The Air Navigation Order 2009 (revoked)

PART 6 U.K. Flight Crew Licensing - Requirement for Licence

[F1 Requirement for appropriate licence to act as member of flight crew of EASA aircraft registered in the United Kingdom U.K.

50.— (1) Subject to paragraph (2), a person must not act as a pilot of an EASA aircraft that is registered in the United Kingdom without holding an appropriate licence granted, converted or rendered valid under the EASA Aircrew Regulation.

(2) A person may act as a pilot of an EASA aircraft without holding an appropriate licence granted, converted or rendered valid under the EASA Aircrew Regulation when undergoing flying training, including solo flying training authorised and supervised by a flight instructor, in accordance with the EASA Aircrew Regulation as amended from time to time.

(3) Subject to the exceptions set out in articles 51, 57 and 59 a person must not act as a flight radiotelephony operator, a flight engineer or a flight navigator of an EASA aircraft that is registered in the United Kingdom without holding an appropriate licence granted or rendered valid under this Order.

Textual Amendments

F1 Arts. 50-50B substituted for art. 50 (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 8

Requirement for appropriate licence to act as member of flight crew of non-EASA aircraft registered in the United Kingdom U.K.

50A.— (1) Subject to articles 51 to 60, a person must not act as a member of the flight crew of an aircraft to which this paragraph applies without holding an appropriate licence granted or rendered valid under this Order.

(2) Paragraph (1) applies to any non-EASA aircraft registered in the United Kingdom other than such an aircraft that is referred to in paragraphs (a)(ii), (d) or (h) of Annex II of the Basic EASA Regulation and that is flying for the purpose of commercial air transport (an ‘excepted aircraft’).

(3) A person must not act as a member of the flight crew of an excepted aircraft unless—

(a) the person acts as a flight radiotelephony operator, flight engineer or flight navigator and holds an appropriate licence granted or rendered valid under this Order; or

(b) the person holds an appropriate licence granted, converted or rendered valid under the EASA Aircrew Regulation.

Textual Amendments

F1 Arts. 50-50B substituted for art. 50 (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 8

Appropriate licence U.K.

50B.   An appropriate licence for the purposes of this Part and Schedule 7 means a licence which entitles the holder to perform the functions being undertaken in relation to the aircraft concerned on the particular flight.]

Textual Amendments

F1 Arts. 50-50B substituted for art. 50 (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 8

Flight crew licence requirement – Exception to act as flight radiotelephony operator U.K.

51.—(1) A person may act as a flight radiotelephony operator within the United Kingdom, the Channel Islands and the Isle of Man without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) apply.

(2) The conditions referred to in paragraph (1) are that the person is—

(a) the pilot of a glider on a private flight and does not communicate by radiotelephony with any air traffic control unit, flight information unit or air/ground communications service unit; or

(b) being trained in an aircraft registered in the United Kingdom to perform duties as a member of the flight crew of an aircraft and is authorised to operate the radiotelephony station by the holder of the licence granted for that station under any enactment.

Flight crew licence requirement – Exception for solo flying training [F2 in non-EASA aircraft] U.K.

52.—(1)  [F3 A person may act as pilot in command of a non-EASA aircraft] for the purpose of becoming qualified for the grant or renewal of a pilot's licence or the inclusion or variation of any rating in a pilot's licence within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

[F4 (a) the person is at least 16 years of age unless the aircraft is a balloon or a glider, in which case the person must be at least 14 years of age;]

[F5 (b) the person satisfies the requirements of paragraph (3);]

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) no other person is carried in the aircraft;

(e) the aircraft is not flying for the purpose of commercial air transport, public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and

(f) the person acts in accordance with instructions given by another person holding a pilot's licence granted under this Order or [F7 a Part-FCL licence], in each case being a licence which includes a flight instructor rating, a flying instructor's rating or an assistant flying instructor's rating entitling that other person to give instruction in flying the type of aircraft being flown.

[F8 (3) A person satisfies the requirements of this paragraph if the person—

(a) is the holder of a valid medical certificate issued in accordance with article 72A and complies with any conditions subject to which that certificate was issued;

(b) is the holder of a valid medical certificate issued in accordance with paragraph MED.A.030 of Part-MED and complies with any conditions subject to which that certificate was issued; or

(c) is the holder of a valid medical declaration issued in accordance with article 73A which would be required by virtue of article 73(2) for the person to exercise the privileges of the relevant licence or rating.]

