The Aviation Safety (Amendment) Regulations 2024

Amendment of Annex 1 to Commission Regulation (EU) No 1178/2011

16.—(1) Annex 1 (part-FCL) is amended as follows.

(2) In point FCL.010 (definitions)—

(a) for the definition of ‘Multi-pilot operation’ substitute—

“‘Multi-pilot operation’ means an operation requiring at least two pilots using multi- crew cooperation in either a multi-pilot or a single-pilot aircraft.”;

(b) for the definition of ‘Multi-pilot aircraft’ substitute—

“‘Multi-pilot aircraft’:

for aeroplanes means aeroplanes certified for operation with a minimum crew of at least two pilots;

for helicopters, airships and powered-lift aircraft means an aircraft which is certified for operation by at least two pilots or which is required to be operated with at least two pilots in accordance with Regulation (EU) No965/2012.”;

(c) for the definition of ‘Single-pilot aircraft’ substitute—

“‘Single-pilot aircraft’:

for aeroplanes means an aircraft certified for operation by one pilot;

for helicopters, airships and powered-lift aircraft means an aircraft which is certified for operation by one pilot and which is not required to be operated with at least two pilots in accordance with Regulation (EU) No965/2012.”;

(d) after the definition of ‘Cruise relief co-pilot’ insert—

“‘Decision height’ (‘DH’) means a specified height in a 3D instrument approach operation at which a missed approach procedure must be initiated if the required visual reference to continue the approach has not been established.”;

(e) after the definition of ‘Helicopter’ insert—

“‘Instrument approach operation’ means an approach and landing using instruments for navigation guidance based on an IAP and is either:

(a)

a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; or

(b)

a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance.

‘Instrument approach procedure (IAP)’ means a series of pre-determined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and, after that, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply.”;

(f) after the definition of ‘Mixed EBT Programme’ insert—

“‘Multi-engine centreline thrust aeroplane’ means a type of aircraft which typically has two engines mounted on the fuselage in a push/pull configuration.”;

(g) after the definition of ‘Renewal’ insert—

“‘Required visual reference’ means that section of the visual aids or of the approach area which should have been in view for sufficient time for the pilot to have made an assessment of the aircraft position and rate of change of position, in relation to the desired flight path. In Category III operations with a DH, the required visual reference is that specified for the particular procedure and operation;”.

(3) In point FCL.510.H (ATPL(H) -prerequisites, experience and crediting)—

(a) for point (a) substitute—

“(a) hold a CPL(H);

(aa) have received instruction in MCC in accordance with point FCL.735.H;”;

(b) after point (d) insert—

“(e) The instruction requirement at point (aa) may as an alternative be met by ATPL(H) applicants:

(1) demonstrating compliance with point FCL.720.H(a)(2)(ii); and

(2) receiving training at an ATO and successfully completing a training course which meets the requirements set out at point FCL.735.H.”.

(4) For point FCL.605.IR (privileges)substitute—

“FCL.605.IR Privileges

(a) Holders of an IR may fly aircraft under IFR, including PBN operations, with a minimum decision height of:

(1) no less than 60m (200ft);

(2) less than 60m (200ft) provided that they are authorised to do so in accordance with Annex V (PART-SPA) to Regulation (EU) No965/2012.

(b) Holders of an IR must exercise their privileges in accordance with the conditions set out in Appendix 8 to this Annex.

(c) To exercise privileges as PIC under IFR in multi-pilot operation helicopters, holders of an IR(H) must have at least 70 hours of instrument time, of which up to 30 hours may be instrument ground time.”.

(5) In point FCL.620 IR (Skill Test)—

(a) in point (a) substitute “Annex” for “Part”;

(b) omit points (b) and (c).

(6) After the heading “Section 2 - Specific requirements for the aeroplane category” which follows point FCL.620 IR (Skill Test) insert—

“FCL.620.A IR(A) (Skill Test)

(a) A multi-engine IR(A) skill test must be taken in a multi-engine aeroplane.

(b) A single-engine IR(A) skill test must be taken in a single-engine aeroplane.

(c) A multi-engine centreline thrust aeroplane is considered a single-engine aeroplane for the purposes of this point.

(d) Applicants who have completed a skill test for a multi-engine IR(A) in a single-pilot multi-engine aeroplane for which a class rating is required are to be issued with a single-engine IR(A) for the single-engine aeroplane class or type ratings that they hold.”.

