Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018 — Esheria

Statute

Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018

Legal Notice 97 of 2018 Country: Kenya As of: 11 May 2018 Status: In force Sections: 148
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Section 1

PRELIMINARY PROVISIONS - 1. Citation

Part I: PRELIMINARY PROVISIONS

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018.

Section 2

PRELIMINARY PROVISIONS - 2. Interpretation

Part I: PRELIMINARY PROVISIONS

Section 2. Interpretation Section " Take-off alternate " means an alternate heliport at which a helicopter would be able to land should this become necessary shortly after take-off and it is not possible to use the heliport of departure;

Section 3

GENERAL OPERATIONS REQUIREMENTS - 3. Compliance with laws, regulations and procedures

Part II: GENERAL OPERATIONS REQUIREMENTS

Section 3. Compliance with laws, regulations and procedures Section 3(1)(a) comply with the Kenyan laws, regulations and procedures; Section 3(1)(b) comply with the laws, regulations and procedures of any other State in which operations are conducted. Section 3(2) The operator shall ensure that all pilots are familiar with the laws, regulations and procedures, pertinent to the performance of their duties, prescribed for the areas to be traversed, the heliports to be used and the air navigation facilities relating thereto. Section 3(3) The operator shall ensure that other members of the flight crew are familiar with such of these regulations and procedures as are pertinent to the performance of their respective duties in the operation of the helicopter. Section 3(4) The operator or a designated representative shall have responsibility for operational control. Section 3(5) Responsibility for operational control shall be delegated only to the pilot-in-command and to a flight operations officer/flight dispatcher if the operator's approved method control and supervision of flight operations requires the use of flight operations officer/flight dispatcher personnel. Section 3(6) If an eme...

Section 4

GENERAL OPERATIONS REQUIREMENTS - 4. Compliance by a foreign operator with laws, regulations and procedures of a state

Part II: GENERAL OPERATIONS REQUIREMENTS

Section 4. Compliance by a foreign operator with laws, regulations and procedures of a state Section 4(1) When the Authority identifies a case of non-compliance or suspected non-compliance by a foreign operator with the laws, regulations and procedures applicable within Kenya, or a similar serious safety issue with that operator, the Authority shall immediately notify the operator and, if the issue warrants it, the State of the operator. Section 4(2) Where the State of Operator and the State of Registry are different, such notification referred to under subregulation (1) shall also be made to the State of Registry, if the issue falls within the responsibilities of that State and warrants a notification. Section 4(3) In the case of notification to States as specified in subregulation (1), if the issue and its resolution warrant it, the Authority shall engage in consultations with the State of operator and the State of Registry, as applicable, concerning the safety standards maintained by the operator.

Section 5

GENERAL OPERATIONS REQUIREMENTS - 5. Safety management

Part II: GENERAL OPERATIONS REQUIREMENTS

Section 5. Safety management Section 5(1) An operator shall not operate a helicopter of a certified take-off mass in excess of 7 000 kg or having a passenger seating configuration of more than 9 and fitted with a flight data recorder unless that person has established and maintained a flight data analysis programme, acceptable to the authority as part of its safety management system. Section 5(2) The operator may, with the approval of the Authority, contract the operation of a flight data analysis programme to another party while retaining overall responsibility for the maintenance of such a programme. Section 5(3) A flight data analysis programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data. Section 5(4) The operator shall establish a flight safety documents system, acceptable to the Authority, for the use and guidance of operational personnel, as part of its safety management system. Section 5(5) No person shall carry dangerous goods on board a helicopter unless the dangerous goods are carried in compliance with the provisions for carriage of dangerous goods contained in Civil Aviation (Air Operator Certification & Administration) Reg...

Section 6

GENERAL OPERATIONS REQUIREMENTS - 6. Dangerous goods

Part II: GENERAL OPERATIONS REQUIREMENTS

Section 6. Dangerous goods Section A person shall not carry dangerous goods on board a helicopter unless the dangerous goods are carried in compliance with the provisions for carriage of dangerous goods contained in Civil Aviation (Air Operator Certification & Administration) Regulations.

Section 7

GENERAL OPERATIONS REQUIREMENTS - 7. Use of Psychoactive substances

Part II: GENERAL OPERATIONS REQUIREMENTS

Section 7. Use of Psychoactive substances Section 7(1) A flight crew member shall not perform any function specified in the privileges applicable to his or her licence if he or she is under the influence of any psychoactive substance which may render him or her unable to perform such functions in a safe and proper manner. Section 7(2) A safety-sensitive personnel shall not undertake any of their function while under the influence of any psychoactive substance, by reason of which human performance is impaired.

