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Order Of 21 March 2000 Laying Down Requirements By Which Sets Aviation For Licences Of The Crew Of Flight (Jar-Fcl), Relating To The Medico-Aeronautica Organization, The Medical Certificates Of Class 1 And Class 2 And L...

Original Language Title: ORDEN de 21 de marzo de 2000 por la que se adoptan los requisitos conjuntos de aviación para las licencias de la tripulación de vuelo (JAR-FCL), relativos a la organización médico-aeronáutica, los certificados médicos de clase 1 y de clase 2 y l...

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Certain by Royal Decree 959/1990 of 8 June 1990 on civil aviation licences and certificates, the conditions required for the acquisition of each of the aeronautical titles and their powers, the the procedures for issuing such certificates and the licences for the ability to carry out such certificates, the procedures for the entry of such certificates and the periods of validity of the ratings were carried out by Order of 14 July 1995 on securities and licences civil aircraft. In Chapter IV of this Order, the medical provisions applicable to the granting of aero-licences and certificates, which coincide with the content of those provisions with those of Chapter 6 of Annex I to the Convention, were laid down in particular. International Civil Aviation.

The entry into force of Royal Decree 270/2000, of 25 February, determining the conditions for the exercise of the functions of the flight personnel of civil aircraft, requires its immediate normative development to regulate the competent bodies and the procedures for issuing, the content and the validity of the medical certificates of Class 1 and Class 2, as well as the medical requirements in cases where, for the procurement, acceptance, validation, validation, maintenance of validity and revalidation or renewal of the securities, licences, Entitlements and authorisations specified in this Order, it is necessary to verify the psycho-physical fitness of their applicants or holders to exercise the privileges they confer.

The adoption, in development of the aforementioned Royal Decree 270/2000, of the Joint Aviation Requirements (JARs) agreed by the Joint Aviation Authorities (JAA), relating to medical certificates and medical requirements For the flight crew of civil aircraft, as well as medical centres and medical examiners, it is provided for in the final provision of the Royal Decree itself.

By the Joint Aviation Authorities (JAA) the Joint Aviation Requirements for Flight Crew Licenses (hereinafter JARs-FCL) have been agreed. Part 3 of the JAR-FCL deals with the medical requirements for flight personnel from both aircraft and helicopter.

In more detail, Section 1 of Part 3, Subpart A (general requirements), of the JAR-FCL contains the rules relating to the Section for Aeronautical Medicine (AMS), the medical-aeronautical centers (AMC) and the Medical Examiner Authorised (AME), as well as those relating to the issuing procedure, the content and validity of medical certificates of Class 1 and Class 2. Furthermore, in Subparts B and C (medical requirements of Class 1 and Class 2 respectively), lays down the medical requirements for flight personnel subject to medical assessments class 1 and class 2.

In addition, the regulation of the medical requirements of the JAR-FCL Part 3 complies with the provisions of Chapter 6 of Annex 1 to the Convention on International Civil Aviation, in some cases exceeding the requirements of the International Civil Aviation Convention. Chapter 6.

Therefore, by means of this Order, certain JAR-FCL rules contained in Section 1 of Part 3 (medical requirements) Subparts A, B and C of the JAR-FCL are adopted, making them legally binding in our State. which regulate the medical-aeronautical organisation, the issue, the content and the validity of Class 1 and Class 2 medical certificates, as well as the medical requirements for flight personnel carrying out functions in aeroplanes and helicopters (a) civil servants under the terms of the securities, licences, ratings and authorisations which specifically are cited.

In its virtue, according to the State Council,

DISPONGO:

Article 1. Object and scope of application.

1. The purpose of this Order is the adoption of the Joint Aviation Requirements for Flight Crew Licenses (JAR-FCL) set out in its Annex, for the purposes of the regulation of the competent bodies and procedures of issue, content and validity of medical certificates of Class 1 and Class 2, as well as the determination of the medical requirements in cases where, for the procurement, acceptance, validation, validation, maintenance of the medical certificate the validity and revalidation or renewal of the titles, licences, ratings and authorisations which are specified in the Order itself, it is necessary to verify the psycho-physical fitness of its applicants or holders to exercise the privileges they confer.

