Publication: Magyar Közlöny
Issue: MK-2009-104 (Year: 2009, Number: 104)
Era: 2004-2010
Section: 
Paragraph Index: 1095

b) are all conducted by the same pilot-in-command. State of Registry. The State on whose register the aircraft is entered. Note.— In the case of the registration of aircraft of an international operating agency on other than a national basis, the States constituting the agency are jointly and severally bound to assume the obligations which, under the Chicago Convention, attach to a State of Registry. See, in this regard, the Council Resolution of 14 December 1967 on Nationality and Registration of Aircraft Operated by International Operating Agencies which can be found in Policy and Guidance Material on the Economic Regulation of International Air Transport (Doc 9587). State of the Operator. The State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence. Take-off and initial climb phase. That part of the flight from the start of take-off to 300 m (1 000 ft) above the elevation of the FATO, if the flight is planned to exceed this height, or to the end of the climb in the other cases. Take-off decision point (TDP). The point used in determining take-off performance from which, a power-unit failure occurring at this point, either a rejected take-off may be made or a take-off safely continued. Note.— TDP applies only to helicopters operating in performance Class 1. Visual meteorological conditions (VMC). Meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling,* equal to or better than specified minima. Note.— The specified minima are contained in Chapter 4 of Annex 2. VTOSS . The minimum speed at which climb shall be achieved with the critical power-unit inoperative, the remaining powerunits operating within approved operating limits. Note.— The speed referred to above may be measured by instrument indications or achieved by a procedure specified in the flight manual. ___________________ * As defined in Annex 2. ANNEX 6 — PART III I-2-1 22/11/07 CHAPTER 2. APPLICABILITY The Standards and Recommended Practices contained in Annex 6, Part III, shall be applicable to all helicopters engaged in international commercial air transport operations or in international general aviation operations, except that these Standards and Recommended Practices are not applicable to helicopters engaged in aerial work. Note 1.— Standards and Recommended Practices applicable to the operation of aeroplanes by operators authorized to conduct international commercial air transport operations are to be found in Annex 6, Part I. Note 2.— Standards and Recommended Practices applicable to international general aviation operations with aeroplanes are to be found in Annex 6, Part II. ___________________ ANNEX 6 — PART III SECTION II INTERNATIONAL COMMERCIAL AIR TRANSPORT ANNEX 6 — PART III II-1-1 22/11/07 CHAPTER 1. GENERAL Note 1.— Although the Convention on International Civil Aviation allocates to the State of Registry certain functions which that State is entitled to discharge, or obligated to discharge, as the case may be, the Assembly recognized, in Resolution A23-13 that the State of Registry may be unable to fulfil its responsibilities adequately in instances where aircraft are leased, chartered or interchanged — in particular without crew — by an operator of another State and that the Convention may not adequately specify the rights and obligations of the State of an operator in such instances until such time as Article 83 bis of the Convention enters into force. Accordingly, the Council urged that if, in the above-mentioned instances, the State of Registry finds itself unable to discharge adequately the functions allocated to it by the Convention, it delegate to the State of the Operator, subject to acceptance by the latter State, those functions of the State of Registry that can more adequately be discharged by the State of the Operator. It was understood that pending entry into force of Article 83 bis of the Convention the foregoing action would only be a matter of practical convenience and would not affect either the provisions of the Chicago Convention prescribing the duties of the State of Registry or any third State. However, as Article 83 bis of the Convention entered into force on 20 June 1997, such transfer agreements will have effect in respect of Contracting States which have ratified the related Protocol (Doc 9318) upon fulfilment of the conditions established in Article 83 bis. Note 2.— In the case of international operations effected jointly with helicopters not all of which are registered in the same Contracting State, nothing in this Part of the Annex prevents the States concerned entering into an agreement for the joint exercise of the functions placed upon the State of Registry by the provisions of the relevant Annexes. 1.1 Compliance with laws, regulations and procedures 1.1.1 Operators shall ensure that their employees when abroad know that they must comply with the laws, regulations and procedures of the States in which their helicopters are operated. 