254. Regulation of the Federal Minister for Transport, Innovation and Technology on the conditions for the granting and maintenance of the air transport operator certificate ( AOC) 2008 (Air Operator Certificate-Regulation 2008-AOCV 2008)

On the basis of § § 21, 131 and 134 of the Aviation Act 1957, BGBl. No. 253, in the version of the Federal Law BGBl. I No 83/2008 is being prescribed:

1. General Part

Scope

§ 1. (1) This Regulation lays down the operational and technical bases for the Air Operator's Certificate (AOC) as a prerequisite for the granting of an operating licence for commercial air transport in the sense of: Council Regulation (EEC) No 2407/92 of 23 July 1992 on the granting of operating licences to air carriers OJ L 240, 24.8.1992, p. No. OJ L 240, 24.8.1992, p.1, as amended.

(2) An AOC may be issued or extended by the competent authority only if an undertaking meets the conditions laid down in this Regulation and in Annex III to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation No 373 of 31.12.1991 p. 4, as amended (in the following: "EU-OPS") or JAR-OPS 3, as amended in each case, and Regulation (EC) No 2042/2003 of 20 November 2003 on the maintenance of the airworthiness of aircraft and aeronautical products, parts and equipment and the granting of authorisations for organisations and persons carrying out such activities, OJ L 327, 31.12.2002, p. No. 1 and of the Civil Aviation Vehicle and Aeronautical Equipment Regulation 2005 (ZLLV 2005), BGBl. II No 424/2005, as amended. Interpretations and explanations of JAR-OPS 1 and 3 published by the competent authority and by the Joint Aviation Authorities are to be observed in the case of the detection procedure. The applicant may derogate from such interpretations and explanations in justified cases.

(3) Applications for exhibition and modification of an AOC shall be submitted to the competent authority. In the interest of aviation security, the AOC will be on a temporary basis for the duration of one year from its exhibition and thereafter to five years thereafter. In duly substantiated cases an extension may also be limited to a shorter period. The competent authority shall carry out a periodic review of the air carrier at regular intervals, but in any event before an extension.

(4) The authorisations granted under this Regulation and the provisions of the legislation referred to in paragraph 2 shall be without prejudice to any other provisions where the interests of the safety of the aviation sector are not in conflict. They shall be subject, in the interests of aviation safety, to a limited period or subject to conditions; they shall be revoked in the interests of the safety of aeronautics, if any of the conditions which have led to their grant are not or are not has been in place or has been infringed. The provisions of the General Administrative Procedure Act 1991, BGBl. No 51 shall remain in force in the current version.

§ 2. (1) Companies shall carry out their operations in accordance with the provisions of this Regulation and in accordance with the provisions of the legislation referred to in paragraph 2. They shall ensure the proper and safe operation of flight operations, in particular with regard to the transport service to be provided by them.

(2) The applicable version of the JAR-OPS 3 shall be published electronically by the competent authority in an airway in German language.

Derogations

§ 3. (1) The provisions of the Civil Aviation Vehicle Ambulance and Rescue Flight Ordinance (ZARV-1985), BGBl. No 126/1985, as amended, remains unaffected by this Regulation in the sense that it is not the EU OPS or JAR-OPS 3 provide for different rules.

(2) In the area of densely populated areas, outdoor gatherings and helicopter airfields with difficult environmental conditions, only flights with flight performance class I helicopters are permitted. Ambulance and rescue flights with helicopters are available from 1. January 2010 can only be used with helicopters operated in flight performance class I and which according to the construction regulations (Certification Sepcifications) CS 27 (or FAR 27)-Annex C, category A or according to CS 29 (or FAR 29).

(3) Insofar as the EU OPS or the JAR-OPS 3 references to the JAR-FCL, are the corresponding provisions of the Civil Aviation Personality Ordinance 2006 (ZLPV 2006), BGBl. II No 205/2006 in the current version.

Public authority

§ 4. The competent authority is Austro Control GmbH.

Organisation of air carriers

§ 5. (1) The air carrier shall be without prejudice to the provisions of the EU OPS and JAR-OPS 3

1.		in the Operations Manual (Operations Manual-OM), Part A, to appoint substitutes in addition to the required heads of department or to appoint a deputising agent in the organisation and
2.		to announce the other flight and technical staff in a staffing plan of the competent authority.

