REPUBLIC OF INDONESIA MINISTRY OF TRANSPORTATION CIVIL AVIATION SAFETY REGULATION (CASR)

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1 REPUBLIC OF INDONESIA MINISTRY OF TRANSPORTATION CIVIL AVIATION SAFETY REGULATION (CASR) PART 135 CERTIFICATION AND OPERATING REQUIREMENTS: FOR COMMUTER AND CHARTER CERTIFICATE HOLDERS

2 LAMPIRAN KEPUTUSAN MENTERI PERHUBUNGAN NOMOR : PM 152 Year 2015 TANGGAL : 02 October 2015 CIVIL AVIATION SAFETY REGULATIONS (C.A.S.R.) PART 135 (Amdt. 10) CERTIFICATION AND OPERATING REQUIREMENTS: FOR COMMUTER AND CHARTER CERTIFICATE HOLDERS REPUBLIC OF INDONESIA MINISTRY OF TRANSPORTATION

3 PART 135 CERTIFICATION AND OPERATING REQUIREMENTS: FOR COMMUTER AND CHARTER CERTIFICATE HOLDERS TABLE OF CONTENTS TABLE OF CONTENTS... i SUBPART A - GENERAL... A Regulatory Reference... A Definitions and Abbreviations... A Applicability... A Rules Applicable to Operations in a Foreign Country... A Rules Applicable to Operating Aircraft Subject to CASR A Deviation Authority... A [Reserved]... A [Reserved]... A-7 SUBPART B - CERTIFICATION RULES... B Applicability.... B Requirement to hold an Air Operator Certificate... B Application for and Issue of an Air Operator Certificate... B Requirements for the Operation of Single Engine Aircraft... B Duration of Validity and surrender of Air Operator Certificate and Operations Specifications.... B a Recency of operation.... B b Suspension and Revocation of Air Operator Certificate of a Certificate Holder which does not Conduct Operations for which It Holds Authority for More Than a Specified Time... B Contents of an Air Operator certificate... B Contents of the Operations Specifications... B Amendment of an Air Operator Certificate... B Amendment to or Additional Operations Specifications... B b Renewal of Validity of Air Operator Certificate... B Availability of Air Operator Certificate and Operations Specifications... B Principal Base of Operations, Maintenance and Business Office... B Inspection Authority... B [Reserved]... B Leasing of Aircraft... B Required Management Personnel... B Minimum Qualifications of Management Personnel... B Duties and Responsibilities of Managerial Personnel... B-13 SUBPART C - OPERATING RULES FOR AERIAL WORK AIR OPERATIONS... C Applicability... C Helicopter External Cargo Loads Operating Rules... C [Reserved]... C [Reserved]... C-1 Table of Contents i

4 [Reserved]... C [Reserved]... C [Reserved]... C [Reserved]... C [Reserved]... C Operating Rules for the Dispersal of Products... C [Reserved]... C [Reserved]... C [Reserved]... C [Reserved]... C Reserved]... C [Reserved]... C-2 SUBPART D - SAFETY MANGEMENT SYSTEM... D Applicability... D Safety Management System... D [Reserved]... D-1 SUBPART E - APPROVAL OF ROUTES... E Applicability... E Requirements for route approval... E Airport Requirements... E [Reserved]... E-3 SUBPART F - CABIN SAFETY... F Applicability... F Compliance with Briefings or Safety Instructions and Carriage of Fire Arms... F Flight attendants... F Flight Attendant Qualifications... F Crewmember requirements at station stops... F Refuelling With Passenger On Boards Or Rotor Turnings... F Briefing passengers... F Briefing Passengers for Extended Overwater Operations.... F Cabin Preparation... F Retention of Galley Equipment... F [Reserved]... F [Reserved]... F Safety belts, shoulder harnesses, and child restraint systems... F Exit Seating... F Alcoholic beverages... F Oxygen for medical use by passengers.... F Locking the Cockpit Door... F Emergency and emergency evacuation duties.... F Demonstration of Emergency Evacuation Procedures... F-10 Table of Contents ii

5 SUBPART G - MANUAL REQUIREMENTS... G Applicability... G Preparation, Approval and Authority... G Contents... G [Reserved]... G Distribution, Availability and Upkeep of the Company Operations Manual... G Company Maintenance Manual... G Aircraft Operating Manual and Aircraft Flight Manual... G [Reserved]... G [Reserved]... G-8 SUBPART H - AIRCRAFT REQUIREMENTS... H Applicability... H Aircraft Requirements General... H Aircraft Certification and Equipment Requirements... H Inoperable Instruments and Equipments... H [Reserved]... H Aircraft Route Limitations... H Aircraft Proving Flights... H-3 SUBPART I - AIRPLANE PERFORMANCE OPERATING LIMITATIONS... I Applicability... I General... I Take-off Weight Limitations... I Net take-off Path... I Enroute limitations with One Engine Inoperative... I Runway Requirements for Destination and Alternate Airports... I Landing Distance on Wet Runways... I-3 SUBPART J - [RESERVED]... J-1 SUBPART K - AIRCARFT INSTURMENTS AND EQUIPMENT... K Applicability... K Instruments and Equipment... K Flight and Navigation Equipment for IFR... K Portable electronic devices... K Instruments and Equipment for Night Operations... K Communication and navigation equipment: IFR operations... K Communication and navigation equipment for aircraft operations under VFR... K Specialized Navigation Equipment... K Weather Radar and Thunderstorm Detection Equipment... K Engine Instruments and Indicators... K Terrain awareness and warning system... K [Reserved]... K Miscellaneous Equipment and Spares... K-7 Table of Contents iii

