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(a) A holder of an air operator certificate must ensure that every aeroplane that is operated on an air operation under the authority of the certificate has a current standard category airworthiness certificate.
(b) A holder of an air operator certificate must ensure that—
(1) every aeroplane that is operated on a SEIFR passenger operation under the authority of the certificate is certificated by an ICAO Contracting State—
(i) as a turbine-powered aeroplane; and
(ii) for IFR flight; and
(iii) as complying with airworthiness standards that are equivalent to at least FAR 23, Amendment 28; and
(2) the propeller model, engine model, and those accessories necessary for the continued operation of the propeller and engine installed in an aeroplane that is operated under paragraph (b)(1) have—
(i) a minimum of 100,000 hours time-in-service in the same type of aeroplane; and
(ii) with the same combination of propeller, engine, and accessories as that aeroplane, a demonstrated mechanical IFSD rate of not more than 1 per 100,000 hours.
(a) Notwithstanding rule 119.57(a), each holder of an air operator certificate that intends to conduct an SEIFR passenger operation, where that operation is not already specified in the certificate holder's operations specifications under rule 119.15(b)(5), must, upon applying for an amendment to the certificate to enable the certificate holder to conduct an SEIFR passenger operation, ensure proving flights and tests are performed to satisfy the Director that it can meet any relevant requirement prescribed in this or any other Part.
(b) The flights and tests required by paragraph (a) must be performed in a manner acceptable to the Director.
Each holder of an air operator certificate must ensure that—
(1) all crew members can communicate in a common language with at least one flight crew member being able to communicate in the English language; and
(2) all operations personnel are able to understand the language in which the applicable parts of the certificate holder’s exposition are written.
(a) A 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) A holder of an air operator certificate must ensure that before each air operation conducted under the authority of the certificate, a flight plan meeting the requirements of rule 91.307(c) or rule 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) as required by 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) Despite rule 91.307(a) and except as provided in paragraph (f), the holder of the air operator certificate must ensure that before any air operation the flight plan required by paragraph (b) is submitted to an appropriate ATS unit.
(e) Despite rules 91.307(a) and 91.407(a)(1), the flight plan required to be submitted to an ATS unit under paragraph (d) 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.
(f) A flight plan is not required to be submitted to an ATS unit for an air operation conducted under VFR if the operation is a non-stop flight and —
(1) the flight departs and returns to the same aerodrome; and
(2) the flight remains within 25 NM of the aerodrome.
(g) Where a flight plan is not submitted to an ATS unit under paragraph (f) the flight must be covered by a flight following service under rule 119.73.
A holder of an air operator certificate must ensure that each aeroplane that is operated under the authority of the certificate carries on board relevant information concerning the search and rescue services in the area over which the aeroplane is to be flown.
(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 air operations performed in excess of 50 NM from shore 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) Each holder of an air operator certificate must establish a fuel policy for the purpose of flight planning, and en-route replanning, to ensure that each aeroplane carries sufficient fuel for the planned flight, 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 planned 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 holder of an air operator certificate must ensure that the calculation of usable fuel required for a flight 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 holder of an air operator certificate may vary the factors required to be taken into account in paragraph (c) to accommodate en-route replanning procedures if the variation is provided for in the certificate holder’s exposition.
(a) A holder of an air operator certificate must establish a flight check system for use by the flight crew members of each aeroplane that is operated under the authority of the certificate.
(b) When establishing the flight check system required by paragraph (a), the certificate holder must have regard to the principles of human factors and crew resource management to ensure that the flight crew members can make safe decisions for the management of the aeroplane.
(c) The flight check system required by paragraph (a) must—
(1) provide instructions and guidelines for the safe and efficient management of the flight deck; and
(2) specify methods to be used for ensuring the safe conduct of the flight; and
(3) include procedures and checklists for ensuring compliance with—
(i) the aeroplane flight manual; and
(ii) the manufacturer's technical and safety instructions; and
(4) include—
(i) expanded checklists in the operations manual; and
(ii) scan checks; and
(iii) abbreviated checklists for quick reference, including emergency procedures; and
(5) when used for a SEIFR passenger operation, include procedures for ensuring that when a person performing a pre-flight check removes a flight critical item during the pre-flight check, another person authorised by the certificate holder checks that the item has been replaced in accordance with the aeroplane flight manual before the flight commences.
(d) Each flight crew member performing an air operation must use a cockpit checklist in accordance with the flight check system required by paragraph (a)—
(1) before, during, and after every phase of the operation; and
(2) in non-normal, and emergency situations.
