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NCO.GEN.105 Pilot-in-command responsibilities and authority

ANNEX VII (Part-NCO) · Regulation (EU) No 965/2012 · EAR revision 27 Mar 2026

IRImplementing rule

NCO.GEN.105Pilot-in-command responsibilities and authority

(a)The pilot-in-command shall be responsible for:

(1)the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008;

(2)the initiation, continuation, termination or diversion of a flight in the interest of safety;

(3)ensuring that all operational procedures and checklists are complied with as referred to in 1.b of Annex IV to Regulation (EC) No 216/2008;

(4)only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:

(i)the aircraft is airworthy;

(ii)the aircraft is duly registered;

(iii)instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as provided for in points NCO.IDE.A.105 or NCO.IDE.H.105;

(iv)the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within limits prescribed in the airworthiness documentation;

(v)all equipment, baggage and cargo are properly loaded and secured and an emergency evacuation remains possible;

(vi)the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight; and

(vii)any navigational database required for PBN is suitable and current;

(5)not commencing a flight if he/she is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;

(6)not continuing a flight beyond the nearest weather-permissible aerodrome or operating site when his/her capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;

(7)deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or minimum equipment list (MEL), as applicable; and

(8)recording utilisation data and all known or suspected defects in the aircraft at the termination of the flight, or series of flights, in the aircraft technical log or journey log for the aircraft.

(b)The pilot-in-command shall ensure that during critical phases of flight or whenever deemed necessary in the interest of safety, all crew members are seated at their assigned stations and do not perform any activities other than those required for the safe operation of the aircraft.

(c)The pilot-in-command shall have the authority to refuse carriage of or disembark any person, baggage or cargo that may represent a potential hazard to the safety of the aircraft or its occupants.

(d)The pilot-in-command shall, as soon as possible, report to the appropriate air traffic services (ATS) unit any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft.

(e)The pilot-in-command shall, in an emergency situation that requires immediate decision and action, take any action he/she considers necessary under the circumstances in accordance with 7.d of Annex IV to Regulation (EC) No 216/2008. In such cases he/she may deviate from rules, operational procedures and methods in the interest of safety.

(f)During flight, the pilot-in-command shall:

(1)keep his/her safety belt fastened while at his/her station; and

(2)remain at the controls of the aircraft at all times except if another pilot is taking the controls.

(g)The pilot-in-command shall submit a report of an act of unlawful interference without delay to the competent authority and shall inform the designated local authority.

(h)The pilot-in-command shall notify the nearest appropriate authority by the quickest available means of any accident involving the aircraft that results in serious injury or death of any person or substantial damage to the aircraft or property.

IR · NCO.GEN.105 — Regulation (EU) No 965/2012 · Regulation (EU) 2018/1975 · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

AMCAcceptable means of compliance

AMC1 NCO.GEN.105Pilot-in-command responsibilities and authority

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FLIGHT PREPARATION FOR PBN OPERATIONS

(a)The pilot-in-command should ensure that RNAV 1, RNAV 2, RNP 1, RNP 2, and RNP APCH routes or procedures to be used for the intended flight, including for any alternate aerodromes, are selectable from the navigation database and are not prohibited by NOTAM.

(b)The pilot-in-command should take account of any NOTAMs or pilot-in-command briefing material that could adversely affect the aircraft system operation along its flight plan including any alternate aerodromes.

(c)When PBN relies on GNSS systems for which RAIM is required for integrity, its availability should be verified during the preflight planning. In the event of a predicted continuous loss of fault detection of more than five minutes, the flight planning should be revised to reflect the lack of full PBN capability for that period.

(d)For RNP 4 operations with only GNSS sensors, a fault detection and exclusion (FDE) check should be performed. The maximum allowable time for which FDE capability is projected to be unavailable on any one event is 25 minutes. If predictions indicate that the maximum allowable FDE outage will be exceeded, the operation should be rescheduled to a time when FDE is available.

(e)For RNAV 10 operations, the pilot-in-command should take account of the RNAV 10 time limit declared for the inertial system, if applicable, considering also the effect of weather conditions that could affect flight duration in RNAV 10 airspace. Where an extension to the time limit is permitted, the pilot-in-command will need to ensure that en route radio facilities are serviceable before departure, and to apply radio updates in accordance with any AFM/POH limitation.

AMC · AMC1 NCO.GEN.105 — Regulation (EU) No 965/2012 · ED Decision 2016/018/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

AMCAcceptable means of compliance

AMC2 NCO.GEN.105Pilot-in-command responsibilities and authority

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DATABASE SUITABILITY

(a)The pilot-in-command should check that any navigational database required for PBN operations includes the routes and procedures required for the flight.

DATABASE CURRENCY

(b)The database validity (current AIRAC cycle) should be checked before the flight.

