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 General Regulations for aviation equipment (implementing rules to annex III - EU-OPS - of Regulation (EEC) No. 3922/91 (1 DV LuftBO) copy 1 DV LuftBO date: 10.06.2008 full quote: "first regulation implementing the General Regulations for aviation equipment...") (application rules for Annex III - EU-OPS - of Regulation (EEC) No. 3922/91 of 10 June 2008 (Federal Gazette 2008 # 89 p. 2101) "footnote (+++ text detection from: 16.7.2008 ++ +) (+++ official notice of the legislative body to EC law: implementation of the EEC 3922/91 (CELEX number: 31991R3922) +++) input formula based on § 32 para 1 sentence 1 No.") 1, para 3 sentence... 2, para. 4 No. 1 and para. 3 sentence 3 of the Aviation Act in the version published on 10 May 2007 (Federal Law Gazette I, p. 698) in conjunction with § 56 of the General Regulations for aviation equipment of 4 March 1970 (Federal Law Gazette...) I, p 262), last amended by article 1 of Regulation No 12 of 29 July 1998 (Federal Law Gazette I p. 1989 has been changed), enacted the Federal Aviation Office: § 1 scope (1) this Regulation shall apply the operation of civil aircraft for commercial air transport of persons and goods by air carriers. (2) references in this regulation to OPS related to the announced in the EU official journal in annex III of Regulation (EEC) No.. 3922/91 on the harmonization of technical requirements and administrative procedures in civil aviation in its current version, (3) for the purposes of this implementing regulation, the OPS 1.1095 definitions apply. section 2 emergency equipment (for OPS 1,005 para.) B and § 19 para. 2 LuftBO) (1) the fire in the passenger, cargo and crew spaces shall comply with the prior art. The supervisory authority may permit exceptions, provided that the safety of passengers, crew members, and the operation is guaranteed. (2) the emergency exits for passengers and crew, the entrances to the emergency exits, the markings and location of emergency exits signs, including the lighting, the cabin emergency lighting and the exterior emergency lighting must comply with the state-of-the-art. The approval authority may grant exemptions, provided that the safety of passengers, crew members, and the operation is guaranteed. accident prevention and flight safety program (to OPS 1.035 and 1.037) § 3 (1), to operator with the requirements of the supervisory authority corresponding safety management system has until 1 January 2009 (safety management system - SMS) establish and maintain as part of the accident and flight safety program. (2) the safety management system must: 1 identify hazards, 2. ensure the implementation of the measures necessary to achieve the desired security objectives, 3. ensure continuous monitoring and regular assessment of safety be achieved prior (safety level) 4. geared to safety stand continuously, improve overall 5. promote safety awareness within the organization of the operator. To (3) in order to achieve these objectives, the safety management system must merge at least the following elements:... 1. a company's strategy to ensure and enhance the security state, 2. the program to ensure the risk of awareness in structures with OPS 1037 para a no.. 1, 3. The program pursuant to report operational incidents OPS 1037 para. A Nos. 2, 4, the evaluation and the publication of relevant information relating to accidents and incidents in last of with OPS 1037 para. A no. 3, 5. The flight data monitoring program for those airplanes with more than 27,000 kg maximum certificated take-off mass (MCTOM) prescribed in OPS 1037 para. A no. 4, 6, the implementation of procedures for systematic identification, evaluation and control of risks (risk management) including identification, evaluation and reduction measures. (4) the responsibilities and reporting lines for issues of aviation safety must be clearly defined and documented in the organization of the operator. In particular, the operator must ensure the following: 1. to appropriate person must meet the governmental requirements in structures with the implementation and promotion of the program OPS 1037 para a no.. 5 are determined... This person should report directly to the accountable manager and sufficiently responsible and responsible to ensure that the duties and functions set out in paragraphs 2 and 3 are carried out properly and the effectiveness of selected preventive and corrective measures is checked. . 2 the accountable manager shall have the final responsibility for all aspects of aviation safety. (5) all the components and processes of the safety management system got to be described in the operations manual in structures with OPS 1.1045 of the operator. Article 4 access to the cab (to OPS 1.100 para.) A no. (3) (1) the operations manual shall establish terms of access of people to the flight deck that persons referred to in OPS 1.100 para. A number are. 3 only entitled to access if they a batch of from the designated in the operations manual operating personnel of the operator responsible authority submit guide access management. (2) this guide access management authority may be issued only for those people, the air carriers, airports, air traffic management and aviation safety institutions belong to and their stay or transit for the flight deck to perform their duties is required. The flight deck access authority must be kept for at least three months. (3) Notwithstanding paragraph 2 may therefore be for other people on admission authority for a flight to be granted in individual cases with the written consent of nominated post holders flight operations or a duly authorized representative of this post holders. Article 5 minimum tables for flight operations under visual flight rules (on Annex 1 to OPS 1.465) in the