The Air Navigation (Amendment) Order 2017
At the Court at Buckingham Palace, the 15th day of November 2017
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by and with the advice of Her Privy Council, orders as follows:
Citation and commencement
1.
This Order may be cited as the Air Navigation (Amendment) Order 2017 and comes into force on 14th December 2017.
Amendment of the Air Navigation Order 2016
2.
Categorisation as public transport or commercial operation
3.
In article 6(1)—
(a)
insert “of this Part” after “Chapter 2”; and
(b)
omit sub-paragraph (a) including “or”.
4.
In article 11(1)—
(a)
for “Part 4 and Part 5” substitute “Part 4, Part 5 and Part 6”;
(b)
in sub-paragraph (b)—
(i)
at the beginning insert “there has been no valuable consideration or”; and
(ii)
omit “or the purpose of the flight”.
5.
In article 12—
(a)
after “if” insert “there has been no valuable consideration or”; and
(b)
omit “or the purpose of the flight”.
6.
In article 13(1)(a)—
(a)
at the beginning insert “there has been no valuable consideration or”; and
(b)
omit “or the purpose of the flight”.
7.
In article 14—
(a)
for “an commercial” substitute “a commercial”;
(b)
in paragraph (a) omit “and which is made under and”; and
(c)
“(ii)
on which no person is carried other than a person permitted to be carried on the flight in accordance with the terms of a parachuting permission granted under article 90; or”.
Registration and marking
8.
“(4)
Paragraph (1) does not apply to any non-EASA kite, non-EASA captive balloon or any aircraft flying in accordance with the terms of any permission given by the CAA.”.
9.
In article 25(3) for “article” substitute “Chapter”.
Airworthiness
10.
In article 33(2)(g) omit “under article 269”.
11.
In article 37(4) omit “, as amended from time to time”.
12.
In article 38(1) for “paragraph (2)” substitute “paragraph (3)”.
13.
“(i)
for commercial operation other than commercial operation which consists of an aircraft flying for the purpose of a flying display, associated practice for a flying display, test and positioning flights or the exhibition or demonstration of the aircraft;”.
14.
In article 49(2) omit “39,”.
15.
In article 61(3) omit “, as amended from time to time”.
Operations
16.
In article 65 after “Chapters 2” insert “(other than articles 77(1) and 79)”.
17.
In article 69—
(a)
“(2)
Before commencing a flight the pilot in command must be satisfied that—
(a)
the flight can be made safely, taking into account the latest information available as to the route and aerodrome to be used; and
(b)
the ground and water facilities, including any required communication and navigation facilities, are adequate for the intended flight.”; and
(b)
in paragraph (8)(b) omit “the minimum equipment list or”.
18.
In article 70(4) for “136” substitute “137”.
19.
In article 75 omit paragraph (3).
20.
In article 77—
(a)
at the end of paragraph (2) insert “other than when flying for public transport”; and
(b)
“(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.”.
21.
(1)
Omit article 78.
(2)
“Carriage of equipment78A.
(1)
This article applies to any aircraft registered in the United Kingdom.
(2)
The CAA may permit an aircraft or class of aircraft to which this article applies to commence a flight in specified circumstances even though a specified item of equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use.
(3)
An aircraft to which this article applies must not commence a flight if any of the equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use unless the aircraft does so in accordance with the terms of a permission granted to the operator under paragraph (2).”.
22.
In article 92—
(a)
in paragraphs (2) and (3) for each reference to “towed” substitute “ground towed”; and
(b)
in paragraph (2)(b) omit “controlled airspace or”.
23.
“(2)
In this article, a specified number of balloons counts as “simultaneously released at a single site” if released during a period of not more than 15 minutes from within an area not more than 1km square.”.
24.
In article 105(3) for “(5)” substitute “(6)”.
25.
In article 112(3) for “for every 50 or fraction of 50 passenger seats installed in the aircraft” substitute “and if there are 51 to 100 inclusive passenger seats installed, not less than two members and, if there are 101 to 150 inclusive passenger seats installed, not less than three members and so on”.
26.
“(4A)
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.”.
27.
In article 127(4) for “prescribe” substitute “make regulations prescribing”.
28.
In article 128(1) for “prescribe” substitute “make regulations prescribing”.
29.
