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(a) Each holder of an air operator certificate must ensure that each aircraft it uses in conducting an air transport operation has a current standard category airworthiness certificate.
(b) Each holder of an air operator certificate must ensure that each aircraft it uses in conducting a commercial transport operation has—
(1) a current standard category airworthiness certificate; or
(2) a current restricted category airworthiness certificate provided that the aircraft flight manual allows such an operation.
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) The holder of an air operator certificate must ensure that for each air operation conducted under the authority of that 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 prior to each—
(1) air transport operation; and
(2) commercial transport operation where passengers or goods are carried from or to a remote aerodrome,
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) in accordance with 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) The holder of an air operator certificate performing an air operation under VFR to an aerodrome where communications cannot be maintained, must ensure that prior to any such air operation —
(1) the flight plan required by paragraph (b) includes a SARTIME for when the next communication with an ATS unit will be established; or
(2) where the operation is covered by a flight following service under rule 119.73(b) or 119.121(b), the person providing the flight following service is given a time for re-establishing communications.
(e) Except as provided in paragraph (f) the holder of the air operator certificate must ensure that the flight plan required under paragraph (b) is submitted to an appropriate ATS unit.
(f) Except as required by rule 91.307(a)(1), a flight plan is not required to be submitted to an ATS unit if —
(1) the air operation is a VFR flight; and
(2) the operation is covered by a flight following service under rule 119.73 or 119.121; and
(3) the requirements under rule 119.73(b) or 119.121(b) are met; and
(4) the pilot-in-command maintains a listening watch on the appropriate ATS radio frequency.
(g) Notwithstanding rules 91.307(a) and 91.407(a)(1), the flight plan required to be submitted to an ATS unit under paragraph (e) 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) Each holder of an air operator certificate must have available, for immediate communication to rescue coordination centres, information on the emergency and survival equipment carried on board each of its aircraft.
(b) For air operations performed in excess of 10 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 aircraft 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) 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; and
(2) the operating conditions under which the planned flight is to be conducted.
(c) Each holder of an air operator certificate must ensure that the calculation of useable fuel required for a flight takes into account the following factors:
(1) taxi fuel:
(2) trip fuel:
(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:
(4) if applicable, fuel required for en-route re-planning.
(d) Each person flight planning or en-route replanning an air operation must comply with the fuel policy required by paragraph (a).
(a) Each holder of an air operator certificate must, for each air operation, ensure that flight crew members have available for use a cockpit checklist covering the procedures, including emergency procedures, for the operation.
(b) Each person performing an air operation must establish and use an appropriate practice for cockpit checks covering the procedures, including emergency procedures, for the operation of the aircraft in accordance with the aircraft flight manual.
(a) Each person performing an air operation must ensure that—
(1) 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 aircraft or its occupants is likely to be endangered, is refused embarkation or, where appropriate, removed from the aircraft; and
(2) disabled passengers are appropriately cared for, including allocation of appropriate seating positions and handling assistance in the event of an emergency; and
(3) escorted passengers do not constitute a safety hazard to other passengers or to the aircraft, and that prior arrangements for their carriage have been made in accordance with procedures in the certificate holder’s exposition.
(b) Notwithstanding (a)(1), where an operation is conducted for the purpose of search and rescue or is an air ambulance operation, passengers may be carried who are under the influence of alcohol or drugs or exhibit behavioural characteristics to the extent where the safety of the aircraft or its occupants is likely to be endangered, provided that reasonable action is taken by the operator to minimise the risk to the aircraft and its occupants from such passengers.
(a) Except as provided in paragraph (b), a person must not manipulate the controls of an aircraft performing an air operation.
(b) A holder of an air operator certificate must take reasonable care to ensure that a person does not manipulate the flight controls of an aircraft performing an air operation under the authority of the certificate, 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 135.367—
(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 helicopter 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 an erasure feature is used in the cockpit-voice recorder, only information recorded more than 30 minutes earlier than the last record is erased or otherwise obliterated.
(b) Each flight crew member must ensure that, when a flight data recorder is required by rule 135.369—
(1) it is operated continuously from the instant the helicopter begins the take-off until it has completed the landing; and
(2) all recorded data is kept until the helicopter has been operated for at least 10 hours after each operating cycle; and
(3) no more than 1 hour of recorded data is erased for the purpose of testing the flight recorder or the flight recorder system; and
(4) any erasure made in accordance with paragraph (b)(3) is—
(i) of the oldest recorded data accumulated at the time of testing; and
(ii) recorded in the appropriate maintenance documentation.
