What is Part-NCC?
By the 25th August 2016 non-commercial operators of ‘complex motor powered aircraft’ which are registered, or have their principle place of business in European Aviation Safety Agency (EASA) member states, will be required to comply with the organisation’s Air Operations Regulation (EU) No 965/2012
Part NCC regulation was introduced to ensure that the level of safety for private operators was diligently and proportionately matched to the requirements of commercial airlines. However, instead of a requirement to hold an Air Operator Certificate, operators must instead submit a declaration regarding their operations, regardless of where the aircraft is located.
Part-NCC will be aimed at any complex motor-powered aircraft. This includes the following;
- With a maximum certified take off mass exceeding 5700kg; or
- Certificated for a maximum passenger seating configuration of more than 19; or
- Certificated for operation with a minimum crew of two pilots; or
- Equipped with a turbojet engine(s); or
- Equipped with more than one turboprop engine and exceeding 5700kg
- Certificated for a maximum take-off mass exceeding 3175kg; or
- Certificated for a maximum passenger seating configuration of more than nine; or
- Certificated for operation with a minimum of two pilots
A tilt rotor aircraft
Operators will be required to comply with the regulations and ensure the appropriate procedures and systems are in place. This includes the introduction, creation and maintenance of an Operations Manual outlining all necessary instructions and procedures for both the aircraft and the crew. The manual should include a safety management system, security procedures, crew training and qualifications to name a few.
The operator will then be required to complete and submit a declaration, which will detail the aircraft type, operational airworthiness arrangements and any other relevant information.
Subsequent to the initial registration of the Part NCC, operators will be subject to on-going regular audits and inspections of the aircraft and operations to ensure that all procedures are established and are being followed.
Part NCC imposes responsibilities upon the operator of the aircraft. An operator is identified within the regulations as “any legal or natural person, operating or proposing to operate one or more aircraft”. This is a wide definition and can present some difficulties for aircraft owners as this could apply to any connected, or third party assisting with the day to day administration and running of the aircraft including the pilot, registered owner, beneficial owner, aircraft user/lessee or advisor.
The entity or person deemed to be the operator of the aircraft will be liable for all regulatory responsibility and as such there may be a requirement to undertake some restructuring and enter into the necessary contracts with any third parties, such as the appointment of a professional operator, to ensure that the operator is in a position to adhere and comply with the regulations and its requirements.
Failure to comply with Part-NCC and its deadline date in August could mean that operators run the risk of losing their Air Operators Certificate, face civil and/or criminal liability and risk not being covered by their insurance. Therefore, it is important that any non-commercial aircraft owners take hasty action now to ensure that the appropriate structure and operator is in place well in advance of August 2016.
The Isle of Man (IOM) have set a date of 1st of May 2016 for Part NCC compliance as per Industry Notice 015.