First implementing regulation on the operating rules for aeronautical equipment (implementing provisions in Annex III-EU OPS-Regulation (EEC) No 3922/91) (1). DV LuftBO)

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1. DV LuftBO

Date of completion: 10.06.2008

Full quote:

" First Regulation implementing the operational regulations for aeronautical equipment (Application provisions of Annex III-EU-OPS-Regulation (EEC) No 3922/91 of 10 June 2008 (BAnz. 2008 No 89 p. 2101) "

Footnote

(+ + + Text proof: 16.7.2008 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the   
 EEC-EEC 3922/91 (CELEX Nr: 31991R3922) + + +) 

  

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Input formula

Pursuant to section 32 (1) sentence 1 no. 1, subsection 3 sentence 2, para. 4 no.1 and para. 3 sentence 3 of the Air Transport Act as amended by the notice of 10 May 2007 (BGBl. 698) in conjunction with § 56 of the Operating Regulations for Aviation Equipment of 4 March 1970 (BGBl. 262), as last amended by Article 1 (12) of the Regulation of 29 July 1998 (BGBl I). I p. 1989), the Federal Aviation Office (Bundesamt) is responsible for: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to the operation of civil aircraft for the commercial transport of persons and property by air carriers. (2) The references to OPS contained in this Regulation shall refer to the references in the Official Journal of the EU Annex III to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, as amended. (3) For the purposes of this implementing Regulation the definitions of OPS 1.1095 shall apply. Unofficial table of contents

§ 2 Emergency equipment
(on OPS 1.005 (b) and § 19 (2) LuftBO)

(1) Fire protection in the passenger, cargo and crew rooms must be in accordance with the state of the art. The supervisory authority may allow exceptions provided that the safety of passengers, crew members and operations is ensured. (2) The emergency exits for passengers and crew members, the access to the emergency exits, the emergency exits, the Markings and signs of emergency exits, including lighting, cabin emergency lighting and external emergency lighting shall be in accordance with the state of the art. The approval authority may grant derogations provided that the safety of passengers, crew members and operations is ensured. Unofficial table of contents

§ 3 accident prevention and flight safety programme
(on OPS 1.035 and 1.037)

(1) Until 1 January 2009, an operator must introduce a Safety Management System (SMS) as part of the accident prevention and flight safety programme, according to the requirements of the supervisory authority. (2) The security management system must:

1.

Identify hazards,

2.

ensure the implementation of the measures necessary to achieve the security objectives pursued,

3.

ensure continuous monitoring and regular assessment of the safety level achieved,

4.

be designed to continuously improve the overall level of security,

5.

promote the safety awareness within the organisation of the operator.

(3) In order to achieve these objectives, the security management system shall bring together at least the following elements:

1.

a strategy of the company to ensure and improve the security situation;

2.

the risk awareness programme in accordance with OPS 1.037 para. a No. 1,

3.

the programme for the reporting of operational incidents in accordance with OPS 1.037 para. a No. 2,

4.

the evaluation and publication of the relevant information on accidents and incidents in accordance with OPS 1.037 para. a. 3,

5.

the flight data analysis programme for aeroplanes with more than 27,000 kilograms of maximum exhaust mass (MCTOM) in accordance with OPS 1.037 para. a No. 4,

6.

the application of procedures for the systematic collection, evaluation and control of risks (risk management), including identification, evaluation and reduction measures.

(4) The responsibilities and reporting channels for aviation safety issues must be clearly defined and documented throughout the entire organisation of the aviation operator. In particular, the operator shall ensure:

1.

A person corresponding to the official requirements must be determined for the implementation and promotion of the programme in accordance with OPS 1.037 (a) No. 5. This person must report directly to the manager responsible and be responsible and responsible in order to ensure that the tasks and functions described in paragraphs 2 and 3 are properly carried out and that the The effectiveness of the selected and corrective measures selected will be reviewed.

