Amendment Of Air Operator Certificate Regulation 2008

Original Language Title: Änderung der Luftverkehrsbetreiberzeugnis-Verordnung 2008

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_II_200/BGBLA_2014_II_200.html

200th regulation of the Federal Minister for transport, innovation and technology, with which the air operator certificate regulation is amended 2008

On the basis of § 131 of the Aviation Act, Federal Law Gazette No. 253/1957, as last amended by the Federal Act Federal Law Gazette I no. 108/2013, is prescribed:

The AOC regulation 2008, Federal Law Gazette II No. 254, as last amended by the regulation BGBl. II No 78/2013, is amended as follows:

1. in the title is the word "concerning" the phrase "provisions on flight operations, as well as" inserted, as well as in the bracket expression, the word "AOC" replaced "Air operator certificate and flight operating" by the phrase.

2. According to the clause of the promulgation, following subdivision together with heading shall be inserted:

"Article 1

Air operator certificate"

3. in article 1, paragraph 1, the phrase "This regulation" by the phrase "This section" and the name is "Regulation (EC) no 1008/2008" by the designation "(EC) no 1008/2008" replaced.

4. According to section 20a, the following section 2 shall be inserted:

"Part 2

Other flight operations

Scope of application

Article 20 b. In this section certain operational regulations for specified types of aircraft will not be these, as far as the part of air carriers (§ 101 Z 1 aviation law) used are set.

Union legal provisions

§ 20c. (1) as far as provisions about the non-commercial air transport operations with aircraft, helicopters, balloons and gliders (NCO) and technically complex motor-powered aircraft (NCC), as well as on the implementation of flight training within the framework of training facilities in the Regulation (EU) No. 965/2012 amended the Regulation (EU) No. 800/2013 amending Regulation (EU) No. 965/2012 establishing technical requirements and administrative procedures in relation to the operations referred to in Regulation (EC) No. 216/2008 of the European Parliament and of the Council , OJ No. L 227 of the 24.08.2013 S. 1, are set, these are, as far as in para 2 nothing else set, to apply from August 25, 2016.

(2) in accordance with article 10 (3) of Regulation (EU) No. 965/2012 amended the Regulation (EU) No. 800/2013 set: 1. statements on the ability and means for the fulfilment of the responsibilities associated with the operation of aircraft referred to in article 5 (3) of Regulation (EU) No. 965/2012 amended the Regulation (EU) No. 800/2013, as well as applications for special permits in accordance with annex V (part SPA) and applications on licensing of annex VI (part-NCC) the Regulation (EU) No. 965/2012 amended the Regulation (EU) No. 800/2013 are from the 25th December 2015 and no later than February 25, 2016 at Austro Control GmbH to bring. The Austro Control GmbH has receipt these declarations or requests to all associated with the non-commercial air transport company with aircraft, helicopters, gliders and balloons, as well as technically complex motor-powered aircraft and helicopters the Regulation (EU) No. 965/2012 amended the Regulation (EU) No 800/2013 shall apply;

2. Austro Control GmbH can cost-effectiveness and practicality set by means of operational airworthiness notice in accordance with the public interest in the safety of aviation, as well as the principle of parsimony, that Regulation (EC) no 965/2012 as amended by the Regulation (EU) No. 800/2013 entirely or partially already prior to the period referred to in subpara 1 or before August 25, 2016 shall apply. Statements about the ability and means to the fulfilment of the responsibilities and/or applications for the granting of permits in accordance with the Regulation (EU) no 965/2012 as amended by the Regulation (EU) No. 800/2013 may to the extent laid down in the operating efficiency note and at specified time of Austro Control GmbH are placed in the operating efficiency note. From the time of the introduction of a statement about the ability and means to meet the responsibilities or an approval pursuant to the Regulation (EU) No. 965/2012 amended the Regulation (EU) all with these permissions in the associated other provisions of Regulation (EU) No. 800/2013 are no 965/2012 as amended by the Regulation (EU) No. 800/2013 shall apply.

§ 20 d. (1) provisions concerning 1 the specialized flight operations (SPO), and 2. the commercial air transport operations (CAT) a) with aircraft of performance class B or not technically complicated helicopters on same airfield/location, starting and ending, or b) with balloons or gliders in the Regulation (EU) No. 965/2012 amended the Regulation (EU) No. 379/2014 amending Regulation (EU) No. 965/2012 establishing technical requirements and administrative procedures in the flight operations in accordance with Regulation (EC) 216/2008 of the European Parliament and of the Council, OJ No. No. L 123 of the 24.04.2014 S. 1, are set, these are, as far as in para 2 nothing else set, to apply from 21 April 2017.

(2) in accordance with article 10 paragraph 4 and 5 of the Regulation (EU) No. 965/2012 amended the Regulation (EU) No. 379/2014 is set: 1 declarations or applications for approval with regard to the specialized flight operations in accordance with article 1 paragraph 3 and 4 of Regulation (EU) No. 965/2012 amended the Regulation (EU) No. 379/2014, as well as applications of air operator certificate for commercial air transport operations (CAT) with aircraft of performance class B or not technically complicated helicopters , which begins and ends on the same aerodrome/location, or with balloons and gliders are from August 21, 2016 until no later than October 21, 2016 at Austro Control GmbH to bring. The Austro Control GmbH has all the specialized flight operations with the commercial air transport company with aircraft of performance class B or not technically complicated helicopters, which starts on the same aerodrome/location receipt of statements or requests and ends, or with balloons and gliders-related provisions of Regulation (EU) No. 965/2012 amended the Regulation (EU) No. 379 / 2014 to apply;

2. Austro Control GmbH can cost-effectiveness and practicality set by means of operational airworthiness notice in accordance with the public interest in the safety of aviation, as well as the principle of parsimony, that Regulation (EC) no 965/2012 as amended by the Regulation (EU) No. 379/2014 entirely or partially already prior to the period referred to in subpara 1 or before April 21, 2017 shall apply. Declarations and applications for the granting of authorisations or the exhibition of air operator certificate in accordance with the Regulation (EU) no 965/2012 as amended by the Regulation (EU) No. 379/2014 may to the extent laid down in the operating efficiency note and are brought from the date laid down in the operating efficiency hint of Austro Control GmbH. From the time of the introduction of a statement or the issue of an air operator certificate or an approval pursuant to the Regulation (EU) No. 965/2012 amended the Regulation (EU) all with these permissions in the associated other provisions of Regulation (EU) are no. 379/2014 no 965/2012 as amended by the Regulation (EU) No. 379/2014 shall apply."

5. the breakdown of "E. final provisions" is replaced by the following breakdown:

"Section 3

Final provisions"

6. in section 22, the following paragraph 5 is added:

"(5) the title, the name of subdivision 1, section including heading, § 1 ABS. 1, 2 section and the subdivision designation 3 section including headline each as amended the regulation Federal Law Gazette II No. 200/2014 with the day following the announcement in the Federal Law Gazette into force."

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