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This Subpart prescribes the rules governing air operations.
Each holder of an air operator certificate must ensure that each aeroplane operated by the holder has a current standard category airworthiness certificate.
A holder of an air operator certificate must ensure that—
(1) every crew member can communicate in a common language, with flight crew members being able to communicate in the English language; and
(2) every operations person is able to understand the language in which the applicable parts of the certificate holder’s exposition are written.
(a) Each holder of an air operator certificate that intends to introduce a new aeroplane type must, prior to that aeroplane type being used in air operations, ensure that a programme of proving flights is conducted, in addition to the aeroplane certification tests, when proving flights acceptable to the Director have not been previously conducted in accordance with the requirements of the State of certification.
(b) The programme required by paragraph (a) must consist of at least 100 hours of proving flights, including a representative number of flights into en-route aerodromes, and at least 10 hours night flight.
(c) Each holder of an air operator certificate that intends to introduce into its operation an aeroplane type that has been materially altered in design since the last proving flights must, prior to that aeroplane type being used in air operations, ensure that a programme comprising at least 50 hours of proving flight is conducted.
(d) For the purpose of paragraph (c), an aeroplane type is considered to be materially altered in design if the alterations include—
(1) the installation of powerplants of a type dissimilar to those installed at initial certification; or
(2) alterations to the aeroplane or its components that materially affect flight characteristics.
(e) Each holder of an air operator certificate that carries out an aeroplane proving flight must restrict the carriage of personnel during the flight to necessary crew members and to personnel who are—
(1) receiving familiarisation or training; or
(2) gaining line operating flight time; or
(3) authorised to represent the Director.
(a) The holder of an air operator certificate must ensure that for each air operation conducted under the authority of the certificate, appropriate information is available to the pilot-in-command to complete the preparation for the intended operation.
(b) The holder of an air operator certificate must ensure that before an air operation is conducted under the authority of that certificate, a flight plan meeting the requirements of rule 91.307(c) or 91.407 as appropriate for the type of operation is prepared, and if the flight plan is not prepared by the pilot-in-command, the pilot-in-command is informed of the contents of the flight plan before the intended operation.
(c) A VFR flight plan prepared under paragraph (b) and meeting the requirements of rule 91.307(c) may incorporate multiple route segments provided that the SARTIME is amended for the next aerodrome of intended landing as the flight proceeds.
(d) Where operations personnel prepare an operational flight plan, the holder of the air operator certificate must ensure that the personnel—
(1) are trained and competent to perform the task; and
(2) are notified as soon as practicable of each change in equipment and operating procedure or facilities.
(e) For the purpose of paragraph (d)(2), notifiable changes include changes to the use of navigation aids, aerodromes, ATC procedures and regulations, local aerodrome traffic control rules, and known hazards to flight including potentially hazardous meteorological conditions and irregularities in ground and navigation facilities.
(f) Despite rule 91.307(a), the holder of the air operator certificate must ensure that prior to any air operation the flight plan required by paragraph (b) is submitted to an appropriate ATS unit.
(g) Despite rules 91.307(a) and 91.407(a)(1), the flight plan required to be submitted to an ATS unit under paragraph (f) may be submitted by the holder of the air operator certificate and the pilot-in-command must be informed of the contents of the flight plan.
(a) When establishing the operational flight plan on which a flight schedule is to be based, each holder of an air operator certificate must ensure that—
(1) the aeroplane operating cycle is calculated using data for that aeroplane that is contained in, or derived from, the manufacturer’s manuals and that conforms to the parameters contained in the aeroplane’s type certificate; and
(2) the prevailing en-route winds are considered; and
(3) enough time is allowed for the proper servicing of each aeroplane at intermediate stops.
(b) The certificate holder must ensure that during any 365 day period at least 80% of its air operations arrive at the planned destination within the parameters of the operational flight plan used to establish the schedule.
Each holder of an air operator certificate must, for each aeroplane it operates, ensure that all relevant information concerning the search and rescue services in the area over which the aeroplane will be flown is available on board.
(a) Each holder of an air operator certificate must have available, for immediate communication to rescue co-ordination centres, information on the emergency and survival equipment carried on board each of its aeroplanes.
(b) For extended over-water operations the information required by paragraph (a) must include—
(1) the number, colour, and type of life rafts; and
(2) whether pyrotechnics are carried; and
(3) details of emergency medical supplies and water supplies; and
(4) the type and operating frequencies of any emergency portable radio equipment.
A holder of an air operator certificate must ensure that an aeroplane used on an extended over-water operation is certified for ditching.
