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(a) A holder of an adventure aviation operator certificate must ensure that an adventure aviation operation conducted under the authority of the holder’s certificate is—
(1) conducted under day VFR; and
(2) conducted within the approved radius from the point of departure as specified in the certificate holder’s operations specifications; and
(3) for a tandem parachute operation, is conducted from the launch site(s) and landing area(s) authorised in the certificate holder’s operations specifications, unless the tandem master, determines that in the immediate interest of safety, it is safer to conduct the landing at a location other than the location authorised in the operations specifications.
(b) A holder of an adventure aviation operator certificate must not conduct an adventure aviation operation over a congested area of a city, town, or settlement, or over an open-air assembly of persons, unless the certificate holder’s operations specifications authorise the specific type of adventure aviation operation to be conducted over a specified area of a city, town, or settlement, or open-air assembly of persons.
(c) A holder of an adventure aviation operator certificate must, on becoming aware of any condition that is a hazard to safe operations, restrict or suspend operations as necessary until the hazard is removed.
A person performing an adventure aviation operation must ensure that—
(1) a passenger is not carried on an adventure aviation operation if the passenger appears to be under the influence of alcohol or drugs, or exhibits behavioural characteristics that may endanger the safety of the operation or its participants; and
(2) a disabled passenger is appropriately cared for, including allocation of seating and appropriate handling assistance if an emergency occurs.
In addition to the applicable requirements of rule 91.211, a holder of an adventure aviation operator certificate must ensure that, before conducting an adventure aviation operation, each passenger receives appropriate briefing or training in the safety and emergency procedures under the procedures required by rule 115.79(a)(9)(ii).
A holder of an adventure aviation operator certificate must ensure that—
(1) each aircraft other than a hang glider, paraglider, or tandem parachute, is equipped with—
(i) a first aid kit that meets the requirements of Appendix A.12 of Part 91 and is readily accessible to the occupants of the aircraft; and
(ii) except for a glider, a fire extinguisher that meets the requirements of Appendix A.13 of Part 91; and
(iii) except for a hot air balloon, or a glider, an axe that is readily accessible to the crew.
(2) for a hang glider, paraglider or tandem parachute descent operation, the pilot in command, or tandem master has reasonable access to a first aid kit that is suitable for treatment of minor injuries.
(a) A holder of an adventure aviation operator certificate must establish emergency situation action plans for handling in-air and on-ground emergency situations.
(b) The emergency situation action plans required by paragraph (a) must be based upon data and information relating to but not restricted to—
(1) the type and length of the adventure aviation operation including the types of routes or areas over which operations are carried out; and
(2) aerodrome, launch site, and landing area ground facilities; and
(3) local emergency services; and
(4) ATC facilities; and
(5) the type of the aircraft likely to be involved; and
(6) the seating configuration of the aircraft involved and the number of passengers to be carried.
(c) The emergency situation action plan required by paragraph (a) for an in-air emergency must include the following—
(1) procedures to be followed by management personnel to ensure that, if the management personnel become aware of an emergency situation arising on an aircraft during flight that requires an immediate decision and action,—
(i) the pilot-in-command is advised of the emergency; and
(ii) the decision of the pilot-in-command is ascertained; and
(iii) the decision is recorded; and
(2) procedures to be followed by management personnel to ensure that, if management personnel are unable to communicate with the pilot-in-command under paragraph (c)(1),—
(i) an emergency is declared; and
(ii) any action considered necessary under the circumstances is taken.
(d) The emergency situation action plan required by paragraph (a) must include a means for ensuring that appropriate operations personnel are trained and competent to perform their duties during an emergency in accordance with the emergency situation action plan.
(a) A holder of an adventure aviation operator certificate must, for each adventure aviation operation, ensure that every flight crew member including a tandem master has available for use an operational safety checklist covering the procedures, including emergency procedures, applicable to the operation.
(b) The operational safety checklist required by paragraph (a) must include applicable information from the aircraft flight manual or manufacturer’s operating instructions to ensure the safety of the operation.
(c) A person performing an adventure aviation operation must perform an operational safety check of the aircraft and all associated equipment in accordance with the operational safety checklist required by paragraph (a) before each flight.
A holder of an adventure aviation operator certificate must ensure that for each adventure aviation operation conducted under the authority of the certificate, appropriate information is available to the pilot-in-command to meet the requirements of rule 91.217 and to complete the preparation for the intended operation.
(a) A holder of an adventure aviation operator certificate must not conduct an operation under the authority of the certificate that allows a passenger to manipulate the flight controls of the aircraft unless—
(1) the purpose of the flight is to provide the passenger with a flight experience that requires the passenger to manipulate the flight controls; and
(2) no other passenger is carried on the flight; and
(3) the certificate holder’s exposition includes procedures for risk management regarding passenger manipulation of controls; and
(4) the passenger who is to manipulate the flight controls—
(i) has been provided with the ground instruction under the procedures required by paragraph (b)(1); and
(ii) has been assessed as competent to participate in the operation under the procedures required by paragraph (b)(2).
