DEC.

24, 20 I 2) PROCLAMATIO :5_ RULES A ND REGL'LATIO ·5

SIXTEENTH SC HEDULE (Regulations 67 and 75)

AIR OPERA TOR OPERATIONAL CONTROL AND FLIGHT RELEASE

REQUIREMENTS
SUBPART A: GENERAL
16.001 Applicability
16.005 Definitions
16.010 Acronyms
SUBPART B: OPERATIONAL CONTROL
16.015 Operational Control
16.018 Operational Control Requirements
16.020 Functions Associated with Operational Control
16.025 Qua lified Persons Requ ired for Operational Control Functions
16.027 Flight Dispatcher Privileges
16.030 Pilot-in-Command Responsibilities
16.035 Operational Control Duties
SUBPARTC: FLIGHT RELEASE
16.045 Flight Release - General
16.048 Decision-Making Records
16.050 Flight Release : Aircraft Maintenance Requirements
16.053 Flight Release : Crew Requirements
16.055 Flight Release : Facilities and NOTAMs
16.060 Flight Release : Weather Reports and Forecasts
16.065 Flight Release in Icing Conditions
16.070 Flight Release under VFR or IFR
16.075 Flight Release: Minimum Fuel Supply
16.080 Flight Release : Aircraft Loading and Performance
16.085 Flight Release : Amendment or Re-release Enroute
16.090 Flight Release with Airborne Weather Radar Equipment

SUBPART A: GENERAL
16.001 APPLICABILITY

(a) This Schedule prescribes the requirements for the operational control and flight release of aircraft by
Jamaica AOC holders, both within Jamaica and during international operations outside Jamaica.
(b) This Schedule is applicable to the AOC holder, the person designated by the AOC holder to issue a
flight release and any other person that performs a function regarding the flight that can be construed
to fall under the definition of operational control.

16.005 DEFINITIONS

For the purpose of this Schedule , the following definitions shall apply -
(1) "ATC flight plan ". A flight plan filed with ATC that is specific to the flight , which meets the
minimum requirements for an international flight as set out in the A/P Jamaica . A hard copy of an
ATC flight plan shall be made available to the PIC during flight time and be available at the base of
company operations;
(2) " company dispatch". A dispatch facility and system of flight relea se employed by a company
ihat provides for co-authority over the operational flight plan. The system of company dispatch is
described in the Company Operations Manual. Co-authority of operational control over a flight is
exercised by the PIC and a responsible company flight dispatcher;
(3) "direct communication" . The ability of the flight dispatcher and the PIC to communicate w_hile -
(i) airborne, using the air operator's facilities and electronic data link facility or any other facility
1224 PROCLAMATIONS. RULES AND REGULATIO S [DEC. 24, 20 12

S IXTEENTH SCHEDULE. conrd.

operated by a third party according to an agreement; and

(ii)on the ground, at stations regularly served by the air operator using equipment accessible to
the PIC and may include aircraft radios, telephone , data link or teletype;
(4) "dispatch facility". The facility provided by an operator, either directly or by contract, and
includes at least -
(i) equipment necessary for direct radio voice, telephone , data link or teletype contact with the
PIC at each airport regularly served by the air operator within the area of responsibility ;
(ii) adequate working environment incl uding record keeping and flight planning facilities ,
including generally the required charts , maps, weather forecasts and reports; and
(iii) dispatchers with -
(A) copies of appropriate NOTAMs;
(B) all weather reports for airports used as destination and alternates;
(C) actual, forecast, area and terminal weather information for departure, enroute ,
destination and alternate aerodromes;
{D) information on flight conditions along the route of flight;
(E) aeroplane operating manuals and Minimu m Equipment Lists , as appropriate ;
(F) a Company Operations Manual;
(G) airport runway data and aircraft performance data;
(H) such add itional information as may be needed to enable the formulation of an
operational flight plan or to exercise flight watch services ;
(I) a means to provide a hard copy of an operational flight plan , or an amendment to same ,
to the PIC; and
(J) a means of direct ATC contact.
(5) "flight release". Flight release of a flight occurs when the Flight Dispatcher has approved the
Operational Flight Plan and has submitted it and all other required documentation to the PIC for
acceptance . When there is disagreement between the flight dispatcher and the PIC over the
dispatch of a flight, the disagreement resolution policy , where one has been specified by the air
operator, or the most conservative course of action shall be followed .
(6) "flight dispatcher''. A person licensed by the Authority in accordance with the Eight Schedule
and authorized , after having met the training requirements specified in the Fourteenth Schedule, to
exercise operational control over an AOC holder's flights.
(7) " flight following " - Means a system of monitoring a flight's progress and provides for timely
notification to the company operations manager and search-and-rescue authorities where a flight
becomes overdue or is missing. Flight following procedures and the training and qualification for
individuals performing flight following duties shall be described in the Company Operations
Manual.
(8) "flight plan " - means that there is a record of the planned flight and that ATC has been provided
with advance notice of the flight through a company centre-stored flight plan or a flight plan filed
for the particular flight.
(9) "flight watch ". The method of flight supervision that ensures direct communication between the
responsible flight dispatcher or other assigned personnel of the AOC holder and the PIC on any
matters affecting the flight between the time a flight commences and terminates at its final
destination.
(10) "pilot self-dispatch ". A dispatch.system authorized by the company operations manager and set
out in the company operations manual which provides authority to the PIC to make operational
decisions with respect to the preparation for, initiation, continuation or termination of a flight.
Where a pilot self dispatch system is authorized, the PIC is responsible for the OFP.
(11) "pilot reports (Company)" . Reports passed to a company's base of flight operations either by air
radio or telephone , to the extent that facilities permit, on the progress of each flight. Where flight
following is in effect and a qualified person is on duty, the PIC shall be responsible for passing
messages conceming aeroplane departures and arrivals from point of origin , enroute stops and
final destination to that person .
(12) "qualified person ". An individual, other than a Flight Dispatcher, qualified in accordance with this
Schedule to exercise the functions and responsibilities for operational control and who is on duty
DEC. 24, 2012] PROCLAMATIONS, RULES AND REGULATIONS 1225

