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- Point in Time (10/01/2015)
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Version Superseded: 25/08/2016
Point in time view as at 10/01/2015.
There are currently no known outstanding effects for the The Air Navigation Order 2009 (revoked), PART 5.
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42. An aircraft must not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.
43.—(1) Subject to paragraph (2), this article applies to any aircraft registered in the United Kingdom flying on any flight.
[F1(2) This article does not apply to an EU-OPS aeroplane or a Part-CAT aircraft flying for the purpose of commercial air transport.]
(3) An aircraft to which this article applies must carry a flight crew adequate in number and description to ensure the safety of the aircraft.
(4) An aircraft—
(a)which has a flight manual, must carry a flight crew of at least the number and description specified in that flight manual;
(b)which does not now have a flight manual but has done in the past, must carry a flight crew of at least the number and description specified in that flight manual.
(5) An aircraft which is required by article 39 to be equipped with radio communication equipment must carry a flight radiotelephony operator as a member of the flight crew.
Textual Amendments
F1Art. 43(2) substituted (10.1.2015) by The Air Navigation (Amendment) (No. 4) Order 2014 (S.I. 2014/3302), arts. 1(1), 21
44. A flying machine registered in the United Kingdom must carry at least two pilots as members of the flight crew if it—
(a)is flying for the purpose of public transport; and
(b)has a maximum total weight authorised of more than 5700kg.
45.—(1) Subject to paragraph (4) an aeroplane registered in the United Kingdom must carry at least two pilots as members of its flight crew if it—
(a)is flying for the purpose of public transport;
(b)has a maximum total weight authorised of 5700kg or less;
(c)is flying in circumstances where the commander is required to comply with the Instrument Flight Rules; and
(d)comes within paragraph (2).
(2) Subject to paragraph (3), an aeroplane comes within this paragraph if it has—
(a)one or more turbine jets;
(b)one or more turbine propeller engines and is provided with a means of pressurising the personnel compartments;
(c)two or more turbine propeller engines and a maximum approved passenger seating configuration of more than nine;
(d)two or more turbine propeller engines and a maximum approved passenger seating configuration of fewer than 10, and is not provided with a means of pressurising the personnel compartments; or
(e)two or more piston engines.
(3) An aeroplane does not come within paragraph (2)(d) or (e) if it is equipped with an autopilot which has been approved by the CAA for the purposes of this article and which is serviceable on take-off.
(4) An aeroplane—
(a)described in paragraph (2)(d) or (e) which is equipped with an approved autopilot is not required to carry two pilots even though before take-off the approved autopilot is found to be unserviceable, if the aeroplane flies in accordance with arrangements approved by the CAA;
(b)described in paragraph (2)(c), (d) or (e) which is flying under and in accordance with the terms of a police air operator's certificate is not required to carry two pilots.
46.—(1) Subject to paragraph (2), a helicopter registered in the United Kingdom must carry at least two pilots as members of its flight crew if it—
(a)is flying for the purpose of public transport;
(b)has a maximum total weight authorised of 5700kg or less; and
(c)is flying in circumstances where the commander is required to comply with the Instrument Flight Rules or is flying at night on a special VFR flight.
(2) A helicopter described in paragraph (1) is not required to carry two pilots if it—
(a)is equipped with an autopilot with altitude hold and heading mode which is serviceable on take-off;
(b)is equipped with such an autopilot even though before take-off the autopilot is found to be unserviceable, if the helicopter flies in accordance with arrangements approved by the CAA; or
(c)is flying by day and remains clear of cloud and with the surface in sight.
47.—(1) In the circumstances specified in paragraph (2) an aircraft registered in the United Kingdom flying on a public transport flight must carry—
(a)a flight navigator as a member of the flight crew; or
(b)navigational equipment suitable for the route to be flown.
(2) The circumstances referred to in paragraph (1) are that on the route or on any diversion from it, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown.
(3) A flight navigator carried in compliance with paragraph (1) must be carried in addition to any person who is carried in accordance with this Part to perform other duties.
48.—(1) This article applies to each public transport flight by an aircraft registered in the United Kingdom which has a maximum approved passenger seating configuration of more than 19 and on which at least one passenger is carried.
(2) The crew of the aircraft on each such flight must include cabin crew.
(3) Subject to paragraph (4), on each such flight there must be carried not less than one member of the cabin crew for every 50 or fraction of 50 passenger seats installed in the aircraft.
(4) The number of members of the cabin crew calculated in accordance with paragraph (3) need not be carried if—
(a)the CAA has granted permission to the operator to carry a lesser number on that flight;
(b)the operator carries the number specified in that permission; and
(c)the operator complies with any conditions subject to which the permission is granted.
49.—(1) Subject to paragraph (2), the CAA may, in the interests of safety, direct the operator of any aircraft registered in the United Kingdom that all or any aircraft [F2that it operates], when flying in circumstances specified in the direction, must carry, in addition to the crew required to be carried by this Part, such additional persons as members of the flight crew or the cabin crew as it may specify in the direction.
(2) The CAA may not issue such a direction to an EU-OPS operator [F3or a Part-CAT operator].
Textual Amendments
F2Words in art. 49(1) substituted (10.1.2015) by The Air Navigation (Amendment) (No. 4) Order 2014 (S.I. 2014/3302), arts. 1(1), 22(a)
F3Words in art. 49(2) inserted (10.1.2015) by The Air Navigation (Amendment) (No. 4) Order 2014 (S.I. 2014/3302), arts. 1(1), 22(b)
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