SUBPART I Performance Limitations
SUBPART T Flight Operations
121.531 Applicability
(a) This subpart prescribes requirements for flight operations applicable to all certificate holders, except where otherwise specified.
(b) Operating facilities : An operator shall ensure that a flight will not be commenced unless it has been ascertained by every reasonable means available that the ground and/or water facilities available and directly required on such flight, for the safe operation of the aeroplane and the protection of the passengers, are adequate for the type of operation under which the flight is to be conducted and are adequately operated for this purpose.“Reasonable means” is intended to denote the use, at the point of departure, of information available to the operator either through official information published by the aeronautical information services or readily obtainable from other sources.
(c) An operator shall ensure that any inadequacy of facilities observed in the course of operations is reported to the authority responsible for them, without undue delay.
121.533 Responsibility for operational control
(a) Each certificate holder is responsible for operational control.
(b) The pilot in command and operations control are jointly responsible for the pre-flight planning and flight release of a flight in compliance with this Part and operations specifications.
(c) Operations control is responsible for:
(1) Monitoring the progress of each flight;
(2) Issuing necessary information for the safety of the flight; and
(3) Canceling a flight if, in his opinion or the opinion of the pilot in command, the flight cannot operate or continue to operate safely as planned.
(d) Each pilot in command of an aircraft is, during flight time, in command of the aircraft and crewmembers and is responsible for the safety of the passengers, crewmembers, cargo, and aircraft.
(e) Each pilot in command has full control and authority in the operation of the aircraft, without limitation, over other crewmembers and their duties during flight time, whether or not he holds valid licenses authorizing him to perform the duties of those crewmembers.
(f) No pilot may operate an aircraft in a careless or reckless manner so as to endanger life or property.
(g) In the event of an emergency, a flight operations officer/flight dispatcher shall:
(2) initiate such procedures as outlined in the operations manual while avoiding taking any action that would conflict with ATC procedures; and
(3) convey safety-related information to the pilot-in-command that may be necessary for the safe conduct of the flight, including information related to any amendments to the flight plan that become necessary in the course of the flight.
Note.— It is equally important that the pilot-in-command also convey similar information to the flight operations officer/flight dispatcher during the course of a flight, particularly in the context of emergency situations.
121.535 Checklists
(a) The operator shall provide operations staff and flight crew with an aircraft operating manual in accordance with 121.137, for each aircraft type operated, containing the normal, abnormal and emergency procedures relating to the operation of the aircraft. The manual shall include details of the aircraft systems and of the checklists to be used. The design of the manual shall observe Human Factors principles.
(b) The checklists provided in accordance with (a) shall be used by flight crews prior to, during and after all phases of operations, and in emergency, to ensure compliance with the operating procedures contained in the aircraft operating manual and the aeroplane flight manual or other documents associated with the certificate of airworthiness and otherwise in the operations manual, are followed.
121.537 In-flight operational instructions
Operational instructions involving a change in the ATS flight plan shall, when practicable, be coordinated with the appropriate ATS unit before transmission to the aeroplane.
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121.539 Operations notices
Each certificate holder shall notify its appropriate operations personnel of each change in equipment and operating procedures, including each known change in the use of navigation aids, air traffic control procedures and regulations, local airport traffic control rules, and known hazards to flight, including icing and other potentially hazardous meteorological conditions and irregularities with airport ground and navigation facilities.
121.541 Operations schedules: All operators
In establishing flight operations schedules, each operator shall allow enough time for the proper servicing of aircraft at intermediate stops, and shall consider the prevailing winds en route and the cruising speed of the type of aircraft used. This cruising speed may not be more than that resulting from the specified cruising output of the engines.
121.542 Cockpit crewmember duties
(a) No certificate holder shall require, nor may any cockpit crewmember perform, any duties during a critical phase of flight except those duties required for the safe operation of the aircraft. Duties such as company required calls made for such non-safety related purposes as ordering galley supplies and confirming passenger connections, announcements made to passengers promoting the air carrier or pointing out sights of interest, and filling out company payroll and related records are not required for the safe operation of the aircraft.
(b) No cockpit crewmember may engage in, nor may any pilot in command permit, any activity during a critical phase of flight which could distract any cockpit crewmember from the performance of his or her duties or which could interfere in any way with the proper conduct of those duties. Activities such as eating meals, engaging in nonessential conversations within the cockpit and nonessential communications between the cabin and cockpit crews, and reading publications not related to the proper conduct of the flight are not required for the safe operation of the aircraft.
(c) For the purposes of this section, critical phases of flight includes all ground operations involving taxi, takeoff and landing, and all other flight operations conducted below 10,000 feet above ground level, except cruise flight.
Note: Taxi is defined as: movement of an aircraft under its own power on the surface of an airport.
121.543 Cockpit crewmembers at controls
(a) Except as provided in paragraph (b) of this section, each required cockpit crewmember on flight deck duty must remain at the assigned duty station with seat belt fastened while the aircraft is taking off or landing, and while it is en route.