Rule 91.311(c) does not apply to a pilot-in-command performing air operations under this Part.
(a) A holder of an air operator certificate must ensure that an aeroplane performing an air operation under the authority of the holder’s certificate does not use an aerodrome for landing or take-off unless—
(1) the aerodrome has physical characteristics, obstacle limitation surfaces, and visual aids that meet the requirements of—
(i) the characteristics of the aeroplane being used; and
(ii) the lowest meteorological minima to be used; and
(2) if the operation is a regular air transport service operating to, from, or outside of New Zealand—
(i) a runway at an aerodrome within New Zealand that is used for the operation has a RESA at each end of the runway as required by Part 139 Appendix A.1; or
(ii) if the runway does not have a RESA as required in paragraph (i), the certificate holder must ensure that the take-off and landing performance calculations for the aeroplane are based on a reduction of the appropriate declared distances for the runway to provide the equivalent of a 90 m RESA at the overrun end of the runway strip; and
(iii) a runway at an aerodrome outside of New Zealand that is used for the operation has a RESA that extends to at least 150 m from the overrun end of the runway, or an engineered equivalent that is acceptable to the Director; or
(iv) if the runway does not have a RESA or an engineered equivalent as required in paragraph (a)(2)(iii), the certificate holder must ensure that the take-off and landing performance calculations for the aeroplane are based on a reduction of the appropriate declared distances for the runway to provide the equivalent of the RESA required in paragraph (a)(2)(iii) at the overrun end of the runway.
(b) The certificate holder must ensure that an aeroplane performing an air operation under the authority of the holder’s certificate does not use an aerodrome for landing or taking-off unless the aerodrome has—
(1) rescue fire equipment that is appropriate to the aeroplane type and is acceptable to the Director; and
(2) for turbojet and turbofan powered aeroplanes, an operating visual approach slope indicator system, except when the aeroplane is performing a precision instrument approach that includes glideslope guidance.
(c) The certificate holder must ensure that an aeroplane performing an air operation under the authority of the holder’s certificate does not use an aerodrome for landing or taking-off unless the aerodrome is specified individually or by grouping in the certificate holder’s exposition.
(d) The certificate holder must ensure that the following matters are specified for each of the aerodromes or groups of aerodromes specified in the certificate holder’s exposition under paragraph (c)—
(1) the route or segment of a route:
(2) the necessary level of flight crew training:
(3) the minimum flight crew experience:
(4) the flight crew pairing restrictions:
(5) the type of authorised flight operations.
(e) Despite paragraph (f)(1), an aerodrome specified under paragraph (c) that is to be used as an alternate aerodrome by an aeroplane that has a certificated seating capacity of more than 30 passengers and is engaged on domestic air operations may be a non-certificated aerodrome.
(f) An aerodrome specified in the certificate holder’s exposition under paragraph (c) that is to be used by an aeroplane that has a certificated seating capacity of more than 30 passengers and is engaged on a regular air transport passenger service must be an aerodrome that—
(1) for New Zealand aerodromes, is associated with an aerodrome operator certificate issued under the Act and Part 139; or
(2) for aerodromes outside New Zealand, is associated with a certificate that meets a standard that is equivalent to that required under Part 139 and issued by an ICAO Contracting State.
(g) The certificate holder must maintain a register, as part of the route guide, of aerodromes that are to be used in accordance with paragraphs (e) and (f), containing—
(1) the aerodrome data; and
(2) procedures for ensuring that the condition of the aerodrome 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.
(h) Except as provided in paragraph (i), the certificate holder must ensure that an aeroplane performing an air operation under the authority of the holder’s certificate does not land on or take off from a runway unless—
(1) the width of the runway to be used is at least that width determined in accordance with Appendix C for the aeroplane; and
(2) the width of the runway strip for the runway to be used is at least that width determined in accordance with Table C-1 of Appendix C of Part 139 for the aeroplane and the runway type.
(i) A runway that has a width that is less than that required under paragraph (h) may be used by an aeroplane performing an air operation under the authority of the holder’s certificate if—
(1) a lesser minimum runway width, determined by certificated flight testing, is prescribed in the aeroplane’s flight manual; or
(2) a lesser minimum runway width was prescribed in the certificate holder’s air service certificate, issued under regulation 136 of the Civil Aviation Regulations 1953 before 6 January 1993, for the aeroplane.
A person must not perform an operation at night under VFR.
