The Air Navigation Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

EU OPS consequentials

1.—(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)(1). 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 2002(2) will be made.

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

Scottish ownership

2.  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 flights

3.  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 Kingdom

4.  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 airworthiness

5.  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 aircraft

6.  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 drugs

7.  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 2003(3).

See article 33

Notification of radio equipment for EU OPS aeroplanes

8.  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 PAOC

9.  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 incapacity

10.  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 aircraft

11.  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 approvals

12.  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 aerodromes

13.  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 aircraft

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

See article 222

Tariff provision

15.  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 airworthiness

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

See article 229

Penalties for breach of EASA Regulations

17.  Breach of any specified provision of Commission Regulations concerning aircraft certification(4) and continuing airworthiness(5) is an offence.

See article 241 and Schedule 13

JAA licences after 30 June 2009

18.  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 aeroplanes

19.  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 aircraft

20.  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 aircraft

21.  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 areas

22.  The prohibition in the A and B Conditions on flying over congested areas is omitted. The Rules of the Air Regulations 2007(6) 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 2

23.—(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

(1)

Council Regulation 3922/91 applies throughout the area of the EEA by virtue of the amendment of the EEA Agreement (Cm 2073 and 2183) by the Decision of the EEA Joint Committee No 7/94 of 21.3.94 (OJ No. L160, 28.6.94, p.1). The Regulation was amended and Annex III inserted by Regulation 1899/2006 of the European Parliament and of the Council of 12 December 2006 OJ No. L 377, 27.12.2006, p.1; an updated Annex III was inserted by Commission Regulation 859/2008 OJ No. L 254, 20.9.2008, p.1.

(2)

S.I. 2002/2786.

(3)

2003 c.20.

(4)

The Commission Regulation concerning aircraft certification is Commission Regulation (EC) No. 1702/2003 of 24th September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations, as amended. Detailed requirements are contained in the Annex to this Regulation entitled Part 21.

(5)

The Commission Regulation concerning continuing airworthiness is Commission Regulation (EC) No. 2042/2003 of 20th November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks. Detailed requirements are contained in the Annexes to this Regulation entitled Part M, Part 66, Part 145 and Part 147.

(6)

S.I. 2007/734. The relevant amendment is S.I. 2009/2169.