First Regulation Implementing The General Regulations For Aviation Equipment (Implementing Rules To Annex Iii - Eu-Ops - Of Regulation (Eec) No. 3922/91.

Original Language Title: First Regulation implementing the General Regulations for aviation equipment (implementing rules to Annex III - EU-OPS - of Regulation (EEC) No 3922/91.

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First Regulation implementing the operational regulations for aeronautical equipment (Application provisions of Annex III-EU OPS-Regulation (EEC) No 3922/91) (1). DV LuftBO)

Non-official table of contents

1. DV LuftBO

Date of departure: 10.06.2008

Full quote:

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

footnote

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

Non-Official Table of Contents

Input Formula

Based on § 32 (1) sentence 1 no. 1, para. 3 sentence 2, para. 4 no.1 and para. 3 sentence 3 of the Air traffic law in the version of the notice of 10. May 2007 (BGBl. 698) in conjunction with § 56 of the Operating Regulations for aeronautical equipment of 4. March 1970 (BGBl. 262), as last amended by Article 1 (12) of the Regulation of 29 June 1994. July 1998 (BGBl. I p. 1989), the Federal Aviation Administration is responsible for: Non-official table of contents

§ 1 Scope

(1) This Regulation shall apply to the 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 relate to Annex III to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the Official Journal of the EU, as announced in the Official Journal of the European Union. Civil aviation in the version in force.(3) For the purposes of this Implementing Regulation, the definitions of OPS 1.1095 shall apply. Non-official table of contents

§ 2 Emergency equipment
(to OPS 1.005 para. b and § 19 para. 2 LuftBO)

(1) The fire protection in the passenger, freight and Crew rooms must be in line with the state of the art. The supervisory authority may grant derogations provided that the safety of passengers, crew members and operations is ensured.(2) The emergency exits for passengers and crew members, access to emergency exits, markings and signs of emergency exits, including lighting, cabin emergency lighting and external emergency lighting must be at the level of the Technology. The approval authority may grant derogations provided that the safety of passengers, crew members and operation is ensured. unofficial table of contents

§ 3 Accident Prevention and Flight Safety Program
(to OPS 1.035 and 1.037)

(1) Up to 1. On 1 January 2009, an operator must introduce a Safety Management System (SMS) as part of the accident prevention and flight safety programme, as required by the Supervisory Authority, and are maintained.(2) The security management system must:
1.
Identify hazards,
2.
ensure the implementation of the measures required to achieve the targeted security targets,
3.
a continuous Monitoring and regular assessment of the safety level achieved (Safety Level),
4.
To continuously improve the overall safety level,
5.
the security awareness within the organization of the operator.
(3) In order to achieve these goals, the security management system must merge at least the following elements:
1.
a strategy of the company Warranty and improvement of the security level,
2.
the hazard awareness program in accordance with OPS 1.037 para. a No. 1,
3.
the program for reporting operational incidents according to OPS 1.037 Section a No. 2,
4.
The evaluation and publication of the relevant information on accidents and incidents according to OPS 1.037 para. a No. 3,
5.
the flight data analysis program for aircraft with more than 27,000 kilograms maximum permissible exhaust mass (MCTOM) according to OPS 1.037 para. a No. 4,
6.
the application of procedures for the systematic collection, assessment and control of risks (risk management) including detection, evaluation and Reduction measures.
(4) responsibilities and reporting procedures for aviation safety issues must be clearly defined and documented in the entire organisation of the aviation operator. In particular, the operator must ensure the following:
1.
A person corresponding to the regulatory requirements must be designated for the implementation and promotion of the program in accordance with OPS 1.037 para. 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 actions will be reviewed.
2.
The responsible manager must have the ultimate responsibility for all issues relating to aviation safety.
(5) All The components and processes of the safety management system must be described in the operating manual according to OPS 1.1045 of the aviation operator. Non-official table of contents

§ 4 Access to the guide room
(to OPS 1.100 para. a No. 3)

