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Commission Regulation (EC) No 8/2008Show full title

Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (Text with EEA relevance)

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Appendix 1 to OPS 1.005(a)Operations of performance class B aeroplanes

(a)

Terminology:

(1)

A to A operations — Take-off and landing are made at the same place.

(2)

A to B operations — Take-off and landing are made at different places.

(3)

Night — The hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise, as may be prescribed by the appropriate authority.

(b)

Operations, to which this Appendix is applicable, may be conducted in accordance with the following alleviations.

(1)

OPS 1.035 quality system: In the case of a very small operator, the post of Quality Manager may be held by a nominated postholder if external auditors are used. This applies also where the accountable manager is holding one or several of the nominated posts.

(2)

Reserved

(3)

OPS 1.075 Methods of carriage of persons: Not required for VFR operations of single engine aeroplanes.

(4)

OPS 1.100 Admission to the flight deck:

(i)

An operator must establish rules for the carriage of passengers in a pilot seat.

(ii)

The commander must ensure that:

(A)

Carriage of passengers in a pilot seat does not cause distraction and/or interference with the operation of the flight; and

(B)

The passenger occupying a pilot seat is made familiar with the relevant restrictions and safety procedures.

(5)

OPS 1.105 Unauthorised Carriage: Not required for VFR operations of single engine aeroplanes.

(6)

OPS 1.135 Additional information and forms to be carried:

(i)

For A to A VFR operations of single engine aeroplanes by day, the following documents need not be carried:

(A)

Operational Flight Plan;

(B)

Aeroplane Technical Log;

(C)

NOTAM/AIS briefing documentation;

(D)

Meteorological Information;

(E)

Notification of special categories of passengers … etc.; and

(F)

Notification of special loads including dangerous goods … etc.

(ii)

For A to B VFR operations of single engine aeroplanes by day, notification of special categories of passengers as described in OPS 1.135 (a)(7) does not need to be carried.

(iii)

For A to B VFR operations by day, the Operational Flight Plan may be in a simplified form and must meet the needs of the type of operation.

(7)

OPS 1.215 Use of Air Traffic Services: For VFR operations of single engine aeroplanes by day, non mandatory contact with ATS shall be maintained to the extent appropriate to the nature of the operation. Search and rescue services must be ensured in accordance with OPS 1.300.

(8)

OPS 1.225 Aerodrome Operating Minima: For VFR operations, the standard VFR operating minima will normally cover this requirement. Where necessary, the operator shall specify additional requirements taking into account such factors as radio coverage, terrain, nature of sites for take-off and landing, flight conditions and ATS capacity

(9)

OPS 1.235 Noise abatement procedures: Not applicable to VFR operations of single engine aeroplanes.

(10)

OPS 1.240 Routes and Areas of Operation:

Subparagraph (a)(1) is not applicable to A to A VFR operations of single engine aeroplanes by day.

(11)

OPS 1.250 Establishment of minimum flight altitudes:

For VFR operations by day, this requirement is applicable as follows. An operator shall ensure that operations are only conducted along such routes or within such areas for which a safe terrain clearance can be maintained and shall take account of such factors as temperature, terrain, unfavourable meteorological conditions (e.g. severe turbulence and descending air currents, corrections for temperature and pressure variations from standard values).

(12)

OPS 1.255 Fuel Policy:

(i)

For A to A Flights — An operator shall specify the minimum fuel contents at which a flight must end. This minimum, final reserve, fuel must not be less than the amount needed to fly for a period of 45 minutes.

(ii)

For A to B Flights — An operator shall ensure that the pre-flight calculation of usable fuel required for a flight includes;

(A)

Taxi fuel — Fuel consumed before take-off, if significant; and

(B)

Trip fuel (Fuel to reach the destination); and

(C)

Reserve fuel –

(1)

Contingency fuel —

Fuel that is not less than 5 % of the planned trip fuel or, in the event of in-flight replanning, 5 % of the trip fuel for the remainder of the flight; and

(2)

Final reserve fuel —

Fuel to fly for an additional period of 45 minutes (piston engines) or 30 minutes (turbine engines); and

(D)

Alternate fuel —

Fuel to reach the destination alternate via the destination, if a destination alternate is required; and

(E)

Extra fuel —

Fuel that the commander may require in addition to that required under subparagraphs (A)-(D) above.

(13)

OPS 1.265 Carriage of inadmissible passengers, deportees or persons in custody: For VFR operations of single engine aeroplanes and where it is not intended to carry inadmissible passengers, deportees or persons in custody, an operator is not required to establish procedures for the carriage of such passengers.

(14)

OPS 1.280 Passenger Seating: Not Applicable to VFR operations of single engine aeroplanes.

