Commission Implementing Regulation (EU) 2024/1111 of 10 April 2024 amending Regulation (EU) No 1178/2011, Implementing Regulation (EU) No 923/2012, Regulation (EU) No 965/2012 and Implementing Regulation (EU) 2017/373, as regards the establishment of requirements for the operation of manned aircraft with a vertical take-off and landing capability

1 Applicants that hold a commercial pilot licence for aeroplanes (CPL(A)) or helicopters (CPL(H)) in accordance with Annex I (Part-FCL) shall be entitled to be issued with a type rating for a VCA and shall exercise the privileges of such a type rating, provided they comply with all the following: (a) the prerequisites specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012; (b) Section 1 of Subpart H of Annex I (Part-FCL) and the provisions of this Article.

2 The theoretical knowledge examination shall be written, and the number of multiple-choice questions shall depend on the complexity of the aircraft.

3 Type rating training, skill tests and proficiency checks for aircraft specified in paragraph 1 shall: (a) comply with the following requirements of Appendix 9 to Annex I (Part-FCL): (i) Section A; (ii) Sections B, C or D, as determined and unless otherwise specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012; and (b) under the conditions and to the extent specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, include additional training and testing to allow applicants to obtain the competence to operate the relevant VCA.

4 By way of derogation from the paragraphs above, applicants that hold a CPL(A) or a CPL(H) and that were involved in test flights for a particular type of VCA shall be issued with a type rating for that aircraft, provided they comply with all the following: (a) they comply with the flight conditions for acting as test pilot in the relevant VCA type, as established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012; (b) they have completed either 50 hours of total flight time or 10 hours of flight time as pilot-in-command on test flights in the relevant VCA type; (c) they comply with the prerequisites referred to in paragraph 1(a).

5 The validity period of type ratings issued in accordance with this Article shall be 1 year. Holders shall do all the following: (a) in order to revalidate the type rating: (i) within the validity period of the rating, complete at least 2 hours of flight time as pilot of the relevant VCA type; (ii) within the 3 months immediately preceding the expiry date of the rating and in the relevant VCA type or an FSTD representing that aircraft, pass a proficiency check in accordance with paragraph 3, the duration of which may be counted towards the flight time specified in paragraph (a)(i). If applicants choose to pass the proficiency check earlier than within these 3 months, the new validity period shall commence from the date of the proficiency check; (b) in order to renew the type rating, comply with point FCL.740(b) of Annex I (Part-FCL).

6 Holders of a licence and a type rating as specified in paragraph 1 shall be entitled to operate the relevant VCA under instrument flight rules, provided they comply with all the following: (a) they hold an IR(A) or an IR(H), as applicable; (b) they have, in the relevant VCA type, completed the skill test or the proficiency check, as applicable, in accordance with paragraph 3 including the content relevant for instrument flight.

7 Notwithstanding point FCL.900(b) of Annex I (Part-FCL), applicants that hold an instructor certificate in accordance with Annex I (Part-FCL) with privileges to provide training for aeroplane or helicopter type ratings shall be issued with privileges to provide training for type ratings specified in paragraph 1, provided they: (a) hold a type rating as per paragraph 1 for the relevant VCA type; (b) unless otherwise specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, have, within the 12 months preceding the application, completed at least 30 route sectors, including take-offs and landings, as pilot-in-command in the relevant VCA type, of which 15 route sectors may be completed in an FSTD representing that VCA type; (c) have completed, at an ATO, theoretical and practical training for extending instructor privileges to that VCA type, including mandatory training elements as specified in the operational suitability data established in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012; (d) pass the relevant sections of the assessment of competence in accordance with point FCL.935 of Annex I (Part-FCL). By way of derogation from paragraphs (b), (c) and (d), applicants that hold a TRI(A) certificate or a TRI(H) certificate and that were issued with a type rating for a VCA in accordance with paragraph 4, shall receive an extension of their TRI privileges to that VCA type.

8 Holders of instructor privileges referred to in paragraph 7 shall receive revalidation or renewal, as applicable, of these privileges when they comply with the relevant revalidation or renewal requirements of Subpart J of Annex I (Part-FCL), as applicable for the instructor certificate held, and additionally do either of the following: (a) complete, at an ATO, instructor refresher training that focuses on the privileges as per paragraph 7; (b) pass the relevant sections of the assessment of competence in accordance with point FCL.935 of Annex I (Part-FCL) in the relevant VCA type specified in paragraph 1 or an FSTD representing that type.

9 Notwithstanding point FCL.1000(b) of Annex I (Part-FCL), applicants that hold an examiner certificate in accordance with Annex I (Part-FCL) with privileges to act as an examiner for aeroplane or helicopter type ratings shall be issued with privileges to conduct skill tests and proficiency checks for an VCA type specified in paragraph 1, provided they hold instructor privileges as per paragraph 7 for the relevant VCA type and comply with all the following in the relevant VCA type or an FSTD representing that type: (a) complete examiner standardisation in accordance with point FCL.1015 of Annex I (Part-FCL), including the conduct of at least one skill test or proficiency check; (b) pass the relevant sections of the assessment of competence in accordance with point FCL.1020 of Annex I (Part-FCL).

10 Holders of examiner privileges referred to in paragraph 9 shall receive revalidation or renewal, as applicable, of these privileges when they comply with the relevant parts of point FCL.1025 of Annex I (Part-FCL) and additionally do either of the following: (a) complete an examiner refresher course in accordance with point FCL.1025(b)(2) of Annex I (Part-FCL) that focuses on the privileges as per paragraph 9; (b) pass the relevant sections of the assessment of competence in accordance with point FCL.1020 of Annex I (Part-FCL) in the relevant VCA type or an FSTD representing that type.’

Implementing Regulation (EU) No 923/2012 is amended as follows: (1) Article 2 is amended as follows: (a) point 85 is replaced by the following: ‘(85) “rotorcraft” means a power-driven, heavier-than-air aircraft that depends principally for its support in flight on the lift generated by up to two rotors;’; (b) the following points are inserted: ‘(85a) “helicopter” means a type of rotorcraft supported in flight chiefly by the reactions of the air on up to two power-driven rotors on substantially vertical axes; (85b) “vertical take-off and landing (VTOL)-capable aircraft (VCA)” means a power-driven, heavier-than-air aircraft, other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during take-off and landing;’; (c) the following point is inserted: ‘(94a) “minimum fuel” means a term used to describe a situation in which an aircraft’s fuel/energy supply has reached a state where the flight is committed to land at a specific aerodrome and no additional delay can be accepted;’; (2) the Annex is amended in accordance with Annex II to this Regulation.

‘1a This Regulation lays down detailed rules for innovative air mobility operations in accordance with visual flight rules by day conducted with the surface in sight with single pilot manned aircraft with a vertical take-off and landing capability referred to in points (b)(i) and (ii) of Article 2(1) of Regulation (EU) 2018/1139.’

‘1b Operators shall only operate VCA in the context of IAM operations as specified in Annexes III and IX to this Regulation.’

‘1 CAT operations with aeroplanes and helicopters shall be subject to the requirements of Subpart FTL of Annex III.’

‘5 An IAM operator shall, as regards flight time limitations, comply with the requirements specified in the national law of the Member State in which the operator has its principal place of business, or, where the operator has no principal place of business, the place where the operator is established or resides.’

In point ATS.TR.305 of Annex IV to Implementing Regulation (EU) 2017/373, the following point (7a) is inserted to subpoint (a): ‘(7a) information on unmanned aircraft;’.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 May 2025.