(b) A required cockpit crewmember may leave the assigned duty station:
(1) If the crewmember's absence is necessary for the performance of duties in connection with the operation of the aircraft;
(2) If the crewmember's absence is in connection with physiological needs; or (3) If the crewmember is taking a rest period, and relief is provided:
(i) In the case of the assigned pilot in command during the en route cruise portion of the flight, by a pilot who holds an airline transport pilot license and an appropriate type rating, is currently qualified as pilot in command or second in command, and is qualified as pilot in command of that aircraft during the en route cruise portion of the flight. A second in command qualified to act as a pilot in command en route needs not have completed the following pilot in command requirements: The operating experience required by 121.434(c)(1); the line check required by 121.440; the pilot in command qualification; the route and airports required by 121.443; and the pilot in command airport qualification required by 121.445; and
(ii) In the case of the assigned second in command, by a pilot qualified to act as second in command of that aircraft during en route operations.
121.545 Manipulation of controls
No pilot in command may allow any person to manipulate the controls of an aircraft during flight nor may any person manipulate the controls during flight unless that person is:
(a) A qualified pilot of the certificate holder operating that aircraft; and
(b) A pilot of another certificate holder who has the permission of the pilot in command, is qualified in the aircraft, and is authorized by the certificate holder operating the aircraft.
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121.547 Admission to flight deck
(a) No person may admit any person to the flight deck of an aircraft unless the person being admitted is:
(1) A cockpit crewmember;
(2) An ECAA inspector, who is performing official duties;
(3) An employee of the ECAA, the certificate holder, or an aeronautical enterprise who has the permission of the pilot in command and whose duties are such that admission to the flight deck is necessary or advantageous for safe operation; or
(4) Any person who has the permission of the pilot in command and is specifically authorized by the certificate holder's management or by the ECAA. Subparagraph (a)(2) of this paragraph does not limit the emergency authority of the pilot in command to exclude any person from the flight deck in the interests of safety.
(b) For the purposes of paragraph (a)(3) of this section, employees of the ECAA who deal with matters relating to safety and employees of the certificate holder whose efficiency would be increased by familiarity with flight conditions, may be admitted by the certificate holder.
However, the certificate holder may not admit employees of traffic, sales, or other departments that are not directly related to flight operations, unless they are eligible under paragraph(a)(4) of this section.
(c) No person may admit any person to the flight deck unless there is a seat available for his use in the passenger compartment, except:
(1) An ECAA inspector who is checking or observing flight operations;
(2) An air traffic controller who is authorized by the ECAA to observe ATS procedures;
(3) A licensed crewmember employed by the certificate holder whose duties require a license;
(4) A licensed crewmember employed by another certificate holder whose duties with that carrier require a license and who is authorized by the certificate holder operating the aircraft to make specific trips over a route;
(5) An employee of the certificate holder operating the aircraft whose duty is directly related to the conduct or planning of flight operations or the in-flight monitoring of aircraft equipment or operating procedures, if his presence on the flight deck is necessary to perform his duties and he has been authorized in writing by a responsible supervisor, listed in the operations manual as having that authority;
(6) A technical representative of the manufacturer of the aircraft or its components whose duties are directly related to the in-flight monitoring of aircraft equipment or operating procedures, if his presence on the flight deck is necessary to perform his duties, and he has been authorized in writing by the responsible supervisor of the operations department of the certificate holder, listed in the Operations Manual as having that authority; and
(7) Any person so authorized by the ECAA or the certificate holder's management.
121.548 ECAA inspector's credentials: Admission to pilot's compartment
Whenever, in performing the duties of conducting an inspection, an inspector of the ECAA presents inspector's credentials to the pilot in command of an aircraft operated by an air carrier or air taxi, the inspector must be given free and uninterrupted access to the pilot's compartment of that aircraft.
121.549 Flying equipment
(a) The pilot in command shall ensure that appropriate aeronautical charts containing adequate information concerning navigation aids and instrument approach procedures are aboard the aircraft for each flight.
(b) Each crewmember shall, on each flight have readily available for his use a flashlight that is in good working order.
121.551 Restriction or suspension of operation: All operators
When an air carrier or air taxi operator knows of conditions, including airport and runway conditions, that are a hazard to safe operations, it shall restrict or suspend operations until those conditions are corrected.
121.553 Safeguarding of cabin crew and passengers in pressurized aeroplanes in the event of loss of pressurization
Cabin crew should be safeguarded so as to ensure reasonable probability of their retaining consciousness during any emergency descent which may be necessary in the event of loss of pressurization and, in addition, they should have such means of protection as will enable them to
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administer first aid to passengers during stabilized flight following the emergency. Passengers should be safeguarded by such devices or operational procedures as will ensure reasonable probability of their surviving the effects of hypoxia in the event of loss of pressurization
121.555 Compliance with approved routes and limitations: Air carriers No pilot may operate an aircraft in scheduled air transportation:
(a) Over any route or route segment unless it is specified in the air carrier’s operations specifications; or
(b) Other than in accordance with the limitations in the operations specifications.
121.557 Emergencies: Air carriers
(a) In an emergency situation that requires an immediate decision and action, the pilot in command may take any action that he considers necessary under the circumstances. In such a case he may deviate from prescribed operations procedures and methods, weather minimums, and this Part, to the extent required in the interests of safety.