2.

The responsible manager must have the final responsibility for all questions relating to aviation safety.

(5) All components and processes of the safety management system must be described in the operating manual according to OPS 1.1045 of the aviation operator. Unofficial table of contents

§ 4 Access to the driver's room
(on OPS 1.100 (a) (3))

(1) The Operations Manual shall specify that persons in accordance with OPS 1.100 (a) No. 3 are entitled to access only if they are responsible for any of the responsible persons designated in the Operations Manual, as regards access to the cab. (2) This executive authority access authority may be issued only to such persons who are air carriers, airports, air navigation services, and Flight safety institutions and their stay or transport in the driver's room The performance of their duties is required. The authority for access to the cab must be kept for at least three months. (3) By way of derogation from paragraph 2, other persons may, in individual cases, also have the written consent of the head of the department of flight operations or of a person authorized for this purpose. Representative of this head of department shall be granted an access authorisation for a flight. Unofficial table of contents

§ 5 Minimum views for flight operations by visual flight rules
(Annex 1 to OPS 1.465)

In the Federal Republic of Germany, aeroplanes of categories A and B pursuant to Appendix 2 to OPS 1.430 (c) may be operated in airspace class G for aerial views of up to 3,000 metres, provided that the displayed Flight speed (IAS) is 140 knots or less. Unofficial table of contents

§ 6 restraint systems for infants
(on OPS 1.730)

The Federal Aviation Office is examining whether restraint systems for the safety of young children are designed to meet the requirements of OPS 1.730 and ensure the safety of the child and the rest of the passengers. Unofficial table of contents

Section 7 Maintenance provisions for air carriers with an operating licence for commercial sightseeing flights
(on OPS 1.875)

For air carriers which have an operating licence for commercial sightseeing flights in accordance with Article 20 (1) (1) of the Air Transport Act, M.A.201 (i) of Annex I to Commission Regulation (EC) No 2042/2003 of 20 November 2003 (OJ L 327, 31.12.2003, p. EU No 1), as last amended by Commission Regulation (EC) No 707/2006 of 8 May 2006 amending Regulation (EC) No 2042/2003 as regards fixed-term authorisations and Annexes I and III (OJ L 327, 30.12.2006, p. EU No L 122 of 9 May 2006, p. 171). Unofficial table of contents

§ 8 Flight and duty time limit
(to OPS 1.1100)

(1) The maximum permissible calendar service period shall be 2,000 hours. In the case of non-year-old employment, the maximum period of service is to be reduced proportionally. (2) The maximum permissible calendar annual service period shall be made evenly over the year. (3) Without prejudice to the annual leave of the year Members of the crew shall be given in advance known service-free days (local days) which the crew members are able to spend on their home base. The local days may include the prescribed rest periods. There shall be no willingness to be prepared on local days. (4) Each calendar month at least seven local days shall be granted for at least 96 local days per calendar year. The entitlement to 96 local days in the calendar year shall be beyond the statutory annual leave. In the case of holidays, illness or part-time employment, the number of local days may be reduced proportionately. (5) Paragraphs 1 to 4 shall not apply to self-employed persons. Unofficial table of contents

§ 9 Maximum permissible uninterrupted service period
(on OPS 1.1105)

(1) The following service periods shall not exceed the maximum permitted flight service time in accordance with OPS 1.1105 at the beginning of the service period or the maximum permitted flight service time in accordance with § 10:

1.

flight duty times,

2.

Service hours before air services and

3.

Hours of service between air services.

(2) Where an uninterrupted break of at least two hours is included in the sum referred to in paragraph 1 and a quietly situated room with a sleeping opportunity is available to the crew member during that period, shall replace the (3) The measures referred to in paragraphs 1 and 2 shall not apply if there is a rest period in accordance with OPS 1.1110 No 1 between the hours of service. (4) The period of service is between two rest periods to 14 hours. , unless a higher service period is permitted in accordance with § § 11, 14 or OPS 1.1105 or OPS 1.1120. The maximum daily service time of 14 hours does not take into account:

1.