“(5)
The CAA must grant a police air operator’s certificate if it is satisfied that the applicant is competent to secure that the operation of aircraft of the types specified in the certificate will be as safe as is appropriate when flying on flights of the description and for the purposes specified, having regard in particular to the applicant’s—
(a)
previous conduct and experience; and
(b)
equipment, organisation, staffing, maintenance and other arrangements.”.
Aircrew
30.
In article 150(7) for “under this Order is” substitute “under this Order if”.
31.
In article 166—
(a)
in paragraph (1)—
(i)
insert “(P)” after “a person”;
(ii)
for “they know or suspect their” substitute “P knows or suspects P’s”; and
(iii)
for “renders them” substitute “renders P”;
(b)
in paragraph (2) omit “or medical declaration in accordance with article 163(3)”; and
(c)
in paragraph (3) omit “or declaration”.
32.
In article 174(2) for “Article 176” substitute “Article 176(1)”.
33.
In article 175(3)(a) after “flight times” insert “, duty periods and rest periods”.
34.
In article 176(1)—
(a)
insert “(P)” after “a person”;
(b)
for “they know or suspect they are” substitute “P knows or suspects P is”; and
(c)
for “are likely” substitute “is likely”.
Licensing of air traffic controllers
35.
In article 188—
(a)
omit paragraphs (1) and (3); and
(b)
in paragraph (4) for “referred to in paragraphs (1), (2) and (3)” substitute “referred to in paragraph (2)”.
36.
Omit articles 189 to 197.
Air traffic services
37.
In article 198 for “Part” substitute “Chapter”.
Documents and records
38.
In article 229—
(a)
“(3)
Paragraph (2) does not apply to an aircraft flying in accordance with the EASA Air Operations Regulation.”; and
(b)
omit paragraph (4).
39.
In article 231—
(a)
in paragraph (1) for “, (5), (6) or (7)” substitute “or (5)”; and
(b)
in paragraph (2) for “4(12)” substitute “4(13)”.
40.
“(2)
Subject to paragraph (3), if the first operator ceases to be the operator of an aircraft, they must continue to preserve the document or record until paragraphs (4), (5) and (6) have been complied with, as appropriate.”.
Competent authority
41.
“(5)
The CAA is the competent authority of the United Kingdom for the purposes of the EASA Air Traffic Controller Licensing Regulation.”.
Definitions
42.
In Schedule 1—
(a)
omit the definition for “A to A commercial air transport helicopter operation”;
(b)
for the definition of “aerobatic manoeuvres” substitute ““aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre intentionally performed by an aircraft;”;
(c)
in the definition for “Commercial air transport operation” omit “or an A to A commercial air transport helicopter operation”;
(d)
““commercial operation” has the meaning assigned to it by article 7;”;
(e)
in the definition of “Controlled airspace” for “Class D airspace, Class E airspace, Class F airspace or Class G airspace” substitute “Class D airspace or Class E airspace”;
(f)
““EASA Air Traffic Controller Licensing Regulation” means Commission Regulation (EU) No 2015/340 of 20th February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/20114;”;
(g)
omit the definition for “MMEL”;
(h)
in the definition for “Obstacle limitation surfaces” omit “, as amended from time to time”;
(i)
““Part-SPO” means Annex VIII so entitled to the EASA Air Operations Regulation5;”; and
(j)
in the definition of “Self-propelled hang-glider”, in paragraph (c) for “maximum take-off mass” substitute “maximum unladen weight”.
43.
In Schedule 5—
(a)
in paragraph 1(1)(c) for “aeroplane” substitute “aircraft”;
(b)
“(ca)
oxygen supplies”; and
(c)
“Maps and charts19.
Maps, charts, codes and other documents necessary for the intended flight of the aircraft, including any diversion which may reasonably be expected from the aerodrome of intended landing, must be carried on the aircraft.”.
44.
In Schedule 7 omit paragraph 5(2).
Instructor certificates
45.
In Schedule 8, Part 2, Chapter 1, Section 3—
(a)
in the entry for flight instructor certificate (aeroplane), in paragraph 2 under “Restrictions – restricted period” omit “and on the recommendation of the supervising flight instructor (aeroplane)”; and
(b)
in the entry for flight instructor certificate (helicopter), under “Restrictions – restricted period”—
(i)
in paragraph (1) for “25 solo flights by students” substitute “25 student pilot solo flight exercises”; and
(ii)
in paragraph (2) omit “and on the recommendation of the supervising flight instructor (helicopter)”.
Maintenance of licence privileges
46.