Section 8

FLIGHT OPERATIONS - 8. Operating facilities

Part III: FLIGHT OPERATIONS

Section 8. Operating facilities Section 8(1) The operator shall ensure that a flight shall not be commenced unless it has been ascertained by every reasonable means available that the ground or water facilities available and directly required on such flight, for the safe operation of the helicopter and the protection of the passengers, are adequate for the type of operation under which the flight is to be conducted and are adequately operated for this purpose. Section 8(2) The operator shall ensure that any inadequacy of facilities observed in the course of operations is reported to the authority responsible for them, without undue delay.

Section 9

FLIGHT OPERATIONS - 9. The air operator certificate

Part III: FLIGHT OPERATIONS

Section 9. The air operator certificate Section 9(1) The operator shall not engage in commercial air transport operations unless in possession of a valid Air Service License and a valid Air Operator Certificate issued by the Authority. Section 9(2) The Air Operator Certificate shall authorize the operator to conduct commercial air transport operations in accordance with the operations specifications. Section 9(3) The issue of an Air Operator Certificate by the Authority shall be dependent upon the operator demonstrating an adequate organization, method of control and supervision of flight operations, training programme as well as ground handling and maintenance arrangements consistent with the nature and extent of the operations specified. Section 9(4) The continued validity of an Air Operator Certificate shall depend upon the operator maintaining the requirements of sub-regulation (3) under the supervision of the Authority. Section 9(5)(a) the State of the Operator and the issuing authority; Section 9(5)(b) the Air Operator Certificate number and its expiration date; Section 9(5)(c) the operator name, trading name (if different) and address of the principal place of business: Sect...

Section 10

FLIGHT OPERATIONS - 10. Surveillance of operations by a foreign operator

Part III: FLIGHT OPERATIONS

Section 10. Surveillance of operations by a foreign operator Section 10(1) The Authority shall recognize as valid an Air Operator Certificate issued by another Contracting State provided that the requirements under which the certificate was issued are at least equal to the applicable standards. Section 10(2) The Authority shall establish a programme with procedures for the surveillance of operations in Kenya by foreign operators and for taking appropriate action when necessary to preserve safety. Section 10(3) The operator shall meet and maintain the requirements established by the Authority.

Section 11

FLIGHT OPERATIONS - 11. Operations manual

Part III: FLIGHT OPERATIONS

Section 11. Operations manual Section 11(1) The operator shall provide for the use and guidance of operations personnel concerned, an operations manual as prescribed and developed in accordance with the Civil Aviation (Air Operator Certificate and Administration) Regulations. The Operations Manual shall be amended or revised as is necessary to ensure that the information contained therein is kept up to date. All such amendments or revisions shall be notified to all personnel that are required to use this manual. Section 11(2) The Authority shall establish a requirement for the operator to provide a copy of the operations manual together with all amendments or revisions, for review and acceptance and, where required, approval. The operator shall incorporate in the operations manual such mandatory material as the Authority may require

Section 12

FLIGHT OPERATIONS - 12. Operating instructions - general

Part III: FLIGHT OPERATIONS

Section 12. Operating instructions - general Section 12(1) The operator shall ensure that all operations personnel are properly instructed in their particular duties, responsibilities and the relationship of such duties to the operation as a whole. Section 12(2) A helicopter rotor shall not be turned under power, for the purpose of flight, without a qualified pilot at the controls. The operator shall provide appropriately specific training and procedures to be followed for all personnel, other than qualified pilots, who are likely to carry out the turning of a rotor under power for purposes other than flight. Section 12(3) The operator shall issue operating instructions and provide information on helicopter climb performance with all engines operating to enable the pilot-in-command to determine the climb gradient that can be achieved during the take-off and initial climb phase for the existing take-off conditions and intended take-off technique. This information shall be based on the helicopter manufacturer's or other data, acceptable to the Authority, and should be included in the operations manual.

Section 13

FLIGHT OPERATIONS - 13. In-flight simulation of emergency situations

Part III: FLIGHT OPERATIONS

Section 13. In-flight simulation of emergency situations Section The operator shall ensure that when passengers or cargo are being carried, no emergency or abnormal situations shall be simulated.

Section 14

FLIGHT OPERATIONS - 14. Checklists

Part III: FLIGHT OPERATIONS

Section 14. Checklists Section The checklists provided in accordance with these Regulations shall be used by flight crews prior to, during and after all phases of operations, and in emergency, to ensure compliance with the operating procedures contained in the helicopter operating manual, the helicopter flight manual or other documents associated with the certificate of airworthiness and otherwise in the operations manual. The design and utilization of checklists shall observe Human Factors principles.

