The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019

PART 1 U.K. Introductory

Citation and commencement U.K.

1.  This Order may be cited as the Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019 and comes into force on 7th August 2019.

Commencement Information

I1 Art. 1 in force at 7.8.2019, see art. 1

Interpretation U.K.

2.—(1) In this Order—

“aerodrome” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016 M1 ;

“cabin crew” means those persons carried in an aircraft for the purpose of performing duties in the interests of safety of the passengers but who do not act as members of the flight crew;

“classified crew member” has the meaning given in article 13(1);

“crew”—

(a)

in relation to an aircraft means persons carried in the aircraft who are—

(i)

members of the flight crew;

(ii)

members of the cabin crew; or

(iii)

task specialists; and

(b)

in relation to a spacecraft means persons carried in the spacecraft who are—

(i)

members of the space flight crew;

(ii)

members of the space cabin crew, or

(iii)

task specialists; and

“crew member” is to be read accordingly;

“doctor” means a registered medical practitioner who—

(a)

is an appointed doctor for the purposes of the Ionising Radiation Regulations 2017 M2 (see regulation 2 of those Regulations); and

(b)

has completed a course of training in providing medical surveillance for air crew or space crew who have been exposed to ionising radiation;

“effective dose” has the meaning given in Article 4(25) of the Directive;

“the Directive” means Council Directive 2013/59/Euratom M3 , laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation;

“flight crew” means persons working on an aircraft who undertake to act as pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft;

“health review” has the meaning given in article 14(1)(b);

“mSv” means one thousandth of a sievert;

“operator” has the meaning given in article 4;

“overexposure” has the meaning given in article 11(7);

“relevant crew member” means a crew member who is employed or otherwise engaged to perform duties on an aircraft or spacecraft that would render the crew member liable to receive an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year;

“space cabin crew” means those persons on a spacecraft carried for the purpose of performing duties in the interests of safety of the passengers but who do not act as members of the space flight crew;

“space flight crew” means persons working on a spacecraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radiotelephony operator of the spacecraft;

“spacecraft” has the meaning given in Article 4(95) of the Directive;

“spaceport” has the meaning given in section 3(2) and (3) of the Space Industry Act 2018 M4 ;

“task specialist” means a person who performs specialised tasks on board the aircraft or spacecraft.

(2) References in this Order to a crew member in relation to an operator are to a crew member of an aircraft or spacecraft operated by the operator.

(3) References in this Order to cosmic radiation do not include cosmic radiation prevailing at ground level.

Commencement Information

I2 Art. 2 in force at 7.8.2019, see art. 1

Marginal Citations

M1 S.I. 2016/765.

M2 S.I. 2017/1075, to which there are amendments not relevant to this Order.

M3 OJ No L 13/1, 17.1.2014, p. 1.

M4 2018 c. 5.

Application of this Order U.K.

3.—(1) This Order applies in relation to—

(a) the operation of aircraft by an operator who—

(i) is established in the United Kingdom; or

(ii) whose principal place of business is in the United Kingdom;

(b) the operation of spacecraft which launch or, as the case may be, are to launch, from—

(i) a spaceport in the United Kingdom; or

(ii) carrier aircraft, which launch or, as the case may be, are to launch, from an aerodrome or a spaceport in the United Kingdom.

(2) This Order does not apply in relation to the operation of military aircraft or spacecraft.

(3) In this article, “military aircraft or spacecraft” means—

(a) the naval, army or air force aircraft or spacecraft of any country;

(b) any aircraft or spacecraft for which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purpose of this Order as a military aircraft or spacecraft.

Commencement Information

I3 Art. 3 in force at 7.8.2019, see art. 1

Meaning of “operator” U.K.

4.—(1) For the purposes of the application of any provision of this Order, “ operator” in relation to an aircraft or spacecraft means the person who at the relevant time has management of the aircraft or spacecraft.

(2) But, for the purposes of the application of this Order in relation to aircraft or spacecraft belonging to or exclusively employed in the service of Her Majesty, a government department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft or spacecraft is deemed to be the operator of the aircraft or the spacecraft.

(3) Nothing in this article renders liable to any penalty any government department or other authority responsible on behalf of Her Majesty for the management of any aircraft or spacecraft.

Commencement Information

I4 Art. 4 in force at 7.8.2019, see art. 1