- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
(This note is not part of the Order)
1.—(1) The Order reflects the coming into force of Annex III to EC Regulation 3922/91 (OJ No. L 373, 31.12.91, p.4)(1). Annex III contains operating rules for commercial air transport by aeroplanes. Annex III is commonly referred to and is defined in the Order as “EU-OPS”.
(2) The Order disapplies the operating rules contained in the Order from commercial air transport operations by aeroplanes. The detailed changes were annexed to the Impact Assessment which may be viewed at http://www.caa.co.uk/docs/1355/20080605EU-OPSImpactAssessment.pdf.
(3) The same penalties are applied to the operating rules contained in EU-OPS as applied to the equivalent rule in the Order (see article 241 and Schedule 13).
(4) A related amendment to the Air Navigation (Dangerous Goods) Regulations 2002(2) will be made.
These amendments are made under section 2(2) of the European Communities Act 1972.
2. The Crown in right of the Scottish Administration is entitled to register an aircraft in the United Kingdom.
See article 5(1)(a)
3. A person must not advertise a flight for the purpose of public transport or commercial air transport unless the person who is to operate such flights holds an air operator’s certificate or has applied for such a certificate and the person offering the flights reasonably believes that a certificate will have been granted by the time the advertised flight is made.
See article 14
4. An EASA aircraft with an EASA permit to fly may fly within the United Kingdom.
See article 16(3)
5. An EASA aircraft which becomes a non-EASA aircraft because it is engaged in customs, police or similar services is not required to have a national certificate of airworthiness if it has an EASA certificate of airworthiness, complies with the Basic Regulation and any Implementing Rules which would apply if it were an EASA aircraft, does not fly outside the United Kingdom without the permission of the relevant competent authority and complies with any applicable United Kingdom national airworthiness requirements.
See article 17
6. Organisations approved for the purpose by the CAA may determine whether a repair or modification for a non-EASA aircraft is minor or major and approve minor repairs and modifications.
See article 30(1)(c)
7. It is not an offence under the Order to exercise the privileges of an aircraft maintenance engineer’s licence whilst under the influence of drink or drugs. More specific provisions are contained in Part V of the Railways & Transport Safety Act 2003(3).
See article 33
8. An aeroplane flying for the purpose of commercial air transport under EU-OPS must be equipped with such radio communication and navigation equipment as may be notified for the airspace in which it is flying.
These amendments are made under section 2(2) of the European Communities Act 1972.
See article 40
9. A helicopter of 5,700kg or less flying for the purpose of public transport where required to comply with the Instrument Flight Rules or flying at night on a Special VFR flight requires two pilots when flying under and in accordance with the terms of a Police Air Operator’s Certificate.
See article 46(1)
10. A flight crew member, air traffic controller or student air traffic controller need not inform the CAA in writing of incapacity due to illness, injury or pregnancy.
See articles 74 and 192
11. The person in charge of a small unmanned aircraft must be satisfied that a flight can safely be made and must maintain direct visual contact. Additional restrictions are imposed on the flight of a small unmanned aircraft which is equipped to undertake surveillance or data acquisition.
See articles 166 and 167
12. An instrument flight procedure is defined. An instrument flight procedure must not be notified unless it has been designed by the CAA or has been approved by the CAA. The CAA is not required to accept an application for approval of an instrument flight procedure unless the application is supported by a report from a person approved by the CAA for this purpose.
See article 176
13. A licensed aerodrome is required to have an effective safety management system. A safety management system is defined. A licensed aerodrome is also required to nominate an accountable manager, being the person having corporate authority for ensuring that all operations and activities can be financed and carried out to the standard required.
See article 211(1)(c)
14. A person must not shine a light at an aircraft in flight so as to dazzle or distract the pilot.
See article 222
15. Where a permission granted under Article 203 contains a tariff provision, the operator only needs to file a tariff with the CAA where the Secretary of State so requires.
See article 224(1)
16. The CAA has the power to provisionally suspend an EASA certificate of airworthiness
See article 229
17. Breach of any specified provision of Commission Regulations concerning aircraft certification(4) and continuing airworthiness(5) is an offence.
See article 241 and Schedule 13
18. A JAA licence is defined as one which is issued by a State which was on 30 June 2009 a full Member State of the JAA.
See article 255
19. The definition of a microlight aeroplane includes increased weight limits for aircraft equipped with a recovery parachute system. Single seat land planes of between 300kg and 390kg which first received a permit to fly or certificate of airworthiness before 1 January 2003 are no longer within the definition of a microlight aeroplane.
