Radio communication and radio navigation equipment of aircraftU.K.
39.—(1) An aircraft must not fly unless it is equipped with radio communication and radio navigation equipment which—
(a)complies with the law of the country in which the aircraft is registered or the State of the operator; and
(b)enables communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order and any regulations made under this Order.
(2) Without prejudice to paragraph (1) but subject to paragraph (8), an aircraft must be equipped with radio communication and radio navigation equipment in accordance with Schedule 5.
(3) In any particular case the CAA may direct that an aircraft registered in the United Kingdom carries such additional or special radio communication or radio navigation equipment as it may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.
(4) A direction under paragraph (3) which applies to an EU-OPS aeroplane must be made subject to and in accordance with article 8 of the Technical Harmonisation Regulation.
(5) A direction under paragraph (3) ceases to have effect if—
(a)it is withdrawn by the CAA; or
(b)it is revoked by the CAA following a finding made in accordance with article 8(1) of the Technical Harmonisation Regulation, that the direction is found not to be justified.
(6) The CAA must revoke a direction if it is found not to be justified under article 8(1) of the Technical Harmonisation Regulation.
(7) Subject to article 41 and to any prescribed exceptions, the radio communication and radio navigation equipment provided in compliance with this article in an aircraft registered in the United Kingdom must always be maintained in serviceable condition.
(8) All radio communication and radio navigation equipment installed in an aircraft registered in the United Kingdom or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any regulations made under this Order) must—
(a)be of a type approved by EASA or the CAA in relation to the purpose for which it is to be used; and
(b)except in the case of a non-EASA glider which is permitted by article 3(2) to fly unregistered, be installed in a manner approved by EASA in the case of an EASA aircraft and by the CAA in the case of a non-EASA aircraft.
(9) Neither the radio communication and radio navigation equipment referred to in paragraph (8) nor the manner in which it is installed may be modified except with the approval of EASA in the case of an EASA aircraft or the CAA in the case of a non-EASA aircraft.
(10) An EU-OPS aeroplane is not required to be provided with the radio communication and radio navigation equipment specified in Schedule 5 if it is—
(a)flying on a commercial air transport flight; or
(b)provided with the radio communication and radio navigation equipment which would be required under EU-OPS and article 40 if it were flying on a commercial air transport flight.