SIXTEENTH SCHEDULE, comd.

at the company-designated base of operations while flight operations are being conducted . A
qualified person is a representative of the Director of Operations.
16.010 A CRONYMS

The following acronyms are used in this Schedule •

(1) AOC - Air Operator Certificate;
(2) ATC - Air Traffic Control'
(3) ETA - Estimated Time of Arrival;
(4) ETOPS - Extended Twin-engine Operations;
(5) IMC - Instrument Meteorological Conditions ;
(6) LVTO- Low Visibility Take Off;
(7) NOTAM - Notice to Airmen ;
(8) OFP - Operational Flight Plan;
(9) RFM - Rotorcraft Flight Manual;
(10) RVR - Runway Visibility Range;
(11) RVSM - Reduced Vertical Separation Minimum;
(12) PIC - Pilot-in-command;
(13) SIC - Second-in-command ;
(14) SM- Statute Miles;
(15) VMC - Visual Meteorological Conditions.

SUBPART B: OPERATIONAL CONTROL

16.015 OPERATIONAL CONTROL

(a) Every AOC holder or a designated representative shall exercise operational control of the aircraft it
operates in commercial air transport and shall designate such person or persons charged with that
responsibility. Operational control may be exercised by the AOC holder or contracted to a third party.
{b) The primary task of operational control is the decision-making necessary to authorize, divert or
terminate a commercial air transport flight.
(c) Any person who participates in the decision-making for any of the tasks and functions associated with
operational control is considered to be a party to the flight release of the aircraft and subject to the
requirements of this Schedule.

16.018 O PERATIONAL CONTROL R EQUIREMENTS

(a) No AOC holder may operate an aircraft certificated for 9 or less passengers or a cargo-only aircraft
with a load capacity of 3,175 kilograms (7 ,000 pounds) or less unless that AOC holder has an
operational control system that -
(1) for VFR operations only, uses pilot self-d ispatch and pilot reports with flight following procedures ;
and
(2) for domestic IFR, night VFR and international operations, uses a qualified person for fl ight
following and pilot reports .
(b) No AOC holder may operate an aircraft certificated for more than 9 but less than 20 passengers or
cargo-only aircraft with a load capacity of more than 3,175 kilograms (7,000 pounds) unless that AOC
holder has an operational control system that -
(1) for VFR operations only , uses pilot se lf-dispatch and pilot reports with flight following procedures ;
(2) for domestic IFR or night VFR , uses a qualified person for flight following and pilot reports; and
(3) for international operations, uses a flight dispatcher with company dispatch and flight watch
procedures.
(c) No AOC holder may operate an aircraft certificated for 20 or more passengers , unless -
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SIXTEENTH SCHEDULE, contd.