(1)
In Schedule 8, Part 3, Chapter 1—
(a)
“(b)
as regards revalidation the rating and certificate are valid from the end of the period in paragraph (a) for the period specified in column 2—
(i)
in relation to any rating or certificate that may be revalidated by meeting flight or instruction experience requirements, provided those experience requirements have been met; or
(ii)
subject to sub-paragraph (2A), in relation to any other rating or certificate, provided that the rating or certificate is revalidated within the period of three months preceding the end of the period in paragraph (a); and”; and
(b)
“(2A)
Where a rating or certificate is revalidated by a proficiency check prior to the last 3 months of the period specified in column 2, the period specified in column 2 commences from the end of the month in which the revalidation occurred.”.
(2)
In Schedule 8, Part 3, Chapter 2—
(a)
“(a)
has not expired, the new certificate is valid for 24 months from the end of the month which includes the expiry date of the existing certificate, except where the certificate is validated by a NPPL General Skill Test more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 24 months from the end of the month in which the test was taken;”;
(b)
“(a)
has not expired, the new certificate is valid for 36 months from the end of the month which includes the expiry date of the existing certificate, except where the test is taken more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 36 months from the end of the month in which the test was taken;”; and
(c)
“(a)
has not expired, the new certificate is valid for 12 months from the end of the month which includes the expiry date of the existing certificate, except where the test is taken more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 12 months from the end of the month in which the test was taken;”.
Public Transport – Operational Requirements
47.
In Schedule 9, Part 1, paragraph 1(s) for “78(3)” substitute “78A(2)”.
Documentation
48.
In Schedule 10—
(a)
in paragraph 1(c) for “78(3)” substitute “78A(2)”;
(b)
in the entry for “Document J” in paragraph 2, for “78(3)” substitute “78A(2)”;
(c)
in paragraph 3(1) omit “and”;
(d)
“(3)
If a public transport flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the United Kingdom, the documents required under paragraph 1(a) may be kept at that aerodrome instead of being carried in the aircraft.”; and
(e)
“Meaning of “international air navigation”4.
For the purposes of this Schedule—
“international air navigation” means any flight which includes passage over the territory of any country other than the United Kingdom, but does not include passage over any relevant overseas territory to which there is power to extend the Civil Aviation Act 19826 under section 108(1) of that Act.”.
Penalties
49.
In Schedule 13, Part 1, Chapter 1—
(a)
in the entry for article 26(3) omit “, public transport or commercial operation”;
(b)
“63(1)
Copy of national airworthiness review certificate issued or extended to be sent to the CAA within 10 days
63(2)
A person to inform the CAA should the airworthiness review be inconclusive and not to issue or extend the certificate”;
(c)
omit the entries for articles 193, 196 and 197; and
(d)
“206(10) to (15)
Air traffic service equipment records”.
50.
“NCO.SPEC.120
Task specialist’s responsibilities”.
51.
“CHAPTER 9
Provision of Part-SPO
Subject matter
SPO.GEN.106
Task specialist’s responsibilities
SPO.GEN.115
Common language
SPO.GEN.120
Taxiing of aeroplanes
SPO.GEN.125
Rotor engagement
SPO.GEN.135
Information of emergency and survival equipment carried
SPO.GEN.140
Documents, manuals and information to be carried
SPO.OP.190
In-flight fuel management
SPO.OP.225
Operational limitations – hot air balloons
SPO.SPEC.HESLO.100
Standard operating procedures
SPO.SPEC.HESLO.105
Specific HESLO equipment
SPO.SPEC.HEC.100
Standard operating procedures
SPO.SPEC.HEC.105
Specific HEC equipment
SPO.SPEC.PAR.100
Standard operating procedures
SPO.SPEC.PAR.120
Flight over water
SPO.SPEC.ABF.100
Standard operating procedures”.
52.
In Schedule 13, Part 2, Chapter 1—
(a)
in the entry for article 42(1), after “42(1)” insert “(other than sub-paragraph (b)(ii))”;
(b)
“44(5)
Requirement for certificate of release to service for equipment installed on or in a non-EASA aircraft after its overhaul, repair, modification or inspection”;
(c)
“54(1)
Aircraft maintenance programme
55
Aircraft to be managed by approved continuing airworthiness management organisation and maintained by approved maintenance organisation”;
(d)
“77(1) and (3) to (7)
Requirements for aircraft to carry equipment”;
(e)
“78A(3)
Carriage of equipment”;
(f)
“80
Requirement for—
- a)
operation of airborne collision avoidance system
- b)
training in operation of airborne collision avoidance system”; and
(g)
“119
Carriage and use of equipment
Vibration health monitoring system to be operated in accordance with approved procedures”.