Section 15

FLIGHT OPERATIONS - 15. Minimum flight altitudes (operations under IFR)

Part III: FLIGHT OPERATIONS

Section 15. Minimum flight altitudes (operations under IFR) Section 15(1) The operator shall be permitted to establish minimum flight altitudes for those routes flown for which minimum flight altitudes have been established by the State flown over or the responsible State, provided that they shall not be less than those established by that State, unless specifically approved. Section 15(2) The minimum flight altitudes determined in accordance with the above method shall not be lower than specified in Civil Aviation (Rules of the air) Regulations. Section 15(3) The operator shall specify the method by which the operator intends to determine minimum flight altitudes for operations conducted over routes for which minimum flight altitudes have not been established by the State flown over, or the responsible State, and shall include this method in the operations manual. Section 15(4) The method for establishing the minimum flight altitudes shall be approved by the Authority. Section 15(5)(a) the accuracy and reliability with which the position of the helicopter can be determined; Section 15(5)(b) inaccuracies in the indications of the altimeters used; Section 15(5)(c) the characteristic...

Section 16

FLIGHT OPERATIONS - 16. Heliport or landing location operating minima

Part III: FLIGHT OPERATIONS

Section 16. Heliport or landing location operating minima Section 16(1) The operator shall establish operating minima for each heliport or landing location to be used in operations and the method of determination of such minima shall be approved by the Authority and such minima shall not be lower than any that may be established for such heliports or landing locations by the Authority, except when specifically approved. Section 16(2)(a) for the purposes of an approach ban; a minima below the heliport or landing location operating minima; Section 16(2)(b) reducing or satisfying the visibility requirements; or Section 16(2)(c) requiring fewer ground facilities as compensated for by airborne capabilities. Section 16(3)(a) the type, performance and handling characteristics of the helicopter; Section 16(3)(b) the composition of the flight crew, their competence and experience; Section 16(3)(c) the physical characteristics of the heliport, and direction of approach; Section 16(3)(d) the adequacy and performance of the available visual and non-visual ground aids; Section 16(3)(e) the equipment available on the helicopter for the purpose of navigation, acquisition of visual references and/...

Section 17

FLIGHT OPERATIONS - 17. Fuel and oil records.

Part III: FLIGHT OPERATIONS

Section 17. Fuel and oil records. Section 17(1) The operator shall maintain fuel and oil records to enable the Authority to ascertain that, for each flight, the requirements of Regulation 25 have been complied with. Section 17(2) Fuel and oil records shall be retained by the operator for a period of three months.

Section 18

FLIGHT OPERATIONS - 18. Crew

Part III: FLIGHT OPERATIONS

Section 18. Crew Section 18(1) For each flight, the operator shall designate one pilot to act as pilot-in-command. Section 18(2) The operator shall formulate rules to limit flight time and flight duty periods and for the provision of adequate rest periods for all its crew members. These rules shall be in accordance with the regulations established by the Authority, and included in the operations manual. Section 18(3) The operator shall maintain current records of the flight time, flight duty periods and rest periods of all its crew members.

Section 19

FLIGHT OPERATIONS - 19. Passengers

Part III: FLIGHT OPERATIONS

Section 19. Passengers Section 19(1)(a) seat belts or harnesses; Section 19(1)(b) emergency exits; Section 19(1)(c) life jackets, if the carriage of life jackets is prescribed; Section 19(1)(d) other emergency equipment provided for individual use, including passenger emergency briefing cards Section 19(2) The operator shall ensure that the passengers are informed of the location and general manner of use of the principal emergency equipment carried for collective use. Section 19(3) The operator shall ensure that in an emergency during flight, passengers are instructed in such emergency action as may be appropriate to the circumstances. Section 19(4) The operator shall ensure that, during take-off and landing and whenever considered necessary by reason of turbulence or any emergency occurring during flight, all passengers on board a helicopter shall be secured in their seats by means of the seat belts or harnesses provided.

Section 20

FLIGHT OPERATIONS - 20. Over-water flights

Part III: FLIGHT OPERATIONS

Section 20. Over-water flights Section A person shall not operate a helicopter on flights over water in a hostile environment in accordance with these regulation unless the helicopter is certificated for ditching. Sea state shall be an integral part of ditching information.

Section 21

FLIGHT OPERATIONS - 21. Flight preparation

Part III: FLIGHT OPERATIONS

Section 21. Flight preparation Section 21(1)(a) the helicopter is airworthy; Section 21(1)(b) the instruments and equipment prescribed in Civil Aviation (Instrument and Equipment) Regulations, for the particular type of operation to be undertaken, are installed and are sufficient for the flight; Section 21(1)(c) a certificate of release to service has been issued in respect of the helicopter; Section 21(1)(d) the mass of the helicopter and centre of gravity location are such that the flight can be conducted safely, taking into account the flight conditions expected; Section 21(1)(e) any load carried is properly distributed and safely secured; Section 21(1)(f) a check has been completed indicating that the operating limitations of Part III can be complied with for the flight to be undertaken; and Section 21(1)(g) the Standards of these regulations relating to operational flight planning have been complied with. Section 21(2) Completed flight preparation forms shall be kept by the operator for a period of three months.

Section 22

FLIGHT OPERATIONS - 22. Operational flight planning

Part III: FLIGHT OPERATIONS

Section 22. Operational flight planning Section 22(1) A person shall not commence a flight in a helicopter unless there is a an operational flight plan completed for every intended flight or series of flights, and approved by the pilot-in-command, and shall be lodged with the appropriate authority. The operator shall determine the most efficient means of lodging the operational flight plan. Section 22(2) The operations manual shall describe the content and use of the operational flight plan.

Section 23

FLIGHT OPERATIONS - 23. Alternate heliports

Part III: FLIGHT OPERATIONS

Section 23. Alternate heliports Section 23(1) A person shall not commence a flight unless a take-off alternate heliport is selected and specified in the operational flight plan if the weather conditions at the heliport of departure are at or below the applicable heliport operating minima. Section 23(2) A person shall not commence a flight unless the information available for the heliport to be selected as a take-off alternate indicates that, at the estimated time of use, the conditions will be at or above the heliport operating minima for that operation. Section 23(3)(a) the duration of the flight and the meteorological conditions prevailing are such that there is reasonable certainty that, at the estimated time of arrival at the heliport of intended landing, and for a reasonable period before and after such time, the approach and landing may be made under visual meteorological conditions as prescribed by the Authority; or Section 23(3)(b) the heliport of intended landing is isolated and no alternate is available. A point of no return (PNR) shall be determined. Section 23(4) For a heliport to be seleted as a destination alternate, the available information shall indicate that, at t...

Section 24

FLIGHT OPERATIONS - 24. Meteorological conditions

Part III: FLIGHT OPERATIONS

Section 24. Meteorological conditions Section 24(1) A person shall not commence a VFR flight unless current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions along the route or that part of the route to be flown or in the intended area of operations under VFR will, at the appropriate time, be such as to enable compliance with these rules. Section 24(2) A person shall not commence an IFR flight unless information is available which indicates that conditions at the destination heliport or landing location or. when an alternate is required, at least one alternate heliport will, at the estimated time of arrival, be at or above the heliport operating minima. Section 24(3) To ensure that an adequate margin of safety is observed in determining whether or not an approach and landing can be safely carried out at each alternate heliport or landing location, the operator shall specify appropriate incremental values for height of cloud base and visibility, acceptable to the Authority, to be added to the operator's established heliport or landing location operating minima. Section 24(4) A person shall not commence a flight to be...

Section 25

FLIGHT OPERATIONS - 25. Fuel and oil requirements

Part III: FLIGHT OPERATIONS

Section 25. Fuel and oil requirements Section 25(1) A person shall not commence a helicopter flight unless, taking into account both the meteorological conditions and any delays that are expected in flight, the helicopter carries sufficient fuel and oil to ensure that it can safely complete the flight. In addition, a reserve shall be carried to provide for contingencies. Section 25(2)(a) fly to the landing site to which the flight is planned; Section 25(2)(b) have final reserve fuel to fly thereafter for a period of 20 minutes at best-range speed; and Section 25(3)(a) final reserve fuel to fly 30 minutes at holding speed at 450m (1 500 ft) above the destination heliport or landing location under standard temperature conditions and approach and land; and Section 25(3)(a)(i) final reserve fuel to fly 30 minutes at holding speed at 450m (1 500 ft) above the destination heliport or landing location under standard temperature conditions and approach and land; and Section 25(3)(a)(ii) an additional amount of fuel to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Authority. Section 25(3)(b)...

Section 26

FLIGHT OPERATIONS - 26. Refuelling with passengers on board or rotors turning

Part III: FLIGHT OPERATIONS

Section 26. Refuelling with passengers on board or rotors turning Section 26(1) A person shall not fuel a helicopter when passengers are embarking, on board, disembarking or when the rotor is turning unless the operator is granted specific authorization by the Authority setting forth the conditions under which such fuelling may be carried out. Section 26(2) Additional precautions are required when refueling with fuels other than aviation kerosene or when refueling results in a mixture of aviation kerosene with other aviation turbine fuels, or when an open line is used.