(1) The Operations Manual has access to the To establish a person in the cab that persons in accordance with OPS 1.100 (a) No. 3 are entitled to access only if they have been granted a responsible operating staff of the operator designated in the Operations Manual Bring forward the power of access to the leadership.(2) This authority shall only be issued to persons who are members of air carriers, airports, air navigation and safety institutions and whose stay or transport in the cab is intended to fulfil their obligations. Tasks are required. The authority to access the driver's room shall be kept for at least three months.(3) By way of derogation from paragraph 2, an access authorisation for a flight may also be granted for other persons with the written consent of the head of the department of flight or of a representative authorised to do so by the head of the department. . Non-official table of contents

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

In the Federal Republic of Germany Germany may operate aeroplanes of categories A and B in accordance with Appendix 2 to OPS 1.430 (c) in airspace of airspace class G for flight views up to 3,000 metres, provided that the airspeed indicated (IAS) is 140 Nodes or less. unofficial table of contents

§ 6 Restraint systems for infants
(to OPS 1.730)

The Federal Aviation Office is examining whether restraint systems are to be backed up of small children are designed to meet the requirements of OPS 1.730 and ensure the safety of the child and of the rest of the passengers. Non-official table of contents

§ 7 Maintenance rules for air carriers with an operating permit for commercial sightseeing flights
(to OPS 1.875)

For airlines which have an operating licence for commercial sightseeing flights pursuant to Section 20 (1) (1) of the Air Transport Act, M.A.201 (i) of Annex I to Commission Regulation (EC) No 2042/2003 of 20 May 2003 is the Commission of the European Parliament and of the Council of 20 June 2003 on the application of the aviation legislation. 13 November 2003 (OJ L 327, EU No OJ No L 315, 28. 1), as last amended by Commission Regulation (EC) No 707/2006 of 8 November 2006. May 2006 amending Regulation (EC) No 2042/2003 as regards temporary authorisations and Annexes I and III (OJ L 201, 31.7.2006, p. EU No OJ No L 122, 9. 171), unofficial table of contents

§ 8 flight and service time limit
(to OPS 1.1100)

(1) The maximum allowed calendar service time is 2,000 hours. In the case of employment not all year round, the maximum service period shall be reduced proportionately.(2) The maximum permissible calendar annual service period shall be equally over the year.(3) Without prejudice to the statutory annual leave, the crew members shall receive in advance known service-free days (local days) which the crew members can spend on their home base. The local days may include the prescribed rest periods. There must be no willingness on local days.(4) Per 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 people. Unofficial table of contents

§ 9 Maximum uninterrupted service time
(to OPS 1.1105)

(1) The following service times may be the sum of at the beginning of the service period, the maximum permitted flight service time in accordance with OPS 1.1105 or the maximum permitted flight duty time in accordance with § 10 shall not exceed:
1.
flight duty times,
2.
service hours before air services and
3.
Hours of service between air services.
(2) If, in the sum referred to in paragraph 1, there is an uninterrupted pause of at least two hours, and the crew member has a quietly located room during that period, Where there is a sleeping opportunity, the maximum period referred to in paragraph 1 shall be replaced by a period of 14 hours.(3) The measures referred to in paragraphs 1 and 2 shall not apply if a rest period is in accordance with OPS 1.1110 No 1 between service hours.(4) The period of service shall be limited to 14 hours between two rest periods, 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 that does not form 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 time referred to in paragraph 2, § 11 or § 14 shall apply.(6) In the cases of § 11 and § 14, the sum of the service periods shall not exceed the maximum permissible times mentioned there. In this case, positioning times remain unaccounted for after the last flight cut.(7) On-call time following a rest period, which shall be counted as rest periods in accordance with § 15, shall not be considered to be 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 exclusively of a positioning. Non-official table of contents

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

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

§ 11 Broken flight service time
(to OPS 1.1105)