Positioning times after the last flight cut and

2.

Final work after the last flight service, which is not part of the flight service time.

(5) If the sum of the scheduled service periods between two rest periods according to OPS 1.1110 No 1 exceeds the maximum permitted daily flight service times in accordance with OPS 1.1105, § 10 or the period referred to in paragraph 2, § 11 or § 14 shall apply. (6) Cases of § 11 and § 14 may not exceed the maximum permissible times stated in these cases. In this case, positioning periods are not taken into account after the last flight cut. (7) On-call time following a rest period, which is counted as rest periods in accordance with § 15, shall not be considered as service periods within the meaning of paragraphs 1 to 6. (8) The measures referred to in paragraphs 1 to 6 shall not apply to services consisting solely of a positioning. Unofficial table of contents

§ 10 Maximum permissible daily flight duty time for flight operations with only one pilot and for emergency medical operations
(on OPS 1.1105)

(1) For flight operations with only one pilot and for emergency medical operations, the provisions in accordance with OPS 1.1105 apply accordingly. (2) In flight operations with only one pilot, the basically maximum daily flight service time is reduced to 10 hours, an extension in accordance with points 2.1 to 2.7 of the OPS 1.1105 shall be excluded in this case. Unofficial table of contents

Section 11 Underbroken flight duty time
(on OPS 1.1105)

(1) If the flight duty period in accordance with OPS 1.1105 or § 10 is interrupted by a break on the ground of at least three hours, the crew member shall be in a quietly located room during the break in the immediate vicinity of the airfield. In case of a sleeping opportunity, the continuous service period may be extended to 18 hours. (2) If the service times exceed the maximum permitted daily flight duty times according to OPS 1.1105 or § 10, the following measures shall apply:

1.

Each flight crew member shall not be allowed to carry and operate an aircraft for more than ten hours.

2.

Within the flight service no more than two landings may be planned after the break.

3.

Within seven consecutive days, no more than two air services may be provided in accordance with paragraph 2.

4.

Flight services in accordance with § 11 para. 2 and § 14 may not be provided within seven consecutive days.

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§ 12 Rest period-consideration of time zone differences
(on OPS 1.1110 No 1.3)

If there is a time zone difference of four or more time zones between the location of the flight service's presence and the location of the termination of the flight service (places of operation), the minimum rest period is increased to 14 hours. As soon as the time zone of the home base is reached in accordance with the flight services provided for in the first sentence, a rest period shall be granted after the first scheduled end of the flight service period, in accordance with the rates 3 and 4. A position on the home base may take place before this rest period is granted. The rest period shall be calculated by multiplying the number eight by the time zone difference which exists between the home base and the place of use with the largest time zone difference to the home base. A time zone difference of more than twelve time zones is not to be taken into account. For the determination of the time zone difference, the winter time of the respective places of use must be based. Sentences 2 to 5 shall apply as a result of a return to the home base as a non-service crew member. Unofficial table of contents

§ 13 Shortened rest periods in special cases
(on OPS 1.1110 Nos. 1.4.1 and 2.1)

(1) The Supervisory Authority may, upon written request, allow deviations from the provisions of § 12 and OPS 1.1110 No. 1.4.1 if there are important reasons for the reduction of the rest period. The minimum rest periods can be shortened by a maximum of two hours. A minimum rest period of ten hours must not be undershot. In addition, in the event of an important reason, the supervisory authority may allow a derogation within the meaning of OPS 1.1110 No. 2.1, sentence 2. (2) Important reasons for the reduction of the rest period may in particular be:

1.

The impenetrability of a flight in the event of compliance with the prescribed rest periods,

2.

Lack of suitable airports for stopover operations,

3.

Adverse effects on the overall burden on crew members on compliance with the prescribed rest periods,

4.

