This Statutory Instrument has been made partly in consequence of a defect in S.I. 2016/765 and is being issued free of charge to all known recipients of that Statutory Instrument.

2018 No. 1160

Civil Aviation

The Air Navigation (Amendment) (No. 2) Order 2018

Made

Laid before Parliament

Coming into force

At the Court at Buckingham Palace, the 7th day of November 2018

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 60(1), (2), (3)(d), (e), (h), (n) and (q) and 61(1)(a) of, and paragraph 2 of Part 3 of Schedule 13 to, the Civil Aviation Act 19821.

Her Majesty, by and with the advice of Her Privy Council, orders as follows:

Citation and commencement1

This Order may be cited as the Air Navigation (Amendment) (No. 2) Order 2018 and comes into force on 5th December 2018.

Amendment of the Air Navigation Order 20162

The Air Navigation Order 20162 is amended as follows.

Prohibition on carrying on board sporting weapons or munitions of war

3

In article 99(1) for “article 100(2) and (3)” substitute “article 100(2), (2A) and (3)”.

4

After article 100(2) insert—

2A

Article 99 does not apply to a police officer who takes a munition of war on board an aircraft if—

a

the officer is acting in the course of the officer’s duty; and

b

the munition of war is removed from the aircraft before the aircraft takes off.

Aircrew5

In article 168 for “Chapter 3” substitute “Chapter 2 of this Part”.

Penalties

6

After Schedule 13, Part 1, Chapter 9 insert—

CHAPTER 10

Provision of Part-ORO

Subject matter

ORO.GEN.135(b)

Continued validity of an AOC

ORO.GEN.215

Facility requirements

ORO.MLR.110

Journey log

ORO.MLR.115

Record-keeping

ORO.FTL.240

Nutrition

ORO.FTL.245

Records of home base, flight times, duty and rest periods

7

In Schedule 13, Part 2, Chapter 4, after the entry for SPA.HEMS.100 insert—

SPA.HOFO.105

Approval for helicopter offshore operations

8

After Schedule 13, Part 2, Chapter 10 insert—

CHAPTER 11

Provision of Part-ORO

Subject matter

ORO.GEN.110(a) to (i) inclusive

Operator responsibilities

ORO.GEN.120(b) to (d) inclusive

Means of compliance

ORO.GEN.130

Changes related to an AOC holder

ORO.GEN.140

Access

ORO.GEN.150(c)

Findings

ORO.GEN.155

Immediate reaction to a safety problem

ORO.GEN.200

Management system

ORO.GEN.205

Contracted activities

ORO.GEN.210

Personnel requirements

ORO.GEN.220

Record-keeping

ORO.AOC.110(b) and (f)

Leasing agreement

ORO.AOC.115

Code-share agreements

ORO.AOC.125(a)

Non-commercial operations of aircraft listed in the operations specifications by the holder of an AOC

ORO.AOC.130

Flight data monitoring–aeroplanes

ORO.AOC.135

Personnel requirements

ORO.AOC.140

Facility requirements

ORO.AOC.150

Documentation requirements

ORO.SPO.100

Common requirements for commercial specialised operators

ORO.MLR.100 (other than (c) and (h))

Operations manual – general

ORO.MLR.105

Minimum equipment list

ORO.FC.100 (other than (d))

Composition of flight crew

ORO.FC.105 (other than (d))

Designation as pilot-in-command/commander

ORO.FC.110

Flight engineer

ORO.FC.115

Crew resource management (CRM) training

ORO.FC.120

Operator conversion training

ORO.FC.125

Differences training and familiarisation training

ORO.FC.130

Recurrent training and checking

ORO.FC.135

Pilot qualification to operate in either pilot’s seat

ORO.FC.140

Operation on more than one type or variant

ORO.FC.145

Provision of training

ORO.FC.200

Composition of flight crew

ORO.FC.A.201

In-flight relief of flight crew members

ORO.FC.202

Single-pilot operations under IFR or at night

ORO.FC.205

Command course

ORO.FC.215

Initial operator’s crew resource management (CRM) training

ORO.FC.220

Operator conversion training and checking

ORO.FC.230

Recurrent training and checking

ORO.FC.235

Pilot qualification to operate in either pilot’s seat

ORO.FC.240 (other than (c))