(2) The air carrier may carry out additional subdivisions within the organisational structure if the responsibilities and qualification requirements in the Operations Manual (OM) are appropriately regulated.

(3) If there are concerns about individual persons to be reported in accordance with paragraph 1, the competent authority shall prohibit the use of such persons or take any other measures to ensure that the safety of the flight operations or of the technical area is not shall be affected. If the use of a person to be reported in accordance with paragraph 1 is prohibited, in addition to the air carrier, the person concerned shall also have party status in this procedure.

(4) The air carrier shall ensure that responsible persons who do not have sufficient control of the German language are relevant statutory provisions, regulations and other permits, the use of which shall apply to: The safety of flight operations must be taken into account in a corresponding translation.

(5) instructions may only be issued by the heads of department, their deputists or by those specially authorised persons, and shall be documented accordingly.

(6) The competent authority may, on the basis of the operating conditions of the air carrier, require an additional subdivision of the organisational structure, if this is in the interests of the safety of the flight operations and its proper handling is required.

Flight Service Consultative Body

§ 6. (1) air carriers that plan flights (scheduled air services, charter chains) to be less than one hour between landing and departure (block time) of an aircraft crew or part thereof, or to carry out long-haul flight operations, have set up an air service advisory body within the framework of their organisation plan. This shall provide the crews concerned with all the documents necessary for the safe operation of the subsequent flights, including, in particular, on the outside offices of the air carrier, including by means of handling agents, or of another adequate organization.

(2) During the conduct of long-haul operations, the Flight Service Advisory Centre shall be staffed with suitably qualified personnel and the crew of the respective long-haul flight shall be occupied with all the information at its disposal, as far as they are relevant for the safe implementation of meaning (Flight Watch). This includes, in particular, the transmission of weather reports and forecasts for the area along the flight route, for the destination and the alternative airports, as well as the preparation of deviations resulting therefrom (Reroutings), information on the accidental failure of navigation or landing aids, the state or status of destination and alternative airports, and the assistance of the crews in the event of emergencies.

(3) The establishment of a flight service advisory body may not be established where, in carrying out flights referred to in paragraph 1, their tasks are carried out by a suitably qualified undertaking which is part of the quality assurance system of the An aeronautical undertaking shall be verified and the competent authority has approved this procedure.

Declaration of consent

§ 7. (1) Persons employed in the fields of flight operations, maintenance systems, ground operations or crew training for activities which may have an impact on aviation safety, but not exclusively in this undertaking , all types of professional activities and the periods of service have to be known to all the companies concerned. The other professional activities may only be carried out if the air carrier or -in case of use in a number of airlines-the airlines concerned have agreed to the written consent. Such consent may only be granted if it is ensured that the personnel in question comply with the flight, service and rest time arrangements defined in the respective Operations Manual (OM). The staff in question shall be obliged to confirm in writing to the air carriers concerned that they comply with these provisions.

(2) The air carrier shall be responsible for ensuring that flight, service and rest periods, including taking into account the activities carried out outside the air carrier, are regulated by the personnel of the flight (§ 13 (1)); is complied with.

(3) pilots who carry out other professional activities but who do not demonstrate compliance with the necessary rest periods for the air carriers concerned; flights carried out outside the air carriers concerned shall not be used in commercial flight operations.

Manuals (Manuals)

§ 8. (1) The air carrier shall draw up, in accordance with the provisions referred to in Article 1 (2), manuals, brothbooks and records in German or English and shall submit it for approval by the competent authority. Individual parts of the handbooks can be created in the respective other language. The operating manuals have to include a procedure for the regular verification of compliance with the statutory provision in the form of a list of compliance ("compliance checklists"). Any amendments and additions to the operating manuals which are not subject to authorisation shall be notified to the competent authority.

(2) Amendments to the minimum equipment list, which are made on the basis of a procedure approved by the competent authority, shall be subject to authorisation only if these changes concern a new type of use or navigation or administrative requirements.

(3) The Operations Manual (OM) shall contain the flight, service and rest-time arrangements for the flying staff, which are standard in section Q of the EU OPS or in Annex 1 or 2 of this Regulation.