6 Traffic Alert and Collision Avoidance System (TCAS)... K Equipment for Operations in Icing Conditions... K Pitot Heat Indication Systems... K Cockpit Voice Recorders... K Flight Recorder... K Public Address System... K Crewmember Interphone System... K Oxygen equipment requirements... K [Reserved]... K [Reserved]... K [Reserved]... K [Reserved]... K Cargo and Baggage Compartments... K Lavatory Fire Protection... K Emergency Equipment... K Aircraft Overwater Operations... K [Reserved]... K Emergency Flotation Device... K Emergency Equipment for Flights over Uninhabited Terrain... K Marking of break-in points... K Empty weight and center of gravity: Currency requirement.... K-19 SUBPART L - MAINTENANCE, PREVENTIVE MAINTENANCE AND ALTERATIONS. L Applicability... L Responsibility for airworthiness.... L Maintenance, Preventive Maintenance, and Alteration Organization... L Maintenance Program... L [Reserved]... L Company Maintenance Manual Requirements... L Required Inspections and Appropriate Personnel... L Continuing analysis and surveillance.... L Maintenance and Preventive Maintenance Training Program... L Maintenance and Preventive Maintenance Personnel Duty Time Limitations... L Certificate Requirements... L Authority to Perform and Approve Maintenance, Preventive Maintenance, and Alterations... L Maintenance Recording Requirements... L a Transfer of maintenance records... L-7 SUBPART M - FLIGHT OPERATIONS PERSONNEL REQUIREMMENTS... M Applicability... M Composition Of Flight Crew... M Designation of Pilot-in-command and Second-in-command... M Succession of Command and Assumption of Control... M-1 Table of Contents iv

7 Flight crew qualifications... M Flight Attendants... M Flight Attendant Qualifications... M Flight Operations Officers... M Flight Operations Officer Qualifications... M-3 SUBPART N - TRAINING AND CHECKING PROGRAMS AND VALIDITY PERIODS N Applicability... N Training Programs... N Training Facilities... N Contract Training... N Qualifications and Training requirements for Instructors... N Qualifications and Training Requirements for Company Check Pilots... N Qualifications: Ground Instructors and Flight Instructors For Flight Attendant; Instructor for Flight Operations Officer... N Company Check Pilot Program... N Training and Qualification Records... N [Reserved]... N [Reserved]... N Training program approval... N Approval of Flight Simulators and Other Training Devices... N [Reserved]... N [Reserved]... N Company Indoctrination Training... N Windshear Training... N Crew Resource Management Training.... N Transportation of Dangerous Goods Training... N Emergency Equipment and Procedures Training... N Aircraft Surface Contamination Training... N Category II and Category III Operations Training... N Extended Range Twin-Engine Operations Training... N Aircraft Technical Ground Training... N Aircraft Flight Training... N Differences training:... N Upgrade Training... N Line Indoctrination Training for Flight Crew Members... N Recency of Experience Training... N Flight Attendant Ground Training... N Flight Attendant Operational Training... N Flight Operations Officers Training... N Aircraft Servicing and Ground Handling Training... N [Reserved]... N [Reserved]... N Pilot Proficiency Checks... N-22 Table of Contents v

8 Validity Periods for Proficiency and Competency... N Line Checks: Routes and Aiports... N-24 SUBPART O - FLIGHT AND DUTY TIME LIMITATIONS... O Applicability... O Flight and Duty Time Monitoring System... O Flight Time Limitations for Flight Crewmembers... O Flight and Duty Time Limitations... O Flight Crewmembers on Reserve... O [Reserved]... O Crew Rest Period... O Required Day Off... O [Reserved]... O [Reserved]... O [Reserved]... O Flight Attendant duty period limitations... O [Reserved]... O [Reserved]... O Maximum Duty Period for a Flight Operations Officer... O-4 SUBPART P - FLIGHT OPERATIONS... P Applicability... P [Reserved]... P [Reserved]... P Medical Examination for Pilots, Cabin Crews, and Engineers before Performing Their Duties... P Operations Notices... P Crewmember Duties during Flight Time... P Flight Crewmembers at the Controls... P Manipulation of Controls... P Admission to the Cockpit... P Cockpit Check Procedures... P DGCA Inspector Official Credentials... P Flying Equipment... P Restriction or Suspension of Operation... P Compliance with Approved Routes and Limitations... P Declaration and Action in an Emergency... P Reporting Potential Hazards... P Reporting Mechanical Defects or Irregularities... P Engine Inoperative Landing Report... P Instrument Approach Procedures... P In-flight fuel Management... P [Reserved]... P [Reserved]... P [Reserved]... P-6 Table of Contents vi

