Page 660 - UK Air Operations Regulations 201121

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~ Regulation NCO - ANNEX VII - Non-Commercial Operations with Non-Complex Motor Powered Aircraft
Regulation

GENERAL REGULATION INFORMATION
Part-NCO
Name ANNEX VII - Non-Commercial Operations with Non-Complex Motor Powered Aircraft
Description Annex VII to 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

REGULATION ITEMS BY SECTION

SUBPART A GENERAL REQUIREMENTS (GEN)
Reference Description
NCO.GEN.100(b) GM1 Competent authority
DETERMINING THE PLACE WHERE AN OPERATOR IS RESIDING
For the purpose of Regulation (EU) No 965/2012, the concept of ‘place where the operator is residing’
is mainly addressed to a natural person.
The place where the operator resides is the place where the operator complies with his or her tax
obligations.
Several criteria can be used to help determining a person’s place of residence. These include, for
example:
(a) the duration of a person’s presence on the territory of the countries concerned;
(b) the person’s family status and ties;
(c) the person’s housing situation and how permanent it is;
(d) the place where the person pursues professional or non-profit activities;
(e) the characteristics of the person’s professional activity;
(f) the Member State where the person resides for taxation purposes.
NCO.GEN.101 Means of compliance
Alternative means of compliance to those adopted by the CAA may be used by an operator to
establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
NCO.GEN.103 Introductory flights
Introductory flights referred to in Article 6(4a)(c) of this Regulation when conducted in accordance
with this Annex, shall:
(a) start and end at the same aerodrome or operating site;
(b) be operated under VFR by day;
(c) be overseen by a nominated person responsible for their safety; and
(d) comply with any other conditions stipulated by the CAA.
NCO.GEN.104 Use of aircraft included in an AOC by an NCO operator
(a) An NCO operator may use other than complex motor-powered aircraft listed on an
operator's AOC to conduct non-commercial operations in accordance with this Annex.
(b) The NCO operator using the aircraft in accordance with point (a) shall establish a
procedure:
(1) clearly describing how operational control of the aircraft is transferred between the
AOC holder and the NCO operator, as referred to in point ORO.GEN.310 of Annex
III;
(2) describing the handover procedure of the aircraft upon its return to the AOC holder.
That procedure shall be included in a contract between the AOC holder and the NCO
operator.
The NCO operator shall ensure that the procedure is communicated to the relevant
personnel.
(c) The continuing airworthiness of the aircraft used pursuant to point (a) shall be managed
by organisation responsible for the continuing airworthiness for the aircraft included in the
AOC, in accordance with Regulation (EU) No 1321/2014.
(d) The NCO operator using the aircraft in accordance with point (a) shall ensure the
following:
(1) that every flight conducted under its operational control is recorded in the aircraft
technical log system;
(2) that no changes to the aircraft systems or configuration are made;
(3) that any defect or technical malfunction occurring while the aircraft is under its
operational control is reported to the organisation referred to in point (c) immediately
after the flight;
(4) that the AOC holder receives a copy of any occurrence report related to the flights
performed with the aircraft, completed in accordance with Regulation (EU) No
376/2014 and Regulation (EU) 2015/1018.
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