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) 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 in the certificate holder’s exposition; and
(5) the pilot-in-command is notified when a disabled or escorted person is to be carried on board the aeroplane.
(a) Each 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 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.
(b) Each person performing an air operation must ensure that all persons admitted to the flight compartment or occupying a pilot seat are familiarised with the appropriate safety procedures specified in the certificate holder’s exposition.
(a) Except as provided in paragraph (b) a person must not manipulate the controls of an aeroplane performing an air operation.
(b) Each holder of an air operator certificate must take reasonable care to ensure that no person manipulates the flight controls of its aeroplanes performing an air operation, unless the person is—
(1) a flight crew member; or
(2) an authorised representative of the Director who—
(i) has the permission of the certificate holder and the pilot-in-command; and
(ii) is performing a required duty.
(a) Each flight crew member must ensure that, when a cockpit voice recorder is required by rule 125.367—
(1) it 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, boom microphones are 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, when a flight data recorder is required by rule 125.369—
(1) it 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 system, or following 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 holder of an air operator certificate who operates an aeroplane that is required under rule 125.377 to be equipped with an AEDRS must not operate the aeroplane on a SEIFR passenger operation unless—
(1) baseline data for the engine has been established by the AEDRS in accordance with the procedure required under rule 125.407(a)(5); and
(2) for every operation of the engine—
(i) the AEDRS is serviceable; and
(ii) the AEDRS is operated continuously from the time every start cycle for the engine commences until the time that the engine is shut down.
(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 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—
(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) each runway at an aerodrome within New Zealand that is used for the operation has a RESA at each end of the runway in accordance with the requirements of Part 139 Appendix A.1; or
(ii) if the runway does not have a RESA as required in paragraph (a)(2)(i), the certificate holder ensures 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 90m RESA at the overrun end of the runway strip; and
(iii) each runway at an aerodrome outside of New Zealand that is used for the operation has a RESA that extends to at least 150m 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 ensures 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) If an aeroplane operated under the authority of an air operator certificate uses an aerodrome not promulgated in the AIPNZ, the holder of the air operator certificate must maintain a register containing—
(1) the aerodrome data; and
(2) procedures to ensure that the condition of the aerodrome is safe for the operation of the aeroplane; and
(3) procedures to ensure that the condition of any required equipment, including safety equipment, is safe for the operation of the aeroplane; and
(4) details of any limitations on the use of the aerodrome.
(c) A holder of an air operator certificate must ensure that an aeroplane that has a MCTOW of 5700 kg or less that is operated VFR by day under the authority of the holder’s certificate does not use any place for the purpose of landing or taking-off unless—
(1) the runway used has—
(i) a width that is at least twice the outer main gear wheel span of the aeroplane; and
(ii) a surface without irregularities and of sufficient strength for take-off and landing for the aeroplane being used; and
(2) the width of the runway strip surrounding the runway being used is at least two and a half times the wing span of the aeroplane, or 30 m, whichever is greater.
(d) A holder of an air operator certificate must ensure that none of its aeroplanes, that are not operated in accordance with paragraph (c), use any place for the purpose of landing or taking-off unless—
(1) the aerodrome reference code for the aeroplane being used is determined by reference to Table 1 of Appendix C; and
(2) the runway width is at least that width determined by reference to the aeroplane code number in Table 2 of Appendix C; and
(3) the minimum runway strip width surrounding the runway used is determined by reference to Table C-1 of Appendix C of Part 139.
(e) Notwithstanding paragraphs (c) and (d), a holder of an air operating certificate may use a lesser minimum runway width than that required under paragraph (c) or (d) for an aeroplane type 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 is acceptable to the Director; or
(3) a lesser minimum runway width was prescribed for the aeroplane in an air service certificate, issued to the holder of the air operator certificate under regulation 136 of the Civil Aviation Regulations 1953 before 6 January 1993.
