- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
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.
(2) This article does not apply to an EU-OPS aeroplane flying on a commercial air transport flight.
(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.
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 operated by him, 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.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: