Page 541 - UK Air Operations Regulations (Consolidated) 201121

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~ Regulation NCC - ANNEX VI - Non-Commercial Complex Operations Centrik

NCC.GEN.105(e)(2) GM1 Crew responsibilities
GENERAL
In accordance with 7.g. of Annex IV to Regulation (EC) No 216/2008 (essential requirements for air
operations), a crew member must not perform duties on board an aircraft when under the influence of
psychoactive substances or alcohol or when unfit due to injury, fatigue, medication, sickness or other
similar causes. This should be understood as including the following:
(a) effects of deep water diving and blood donation, and allowing for a certain time period
between these activities and returning to flying; and
(b) without prejudice to more restrictive national regulations, the consumption of alcohol while
on duty or less than 8 hours prior to the commencement of duties, and commencing a
flight duty period with a blood alcohol level in excess of 0.2 per thousand.
NCC.GEN.105(g) AMC1 Crew responsibilities
OCCURRENCE REPORTING
Whenever a crew member makes use of the applicable reporting systems, a copy of the report should
be communicated to the pilot-in-command.
NCC.GEN.106 Pilot-in-command responsibilities and authority
(a) The pilot-in-command shall be responsible for:
(1) the safety of the aircraft and of all crew members, passengers and cargo on board
during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No
216/2008;
(2) the initiation, continuation, termination or diversion of a flight in the interest of safety;
(3) ensuring that all instructions, operational procedures and checklists are complied
with in accordance with the operations manual and as referred to in 1.b of Annex IV
to Regulation (EC) No 216/2008;
(4) only commencing a flight if he/she is satisfied that all operational limitations referred
to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:
(i) the aircraft is airworthy;
(ii) the aircraft is duly registered;
(iii) instruments and equipment required for the execution of that flight are installed
in the aircraft and are operative, unless operation with inoperative equipment is
permitted by the minimum equipment list (MEL) or equivalent document, as
required in NCC.IDE.A.105 or NCC.IDE.H.105;
(iv) the mass of the aircraft and centre of gravity location are such that the flight
can be conducted within the limits prescribed in the airworthiness
documentation;
(v) all cabin baggage, hold luggage and cargo are properly loaded and secured;
(vi) the aircraft operating limitations as specified in the aircraft flight manual (AFM)
will not be exceeded at any time during the flight;
(vii) each flight crew member holds a valid licence in accordance with Regulation
(EU) No 1178/2011;
(viii) flight crew members are properly rated and meet competency and recency
requirements; and
(ix) any navigational database required for performance-based navigation is
suitable and current;
(5) not commencing a flight if any flight crew member is incapacitated from performing
duties by any cause such as injury, sickness, fatigue or the effects of any
psychoactive substance;
(6) not continuing a flight beyond the nearest weather-permissible aerodrome or
operating site, when the capacity of any flight crew member to perform duties is
significantly reduced from causes such as fatigue, sickness or lack of oxygen;
(7) deciding on acceptance of the aircraft with unserviceabilities in accordance with the
configuration deviation list (CDL) or minimum equipment list (MEL), as applicable;
(8) recording utilisation data and all known or suspected defects in the aircraft at the
termination of the flight, or series of flights, in the aircraft technical log or journey log
for the aircraft; and
(9) ensuring that:
(i) flight recorders are not disabled or switched off during flight;
(ii) in the event of an occurrence other than an accident or a serious incident that
shall be reported according to ORO.GEN.160(a), flight recorders’ recordings
are not intentionally erased; and
(iii) in the event of an accident or a serious incident, or if preservation of
recordings of flight recorders is directed by the investigating authority:
(A) flight recorders’ recordings are not intentionally erased;
(B) flight recorders are deactivated immediately after the flight is completed;
and
(C) precautionary measures to preserve the recordings of flight recorders
are taken before leaving the flight crew compartment.
(b) The pilot-in-command shall have the authority to refuse carriage of or disembark any
person, baggage or cargo that may represent a potential hazard to the safety of the aircraft
or its occupants.
(c) The pilot-in-command shall, as soon as possible, report to the appropriate air traffic
services (ATS) unit any hazardous weather or flight conditions encountered that are likely
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