121.1 Applicability
(a) Except as prescribed in paragraph (b) of this section, this Part
prescribes rules governing the certification and operations of the following:
(1) Each air operator engaging in international
or domestic air transportation under an air operator certificate (AOC) issued
by the Egyptian Civil Aviation Authority (ECAA). This includes both air carrier and air taxi
certificates;
(2) Each AOC holder covered by this section when engaging in charter flights or other special service operations; and
(3) Each AOC holder when it engages in the carriage of persons or property for compensation or hire under an air operator certificate issued by the ECAA.
(b) In addition, this Part prescribes rules governing:
(1) Each person employed or used by an air operator in operations under this Part, including the maintenance, preventive maintenance, and alteration of aircraft; and
(2) Each person who is on-board an aircraft being operated under this Part.
(c) The rules of Part 91
applies also to the 121 certificate holders unless more stringent rules are
mentioned in this Part
121.2 Definitions for the purpose
of this Part
(a) “Passenger-carrying
aircraft” or “passenger-carrying operation” means one carrying any person other
than a person listed in 121.583, or carrying any person other than a cockpit
crewmember or other crewmember, company employee, authorized government
representative, or person accompanying a shipment.
(b) “Air Taxi Operations“
Operations conducted by Egyptian air operator,
in an air transport service, of any of
the following:
(1) Airplane having a maximum seating capacity
of less than 50, including any required crewmember seat or a maximum
certificated take-off mass of less than
(2) Any aircraft that is authorized
by the ECAA president to be operated under
this operation
Operations conducted by
Egyptian air operator, in an air transport service, of any of the following:
(1)
Airplane having a maximum seating capacity of (50 or more ) including any required crewmember seat and a maximum certificated take-off mass of
(20,500 or more ).
(2) Any aircraft that is authorized by
the ECAA president to be operated under
this Subpart.
(d) “Egyptian citizen” means one of the
following:
(1) An individual who is a citizen of
(2) A partnership of which each member is such an
individual;
and
(3) A corporation or association created or organized
under the Egyptian laws of which the president and two-thirds or more of the
board of directors and other managing officers thereof are such individuals and
in which at least 51 percent of the voting interest is owned or controlled by
persons who are Egyptian citizens.
(e) “Common carriage” means the carriage of
persons or property for compensation and hire. A ”common carrier" means an
operation in which the main purpose is for compensation and hire.
A person may not operate as
an air operator unless that person:
(a) Is a citizen of the Arab Republic of Egypt;
(b) Obtains an air carrier or air taxi certificate; and
(c) Obtains operations specifications that prescribe the authorizations, limitations, and procedures under which each kind of operation must be conducted.
(a) From 1 January 2009, an
operator shall implement a safety management system acceptable to ECAA as detailed in EAC 00-11
(b) That system shall as a
minimum:
(1) Identify
safety hazards;
(2) Ensure that remedial action necessary
to maintain an acceptable level of safety is implemented;
(3) Provide for continuous monitoring and regular
assessment of the safety level achieved; and
(4) Aim to make continuous improvement to
the overall level of safety.
(c) An operator of an aero plane of a
certificated take-off mass in excess of
(d) An operator of an aero plane of a maximum
certificated take-off mass in excess of
27 000 kg shall establish and maintain a
flight data analysis programme as part of its safety management system.
(e) An operator may contract the operation of
a flight data analysis programme to another party while retaining overall
responsibility for the maintenance of such a programme.
(f) A flight data analysis programme shall be
non-punitive and contain adequate safeguards to protect the source(s) of the
data.
(g) An operator shall establish a flight safety
documents system, for the use and guidance of operational personnel, as part of
its safety management system.
(a)
Except for
short term lease agreements as defined in EAC121-2 (as amended) or unless otherwise
authorized by the ECAA, prior to conducting operations involving a lease, each
certificate holder under this Part authorized to conduct common carriage
operations under this subchapter shall provide the ECAA with a copy of the
lease to be executed which would lease the aircraft to any other person engaged
in common carriage operations under this subchapter, including foreign air
carriers, or to any other foreign person engaged in common carriage wholly
outside Egypt.
(b)
No certificate holder under this Part may lease from another air carrier, or
any other person not engaged in common carriage, except as provided in EAC121-2
(as amended).
(c)
Upon receiving a copy of a lease, the ECAA determines which party to the
agreement has operational control of the aircraft. The lessor must provide the
following information to be incorporated into operations specifications, as
needed:
(1) The names of the parties to the agreement and
the duration thereof;
(2) The nationality and registration markings of
each aircraft involved in the agreement;
(3) The kind of operation;
(4) The airports or areas of operation; and
(5) A statement specifying the party deemed to
have operational control and the times, airports, or areas under which such
operational control is exercised.
(d) In making the determination of paragraph (b) of this section, the ECAA will consider the following:
(1) Crewmembers and training;
(2) Airworthiness and performance of maintenance;
(3) Dispatch;
(4) Servicing the aircraft;
(5) Scheduling; and
(6) Any other factor the ECAA considers relevant.
(e) Other arrangements for transportation by air: Except as provided in paragraph (f) of this section, a certificate holder operating under this Part may not conduct any operation for another certificate holder under this Part or a foreign air operator under Part 129 or a foreign person engaged in common carriage wholly outside Egypt without the approval of the ECAA.
(f) A certificate holder under this Part may, if authorized by the ECAA, conduct one or more flights for passengers who are stranded because of the cancellation of their scheduled flights. These flights must be conducted under the rules of this Part.
Note: Details of the lease agreements and
requirements for both dry and wet lease are given in EAC121-2 (as amended).
121.7 [Reserved]
121.11 Rules applicable to
operations in a foreign country
(a) Each certificate holder shall, while operating an aircraft within 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.
(b) An operator shall ensure that all employees when abroad
know that they must comply with the laws, regulations and procedures of those
States in which operations are conducted.
121.13 Rules applicable to domestic helicopter operations: deviation
authority
Upon application by the
operator, the ECAA may issue operations specifications authorizing a deviation
from the specific requirements for domestic helicopter operations if they find
that the deviation provides a substantially equivalent standard of safety.
121.15 Carriage of narcotic
drugs, marihuana, and depressant or stimulant drugs or substances
If the holder of a
certificate issued under this Part permits any aircraft owned or leased by that
holder to be engaged in any operation that the certificate holder knows to be
in violation of The Egyptian Civil Aviation Law No 28, 1981, that operation is
a basis for suspending or revoking the certificate.
121.17
Rules applicable to air carrier and air taxi pilots to
operate more than one aircraft type. ( Ref. to ECAR 61.79)