(15)

OPS 1.285 Passenger Briefing: Demonstration and briefing shall be given as appropriate to the kind of operations. In single pilot operations, the pilot may not be allocated tasks distracting him/her from his/her flying duties.

(16)

OPS 1.290 Flight Preparation:

(i)

Operational Flight Plan for A to A operations — Not Required.

(ii)

A to B operations under VFR by day — An operator shall ensure that a simplified form of an operational flight plan which is relevant to the type of operation is completed for each flight.

(17)

OPS 1.295 Selection of aerodromes: Not applicable to VFR operations. The necessary instructions for the use of aerodromes and sites for take-off and landing are to be issued with reference to OPS 1.220.

(18)

OPS 1.310 Crew members at stations:

For VFR operations, instructions on this matter are required only where two pilot operations are conducted.

(19)

OPS 1.375 In-flight fuel management:

Appendix 1 to OPS 1.375 is not required to be applied to VFR operations of single engine aeroplanes by day.

(20)

OPS 1.405 Commencement and continuation of approach:

Not applicable to VFR operations.

(21)

OPS 1.410 Operating procedures — threshold crossing height:

Not applicable to VFR operations.

(22)

OPS 1.430 to 1.460, including appendices:

Not applicable to VFR operations.

(23)

OPS 1.530 Take-off:

(i)

Subparagraph (a) applies with the following addition. The Authority may, on a case-by-case basis, accept other performance data produced by the operator and based on demonstration and/or documented experience. Subparagraphs (b) and (c) apply with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

(ii)

An operator wishing to conduct operations according to subparagraph (i) must have the prior approval of the Authority issuing the AOC. Such an approval will:

(A)

Specify the type of aeroplane;

(B)

Specify the type of operation;

(C)

Specify the aerodrome(s) and runways concerned;

(D)

Restrict the take-off to be conducted under VMC;

(E)

Specify the crew qualification, and

(F)

Be limited to aeroplanes where the first type certificate was first issued before 1 January 2005.

(iii)

The operation must be accepted by the State in which the aerodrome is located.

(24)

OPS 1.535 Take-off Obstacle Clearance — Multi-Engined aeroplanes:

(i)

Subparagraphs (a)(3), (a)(4), (a)(5), (b)(2), (c)(1), (c)(2) and the Appendix are not applicable to VFR operations by day.

(ii)

For IFR or VFR operations by day, subparagraphs (b) and (c) apply with the following variations.

(A)

Visual course guidance is considered available when the flight visibility is 1 500 m or more

(B)

The maximum corridor width required is 300 m when flight visibility is 1 500 m or more.

(25)

OPS 1.545 Landing — Destination and Alternate Aerodromes:

(i)

The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

(ii)

An operator wishing to conduct operations according to subparagraph (I) must have prior approval of the Authority issuing the AOC. Such an approval will:

(A)

Specify the type of aeroplane;

(B)

Specify the type of operation;

(C)

Specify the aerodrome(s) and runways concerned;

(D)

Restrict the final approach and landing to be conducted under VMC;

(E)

Specify the crew qualification, and

(F)

Be limited to aeroplanes where the type certificate was first issued before 1 January 2005.

(iii)

The operation must be accepted by the State in which the aerodrome is located.

(26)

OPS 1.550 Landing — Dry Runways:

(i)

The paragraph applies with the following addition. Where the requirements of this paragraph cannot be complied with due to physical limitations relating to extending the runway and there is a clear public interest and operational necessity for the operation, the Authority may accept, on a case-by-case basis, other performance data, not conflicting with the Aeroplane Flight Manual relating to special procedures, produced by the operator based on demonstration and/or documented experience.

(ii)

An operator wishing to conduct operations according to subparagraph (i) must have prior approval of the Authority issuing the AOC. Such an approval will:

(A)

Specify the type of aeroplane;

(B)

Specify the type of operation;

(C)

Specify the aerodrome(s) and runways concerned;

(D)

Restrict the final approach and landing to be conducted under VMC;

(E)

Specify the crew qualification; and

(F)

Be limited to aeroplanes where the first type certificate was issued before 1 January 2005.

(iii)

The operation must be accepted by the State in which the aerodrome is located.

(27)

Reserved.

(28)

OPS 1.650 Day VFR operations:

Paragraph 1.650 is applicable with the following addition. Single engine aeroplanes, first issued with an individual certificate of airworthiness before 22 May 1995, may be exempted from the requirements of subparagraphs (f), (g), (h) and (i) by the Authority if the fulfilment would require retrofitting.