(a) Each holder of an air operator certificate must establish a fuel policy for the purpose of flight planning, and inflight replanning, to ensure that each aeroplane carries sufficient fuel for the planned operation, including reserves to cover deviations from the planned flight.
(b) The fuel policy must ensure that the planning of fuel requirements is based upon—
(1) procedures, tables, and graphs, that are contained in, or derived from, the manufacturer’s manuals and that conform to the parameters contained in the aeroplane’s type certificate; and
(2) the operating conditions under which the flight is to be conducted, including—
(i) normal aeroplane fuel consumption data; and
(ii) anticipated weights; and
(iii) expected meteorological conditions; and
(iv) ATS requirements and restrictions; and
(v) the geographic location of the destination aerodrome; and
(vi) the effect on fuel consumption of identified contingencies.
(c) Except as provided in paragraph (d), the certificate holder must ensure that the calculation of usable fuel required for an operation takes into account the following factors—
(1) taxi fuel; and
(2) trip fuel; and
(3) reserve fuel, consisting of—
(i) contingency fuel; and
(ii) alternate fuel, if an alternate aerodrome is required; and
(iii) final-reserve fuel; and
(iv) additional fuel, if required by the type of operation.
(d) The certificate holder may vary the factors required to be taken into account in paragraph (c) to accommodate the en-route re-planning procedure if the variation is provided for in the certificate holder’s exposition.
(a) A holder of an air operator certificate must ensure that flight crew members have available for use a flight check system that includes—
(1) instructions and guidelines for the safe and efficient management of the flight crew compartment; and
(2) methods used to conduct the flight safely.
(b) The certificate holder must ensure that the system enables safe real-time decision making and aeroplane management by conforming with the principles—
(1) contained in the aeroplane flight manual; and
(2) contained in the manufacturer's technical and safety instructions; and
(3) of crew resource management; and
(4) of human factors and psychology; and
(5) of ergonomics.
(c) The certificate holder must ensure that the system includes—
(1) an expanded checklist in the operations manual; and
(2) scan checks; and
(3) a quick reference handbook; and
(4) a checklist for procedures, including emergency procedures.
(d) The certificate holder must ensure that the system contains procedures, available for use at each flight crew member’s duty station, to be followed by them—
(1) prior to and during take-off; and
(2) in flight; and
(3) on landing; and
(4) during normal, non-normal, and emergency situations.
A person performing an air operation must ensure that each emergency light system required by Part 26 Appendix D is armed or turned on during taxiing, take-off, and landing.
Each person performing an air operation must ensure that—
(1) passengers are seated where, in the event of an emergency evacuation, they will not hinder evacuation from the aeroplane; and
(2) any passenger who appears to be under the influence of alcohol or drugs or exhibits behavioural characteristics, to the extent where the safety of the aeroplane or its occupants is likely to be endangered, is refused embarkation or, where appropriate, removed from the aeroplane; and
(3) disabled passengers are appropriately cared for, including allocation of appropriate seating positions and handling assistance in the event of an emergency; and
(4) children under the age of 15 years, and adults with an infant, are not seated in any seat row next to an emergency exit; and
(5) escorted passengers do not constitute a safety hazard to other passengers or to the aeroplane, and that prior arrangements for their carriage have been made in accordance with procedures specified in the certificate holder’s exposition; and
(6) the senior flight attendant, or the pilot-in-command, is notified when a disabled or escorted person is to be carried on board the aeroplane.
(a) A person performing an air operation must ensure that the Fasten Seat Belt sign is turned on—
(1) while the aeroplane is moving on the ground; and
(2) for each take-off; and
(3) for each landing; and (4) at any other time considered necessary by the pilot-in-command.
(b) A person performing an air operation must ensure that passengers are informed, either by illuminated No Smoking signs or by approved No Smoking placards, when smoking is prohibited in the aeroplane.
(c) If illuminated No Smoking signs are installed in an aeroplane, they must be lit when smoking is prohibited.
(a) A holder of an air operator certificate must ensure that at least one forward-facing observer’s seat is available in the flight crew compartment, on an aeroplane performing air operations, that is suitable for use while conducting en-route inspections.
(b) A person performing an air operation must ensure that no person, other than the flight crew members assigned to the flight, is admitted to, or carried in, the flight crew compartment, or occupies a pilot seat, unless that person is permitted by the pilot-in-command, and is—
(1) a crew member; or
(2) an authorised representative of the Director; or
(3) permitted by the holder of the air operator certificate in accordance with procedures specified in the certificate holder’s exposition.
