Aerodrome operating minima — determination
38.—(1)  An AOC holder must establish aerodrome operating minima for every aerodrome that is selected as a departure, destination or alternate aerodrome for a flight of a relevant aircraft.
(2)  Subject to paragraph (4), an AOC holder must specify in its Operations Manual —
(a)the aerodrome operating minima for every aerodrome mentioned in paragraph (1); and
(b)the method used to determine the aerodrome operating minima.
(3)  The method of determination mentioned in paragraph (2)(b) must involve the consideration of the following matters:
(a)the type, performance and handling characteristics of the aircraft to be used for an operation and any relevant conditions in the aircraft’s Certificate of Airworthiness;
(b)the composition of the flight crew, their competence and experience;
(c)the dimensions and characteristics of every runway or helipad that may be selected for use;
(d)the adequacy and performance of the available visual and non-visual ground aids;
(e)the equipment available on the aircraft for the purpose of navigation, acquisition of visual references or control of the flight path during the approach to landing and the missed approach;
(f)the obstacles in the approach and missed approach areas and the obstacle clearance altitude or height for every instrument approach procedure that may be proceeded with at an aerodrome;
(g)the means used to determine and report meteorological conditions;
(h)any obstacles in the climb-out areas and necessary clearance margins;
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(i)any conditions specified in the operations specifications associated with the AOC holder’s air operator certificate;
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(j)any aerodrome operating minima that may be established for an aerodrome by the State of the Aerodrome.
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(4)  If the flight of a relevant aircraft is not a scheduled journey or any part of such a journey, and is not an extended diversion time operation, an AOC holder may, in lieu of the details required under paragraph (2), specify in its Operations Manual —
(a)the method of determining the appropriate aerodrome operating minima, for use by a pilot‑in‑command, in respect of an aerodrome that may be selected for the flight; and
(b)when an aerodrome selected for the flight is an aerodrome where meteorological observations cannot be communicated to the pilot‑in‑command of an aircraft in flight, the general directions to the AOC holder’s pilots concerning aerodrome operating minima for safe operation.
(5)  For every flight of a helicopter, the AOC holder must ensure that the operating minima for each heliport or landing site selected for the operation includes sufficient guidance for the flight crew to control the helicopter during —
(a)a discontinued take-off in adverse conditions; and
(b)a continued take-off after failure of a critical engine.
(6)  The aerodrome operating minima determined in accordance with the method specified in paragraph (3) for a selected aerodrome must not be lower than the aerodrome operating minima that may be established for that aerodrome by the State of the Aerodrome except in any particular case where the State of the Aerodrome has specifically approved the AOC holder’s use of a lower aerodrome operating minima.
(7)  An AOC holder must not use any head-up display, enhanced vision system, synthetic vision display, or combined vision system, where equipped, to gain operational credits for operations in conditions of lower visibilities than normally associated with the aerodrome operating minima, except under and in accordance with an approval granted by the Director‑General of Civil Aviation to the AOC holder under the Air Navigation (98 — Special Operations) Regulations 2018 for that purpose.
(8)  An AOC holder must not use aerodrome operating minima lower than Category I except under and in accordance with an approval granted by the Director‑General of Civil Aviation under the Air Navigation (98 — Special Operations) Regulations 2018 for that purpose.
(9)  In this regulation —
“aerodrome operating minima” includes the minimum weather conditions appropriate to each set of circumstances which can be reasonably expected at every runway or helipad that may be selected for use;
“scheduled journey” has the meaning given by the Air Navigation (Licensing of Air Services) Regulations (Rg 2).