(29)

Part M, paragraph M.A.704, Continuing Airworthiness Management Exposition

The Continuing Airworthiness Management Exposition may be adapted to the operation to be conducted;

(30)

Part M, paragraph M. A. 306, Operator's technical log system:

The Authority may approve an abbreviated form of Technical Log System, relevant to the type of operation conducted.

(31)

OPS 1.940 Composition of Flight Crew:

Subparagraphs (a)(2), (a)(4), and (b) are not applicable to VFR operations by day, except that (a)(4) must be applied in full where 2 pilots are required by OPS 1.

(32)

OPS 1.945 Conversion training and checking:

(i)

Subparagraph (a)(7) — Line flying under supervision (LIFUS) may be performed on any aeroplane within the applicable class. The amount of LIFUS required is dependent on the complexity of the operations to be performed.

(ii)

Subparagraph (a)(8) is not required.

(33)

OPS 1.955 Nomination as commander:

Subparagraph (b) applies as follows. The Authority may accept an abbreviated command course relevant to the type of operation conducted.

(34)

OPS 1.960 Commanders holding a Commercial Pilot Licence

Subparagraph (a)(1)(i) is not applicable to VFR operations by day.

(35)

OPS 1.965 Recurrent training and checking:

(i)

Subparagraph (a)(1) shall be applied as follows for VFR operations by day. All training and checking shall be relevant to the type of operation and class of aeroplane on which the flight crew member operates with due account taken of any specialised equipment used.

(ii)

Subparagraph (a)(3(ii) applies as follows. Training in the aeroplane may be conducted by a Class Rating Examiner (CRE), a Flight Examiner (FE) or a Type Rating Examiner (TRE).

(iii)

Subparagraph (a)(4)(i) applies as follows. Operator proficiency check may be conducted by a Type Rating Examiner (TRE), Class Rating Examiner (CRE) or by a suitably qualified commander nominated by the operator and acceptable to the Authority, trained in CRM concepts and the assessment of CRM skills.

(iv)

Subparagraph (b)(2) shall be applicable as follows for VFR operations by day. In those cases where the operations are conducted during seasons not longer than 8 consecutive months, 1 operator proficiency check is sufficient. This proficiency check must be undertaken before commencing commercial air transport operations.

(36)

OPS 1.968 Pilot qualification for either pilot's seat:

Appendix 1 is not applicable to VFR operations of single engine aeroplanes by day.

(37)

OPS 1.975 Route and Aerodrome Competence:

(i)

For VFR operations by day, subparagraphs (b), (c) and (d) are not applicable, except that the operator shall ensure that in the cases where a special approval by the state of the aerodrome is required, the associated requirements are observed.

(ii)

For IFR operations or VFR operations by night, as an alternative to subparagraphs (b)-(d), route and aerodrome competence may be revalidated as follows:

(A)

Except for operations to the most demanding aerodromes, by completion of at least 10 sectors within the area of operation during the preceding 12 months in addition to any required self briefing.

(B)

Operations to the most demanding aerodromes may be performed only if:

(1)

The commander has been qualified at the aerodrome within the preceding 36 months by a visit as an operating flight crew member or as an observer;

(2)

The approach is performed in VMC from the applicable minimum sector altitude; and

(3)

An adequate self briefing has been made prior to the flight

(38)

OPS 1.980 More than one type or variant:

(i)

Not applicable if operations are limited to single pilot classes of piston engine aeroplanes under VFR by day.

(ii)

For IFR and VFR Night Operations, the requirement in Appendix 1 to OPS 1.980, subparagraph (d)(2)(i) for 500 hours in the relevant crew position before exercising the privileges of 2 licence endorsements, is reduced to 100 hours or sectors if one of the endorsements is related to a class. A check flight must be completed before the pilot is released for duties as Commander.

(39)

OPS 1.981 Operation of helicopters and aeroplanes:

Subparagraph (a)(1) is not applicable if operations are limited to single pilot classes of piston engine aeroplanes.

(40)

Reserved.

(41)

OPS 1.1060 Operational flight plan:

Not required for A to A VFR/Day operations. For A to B VFR/Day operations the requirement is applicable but the flight plan may be in a simplified form relevant to the kind of operations conducted. (cf. OPS 1.135).

(42)

OPS 1.1070 Continuing Airworthiness Management Exposition

The Continuing Airworthiness Management Exposition may be adapted to the operation to be conducted.

(43)

OPS 1.1071 Aeroplane technical log:

Applicable as indicated for Part M, paragraph M. A. 306 Operators technical log system.

(44)

Reserved.

(45)

Reserved.

(46)

OPS 1.1240 Training programmes:

The training programmes shall be adapted to the kind of operations performed. A self-study training programme may be acceptable for VFR operations.

(47)

OPS 1.1250 Aeroplane search procedure checklist:

Not applicable for VFR operations by day.

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