ORO.SPO.100 Common requirements for commercial specialised operators

NOMINATED PERSONS

(a)The person may hold more than one of the nominated posts if such an arrangement is considered suitable and properly matched to the scale and scope of the commercial specialised operation.

(b)A description of the functions and the responsibilities of the nominated persons, including their names, should be contained in the operations manual.

(c)A commercial specialised operator should make arrangements to ensure continuity of supervision in the absence of nominated persons.

(d)The person nominated by a commercial specialised operator should normally not be nominated by another commercial specialised operator.

(e)Persons nominated should be contracted to work sufficient hours to fulfil the management functions associated with the scale and scope of the commercial specialised operation.

COMBINATION OF NOMINATED PERSONS RESPONSIBILITIES

(a)The acceptability of a single person holding several posts, possibly in combination with being the accountable manager, should depend upon the nature and scale of the commercial specialised operation. The two main areas of concern should be competence and an individual’s capacity to meet his/her responsibilities.

(b)As regards competence in different areas of responsibility, there should not be any difference from the requirements applicable to persons holding only one post.

(c)The capacity of an individual to meet his/her responsibilities should primarily be dependent upon the scale of the commercial specialised operation. However, the complexity of the organisation or of the operation may prevent, or limit, combinations of posts which may be acceptable in other circumstances.

(d)In most circumstances, the responsibilities of a nominated person should rest with a single individual. However, in the area of ground operations, it may be acceptable for responsibilities to be split, provided that the responsibilities of each individual concerned are clearly defined.

NOMINATED PERSONS The smallest organisation that can be considered is the one-man organisation where all of the nominated posts are filled by the accountable manager, and audits are conducted by an independent person.

COMPETENCE OF NOMINATED PERSONS

(a)Nominated persons in accordance with ORO.AOC.135 should normally be expected to possess the experience and meet the licensing provisions that are listed in (b) to (f). There may be exceptional cases where not all of the provisions can be met. In that circumstance, the nominee should have comparable experience and also the ability to perform effectively the functions associated with the post and with the scale of the specialised operation.

(b)Nominated persons should have:

(1)practical experience and expertise in the application of aviation safety standards and safe operating practices;

(2)comprehensive knowledge of:

(i)the applicable EU safety regulations and any associated requirements and procedures;

(ii)the operator’s high-risk specialised operation authorisation, if applicable; and

(iii)the need for, and content of, the relevant parts of the commercial specialised operator’s operations manual;

(3)familiarity with management systems preferably in the area of aviation;

(4)appropriate management experience, preferably in a comparable organisation; and

(5)5 years of relevant work experience of which at least 2 years should be from the aeronautical industry in an appropriate position.

(c)Flight operations. The nominated person should hold or have held a valid flight crew licence and the associated ratings appropriate to the type of commercial specialised operations conducted by the operator. In case the nominated person’s licence and ratings are not current, his/her deputy should hold a valid flight crew licence and the associated ratings.

(d)Crew training. The nominated person or his/her deputy should be a current type rating instructor on a type/class operated by the commercial specialised operator. The nominated person should have a thorough knowledge of the operator’s crew training concept for flight crew and when relevant other crew.

(e)Ground operations. The nominated person should have a thorough knowledge of the commercial specialised operator’s ground operations concept.

(f)Continuing airworthiness. The nominated person should have the relevant knowledge and appropriate experience requirements related to aircraft continuing airworthiness as detailed in Part-M.

LEASING OF THIRD COUNTRY OPERATOR OR AIRCRAFT — INFORMATION TO BE PROVIDED TO THE COMPETENT AUTHORITY The operator intending to lease-in an aircraft or operator should provide the competent authority with the following information:

(a)the aircraft type, registration markings and serial number;

(b)the name and address of the registered owner;

(c)a copy of the valid certificate of airworthiness;

(d)a copy of the lease agreement or description of the lease provisions, except financial arrangements;

(e)duration of the lease. The information mentioned above should be accompanied by a statement signed by the lessee that the parties to the lease agreement fully understand their respective responsibilities under the applicable regulations.

LEASE AGREEMENTS BETWEEN OPERATORS REGISTERED IN AN EU MEMBER STATE No approval is required for any lease agreements between operators having their principle place of business in an EU Member State.

WET LEASE-IN OF AN AIRCRAFT REGISTERED IN A THIRD COUNTRY If the operator is not intending to apply EU safety requirements for air operations and continuing airworthiness when wet leasing-in an aircraft registered in a third country, it should demonstrate to the competent authority that the standards complied with are equivalent to the following requirements:

(a)Annex VIII (Part-SPO);

(b)Part-ORO:

(1)ORO.GEN.110 and Section 2 of Subpart GEN;

(2)ORO.MLR, excluding ORO.MLR.105;

(3)ORO.FC;

(c)Annex V (Part-SPA), if applicable;

(d)for continuing airworthiness management of the third country operator, Part-M Subpart-B, Subpart-C and Subpart-G, excluding M.A.707, and M.A.710;

(e)for the maintenance organisation used by the third country operator during the lease period: Part-145; and

(f)the operator should provide the competent authority with a full description of the operating procedures and safety assessment demonstrating compliance with the requirements safety objectives set out in points (b) (1)-(3).

WET LEASE-IN The lessee should maintain a record of occasions when lessors are used, for inspection by the competent authority.

SHORT-TERM WET LEASE-IN In anticipation of an operational need the operator may enter into a framework agreement with more than one third country operator provided that these operators comply with ORO.SPO.110(c). These third country operators should be placed in a list maintained by the lessee.