(b) The holder of an adventure aviation operator certificate referred to in paragraph (a) must establish procedures for:
(1) providing the passenger with applicable ground instruction including—
(i) the applicable flight manoeuvres; and
(ii) the functions the passenger will be permitted to perform during the flight; and
(iii) the applicable aircraft operating procedures; and
(iv) emergency procedures; and
(2) assessing the passenger's competency to participate in the operation.
(a) Except for an amphibious aircraft operation as referenced in paragraph(c), a person performing an adventure aviation operation must not operate an aircraft over water if the flight distance to shore is more than the gliding distance for the aircraft.
(b) A person performing an adventure aviation operation in a hot air balloon—
(1) must not plan to operate the balloon over any lake or sea; and
(2) if the flight path of the balloon will or might possibly cross the shore of any lake or sea, or if the wind is offshore or less than 5 knots onshore at the time of take-off from a site located within 1 NM of water measured at the ordinary high water mark, must equip the balloon with a life preserver for each person on board.
(c) A person performing an adventure aviation operation in an amphibious aircraft must not take off from, or land on, water unless—
(1) the aircraft is equipped with life rafts of sufficient rated capacity to carry every occupant of the aircraft; and
(2) a life preserver is worn by each passenger, or a life preserver for each passenger is available for use in a position that is accessible to each passenger.
(a) A holder of an adventure aviation operator certificate must not conduct an adventure aviation operation under the authority of the certificate unless the aerodrome, landing area or launch site used for the operation has physical characteristics, obstacle limitation surfaces, and visual aids that meet the requirements of the characteristics of the aircraft being used for the operation.
(b) A holder of an adventure aviation operator certificate must ensure that any heliport used in its adventure aviation operations meets the applicable requirements of rule 91.127.
(c) Except for a person performing an adventure aviation operation in a hot air balloon, if an aircraft operated under the authority of an adventure aviation operator certificate is operated from an aerodrome, landing area, or launch site that is not promulgated in the AIPNZ, the holder of the adventure aviation operator certificate must maintain a register containing—
(1) the aerodrome, landing area, or launch site data; and
(2) procedures for ensuring that the condition of the aerodrome, landing area, or launch site is safe for the operation; and
(3) procedures for ensuring that the condition of any required equipment, including safety equipment, is safe for the operation; and
(4) details of any limitations on the use of the aerodrome, landing area, or launch site.
A person operating an aircraft under the authority of an adventure aviation operator certificate must ensure that a flight is not commenced unless current meteorological information indicates VFR minima prescribed in rule 91.301 can be complied with throughout the flight.
(a) A holder of an adventure aviation operator certificate must ensure that—
(1) the limitations contained in the aircraft flight manual, aircraft manufacturer’s instructions, or other approved document, relating to the weight and balance of an aircraft are complied with; and
(2) maximum allowable weights are not exceeded for—
(i) zero fuel, if applicable; and
(ii) manoeuvre; and
(iii) take-off; and
(iv) landing; and
(3) the aircraft’s centre of gravity is within the limits referred to in paragraph (a)(1) at departure, and will remain within those limits throughout the adventure aviation operation.
(b) A holder of an adventure aviation operator certificate performing a special aircraft operation under Subpart O must—
(1) determine the actual total weight of—
(i) every passenger; and
(ii) every crew member.
(c) Before performing an adventure aviation operation, the pilot-in-command must assess the information required by rules 115.455(b)(11) to (b)(15) to ensure that the aircraft remains within the weight and balance limitations specified in the flight manual, or other approved document, for the duration of the flight.
(a) A holder of an adventure aviation operator certificate is responsible for the airworthiness of—
(1) every aircraft, including tandem parachute assembly, that is operated under the authority of the certificate; and
(2) any equipment installed in or attached to the aircraft.
(b) A holder of an adventure aviation operator certificate must ensure that every aircraft that is operated under the authority of the certificate is maintained in accordance with the maintenance programme required by rule 115.61.
(a) Except for a hang glider, paraglider, glider, or tandem parachute descent operation, a holder of an adventure aviation operator certificate must establish a fuel policy for the purpose of flight planning to ensure that each aircraft operated under the certificate carries sufficient fuel, including reserve fuel, for the planned flight.
(b) The fuel policy must ensure that the planning of fuel requirements is based upon—
(1) the applicable fuel requirements prescribed in Part 91; and
(2) procedures, tables, and graphs, that are contained in, or derived from, the manufacturer’s manuals and that conform to the parameters contained in the aircraft’s type certificate or manufacturer’s instructions; and
(3) the operating conditions under which the planned flight is to be conducted.
(c) A holder of an adventure aviation operator certificate must ensure that the calculation of useable fuel required for a flight takes into account the following factors as applicable to the type of operation conducted by the certificate holder:
(1) taxi fuel:
(2) trip fuel:
(3) reserve fuel.
(d) A person performing the flight planning for an adventure aviation operation must comply with the fuel policy required by paragraph (a).
A person must not offer or accept dangerous goods for carriage during an adventure aviation operation.
A holder of an adventure aviation operator certificate must ensure that an adventure aviation operation does not take place if the holder has reason to believe that any of the following persons is impaired—
(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.