Federal Republic of Germany shall aircraft in categories A and B in structures with Appendix 2 to OPS 1.430 letter c in airspaces of airspace class G in flight visibilities be operated down to 3,000 meters, provided that the able airspeed (IAS) is 140 knots or less. § 6 restraint system for small children (to OPS 1.730) the Federal Aviation Office checks whether restraint system for securing small children are so designed that they meet the requirements of OPS 1.730 and ensure the safety of the child and the rest of the passengers. § 7 maintenance requirements for air carriers with at operating license for commercial sightseeing flights (to OPS 1,875) for air carriers, in structures with § 20 para. 1 no. 1 of the Aviation Act have on operating license for commercial air tours, is MA201 point I of annex I to Regulation (EC) no. 2042 / 2003 of 20 November 2003 (OJ. EU no. L 315 of 28 November 2003, p. 1), as last amended by Regulation (EC) No.. 707 / 2006 of the Commission of 8 May 2006 Amen thing Regulation (EC) no. 2042 / 2003 as regards temporary approvals and annexes I and III (OJ. EU no. L 122 of 9 May 2006, p 171) apply. § 8 flight and duty time limitation (to OPS 1.1100) (1) the maximum permissible annual calendar service is 2,000 hours. In no year round employment, the maximum period of service is to a pro-rata. (2) the maximum annual calendar service should be made George throughout the year. (3) without prejudice to the statutory annual leave to get the crew members known in advance to be given off duty and standby days off (working days), which can spend the crew members at the home base. The local days may include any rest periods required. At local days no willingness may be arranged. (4) the calendar month are at least seven local days in each calendar year to grant at least 96 local days. Entitlement to 96 local days in each calendar year is on annual leave beyond statutory. Vacation, sickness or part time employment, the number of local days can be reduced proportionately. (5) paragraphs 1 to 4 shall not apply to self - employed. § 9 maximum continuous service may (to OPS 1.1105) (1) the following periods of service in their sum the maximum at the beginning of the service period flight duty period in structures of with OPS 1.1105 or the maximum mm flight duty period in structures with paragraph 10, does not exceed: 1. flight duty periods, 2 periods of service prior to air services and 3. Service times between air services. (2) insofar as is contained in the referred to in paragraph 1 member at least that sum on uninterrupted period of at two hours and the crew time a secluded room is with sleeping facilities available, takes the place of the maximum permissible period referred to in paragraph 1 for a period of 14 hours. (3) the provisions of paragraphs 1 and 2 shall not apply if the service hours between a rest period in structures of with OPS 1.1110 No. 1 (4) the period of service is limited to 14 hours, if not a higher service pursuant to § § 11, 14 or OPS 1.1105 or 1.1120 OPS is permitted between two rest periods. The maximum daily service time of 14 hours is not taken into account: 1. positioning hours after the last flight segment and 2 fig. Theses after the last flight service, which are not part of the flight duty period. (5) if the sum of scheduled working hours between two rest periods in structures of with OPS 1.1110 No. 1 exceeds the maximum daily flight duty time limitations in OPS 1.1105, section 10 or the time referred to in paragraph 2, § 11 or § 14 apply. (6) in the cases of § 11 and § 14 the sum of the working hours must not exceed the maximum determined periods specified the inside. This positioning times remain unconsidered by the final sector. (7) call time, following a rest period which will be credited according to § 15 as rest periods, are not considered as duty time referred to in paragraphs 1 to 6 (8) the provisions of paragraphs 1 to 6 shall not apply to services that are exclusively of a positioning exist. § 10 maximum daily flight duty period for flight operations by a single pilot and for medical emergencies (to OPS 1.1105) (1) the Commission shall apply to the operations by a single pilot and for medical emergencies in repealed with OPS 1.1105 accordingly. (2) during flight operations with just one pilot reduces the maximum basic daily flight duty period to 10 hours, at extension referred to in paragraphs 2.1 to 2.7 of OPS 1.1105 shall be excluded in this case. § 11 flight duty period broken (to OPS 1.1105) (1) if the flight duty period planned interrupted by OPS 1.1105 or section 10 by a break at the bottom of at least three hours and is available to the crew member during the break in the immediate vicinity of the airfield a secluded room with sleeping facility available, the related service period may be extended to up to 18 hours. (2) unless the service periods OPS 1.1105 or § 10 exceed the maximum daily flight duty periods, according to the following provisos: 1. each flight crew member must not perform more than ten hours, in aircraft and operate. 2. within the air service no more than two landings may be scheduled after the break. 