Part-NCC - Non-commercial operations with complex-motor-powered aircraft
2016 Aug. 25, Part-NCC compliance will be required by European Authorities for non-commercial aircraft operations in Europe. After being observed a lack of concrete actions over the past months, now operators take seriously the issue and after being reminded by local aviation authorities in particular.
May be its time for you to think about it. Here are few questions/answers which are aimed to facilitate your understanding.
1) Am I operating a Complex Aircraft?
Ref: Basic Regulation - Article 3 item (j)
"Complex motor powered aircraft shall mean"
An aeroplane
2) Is this regulation considers only European operators?
Ref: article 4 Basis Regulation
1) Aircraft, including any installed product, part and appliance, which are: a) designed or manufactured by an organisation for which the Agency or a member State ensures safety oversight; or
b) registered in a Member State, unless their regulatory safety oversight has been delegated to a third country and they are not used by a Community operator; or
c) registered in a third country and used by an operator for which any Member state ensures oversight of operations or used into, within or out of the Community by an operator established or residing in the Community; or
d) registered in a third country, or registered in a Member State which has delegated their regulatory safety oversight to a third country, and used by a third‐country operator into, within or out of the Community
2) Personnel involved in the operations of aircraft referred to in paragraph 1(b), (c) or (d) shall comply with this Regulation.
3) Operations of aircraft referred to in paragraph 1(b), (c) or (d) shall comply with this Regulation
3) Myself the owner or my pilot can be considereated as the operator?
Ref: ORO GEN 110
(a) The operator is responsible for the operation of the aircraft in accordance with Annex IV to Regulation (EC) No 216/2008, as applicable, the relevant requirements of this Annex and its air operator certificate (AOC) or specialised operation authorisation (SPO authorisation) or declaration.
(b) Every flight shall be conducted in accordance with the provisions of the operations manual
(c) The operator shall establish and maintain a system for exercising operational control over any flight operated under the terms of its certificate, SPO authorisation or declaration.
(d) The operator shall ensure that its aircraft are equipped and its crews are qualified as required for the area and type of operation.
Within this framework it is difficult to think that only one personnel even if qualified has the ability to assume the full responsability.
4) What will be the main concerns becoming a Part-NCC operator?
Tasks are clearly defined. The operator shall establish and maintain a system.
A SMS (Safety Management System), and Compliance Monitoring duties are required. Therefore Part-NCC compliance do not consist in providing manuals. Those are only tools but the purpose is defenitely to implement and manage an organisation.
5) What are the options for implementing an organisation or just complying?
In case your operations are already structured, in case you can nominate an Accountable Manager, a Safety Manager and/or a Compliance Monitoring Manager for example, you could be ready for implementing your own Part-NCC organization.
If it is not the case, you are the pilot, the ops, the cabin crew, the camo, and sometimes the aircraft owner, you need to think of placing your responsability under an existing Part-NCC. You will beneficiate of a solid structure assets. In Most of the time this choice is clearly the cheapest and the easiest one despite it do not make you out of your responsabilities. EU regulations clearly mention that the operator is responsible for the third party he contract with.
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