Leasing of aircraft

§ 9. (1) The operation of an aircraft not registered in the AOC of the air carrier shall be subject to authorization by the competent authority, without prejudice to other provisions of this Regulation.

(2) If aircraft are to be used in accordance with paragraph 1, including their crew, to cover temporary needs in the air carrier (wet lease), their keeper or owner must have a corresponding Air operator's certificate. The leasing air carrier has to demonstrate that the incoming air carrier in question bears the operational and maintenance responsibility for the operation of the holding.

(3) If aircraft are to be operated (dry lease) in accordance with paragraph 1 in the aeronautical operation of the air carrier, the competent authority shall be required to demonstrate that the operational and/or operational conditions of the aircraft are: technical responsibility is fully borne by the air carrier. In the case of an aircraft registered abroad, it must be ensured that the flight operation and/or maintenance is subject to the full supervision of the competent authority and that the relevant foreign aviation authority of the competent authority is subject to the The procedure is in line with the procedure.

(4) In the leasing contracts referred to in paragraphs 2 and 3, the operational and technical responsibility may, with the agreement of the aviation authorities concerned, be regulated by way of derogation from the provisions of paragraphs 2 and 3.

Renting of aircraft outside the scope of the EU OPS and JAR-OPS 3

§ 10. (1) The transfer to third parties of an aircraft used in the operation of an Austrian air carrier shall be without prejudice to other provisions of an authorization by the competent authority.

(2) The renting of an aircraft with a turbine drive to non-operating companies which are not in the possession of an operating licence shall be leased for reasons of road safety, without prejudice to the Possession of an aircraft rental permit in accordance with § § 116 ff Aviation Act, inadmissible.

(3) Aircraft used in the operation of the air carrier shall be used for flights outside the operating licence, such as for private flights, check flights, test flights, etc. used by pilots who do not appear in the staffing plan in accordance with Article 5 (1) (2) (2) (2), a release certificate within the meaning of JAR 145/of Part 145 shall be issued prior to their re-use in the commercial air transport of the air carrier; Certification of maintenance, or-if this is possible without compromising safety-the flight clarity of the aircraft in question, according to one of the manual for the management of the maintenance of airworthiness (CAME) shall be established.

(4) Any aircraft used in the operation of the air carrier may, without prejudice to the possession of a training permit (civil aviation school), for reasons of road safety, training (training, training and retraining, and the like) of: If an operating pilot with appropriate pattern authorization is present in the cockpit, it is only possible to use foreign equipment.

Reporting requirements

§ 11. Without prejudice to the reporting obligations laid down in other provisions, the competent authority shall be notified by the air carriers of results of proficiency checks in accordance with § 14 with a negative result.

2. Special Part

A. Air operations

Tickets (tickets)

§ 12. (1) Only persons for whom a ticket is issued, including in electronic form (ETIX), may be transported on the basis of which the liability obligations arising from the contract of carriage shall be drawn up in an appropriate manner. Rescue flights within the meaning of the Civil Aviation Vehicle Ambulance and Rescue Flight Ordinance (ZARV-1985) are excluded from BGBl. No 126/1985, as amended.

(2) Control of the presence of air tickets for persons carried by the air carrier shall be the responsibility of a representative appointed by the air carrier or the pilot responsible. The tickets issued by the air carrier shall be numbered consecutively and shall be issued on the name of the person being transported. The air carrier must be able to demonstrate under which serial number it has issued a ticket for a given person for a given flight.

(3) The issuing of collection tickets shall be permitted if they contain the information required for individual tickets on the liability obligations and the persons being transported are listed in particular.

(4) If flights are carried out outside the operating licence of the air carrier, the persons being transported shall be shown to be informed by the pilot responsible of the flight that it is not a commercial flight. in the framework of the air carrier.

(5) Documents relating to the issue of flight certificates and evidence in accordance with paragraph 4 shall be kept for a period of at least three years.

Flight operations personnel

§ 13. (1) The air carrier has a sufficient number of examiners to carry out a safe and orderly flight operations, or -to provide, where applicable, flight instructors, responsible pilots, co-pilots and, where necessary, on-board technicians, flight attendants and other air-service personnel.