(7) For point FCL.630.H (IR(H)) - extension of privileges from single-engine to multi-engine helicopters) substitute—

“FCL.630.H IR(H) - extension of privileges from single-engine to multi-engine helicopters

Unless specified otherwise in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No748/2012 holders of an IR(H) who wish to extend their IR(H) privileges to further helicopter types must complete:

(a) a relevant type rating training course; and

(b) 2 hours of flight training at an ATO in the relevant type by sole reference to instruments according to IFR. This training may be carried out in an FFS or an FTD which appropriately represents the relevant type for IFR operation.”.

(8) After heading “Section 4 - Specific requirements for the airship category” insert—

“FCL.620.As IR(As) - Skill Test

For a multi-engine IR(As) the skill test must be taken in a multi-engine airship.

For a single-engine IR(As) the skill test must be taken in a single-engine airship.”.

(9) In point FCL.725 (requirements for the issue of class and type ratings), for point (d) substitute—

“(d) Single-pilot and multi-pilot operation

(1) A pilot who holds a type rating for an aircraft type with single-pilot or multi-pilot operation privileges is to be treated as having fulfilled the theoretical requirements when applying to add the other form of operation for the same aircraft type.

(2) Such a pilot must complete the additional flight training required for the other form of operation in the relevant aircraft type in accordance with Appendix 9 to this Annex unless specified in operational suitability data established in accordance with Annex I (Part 21) of Regulation (EU) No748/2012. This training must be completed at either:

(i) an ATO; or

(ii) an organisation to which Annex III (Part-ORO) to Regulation 965/2012 applies which is entitled to provide such training on the basis of either an approval or, in the case of single-pilot helicopters, a declaration.

(3) The form of operation must be entered in the pilot’s licence unless the privilege relates to single-pilot helicopters.

(4) In the case of single-pilot helicopters the following requirements apply:

(i) where a pilot completed a skill test or a proficiency check for a non-complex single-pilot type rating in multi-pilot operations only, their licence must be endorsed with a restriction to a multi-pilot operation type rating. This endorsement may be removed when the applicant completes a proficiency check that includes the necessary elements for single-pilot operation as specified in Appendix 9 to this Annex.

(ii) in all other cases the form of operation must not be entered in the licence and the pilot is entitled to exercise the privileges of the type rating:

(A) in single-pilot operation provided that the skill test or proficiency check was either:

(1) completed in single-pilot operation; or

(2) completed in multi-pilot operation and contained additional elements for single-pilot operation as specified in Appendix 9 to this Annex.

(B) in multi-pilot operation under the following conditions:

(1) the pilot meets the requirements of point FCL.720.H(a)(2);

(2) the privileges are exercised in accordance with Annex III (Part-ORO) to Regulation (EU) No965/2012 only; and

(3) the skill test or proficiency check was completed in multi-pilot operation.”.

(10) In point FCL.720.H (experience requirements and prerequisites for the issue of type ratings - helicopters)—

(a) in the introductory words, for “Part-21” substitute “Annex I (Part 21) to Regulation (EU) No748/2012,”;

(b) in point (a)—

(i) for the introductory words, substitute—

“Multi-pilot helicopters. An applicant for a type rating for a multi-pilot helicopter type must meet the following requirements before starting the type rating training course:”;

(ii) for point (2)(ii) substitute—

“(ii) have completed at least 500 hours of flight time as a pilot in multi-pilot operations in any aircraft category;”;

(iii) omit point (2)(iii);

(c) in point (b), for the introductory words, substitute—

“A graduate from an ATP(H)/IR, ATP(H), CPL(H)/IR or CPL/(H) integrated course who has not met the requirement set out in point (a)(1) may undertake the type rating training course for a multi-pilot helicopter type rating. On completion of that course the graduate must be issued with a type rating with privileges limiting the exercise of functions to that of a co-pilot only. The limitation must be removed once the pilot has complied with all of the following:”;

(d) in point (c), for the introductory words, substitute—

“Multi-engine helicopters. An applicant for a first type rating for a multi-engine helicopter must:”.

(11) In point FCL.905.TRI (TRI - privileges and conditions), in point (a)(5)—

(a) for point (ii) substitute—

“(ii) MCC training provided that the individual has completed 350 hours of flight time as a pilot in multi-pilot operations in any aircraft category;”;

(b) omit point (iii).