Section 27

FLIGHT OPERATIONS - 27. Oxygen supply

Part III: FLIGHT OPERATIONS

Section 27. Oxygen supply Section 27(1) Approximate altitudes in the Standard Atmosphere corresponding to the values of absolute pressure used in the text are as follows— Absolute pressureMetresFeet700 hPa3 00010 000620 hPa400013 000376 hpa760025 000 Section 27(2)(a) all crew members and 10 per cent of the passengers for any period in excess of 30 minutes that the pressure in compartments occupied by them will be between 700 hPa and 620 hPa; and Section 27(2)(b) the crew and passengers for any period that the atmospheric pressure in compartments occupied by them will be less than 620 hPa. Section 27(3) A flight to be operated with a pressurized helicopter shall not be commenced unless a sufficient quantity of stored breathing oxygen is carried to supply all the crew members and passengers, as is appropriate to the circumstances of the flight being undertaken, in the event of loss of pressurization, for any period that the atmospheric pressure in any compartment occupied by them would be less than 700 hPa. and in addition, when the helicopter is operated at flight altitudes at which the atmospheric pressure is more than 376 hPa and cannot descend safely to a flight altitude at which...

Section 28

FLIGHT OPERATIONS - 28. Heliport operating minima

Part III: FLIGHT OPERATIONS

Section 28. Heliport operating minima Section 28(1) A flight shall not be continued towards the heliport of intended landing, unless the latest available information indicates that at the expected time of arrival, a landing can be effected at that heliport, or at least one destination alternate heliport, in compliance with the operating minima established in accordance with regulation 16. Section 28(2) An instrument approach shall not be continued below 300 m (1 000 ft) above the heliport elevation or into the final approach segment unless the reported visibility or controlling RVR is at or above the heliport operating minima. Section 28(3) If, after entering the final approach segment or after descending below 300 m (1 000 ft) above the heliport elevation, the reported visibility or controlling RVR falls below the specified minimum, the approach may be continued to DA/H or MDA/H and in any case, a helicopter shall not continue its approach-to-land at any heliport beyond a point at which the limits of the operating minima specified for that heliport would be infringed.

Section 29

FLIGHT OPERATIONS - 29. Meteorological observations

Part III: FLIGHT OPERATIONS

Section 29. Meteorological observations Section The procedures for making meteorological observations on board helicopter in flight and for recording and reporting them as provided in the Civil Aviation (Meteorology Services For Air Navigation) Regulations.

Section 30

FLIGHT OPERATIONS - 30. Hazardous flight conditions

Part III: FLIGHT OPERATIONS

Section 30. Hazardous flight conditions Section Hazardous flight conditions encountered, other than those associated with meteorological conditions, shall be reported to the appropriate aeronautical station as soon as possible. The reports so rendered shall give such details as may be pertinent to the safety of other helicopter.

Section 31

FLIGHT OPERATIONS - 31. Flight crew members at duty stations

Part III: FLIGHT OPERATIONS

Section 31. Flight crew members at duty stations Section 31(1) Take-off and landing. All flight crew members required to be on flight deck duty shall be at their stations. Section 31(2) En route. All flight crew members required to be on flight deck duty shall remain at their stations except when their absence is necessary for the performance of duties in connection with the operation of the helicopter or for physiological needs. Section 31(3) Seat belts. All flight crew members shall keep their seat belt fastened when at their stations. Section 31(4) Safety harness. Any flight crew member occupying a pilot's seat shall keep the safety harness fastened during the take-off and landing phases and all other flight crew members shall keep their safety harness fastened during the take-off and landing phases unless the shoulder straps interfere with the performance of their duties, in which case the shoulder straps may be unfastened but the seat belt must remain fastened. Section 31(5) Safety harness includes shoulder straps and a seat belt which may be used independently.

Section 32

FLIGHT OPERATIONS - 32. Use of oxygen

Part III: FLIGHT OPERATIONS

Section 32. Use of oxygen Section All flight crew members, when engaged in performing duties essential to the safe operation of a helicopter in flight, shall use breathing oxygen continuously whenever the circumstances prevail for which its supply has been required in these Regulations.

Section 33

FLIGHT OPERATIONS - 33. Safeguarding of cabin crew and passengers in pressurized helicopter in the event of loss of pressurization

Part III: FLIGHT OPERATIONS

Section 33. Safeguarding of cabin crew and passengers in pressurized helicopter in the event of loss of pressurization Section 33(1) Cabin crew shall be safeguarded so as to ensure reasonable probability of their retaining consciousness during any emergency descent which may be necessary in the event of loss of pressurization and, in addition, they shall have such means of protection as will enable them to administer first aid to passengers during stabilized flight following the emergency and passengers shall be safeguarded by such devices or operational procedures as will ensure reasonable probability of their surviving the effects of hypoxia in the event of loss of pressurization. Section 33(2) It is not envisaged that cabin crew will always be able to provide assistance to passengers during emergency descent procedures which may be required in the event of loss of pressurization.