2. It applies to the following titles, licenses, ratings, and authorizations:

2.1 Titles and licenses:

2.1.1 Private Pilot (aircraft).

2.1.2 Commercial Pilot (aircraft).

2.1.3 Air Line Transport Pilot (aircraft).

2.1.4 Private Pilot (helicopter).

2.1.5 Commercial Pilot (helicopter).

2.1.6 Air Line Transport Pilot (helicopter).

2.1.7 Mechanics on board.

2.2 Instrumental Flight Enablement (IR).

2.3 Authorizations:

2.3.1 A pilot student, distinguishing the only effect of the medical certificate required for his/her award to a private pilot (avion/helicopter), student pilot of instrument flight (IR) and student pilot (avion/helicopter).

2.3.2 Onboard Mechanics student.

Article 2. Definitions and abbreviations.

For the purposes of this Order:

Authority: Directorate General of Civil Aviation.

Professional Pilot: Pilot holder of a licence allowing the piloting of an aircraft in operations for which remuneration is received.

AMS: Aeronautical Medicine Section.

AMC: Medical-aeronautical center.

AME: Medical examiner authorized.

OML: Multiple crew operational limitation.

OSL: Limitation to operation with security pilot.

Article 3. Section for aeronautical medicine, medical-aircraft centres and medical examiners authorised.

The Directorate-General for Civil Aviation, the Air Transport Control Directorate-General, through its section for aeronautical medicine, medical-aircraft centres and authorised medical examiners will act as a compliance with the provisions of the JAR-FCL rules 3.080, 3.085 and 3.090, included in Section 1 of Part 3 (medical requirements), Subpart A (general requirements) of the Joint Aviation Requirements for Flight Crew Licences (JAR-FCL) and listed in the Annex to this Order.

The requirements for the designation and approval of medical-aircraft centres and medical examiners shall be laid down in a specific order, taking into account the specialities of their organisation and the specific characteristics of the medical centres. their tasks.

Article 4. Medical certificates.

1. A class 1 medical certificate shall be required of applicants and holders of:

a) Commercial Pilot Title and License (avion/helicopter).

b) Air Line Transport Pilot Title and License (avion/helicopter).

c) Title and license of onboard Mechanics.

d) Professional Pilot Student Authorization (avion/helicopter).

e) Authorisation of Onboard Mechanic Alumni.

2. A class 2 medical certificate shall be required of applicants and holders of:

a) Private Pilot Title and License (avion/helicopter).

b) Private Pilot Student Authorization (avion/helicopter).

3. A class 2 medical certificate, with a class 1 hearing requirement, shall be required for private pilots (avion/helicopter) applicants or holders of an instrument flight rating (IR).

4. The issue, content and validity of class 1 and class 2 medical certificates shall be subject to the JAR-FCL rules 3.095, 3,100, 3.105, 3.110, 3.115, 3.120, 3.125, contained in Part 3 (medical requirements) Section 1, Subpart A (general requirements) of the Joint Aviation Requirements for Flight Crew Licenses (JAR-FCL), as set out in the Annex to this Order.

Article 5. Medical requirements.

In cases where, for the obtaining, acceptance, validation, validation, maintenance of validity and revalidation or renewal of the titles, licenses, ratings and authorizations specified in this Order, necessary to verify the psycho-physical fitness of its applicants or holders to exercise the privileges they confer, they must comply with the medical requirements laid down in the JAR-FCL rules 3.130 to 3.365 and their corresponding appendices, in Section 1 of Part 3 (medical requirements), Subparts B and C (medical requirements) Class 1 and Class 2 respectively) of the Joint Aviation Requirements for Flight Crew Licenses (JAR-FCL), which are listed as Annex to this Order.

Article 6. Effectiveness of medical certificates issued in other States participating in Joint Aviation Authorities (JAA).

Medical certificates issued in participating States in Joint Aviation Authorities (JAA), in accordance with the Joint Aviation Requirements for Flight Crew Licenses (JAR-FCL) agreed by Such Authorities shall be valid and effective in Spain, provided that such States have fully adopted such Requirements and reciprocally consider valid and effective those issued in Spain in accordance with the provisions of this Order.

Additional disposition first. Amendment to the Annex to the Order of 14 July 1995 on civil aviation licences and certificates.

The headings 4.1.1, 4.1.2, 4.1.3, 4.2.1, 4.3.1.1, 4.3.1.2, 4.4.1.1 and 4.4.1.2 of the Annex to the Order of 14 July 1995 on civil aviation licences and certificates are amended to read as follows:

One.-" 4.1.1 Medical assessment classes. -The following two classes of medical evaluation are established:

a) Class 1 medical evaluation, applicable to the holders of:

Navigant license and title.

b) Class 2 medical assessment, applicable to applicants and holders of:

Planer Pilot License and Title.

