77.—(1) An aircraft must not fly unless it is equipped with equipment which—
(a)complies with the law of the country in which the aircraft is registered or the State of the operator; and
(b)enables communications to be made and the aircraft to be navigated, in accordance with—
(i)the provisions of this Order and any regulations made under this Order; or
(ii)any notified airspace requirements.
(2) Paragraphs (3) and (4) apply to any aircraft registered in the United Kingdom [F1other than when flying for public transport].
(3) An aircraft to which this paragraph applies must not fly unless it is so equipped and marked in accordance with Schedule 5 (aircraft equipment).
(4) The equipment in Schedule 5 must be—
(a)of a type approved by EASA or the CAA either generally or in relation to a class of aircraft or in relation to that aircraft, unless it is equipment listed in paragraph 1(2) of that Schedule; and
(b)installed in a manner approved by EASA or the CAA.
(5) The equipment carried in compliance with this article must be installed or stowed and kept stowed, maintained and adjusted, so as to be readily accessible and capable of being used by the person for whose use it is intended.
(6) The position of equipment provided for emergency use must be indicated by clear markings in or on the aircraft.
[F2(7) Any equipment installed or carried in an aircraft must be installed, carried, maintained and adjusted so that such equipment—
(a)does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; and
(b)is not a source of danger to the aircraft.]
Textual Amendments
F1Words in art. 77(2) inserted (14.12.2017) by The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 20(a)
F2Art. 77(7) inserted (14.12.2017) by The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 20(b)
F378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Art. 78 omitted (14.12.2017) by virtue of The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 21(1)