Textual Amendments

F2 Words in art. 52 heading added (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 9(a)

F3 Words in art. 52(1) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 9(b)

F4 Art. 52(2)(a) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 9(c)

F5 Art. 52(2)(b) substituted (27.1.2014) by The Air Navigation (Amendment) Order 2013 (S.I. 2013/3169), arts. 1, 3(a)(i)

F6 Art. 52(2)(c) omitted (27.1.2014) by virtue of The Air Navigation (Amendment) Order 2013 (S.I. 2013/3169), arts. 1, 3(a)(ii)

F7 Words in art. 52(2)(f) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 9(d)

F8 Art. 52(3) added (27.1.2014) by The Air Navigation (Amendment) Order 2013 (S.I. 2013/3169), arts. 1, 3(b)

Flight crew licence requirement – Exception for dual flying training [F9 in non-EASA aircraft] U.K.

53.—(1)  [F10 A person may act as pilot of a non-EASA aircraft] of which the flight crew required to be carried by or under this Order is not more than one pilot for the purpose of becoming qualified for the grant or renewal of a pilot's licence or the inclusion or variation of any rating in a pilot's licence within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the aircraft is not flying for the purpose of commercial air transport, public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests;

(b) the person acts in accordance with instructions given by another person holding a pilot's licence granted under this Order or [F11 a Part-FCL licence], in each case being a licence which includes a flight instructor rating, a flying instructor's rating or an assistant flying instructor's rating entitling that other person to give instruction in flying the type of aircraft being flown; and

(c) (i) the aircraft is fitted with dual controls and the person is accompanied in the aircraft by the instructor who is seated at the other set of controls; or

(ii) the aircraft is fitted with controls designed for and capable of use by two persons and the person is accompanied in the aircraft by the instructor who is seated so as to be able to use the controls.

Textual Amendments

F9 Words in art. 53 heading added (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 10(a)

F10 Words in art. 53(1) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 10(b)

F11 Words in art. 53(2)(b) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 10(c)

Flight crew licence requirement – Exception for [F12 non-EASA] gyroplanes at night U.K.

54.—(1)  [F13 A person may act as pilot in command of a non-EASA gyroplane] at night within the United Kingdom, the Channel Islands and the Isle of Man without being the holder of an appropriate licence granted or rendered valid under this Order if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the person is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that—

(i) the licence does not include an instrument rating; and

(ii) the person has not within the immediately preceding 13 months carried out as pilot in command at least five take-offs and five landings at a time when the depression of the centre of the sun was not less than 12° below the horizon;

(b) the person so acts in accordance with instructions given by another person holding a pilot's licence granted under this Order or [F14 a Part-FCL licence], being a licence which includes a flight instructor rating, a flying instructor's rating or an assistant flying instructor's rating entitling that other person to give instruction in flying the type of gyroplane being flown;

(c) no person other than the instructor is carried; and

(d) the gyroplane is not flying for the purpose of commercial air transport, public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.

Textual Amendments

F12 Word in art. 54 heading inserted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 11(a)

F13 Words in art. 54(1) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 11(b)

F14 Words in art. 54(2)(b) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 11(c)

Flight crew licence requirement – Exception for [F15 non-EASA] balloons U.K.

55.—(1)  [F16 A person may act as pilot in command of a non-EASA balloon] within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the person is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that the person has not within the immediately preceding 13 months carried out as pilot in command at least five flights each of not less than five minutes duration;

[F17 (b) the person acts in accordance with instructions given by a person authorised by the CAA to supervise flying in the type of balloon being flown (“the instructor”);]

[F17 (c) no person is carried other than the instructor unless the instructor is carried and is the holder of an appropriate licence granted or rendered valid under this Order entitling the instructor to act as pilot in command for the flight; and]

(d) the balloon is not flying for the purpose of commercial air transport, public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.