9 [Reserved]... P Minimum Altitudes for Use of an Autopilot... P Use of Certified Airports... P Aircraft Security... P-7 SUBPART Q - DISPATCHING AND FLIGHT RELEASE RULES... Q Applicability... Q Co-Authority Dispatch System... Q Pilot Self-Dispatch System... Q Operational Control System... Q Conflict Resolution... Q Operational Flight Plan and Flight Release... Q Dispatch Centers and Facilities... Q Required Flight Operations Officers... Q Familiarity with Weather Conditions... Q Dispatch and In-flight Briefing... Q Maintenance Status... Q Flight Watch and Flight Following Systems... Q VFR Take-off Minima... Q IFR Take-off Minima... Q Take-off Alternate Airport... Q Dispatch Over Water... Q Alternate Airport Criteria... Q Alternate Airport Weather Minima... Q [Reserved]... Q Operation in Icing Conditions... Q [Reserved]... Q [Reserved]... Q [Reserved]... Q Minimum Fuel Requirement for Airplane... Q Minimum Fuel Requirement for Helicopter... Q Fuel Planning... Q Takeoff and Landing Weather Minima for VFR Flight... Q Takeoff and Landing Weather Minima for IFR Flight... Q [Reserved]... Q Applicability of Reported Weather Minimums... Q Flight Altitude Rules... Q [Reserved]... Q Initial Approach Altitude... Q [Reserved]... Q Flight Plan: VFR and IFR... Q-14 SUBPART R - RECORDS AND REPORTS... R Applicability... R Crewmember and Flight Operations Officer Record.... R-1 Table of Contents vii

10 Aircraft Record... R [Reserved]... R [Reserved]... R [Reserved]... R [Reserved]... R Disposition of Flight Documentation... R [Reserved]... R [Reserved]... R Maintenance Log: Aircraft... R Service Difficulty Reports... R Mechanical Interruption Summary Report... R Alteration and Repair Reports... R Maintenance Release or Aircraft Log Entry... R [Reserved]... R [Reserved]... R-5 SUBPART S - MISCELLANEOUS PROVISIONS... S Applicability... S [Reserved]... S [Reserved]... S Delegation of Regulatory Powers... S Carriage of Narcotic Drugs or Other Illegal Substances.... S-1 SUBPART T - ADMINISTRATIVE SANCTIONS... T Compliance Requirements... T Administrative Sanctions... T-1 APPENDIX A F [RESERVED]... AA-AF-1 APPENDIX G SAFETY MANAGEMENT SYSTEM... AG-1 APPENDIX H MARKING OF BREAK-IN POINTS... AH-1 APPENDIX A-A DESCRIPTION OF AERIAL WORK OPERATIONS... AA-A-1 APPENDIX D-A [RESERVED]... AD-A-1 APPENDIX G-A MAINTENANCE, PREVENTIVE MAINTENANCE, AND ALTERATIONS OF LIGHT AIRCRAFT UNDER CASR AG-A-1 APPENDIX N-A FLIGHT CHECKING STANDARDS... AN-A-1 APPENDIX N-B MINIMUM TRAINING TIMES... AN-B-1 Table of Contents viii

11 SUBPART A - GENERAL Regulatory Reference This Civil Aviation Safety Regulation (CASR) Part 135 sets forth the implementing rules for Certifications and Operating Requirements For Commuter and Charter Certificate holders as required by Aviation Act number 1 Year 2009, Chapter VIII Airworthiness and Aircraft Operations, Article 41, 42, 45, 46 and 47, and Chapter X Air Transportations, Article Definitions and Abbreviations In this Part the following words and expressions shall be taken to mean: Aerial Work Operator A certificate holder certified to perform a type of speciality air transportation service as listed in section (b). Aircraft Any machine that can derive support in the atmosphere from the reaction of the air other than reactions of the air against the earth s surface. Airplane A power driven, heavier than air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight. Air Transportation Service - The operation for remuneration, including positioning flights, of any aircraft which is listed on the certificate holder s Air operating certificate. AOC - Air Operator Certificate. A certificate authorizing an operator to carry out specified commercial air transport operations. Cabin Altitude - Means the pressure inside the cabin of an aircraft in flight, expressed in feet above Mean Sea Level (MSL). Captain A pilot qualified on an aircraft and responsible for the safe operation of that aircraft. Certificate A document issued by, or on behalf of DGCA which confirms a regulatory standard as described in the document, has been met. A certificate does not convey any authority to act. CC Competency Check. Any required operational check performed on company personnel (other than flight crewmembers), by company supervisory personnel duly authorised to perform that check. CCP Company Check Pilot. An employee of a certificate holder who is the holder of a delegation of authority issued by the Director, authorizing the conduct of certain types of flight checks. Charter Certificate holder - any certificate holder that provides an air transportation service on a non-scheduled basis. Co-authority dispatch the shared authority between the PIC and flight operations officer in the formulation of an operational flight plan and flight release. SUBPART A A - 1

12 Commuter Certificate holder - any certificate holder that provides an air transportation service on a scheduled basis. Contracting State any country or state which is a signatory to the Convention of the International Civil Aviation Organisation, or any other country acceptable to the Director. Crewmember - a person assigned by a certificate holder to official duty on board an aircraft. DGCP Designated Government Check Pilot. A person who is the holder of a delegation of authority issued by the Director, authorizing the conduct of certain types of flight checks. Director or (DGCA) - The Director General of the Directorate General of Civil Aviation, or any person authorized to act on his behalf. ETOPS Extended Twin-Engine Operations. Means twin-engine, turbine powered airplane operations conducted over specified routes that contain a point further than 60 minutes flying time from an adequate alternate airport, at the aircraft s specified single engine cruise speed, as determined for standard atmospheric conditions, in still air. Extended over water operations A flight operated over water at a distance of more than 93 km (50 NM), or 30 minutes at normal cruising speed, whichever is the lesser, away from land suitable for making an emergency landing. (1) Category A, with respect to transport category rotorcraft, means multiengine rotorcraft designed with engine and system isolation features specified in Part 29 and utilizing scheduled takeoff and landing operations under a critical engine failure concept which assures adequate designated surface area and adequate performance capability for continued safe flight in the event of engine failure. (2) Category B, with respect to transport category rotorcraft, means single-engine or multiengine rotorcraft which do not fully meet all Category A standards. Category B rotorcraft have no guaranteed stay-up ability in the event of engine failure and unscheduled landing is assumed. External Load Any cargo load carried by an aircraft which falls into one of the following four load classes: (1) Class A is an external cargo load that cannot move freely cannot be jettisoned and does not extend below the landing gear. (2) Class B is an external cargo load that can be jettisoned and is lifted free of the land and/or water. (3) Class C is an external cargo load that can be jettisoned and remains in contact with the land or water during the rotorcraft operation. (4) Class D is an external cargo load other than Class A, B, or C external loads. Flight An aircraft is deemed to be in flight any time it is no longer in contact with the earth s surface as the result of its weight being supported by the aerodynamic principles and design features of that particular aircraft. SUBPART A A - 2

13 "Flight altitude" Means the altitude above mean sea level at which the aircraft is operated. Flight attendant a crewmember who performs, in the interest safety of passengers, duties assigned by the operator or the pilot in command of the aircraft, but who shall not act as flight crewmember. Flight crewmember a crewmember assigned to duty in an aircraft as a pilot, flight engineer, second officer or navigator. Flight duty Time the total elapsed period from the time a crewmember is required to report for duty, to the time that crewmember has completed all official duties with respect to a flight or series of flights and is released for an official crew rest. Flight following the process of monitoring the progress of a flight, from its point of departure to its final destination including any enroute stops, and the notification of the appropriate authorities in the event of an overdue or missing aircraft. Flight Operations Officer (FOO) A person who is authorized by a certificate holder to exercise operational control over a flight. Flight Time the total elapsed time from the moment the aircraft first moves under its own power for the purpose of take off, until the time it comes to rest at the end of the flight. Flight Watch the process by which a qualified flight operations officer provides flight following services to a flight, and provides any operational information as may be requested by the pilot in command or deemed necessary by the flight operations officer. Flight watch system means a certificate holder s equipment, facilities and personnel which enable that certificate holder to exercise operational control over a flight in progress via direct and timely communications with that flight. FO First Officer. A pilot qualified on an aircraft to perform the duties of second in command. May also be taken to mean co-pilot. GCP Government check pilot. A DGCA inspector authorized to perform flight checks. He - He or She (unless specified), taken in context with that section. Helicopter - A heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes. His His or Hers (unless specified), taken in context with that section. IMC Instrument Meteorological Conditions Large Aircraft Any aircraft having a maximum certified take-off weight, (MCTOW) of greater than 5700 kg (12500 pounds). Licence A document issued by, or under a delegation of authority from the Director, which authorizes the holder to exercise certain privileges as specified in that licence, subject to the conditions and limitations contained therein. Multi-Landing Operation Any helicopter operation where a pilot performs 30 take-off and landings within a 24 hour period. SUBPART A A - 3

14 Net take-off path means the one-engine-inoperative flight path that starts at a height of 35 feet at the end of the take-off distance required and extends to a height of at least 1500 feet AGL, reduced at each point by a gradient of climb equal to 0.8 per cent for two-engine aeroplanes, 0.9 per cent for three-engine aeroplanes and 1.0 percent for four-engine aeroplanes. Open Water means a water mass which does not have any landmasses within the maximum times or distances prescribed by a regulation. Operational Control System, (OCS) means a certificate holder s system for the exercise of authority over the formulation, execution and amendment of an operational flight plan in respect of a flight or series of flights. Passenger any person on board an aircraft during flight time, who is not acting as a crewmember. PPC Pilot Proficiency Check. A flight check performed in whole or in part, in an aeroplane type simulator or an aircraft. Conducted by a GCP, CCP, or DGCP for the purpose of establishing the level of proficiency, of a flight crewmember. PIC Pilot in Command. A pilot assigned to act as the Captain of an aircraft. PF Pilot flying. The flight crewmember who is manipulating the flight controls of an aircraft during flight time. PNF Pilot not flying. The pilot who is performing tasks during flight time, in support of the pilot flying. Pilot Self-dispatch means a system where authority and responsibility for flight release, operation and flight following have been delegated solely to the PIC. Person in respect of a certificate holder, means any person who is an owner, or operator of an aircraft listed on that certificate holder s operations specifications or, is otherwise acting as an employee or agent of that certificate holder. Remote Area Means an area of land considered hostile to survival, which lies beyond a specified radius from any known civilization, development or surface conveyance, through which refuge could reasonably be sought. Such radii is equal to, 25 nautical miles in the case of mountainous of jungle areas, 50 nautical miles in the case of unoccupied land mass surrounded by water and in all other areas, 100 nautical miles. The Director may designate other areas as remote based upon unique consideration. Required Day Off A period of time consisting of 24 consecutive hours during which time a pilot, flight attendant or flight operations officer are free from all duties or contact by the company. A required day off shall commence at midnight or, at the completion of any required crew rest. A required day off is provided at a person s residence and is exclusive of any travel time between that person s residence, and the place where such person reports for, or is released from duty. Rest Period The period of time during which a crewmember is released form all official duty or contact by the company. This period must exclude all time spent commuting by the most direct route, between the company designated rest facility and SUBPART A A - 4