(a) Despite the requirements of rule 91.15(3), a person operating an aircraft under the authority of an air operator certificate issued in accordance with Part 119 may refuel or defuel the aircraft with a Class 3.1C or a Class 3.1D flammable liquid when a person is embarking, on board, or disembarking the aircraft, if the person operating the aircraft ensures that safety and aircraft evacuation precautions are taken in accordance with procedures specified in the certificate holder’s exposition.
(b) A person operating an aircraft under the authority of an air operator certificate issued in accordance with Part 119 may refuel or defuel the aircraft with a Class 3.1C or a Class 3.1D flammable liquid with one or more propulsion engines running if—
(1) the person ensures that safety and aircraft evacuation precautions are taken in accordance with procedures specified in the certificate holder’s exposition; 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 is provided with 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) A holder of an air operator certificate must ensure that any heliport used in its air transport operations meets the applicable requirements of Part 91.
(c) If an aeroplane operated under the authority of an air operator certificate uses an aerodrome that is 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; and
(3) procedures to ensure 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.
(d) A holder of an air operator certificate must ensure that an aeroplane 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 wingspan of the aeroplane, or 30 m, whichever is greater.
(e) A holder of an air operator certificate must ensure that an aeroplane, operated under the authority of the operator’s certificate, that is not operated in accordance with paragraph (d) does not use any place for the purpose of landing or taking-off unless—
(1) the aerodrome reference code of 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 for the runway used is determined by reference to Table C-1 of Appendix C of Part 139.
(f) Notwithstanding paragraphs (d) and (e), a holder of an air operating certificate may use a lesser minimum runway width than that required under paragraph (d) or (e) 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 person must not perform an air operation carrying passengers with a single-engine aircraft 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.
(a) Rule 91.311(c) does not apply to a pilot-in-command of an aircraft performing an air transport operation.
(b) Notwithstanding rule 91.311(c)(4), a pilot-in-command of an aircraft performing a commercial transport operation may, if necessary for the proper accomplishment of the operation, conduct approaches, departures, and manoeuvres below a height of 500 feet above the surface within the horizontal radius of 150 metres of any person, vessel, vehicle, or structure if the pilot-in-command—
(1) prepares a plan for the operation in conjunction with every person and organisation involved in the operation; and
(2) takes reasonable care to conduct the operation without creating a hazard to any person or property; and
(3) briefs every person and organisation involved in the operation on the plan required by paragraph (b)(1).
(a) A person performing an air operation must not operate over water more than 10 NM beyond gliding or autorotational distance from shore unless—
(1) life rafts are carried of sufficient rated capacity to carry every occupant of the aircraft; and
(2) a life preserver is worn by each passenger.
(b) A person performing an air operation in a single engine helicopter must not operate over water more than 10 NM beyond autorotational distance from shore unless—
(1) the helicopter is equipped with an operable flotation device; or
(2) each occupant is wearing an immersion suit.
(c) The operator of a multi-engine aircraft may, instead of the requirement in paragraph (a)(2), have life preservers available for use in a position accessible to each passenger.
(d) A person performing an air transport operation over water beyond 100 NM from shore must conduct the flight under IFR.
(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 aircraft 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 aircraft 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) Notwithstanding rule 91.311(a)(1), a pilot-in-command of a helicopter may perform a commercial transport operation over a congested area of a city, town or settlement at a height less than 1000 feet above the surface or any obstacle that is within a horizontal radius of 600 metres from the point immediately below the helicopter if—
(1) a plan for the operation is prepared containing—
(i) a chart depicting flight areas and altitudes; and
(ii) procedures to ensure that reasonable care is taken to conduct the operation without creating a hazard to any person or property; and
(iii) details of any coordination necessary with any air traffic control service; and
(iv) a copy of the prior written notification given to the appropriate territorial authority and the requirements of that territorial authority that must be complied with; and
(2) every person and organisation involved in the operation is briefed on the plan required by paragraph (a)(1); and
(3) the plan required by paragraph (a)(1) is retained for a period of at least 12 months from the date of the operation.
(b) A pilot-in-command performing an operation in accordance with paragraph (a) must comply with the applicable plan required by paragraph (a)(1).
(a) A pilot-in-command performing an air transport operation in a helicopter must not carry a helicopter external sling load.
(b) Notwithstanding rule 133.53, a pilot-in-command performing a commercial transport operation in a helicopter may carry goods in a helicopter external sling load if—
(1) the goods in the sling load are associated with the passengers on board; and
(2) the flight complies with the remaining helicopter external load operation requirements in Part 133; and
(3) the flight is conducted under VFR by day; and
(4) the helicopter is operated with not less than a 10% power margin from maximum power available at the point of departure and landing.