(12) Point FCL.910.TRI (TRI - restricted privileges) is amended as follows.

(a) for point (c)(2) substitute—

“(2) In order to extend the privileges of a TRI(H) to multi-pilot operations in the same type of single-pilot helicopters the licence holder must have:

(i) at least 350 hours of flight time as a pilot in multi-pilot operations in any aircraft category; or

(ii) at least 100 hours of flight time as a pilot in multi-pilot operations of the specific type within the last 2 years.”.

(b) after point (c)(2) insert—

“(3) Before the privileges of a TRI(H) are extended from single-pilot helicopters to multi-pilot helicopters the holder must meet the requirements of point FCL.915.TRI(d)(3).”.

(13) In point FCL.915.TRI (TRI- prerequisites), for point (d) substitute—

“(d) for TRI(H):

(1) for a TRI(H) certificate for single-pilot single-engine helicopters either:

(i) have completed 250 hours as a helicopter pilot or

(ii) hold a FI(H) certificate.

(2) for a TRI(H) certificate for single-pilot multi-engine helicopters either:

(i) have completed 500 hours as a helicopter pilot including 100 hours as PIC in single-pilot multi-engine helicopters or

(ii) hold an FI(H) certificate and have completed 100 hours of flight time as a multi-engine helicopter pilot.

(3) for a TRI(H) certificate for multi-pilot helicopters:

(i) have completed 1000 hours of flight time as a helicopter pilot; and

(ii) have completed 350 hours in multi-pilot operations in any aircraft category or 100 hours of flight time as a pilot in multi-pilot operations in the type for which the TRI(H) certificate is sought.

(4) holders of an FI(H) certificate must be fully credited towards the requirements of (1) and (2) in the relevant single-pilot helicopter;”.

(14) In point FCL.915.IRI (IRI - prerequisites), for point (b)(3) substitute—

“(3) when seeking privileges to provide training in multi-engine helicopters meet the requirements of points FCL.910.TRI(c)(1) and FCL.915.TRI(d)(2);”.

(15) In point FCL.905.SFI (SFI - privileges and conditions), for point (d)(2) substitute—

“(2) MCC training provided that they have at least 350 hours as a pilot in multi-pilot operations in any aircraft category.”.

(16) In point FCL.915.SFI (SFI - prerequisites)—

(a) for point (e)(2) substitute—

“(2) in the case of multi-pilot helicopters at least 1000 hours of flying experience as a helicopter pilot including at least 350 hours in multi-pilot operations in any aircraft category;”;

(b) after point (e)(4) insert—

“(5) in the case of single-pilot helicopters in multi-pilot operations completed at least 350 hours in multi-pilot operations in any aircraft category.”.

(17) In point FCL.915.MCCI (MCCI - prerequisites), in point (b)—

(a) in point (1), after “multi-pilot operations” insert “of which at least 350 hours is in the appropriate aircraft category;”;

(b) in point (2)—

(i) for “multi-crew operations” substitute “multi-pilot operations”;

(ii) for “in multi-pilot helicopters” substitute “is in helicopters”.

(18) In point FCL.1005.TRE (TRE - privileges and conditions), in point (b)(2) omit “, or for the extension of the IR(H) from single-engine helicopters to multi-engine helicopters,”.

(19) In point FCL.1010.TRE (TRE - prerequisites), for point (b)(6) substitute—

“(6) Before the privileges of a TRE(H) are extended from single-pilot operations to multi-pilot operations on the same type of helicopter the holder must have either:

(i) at least 100 hours in multi-pilot operations on this type; or

(ii) at least 350 hours in multi-pilot operations in any aircraft category.”.

(20) In point FCL.1010.SFE (SFE - prerequisites), in point (b) (SFE(H)), for points (3) and (4) substitute—

“(3) in the case of multi-pilot helicopters have at least 1000 hours of flight time as multi-pilot helicopter pilots;

(4) in the case of single-pilot helicopters in multi-pilot operations have completed at least 350 hours in multi-pilot operations in any aircraft category;

(5) for the initial issue of an SFE certificate have completed at least 50 hours of synthetic flight instruction as a TRI(H) or an SFI(H) on the applicable type.”.