight duty, duty and rest period records
TRANSPORT OF DANGEROUS GOODS BY AIR
OPS 1.1150
Terminology
Approval to transport dangerous goods
An operator shall not transport dangerous goods unless approved to do so by the Authority.
OPS 1.1160
Scope
Limitations on the transport of dangerous goods
Classification
An operator shall take all reasonable measures to ensure that articles and substances are classified as dangerous goods as specified in the technical instructions.
OPS 1.1175
Packing
An operator shall take all reasonable measures to ensure that dangerous goods are packed as specified in the technical instructions.
OPS 1.1180
Labelling and marking
Dangerous goods transport document
Acceptance of dangerous goods
Inspection for damage, leakage or contamination
Removal of contamination
Loading restrictions
Provision of information
Training programmes
Dangerous goods incident and accident reports
SECURITY
OPS 1.1235
Security requirements
An operator shall ensure that all appropriate personnel are familiar, and comply, with the relevant requirements of the national security programmes of the State of the operator.
OPS 1.1240
Training programmes
An operator shall establish, maintain and conduct approved training programs which enable the operator's crew members to take appropriate action to prevent acts of unlawful interference such as sabotage or unlawful seizure of aeroplanes and to minimize the consequences of such events should they occur. The training programme shall be compatible with the National Aviation Security programme. Individual crew member shall have knowledge and competence of all relevant elements of the training programme.
OPS 1.1245
Reporting acts of unlawful interference
Following an act of unlawful interference on board an aeroplane the commander or, in his/her absence the operator, shall submit, without delay, a report of such an act to the designated local authority and the Authority in the State of the operator.
OPS1.1250
Aeroplane search procedure checklist
An operator shall ensure that there is on board a checklist of the procedures to be followed in search of a bomb or improvised explosive device (IED) in case of suspected sabotage and for inspecting aeroplanes for concealed weapons, explosives or other dangerous devices where a well founded suspicion exists that the aeroplane may be the object of an act of unlawful interference. The checklist shall be supported by guidance on the appropriate course of action to be taken should a bomb or suspicious object be found and information on the least-risk bomb location specific to the aeroplane where provided by the type certificate holder.
OPS 1.1255
Flight crew compartment security
( 2 ) OJ L 243, 27.9.2003, p. 6 .

( 1 ) OJ L 240, 24.8.1992, p. 1 .

Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 12 December 2006

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