53.
In Schedule 13, Part 2, Chapter 6 in the column headed “Provision of SERA”, for the entry “5005 (other than (g))” substitute “5005 (other than (g) and (i))”.
54.
“NCO.SPEC.105
Checklist
NCO.SPEC.110
Pilot-in-command responsibilities and authority
NCO.SPEC.115
Crew responsibilities
NCO.SPEC.125
Safety briefing
NCO.SPEC.130
Minimum obstacle clearance altitude – IFR flights
NCO.SPEC.135
Fuel and oil supply – aeroplanes
NCO.SPEC.140
Fuel and oil supply – helicopters
NCO.SPEC155
Airborne Collision Avoidance System (ACAS II)
NCO.SPEC.170
Performance and operating criteria – aeroplanes
NCO.SPEC.175
Performance and operating criteria – helicopters
NCO.SPEC.HESLO.100
Checklist
NCO.SPEC.HESLO.105
Specific HESLO equipment
NCO.SPEC.HEC.100
Checklist
NCO.SPEC.PAR.100
Checklist
NCO.SPEC.ABF.100
Checklist”.
55.
“CHAPTER 10
Provision of Part-SPO
Subject matter
SPO.GEN.102
Touring motor gliders, powered sailplanes and mixed balloons
SPO.GEN.105
Crew responsibilities
SPO.GEN.107
Pilot-in-command responsibilities and authority
SPO.GEN.108
Pilot-in-command responsibilities and authority – balloons
SPO.GEN.119
Taxiing of aircraft
SPO.GEN.130
Portable electronic devices
SPO.GEN.145
Handling of flight recorder recordings: preservation, production, protection and use – operations with complex motor-powered aircraft
SPO.OP.100
Use of aerodromes and operating sites
SPO.OP.110
Aerodrome operating minima – aeroplanes and helicopters
SPO.OP.111
Aerodrome operating minima – NPA, APV, CAT I operations
SPO.OP.125
Minimum obstacle clearance altitudes – IFR flights
SPO.OP.130
Fuel and oil supply – aeroplanes
SPO.OP.131
Fuel and oil supply – helicopters
SPO.OP.132
Fuel and ballast supply and planning - balloons
SPO.OP.135
Safety briefing
SPO.OP.140
Flight preparation
SPO.OP.145
Take-off alternate aerodromes – complex motor-powered aeroplanes
SPO.OP.150
Destination alternate aerodromes – aeroplanes
SPO.OP.151
Destination alternate aerodromes – helicopters
SPO.OP.155
Refuelling with persons embarking, on board or disembarking
SPO.OP.160
Use of headset
SPO.OP.165
Smoking
SPO.OP.170
Meteorological conditions
SPO.OP.175
Ice and other contaminants – ground procedures
SPO.OP.176
Ice and other contaminants – flight procedures
SPO.OP.180
Take-off conditions – aeroplanes and helicopters
SPO.OP.181
Take-off conditions – balloons
SPO.OP.195
Use of supplemental oxygen
SPO.OP.205
Airborne Collision Avoidance System (ACAS)
SPO.OP.210
Approach and landing conditions – aeroplanes and helicopters
SPO.OP.215
Commencement and continuation of approach – aeroplanes and helicopters
SPO.OP.230
Standard operating procedures
SPO.POL.100
Operating limitations – all aircraft
SPO.POL.105
Mass and balance
SPO.POL.110
Mass and balance system – commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft
SPO.POL.115
Mass and balance data and documentation – commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft
SPO.POL.120
Performance – general
SPO.POL.125
Take-off mass limitations – complex motor-powered aircraft
SPO.POL.130
Take-off – complex motor-powered aeroplanes
SPO.POL.135
En route – one engine inoperative – complex motor-powered aircraft
SPO.POL.140
Landing – complex motor-powered aircraft
SPO.POL.145
Performance and operating criteria – aeroplanes
SPO.POL.146
Performance and operating criteria – helicopters
SPO.IDE.A.100
Instruments and equipment — general
SPO.IDE.A.105
Minimum equipment for flight
SPO.IDE.A.110
Spare electrical fuses
SPO.IDE.A.115