(b) In an emergency situation arising during flight that requires immediate decision and action by a dispatcher, and that is known to him, operations control shall advise the pilot in command of the emergency, shall ascertain the decision of the pilot in command, and shall have the decision recorded. If operations control cannot communicate with the pilot, they shall declare an emergency and take any action that they consider necessary under the circumstances.
(c) Whenever a pilot in command or operations control use emergency authority, they shall keep the appropriate ATS facility informed of the progress of the flight. The person that declared the emergency shall send a written report of any deviation through the certificate holder’s operations manager to the ECAA. Operations control shall send their report within two days of the emergency and a pilot in command shall send their report within ten days of using the emergency authority.
121.559 Emergencies: Air taxis
(a) In an emergency situation that requires immediate decision and action, the pilot in command may take any action that he considers necessary under the circumstances. In such a case, he may deviate from prescribed operations, procedures and methods, weather minimums, and this Part, to the extent required in the interests of safety.
(b) In an emergency situation arising during flight that requires immediate decision and action by appropriate management personnel in the case of operations conducted with a flight following service and which is known to them, those personnel shall advise the pilot in command of the emergency, shall ascertain the decision of the pilot in command, and shall have the decision recorded. If they cannot communicate with the pilot, they shall declare an emergency and take any action that they consider necessary under the circumstances.
(c) Whenever emergency authority is exercised, the pilot in command or the appropriate management personnel shall keep the appropriate ground radio station fully informed of the progress of the flight. The person declaring the emergency shall send a written report of any deviation, through the operator's director of operations to the ECAA within 10 days after using their emergency authority.
121.561 Reporting potentially hazardous meteorological conditions and irregularities of ground and navigation facilities
(a) Whenever he encounters a meteorological condition or an irregularity in ground or navigational facility, in flight, the knowledge of which he considers essential to the safety of other flights, the pilot in command shall notify an appropriate ground station as soon as practicable.
(b) The ground radio station that is notified under paragraph (a) of this section shall report the information to the agency directly responsible for operating the facility.
121.563 Reporting mechanical irregularities
The pilot in command shall ensure that all mechanical irregularities occurring during flight time are entered in the maintenance log of the aircraft at the end of that flight sector. Before each flight the pilot in command shall ascertain the status of each irregularity entered in the log that resulted from the preceding flight.
121.565 Engine inoperative: Landing
(a) Except as provided in paragraph (b) of this section, whenever an engine of an aircraft fails or whenever the rotation of an engine is stopped to prevent possible damage, the pilot in command
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shall land the aircraft at the nearest suitable airport, in point of time, at which a safe landing can be made.
(b) If not more than one engine of an aircraft that has three or more engines fails or its rotation is stopped, the pilot in command may proceed to an airport that he selects if, after considering the following, he decides that proceeding to that airport is as safe as landing at the nearest suitable airport:
(1) The nature of the malfunction and the possible mechanical difficulties that may occur if flight is continued;
(2) The altitude, weight, and usable fuel at the time of engine stoppage;
(3) The weather conditions en route and at possible landing points;
(4) The air traffic congestion;
(5) The kind of terrain; and
(6) His familiarity with the airport to be used.
(c) The pilot in command shall report each stoppage of engine rotation or loss of engine power in flight to the appropriate ground radio station as soon as practicable and shall keep that station fully informed of the progress of the flight.
(d) If the pilot in command lands at an airport other than the nearest suitable airport, in point of time, he shall (upon completing the trip) send a written report, in duplicate, to his operations manager, or the director of operations stating his reasons for determining that his selection of an airport, other than the nearest airport, was as safe a course of action as landing at the nearest suitable airport. The operations manager or director of operations shall, within 10 days after the date of the incident, send a copy of this report with his comments to the ECAA charged with the overall inspection of the air carrier's operations.
121.567 Instrument approach procedures and IFR landing minimums
(a) No person may make an instrument approach at an airport except in accordance with IFR weather minimums and instrument approach procedures set forth in the certificate holder's operations specifications. An operator shall establish operational procedures designed to ensure that an aeroplane being used to conduct precision approaches crosses the threshold by a safe margin, with the aeroplane in the landing configuration and attitude.
(b) One or more instrument approach procedures designed in accordance with the classification of instrument approach and landing operations shall be approved and promulgated by the State in which the aerodrome is located to serve each instrument runway or aerodrome utilized for instrument flight operations.
(c) All aeroplanes operated in accordance with instrument flight rules shall comply with the instrument flight procedures approved by the State in which the aerodrome is located.
121.569 Equipment interchange: All operators
(a) Before operating under an interchange agreement, each operator shall show that:
(1) The procedures for the interchange operation conform with this Part and with safe operating practices;
(2) Required crewmembers and dispatchers, if applicable, meet approved training requirements for the aircraft and equipment to be used and are familiar with the communications and dispatch procedures to be used;
(3) Maintenance personnel meet training requirements for the aircraft and equipment, and are
(3) Maintenance personnel meet training requirements for the aircraft and equipment, and are