(1 ) for VFR operations only, uses a flight dispatcher with company dispatch;
(2) for domestic IFR, night VFR and international operations, uses a flight dispatcher with company
dispatch and flis;iht watch procedures; and
(Note: With respect to the use of company dispatch, limited pilot self-dispatch of flights may be
permitted at those enroute stops where a lack of communications facilities prevents the co-
authority dispatch of a flight or where the flight is a charter flight. In such cases, the air operator
shall develop, and submit to the Authority for approval, procedures to ensure adequate
operational information is made available to the PIG to compensate for the lack of Flight
Dispatcher participation in the flight's next operational flight plan.)
(Note: With respect to the use of flight watch, the requirements for flight watch may be satisfied
by a system set out in the Company Operations Manual and approved by the Authority that
ensures timely communications between a PIC and the responsible Flight Dispatcher over those
routes not regularly served by the operator where direct communication is not practical because
of a lack of facilities. Timely communication means the ability to establish communications
between the PIC of a flight and the responsible flight dispatcher within 30 minutes of arrival at a
destination or enroute stops and within one hour while airborne.)
16.020 FUNCTIONS ASSOCIATED WITH OPERATIONAL CONTROL

The person(s) exercising responsibility for operational control for an AOC holder shall -
(1) authorize the specific flight operation ;
(2) ensure that an airworthy aircraft properly equipped for the flight is available ;
(3) ensure that qual ified personnel and adequate facilities are available to support and conduct the
flight;
(4) ensure that proper flight planning and preparation is made ;
(5) ensure that flight locating and flight following procedures are followed ; and
(6+ for flights with 20 or more passenger seats , ensure the monitoring of the progress of the flight and
the provision of information to the flight crew that may be necessary to safety .
16.025 QUALIFIED PERSONS REQUIRED FOR OPERATIONAL CONTROL FUNCTIONS

A qualified person or flight dispatcher shall be designated by the AOC holder to exercise the functions and
responsibilities for operational control of the flights indicated in Subsection 16.018 .

16.027 FLIGHT DISPATCHER PRIVILEGES

An aircraft dispatcher licensed ..under the Eighth Schedule may , when also qualified in accordance with the
Fourteenth Schedule , exercise the privileges of this licence as the on-duty supervisor or in the immed iate
dispatch of aircraft in the flight progress (flight watch) system of a scheduled air carrier.

16.030 PILOT-IN-COMMAND RESPONSIBILITIES

(a) For all flights , the PIC shares in the responsibility for operationa l control of the aircraft and has the
situational authority to make decis ions regarding operationa l control issues in-fli ght.
(b) Where a decision of the PIC differs from that recommended , the person making the recommendation
shall make a record of the associated facts .
(c) The PIC may be designated as the sole person to exercise operational control when the AOC holder
is using flight-locating as the primary method of flight supervision .

16.035 OPERATIONAL CONTROL DUTIES

(a) For fli ghts where a qualified person is performing the duties associated with operational control , that
person-
(1) may ass ist the PIC in flight preparation and provide the relevant information required ;
(2) may assist the PIC in preparing the operational and ATC flight plans;
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SIXTEENTH SCHEDULE, contd.

(3) will record departure and arrival information and any other information passed on by the PIC ;
(4) will furnish the PIC any information affecting the flight at enroute stops or via ATC ; and
(5) in the event of an emergency, will initiate the applicable procedures contained in the AOC
holder's Operations Manual.
(b) For flights where a Flight Dispatcher is performing the duties associated with operational control, that
personwill-
(1) assist the PIC in flight preparation and provide the relevant information required ;
(2) assist the PIC in preparing the operational and ATC flight plans ;
(3) sign the dispatch copy of the flight release;
(4) record departure and arrival information and any other information passed on by the PIC;
(5) will furnish the PIC any information which may be necessary for the safe conduct of the flight by
appropriate means; and
(6) in the event of an emergency , initiate the applicable procedures contained in the AOC holder's
Operations Manua l.
(c) A qualified person or Flight Dispatcher performing the operational control duties shall avoid taking
any action that would conflict with the procedures established by -
(1) air traffic control ;
(2) the meteorological service;
(3) the communications service; or
(4) AOC holder

SUBPART C: FLIGHT RELEASE

16.045 FLIGHT RELEASE - GENERAL

The AOC holder shall publish in the Operations Manual the procedures for flight release and clearly
specify who is responsible for the preparation of the release .

16.048 DECISION-MAKING RECORDS

(a) No person may issue a flight release for a commercial air transport unless the required flight
preparation documents have been reviewed and determined to be complete and accurate.
(b) The decision to authorize the flight release of an aircraft in commercial air transport operations must
be recorded using a method that can be verified at any time within 3 months after the flight.
(c) The signature of the PIC, and any other required person , on a filed OFP will be the primary method of
recording that decision.
(d) This flight release documentation must be retained at the point of departure by a designated
representative of the AOC holder, unless the Authority has approved a different method.