Operating lights
SPO.IDE.A.120
Operations under VFR — flight and navigational instruments and associated equipment
SPO.IDE.A.125
Operations under IFR — flight and navigational instruments and associated equipment
SPO.IDE.A.126
Additional equipment for single-pilot operations under IFR
SPO.IDE.A.130
Terrain awareness warning system (TAWS)
SPO.IDE.A.131
Airborne collision avoidance system (ACAS II)
SPO.IDE.A.132
Airborne weather detecting equipment – complex motor-powered aeroplanes
SPO.IDE.A.133
Additional equipment for operations in icing conditions at night - complex motor-powered aeroplanes
SPO.IDE.A.140
Cockpit voice recorder
SPO.IDE.A.145
Flight data recorder
SPO.IDE.A.150
Data link recording
SPO.IDE.A.155
Flight data and cockpit voice combination recorder
SPO.IDE.A.160
Seats, seat safety belts and restraint systems
SPO.IDE.A.165
First-aid kit
SPO.IDE.A.170
Supplemental oxygen – pressurised aeroplanes
SPO.IDE.A.175
Supplemental oxygen – non-pressurised aeroplanes
SPO.IDE.A.180
Hand fire extinguishers
SPO.IDE.A.181
Crash axe and crowbar
SPO.IDE.A.185
Marking of break-in points
SPO.IDE.A.190
Emergency locator transmitter (ELT)
SPO.IDE.A.195
Flight over water
SPO.IDE.A.200
Survival equipment
SPO.IDE.A.205
Individual protective equipment
SPO.IDE.H.197
Life-jackets – complex motor-powered helicopters
SPO.IDE.H.198
Survival suits – complex motor-powered helicopters
SPO.IDE.H.199
Life-rafts, survival ELTs and survival equipment on extended overwater flights – complex motor-powered helicopters
SPO.IDE.H.200
Survival equipment
SPO.IDE.H.201
Additional requirements for helicopters conducting offshore operations in a hostile sea area – complex motor-powered helicopters
SPO.IDE.H.202
Helicopters certified for operating on water – miscellaneous equipment
SPO.IDE.H.203
All helicopters on flights over water - ditching
SPO.IDE.H.205
Individual protective equipment
SPO.IDE.H.210
Headset
SPO.IDE.H.215
Radio communication equipment
SPO.IDE.H.220
Navigation equipment
SPO.IDE.H.225
Transponder
SPO.IDE.S.100
Instruments and equipment — general
SPO.IDE.S.105
Minimum equipment for flight
SPO.IDE.S.115
Operations under VFR — flight and navigational instruments
SPO.IDE.S.120
Cloud flying — flight and navigational instruments
SPO.IDE.S.125
Seats and restraint systems
SPO.IDE.S.130
Supplemental oxygen
SPO.IDE.S.135
Flight over water
SPO.IDE.S.140
Survival equipment
SPO.IDE.S.145
Radio communication equipment
SPO.IDE.S.150
Navigation equipment
SPO.IDE.S.155
Transponder
SPO.IDE.B.100
Instruments and equipment — general
SPO.IDE.B.105
Minimum equipment for flight
SPO.IDE.B.110
Operating lights
SPO.IDE.B.115
Operations under VFR — flight and navigational instruments and associated equipment
SPO.IDE.B.120
First-aid kit
SPO.IDE.B.121
Supplemental oxygen
SPO.IDE.B.125
Hand fire extinguishers
SPO.IDE.B.130
Flight over water
SPO.IDE.B.135
Survival equipment
SPO.IDE.B.140
Miscellaneous equipment
SPO.IDE.B.145
Radio communication equipment
NCO.IDE.B.150
Transponder”.
56.
In Schedule 13, Part 3, Chapter 1—
(a)
“47(3)
Certificate of release to service not to be issued if any known danger to flight safety”;
(b)
“149(1)
Requirement for appropriate licence to act as flight crew member of EASA registered aircraft elsewhere than in the United Kingdom”;
(c)
“187(1)
Instrument flight procedures to be approved before notification”;
(d)
in the entry for article 188(1), for “188(1)” substitute “188(2)”; and
(e)
omit the entries for articles 191 and 192.
57.