(2) The air carrier shall demonstrate to the competent authority that the number of examiners sufficient to ensure the proper performance of the necessary checkflights is available to the undertaking.

(3) The responsible pilot deployed by an air carrier for helicopters, as well as all pilots carrying out external load transport, must be without prejudice to the provisions of JAR-OPS 3 and civil aviation-Staff Regulation 2006 (ZLPV 2006), BGBl. II No 205/2006, they meet the requirements of minimum qualifications to be defined by the competent authority and to be circulated in an airfield manner.

§ 14. (1) The pilots intended for use in air carriers shall have BGBl, without prejudice to the provisions of the Civil Aviation Staff Regulation 2006 (ZLPV 2006). II No 205/2006, as amended, prior to its first application, a review flight in the form of a proficiency check and, as a result, a half-yearly on each aircraft pattern on which they are used in the company, Proficiency check under the supervision of a tester or helicopter flight instructor (reviewer for FCL 2) to be carried out satisfactorily.

(2) The pilots provided for use on motor aircraft of flight performance class B in accordance with visual flight rules shall, before their first use and subsequently, on an annual basis on the aircraft design used in the undertaking, take the form of a test flight in the form of: a proficiency check, without taking into account the significant parts for instrument flights, under the supervision of an engine airplane instructor.

(3) Where the air carrier uses aircraft of flight performance class A or C or helicopter of flight performance class 1, 2 or 3, the flight shall be checked prior to the use of the respective pilot in accordance with paragraph 1 in the air carrier, as well as the Proficiency-Checks either on a synthetic exercise machine whose use has been approved by the competent authority, or on an aeroplane or Helicopter of the relevant sample.

(4) Where a proficiency check is carried out in accordance with paragraph 3 on a synthetic training device of a training or training company approved by the competent authority, using the staff there, the examiners shall be of the to inform air carriers of their operational procedures. For the use of synthetic training equipment for training and training purposes, at the request of the air carrier, the competent authority shall, in the presence of the conditions laid down in the rules adopted in this respect by the JAA, be satisfied. (JAR-STDs) to grant an application approval (user approval).

(5) The agreement with the competent authority shall be established for the implementation of proficiency checks on aircraft which only have a pilot's seat and which are operated exclusively according to visual air traffic rules.

(6) In the flight operations of an air carrier, pilots shall be deployed on two or more aircraft models (Mixed Fleet Flying) where, in the event of a model authorization, large parts of an existing pattern authorization shall be used. (Cross Crew Qualification CCQ) or have completed a differential training approved by the manufacturer, may, by way of approval of the competent authority, differ from the provisions of Section 1 Proficiency-Checks shall take place alternately on the respective aircraft samples. In the course of the approval process, the Proficiency-Checkprogram shall be determined on the basis of the respective aircraft samples. The Provisions of Civil Aviation-Staff Regulation 2006 (ZLPV 2006), BGBl. II No 205/2006 shall remain unaffected.

(7) In the case of a negative result of a proficiency check, it shall be repeated within a period of at least one week, but not more than four weeks, under the supervision of another auditor, after the pilot in question is responsible for the deficiencies which have occurred. has been enlightening and has received retraining. Until the proficiency check is repeated, the affected pilot is to be withdrawn from the flight service. At the request of the pilot concerned, the auditor shall be named in the name of the examiner for the reexamination by the competent authority.

(8) The competent authority may, as the supervisory authority (§ 141 of the Aviation Act), carry out inspections of crew members by official control bodies. A seat in the cockpit or a seat suitable for the performance of these control tasks, or a seat in the synthetic exercise equipment, shall be provided for official inspections in the flight.

(9) The Division Head of Flight Operations or of this specially authorised pilot with the appropriate class or model authority shall carry out inspections of the flight operator in the flight, even without prior notification of the announcement of the flight. and keep records of it.

(10) The air carrier shall be responsible for ensuring that the operating personnel comply with the provisions relevant to the operation of the aircraft, such as, in particular, the flight, service and rest periods as set out in Annex 1 and 2.

§ 15. (1) If an air carrier proves that there is no suitable training personnel suitable for training the necessary operational and technical personnel from a Member State of the European Union, , may be used for a period of not more than six months as a flight instructor and examiner or technical training personnel from a non-EU Member State. This staff must be the holder of a foreign authority equivalent to the Austrian authorities.