(a) Each holder of an air operator certificate conducting a SEIFR passenger operation must—
(1) for each aerodrome to be used for the operation, provide a route guide to the pilot-in-command with details of contingency options available to assist with obstacle clearance in the event of an engine power loss occurring during the instrument departure or approach, including—
(i) any alternative routes available to the intended runway; and
(ii) the minimum height and glide profile necessary to enable the aeroplane to reach the runway; and
(2) ensure that a programme is established to ensure the early identification and prevention of SEIFR related problems that includes—
(i) the recording of any event that is a potential risk to the safety of a SEIFR passenger operation; and
(ii) the recording of occasions when an aeroplane was not dispatched on a SEIFR passenger operation due to weather below planning minima at the available alternate aerodromes; and
(iii) for each aeroplane, the maintenance of a database designed to assess the reliability of the aeroplane and its systems; and
(iv) compliance with the engine manufacturer’s extended maintenance programme; and
(3) ensure that the database required in paragraph (2)(iii) includes—
(i) the recording of the number of SEIFR passenger flights operated each month; and
(ii) details of any diversion from a planned SEIFR passenger operation; and
(iii) the number of occasions when an aeroplane was not dispatched on a SEIFR passenger operation due to aeroplane unserviceability; and
(4) ensure that the information required by paragraphs (2) and (3) is reviewed each calendar month in accordance with the quality assurance programme that is required under rule 100.3(a)(3)(iii) and that any corrective or preventive actions are recorded; and
(5) ensure that the information required by paragraphs (2) and (3), and the records required by paragraph (4), are provided to the Director each calendar month except that after six months the provision of that information may be extended to once every three calendar months if the extension is approved by the Director under paragraph (b); and
(6) ensure that each training syllabus required by Subpart I incorporates additional training—
(i) to integrate any IFR experience gained by a flight crew member in a multi-engine aeroplane and any VFR experience gained by a flight crew member in a singleengine aeroplane into the SEIFR passenger operation; and
(ii) necessary to conduct or avoid, as appropriate, SEIFR passenger operations in icing conditions; and
(iii) if operations are to be conducted at night, necessary to conduct SEIFR passenger operations at night; and
(iv) necessary to enable flight crew members to take appropriate action in the event of any non-normal warning or indication.
(b) The Director may approve an extension to the provision of information and records under paragraph (a)(5) if the Director is satisfied that such an extension will not compromise aviation safety.
A person must not perform a commercial transport operation carrying passengers with a single-engine aeroplane under IFR.
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.
Rule 91.311(c) does not apply to a pilot-in-command performing air operations under this Part.
A holder of an air operator certificate must ensure that an aeroplane that is operated under the authority of the certificate is not operated on an extended over-water operation unless—
(1) the operation is conducted under IFR; and
(2) the crew members are trained in ditching procedures for the aeroplane; and
(3) a risk assessment has been made to determine the risks to the survival of the occupants of the aeroplane in the event of a ditching taking into account the operating environment and the climatic conditions.
(a) A pilot-in-command of an aeroplane performing an air operation at night must perform the operation under IFR.
(b) Despite paragraph (a), a pilot-in-command may perform an air operation at night under VFR if—
(1) the holder of the air operator certificate has established procedures for flight at night under VFR; and
(2) the certificate holder’s operations specifications authorises flight at night under VFR; and
(3) the flight departs from and arrives at the same aerodrome; and
(4) the operation is performed—
(i) within 25 NM of the aerodrome; and
(ii) at a height not less than 3,000 feet AGL; and
(5) the meteorological conditions are not less than a ceiling of 3,000 feet AGL and a flight visibility of not less than 16 km; and
(6) the pilot-in-command holds a current ATPL; and
(7) each flight crew member holds a current instrument rating; and
(8) the aircraft is equipped in accordance with the requirements of rules 91.511, 91.517, and 91.519; and
(9) the operation is performed in accordance with the procedures required by paragraph (1).
(a) Each 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 in accordance with paragraph (c)(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) Each holder of an air operator certificate must ensure appropriate staff are trained and competent to perform their duties during emergencies in accordance with the emergency situation action plan.
(a) A holder of an air operator certificate who operates an aeroplane that is required under rule 125.377 to be equipped with an AEDRS must not operate the aeroplane on a SEIFR passenger operation if, prior to takeoff,—
(1) the AEDRS indicates an AEDRS failure; or
(2) the AEDRS indicates an exceedance in an engine parameter; or
(3) the engine instruments indicate a non-normal engine condition.
(b) A pilot-in-command of an aeroplane performing a SEIFR passenger operation must, if a non-normal engine indication occurs in flight,—
(1) report the situation to the appropriate ATS unit as soon as practicable; and
(2) proceed to the nearest suitable aerodrome, in point of time, at which a safe landing can be made.
(c) A pilot-in-command of an aeroplane performing a SEIFR passenger operation must, as soon as practicable, record in the technical log the time and date of every AEDRS failure if the failure is indicated in the cockpit.
Each holder of an air operator certificate must ensure that for each aeroplane it uses in conducting an SEIFR passenger operation, the area navigation system required by rule 125.361(d)(3)—
(1) is programmed with the position of all aerodromes available for use on routes authorised in the certificate holder's route guide; and
(2) uses the current navigation database, recommended by the navigation system manufacturer, for each SEIFR passenger operation.
