Pre-Flight Action by Commander


AIM: To understand the legal responsibilities of a pilot prior to every flight in command.

Introduction

Article 43 of the UK ANO (Air Navigation Order) details the pre flight actions and responsibilities of the commander of an aircraft before flight. It states:

The commander of an aircraft registered in the United Kingdom shall reasonably satisfy himself before the aircraft takes off:

a) that the flight can safely be made taking into account the latest information available as to the route and aerodrome to be used, the weather reports and forecasts available and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

b)(i) That the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is carried and is in a fit condition for use; or (ii) That the flight may commence under and in accordance with the terms of a permission granted to the operator pursuant to article 16 of this Order;

c) That the aircraft is in every way fit for the intended flight, and that where a certificate of maintenance review is required by article 10(1) of this Order to be in force, it is in force and will not cease to be in force during the intended flight;

d) that the load carried by the aircraft is of such weight, and so distributed and secured, that it may safely be carried on the intended flight;

e) in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies, and, for the case of a flight for the purpose of public transport, that the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;

f) in the case of an airship or balloon, that sufficient ballast is carried for the intended flight;

g) In the case of a flying machine, that having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination; and

h) that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft.

This article sets out the legal responsibilities of the commander of any aircraft from a single-seater piston aeroplane to a Boeing 747. The responsibilities for both are the same under the law, and it is essential therefore that you have a good understanding of what is required prior to solo flight. The article is clearly quite a mouthful, and we will now proceed to examine it line by line.

a) Weather & NOTAMs etc

  ...that the flight can safely be made taking into account the latest information available as to the route and aerodrome to be used, the weather reports and forecasts available and any alternative course of action which can be adopted in case the flight cannot be completed as planned.

This part of the article is fairly straightforward. We must check the actual and forecast weather at our point of departure and destination. We must also check the weather en-route and at other places in case a diversion from our destination becomes necessary. The weather must be above our limits (with regard to such things as cloud base, visibility and cross-wind) in all these places before we may safely and legally begin the flight. Notice the use of the word latest information. We must make sure that the weather and navigation information we are looking at is as up to date as possible. Note also that not just weather, but also NOTAMs and other last minute information is included in this requirement.


b) Aircraft Equipment

(i) That the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is carried and is in a fit condition for use; or (ii) That the flight may commence under and in accordance with the terms of a permission granted to the operator pursuant to article 16 of this Order.

(i) Schedule 8 of the ANO sets out the equipment required to be carried for flights under different circumstances. In our case, the most common type of flight will be found in Schedule 4(2)a:

When flying for purposes other than public transport by day under VFR, we are required to carry

Other lists of equipment are listed for other flight circumstances involving such things as life-jackets, survival equipment and oxygen.

(ii) The second part of this section refers us to article 16. This deals with Minimum Equipment Lists (MELs). MELs are established for larger aircraft and give guidance on which items may be unserviceable and which may not. If for example our aircraft carried two altimeters and one of them was broken, the MEL would give guidance on whether or not the flight could proceed depending on the type of flight to be made. MELs are unlikely to be encountered in light aircraft flying.

c) Aircraft Fitness

That the aircraft is in every way fit for the intended flight, and that where a certificate of maintenance review is required by article 10(1) of this Order to be in force, it is in force and will not cease to be in force during the intended flight.

 The aircraft must be fit to fly, in that all necessary inspections and maintenance have been carried out. This can be checked by ensuring all the aircraft documentation is in order. Article 10(1) tells us that aircraft whose Certificate of Airworthiness is in the Public Transport or Aerial Work categories must have a Certificate of Maintenance review. This certificate will show a date when the next inspection is due.

d) Weight & Balance

That the load carried by the aircraft is of such weight, and so distributed and secured, that it may safely be carried on the intended flight.

The aircraft must be within weight and balance limits for take off, en-route and for landing. This does not mean that a full calculation must be carried out before every flight, but the commander must be satisfied that the aircraft is within limits.

e) Fuel, Oil & Coolant

in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies, and, for the case of a flight for the purpose of public transport, that the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with.

Enough fuel must be carried for the intended flight allowing for contingencies such as bad weather, un-forecast headwinds, airfield closures etc. No specific guidance as to quantities is given in the ANO, but many flying schools have their own rules and may specify a certain minimum fuel to be carried. In the absence of any such guidance, you should always be satisfied that you have enough fuel, and engine coolant if to safely complete your flight. Obviously gliders are exempt from this requirement.

f) Ballast

in the case of an airship or balloon, that sufficient ballast is carried for the intended flight.

Fairly self explanatory, but of little consequence to us as fixed wing pilots. However, note that sometimes it may be necessary to use ballast on light aircraft to bring the centre of gravity within limits.


g) Performance

In the case of a flying machine, that having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination

This part of the article requires the pilot to carry out the necessary calculations from the aircraft performance pages of the flight manual for take off, en-route and landing. We must take into account the weather conditions expected (temperature, pressure, wind etc).

h) Pre-Fight Checks

that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft

This is where the pilot is required to carry out all pre-flight checks laid down. He may use the manufacturer’s check list, or a commercially produced one (or even his own one) provided that such a check list contains at least those items in the manufacturer’s check list.

Summary

The pre-flight actions may be remembered by the mnemonic:

Pre Flight Briefing by Commander

Also part of the pre-flight requirements of the commander, but listed separately as Article 44 is the passenger briefing:

(1) Subject to paragraph (2), the commander of an aircraft registered in the United Kingdom shall take all reasonable steps to ensure

(a) before the aircraft takes off on any flight, that all passengers are made familiar with the position and method of use of emergency exits, safety belts (with diagonal shoulder strap where required to be carried), safety harnesses and (where required to be carried) oxygen equipment, lifejackets and the floor path lighting system and all other devices required by or under this Order and intended for use by passengers individually in the case of an emergency occurring to the aircraft; and

(b) that in an emergency during a flight, all passengers are instructed in the emergency action which they should take.

(2) This article shall not apply to the commander of an aircraft registered in the United Kingdom in relation to a flight under and in accordance with the terms of a police air operator’s certificate.

Hence, except for police flights, the commander must brief his passengers regarding seat belts and emergency equipment. The CAA Safety Sense leaflet number 2 – Care of Passengers is a useful guide in this respect. It is meant to be read by both pilots and passengers and contains much valuable information. It ends with this summary:

Summary for Passengers

Have you been told how to use: • Seats/locking mechanism • Seat belts/harnesses • Door and emergency exit release • Front seat back release • Fire extinguisher • (lifejackets and life-raft) • where to find first aid kit. And what to do • in a forced landing • ditching?

Remember, it’s a LEGAL requirement for the pilot to tell you.


16Jun06 ©T&FA