15 assigned duty station and, a specified period of prone rest with at least one additional hour provided for physiological needs. Scheduled Air Service - Any air transportation service which is operated on a weekly basis and in accordance with a published schedule. Seating Capacity the maximum number of passenger seats authorized by, the type certificate, type approval, or other equivalent document. SIC Second in command. A pilot assigned to act as a first officer or co-pilot of an aircraft. Single Pilot the operation of an aircraft with only one pilot on board. Small Aircraft any aircraft having a maximum certified take-off weight (MCTOW) of 5700 kg (12500 pounds) or less. Specific Operation means a specialized area of operation within the group of aerial work operations, described as special purpose air transportation services, in CASR 135.3(b) and Appendix A-A of this Part. S/O Second Officer. A pilot who is the holder of a commercial or higher pilot licence and is endorsed on an aircraft type, as competent on the flight engineers panel and may act as a flight crewmember with respect to the flight engineer duties Applicability This part prescribes the rules governing: (a) Any commuter or charter air transportation service utilizing aeroplanes or helicopters which have an approved maximum seating capacity of 30 seats or less, excluding required crewmember seats, or aeroplanes having a maximum payload of 3409 kilograms (7500 pounds) or less considering all disposable loads to be at maximum. (b) Any certificate holder involved in aerial work operations which provides one or more of the following special purpose air transportation services as described in appendix A-A of this Subpart: (1) helicopters carrying external loads, (2) towing of objects, (4) dispersal of products, (4) aerial survey and photography, except recreational photography (5) air ambulance, (6) flight inspection or calibration of air navigation facilities, and (7) any other air transportation service considered by the Director to be special purpose in nature. (c) Each person employed or used by a certificate holder conducting operations under this part including maintenance, preventive maintenance, and alteration of aircraft. SUBPART A A - 5

16 (d) Subject to Subsection (b), of this section, or unless otherwise specified, the rules in this part are applicable to all certificate holders certified under this Part Rules Applicable to Operations in a Foreign Country Each certificate holder shall, while operating in a foreign country, comply with the air traffic rules of the country concerned and the local airport rules, except where any rule of this part is more restrictive and may be followed without violating the rules of that country Rules Applicable to Operating Aircraft Subject to CASR 121 (a) Where a certificate holder is authorized to operate under this Part, applies to operate an aircraft larger than that described in Subsection (a) of section 135.3, it must conduct the entire operation in accordance with CASR Part 121 except, (1) as provided in Subsection (b) of section 135.3, (2) as specifically authorized by the Director Deviation Authority (a) The Director may after consideration of the circumstances of a particular operation, issue a deviation from specified sections of this Part, either in whole or in part provided, (1) a certificate holder submits an application for a deviation in a manner prescribed by the Director, (2) the certificate holder establishes that an equivalent level of safety is being maintained notwithstanding such deviation, and (3) the Director is satisfied that such deviation would provide an acceptable level of safety and be in the public interest. (b) The type and format of any deviation authority shall be as prescribed by the Director and will specify any terms and conditions required to ensure safety considerations and public interest are being served. (c) A request for a deviation authority will not place any obligation upon the Director, notwithstanding any previous authorities issued by him. (d) A deviation authority shall cease to be in force if: (1) any of the terms or conditions contained therein, are not being complied with, or (2) the Director advises the certificate holder of his decision to withdraw the deviation authority. (e) Where a deviation authority has been rendered, not in force, by the failure to comply with the terms and conditions under which the authority was issued, that may be considered grounds for: (1) the withdrawal of the deviation authority, SUBPART A A - 6

17 (2) the certificate holder to be proceeded against as though the rule pertaining to which the deviation authority was issued, has been breached, or (3) both actions described in paragraphs (1) and (2) of this subsection may be taken. (f) Where the Director has issued a notice of withdrawal of a deviation authority, the certificate holder may file an appeal against that withdrawal, however such appeal shall not normally constitute a stay of withdrawal [Reserved] [Reserved] SUBPART A A - 7

