(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
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 |