76. The holder of a licence who, on the last occasion when the holder took a test for the purposes of articles 66, 67, 68, 69, 70 or 71 failed that test, is not entitled to fly in the capacity for which that test would have qualified the holder had it been passed.
77. The CAA may, for the purposes of Part 7—
(a)approve any course of training or instruction;
(b)authorise a person to conduct such examinations or tests as it may specify; and
(c)approve a person to provide any course of training or instruction.
78.—(1) In this article, a certificate of validation means a certificate rendering valid for the purposes of this Order any flight crew licence granted under the law of any country other than the United Kingdom.
(2) Subject to paragraphs (3) and (7), the CAA may issue a certificate of validation.
(3) Subject to paragraphs (5) and (6), the CAA must issue a certificate of validation rendering valid a relevant licence granted under the law of an EEA State or Switzerland in accordance with the Council Directive on mutual acceptance of personnel licences.
(4) For the purposes of paragraph (3), a relevant licence is one based on requirements equivalent to those for the equivalent licence granted by the CAA under article 64.
(5) The CAA—
(a)may ask the Commission for an opinion on the equivalence of a licence submitted for validation under paragraph (3) within three weeks of the receipt by the CAA of all necessary information for the application for validation;
(b)must, if it does not ask the Commission for such an opinion, within three months of receipt of all necessary information in respect of the application either issue the certificate of validation or inform the applicant of any additional requirements or tests which are necessary to enable the CAA to grant the certificate of validation.
(6) If, after the examination of a licence, the CAA has reasonable doubts as to the equivalence of that licence the CAA—
(a)may stipulate additional requirements or tests (or both) as necessary to enable the certificate of validation to be issued;
(b)must notify any such additional requirements or tests (or both) as soon as reasonably practicable to the licence holder, the authority which issued the licence and to the Commission.
(7) In accordance with the Council Directive on mutual acceptance of personnel licences, the CAA must issue a certificate of validation rendering valid any licence issued in accordance with the requirements of Annex 1 to the Chicago Convention(1) if the holder satisfies the special validation requirements laid down in the annex to the Council Directive.
(8) In this article, the Council Directive on mutual acceptance of personnel licences means Council Directive 91/670 EEC(2) on mutual acceptance of personnel licences for the exercise of functions in civil aviation, as it has effect in accordance with the EEA Agreement(3) as amended by the Decision of the EEA Joint Committee No. 7/94 of 21st March 1994(4), and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport(5).
79.—(1) Every member of the flight crew of an aircraft registered in the United Kingdom and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under this Order must keep a personal flying log book in which the following information must be recorded—
(a)the name and address of the holder of the log book;
(b)detailed information about the holder’s licence (if any) to act as a member of the flight crew of an aircraft; and
(c)the name and address of the holder’s employer (if any).
(2) Detailed information about each flight during which the holder of the log book acted either as a member of the flight crew of an aircraft or for the purpose of qualifying for the grant or renewal of a licence under this Order must be recorded in the log book as soon as reasonably practicable after the end of each flight.
(3) The information recorded in accordance with paragraph (2) must include—
(a)the date, the places at which the holder of the log book embarked on and disembarked from the aircraft and the time spent during the course of a flight when the holder was acting in either capacity;
(b)the type and registration marks of the aircraft;
(c)the capacity in which the holder acted in flight;
(d)information about any special conditions under which the flight was conducted, including night flying and instrument flying; and
(e)information about any test or examination undertaken by the holder of the log book whilst in flight.
(4) Information about any test or examination undertaken whilst in a flight simulator must be recorded in the log book, including—
(a)the date of the test or examination;
(b)the type of simulator;
(c)the capacity in which the holder acted; and
(d)the nature of the test or examination.
(5) For the purposes of this article, a helicopter is in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.
80.—(1) This article applies to instruction in flying given to any person flying or about to fly a flying machine or glider for the purpose of becoming qualified for—
(a)the grant of a pilot’s licence; or
(b)the inclusion or variation of any rating or qualification in a pilot’s licence.
(2) A person must not give any instruction in flying to which this article applies unless—
(a)they hold a licence, granted or rendered valid under this Order or a JAA licence, entitling them to act as pilot in command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and
(b)the licence includes an instructor’s rating entitling the holder to give the instruction.
81. A person under the age of 16 years must not act as pilot in command of a glider.
82.—(1) The CAA must not grant—
(a)a United Kingdom Private Pilot’s Licence (Aeroplanes) to any person who was not on 30th June 2000 the holder of such a licence;
(b)a United Kingdom Basic Commercial Pilot’s Licence (Aeroplanes) to any person who was not on 30th June 2000 the holder of such a licence;
(c)a United Kingdom Private Pilot’s Licence (Helicopters) to any person who was not on 31st December 2000 the holder of such a licence;
(d)a United Kingdom Commercial Pilot’s Licence (Aeroplanes) or a United Kingdom Airline Transport Pilot’s Licence (Aeroplanes) to any person who was not on 30th June 2002 respectively the holder of such a licence;
(e)a United Kingdom Commercial Pilot’s Licence (Helicopters) or a United Kingdom Airline Transport Pilot’s Licence (Helicopters) to any person who was not on 31st December 2002 respectively the holder of such a licence.
(2) The CAA must not grant a flying instructor’s rating (aeroplanes), an assistant flying instructor’s rating (aeroplanes), a flying instructor’s rating (helicopters) or an assistant flying instructor’s rating (helicopters).
Annex 1 to the Chicago Convention is published by the International Civil Aviation Organisation. For availability see Explanatory Note.
O.J. No. L 373, 31.12.91, p.21.
Cm 2073 and 2183.
Decision of the EEA Joint Committee No. 7/94 of 21st March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement: O.J. No. L 160, 28.6.94, p.1.
O.J. No. L 114, 30.4.2002, p.1.