18 SUBPART B - CERTIFICATION RULES Applicability. This subpart prescribes certification rules for commuter, charter and aerial work certificate holders using aeroplanes or helicopters Requirement to hold an Air Operator Certificate No person shall engage in any air transportation service within or outside of Indonesia without or in violation of an Air Operator Certificate (AOC) and appropriate operations specifications issued under this part Application for and Issue of an Air Operator Certificate (a) Each application for an Air Operator Certificate shall be made in the form and manner prescribed by the Director. In making such application, the applicant must demonstrate that in addition to certain financial, economic and legal requirements as laid down in Subsections (d), (e) and (f) of this Section, and: (1) he has adequate equipment, facilities and personnel to operate the proposed air transportation service; (2) there is published, a system of policies and procedures governing all the activities being proposed by the applicant; (3) he has an approved safety program appropriate to the operation in place; and (4) he is able to conduct the air transportation service in a safe and proper manner and in full compliance with all applicable rules and regulations. (b) For the purposes of certification, no certificate holder may list an aircraft and management personnel on its Air Operator Certificate, or operations specifications, if: (1) that aircraft is listed on the Air Operator Certificate, or operations specifications of another certificate holder; or (2) list any manager or director required by this Part, who is listed as a manager or director in the operations specifications of another certificate holder. (c) The submission of an application under this part does not place any obligation upon the Director to issue an Air Operator certificate until: (1) he has been given a reasonable time to review the application; and (2) is satisfied that all the applicable rules and standards have been met and the issue of the Air Operator certificate will be in the public s best interest. (d) Each applicant for the original issue of an air operator certificate who intends to conduct operations under this part must submit the following financial information: (1) A balance sheet that shows assets, liabilities, and net worth, as of a date not more than 60 days before the date of application; SUBPART B B - 1

19 (2) An itemization of liabilities more than 60 days past due on the balance sheet date, if any, showing each creditor's name and address, a description of the liability, and the amount and due date of the liability; (3) An itemization of claims in litigation, if any, against the applicant as of the date of application showing each claimant's name and address and a description and the amount of the claim; (4) A detailed projection of the proposed operation covering 6 complete months after the month in which the certificate is expected to be issued including: (i) Estimated amount and source of both operating and non-operating revenue, including identification of its existing and anticipated income producing contracts and estimated revenue per mile or hour of operation by aircraft type; (ii) Estimated amount of operating and non-operating expenses by expense objective classification; and (iii) Estimated net profit or loss for the period. (5) An estimate of the cash that will be needed for the proposed operations during the first 6 months after the month in which the certificate is expected to be issued, including: (i) Acquisition of property and equipment (explain); (ii) Retirement of debt (explain); (iii) Additional working capital (explain); (iv) Operating losses other than depreciation and amortization (explain); and (v) Other (explain). (6) An estimate of the cash that will be available during the first 6 months after the month in which the certificate is expected to be issued, from: (i) Sale of property or flight equipment (explain); (ii) New debt (explain); (iii) New equity (explain); (iv) Working capital reduction (explain); (v) Operations (profits) (explain); (vi) Depreciation and amortization (explain); and (vii) Other (explain). (7) A schedule of insurance coverage in effect on the balance sheet date showing insurance companies: policy numbers: types, amounts, and period of coverage: and special conditions, exclusions, and limitations. (8) Any other financial information that the DGCA requires to enable him or her to determine that the applicant has sufficient financial resources to conduct his or her operations with the degree of safety required in the public interest. (e) Each holder of an air operator certificate shall submit a financial report for the first 6 months of each fiscal year and another financial report for each complete fiscal year. (f) Each financial report containing financial information required by paragraph (e) of this section must be based on accounts prepared and maintained on an accrual basis in accordance with generally accepted accounting principles applied on a consistent basis, and must contain the name and address of the applicant's public accounting firm, if any. Information submitted must be signed by an officer, owner, or partner of the applicant or certificate holder. SUBPART B B - 2

20 Requirements for the Operation of Single Engine Aircraft (a) Unless otherwise authorized by the Director, no certificate holder shall conduct an air transportation service under this part in a single engine aircraft except: (1) in accordance with the AOC and operations specifications, (2) in accordance with the visual flight rules, (3) during the hours of official daylight, and (4) where the aircraft is certified for 10 or more passengers, the minimum flight crew must include a Pilot-in-Command and Second in Command. (b) No certificate holder shall assign a person to act and no person shall act as the pilot-in- command of a single engine aircraft with passengers on board unless the person: (1) is the holder of a commercial, or a airline transport pilot licence, (2) has acquired not less than 1000 hours flight experience as pilot-in-command of single engine aeroplanes, of which not less than 100 hours shall be crosscountry flight experience, and in the case of a single engine helicopter, not less than 500 hours flight experience as pilot in command. In meeting the experience requirements of this paragraph, fifty per cent of the required flight experience may be gained as the second in command of an aircraft of the same class and type on which he or she is to serve. (3) has acquired not less than 20 hours of operating experience on the specific make and basic model of aircraft. Such operating experience must be acquired while occupying the pilot-in-command position under the supervision of a pilot qualified under this Part, to give flight instruction on that type of aircraft, and (4) is otherwise qualified in accordance with this Part. (c) A certificate holder may apply to the Director to operate a single engine aircraft under VFR and IFR conditions where in addition to the requirements laid down in Subsections (a) and (b) of this section, the following conditions are met: (1) the aircraft is a turbine powered aircraft, (2) the aircraft is carrying cargo only, (3) all flights operated under the instrument flight rule shall be operated with a minimum flight crew of 2 pilots, who hold a valid commercial or higher pilot licence and have a valid instrument rating, except a SIC is not required if, (i) each aircraft is equipped with a serviceable three axis autopilot, (ii) each aircraft is equipped with a headset and boom mike and, a transmit button that is affixed to the control wheel, (iii) each aircraft is equipped with a control wheel mounted, approach chart holder with a means of proper illumination, (iv) the flight is not operated above flight level 250, (v) the pilot-in-command has successfully completed a single pilot instrument flight check on that aircraft type, (vi) the pilot has acquired not less than, 75 hours of instrument flight experience as pilot-in-command of which not less than 50 hours must SUBPART B B - 3