Free Globe Pilot Title and License. "

Two.-" 4.1.2 The applicant for a medical evaluation will provide the examiner with an affidavit of the medical data concerning his personal, family and hereditary history. The applicant will be informed that it is necessary to present a statement as complete and accurate as its knowledge of these details will allow, and any false statement will be made known to the Aeronautical Authority to be taken measures that are deemed appropriate. "

Three.-" 4.1.3 In case the person concerned does not satisfy the medical requirements prescribed in this chapter for a given title or license, the General Subdirectorate of Air Transport Control, through its section Aeronautical medicine, may issue a positive medical assessment provided the following conditions are met:

(a) That the accredited medical opinion establishes that the lack of compliance by the applicant of any requirement, whether numerical or not, does not adversely affect the normal exercise of the relevant functions.

(b) Due account has been taken of the applicant's professional suitability, expertise and experience and operating conditions; and

c) Any specific limitations or limitations may be attached to the license, when the safe performance of the holder's functions depends on compliance with such limitation or limitations.

The Medical Examiner shall inform the Aeronautical Authority of any case in which, in its judgment, failure to comply with any requirement, whether numerical or not, by an applicant, is such that it does not consider the exercise of the privileges corresponding to the licence that he or she already has in possession of the flight safety. '

Four.-" 4.2.1 Generalities.-The applicant for a medical evaluation to obtain a degree or license or keep in effect a license will undergo a medical examination based on the following requirements:

a) Psychophysicists.

b) Visuals and relative to color perception.

c) Auditives. "

Five.-"4.3.1.1 Every holder of a title or license of Navigant shall undergo a medical examination to obtain the medical evaluation of class 1."

Six.-"4.3.1.2 Except where otherwise indicated in this section, the Class 1 medical assessment of the holder of a Navigant's license shall be renewed at intervals not exceeding twelve months."

Seven.-"4.4.1.1 Every applicant for a Free Globe Pilot or Pilot Pilot title or license will undergo initial medical recognition for medical evaluation of class 2."

Eight.-" 4.4.1.2 Except when otherwise indicated in this section, the class 2 medical evaluation of the holder of a title or a Free Globe Pilot or Pilot Pilot license shall be renewed at intervals not exceeding 24 months.

When the holder of one of those titles or licenses has completed the age of forty years, the intervals of that renewal shall be reduced to twelve months. "

Additional provision second. Scope of Chapter IV of the Annex to the Order of 14 July 1995.

The provisions of Chapter IV, medical provisions applicable to the granting of securities and licences, of the Annex to the Order of 14 July 1995 on civil aviation licences and certificates shall apply only:

a) To the titles and licenses of the Pilot and Pilot Pilot of the Free Globe, for obtaining, maintaining in force and revalidation or renewal.

b) To the titles and licenses of Navigant, for maintenance in force and revalidation or renewal.

First transient disposition. Accredited medical-aircraft centres and medical examiners authorised prior to the entry into force of this Order.

Medical-aeronautical centres accredited and medical examiners authorised prior to the entry into force of this Order may continue in the exercise of the functions conferred, until the conditions of accreditation and authorisation by the Order referred to in Article 3, unless its accreditation or authorisation is suspended or revoked, after hearing the person concerned, by the Directorate-General for Civil Aviation.

Second transient disposition. Medical certificates issued prior to the entry into force of this Order.

Medical certificates issued prior to the entry into force of this Order will remain valid until renewal is applicable.

Transitional provision third. Revalidation and renewal of the titles, licenses, ratings and authorizations issued prior to the entry into force of this Order.

1. Six months after the entry into force of this Order, what is available on medical certificates and medical requirements will be applicable to the revalidation and renewal of all titles, licenses, ratings and authorisations issued in advance. Until that time, the regulations in force before the entry into force of this Order will continue to apply.

2. However, those who are in the situation referred to in the second subparagraph of paragraph 2 of the second transitional provision of Royal Decree 270/2000 shall be granted a medical certificate enabling them to continue to exercise exclusively the privileges granted under the title, license, entitlement or authorisation of which they are holders in accordance with the rules applied at the time of their issue.

Single repeal provision.

All provisions of the same or lower range that are opposed to that set out in this Order are repealed.

First disposition first.

The Directorate General of Civil Aviation shall take the necessary measures to implement and implement this Order.

Final disposition second.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, March 21, 2000.

MONTALVO ARIAS-SALGADO

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