See article 255
20. A military aircraft includes one which is being modified for the naval, military or Air Force of any country under a contract entered into by the Secretary of State.
See article 255
21. The term used for an unmanned aircraft with a mass of not more than 20kg is “small unmanned aircraft”.
See article 255
22. The prohibition in the A and B Conditions on flying over congested areas is omitted. The Rules of the Air Regulations 2007(6) now include a prohibition on any aircraft flying over a congested area when engaged in test flying.
See Schedule 2 Part A
23.—(1) Secondary Surveillance Radar equipment with specified capability and functionality, known as Mode S elementary surveillance, must be carried by all aircraft other than gliders within the United Kingdom when flying within controlled airspace of Class A, B or C.
(2) With effect from 6 April 2012, all gliders within the United Kingdom must carry this equipment when flying at or above Flight Level 100 (unless flying within airspace notified as not requiring the equipment), when flying under Instrument Flight Rules in controlled airspace, when flying in controlled airspace of Class A, B or C and when flying within any other airspace notified as requiring the equipment.
See Schedule 5
An Impact Assessment has been produced and a copy placed in the Library of both Houses of Parliament for the changes described in paragraphs 1, 3, 5, 9, 11, 12, 13, 14, 19, 21, 22 and 23. Copies may be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR. Alternatively, copies can be obtained from the Department’s website at www.dft.gov.uk.
Annexes to the Chicago Convention can be purchased from—
Airplan Flight Equipment Ltd
1A Ringway Trading Estate
Shadowmoss Road
Manchester M22 5LH
England UK; or
Labeline (Air, Sea and Road)
Holly House
14 Tenby Road
Frimley
Surrey GU16 5UT
Joint Service Publication 550 and Aviation Publication 67 may be obtained from—
Customer Services
DSDC(L)
Mwrwg Road
Llangennech
LLANELLI
Carms
South Wales SA14 8YP
Aviation Publication 67 is also available on line at—
http://www.aof.mod.uk/aofcontent/tactical/safety/downloads/avp67.pdf
Joint Aviation Requirements can be purchased from—
Rapidoc®
Willoughby Road
Bracknell
Berkshire RG12 8DW
and are also available on line at http://www.jaa.nl/publications/section1.html
CAP 168 and CAP 747 can be purchased from—
TSO
PO Box 29
Norwich
NR3 1GN
and are also available on line at www.caa.co.uk/CAP168 andwww.caa.co.uk/CAP747
(This Table is not part of the Order)
The following Table shows, in relation to each article of the Air Navigation Order 2005, as amended, the article of the 2009 Order in which it is reproduced.
2005 Order as amended | 2009 Order | |
---|---|---|
1 | 1 | |
2 | 2 | |
3 | 3 | |
4 | 4, 5, 6, 7, 8 and 9 | |
5 | 10 | |
6 | 12 | |
7 | 13 | |
8 | 16 | |
9 | 18 | |
10 | 19 | |
11 | 21, 22 and 23 | |
12 | Omitted | |
13 | 24 | |
14 | 25 and 26 | |
15 | 27 | |
16 | 28, 29, 30 and 31 | |
17 | 32 | |
18 | 33 | |
19 | 37 and 38 | |
20 | 39 | |
21 | 41 | |
22 | 34 | |
23 | 35 | |
24 | 36 | |
25 | 42, 43, 44, 45, 46, 47, 48 and 49 | |
26 | 50 to 59 and 61 to 63 | |
27 | 64 and 82 | |
28 | 66 | |
28A | 71 | |
29 | 67 and 70 | |
30 | Deleted | |
31 | 68 | |
31A | 69 | |
32 | 72 | |
32A | 73 | |
32B | 74 | |
32C | 75 | |
33 | 60, 76 and 77 | |
34 | 78 | |
35 | 79 | |
36 | 80 | |
37 | 81 | |
38 | 83 | |
