Page 661 - UK Air Operations Regulations 201121

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~ Regulation NCO - ANNEX VII - Non-Commercial Operations with Non-Complex Motor Powered Aircraft
NCO.GEN.104 AMC1 Use of aircraft included in an AOC by an NCO operator
RESPONSIBILITIES OF THE NCO OPERATOR
The operator using the aircraft included in an AOC for operations performed in accordance with Part-
NCO should describe the following elements in its procedure required in NCO.GEN.104:
(a) the way in which the shifting of operational control is communicated, including how, when
and to whom the information is communicated;
(b) the means to ensure that the relevant personnel are instructed on the following:
(1) to contact the organisation responsible for the management of continuing
airworthiness of the aircraft of the AOC holder (CAMO or CAO) for any defect or
technical malfunction which occurs before or during the operation. The information
about any defect or malfunction should be transmitted to the CAMO/CAO of the
AOC holder before the aircraft is used for the next flight. The same information
should be confirmed by the entries in the aircraft technical log system; and
(2) to report any occurrence in accordance with the applicable rules and the internal
procedures; and
(c) the way in which the operator deals with failures and defects identified before the flight.
NCO.GEN.104 GM1 Use of aircraft included in an AOC by an NCO operator
SCOPE
As per SPO.GEN.005(b), operators performing non-commercial specialised operations with other
than complex motor-powered aircraft will comply with Annex VII (Part-NCO). Thus, such operators
are also covered by NCO.GEN.104.
NCO.GEN.104(c) GM1 Use of aircraft included in an AOC by an NCO operator
CONTINUING AIRWORTHINESS MANAGEMENT
In accordance with Annex I (Part-M) and Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, the
management of the continuing airworthiness of the aircraft by the CAMO/CAO of the AOC holder
means that the NCO operator has established a written contract as per Appendix I to Part-M or
Appendix I to Part-ML with this CAMO/CAO.
NCO.GEN.105 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 operational procedures and checklists are complied with 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, if applicable, as provided for in points NCO.IDE.A.105 or
NCO.IDE.H.105;
(iv) the mass of the aircraft and the centre of gravity location are such that the
flight can be conducted within limits prescribed in the airworthiness
documentation;
(v) all equipment, baggage and cargo are properly loaded and secured and an
emergency evacuation remains possible;
(vi) the aircraft operating limitations as specified in the aircraft flight manual
(AFM) will not be exceeded at any time during the flight; and
(vii) any navigational database required for PBN is suitable and current;
(5) not commencing a flight if he/she 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 his/her capacity 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;
and
(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.
(b) The pilot-in-command shall ensure that during critical phases of flight or whenever
deemed necessary in the interest of safety, all crew members are seated at their
assigned stations and do not perform any activities other than those required for the safe
operation of the aircraft.
(c) 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.
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