EXPLANATORY NOTE

(This note is not part of the Order)

EU OPS consequentials1

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)66. 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 200267 will be made.

These amendments are made under section 2(2) of the European Communities Act 1972.

Scottish ownership2

The Crown in right of the Scottish Administration is entitled to register an aircraft in the United Kingdom.

See article 5(1)(a)

Advertisement of public transport flights3

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

Allow aircraft with EASA permits to fly in United Kingdom4

An EASA aircraft with an EASA permit to fly may fly within the United Kingdom.

See article 16(3)

State aircraft use of EASA certificate of airworthiness5

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

Approval of minor modifications for non-EASA aircraft6

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)

Omission of prohibition on maintenance engineers acting under influence of drink or drugs7

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 200368.

See article 33

Notification of radio equipment for EU OPS aeroplanes8

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

Change of crew composition requirements for helicopters under PAOC9

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)

Notifying the CAA of incapacity10

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

Requirements for small unmanned aircraft11

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

Instrument Flight Procedure design approvals12

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

SMS for aerodromes13

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)

Prohibition of use of high powered lights against aircraft14

A person must not shine a light at an aircraft in flight so as to dazzle or distract the pilot.

See article 222

Tariff provision15

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)

Power to provisionally suspend EASA certificates of airworthiness16

The CAA has the power to provisionally suspend an EASA certificate of airworthiness

See article 229

Penalties for breach of EASA Regulations17

Breach of any specified provision of Commission Regulations concerning aircraft certification69 and continuing airworthiness70 is an offence.

See article 241 and Schedule 13

JAA licences after 30 June 200918

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

Definition of microlight aeroplanes19

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

Revised definition of military aircraft20

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

Definition of small unmanned aircraft21

The term used for an unmanned aircraft with a mass of not more than 20kg is “small unmanned aircraft”.

See article 255

Test flying over congested areas22

The prohibition in the A and B Conditions on flying over congested areas is omitted. The Rules of the Air Regulations 200771 now include a prohibition on any aircraft flying over a congested area when engaged in test flying.

See Schedule 2 Part A

Carriage of Mode S Phase 223

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

TABLE OF COMPARISON

(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