21 (vii) be actual instrument time in an aircraft, and is other wise qualified in accordance with this Part, and the certificate holder s operational control system is certified for the conduct of IFR flight. (4) each aircraft equipment and instruments must meet the requirements of Part 91 for visual and instrument flight rules and must be in operating condition prior to the commencement of any take off where IMC is anticipated, (5) each certificate holder s maintenance program must include for each single engine aircraft operated under the Instrument flight rules, an engine trend monitoring program which has been recommended by the manufacture, or is otherwise acceptable to the Director. Such program must be in accordance with the certificate holder s approved maintenance control manual. (6) each aircraft is equipped with two independent electrical power generating sources. Each electrical source must be capable of supplying all electrical loads for instruments and equipment essential for IFR flight including any electrically operated ice protection equipment installed on the aircraft. Or where only one generating system is installed in an aircraft, in addition to that electrical source, the aircraft must be equipped with a standby battery. This battery must be capable of supplying 150% of the electrical loads of all instruments and equipment, necessary for the safe emergency operation of the aircraft, for not less than one hour. (7) each aircraft shall be equipped with two independent sources of energy, at least one of which is an engine-driven pump or generator, and each of which is able to drive all gyroscopic instruments and is installed so that the failure of one instrument or source of energy will not affect either the energy supply to the remaining instruments, nor the other source of energy, and (8) any other requirement considered by the Director to be necessary for the safe operation of such aircraft Duration of Validity and surrender of Air Operator Certificate and Operations Specifications. (a) An Air Operator Certificate or Operating Certificate issued under this Part is valid for two years unless -- (1) The certificate holder surrenders it earlier to the DGCA; or (2) The DGCA suspends, revokes, or otherwise earlier terminates the Certificate due to the violation by the certificate holder to the provision of this Part; or (3) The certificate holder does not conduct or cease all operations for which it holds authority in its Operations Specifications for more than the time specified in section b. (4) The certificate holder violates the provision of Aviation Act 15 as the basis for granting of the certificate, or violate requirements to conduct operation of its organization in accordance with authority granted, limitation imposed and procedures approved as they are specified on its Operation Specifications; or (5) The certificate holder applies for renewal of validity of his Certificate. SUBPART B B - 4

22 (b) Operations Specifications issued under this Part are effective as long as the Air Operator Certificate or Operating Certificate is valid unless-- (1) The Operations Specifications are amended as provided in section ; (2) The certificate holder does not conduct a kind of operation for more than the time specified in section a and fails to follow the procedures of section a upon resuming that kind of operation; or (3) The DGCA suspends or revokes the Operations Specifications for a kind of operation due to the incapacity of the certificate holder to operate of that kind of operation. (c) Within 7 days after a Certificate has been suspended, revoked or terminated under this Part, the Certificate and Operations Specifications must be surrendered by the certificate holder to the DGCA a Recency of operation. (a) Except as provided in paragraph (b) of this section, no certificate holder may conduct a kind of operation for which it holds authority in its Operations Specifications unless the certificate holder has conducted that kind of operation within the preceding number of consecutive calendar days specified in this paragraph: (1) For commuter operations, 30 days. (2) For charter operations, 90 days, except that if the certificate holder has authority to conduct commuter operations within the previous 30 days, this paragraph does not apply. (b) If a certificate holder does not conduct a kind of operation for which it is authorized in its Operations Specifications within the number of calendar days specified in paragraph (a) of this section, it shall not conduct such kind of operation unless (1) It advises the DGCA at least 5 consecutive calendar days before resumption of that kind of operation; and (2) It makes itself available and accessible during the 5 consecutive calendar day period in the event that the DGCA decides to conduct a full inspection reexamination to determine whether the certificate holder remains properly and adequately equipped and able to conduct a safe operation b Suspension and Revocation of Air Operator Certificate of a Certificate Holder which does not Conduct Operations for which It Holds Authority for More Than a Specified Time The Air Operator Certificate or Operating Certificate of a certificate holder who does not conduct or cease operations for which it holds authority in its Operations Specifications for certain number of consecutive calendar days, will be suspended and revoked as follows : (a) Commuter operations. SUBPART B B - 5

