Page 112 - UK Air Operations Regulations 201121

Part ORO - ANNEX III - Organisational Requirement for Air Operations

In such a case, it should also be assessed whether the third party operator undertakes a commercial
operation in the sense of Article 3(i) of Regulation (EC) 216/2008.
ORO.DEC.100(d) AMC1 Declaration
CHANGES
The new declaration should be submitted before the change becomes effective indicating the date as
of which the change would apply.

SUBPART SPO COMMERCIAL SPECIALISED OPERATIONS
Reference Description
ORO.SPO.100 Common requirements for commercial specialised operators
(a) A commercial specialised operator shall in addition to ORO.DEC.100 also comply with
ORO.AOC.135, ORO.AOC.140 and ORO.AOC.150.
(b) Aircraft shall have a certificate of airworthiness (CofA) in accordance with Regulation
(EU) No 748/2012 or shall be leased-in in accordance with (c).
(c) A commercial specialised operator shall obtain prior approval of the CAA and comply with
the following conditions:
(1) for wet leasing-in an aircraft of a third-country operator:
(i) that the safety standards of a third-country operator with regard to continuing
airworthiness and air operations are equivalent to the applicable
requirements established by Regulation (EU) No 1321/2014 and this
Regulation;
(ii) that the aircraft of a third-country operator has a standard CofA issued in
accordance with Annex 8 to the Convention on International Civil Aviation;
(iii) that the duration of the wet lease-in does not exceed seven months in any 12
consecutive month period;
(2) for dry leasing-in an aircraft registered in a third country:
(i) that an operational need that cannot be satisfied through leasing an aircraft
registered in the United Kingdom has been identified;
(ii) that the duration of the dry lease-in does not exceed seven months in any 12
consecutive month period;
(iii) that the safety standards of the third-country aircraft with regard to continuing
airworthiness are equivalent to the applicable requirements established by
Regulation (EU) No 1321/2014;
(iv) that the aircraft is equipped in accordance with Annex VIII (Part SPO).
ORO.SPO.100(a) AMC1 Personnel requirements
NOMINATED PERSONS
(a) The person may hold more than one of the nominated posts if such an arrangement is
considered suitable and properly matched to the scale and scope of the commercial
specialised operation.
(b) A description of the functions and the responsibilities of the nominated persons, including
their names, should be contained in the operations manual.
(c) A commercial specialised operator should make arrangements to ensure continuity of
supervision in the absence of nominated persons.
(d) The person nominated by a commercial specialised operator should normally not be
nominated by another commercial specialised operator.
(e) Persons nominated should be contracted to work sufficient hours to fulfil the
management functions associated with the scale and scope of the commercial
specialised operation.
ORO.SPO.100(a) AMC2 Personnel requirements
COMBINATION OF NOMINATED PERSONS RESPONSIBILITIES
(a) The acceptability of a single person holding several posts, possibly in combination with
being the accountable manager, should depend upon the nature and scale of the
commercial specialised operation. The two main areas of concern should be
competence and an individual’s capacity to meet his/her responsibilities.
(b) As regards competence in different areas of responsibility, there should not be any
difference from the requirements applicable to persons holding only one post.
(c) The capacity of an individual to meet his/her responsibilities should primarily be
dependent upon the scale of the commercial specialised operation. However, the
complexity of the organisation or of the operation may prevent, or limit, combinations of
posts which may be acceptable in other circumstances.
(d) In most circumstances, the responsibilities of a nominated person should rest with a
single individual. However, in the area of ground operations, it may be acceptable for
responsibilities to be split, provided that the responsibilities of each individual concerned
are clearly defined.
ORO.SPO.100(a) GM1 Personnel requirements
NOMINATED PERSONS
The smallest organisation that can be considered is the one-man organisation where all of the
nominated posts are filled by the accountable manager, and audits are conducted by an independent
person.
ORO.SPO.100(a) GM2 Personnel requirements
COMPETENCE OF NOMINATED PERSONS
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