Section 34

FLIGHT OPERATIONS - 34. Instrument flight procedures

Part III: FLIGHT OPERATIONS

Section 34. Instrument flight procedures Section 34(1) One or more instrument approach procedures to serve each final approach and take-off area or heliport utilized for instrument flight operations shall be approved and promulgated by the Authority in which the heliport is located, or by the State which is responsible for the heliport when located outside the territory of Kenya. Section 34(2) All helicopters operated in accordance with IFR shall comply with the instrument approach procedures approved by the Authority in which the heliport is located, or by the State which is responsible for the heliport when located outside the territory of Kenya.

Section 35

FLIGHT OPERATIONS - 35. Helicopter operating procedures for noise abatement

Part III: FLIGHT OPERATIONS

Section 35. Helicopter operating procedures for noise abatement Section The operator should ensure that take-off and landing procedures take into account the need to minimize the effect of helicopter noise.

Section 36

FLIGHT OPERATIONS - 36. In-flight fuel management

Part III: FLIGHT OPERATIONS

Section 36. In-flight fuel management Section 36(1) The operator shall establish policies and procedures, approved by the Authority, to ensure that in-flight fuel checks and fuel management are performed. Section 36(2) The pilot-in-command shall monitor the amount of usable fuel remaining on board to ensure it is not less than the fuel required to proceed to a landing site where a safe landing can be made with the planned final reserve fuel remaining. Section 36(3) The pilot-in-command shall advise ATC of a minimum fuel state by declaring MINIMUM FUEL when, having committed to land at a specific landing site, the pilot calculates that any change to the existing clearance to that landing site, or other air traffic delays, may result in landing with less than the planned final reserve fuel. Section 36(4) The pilot-in-command shall declare a situation of fuel emergency by broadcasting MAYDAY MAYDAYMAYDAY FUEL, when the usable fuel estimated to be available upon landing at the nearest landing site where a safe landing can be made is less than the required final reserve fuel in compliance with these Regulations.

Section 37

FLIGHT OPERATIONS - 37. Duties of pilot-in-command

Part III: FLIGHT OPERATIONS

Section 37. Duties of pilot-in-command Section 37(1) The pilot-in-command shall be responsible for the operation and safety of the helicopter and for the safety of all crew members, passengers and cargo on board, from the moment the engine(s) are started until the helicopter finally comes to rest at the end of the flight, with the engine(s) shut down and the rotor blades stopped. Section 37(2) The pilot-in-command shall ensure that the checklists specified in these Regulations are complied with in detail. Section 37(3) The pilot-in-command shall be responsible for notifying the nearest appropriate authority by the quickest available means of any accident involving the helicopter, resulting in serious injury or death of any person or substantial damage to the helicopter or property. Section 37(4) The pilot-in-command shall be responsible for reporting all known or suspected defects in the helicopter, to the operator, at the termination of the flight. Section 37(5) The pilot-in-command shall be responsible for the journey log book or the general declaration and

Section 38

FLIGHT OPERATIONS - 38. Duties of flight operations officer/flight dispatcher

Part III: FLIGHT OPERATIONS

Section 38. Duties of flight operations officer/flight dispatcher Section 38(1)(a) assist the pilot-in-command in flight preparation and provide the relevant information; Section 38(1)(b) assist the pilot-in-command in preparing the operational and ATS flight plans, sign when applicable and file the ATS flight plan with the appropriate ATS unit; and Section 38(1)(c) furnish the pilot-in-command while in flight, by appropriate means, with information which may be necessary for the safe conduct of the flight. Section 38(2)(a) initiate such procedures as outlined in the operations manual while avoiding taking any action that would conflict with ATC procedures; and Section 38(2)(b) convey safety-related information to the pilot-in-command that may be necessary for the safe conduct of the flight, including information related to any amendments to the flight plan that become necessary in the course of the flight.

Section 39

FLIGHT OPERATIONS - 39. Carry-on baggage

Part III: FLIGHT OPERATIONS

Section 39. Carry-on baggage Section The operator shall ensure that all baggage carried onto a helicopter and taken into the passenger cabin is adequately and securely stowed.