(c)Navigation databases should be current for the duration of the flight. If the AIRAC cycle is due to change during flight, the pilot-in-command should follow procedures established by the pilot-in-command to ensure the accuracy of navigation data, including the suitability of navigation facilities used to define the routes and procedures for the flight.

(d)An expired database may only be used if the following conditions are satisfied:

(1)the pilot-in-command has confirmed that the parts of the database which are intended to be used during the flight and any contingencies that are reasonable to expect are not changed in the current version;

(2)any NOTAMs associated with the navigational data are taken into account;

(3)maps and charts corresponding to those parts of the flight are current and have not been amended since the last cycle;

(4)any MEL limitations, where available, are observed; and

(5)the database has expired by no more than 28 days.

AMC · AMC2 NCO.GEN.105 — Regulation (EU) No 965/2012 · ED Decision 2016/018/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

GMGuidance material

GM1 NCO.GEN.105Pilot-in-command responsibilities and authority

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GENERAL In accordance with point 1.3 of Annex V to Regulation (EU) 2018/1139 (essential requirements for air operations), the pilot-in-command is responsible for the operation and safety of the aircraft and for the safety of all passengers and cargo on board. This includes the following:

(a)the safety of all passengers and cargo on board, as soon as he/she arrives on board, until he/she leaves the aircraft at the end of the flight; and

(b)the operation and safety of the aircraft:

(1)for aeroplanes and gyroplanes, from the moment it is first ready to move for the purpose of flight until the moment it comes to rest at the end of the flight and the engine(s) used as primary propulsion unit(s) is/are shut down;

(2)for helicopters, from the moment the engine(s) are started until the helicopter comes to rest at the end of the flight with the engine(s) shut down and the rotor blades stopped.

GM · GM1 NCO.GEN.105 — Regulation (EU) No 965/2012 · ED Decision 2025/023/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

GMGuidance material

GM1 NCO.GEN.105(a)(8)Pilot-in-command responsibilities and authority

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RECORDING UTILISATION DATA Where an aircraft conducts a series of flights of short duration — such as a helicopter doing a series of lifts — and the aircraft is operated by the same pilot-in-command, the utilisation data for the series of flights may be recorded in the aircraft technical log or journey log as a single entry.

GM · GM1 NCO.GEN.105(a)(8) — Regulation (EU) No 965/2012 · ED Decision 2014/016/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

AMCAcceptable means of compliance

AMC1 NCO.GEN.105(a)(3)Pilot-in-command responsibilities and authority

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CHECKLISTS

(a)The pilot-in-command should use the latest checklists provided by the manufacturer.

(b)If checks conducted prior to take-off are suspended at any point, the pilot-in-command should restart them from a safe point prior to the interruption.

AMC · AMC1 NCO.GEN.105(a)(3) — Regulation (EU) No 965/2012 · ED Decision 2022/005/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

GMGuidance material

GM1 NCO.GEN.105(d)Pilot-in-command responsibilities and authority

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REPORTING OF HAZARDOUS FLIGHT CONDITIONS

(a)These reports should include any detail which may be pertinent to the safety of other aircraft.

(b)Such reports should be made whenever any of the following conditions are encountered or observed:

(1)severe turbulence;

(2)severe icing;

(3)severe mountain wave;

(4)thunderstorms, with or without hail, that are obscured, embedded, widespread or in squall lines;

(5)heavy dust storm or heavy sandstorm;

(6)volcanic ash cloud; and

(7)unusual and/or increasing volcanic activity or a volcanic eruption.

(c)When other meteorological conditions not listed above, e.g. wind shear, are encountered that, in the opinion of the pilot-in-command, may affect the safety or the efficiency of other aircraft operations, the pilot-in-command should advise the appropriate air traffic services (ATS) unit as soon as practicable.

GM · GM1 NCO.GEN.105(d) — Regulation (EU) No 965/2012 · ED Decision 2014/016/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

AMCAcceptable means of compliance

AMC1 NCO.GEN.105(e)Pilot-in-command responsibilities and authority

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VIOLATION REPORTING If required by the State in which the incident occurs, the pilot-in-command should submit a report on any such violation to the appropriate authority of such State; in that event, the pilot-in-command should also submit a copy of it to the competent authority. Such reports should be submitted as soon as possible and normally within 10 days.

AMC · AMC1 NCO.GEN.105(e) — Regulation (EU) No 965/2012 · ED Decision 2014/016/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

All rules in SUBPART A: GENERAL REQUIREMENTS

Consolidated from the EASA Easy Access Rules (revision 27 Mar 2026, extracted 17 Aug 2026) for convenience. Not the official publication — verify against the Official Journal of the European Union and the EASA publications before operational use.

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