(c) A person performing an air operation must ensure that all persons admitted to the flight crew compartment or occupying a pilot seat are familiarised with the appropriate safety procedures specified in the certificate holder’s exposition.
(a) Each holder of an air operator certificate must ensure that no person is permitted to manipulate the flight controls of its aeroplanes that are performing air operations, unless the person is—
(1) a flight crew member qualified in accordance with rule 121.505 and authorised by the certificate holder; or
(2) an authorised representative of the Director, qualified in accordance with rule 121.505, who—
(i) has the permission of the certificate holder and the pilot-in-command; and
(ii) is performing a required duty.
(b) A person must not manipulate the controls of an aeroplane performing an air operation, unless the person is authorised in accordance with paragraph (a)(1) or (2).
(a) Each flight crew member must ensure that—
(1) the cockpit voice recorder required by rule 121.371 is operated continuously from the start of the checklist commenced before engine start until the completion of the final checklist at the termination of flight; and
(2) if the aeroplane is equipped to record the uninterrupted audio signals received from a boom or a mask microphone, the boom microphone is used below 10 000 feet altitude; and
(3) if the cockpit voice recorder has an erasure feature, that feature must not be used except for maintenance purposes or for a safety investigation.
(b) Each flight crew member must ensure that—
(1) the flight data recorder required by rule 121.373 is operated continuously from the instant the aeroplane begins to move under its own power until it has come to a complete stop at the termination of the flight; and
(2) it records and stores at least the last 25 hours of its operation in digital form; and
(3) not more than 1 hour of recorded data is erased for the purpose of testing the flight recorder or the flight recorder system, or after a safety investigation; and
(4) any erasure made under paragraph (b)(3) is—
(i) of the oldest recorded data accumulated at the time of testing, or safety investigation; and
(ii) recorded in the appropriate maintenance documentation.
(a) Despite the requirements of rule 91.15(3), a person operating an aeroplane under the authority of an air operator certificate issued in accordance with Part 119 may refuel or defuel the aeroplane with a Class 3.1C or a Class 3.1D flammable liquid when a person is embarking, on board, or disembarking the aeroplane, provided the person operating the aeroplane ensures that safety and aeroplane evacuation precautions are taken in accordance with procedures specified in the certificate holder’s exposition.
(b) A person operating an aeroplane under the authority of an air operator certificate issued in accordance with Part 119 may refuel or defuel the aeroplane with a Class 3.1C or a Class 3.1D flammable liquid with one or more propulsion engines running, provided that—
(1) every passenger is disembarked under supervision of a crew member and is clear of the immediate area before refuelling or defuelling commences; and
(2) the pilot-in-command is responsible for every aspect of the fuelling operation.
(a) A holder of an air operator certificate must ensure action plans are developed for handling in-air and on-ground emergency situations and minimising risk of injury to persons.
(b) The certificate holder’s emergency situation action plan must be based upon data including but not restricted to—
(1) type and length of routes over which operations are carried out; and
(2) aerodrome ground facilities; and
(3) local emergency services; and
(4) ATC facilities; and
(5) type, seating configuration, and payload of the aeroplane likely to be involved.
(c) The certificate holder’s in-air emergency plan must include the following—
(1) if management personnel become aware of an emergency situation arising on an aeroplane during flight that requires immediate decision and action, procedures to be followed by those personnel to ensure that—
(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) if management personnel are unable to communicate with the pilot-in-command under paragraph (1), procedures to be followed by those personnel to ensure that—
(i) an emergency is declared; and
(ii) any action considered necessary under the circumstances is taken.
(d) The certificate holder must ensure that appropriate staff are trained and competent to perform during emergencies in accordance with the emergency situation action plan.
Each holder of an air 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.
The pilot-in-command of an aeroplane performing an air transport operation carrying passengers must ensure that the flight crew compartment door is closed and locked when all the external doors have been closed following embarkation until an external door is opened for disembarkation, except to permit entry or exit of a person permitted by the pilot-in-command.
The pilot-in-command of an aeroplane performing an air transport operation carrying passengers must ensure that a crew member does not unlock the flight crew compartment door unless the crew member uses a visual device and an audio procedure acceptable to the Director to verify that—
(1) the area outside the flight crew compartment door is secure; and
(2) the person seeking to have the flight crew compartment door opened is not being forced to do so.
A holder of an air operator certificate who conducts an air transport operation carrying passengers must establish procedures that are acceptable to the Director for ensuring that a flight attendant can discreetly notify a flight crew member if suspicious activity or a security breach is detected in the cabin.
