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SPO.GEN.107 Pilot-in-command responsibilities and authority

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

IRImplementing rule

SPO.GEN.107Pilot-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, task specialists and cargo on board during aircraft operations;

(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 in accordance with the appropriate manual;

(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 required in points SPO.IDE.A.105 or SPO.IDE.H.105;

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

(v)all equipment and baggage is properly loaded and secured;

(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, or any other crew member or task specialist 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 or any other crew member or task specialist’s 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 MEL, if applicable;

(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; and

(9)ensuring that:

(i)flight recorders are not disabled or switched off during flight;

(ii)in the event of an occurrence other than an accident or a serious incident that shall be reported according to ORO.GEN.160(a), flight recorders' recordings are not intentionally erased; and

(iii)in the event of an accident or a serious incident, or if preservation of recordings of flight recorders is directed by the investigating authority:

(A)flight recorders’ recordings are not intentionally erased;

(B)flight recorders are deactivated immediately after the flight is completed; and

(C)precautionary measures to preserve the recordings of flight recorders are taken before leaving the flight crew compartment.

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

(c)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.

(d)Notwithstanding the provision of (a)(6), in a multi-crew operation the pilot-in-command may continue a flight beyond the nearest weather-permissible aerodrome when adequate mitigating procedures are in place.

(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)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.

(g)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 · SPO.GEN.107 — Regulation (EU) No 965/2012 · Regulation (EU) 2018/1975 · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

AMCAcceptable means of compliance

AMC1 SPO.GEN.107Pilot-in-command responsibilities and authority

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FLIGHT PREPARATION FOR PBN OPERATIONS

(a)The flight crew 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 flight crew should take account of any NOTAMs or operator 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 flight crew 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 flight crew will need to ensure that en route that radio facilities are serviceable before departure, and to apply radio updates in accordance with any AFM limitation.

AMC · AMC1 SPO.GEN.107 — Regulation (EU) No 965/2012 · ED Decision 2016/021/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

AMCAcceptable means of compliance

AMC2 SPO.GEN.107Pilot-in-command responsibilities and authority

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DATABASE SUITABILITY

(a)The flight crew 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 flight crew should follow procedures established by the operator 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 operator 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 are observed; and

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

AMC · AMC2 SPO.GEN.107 — Regulation (EU) No 965/2012 · ED Decision 2016/021/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

GMGuidance material

GM1 SPO.GEN.107Pilot-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 crew members, task specialists and cargo on board. This includes the following:

(a)the safety of all persons 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, 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 SPO.GEN.107 — Regulation (EU) No 965/2012 · ED Decision 2019/008/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

GMGuidance material

GM1 SPO.GEN.107(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 SPO.GEN.107(a)(8) — Regulation (EU) No 965/2012 · ED Decision 2014/018/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

GMGuidance material

GM1 SPO.GEN.107(a)(9)Pilot-in-command responsibilities and authority

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IDENTIFICATION OF THE SEVERITY OF AN OCCURRENCE BY THE PILOT-IN-COMMAND The definitions of an accident and a serious incident as well as examples thereof can be found in Regulation (EU) No 996/2010 of the European Parliament and of the Council.

GM · GM1 SPO.GEN.107(a)(9) — Regulation (EU) No 965/2012 · ED Decision 2015/030/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

AMCAcceptable means of compliance

AMC1 SPO.GEN.107(c)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.

AMC · AMC1 SPO.GEN.107(c) — Regulation (EU) No 965/2012 · ED Decision 2014/018/R · Air OPS Easy Access Rules · EAR revision 27 Mar 2026

AMCAcceptable means of compliance

AMC1 SPO.GEN.107(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 the said 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 SPO.GEN.107(e) — Regulation (EU) No 965/2012 · ED Decision 2014/018/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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