Disproportionately high additional costs for certain flights in case of compliance with the prescribed rest periods.

(3) Shortening of the rest periods referred to in paragraph 1 shall be permitted only if the increased burden on the crew is balanced and a danger to the safety of air transport is excluded. (4) In the event of an examination of the application, account shall be taken of:

1.

the operating equipment and the state of the aircraft used;

2.

the composition of the crew and their flight, route and aerial vehicle design experience;

3.

the number of stopover landings;

4.

other circumstances affecting the loading of the crew.

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§ 14 Extension of the flight duty period due to a rest period during the flight
(on OPS 1.1115)

(1) The supervisory authority may, upon written request, extend the flight service period in accordance with OPS 1.1105 No. 1.3 or § 10 up to a maximum permitted flight service time of 18 hours within seven consecutive days. if the prescribed minimum flight crew is increased in accordance with OPS 1.1095 No 1.1 and sleep opportunities are present in a room separated from the driver's room and the cabin, or another equivalent accommodation. Each flight crew member shall not be allowed to carry and operate an aircraft for more than 12 hours. Appropriate work breaks are to be provided for the cabin crew during the flight. For this purpose, rest seats are to be held. In addition, Section 13 (3) and (4) shall apply accordingly. (2) In case of examination of the application, account shall be taken of

1.

the operating equipment and the state of the aircraft used;

2.

the composition of the crew and their flight, route and aerial vehicle design experience;

3.

the number of stopover landings;

4.

other circumstances affecting the loading of the crew.

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§ 15 Readability
(on OPS 1.1125)

(1) On-call time shall be counted as flight duty time, if on-call time and flight duty time are not interrupted by a rest period in accordance with OPS 1.1110; and

1.

either the crew member is not available to sleep in a quietly located room during the on-call time,

2.

or the crew member is in a quietly located room with a sleeping opportunity during the time of stand-by, but the standby time is less than 2 hours, unless the time of the on-call time is followed by a rest period .

(2) If the crew member provides a quietly located room with a sleeping opportunity, the time of rest can be considered as a break. (3) On-call time following a rest period in which the crew member in his/her own apartment or an appropriate accommodation to sleep, can be credited by the entreprenter as a rest period. The same applies to a corresponding stand-by time prior to a rest period. Unofficial table of contents

§ 16 Training programmes
(on OPS 1.1240)

The competent authority shall, at the request of the competent authority, approve a training programme for air safety. The programme for crew members shall include at least the following content:

1.

the development of expertise to assess the impact of an illegal intervention in air transport,

2.

the training of the communication and cooperation between the crew members,

3.

the exercise of appropriate self-defence measures;

4.

the use of non-lethal, crew-specific and protective equipment for which a permit has been granted in accordance with Article 27 (4) of the Air Transport Act,

5.

to communicate competence to analyse the behaviour of aircraft owners,

6.

the realization of realistic exercises for the situational awareness of different threat states,

7.

the training of management procedures for the protection of the aircraft;

8.

the exercise of procedures for the scheduled search of the aircraft, including clues as to the place on the aircraft where the explosives found can be stored at the risk-poorest.

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Section 17 Entry into force, external force

(1) This Regulation shall enter into force on 16 July 2008. (2) At the same time, the First Regulation implementing the operational regulations for aeronautical equipment (equipment of aircraft) shall be adopted. and air carrier operations-(1. DV LuftBO) of 15 July 1970 (BAnz. No 131.of 22 July 1970 [Supplement 20/70], as last amended by Article 532 of the Regulation of 31 December 2002. October 2006 (BGBl. 2407), and the Fifth Implementing Regulation relating to the operational regulations applicable to aeronautical equipment (Application Regulations to the JAR-OPS1 German-Commercial Carriage of Persons and Things in Aircraft-5). DV LuftBO) of 12 July 2007 (BAnz. 7047).