The Air Navigation (Amendment) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes further changes to the Air Navigation Order 2009 (the “ANO 2009”).

Article 3 requires the Secretary of State to review the operation and effect of specified Parts of the ANO 2009 as amended by this Order and to publish a report by 10th August 2017 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the ANO 2009 should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke that Order or to amend it.

Part 1 makes changes to the ANO 2009 to reflect the coming into force of Commission Regulation (EU) No. 1178/2011 of 3rd November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew (OJ L 311, 25.11.2011, p.1) (“the EASA Aircrew Regulation”). The EASA Aircrew Regulation was made pursuant to Regulation (EC) No. 216/2008 of the European Parliament and of the Council (OJ L 79, 19.03.2008, p.1).

Article 8 amends the ANO 2009 to provide that subject to certain exceptions, a person must not act as the pilot of an EASA aircraft (this term is defined in article 255(1) of the ANO 2009) unless that person holds an appropriate licence granted, converted or rendered valid under the EASA Aircrew Regulation (“a Part-FCL licence”).

Article 9(c) causes the minimum age for solo flying training in a balloon or glider to be lowered from 16 to 14 years of age.

Article 16 amends the ANO 2009 to provide that a Part-FCL licence is rendered valid for non-EASA aircraft unless the CAA gives a direction to the contrary.

Article 23 inserts a provision in the ANO 2009 with an effect such that the holder of a United Kingdom Private Pilot Licence (Aeroplanes) with a microlight aeroplane class rating may only exercise the privileges of that rating if the rating was granted before 1st February 2008.

Article 25 amends the ANO 2009 to provide that the holder of a Part-FCL licence requires a valid medical certificate issued under the EASA Aircrew Regulation in order to exercise the privileges of the licence.

Article 31 amends the ANO 2009 so that the minimum age at which a person may act as the pilot in command of a non-EASA glider is lowered from 16 to 14 years of age.

Article 33 amends the ANO 2009 so that any Basic Commercial Pilot’s Licence (Aeroplanes) is deemed to be a United Kingdom Commercial Pilot’s Licence (Aeroplanes) or a United Kingdom Private Pilot’s Licence (Aeroplanes).

Articles 41, 42, 43 and 44 contain provision with the effect that licences granted under the ANO 2009 are, subject to revocation or suspension, valid indefinitely.

Article 42(d) introduces new United Kingdom flight crew licences, namely the Commercial Pilot Licence (Helicopters) and the Airline Transport Pilot Licence (Aeroplanes).

Article 46(c) introduces the National Private Pilot Licence (Helicopters).

Part 2 introduces into the ANO 2009 provision for the issuing of non-expiring national certificates of airworthiness and associated and renewable national airworthiness review certificates.

Article 55 amends the ANO 2009 to provide that the CAA may issue non-expiring national certificates of airworthiness as opposed to the time-limited certificates of airworthiness issued prior to the coming into force of this Order.

Article 57 inserts Part 3A into the ANO 2009. New article 36A in Part 3A provides that an aircraft with a non-expiring national certificate of airworthiness must not fly unless it has a national airworthiness review certificate. A national airworthiness review certificate may be issued by the CAA or by an organisation approved by the CAA (new articles 36D and 36E). An aircraft with a non-expiring national certificate of airworthiness must be maintained in accordance with an approved maintenance programme (new article 36F). The validity of a national airworthiness review certificate may be extended by an approved organisation or a licensed engineer (new articles 36H, 36I and 36J). The CAA may approve an organisation to issue, extend or recommend the issue of a national airworthiness review certificate (new articles 36M and 36N).

Part 3 amends the ANO 2009 so as to reflect the requirement of Article 7 of Regulation (EC) No. 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky (OJ No L 96, 31.03.2004, p.10, which was amended by Regulation (EC) No 1070/2009 of the European Parliament and the Council of 21st October 2009, OJ No L 300, 14.11.2009, p.34) (known as “the Service Provision Regulation”). Article 7 of the Service Provision Regulation provides for an air navigation service provider to be certificated under that Regulation.

Article 60 amends the ANO 2009 with the effect that a person required to be certified under Article 7 of the Service Provision Regulation is not required to hold an Air Traffic Control approval under article 169 of the ANO 2009, nor to have a manual of Air Traffic Services under article 171 of the ANO 2009 and is not required to have a Flight Information Service Manual under article 204 of the ANO 2009.

Part 4 amends the ANO 2009 so as to reflect Commission Regulation (EU) No 805/2011 of 10th August 2011 laying down detailed rules for air traffic controllers’ licences and certain certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ No L 206, 11.8.2011, p.21) (known as “the EASA Air Traffic Controller Licensing Regulation”).

Article 61 amends the ANO 2009 to introduce provision such that a person must not act as an air traffic controller or a student air traffic controller unless they hold a licence which has been issued or recognised by the CAA under the EASA Air Traffic Controller Licensing Regulation. National endorsements for offshore and special tasks services may be included in an air traffic controller licence (new article 185A). Organisations providing air traffic control training must be certificated as such by the CAA (article 198 of the ANO 2009 as substituted).

Part 5 amends the ANO 2009 so as to introduce a requirement that the operator of an aeronautical radio station holds a relevant certificate of competence.

Article 62 inserts new Part 25A into the ANO 2009. Part 25A provides that a person must not operate an aeronautical radio station to provide an air ground communication service, a service to pilots flying to or from offshore installations, or a service to pilots flying for the purpose of dropping persons by parachute, unless that person holds an aeronautical radio station operator certificate of competence granted by the CAA. This requirement does not apply if that person holds an Air Ground Communications Service Radio Operator’s Certificate of Competence or an Offshore Communication Service Radio Operator’s Certificate of Competence issued by the CAA prior to the date on which this Order comes into force.

Part 6 of the Order contains minor amendments to the ANO 2009.

An Impact Assessment has been produced in respect of Parts 1, 2 and 5 and a copy placed in the Library of both Houses of Parliament. Copies may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR. Alternatively, a copy is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. Impact assessments have not been produced in respect of Parts 3, 4, or 6 as no impact on the private or voluntary sectors is foreseen.