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(a) An applicant for the grant of an adventure aviation operator certificate must employ, contract, or otherwise engage—
(1) a senior person identified as the chief executive who—
(i) has the authority within the applicant’s organisation to ensure that all activities undertaken by the organisation can be financed and carried out in accordance with the requirements and standards prescribed by this Part; and
(ii) is responsible for ensuring that the applicant’s organisation complies with the requirements and standards prescribed by this Part; and
(2) a senior person or persons—
(i) responsible for ensuring that the applicant’s organisation complies with its exposition; and
(ii) responsible for the functions referred to in paragraph (b)(1); and
(iii) ultimately responsible to the chief executive; and
(3) sufficient personnel to plan, perform, supervise, inspect, and certify the operations listed in the applicant’s exposition.
(b) The senior person or persons required by paragraph (a) must—
(1) unless otherwise acceptable to the Director as a consequence of the size and expected scope of the applicant’s organisation, each be responsible for not more than one of the following functions—
(i) adventure aviation operations, including the flight and descent operations and any applicable ground support operations:
(ii) crew member and ground crew training and competency assessment:
(iii) the control and scheduling of maintenance:
(iv) the system for safety management required under rule 115.77:
(v) conducting occurrence investigations in accordance with Part 12; and
(2) hold the minimum qualifications, competency and experience listed in Appendix A that are applicable to the function for which the person is responsible.
(a) An applicant for the grant of an adventure aviation operator certificate must establish procedures for the planning, performance, supervision, inspection and certification of adventure aviation operations listed in the applicant’s exposition, including—
(1) initial assessment and maintenance of the competence of the personnel authorised by the applicant to plan, perform, supervise, inspect, or certify the adventure aviation operations listed in the applicant’s exposition; and
(2) providing written authorisation to the personnel referred to in paragraph (1), which includes the scope of the authorisation.
(b) An applicant may contract with an aviation training organisation certificated under Part 141, or an appropriate aviation recreation organisation certificated under Part 149, that is appropriately authorised under that certificate to perform the functions of checking to assess, or training to maintain, the competence of the applicant’s personnel under paragraph (a)(1).
(c) An applicant that contracts with an organisation under paragraph (b) must include in its exposition details of—
(1) the functions to be contracted to the organisation; and
(2) the scope of the checking or training to be carried out by the organisation; and
(3) the authority of the organisation in respect of the checking and training functions to be carried out.
(a) An applicant for the grant of an adventure aviation operator certificate must provide resources, acceptable to the Director—
(1) for conducting the adventure aviation operations listed in the applicant’s exposition; and
(2) that must, where appropriate, include—
(i) accommodation, offices, workshops, hangars, and buildings; and
(ii) equipment, tools, material, training aids, data, and documentation necessary to conduct the operations listed in the applicant’s exposition.
(b) The applicant must ensure that the environment it provides—
(1) is appropriate for the tasks to be performed; and
(2) where appropriate, offers protection from weather elements.
(a) An applicant for the grant of an adventure aviation operator certificate must, if required by the Director, perform proving flights or tests to satisfy the Director that the applicant can meet the relevant requirements prescribed in this Part or any other applicable Part.
(b) The flights or tests must be performed in a manner acceptable to the Director.
(a) An applicant for the grant of an adventure aviation operator certificate must establish procedures for ensuring the continued airworthiness of—
(1) every aircraft that is operated under the authority of the certificate; and
(2) any equipment installed in or attached to the aircraft.
(b) An applicant for the grant of an adventure aviation operator certificate that contracts with another person to perform maintenance on the applicant’s aircraft or equipment must include in the exposition required by rule 115.79 details of—
(1) the functions to be transferred to the other person; and
(2) the scope of the maintenance to be carried out by the other person; and
(3) the authority of the other person in respect of the functions and maintenance to be carried out.
(a) An applicant for the grant of an adventure aviation operator certificate must establish a maintenance programme for every aircraft, including a parachute assembly, that is operated under the authority of the certificate.
