Non-commercial operation of complex motor-powered aircraft
Last update
European legislation establishes the rules governing (i) the operation of aircraft for non-commercial purposes, (ii) the conditions and procedures of declaration that apply to operators, and (iii) the oversight of these operators.
All aircraft operators who wish to operate complex motor-powered aircraft for non-commercial purposes (NCC operations) must file a declaration with the competent authority of the European Union (EU) Member State:
- where their permanent establishment is located; or
- where they reside.
In Luxembourg, this is the Directorate of Civil Aviation (Direction de l'Aviation Civile – DAC).
Who is concerned
This applies to:
- operators of complex motor-powered aeroplanes, except those equipped with turboprop engines and having a maximum certificated take-off mass (MCTOM) of no more than 5,700 kg;
- operators of complex motor-powered helicopters involved in non-commercial operations.
Prerequisites
These operators must:
- declare their capability to discharge their responsibilities associated with the operation of aircraft, and the means at their disposal to do so;
- operate the aircraft in accordance with the provisions specified in Annex III (Part ORO) Annex VI (Part NCC) and Annex V (Part SPA) of Regulation (EU) No 965/2012.
Deadlines
The declaration must be filed before the start of the planned NCC operations and before any changes that may require a new declaration.
Costs
The operator will be required to pay an annual fee of EUR 1,000 for the ongoing oversight of a complex motor-powered aircraft declared to be used for non-commercial operations.
How to proceed
Filing of the declaration
Operators must file the declaration with the DAC by email, to: ops@av.etat.lu.
The declaration must be made using the declaration form.
All of the following information must be included in the declaration:
- the operator's name;
- the location where the operator has its permanent establishment;
- the name and contact details of the operator's accountable manager;
- the start date of the non-commercial operation and, where applicable, the date on which any changes to an existing non-commercial operation take effect;
- all of the aircraft used for the non-commercial operation, the type, registration, main base, type of operation and the organisation managing continuing airworthiness.
If necessary, operators must also communicate to the DAC a list of alternative means of compliance used (AltMoC).
Supporting documents
Operators of complex motor-powered aircraft involved in non-commercial operations must provide the DAC with:
- documents certifying that the DAC is the competent authority for the operator;
- the minimum equipment list (see "Application for document approval" procedure)
Application processing time
Upon receipt of the declaration, the DAC will:
- ensure that the declaration contains all of the information required by Part ORO of Regulation (EU) No 965/2012; and
- acknowledge receipt of the declaration within 10 working days.
If the declaration does not contain the required information, or contains information that reveals non-compliance with the applicable requirements, the DAC will inform the organisation of the non-compliance and request additional information.
The DAC will carry out an inspection if it believes it is necessary to do so. If the non-compliance is confirmed, the DAC will implement the measures listed in item ARO.GEN.350. Specifically, it will:
- prohibit or limit activities;
- revoke, limit or suspend the certificate or specific approval;
- set a deadline for remedying the non-compliance.
Duration of validity
The declaration will remain valid as long as the operator has not notified the DAC that it has discontinued its activities.
Obligations
Non-commercial operators of complex motor-powered aircraft must:
- provide all the relevant information before beginning the operations, using the declaration form;
- provide the DAC with a list of alternative means of compliance (AltMoC);
- maintain compliance with the applicable requirements and the information provided in the declaration;
- immediately notify the DAC of any changes to its declaration or means of compliance. In the event of a change, operators must file an amended declaration with the DAC as soon as possible using the required form;
- notify the DAC as soon as possible if it has discontinued its activities.
Online services and forms
Who to contact
-
Directorate of Civil Aviation
- Address:
-
4, rue Lou Hemmer
L-1748
Senningerberg
Luxembourg
Postbox 283 L-2012 Luxembourg
- Phone:
- (+352) 247 74 900
- Fax:
- (+352) 46 77 90
- Email address:
- civilair@av.etat.lu
- Website:
- https://dac.gouvernement.lu/en.html
Open Ferme à 17h00
- Friday:
- 8h30 à 12h00, 13h00 à 17h00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8h30 à 12h00, 13h00 à 17h00
- Tuesday:
- 8h30 à 12h00, 13h00 à 17h00
- Wednesday:
- 8h30 à 12h00, 13h00 à 17h00
- Thursday:
- 8h30 à 12h00, 13h00 à 17h00
Related procedures and links
Procedures
Links
Further information
-
Directorate of Civil Aviation (DAC)
Website
-
Non-commercial operations with complex motor-powered aircraft (NCC)
on the website of the European Union Aviation Safety Agency
-
Regulation
on the website of the European Union Aviation Safety Agency
-
Easy access rules for aerodromes
on the website of the European Union Aviation Safety Agency
Legal references
-
Règlement (UE) N° 965/2012 de la Commission du 5 octobre 2012
déterminant les exigences techniques et les procédures administratives applicables aux opérations aériennes conformément au règlement (CE) n ° 216/2008 du Parlement européen et du Conseil
-
Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018
on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency
-
Règlement grand-ducal du 19 novembre 2019
instituant la perception de taxes et de redevances relatives aux inspections et contrôles techniques dans le domaine de la navigabilité des aéronefs et des opérations aériennes