Textual Amendments

F15 Words in art. 55 heading inserted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 12(a)

F16 Words in art. 55(1) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 12(b)

F17 Art. 55(2)(b)(c) substituted (10.8.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 63(1)

Flight crew licence requirement – Exception for pilot undergoing training or tests [F18 in non-EASA aircraft] U.K.

56.—(1) Unless the certificate of airworthiness in force for the aircraft otherwise requires, [F19 a person may act as pilot of a non-EASA aircraft] registered in the United Kingdom for the purpose of undergoing training or tests for the grant or renewal of a pilot's licence or for the inclusion, renewal or extension of a rating without being the holder of an appropriate licence, [F20 if the conditions in paragraph (2) and either paragraph (3) or (4) are satisfied].

(2) The condition first referred to in paragraph (1) is that no other person is carried in the aircraft or in an aircraft which it is towing except—

(a) a person carried as a member of the flight crew in compliance with this Order;

(b) a person authorised by the CAA to witness the training or tests or to conduct the tests; or

(c) if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft.

(3) The conditions secondly referred to in paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—

(a) within the preceding six months was serving as a qualified pilot of an aircraft in any of Her Majesty's naval, military or air forces; and

(b) the person's physical condition has not, so far as the person is aware, so deteriorated during that period as to render the person unfit for the licence or rating for which the training or tests are being given or conducted.

(4) The conditions thirdly referred to in paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—

(a) holds [F21 a Part-FCL licence or] a pilot's, a flight navigator's or a flight engineer's licence granted under article 64;

(b) the purpose of the training or tests is to enable that person to qualify under this Order for the grant of a pilot's licence or for the inclusion of an additional type in the aircraft rating in that person's licence; and

(c) the person acts under the supervision of another person who is the holder of an appropriate licence.

Textual Amendments

F18 Words in art. 56 heading added (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 13(a)

F19 Words in art. 56(1) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 13(b)

F20 Words in art. 56(1) substituted (10.8.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 63(2)

F21 Words in art. 56(4)(a) inserted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 13(c)

Flight crew licence requirement – Exception for navigators and flight engineers U.K.

57.  A person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the United Kingdom without being the holder of an appropriate licence if—

(a) the flight is for the purpose of undergoing training or tests for the grant or renewal of a flight navigator's or a flight engineer's licence or for the inclusion, renewal or extension of a rating in such a licence; and

(b) the person acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

Flight crew licence requirement – Exception for members of HM Forces U.K.

58.  A person may act as a member of the flight crew of an aircraft registered in the United Kingdom without being the holder of an appropriate licence if, in so doing, the person is acting in the course of his or her duty as a member of any of Her Majesty's naval, military or air forces.

Flight crew licence requirement – Exceptions for gliders U.K.

59.—(1) A person may act as a member of the flight crew of a glider without being the holder of an appropriate licence if that person acts as a flight radiotelephony operator in accordance with article 51(2)(a).

(2) A person may act as a member of the flight crew of a glider without being the holder of an appropriate licence if the flight is—

(a) a private flight; or

(b) for the purpose of aerial work which consists of instruction or testing in a club environment.

Flight crew licence requirement – Exception [F22 for non-EASA aircraft] where CAA permission granted U.K.

60.—(1) Nothing in this Order prohibits the holder of a pilot's licence from [F23 acting as pilot of a non-EASA aircraft] certificated for single pilot operation if the holder is testing any person for the purposes of articles 64(1), (7), 66(2), 67(2), 68 or 69 with the permission of the CAA.

(2) Paragraph (1) applies even though—

(a) the type of aircraft in which the test is conducted is not specified in an aircraft rating included in the licence; or

(b) the licence or personal flying log book does not include a valid certificate of test, experience or revalidation for the type of aircraft.

Textual Amendments

F22 Words in art. 60 heading inserted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 14(a)

F23 Words in art. 60(1) substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 14(b)

[F24 Requirement for appropriate licence to act as member of flight crew of non-EASA aircraft registered elsewhere than in the United Kingdom U.K.

61.— (1) Subject to paragraph (2), this article applies to any non-EASA aircraft registered in a country other than the United Kingdom.

(2) This article does not apply to such an aircraft that is referred to in paragraphs (a)(ii), (d) or (h) of Annex II of the Basic EASA Regulation when flying for the purpose of commercial air transport.