Section 40

HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 40. General provisions

Part IV: HELICOPTER PERFORMANCE OPERATING LIMITATIONS

Section 40. General provisions Section 40(1) Helicopters shall be operated in accordance with a code of performance established by the Authority, in compliance with the applicable Standards of this Part. Section 40(2) The code of performance reflects, for the conduct of operations, both the various phases of flight and the operational environment and the First Schedule provides guidance in establishing a code of performance. Section 40(3) In conditions where the safe continuation of flight is not ensured in the event of a critical engine failure, helicopter operations shall be conducted in a manner that gives appropriate consideration for achieving a safe forced landing. Section 40(4) Where the Authority permits IMC operations in performance Class 3, such operations shall be conducted in accordance with the provisions of regulations 44. Section 40(5) Where helicopters are operated to or from heliports in a congested hostile environment, the competent authority of the State in which the heliport is situated shall specify the requirements to enable these operations to be conducted in a manner that gives appropriate consideration for the risk associated with an engine failure.

Section 41

HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 41. Applicable to helicopters certificated in accordance with Civil Aviation (Airworthiness) Regulations

Part IV: HELICOPTER PERFORMANCE OPERATING LIMITATIONS

Section 41. Applicable to helicopters certificated in accordance with Civil Aviation (Airworthiness) Regulations Section 41(1) The Standards contained in these regulation inclusive are as per the type certificate of the helicopter. Section 41(2) The level of performance defined by the appropriate parts of the code of performance referred to in these Regulations for the helicopters shall be consistent with the overall level embodied in the Standards of this Part. Section 41(3) A helicopter shall be operated in compliance with the terms of its certificate of airworthiness and within the approved operating limitations contained in its flight manual. Section 41(4) The Authority shall take such precautions as are reasonably possible to ensure that the general level of safety contemplated by these provisions is maintained under all expected operating conditions, including those not covered specifically by the provisions of this Part. Section 41(5) A flight shall not be commenced unless the performance information provided in the flight manual indicates that the Standards of the State of design can be complied with for the flight to be undertaken. Section 41(6) In applying the Standards o...

Section 42

HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 42. Mass limitation

Part IV: HELICOPTER PERFORMANCE OPERATING LIMITATIONS

Section 42. Mass limitation Section 42(1) The mass of the helicopter at the start of take-off shall not exceed the mass at which the code of performance referred to in these Regulations is complied with, allowing for expected reductions in mass as the flight proceeds and for such fuel jettisoning as is appropriate. Section 42(2) In no case shall the mass at the start of take-off exceed the maximum take-off mass specified in the helicopter flight manual taking into account the factors specified in Regulation 41 sub-regulation (5). Section 42(3) In no case shall the estimated mass for the expected time of landing at the destination and at any alternate exceed the maximum landing mass specified in the helicopter flight manual taking into account the factors specified in Regulation 41 sub-regulation (5). Section 42(4) In no case shall the mass at the start of take-off, or at the expected time of landing at the destination and at any alternate, exceed the relevant maximum mass at which compliance has been demonstrated with the applicable noise certification regulations in Civil Aviation (Environment Protection) Regulations unless otherwise authorized in exceptional circumstances for a c...

Section 43

HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 43. Obstacle data

Part IV: HELICOPTER PERFORMANCE OPERATING LIMITATIONS

Section 43. Obstacle data Section The operator shall use available obstacle data to develop procedures to comply with the take-off, initial climb, approach and landing phases detailed in the code of performance in the Second Schedule.

Section 44

HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 44. Additional requirements for operations of helicopters in performance class 3 in IMC, except special VFR flights.

Part IV: HELICOPTER PERFORMANCE OPERATING LIMITATIONS

Section 44. Additional requirements for operations of helicopters in performance class 3 in IMC, except special VFR flights. Section 44(1) Operations in performance Class 3 in IMC shall be conducted only over a surface environment acceptable to the competent authority of the State over which the operations are performed. Section 44(2)(a) the reliability of the engines; Section 44(2)(b) the operator's maintenance procedures, operating practices and crew training programmes; and Section 44(2)(c) equipment and other requirements provided in accordance with the Second Schedule. Section 44(3) Operators of helicopters operating in performance Class 3 in IMC shall have a programme for engine trend monitoring and shall utilize the engine and helicopter manufacturers' recommended instruments, systems and operational or maintenance procedures to monitor the engines. Section 44(4) In order to minimize the occurrence of mechanical failures, helicopters operating in IMC in performance Class 3 should utilize vibration health monitoring for the tail-rotor drive system.

Section 70

FLIGHT OPERATIONS OFFICER OR FLIGHT DISPATCHER - 70. Qualifications and Training

Part IX: FLIGHT OPERATIONS OFFICER OR FLIGHT DISPATCHER

Section 70. Qualifications and Training Section 70(1) When the Authority requires that a flight operations officer or flight dispatcher, employed in conjunction with an approved method of control and supervision of flight operations be licensed, that flight operations officer or flight dispatcher shall be licensed in accordance with the provisions of Personnel Licensing regulations. Section 70(2) In accepting proof of qualifications other than the option of holding of a flight operations officer or flight dispatcher license, the Authority, in accordance with the approved method of control and supervision of flight operations, shall require that, as a minimum, such persons meet the requirements specified in Personnel Licensing Regulations for the flight operations officer or flight dispatcher license. Section 70(3)(a) satisfactorily completed the operator-specific training course that addresses all the specific components of its approved method of control and supervision of flight operations specified in these Regulations; Section 70(3)(b) made, within the preceding 12 months, at least a one-way qualification flight in a helicopter over any area for which that person is authorized t...

