The Air Navigation Order 2005

Public transport—aeroplanes—operating conditions and performance requirements

44.—(1) Subject to paragraph (4) an aeroplane registered in the United Kingdom and flying for the purpose of public transport shall comply with subpart F of Section 1 of JAR-OPS 1.

(2) The assessment of the ability of an aeroplane to comply with paragraph (1) shall be based on the information as to its performance approved by the state of design and contained in the flight manual for the aeroplane.

(3) In the event of the approved information in the flight manual being insufficient for that purpose such assessment shall be based on additional data acceptable to the CAA.

(4) An aeroplane need not comply with paragraph (1) if it is flying under and in accordance with a permission granted to the operator by the CAA under paragraph (5).

(5) The CAA may grant in respect of any aeroplane a permission authorising it to comply with the applicable provisions of Schedule 2 to the Air Navigation (General) Regulations 2005(1).

(6) The applicable provisions for an aeroplane in respect of which such a permission has been granted shall be those provisions of the said Schedule applicable to an aeroplane of the performance group specified in the permission.

(7) An aeroplane registered in the United Kingdom flying under and in accordance with a permission granted by the CAA under paragraph (5) when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aeroplane—

(a) if it has one engine only, in the event of the failure of that engine; or

(b) if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness or flight manual for the aeroplane;

to reach a place at which it can safely land at a height sufficient to enable it to do so.

(8) Without prejudice to paragraph (7), an aeroplane flying under and in accordance with a permission granted by the CAA under paragraph (5) in respect of which either that permission or the certificate of airworthiness of the aeroplane designates the aeroplane as being of performance group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore, unless the aeroplane has more than 2 power units.

(9) For the purposes of paragraph (8), flying time shall be calculated at normal cruising speed with one power unit inoperative.

(1)

S.I. 2005/1980.