39 | 84 | |
40 | 85 | |
41 | 94 | |
42 | 95 and 96 | |
43 | 98 to 102 | |
44 | 103 | |
45 | 104, 105 and 106 | |
46 | 97 | |
47 | 107 | |
48 | 108 | |
49 | 109 | |
50 | 93 | |
51 | 111 | |
52 | 86 and 87 | |
52A | 110 | |
53 | 88 | |
54 | 89, 90 and 91 | |
54A | 92 | |
55 | 112 | |
56 | 121 | |
57 | 122 | |
58 | 123 | |
59 | 124 | |
60 | 125 | |
61 | 113 | |
61A | 114 | |
62 | 152 to 155 | |
62A | 115 | |
63 | 126 | |
64 | 127 | |
65 | 128 | |
66 | 129 | |
67 | 130 | |
68 | 131 | |
69 | 133 to 136 | |
70 | 132 | |
71 | 116 | |
72 | 117 and 118 | |
72A | 119 | |
73 | 137 | |
74 | 138 | |
75 | 139 | |
76 | 140 | |
77 | 141 | |
78 | 142 | |
79 | 143 | |
80 | 162 | |
81 | 144 | |
82 | 145 and 149 | |
83 | 146 | |
84 | 147 | |
85 | 148 | |
86 | 150 | |
87 | 151 | |
88 | 156 | |
89 | 157 | |
90 | 158 | |
91 | 159 | |
92 | 228 | |
93 | 230 | |
94 | 231 | |
95 | 160 | |
96 | 161 | |
97 | 163, 164 and 165 | |
98 | 166 | |
99 | 168 | |
100 | 169 | |
101 | 170 | |
102 | 171 | |
103 | 172 | |
104 | 173 | |
105 | 174 | |
106 | 175 | |
107 | 177 | |
107A | 178 | |
107B | 179 | |
107C | 180 | |
108 | 181 | |
108A | 182 | |
108B | 183 | |
108C | 184 | |
108D | 185 | |
109 | 186 | |
109A | 187 | |
110 | 188 | |
111 | 189 | |
112 | 190 | |
113 | 191 | |
114 | 192 | |
115 | 193 | |
116 | 194 | |
117 | 195 | |
118 | 196 | |
119 | 197 | |
119A | 198 | |
119B | 199 | |
119C | 200 | |
120 | 201 | |
121 | 202 | |
122 | 203 | |
123 | 204 | |
124 | 205 | |
125 | 206 | |
126 | 207, 208 and 209 | |
127 | 210 | |
128 | 211 and 212 | |
129 | 213 | |
130 | 214 | |
131 | 215 | |
132 | 218 | |
133 | 219 | |
134 | 220 | |
135 | 221 | |
136 | 216 | |
137 | 217 | |
138 | 223 | |
139 | 224 | |
140 | 225 | |
141 | 120 | |
141A | 237 | |
142 | 226 | |
143 | 227 | |
144 | 232 to 236 | |
144A | 233 | |
144B | 234 | |
144C | 235 | |
145 | 238 | |
146 | 239 | |
147 | 240 | |
148 | 241 | |
149 | 247 | |
150 | 248 | |
151 | 249 | |
152 | 250, 251 and 252 | |
153 | 242 | |
154 | 243 | |
155 | 255, 256 and 257 | |
156 | 258 | |
157 | 259, 260, 262, 263 and 264 | |
158 | 265 | |
159 | 266 | |
160 | 267 | |
161 | 268 | |
162 | 269 | |
163 | 270 | |
164 | 253 | |
165 | 244 | |
166 | 245 | |
167 | 2464 | |
168 | 254 |
Council Regulation 3922/91 applies throughout the area of the EEA by virtue of the amendment of the EEA Agreement (Cm 2073 and 2183) by the Decision of the EEA Joint Committee No 7/94 of 21.3.94 (OJ No. L160, 28.6.94, p.1). The Regulation was amended and Annex III inserted by Regulation 1899/2006 of the European Parliament and of the Council of 12 December 2006 OJ No. L 377, 27.12.2006, p.1; an updated Annex III was inserted by Commission Regulation 859/2008 OJ No. L 254, 20.9.2008, p.1.
The Commission Regulation concerning aircraft certification is Commission Regulation (EC) No. 1702/2003 of 24th September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations, as amended. Detailed requirements are contained in the Annex to this Regulation entitled Part 21.
The Commission Regulation concerning continuing airworthiness is Commission Regulation (EC) No. 2042/2003 of 20th November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks. Detailed requirements are contained in the Annexes to this Regulation entitled Part M, Part 66, Part 145 and Part 147.
S.I. 2007/734. The relevant amendment is S.I. 2009/2169.
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