(3) A person must not act as a member of the flight crew which must by or under this Order be carried in an aircraft to which this article applies unless—

(a) in the case of a non-EASA aircraft flying for the purpose of commercial air transport, public transport or aerial work, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or

(b) in the case of a non-EASA aircraft on a private flight, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order and the CAA does not give a direction to the contrary.

Textual Amendments

F24 Arts. 61, 61A substituted for art. 61 (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 15

Requirement for appropriate licence to act as member of flight crew of EASA aircraft and specified non-EASA aircraft registered elsewhere than in the United Kingdom U.K.

61A.— (1) A person must not act as a member of the flight crew which must by or under the EASA Aircrew Regulation as amended from time to time be carried in—

(a) an EASA aircraft that is registered in a country other than the United Kingdom; or

(b) a non-EASA aircraft that is referred to in paragraphs (a) (ii), (d) or (h) of Annex II of the Basic EASA Regulation that is flying for the purpose of commercial air transport and that is registered in a country other than the United Kingdom,

unless paragraph (2), (3) or (4) applies.

(2) This paragraph applies if the operator of the aircraft is neither resident nor established in the European Union, and the person acting as a member of the flight crew is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator.

(3) This paragraph applies if the person acting as a member of the flight crew is the holder of an appropriate licence converted, granted or rendered valid under the EASA Aircrew Regulation.

(4) This paragraph applies if the person is acting as a flight radiotelephony operator, a flight engineer or a flight navigator of an aircraft referred to in paragraph (1)(b) and holds an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator.]

Textual Amendments

F24 Arts. 61, 61A substituted for art. 61 (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 15

[F25 Deeming a non-United Kingdom flight crew licence and any Part-FCL licence valid for non-EASA aircraft and deeming a non-United Kingdom radiotelephony licence valid for any aircraft U.K.

62.— (1) Subject to paragraph (2), this article applies to any licence which authorises the holder to act as a member of the flight crew of an aircraft and is—

(a) granted under the law of a Contracting State other than the United Kingdom but which is not a Part-FCL licence;

(b) granted under the law of a relevant overseas territory; or

(c) a Part-FCL licence.

(2) This article does not apply to such a licence if it authorises the holder to act as a student pilot only.

(3) Subject to paragraph (6), for the purposes of this Part, a licence to which this article applies is, unless the CAA gives a direction to the contrary, deemed to be a licence rendered valid under this Order.

(4) Subject to paragraph (5), the privileges of a licence deemed valid under paragraph (3) are restricted so that it does not entitle the holder—

(a) to act as a member of the flight crew of any aircraft flying for the purpose of commercial air transport, public transport or aerial work or on any flight for which the holder receives remuneration for services as a member of the flight crew; or

(b) to act as pilot of any aircraft flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying.

(5) The restrictions in paragraph (4) do not apply to a flight radiotelephony operator’s licence or a Part-FCL licence.

(6) A Part-FCL licence with single-engine piston aeroplane privileges is not deemed to be rendered valid for a microlight aeroplane unless the holder of the licence has undergone differences training in accordance with Section 2 of Part B of Schedule 7, appropriate for a microlight aeroplane class rating.]

Textual Amendments

F25 Art. 62 substituted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 16

Permission required where licence does not meet relevant minimum standards U.K.

63.—(1) This article applies to any licence [F26 , other than a Part-FCL licence,] endorsed to the effect that the holder does not satisfy in full the relevant minimum standards established under the Chicago Convention.

(2) The holder of such a licence, which has been granted or rendered valid under this Order, must not act as a member of the flight crew of an aircraft registered in the United Kingdom in or over the territory of a Contracting State other than the United Kingdom, except in accordance with a permission granted by the competent authority of that State.

(3) The holder of a licence, which has been granted or rendered valid under the law of a Contracting State other than the United Kingdom, must not act as a member of the flight crew of any aircraft in or over the United Kingdom except in accordance with a permission granted by the CAA, whether or not the licence is rendered valid under this Order.

Textual Amendments

F26 Words in art. 63(1) inserted (17.9.2012) by The Air Navigation (Amendment) Order 2012 (S.I. 2012/1751), arts. 1(2), 17