Operation on more than one type or variant

ORO.FC.A.245 (other than (a) and (e))

Alternative training and qualification programme

ORO.FC.A.250(a)

Commanders holding a CPL(A)

ORO.FC.H.250

Commanders holding a CPL(H)

ORO.FC.330

Recurrent training and checking – operator proficiency check

ORO.CC.100

Number and composition of cabin crew

ORO.CC.110

Conditions for assignment to duties

ORO.CC.115

Conduct of training courses and associated checking

ORO.CC.120

Initial training course

ORO.CC.125

Aircraft type specific training and operator conversion training

ORO.CC.130

Differences training

ORO.CC.135

Familiarisation

ORO.CC.140

Recurrent training

ORO.CC.145

Refresher training

ORO.CC.200

Senior cabin crew member

ORO.CC.205

Reduction of the number of cabin crew during ground operations and in unforeseen circumstances

ORO.CC.210

Additional conditions for assignment to duties

ORO.CC.215

Training and checking programs and related documentation

ORO.CC.250

Operation on more than one aircraft type or variant

ORO.CC.255

Single cabin crew member operations

ORO.TC.105

Conditions for assignment to duties

ORO.TC.110

Training and checking

ORO.TC.115

Initial training

ORO.TC.120

Operator conversion training

ORO.TC.125

Differences training

ORO.TC.130

Familiarisation flights

ORO.TC.135

Recurrent training

ORO.TC.140

Refresher training

ORO.FTL.115

Crew member responsibilities

ORO.FTL.120

Fatigue risk management (FRM)

ORO.FTL.125

Flight time specification schemes

ORO.FTL.200

Home base

ORO.FTL.205

Flight duty period (FDP)

ORO.FTL.220

Split duty

ORO.FTL.225(a), (e) and (f)

Standby and duties at the airport

ORO.FTL.230

Reserve

ORO.FTL.235

Rest periods

ORO.FTL.250

Fatigue management training

9

After Schedule 13, Part 3, Chapter 11 insert—

CHAPTER 12

Provision of Part-ORO

Subject matter

ORO.GEN.110(j) to (k) inclusive

Operator responsibilities

ORO.GEN.125

Terms of approval and privileges of an AOC holder

ORO.GEN.160

Occurrence reporting

ORO.AOC.100(a)

Application for an air operator certificate

ORO.AOC.120(a) and (b)

Approvals to provide cabin crew training and to issue cabin crew attestations

ORO.DEC.100

Declaration

ORO.SPO.110(a)

Authorisation of high risk commercial specialised operations

ORO.SPO.115

Changes

ORO.SPO.120

Continued validity

ORO.SEC.100

Flight crew compartment security – aeroplanes

ORO.SEC.105

Flight crew compartment security – helicopters

ORO.FTL.110

Operator responsibilities

ORO.FTL.210

Flight times and duty periods

Richard TilbrookClerk of the Privy Council
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends articles 99, 100 and 168 of the Air Navigation Order 2016 (“the 2016 Order”) and creates offences in respect of Annex III (Organisation Requirements for Air Operations, Part-ORO) and Annex V (Specific Approvals), Subpart K (Approval of helicopter offshore operations), of 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 Air Operations Regulation”).

Articles 3 and 4 amend articles 99 and 100 of the 2016 Order which prohibit the carrying of a sporting weapon or munition of war on board an aircraft. It creates an exception where a police officer takes a munition of war on board an aircraft, provided the officer is acting in the course of the officer’s duty and the munition is removed from the aircraft before the aircraft takes off.

Article 5 makes a minor correction to article 168 of the 2016 Order.

Articles 6, 8 and 9 provide for criminal offences for breach of specified obligations relating to the Organisation Requirements for Air Operations as set out in Annex III to the Air Operations Regulation.

Article 7 provides for a criminal offence for breach of a specified obligation relating to the approval of helicopter offshore operations as set out in Annex V to the Air Operations Regulation.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has not been produced as it creates no new requirements that would have such an effect.