(1) If the flight service time is based on OPS 1.1105 or § 10, the flight service time is scheduled to be shall be interrupted by a break at the floor of at least three hours and shall be available to the crew member during the break in the immediate vicinity of the airfield, a quietly situated room with a sleeping opportunity, shall be entitled to the continuous service period are extended to up to 18 hours.(2) If the service times exceed the maximum permitted daily flight duty times in accordance with OPS 1.1105 or § 10, the following measures shall apply:
1.
Each flight crew member shall not be allowed to carry an aircraft for more than ten hours; and
2.
No more than two landings may be planned within the flight service after the break.
3.
In each seven consecutive days, no more than two air services may be required in accordance with paragraph 2.
4.
Air services pursuant to § 11 para. 2 and § 14 may not be performed within seven consecutive days.
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§ 12 rest period-consideration of time zone differences
(to OPS 1.1110 No. 1.3)

Consists between the location of the flight service's presence and the location of the Termination of the flight service (places of use) a time zone difference of four or more time zones, 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 is to be calculated by multiplying the number eight by the time zone difference 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. The rates 2 to 5 shall apply as a result of a return to the home base as a non-serving crew member. Non-official table of contents

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

(1) The supervisory authority may be If there are important reasons for the reduction of the rest period, derogations from the provisions of § 12 and in accordance with OPS 1.1110 No. 1.4.1 may be permitted. 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 shortening the rest period may be, in particular:
1.
Unenforceability of a flight in compliance with the prescribed rest periods,
2.
The absence of suitable aerodros for Intermediate landings,
3.
Adverse effects on the overall burden on crew members while complying with the prescribed rest periods,
4.
disproportionately high additional effort on certain flights in compliance with the
() reductions in the rest periods referred to in paragraph 1 shall be permitted only if the increased burden on the crew is balanced and a risk to the safety of air transport is excluded.(4) When examining 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, routes and Aerial vehicle pattern experience,
3.
the number of ports of call,
4.
other circumstances affecting the load on the crew.
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§ 14 extension of flight service time due to a rest period during flight
(to OPS 1.1115)

(1) The supervisory authority may submit a written request for a Allow the two-time extension of the flight duty period to OPS 1.1105, no. 1.3 or § 10, within seven consecutive days, within seven consecutive days, if the prescribed minimum flight crew 1.1095 No 1.1, and sleeping opportunities are provided 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) When examining 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, routes and Aerial vehicle pattern experience,
3.
the number of ports of call,
4.
other circumstances affecting the load on the crew.
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§ 15 readiness
(to OPS 1.1125)

(1) standby time is to be counted as flight service time, if standby time and flight service time are not due to Rest period after OPS 1.1110 is interrupted and
1.
either the crew member is not available in a quietly located room with a sleeping opportunity during the standby time,
2.
or the crew member during the rest period. there is a quietly situated space with a sleeping opportunity, but the standby time is less than 2 hours, unless on-call time is completed following a rest period.
(2) If the crew member has a quietly located room with a sleeping opportunity, the standby time can be considered as a break.(3) On-call time following a rest period in which the crew member has an opportunity to sleep in his/her own apartment or a corresponding accommodation, the entrepellant may be credited as a rest period. The same applies to a corresponding stand-by time prior to a rest period. Non-official table of contents

§ 16 Training programs
(to OPS 1.1240)

The competent authority approves a training program for the Air safety. The program for the crew members must include at least the following content:
1.
the development of expertise to assess the impact of an unlawful interference in air traffic,
2.
the training the understanding and cooperation of the crew members among themselves,
3.
the exercise of appropriate self-defense measures,
4.
the exercise of the handling of non-lethal, for the crew, and
5.
the provision of competence for the analysis of the behaviour of aircraft owners,
6.
realistic exercises for situational knowledge of different threat states,
7.
the training of the driver room procedure for the protection of the aircraft,
8.
the exercise of procedures for the planning of the 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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§ 17 Entry into force, expiry date

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