Section 45

HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 45. General

Part V: HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS

Section 45. General Section 45(1) In addition to the minimum equipment necessary for the issuance of a certificate of airworthiness, the instruments, equipment and flight documents prescribed in the Civil Aviation (Instrument and Equipment) Regulations and the Civil Aviation (Air Operator Certificate and Administration) Regulations shall be installed or carried, as appropriate, in helicopters according to the helicopter used and to the circumstances under which the flight is to be conducted. The prescribed instruments and equipment, including their installation, shall be approved or accepted by the Authority. Section 45(2) A helicopter shall carry a certified true copy of the air operator certificate specified in these regulations, and a copy of the operations specifications relevant to the helicopter type, issued in conjunction with the certificate. When the certificate and the associated operations specifications are issued by the Authority in a language other than English, an English translation shall be included. Section 45(3) The operator shall include in the operations manual a minimum equipment list (MEL) approved by the Authority, which will enable the pilot-in-command to d...

Section 46

HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 46. All helicopters on all flights

Part V: HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS

Section 46. All helicopters on all flights Section 46(1) A helicopter shall be equipped with instruments that will enable the flight crew to control the flight path of the helicopter, carry out any required procedural manoeuvres and observe the operating limitations of the helicopter in the expected operating conditions. Section 46(2)(a) the operations manual prescribed in the Civil Aviation (Air Operator Certificate and Administration) Regulations or those parts of it that pertain to flight operations; Section 46(2)(b) the helicopter flight manual for the helicopter, or other documents containing performance data required for the application of Part III and any other information necessary for the operation of the helicopter within the terms of its certificate of airworthiness, unless these data are available in the operations manual; and Section 46(2)(c) current and suitable charts to cover the route of the proposed flight and any route along which it is reasonable to expect that the flight may be diverted.

Section 47

HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 47. All helicopters on flights over water: Means of flotation, Emergency equipment

Part V: HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS

Section 47. All helicopters on flights over water: Means of flotation, Emergency equipment Section 47(1)(a) engaged in offshore operations, or other overwater operations as prescribed by the State of the Operator; Section 47(1)(b) flying over water in a hostile environment at a distance from land corresponding to more than 10 minutes at normal cruise speed when operating in performance Class 1 or 2; or Section 47(1)(c) flying over water in a non-hostile environment at a distance from land specified by the appropriate authority of the responsible State when operating in performance Class 1. Section 47(2)(a) one life jacket or equivalent individual flotation device, for each person on board, stowed in a position easily accessible from the seat or berth of the person for whose use it is provided and for offshore operations the life jacket shall be worn constantly unless the occupant is wearing an integrated survival suit that includes the functionality of the life jacket; Section 47(2)(b) life-saving rafts in sufficient numbers to carry all persons on board, stowed so as to facilitate their ready use in emergency, provided with such life-saving equipment including means of sustaining...

Section 48

HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 48. All helicopters on flights over designated sea areas

Part V: HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS

Section 48. All helicopters on flights over designated sea areas Section Helicopters, when operating over sea areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, shall be equipped with life-saving equipment (including means of sustaining life) as may be appropriate to the area overflown.

Section 49

HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 49. All helicopters on high altitude flights

Part V: HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS

Section 49. All helicopters on high altitude flights Section 49(1) Approximate altitude in the Standard Atmosphere corresponding to the value of absolute pressure used in this text shall be as follows— Absolute pressureMetresFeet700 hPa3 00010 000620 hPa4 00013 000376 hPa7 60025 000 Section 49(2) A helicopter intended to be operated at flight altitudes at which the atmospheric pressure is less than 700 hPa in personnel compartments shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the oxygen supplies required in these regulations. Section 49(3) A helicopter intended to be operated at flight altitudes at which the atmospheric pressure is less than 700 hPa but which is provided with means of maintaining pressures greater than 700 hPa in personnel compartments shall be provided with oxygen storage and dispensing apparatus capable of storing and dispensing the oxygen supplies required in these Regulations. Section 49(4) A helicopter intended to be operated at flight altitudes at which the atmospheric pressure is less than 376 hPa, or which, if operated at flight altitudes at which the atmospheric pressure is more than 376 hPa which cannot...