(2) The use of training personnel not originating in a Member State of the European Union shall be subject to authorisation by the competent authority.

Special provision for helicopters

§ 16. (1) The competent authority may authorise air carriers, in justified cases, for the exclusive transport of external loads with helicopters, exemptions from certain parts of JAR-OPS 3. In the case of external flights and landings (§ 9 of the Aviation Act), which are carried out by day, the starting and landing place shall be equal to at least two rotor diameters in length and two rotor diameters in the width of persons and property can be kept free. In the case of external flights and landings at night, it shall be provided for a length of at least two rotor diameters in width and four rotor diameters in length. In the immediate vicinity of inhabited areas or a collection of human beings, this must also be carried out in the extent of at least 50 m in length and 40 m in width. When the pilot is received by radio or by hand signs, these barriers can be reduced by half, if this does not endanger the safety of the flight operation. The prohibition on entering the demarsed areas by unauthorised persons must also be indicated by means of taboo boards. If a flight lever is used as the help of the pilot, the pilot is to be lecturing about the dangers and the correct behavior at start and landing. These restrictions do not apply to ambulance and rescue flights. The start and landing must be done in such a way that neither persons nor things are endangered even in the event of a possible false start.

(2) The simultaneous carriage of persons and goods is only permissible if the goods transported are firmly connected to the helicopter or are secured against changes in position in a suitable manner. If goods are transported as underloads (external loads), only those persons who are suitable for the transport may be carried. The pilot has to check the operability of the suspension device before the start (functional test). It is prohibited to carry loads with non-collapsible suspension devices. The pilot decides on the safe execution of the suspension of the loads and gives the necessary instructions to the personnel entrusted with the loading. The pilot must not start until signs have been issued by the flight helper for a safe start-up. The pilot has to choose the flight in such a way that, in the event of a possible triggering of the suspension device during the flight, the load falling down does not endanger either persons or property on the ground.

In the case of multi-load transport with cargo placed on the side of the cabin or supplied in nets, as well as charges in the cabin, the pilot shall give precise instructions, such as the load on the lateral leeders, in the transport networks and in the transport networks, and in the transport networks. to secure, distribute and secure the cabin safely.

B. Maintenance

Technical Organization

§ 17. The provisions of Regulation (EC) No 2042/2003 of 20 November 2003 on the maintenance of the airworthiness of aircraft and aeronautical products, parts and equipment and the granting of authorisations for: Organisations and persons carrying out these activities, OJ L 327, 28.4.2002, No. OJ L 315, 28.11.2003, as amended by S.1 and the Civil Aviation Vehicle and Aeronautical Equipment Regulation 2005 (ZLLV 2005), BGBl. II No 424/2005, as amended, should be applied.

Operational Notes

§ 18. General aviation safety or operational requirements in the interest of aviation safety are the responsibility of the competent authority by means of operational instructions and instructions in the field of air travel To prescribe and make documents electronically by electronic means.

Aircraft

§ 19. An aircraft may only be used in the air carrier if all the requirements according to § 9 as well as in accordance with § § 12, 15, 18 and 24b of the Aviation Act are fulfilled.

C. Special measures

§ 20. The competent authority shall, if necessary with a reasonable period of time, provide an air carrier with additional operational or technical measures where this is necessary in the interests of aviation safety is.

(2) The failure to comply with the obligations set out in this Regulation shall result in the invalidity of the AOC. The competent authority may, on its own account, issue an order for a notice of arrest. In this case, the return of the AOC shall be required. In the event of invalidity of the AOC, the operating licence shall be revoked.

Personal names

§ 21. In the case of the personal names used in this Regulation, the chosen form shall apply to both sexes.

entry into force

§ 22. (1) This Regulation shall enter into force on 16 July 2008.

(2) With the entry into force of this Regulation, the Regulation on the conditions for the issuing of the Air Operator Certificate (AOC) 2004 (Air Operator Certificate-Regulation 2004-AOCV 2004), Federal Law Gazette (BGBl). II No 425/2004, except for force.

(3) The one according to the AOCV 2004, BGBl. II No 425/2004, issued air transport operators retain their validity within the limits of their respective freezing conditions.

Faymann