“CHAPTER 4
Provision of EASA Air Traffic Controller Licensing Regulation
Subject matter
Article 2(1)
Compliance with requirements and procedures
ATCO.A.015(b)
Exercise of the privileges of licences and provisional inability
ATCO.MED.A.020
Decrease in medical fitness”.
58.
“CHAPTER 7
Provision of SERA
Subject matter
2020
Problematic use of psychoactive substance
3101
Negligent or reckless operation of aircraft
5005 (j)
VFR flight within or into designated areas or along designated routes
8020
Adherence to flight plan
8025
Position Reports
8035
Communications
11015(b)
Pilot-in-command of an aircraft to comply with instructions given by intercepting aircraft”.
59.
“NCO.SPEC.160
Release of dangerous goods
NCO.SPEC.165
Carriage and use of weapons
NCO.SPEC.HESLO.110
Transportation of dangerous goods”.
60.
“CHAPTER 11
Provision of Part-SPO
Subject matter
SPO.GEN.150
Transport of dangerous goods
SPO.GEN.155
Release of dangerous goods
SPO.GEN.160
Carriage and use of weapons
SPO.SPEC.HESLO.110
Transportation of dangerous goods”.
This Order makes amendments to the Air Navigation Order 2016 (the “2016 Order”) to implement the requirements of Commission Regulation (EU) No. 2015/340 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (the “EU Air Traffic Controller Licensing Regulation”) and Commission Regulation (EU) No. 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008 (the “EU Air Operations Regulations”). The Order also amends the maximum criminal fine for loss of communication with Air Traffic Control and corrects defects in the 2016 Order.
The more substantial of the amendments are as follows.
Article 3(b) omits A to A commercial air transport helicopter operations from the scope of public transport flights.
Article 8 disapplies the registration requirement in respect of non-EASA kites, non-captive balloons and aircraft flying in UK airspace with the permission of the Civil Aviation Authority (the “CAA”).
Article 13 permits an aircraft flying under a national permit to fly without a permission from the CAA when flying for flying displays and their associated practice, test and positioning flights, and exhibition or demonstration flights.
Article 21 omits provisions relating to minimum equipment lists and allows the CAA to permit an aircraft to fly without a specified item of equipment for that aircraft in certain circumstances.
Articles 27 and 28 enable the Secretary of State to make regulations to prescribe certain requirements for aeroplanes and helicopters registered in the UK.
Article 29 inserts a requirement for the CAA to grant police air operator’s certificates if it is satisfied the applicant is competent to secure the safety of the aircraft type specified in the certificate having regard to the applicant’s conduct, experience, equipment, organisation, staffing, maintenance and other arrangements.
Article 33 inserts a requirement that no person may fly in an aircraft as a member of its flight crew unless the operator possesses an up-to-date record for that person’s duty periods and rest periods for the 28 days prior to the flight.
Article 38(b) omits the provision for documents and records to be kept at an aerodrome instead of being carried on the aircraft where the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the United Kingdom.
Article 40 corrects references to require documents and records to continue to be preserved.
Article 43(c) inserts the requirement to carry necessary maps and charts on the aircraft as required equipment for non-EASA aircraft.
Article 44 omits the requirement for CAA approval of an operator’s arrangements for, and amendments to, the technical log system.
Article 46 amends the revalidation process for the maintenance of licence privileges.
Article 48(d) amends the exception for carriage of documents by allowing records and documents to be kept at the aerodrome instead of being carried on the aircraft where a public transport flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the United Kingdom.
Articles 49(a), (b) and (d), 52, and 56(a) to (d) update the penalties for non-compliance with specific requirements.
Article 57 provides that a breach of a specified provision of the EU Air Traffic Controller Licensing Regulation constitutes a criminal offence. Articles 49(c) and 56(e) omit those offences that are no longer relevant by virtue of the EU Air Traffic Controller Licensing Regulation.
Articles 50, 51, 54, 55, 59 and 60 provide for criminal offences for breach of specified obligations relating to Special Operations and Non Commercial Operations set out in the EU Air Operations Regulation, which contains operating rules for European aviation under a number of different categories.
Articles 53 and 58 increase the criminal fine payable for failure to communicate in relation to an aircraft in UK airspace in circumstances which may give rise to a significant security and safety risk. In England and Wales the penalty increases from a maximum fine of £2,500 to an unlimited fine. In Scotland and Northern Ireland the penalty increases from a maximum fine of £2500 to £5000.
An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published with the Explanatory Memorandum alongside the instrument at www.legislation.gov.uk.