The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019

Authorisation and prohibition on exposure U.K.

5.—(1) No operator may employ or otherwise engage a person to perform duties as a crew member on an aircraft F1 ... that would render the person liable to receive an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year, unless the operator is authorised for the purposes of this article.

(2) Subject to article 24 (CAA's power to determine an operator as not authorised), an operator is authorised for the purposes of this article if the operator—

(a) has been granted or issued with a relevant certificate F2 ... or a specialised operations authorisation and that certificate F3 ... or authorisation is in force;

(b) is an approved training organisation or a declared training organisation; or

(c) has made a relevant declaration to the CAA.

(3) No operator may employ or otherwise engage a person to perform duties as a crew member on an aircraft F4 ... that would render the person liable to receive an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year unless the person is a classified crew member (see article 12 (continued working of overexposed crew)).

(4) No operator may employ or otherwise engage a person to perform duties as a crew member on an aircraft F5 ... that would render the person liable to receive an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year (and see article 12 (continued working of overexposed crew)).

(5) In this article—

“approved training organisation” has the meaning given in Article 1 of the EASA Aircrew Regulation;

“declared training organisation” has the meaning given in Article 1 of the EASA Aircrew Regulation;

“EASA Aircrew Regulation” means Commission Regulation (EC) No 1178/2011 of 3rd November 2011 laying down technical requirements and administrative procedures related to civil aviation air crew pursuant to Regulation (EC) No 216/2008 of the European Parliament and Council M1 ;

“EASA Air Operations Regulation” means Commission Regulation (EU) No 965/2012 of 5th October 2012 laying down technical requirements and administrative procedures relating to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and Council M2 ;

“National air operator's certificate” and “Part-CAT air operator certificate” have the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016;

“relevant certificate” means—

(a)

a National air operator's certificate;

(b)

a Part-CAT air operator certificate;

“relevant declaration” means a declaration made to the CAA by an operator—

(a)

in accordance with Annex III to the EASA Air Operations Regulation that the operator is performing, or intends to perform, specialised operations other than high risk commercial specialised operations;

(b)

in accordance with Annex III to the EASA Air Operations Regulation that the operator is performing, or intends to perform, the non-commercial operation of complex motor-powered aircraft;

F6 ...

“specialised operations” and “high risk commercial specialised operations” have the same meaning as in the EASA Air Operations Regulation;

“specialised operations authorisation” means an authorisation granted to an operator under the EASA Air Operations Regulation authorising the operator to perform high risk commercial specialised operations.

Textual Amendments

F1 Words in art. 5(1) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(a)

F2 Words in art. 5(2)(a) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(b)(i)

F3 Word in art. 5(2)(a) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(b)(ii)

F4 Words in art. 5(3) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(c)

F5 Words in art. 5(4) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(d)

F6 Words in art. 5(5) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(e)

Commencement Information

I1 Art. 5 in force at 7.8.2019, see art. 1

Marginal Citations

M1 OJ L 311, 25.11.2011, p.1.

M2 OJ L 296, 25.10.2012, p.1.