(b) The maintenance programme required by paragraph (a) must include—
(1) the type, serial number, identification, and registration mark if applicable, of each aircraft that is subject to the programme; and
(2) instructions and procedures for the performance of maintenance on the aircraft including any required inspection and test of the aircraft and its components, together with details of the parts and areas that—
(i) must be inspected; and
(ii) could result in a failure, malfunction, or defect endangering the safe operation of the aircraft if maintenance is not performed properly or if an improper part or material is used; and
(3) a schedule for the performance of the maintenance under paragraph (2) expressed in terms of the time in service, cycles, calendar time, number of system operations, or any combination of these; and
(4) procedures for inducting an aircraft onto the maintenance programme; and
(5) procedures for ensuring that every inspection required by the programme is performed; and
(6) procedures for recording defects, including examples of records; and
(7) procedures for the correction or deferral of defects found during maintenance; and
(8) procedures for the retention of—
(i) the maintenance records under rule 91.623; or
(ii) for a parachute assembly, a hang glider, or a paraglider—
(A) a description of the work performed, or a reference to data acceptable to the Director; and
(B) the name of the person certifying the release-to-service for the work if the work is to be performed by a person outside the applicant’s maintenance organisation.
(c) The instructions and procedures required by paragraph (b)(2) must be equivalent to—
(1) the applicable requirements prescribed in Subpart G of Part 91; and
(2) the applicable requirements prescribed in this Part; and
(3) the manufacturer’s maintenance schedule.
(a) An applicant for an adventure aviation operator certificate must establish a drug and alcohol programme for monitoring and managing the risks relating to the use of any drug, or consumption of alcohol by—
(1) any crew member:
(2) a tandem master:
(3) a ground crew member:
(4) any other person whose work directly affects the safety of an adventure aviation operation.
(b) This programme may be combined with the operator’s DAMP (see rule 99.5 and section 114).
(a) An applicant for the grant of an adventure aviation operator certificate must establish procedures for controlling, amending, and distributing the documentation required by any applicable Part, including but not limited to Parts 91 and 115.
(b) The procedure referred to in paragraph (a) must require that—
(1) all documentation is reviewed and authorised by the appropriate senior person before issue; and
(2) current issues of all relevant documents are available to personnel at each location where they need access to such documentation, in either hard copy, electronic, or other form acceptable to the Director; and
(3) all obsolete documentation is promptly removed from all points of issue or use; and
(4) changes to documentation are reviewed and approved by the appropriate senior person; and
(5) the current version of each item of documentation can be identified to preclude the use of superseded material.
An applicant for the grant of an adventure aviation operator certificate must establish procedures for ensuring that—
(1) an accurate record is maintained of each person employed or engaged by the applicant who—
(i) in the performance of their duties, is required to be the holder of a licence, rating or certificate; or
(ii) is exercising any delegation of the Director’s functions or powers; or
(iii) is exercising any authorisation granted by the certificate holder; and
(2) the record includes details of—
(i) the relevant experience, qualifications, and training of each person referred to in paragraph (1); and
(ii) the scope, validity, and currency of any licence, rating, or certificate referred to in paragraph (1)(i); and
(iii) the delegations referred to in paragraph (1)(ii); and
(iv) the authorisations referred to in paragraph (1)(iii); and
(3) the record is retained for 6 years from the date that the person—
(i) ceases to perform duties requiring a licence, rating, or certificate; or
(ii) ceases to exercise any delegation or authorisation.
An applicant for the grant of an adventure aviation operator certificate must establish procedures for ensuring that details are accurately recorded of any required testing, checking, and calibration of resources used in carrying out the operations specified on the certificate.
An applicant for the grant of an adventure aviation operator certificate must establish procedures for ensuring that the adventure aviation operations conducted by the certificate holder are authorised by the person referred to in rule 115.51(b)(1)(i).
(a) An applicant for the grant of an adventure aviation operator certificate must establish procedures for ensuring that a flight following service is provided for each adventure aviation operation that is conducted under the authority of the certificate.