1.1.2 Operators shall ensure that all pilots are familiar with the laws, regulations and procedures, pertinent to the performance of their duties, prescribed for the areas to be traversed, the heliports to be used and the air navigation facilities relating thereto. The operator shall ensure that other members of the flight crew are familiar with such of these regulations and procedures as are pertinent to the performance of their respective duties in the operation of the helicopter. Note.— Information for pilots and flight operations personnel on flight procedure parameters and operational procedures is contained in PANS-OPS (Doc 8168), Volume I. Criteria for the construction of visual and instrument flight procedures are contained in PANS-OPS (Doc 8168), Volume II. Obstacle clearance criteria and procedures used in certain States may differ from PANS-OPS, and knowledge of these differences is important for safety reasons. 1.1.3 Operators shall ensure that flight crew members demonstrate the ability to speak and understand the language used for radiotelephony communications as specified in Annex 1. 1.1.4 An operator or a designated representative shall have responsibility for operational control. Note.— The rights and obligations of a State in respect to the operation of helicopters registered in that State are not affected by this provision. 1.1.5 Responsibility for operational control shall be delegated only to the pilot-in-command and to a flight operations officer/flight dispatcher if an operator’s approved method of control and supervision of flight operations requires the use of flight operations officer/flight dispatcher personnel. Annex 6 — Operation of Aircraft Part III 22/11/07 II-1-2 Note.— Guidance on the operational control organization and the role of the flight operations officer/flight dispatcher is contained in the Manual of Procedures for Operations Inspection, Certification and Continued Surveillance (Doc 8335). Detailed guidance on the authorization, duties and responsibilities of the flight operations officer/flight dispatcher is contained in the manual Preparation of an Operations Manual (Doc 9376). The requirements for age, skill, knowledge and experience for licensed flight operations officers/flight dispatchers are contained in Annex 1. 1.1.6 If an emergency situation which endangers the safety of the helicopter or persons becomes known first to the flight operations officer/flight dispatcher, action by that person in accordance with 2.6.1 shall include, where necessary, notification to the appropriate authorities of the nature of the situation without delay, and requests for assistance if required. 1.1.7 If an emergency situation which endangers the safety of the helicopter or persons necessitates the taking of action which involves a violation of local regulations or procedures, the pilot-in-command shall notify the appropriate local authority without delay. If required by the State in which the incident occurs, the pilot-in-command shall submit a report on any such violation to the appropriate authority of such State; in that event, the pilot-in-command shall also submit a copy of it to the State of the Operator. Such reports shall be submitted as soon as possible and normally within ten days. 1.1.8 Operators shall ensure that pilots-in-command have available on board the helicopter all the essential information concerning the search and rescue services in the area over which the helicopter will be flown. Note.— This information may be made available to the pilot by means of the operations manual or such other means as is considered appropriate. 1.1.9 An operator shall establish and maintain an accident prevention and flight safety programme. Note.— Guidance on accident prevention is contained in the Accident Prevention Manual (Doc 9422) and in the Preparation of an Operations Manual (Doc 9376). 1.1.10 Recommendation.— An operator of a helicopter of a certificated take-off mass in excess of 7 000 kg or having a passenger seating configuration of more than 9 and fitted with a flight data recorder should establish and maintain a flight data analysis programme as part of its accident prevention and flight safety programme. Note.— An operator may contract the operation of a flight data analysis programme to another party while retaining overall responsibility for the maintenance of such a programme. 1.1.11 Any flight data analysis programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data. 1.2 Safety management 1.2.1 States shall establish a safety programme in order to achieve an acceptable level of safety in the operation of aircraft. 1.2.2 The acceptable level of safety to be achieved shall be established by the State(s) concerned. Note.— Guidance on safety programmes is contained in the Safety Management Manual (SMM) (Doc 9859), and the definition of acceptable levels of safety is contained in Attachment E to Annex 11. 1.2.3 Recommendation.— States should require, as part of their safety programme, that an operator implement a safety management system acceptable to the State of the Operator that, as a minimum:

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