Commission Regulation (EU) No 1321/2014Dangos y teitl llawn

Article 2 U.K. Definitions

Within the scope of Regulation (EC) No 216/2008, the following definitions shall apply:

(a)

‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth's surface;

(b)

‘certifying staff’ means personnel responsible for the release of an aircraft or a component after maintenance;

(c)

‘component’ means any engine, propeller, part or appliance;

(d)

‘continuing airworthiness’ means all of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation;

(e)

‘JAA’ means ‘Joint Aviation Authorities.’;

(f)

‘JAR’ means ‘Joint Aviation Requirements’;

(g)

[F1 ‘ commercial air transport (CAT) operation ’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration;]

(h)

‘maintenance’ means any one or combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

(i)

‘organisation’ means a natural person, a legal person or part of a legal person. Such an organisation may be established at more than one location whether or not within the territory of the [F2 United Kingdom];

(j)

‘pre-flight inspection’ means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;

(k)

‘ELA1 aircraft’ means the following manned European light aircraft:

(i)

an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;

(ii)

a sailplane or powered sailplane of 1 200 kg MTOM or less;

(iii)

a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m³ for hot air balloons, 1 050 m³ for gas balloons, 300 m³ for tethered gas balloons;

(iv)

an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m³ for hot air airships and 1 000 m³ for gas airships;

(ka)

[F3 ‘ ELA2 aircraft ’ means the following manned European Light Aircraft:

(i)

an aeroplane with a Maximum Take-off Mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft;

(ii)

a sailplane or powered sailplane of 2 000 kg MTOM or less;

(iii)

a balloon;

(iv)

a hot air ship;

(v)

a gas airship complying with all of the following characteristics:

• 3 % maximum static heaviness,

• non-vectored thrust (except reverse thrust),

• conventional and simple design of structure, control system and ballonet system, and

• non-power assisted controls;

(vi)

a Very Light Rotorcraft;]

(l)

‘LSA aircraft’ means a light sport aeroplane which has all of the following characteristics:

(i)

a Maximum Take-off Mass (MTOM) of not more than 600 kg;

(ii)

a maximum stalling speed in the landing configuration (VS0) of not more than 45 knots Calibrated Airspeed (CAS) at the aircraft's maximum certificated take-off mass and most critical centre of gravity;

(iii)

a maximum seating capacity of no more than two persons, including the pilot;

(iv)

a single, non-turbine engine fitted with a propeller;

(v)

a non-pressurised cabin;

(m)

‘principal place of business’ means the head office or the registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised[F1 ;]

(n)

[F4 ‘ critical maintenance task ’ means a maintenance task that involves the assembly or any disturbance of a system or any part on an aircraft, engine or propeller that, if an error occurred during its performance, could directly endanger the flight safety;

(o)

‘commercial specialised operations’ means those operations subject to the requirements of Part-ORO, Subpart-SPO set out in Annex III to Commission Regulation (EU) No 965/2012 (1) ;

(p)

‘ limited operations ’ means the operations of other-than-complex motor-powered aircraft for:

(i)

cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;

(ii)

competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the [F5 CAA];

(iii)

introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in [F6 the United Kingdom] and approved in accordance with Commission Regulation (EU) No 1178/2011 (2) , or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation;

For the purpose of this Regulation, ‘ limited operations ’ are not considered as CAT operations or commercial specialised operations;

(q)

‘ introductory flight ’ means ‘ introductory flight ’ as defined in Article 2(9) of Regulation (EU) No 965/2012;

(r)

‘ competition flight ’ means ‘ competition flight ’ as defined in Article 2(10) of Regulation (EU) No 965/2012;

(s)

‘ flying display ’ means ‘ flying display ’ as defined in Article 2(11) of Regulation (EU) No 965/2012.]

Textual Amendments

F1 Substituted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

F2 Words in Art. 2(i) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 238(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F3 Inserted by Commission Regulation (EU) 2015/1088 of 3 July 2015 amending Regulation (EU) No 1321/2014 as regards alleviations for maintenance procedures for general aviation aircraft.

F4 Inserted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).

F5 Word in Art. 2(p)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 238(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(p)(iii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 238(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(1)

[F4 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 ( OJ L 296, 25.10.2012, p. 1 ).]

(2)

[F4 Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council ( OJ L 311, 25.11.2011, p. 1 ).]

Textual Amendments

F4 Inserted by Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (Text with EEA relevance).