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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8710

Regulation (EU) No. 83/2014 of the Commission of 29 January 2014, modified, on the one hand, the Regulation (EU) No. 965/2012 the Commission of 5 October 2012, which lays down technical requirements and administrative procedures in connection with 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 corresponding to the time constraints of flight operations of commercial air transport aircraft. Such modifications shall enter into force the 18 of February of 2016.

In accordance with article 8(2) of the regulation 965/2012, commercial air transport of air taxi operations, are excluded from the application of the above-mentioned requirements medical emergency and services operations with a single pilot, defining "air taxi operation», for the purposes of the time of flight and activity limitations, as those operations of commercial air transportation , not regular and to demand, made with aircraft with a configuration operating of seats of passengers maximum (MOPSC) equal or lower to 19 seats.

The implementation of these new requirements require changes in operators, which include the modification of the corresponding chapters of the Manual of operations. These changes must be managed by the operator in accordance with GOLD. Gen.130 and GOLD. Gen.200, assessing their impact on the documentation, procedures, systems computer, training of the personal, etc.

Is necessary, therefore, that the Agency State of security air, as authority competent, set them procedures necessary for to perform the period of transition to the new regulations of form efficient.

Therefore, the direction of the State Agency of aviation safety meets: first. Scope of application.

This resolution applies to the operators carrying out operations of commercial air transport aircraft.

Second. Presentation of the transition plan.

Them operators must present by written before the address of security of aircraft of the Agency State of security air, a Plan of implementation of the change, in which based on the analysis of risks performed, that must attach is, is establish them actions to carry to out by the operator (development of documentation, new procedures or changes in them same, systems computer) (, training of staff, etc.) for the fulfilment of the requirements corresponding to the FTL subpart of part GOLD, as well as the chronological development and temporary milestones of this Plan.

The operators of taxi air, services medical of urgency and operations with an only pilot must present statement responsible (article 71bis of the law 30 / 1992) in which the operator manifest that performs exclusively operations of taxi air and/or services medical of urgency and/or operations with an only pilot.

Third party. Presentación de el Manual de Operaciones.

Operators must submit, along with the transition Plan, the appropriate amendments to the Operations Manual, which would require approval, and which will include at least the necessary changes in Chapter 7 of the part to.

Room. Issuance of the approval of the FTL scheme.

A time has been evaluated positively the scheme of limitations of times of flight, activity and rest of the operator, including the realization of audits where is necessary, EFSA will proceed to the emission of the approval corresponding.

Starting from the 18 of February of 2016, those operators that do not have of the approval of AESA of the scheme of specification of the time of flight (RING.) (OPS.235), not may perform operations of transport air commercial.

Likewise, those operators that have declared their responsibility that they perform operations to non-application provisions of the FTL subpart of the GOLD part, and determined that they are carrying out transactions that are subject to this subpart from February 18, 2016, will cease immediately such operations until they obtain the approval of corresponding AESA.

Given that both evaluation and approval of the changes by EASA and the implementation thereof by the operator will require a period of time, will be compromised to operators presenting its Plan of transition and Operations Manual after September 15, 2015 that they can obtain the corresponding approval prior to February 18, 2016 , by that in application of the provisions must be previously cease operations from that date until approval is obtained.

In relation to the issuance of the approval, the operator must keep in mind that, according to AMC1 GOLD. FTL.110 (a), the «rosters» published according to the new regulations they must be notified at least 14 days in advance on the implementation of the new legislation.

At the same time, in the implementation plan developed by the operator, should be taken into account that prior to the issuance of the approval of the scheme, EASA should have been made, with satisfactory results, an audit the operator which is proven to have the ability to comply with the applicable requirements, including necessary tools implemented. Initially, it is expected that these audits are conducted during the month of December 2015.

Madrid, 10 July 2015.-the Director of the State Agency of aviation safety, Isabel Maestre Moreno.