Commission Implementing Regulation (EU) No 923/2012Show full title

CHAPTER 1 Protection of persons and property

SERA.3101 Negligent or reckless operation of aircraft

An aircraft shall not be operated in a negligent or reckless manner so as to endanger life or property of others.

SERA.3105 Minimum heights

Except when necessary for take-off or landing, or except by permission from the competent authority, aircraft shall not be flown over the congested areas of cities, towns or settlements or over an open-air assembly of persons, unless at such a height as will permit, in the event of an emergency arising, a landing to be made without undue hazard to persons or property on the surface. The minimum heights for VFR flights shall be those specified in SERA.5005(f) and minimum levels for IFR flights shall be those specified in SERA.5015(b).

SERA.3110 Cruising levels

The cruising levels at which a flight or a portion of a flight is to be conducted shall be in terms of:

(a)

flight levels, for flights at or above the lowest usable flight level or, where applicable, above the transition altitude;

(b)

altitudes, for flights below the lowest usable flight level or, where applicable, at or below the transition altitude.

SERA.3115 Dropping or spraying

Dropping or spraying from an aircraft in flight shall only be conducted in accordance with:

(a)

Union legislation or, where applicable, national legislation for aircraft operations regulated by Member States; and

(b)

as indicated by any relevant information, advice and/or clearance from the appropriate air traffic services unit.

SERA.3120 Towing

An aircraft or other object shall only be towed by an aircraft in accordance with:

(a)

Union legislation or, where applicable, national legislation for aircraft operations regulated by Member States; and

(b)

as indicated by any relevant information, advice and/or clearance from the appropriate air traffic services unit.

SERA.3125 Parachute descents

Parachute descents, other than emergency descents, shall only be made in accordance with:

(a)

Union legislation or, where applicable, national legislation for aircraft operations regulated by Member States; and

(b)

as indicated by any relevant information, advice and/or clearance from the appropriate air traffic services unit.

SERA.3130 Aerobatic flight

Aerobatic flights shall only be carried out in accordance with:

(a)

Union legislation or, where applicable, national legislation for aircraft operations regulated by Member States; and

(b)

as indicated by any relevant information, advice and/or clearance from the appropriate air traffic services unit.

SERA.3135 Formation flights

Aircraft shall not be flown in formation except by pre-arrangement among the pilots-in-command of the aircraft taking part in the flight and, for formation flight in controlled airspace, in accordance with the conditions prescribed by the competent authority. These conditions shall include the following:

(a)

one of the pilots-in-command shall be designated as the flight leader;

(b)

the formation operates as a single aircraft with regard to navigation and position reporting;

(c)

separation between aircraft in the flight shall be the responsibility of the flight leader and the pilots-in-command of the other aircraft in the flight and shall include periods of transition when aircraft are manoeuvring to attain their own separation within the formation and during join-up and breakaway; and

(d)

for State aircraft a maximum lateral, longitudinal and vertical distance between each aircraft and the flight leader in accordance with the Chicago Convention. For other than State aircraft a distance not exceeding 1 km (0,5 nm) laterally and longitudinally and 30 m (100 ft) vertically from the flight leader shall be maintained by each aircraft.

SERA.3140 Unmanned free balloons

An unmanned free balloon shall be operated in such a manner as to minimise hazards to persons, property or other aircraft and in accordance with the conditions specified in Appendix 2.

SERA.3145 Prohibited areas and restricted areas

Aircraft shall not be flown in a prohibited area, or in a restricted area, the particulars of which have been duly published, except in accordance with the conditions of the restrictions or by permission of the Member State over whose territory the areas are established.