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PART 2U.K.Air Operators' Certificates and Operational Directives

Requirement for an EU-OPS air operator certificateU.K.

11.  A person must not operate an aeroplane registered in the United Kingdom on [F1an A to A commercial air transport aeroplane operation] otherwise than under and in accordance with the terms of an EU-OPS air operator certificate granted to the operator of the aircraft by the CAA.

Textual Amendments

[F2Requirement for a Part-CAT air operator certificateU.K.

11A.  A person must not operate an aircraft registered in the United Kingdom on a commercial air transport operation otherwise than under and in accordance with the terms of a Part-CAT air operator certificate issued to the operator of the aircraft by the CAA.]

Textual Amendments

Requirement for and grant of national air operator's certificateU.K.

12.—(1) Subject to article 13, an aircraft registered in the United Kingdom must not fly on a public transport flight, otherwise than under and in accordance with the terms of—

(a)a national air operator's certificate granted to the operator of the aircraft under paragraph (2), certifying that the holder of the certificate is competent to secure that aircraft operated by him on such flights are operated safely; or

[F3(b)a Part-CAT air operator certificate issued to the operator of the aircraft by the CAA; or

(c)in the case of an A to A public transport flight by an aeroplane, an air operator certificate specified in sub-paragraphs (a) or (b) or an EU-OPS air operator certificate granted or issued to the operator of the aircraft by the CAA.]

(2) The CAA must grant a national air operator's certificate if it is satisfied that the applicant is competent to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes specified, having regard in particular to the applicant's—

(a)previous conduct and experience; and

(b)equipment, organisation, staffing, maintenance and other arrangements.

Textual Amendments

Requirement for and grant of police air operator's certificateU.K.

13.—(1) A flight by an aircraft registered in the United Kingdom in the service of a police authority is, for the purposes of this Order, deemed to be a public transport flight.

(2) If any passenger is carried on such a flight it is deemed to be for the purpose of the public transport of passengers.

(3) Save as otherwise expressly provided, the provisions of this Order and of any regulations made under this Order must be complied with in relation to a flight in the service of a police authority as if that flight were for the purpose of public transport or the public transport of passengers.

(4) An aircraft registered in the United Kingdom must not fly on any flight in the service of a police authority otherwise than under and in accordance with the terms of—

(a)a police air operator's certificate granted to the operator;

(b)a national air operator's certificate granted to the operator; or

[F4(c)(i)a Part-CAT air operator certificate granted to the operator; and

(ii)Part-CAT and Part-ORO as though the flight were a commercial air transport operation.]

(5) The CAA must grant a police air operator's certificate if it is satisfied that the applicant is competent to secure that the operation of aircraft of the types specified in the certificate will be as safe as is appropriate when flying on flights of the description and for the purposes specified, having regard in particular to the applicant's—

(a)previous conduct and experience; and

(b)equipment, organisation, staffing, maintenance and other arrangements.

Textual Amendments

Offering commercial transport and public transport flightsU.K.

14.—(1) No person may hold anyone out (whether the person who is being held out is the same person as the one who is holding out or is another person) as being one who may offer flights in an aircraft registered in the United Kingdom for the purpose of public transport or commercial air transport unless the person being held out holds—

[F5(a)in the case of a commercial air transport operation, a valid Part-CAT air operator certificate;

(b)in the case of a public transport flight, a valid national air operator’s certificate or a valid Part-CAT air operator certificate; or

(c)in the case of an A to A commercial air transport aeroplane operation, a valid Part-CAT air operator certificate or a valid EU-OPS air operator certificate.]

(2) Paragraph (1) does not apply where—

[F6(a)the person being held out as offering such a flight has applied for a certificate which would authorise the flight in question in accordance with paragraph (1);] and

(b)the person holding out reasonably believes that the person being held out will hold such a certificate by the time the offered flight is made.

Textual Amendments

F5Art. 14(1)(a)-(c) substituted for art. 14(1)(a)(b) (10.1.2015) by The Air Navigation (Amendment) (No. 4) Order 2014 (S.I. 2014/3302), arts. 1(1), 9(a)

Operational directivesU.K.

15.—(1) The CAA may direct an aircraft operator by means of an operational directive that an operation is prohibited, or must be limited or is subject to specified conditions, in the interests of safe operations.

(2) An operational directive must state—

(a)the reason for its issue;

(b)its applicability and duration; and

(c)the action required by the operator.

(3) An operational directive may be made in respect of one or more operators or one or more classes of operator.

[F7(3A) An operational directive may be revoked by the CAA,

(4) (a) An operational directive which applies to an EU-OPS operator in relation to an A to A commercial air transport aeroplane operation must be made subject to and in accordance with article 8 of the Technical Harmonisation Regulation.

(b)The CAA must revoke such an operational directive if it is found not to be justified under article 8(1) of the Technical Harmonisation Regulation.

(5) (a) An operational directive which applies to a Part-CAT operator in relation to a commercial air transport operation must be made subject to and in accordance with article 14(1) of the Basic EASA Regulation.

(b)The CAA must revoke such an operational directive if it is found not to be justified under article 14(3) of the Basic EASA Regulation.]

F8(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Art. 15(3A)-(5) substituted for art. 15(4)(5) (10.1.2015) by The Air Navigation (Amendment) (No. 4) Order 2014 (S.I. 2014/3302), arts. 1(1), 10(a)