(b) The procedures required by paragraph (a) must require that for each adventure aviation operation the person providing the flight following service—
(1) has the following information:
(i) the aircraft registration or identification markings; and
(ii) the type of aircraft; and
(iii) the departure aerodrome or the location of the departure area and the intended landing area; and
(iv) the fuel endurance, if applicable; and
(v) the total number of persons carried; and
(vi) the name and contact details of the adventure aviation operator; and
(vii) the details of the emergency and survival equipment carried on the operation available for immediate communication to rescue coordination centres; and
(2) has a pre-arranged time for the completion of the adventure aviation operation; and
(3) has a time for re-establishing communications with the pilot-in-command if the flight is intended to operate in an area where communications cannot be maintained; and
(4) has details of any other arrangements that may be appropriate for the safety of the operation for the pilot-in-command to report to the flight following service; and
(5) makes timely notification to—
(i) the national rescue co-ordination centre; or
(ii) an organisation capable of taking emergency activation action that is acceptable to the Director—
if the pilot-in-command fails to establish communications within the pre-arranged times under paragraphs (2), (3), or (4).
(a) An applicant for the grant of an adventure aviation operator certificate must establish procedures for ensuring compliance with the applicable requirements prescribed in this Part and any other applicable Part.
(b) The procedures required by paragraph (a) must—
(1) be applicable to the type of operation to be conducted; and
(2) contain sufficient detail to show the means for complying with the particular requirement; and
(3) contain sufficient detail to show how the safety risks associated with the intended operation will be managed; and
(4) be acceptable to the Director.
An applicant for the grant of an adventure aviation operator certificate must establish procedures necessary for the notification, investigation, and reporting of all occurrences under Part 12.
An applicant for the grant of an adventure aviation operator certificate must establish, implement, and maintain a system for safety management in accordance with rule 100.3.
(a) An applicant for the grant of an adventure aviation operator certificate must provide the Director with an exposition that contains—
(1) a statement signed by the chief executive on behalf of the applicant’s organisation confirming that the exposition and any included manuals—
(i) define the adventure aviation organisation and demonstrate its means and methods for ensuring ongoing compliance with the requirements prescribed in this Part and any other applicable Part; and
(ii) are required to be complied with by the organisation’s personnel at all times; and
(1A) the documentation required by rule 100.3(b) to establish and maintain the system for safety management; and
(1B) if a DAMP is required (see rule 99.5 and section 114 of the Act) a DAMP meeting the requirements of Part 99 and of the Act; and
(2) the titles and names of the senior persons required by rules 115.51(a)(1) and (2); and
(3) the duties and responsibilities of the senior persons required by rules 115.51(a)(1) and (2) including—
(i) matters for which they have a responsibility to deal directly with the Director or the Authority on behalf of the organisation; and
(ii) responsibilities for safety management; and
(4) if appropriate, an organisation chart showing lines of responsibility of the senior persons required by rules 115.51(a)(1) and (2) and extending to each location referred to in paragraph (5); and
(5) details of the principal place of operation and the main maintenance base; and
(5A) information identifying the lines of safety responsibility within the organisation; and
(6) details of the applicant’s procedures required by this Part; and
(7) details of—
(i) the maintenance procedures required by rules 115.59 and 115.61; and
(ii) the maintenance programme required by rule 115.61; and
(iii) every maintenance organisation that performs maintenance on the applicant’s aircraft; and
(8) details of—
(i) the drug and alcohol programme required by rule 115.62; and
(ii) the means by which the applicant will ensure that, as required by rule 115.231, an adventure aviation operation does not take place if, in the opinion of the applicant, any of the persons referred to in rule 115.62 is impaired; and
(9) details of—
(i) the scheme for regulation and recording of flight and duty times required by Subpart G; and
(ii) the briefing or training to be provided to each passenger in the safety and emergency procedures applicable to the type of adventure aviation operation to be performed; and
(iii) the emergency situation action plans required by rule 115.209; and
(iv) the flight crew and ground crew training programme required by Subpart E; and
(v) the crew member and ground crew competency assessment programme required by Subpart F; and
(10) details of the programmes required, as appropriate, by this Part; and
(11) procedures for controlling, amending, and distributing the exposition.
(b) The applicant’s exposition must be acceptable to the Director.