3. within seven consecutive days no more than two air services shall be made in repealed with paragraph 2 4 air services in structures with § 11 para. 2 and § 14 of the emergency may be made within seven consecutive days. § 12 rest period - taking into account time zone differences (to OPS 1.1110 point 1.3.) Is there between the place of the commencement of the air service and the location of the termination of the flight service (locations) a time zone difference of four or more time zones, the minimum rest period is increased to 14 hours. Once after air services in structures with sentence 1, the timezone of home base is achieved, according to the first scheduled end of the flight duty period is a period of rest in structures with the sentences to give. 3 and 4 positioning to home base may thereby be held before granting this rest period. The rest period is to be calculated by multiplying the number eight with the time zone difference which exists between the home base and place of use with the largest time zone difference to home base. A time zone difference of more than a dozen time zones is not to be considered. To determine the time zone difference the winter time-the included locations shall be taken. Sentences 2 to 5 shall apply for a return to home base accordingly as non-operating crew member. § 13 reduced rest in special cases (to OPS 1.1110 No. 1.4.1 and 2.1) (1) the authority may, at written request the derogations from the provisions of § 12 and repealed with OPS 1.1110 No. 1.4.1, if important reasons for shortening the rest period are present. The minimum rest periods may be shortened more than two hours. A minimum rest period of ten hours may not be exceeded. Dérogation further, in case of good cause, the supervisory authority a within the meaning of OPS 1.1110 No. 2.1, sentence 2 permit. (2) important reasons for shortening the rest period may in particular be: 1 impracticability of a flight in compliance with the prescribed rest periods, 2. lack of suitable airfields for stopovers, 3. adverse effects on the overall burden of crew members in compliance with the prescribed rest periods; 4. disproportionate additional costs for certain flights subject to compliance with 2weeks rest periods. (3) shortening the rest periods referred to in paragraph 1 shall be admissible only if the increased burden of the occupation is compensated and a threat to the safety of air traffic is excluded. (4) in examining the request to be considered: 1 the operating equipment and its state of the aircraft used; 2. the composition of the crew and their aircraft, route and aircraft experience, 3. the number of stopovers, type 4 other circumstances the burden of occupation influencing. Article 14 extension of flight duty period due to a period of rest during the flight (to OPS 1.1115) (1) the supervisory authority may, written upon request, a two-time extension of the flight duty period in structures of with OPS 1.1105 No. 1.3 or § 10 up to a maximum flight duty period of 18 hours within seven allow consecutive days, if the required minimum flight crew required by OPS 1.1095 No. 1.1 is enhanced and sleeping accommodations separate room or another equivalent accommodation are available in one of the flight deck and the cabin. Each flight crew member shall not longer than twelve hours perform at the aircraft and operate here. The flight attendants adequate work breaks must be provided during the flight. Reclining seats are to be provided for this purpose. Moreover, § 13 para. 3 and 4 accordingly. (2) in examining the request to be considered: 1 the operating equipment and its state-of-the aircraft used, 2. the composition of the crew and their aircraft, route and aircraft type experience, 3. the number of stopovers, 4. other the burden on crew influencing circumstances. § 15 readiness (to OPS 1.1125) (1) standby time flight duty period when standby time and flight duty time not be interrupted by a rest will shall be counted as period in structures of with OPS 1.1110 and 1 either the crew member during standby not secluded room is with sleeping facilities available 2. or the crew member during standby a secluded room is with sleeping facilities are available, however the standby time is less than 2 hours, unless the standby time is done off a rest period afterwards. (2) if the crew member a secluded room with sleeping facilities available, a break the standby time can be regarded as. (3) standby time following a rest period in which the crew members in their own home or in appropriate accommodation has to opportunity to sleep, can be credited by the contractor as a rest period... The same applies to a corresponding standby time before a rest period. Article 16 training programs (to OPS 1.1240) the competent authority shall approve the request a training program for aviation security. The program for crew members must include at least the following contents: 1 the development of specialist expertise to assess the effects of their wrongful interference in the aviation, 2. the training of understanding and of cooperating crew members among themselves, 3. the practice of appropriate self-defense measures. 4 the familiarisation with non - lethality, intended for the crew and their protection serving devices, for which a license pursuant to § 27 para. 4 of the Aviation Act is present 5. the provision of expertise for analyzing the behavior of hijackers, 6 conducting of realistic exercises to situational awareness of different threat states, 7 the training of the flight deck procedures to protect the aircraft of 8. The practice of methods for well-planned raid of the aircraft including references to the seat on the plane, can be mounted on the discovered explosives at least risky. Article 17 entry into force abrogation (1) this Regulation shall enter into force on 16 July of 2008 (2) at the same time enter the first regulation implementing the General Regulations for aviation equipment (equipment of the aircraft and flight operations in air carrier... (1 DV LuftBO) of 15 July 1970 (Federal Gazette No. 131.vom July 22, 1970 [Supplement 20/70], as last amended by article 532 of the Ordinance of 31 October 2006 (Federal Law Gazette 2407)., and the fifth implementing operating rules for aviation equipment (application rules for the JAR-OPS1 German - commercial transport of persons and property in aircraft - 5 DV LuftBO). of 12 July 2007 (Federal Gazette p. 7047) repealed.)