16.050 FLIGHT RELEASE : AIRCRAFT MAINTENANCE REQUIREMENTS

(a) An aircraft shall not be released for service unless there is in force a Certificate of Release to Service
that has been entered in the Technical Log and certified by;
(1 ) an AME whose licence has been endorsed for the aircraft type and who has been authorised to
make such a certification by the AOC holder under a maintenance system which has been
approved by the Authority; or
(2) an AME , employed by an AMO, or the AOC holder, who has been approved to make such a
certification under a maintenance system which has been approved by the Authority .
(b) No person may issue a flight release for a commercial air transport operation using an aircraft with an
inoperative instrument, item of equipment, or system , installed, except under the conditions specified
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SIXTEENTH SCHEDULE, contd.

in the Minimum Equipment List approved by the Authority for the AOC holder and for that type
aircraft.
(c) No person may issue a flight release for a commercial air transport operation unless the aircraft is
airworthy and properly equipped for the intended flight operation.

16.053 F LIGHT R ELEASE: CREW R EQUI REMENTS

No person may iss ue a flight release for a commercial air transport operation unless the crew is qualified
in accordance with the requirements of the Fourteenth and Fifteenth Schedules.

16.055 F LIGHT RE LEASE : FACILITIES AND NOTA M s

(a) No person may release an aircraft over any route or route segment unless there are adequate
communications and navigational facilities in satisfactory operating condition as necessary to conduct
the flight safely.
(b) The qualified person or flight dispatcher shall ensure that the PIC is provided all ava ilab le current
reports or information on aerodrome conditions and irregularities of navigation facilities that may
affect the safety of the flight.

(Note: For their re view of the OFP, the PIG will be provided with all available NOTA Ms with respect to
the routing, facilities and aerodromes.)

16.060 FLIGHT RE LEASE : WEATHER R EPORTS AND FORECASTS

(a) No person may release a flig ht unless he is thoroughly familiar with reported and forecast weather
conditions on the route to be flown .
(b) No person may release a flig ht unless he has communicated all information and reservations they
may have regard ing weather reports and forecasts to the PIC .

16.065 F LI GHT RELEASE IN ICING CONDITIONS

(a) No person may release an aircraft, when in their opinion or that of the PIC , the icing conditions that
may be expected or are met exceed that for which the aircraft is certified and has sufficient
operational de-icing or anti-icing equipment.
(b) No person may release an aircraft any time conditions are such that frost, ice or snow may
reasonably be expected to adhere to the aircraft, unless there is ava ilable to the PIC at the
aerodrome of departure adequate facilities and equ ipment to accompl ish the procedu res approved
for the AOC holder by the Au thority for ground de-icing and anti-icing.

16.070 F LIGHT RELEASE UNDER VFR OR IFR

No person may release a fli ght under VFR or IFR unless the weather reports and forecasts indicated that
the flight can reasonably be expected to be completed as specified in the re lease.

16.075 F LI GHT RELEASE : M INIMUM FUEL S UPPLY

No person may issue a flight release for a commercial air transport operation unless the fuel supply
specified in the release is equivalent to or greater than the minimum flight planning requirements of the
Tenth and Twelfth Sched ules , including anticipated contingencies.

16.080 F LIGHT RELEASE : AI RC RAFT L OADING AND P ERFORMANCE

No person may issue a flight release un less he or she is familiar with the anticipated load ing of the aircraft
and is reasonably certa in that the proposed operation will not exceed the -
(1) centre of gravity lim its;
(2) aircraft operating limitations; and
DEC. 24, 20 12) PROCLAMATIONS, RULES AND REGULATIONS 1229

SIXTEENTH SCHEDULE, contd.

(3) minimum performance requirements .

16.085 FLIGHT R ELEASE: AMENDMENT OR R E-RELEASE E NROUTE

(a) Every person who amends a flight release while the flight is enroute shall record that amendment.
(b) No person may amend the original flight release to change the destination or alternate aerodrome
while the aircraft is enroute unless the flight preparation requirements for routing , aerodrome
selection and minimum fuel supply are met at the time of amendment or re-release.
(c) No person may allow a flight to continue to an aerodrome to which it has been released if the weather
reports and forecasts indicate changes wh ich would render that aerodrome unsuitable for the original
flight release.

16.090 FLIGHT R ELEASE WITH A IRBORNE W EATHER RADAR EQUIPMENT

No person may release a large aeroplane carrying passengers under IFR or night VFR conditions when
current weather reports indicate that thunderstorms or other potentially hazardous weather conditions that
can be detected with airborne weather radar, may reasonably be expected along the route to be flown ,
unless the airborne weather radar equipment is in satisfactory operating condition .