23 (1) If a certificate holder does not conduct or cease operations for 30 consecutive calendar days, the certificate holder will be issued three (3) consecutive warning letters, each at interval of maximum of one (1) month; (2) If the certificate holder does not respond to the warning letters, the certificate will be suspended for a maximum of three (3) months; (3) If the suspension period is over and there is no effort made for the resumption of the operations, the certificate will be revoked. (b) Charter operations. (1) If a certificate holder does not conduct or cease operations for 90 consecutive calendar days, the certificate holder will be issued three (3) consecutive warning letters, each at interval of one (1) month; (2) If the certificate holder does not respond to the warning letters, the certificate will be suspended for a maximum of three (3) months; (3) If the suspension period is over and there is no effort made for the resumption of the operations, the certificate will be revoked. (c) If a certificate holder wish to resume its operations for which it was authorized in its Operations Specifications : (1) The certificate holder for which it is issued warning letter shall advises the DGCA at least 30 consecutive calendar days before resumption of its operation to conduct an inspection to determine whether the certificate holder remains properly and adequately equipped and able to conduct a safe operation; (2) The certificate holder for which the certificate is suspended shall advise the DGCA at least 60 consecutive calendar days before resumption of its operation to conduct an inspection to determine whether the certificate holder remains properly and adequately equipped and able to conduct a safe operation; (3) The certificate holder for which the certificate is revoked shall advises the DGCA at least 90 consecutive calendar days before resumption of its operation to conduct a full inspection reexamination to determine whether the certificate holder remains in compliance within air operator certification requirements of this Part Contents of an Air Operator certificate (a) Each Air Operator certificate will contain the following information: (1) the number of the Air Operator certificate, (2) the legal name of the certificate holder: (3) the date and place of issue of the Air Operator certificate, (4) the general conditions attached to the Air Operator certificate: and (5) the operations specifications setting forth the nature, conditions and limitations of the proposed air transportation service. (b) [Reserved] SUBPART B B - 6

24 Contents of the Operations Specifications (a) Each Operations Specification is an attachment to the Air Operator certificate and addresses at least the following standard operational and maintenance areas: (1) the business address and telephone number of the certificate holder: (2) the specific location of the certificate holder s home base, (3) the organization of flight operations including approved incumbents, (4) the maintenance and engineering organization including the approved incumbents, (5) the operations and technical manual approval dates, (6) the categories of air transportation services authorized, (7) the regions of flight operations, (8) the flight rules applicable to the service, (9) the forms of air transportation services authorized, (10) the categories of aircraft approved, (11) the maintenance specifications of each aircraft, (12) the list of aircraft: and (13) any other item the Director determines is relevant to the issue of the Air Operator certificate. (b) [Reserved] Amendment of an Air Operator Certificate (a) An Air Operator certificate may be amended: (1) by application from the holder, where the Director rules favourably upon such application, or (2) at the Director s discretion where he is of the opinion that such amendment is essential to flight safety and is in the public s best interest. (b) Where the Director decides to refuse approval of any application made under this subpart, the certificate holder may, within 30 days of notification of such refusal, petition the Director to reconsider that decision Amendment to or Additional Operations Specifications (a) An operations specification may be amended, or additional operations specifications issued: (1) upon application by the holder, if the Director determines that: (i) the additions, changes or deviations applied for, are authorized by this part: (ii) such additions, changes or deviations are applied for in a form and manner prescribed by the Director: and, (iii) the Director is of the opinion that an acceptable level of safety can be maintained and such operation would be in the public s best interest. SUBPART B B - 7

25 (2) at the Director s discretion where he is of the opinion that an amendment to an operations specification is essential to flight safety and is in the public s best interest. (b) Where the Director decides to refuse approval of any application made under paragraph (a)(1) of this section, the holder may, within 30 days of notification of such refusal, petition the Director to reconsider his decision. (c) Where the Director decides to amend an operations specification under paragraph (a) (2) of this section, he shall: (1) give the holder written notice of proposed amendment, stating the reason for such amendment. (2) allow a reasonable period of time (but not less than seven days) for the holder to make written representation on the matter of the proposed amendment, or the date such amendment would come into force. (3) after considering any representation, notify the holder of his decision to either impose the amendment, or rescind the notice of proposed amendment. (d) Except where safety concerns require immediate compliance, where the Director decides to issue the amendment under paragraph (a)(2) of this section, the effective date of that amendment will commence not earlier than 30 days after the date of issue. (e) The Director may require the holder of an Air Operator certificate to submit for approval, prior to the effective date of any amendment issued under Paragraph (a)(2) of the section, anything deemed necessary to fully comply with the amendment b Renewal of Validity of Air Operator Certificate A certificate holder who wish to renew his validity of his Certificate shall : (a) Apply in a form and manner acceptable to the DGCA; (b) Forward the application to the DGCA at least 60 consecutive calendar days before expiration of his Certificate, to allow sufficient time for the DGCA to conduct a quality audit to determine whether the certificate holder remains in compliance, in conformance and in adherence with appropriate regulations, in order to be able to conduct a safe operation Availability of Air Operator Certificate and Operations Specifications Each certificate holder shall display its air operator certificate and operations specifications at its home base, in an accessible and conspicuous place where it is readily available for inspection by the Director. In complying with this section it is not necessary for the certificate holder to display the AOC in a public place, but must be in a location which is not normally locked during business hours and identified in the company operations manual. SUBPART B B - 8

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