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Resolution Of 10 July 2015, Of The Direction Of The State Agency Of Aviation Safety, Establishing Procedures For The Transition To The European Regulations Of Limitations Of Time Of Flight, Activity And Rest, Regulation (U...

Original Language Title: Resolución de 10 de julio de 2015, de la Dirección de la Agencia Estatal de Seguridad Aérea, por la que se establecen procedimientos para la transición a la normativa europea de limitaciones de tiempos de vuelo, actividad y descanso, Reglamento (U...

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TEXT

Commission Regulation (EU) No 83/2014 of 29 January 2014 amended, on the one hand, Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and procedures for the use of the (a) administrative arrangements for air operations under Regulation (EC) No 216/2008 of the European Parliament and of the Council, incorporating through the FTL Subpart of Annex III, the requirements relating to the time constraints of the flight for commercial air transport operations with aeroplanes. Such amendments shall enter into force on 18 February 2016.

In accordance with Article 8.2 of Regulation 965/2012, air taxi commercial air transport operations, emergency medical services and operations with a single air taxi are excluded from the application of the abovementioned requirements. pilot, defining "air taxi operation", for the purposes of flight and activity time limitations, such as commercial, non-scheduled and on-demand air transport operations, conducted with aircraft with an operational configuration of maximum passenger seats (MOPSC) equal to or less than 19 seats.

The application of these new requirements requires changes in the operators, including the modification of the corresponding chapters of the Operations Manual. These changes must be managed by the operator in accordance with the ORO.GEN.130 and the ORO.GEN.200, assessing their impact on documentation, procedures, computer systems, staff training, etc.

It is therefore necessary for the State Aviation Safety Agency, as the competent authority, to establish the procedures necessary to enable the transition period to be implemented efficiently.

Therefore, the Directorate of the State Aviation Safety Agency resolves:

First. Scope of application.

This resolution applies to operators performing commercial air transport operations with aircraft.

Second. Presentation of the transition plan.

The operators must submit in writing to the Aviation Safety Directorate of the State Aviation Safety Agency an implementation plan for the change, in which the risk analysis, based on the risk analysis, must be attach, establish the actions to be carried out by the operator (development of documentation, new procedures or changes in the same, computer systems, training of the staff, etc.) for the fulfilment of the requirements corresponding to the FTL Subpart of the GOLD Party, as well as chronological development and temporary milestones of that Plan.

Air taxi operators, emergency medical services and operations with a single pilot must present a Responsible Declaration (Article 71a of Law 30/1992) in which the operator states that they are exclusively air taxi operations and/or emergency medical services and/or operations with a single pilot.

Third. Presentation of the Operations Manual.

Operators must submit, together with the Transition Plan, the modifications corresponding to the Operations Manual, which will require approval, and which will include at least the necessary changes in Chapter 7 of the A.

Fourth. Issuing the FTL schema approval.

Once the operator's flight time limitations, activity and rest schedule has been positively evaluated, including carrying out audits where necessary, EASA will proceed with the issuance of the approval. corresponding.

As of 18 February 2016, those operators who do not have the AESA Approval of the flight time specification scheme (ARO.OPS.235) will not be able to conduct commercial air transport operations.

Likewise, those operators who have declared under their Liability that they perform operations to which the provisions of the FTL Subpart of the Gold Party are not applicable, and determine that they are conducting operations subject to that Subpart as from 18 February 2016, shall immediately cease such operations until they obtain the corresponding AESA Approval.

Since both the assessment and approval of the changes by EASA and the implementation of the changes by the operator will require a sufficient period of time, it will not be possible for operators to submit their Transitional and Manual of Operations Plan after 15 September 2015 which may obtain the corresponding approval by 18 February 2016, so that in accordance with the provisions set out above, the operations from that date until approval is obtained.

In relation to the issuance of the approval, the operator must take into account that, according to AMC1 ORO.FTL.110 (a), the "rosters" published according to the new regulations must be notified at least 14 days in advance application of the new rules.

In turn, in the plan of implementation developed by the operator, it should be noted that, prior to the issuance of the approval of the scheme, AESA must have carried out, with satisfactory result, an audit to the an operator demonstrating the ability to comply with the applicable requirements, including the necessary IT tools implemented. Initially, these audits are expected to be carried out during the month of December 2015.

Madrid, July 10, 2015. -Director of the State Aviation Safety Agency, Isabel Maestre Moreno.