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

PART 2 U.K. Generally applicable provisions

Authorisation and prohibition on exposure U.K.

5.—(1) No operator may employ or otherwise engage a person to perform duties as a crew member on an aircraft F1 ... that would render the person liable to receive an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year, unless the operator is authorised for the purposes of this article.

(2) Subject to article 24 (CAA's power to determine an operator as not authorised), an operator is authorised for the purposes of this article if the operator—

(a) has been granted or issued with a relevant certificate F2 ... or a specialised operations authorisation and that certificate F3 ... or authorisation is in force;

(b) is an approved training organisation or a declared training organisation; or

(c) has made a relevant declaration to the CAA.

(3) No operator may employ or otherwise engage a person to perform duties as a crew member on an aircraft F4 ... that would render the person liable to receive an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year unless the person is a classified crew member (see article 12 (continued working of overexposed crew)).

(4) No operator may employ or otherwise engage a person to perform duties as a crew member on an aircraft F5 ... that would render the person liable to receive an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year (and see article 12 (continued working of overexposed crew)).

(5) In this article—

“approved training organisation” has the meaning given in Article 1 of the EASA Aircrew Regulation;

“declared training organisation” has the meaning given in Article 1 of the EASA Aircrew Regulation;

“EASA Aircrew Regulation” means Commission Regulation (EC) No 1178/2011 of 3rd November 2011 laying down technical requirements and administrative procedures related to civil aviation air crew pursuant to Regulation (EC) No 216/2008 of the European Parliament and Council M1 ;

“EASA Air Operations Regulation” means Commission Regulation (EU) No 965/2012 of 5th October 2012 laying down technical requirements and administrative procedures relating to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and Council M2 ;

“National air operator's certificate” and “Part-CAT air operator certificate” have the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016;

“relevant certificate” means—

(a)

a National air operator's certificate;

(b)

a Part-CAT air operator certificate;

“relevant declaration” means a declaration made to the CAA by an operator—

(a)

in accordance with Annex III to the EASA Air Operations Regulation that the operator is performing, or intends to perform, specialised operations other than high risk commercial specialised operations;

(b)

in accordance with Annex III to the EASA Air Operations Regulation that the operator is performing, or intends to perform, the non-commercial operation of complex motor-powered aircraft;

F6 ...

“specialised operations” and “high risk commercial specialised operations” have the same meaning as in the EASA Air Operations Regulation;

“specialised operations authorisation” means an authorisation granted to an operator under the EASA Air Operations Regulation authorising the operator to perform high risk commercial specialised operations.

Textual Amendments

F1 Words in art. 5(1) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(a)

F2 Words in art. 5(2)(a) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(b)(i)

F3 Word in art. 5(2)(a) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(b)(ii)

F4 Words in art. 5(3) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(c)

F5 Words in art. 5(4) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(d)

F6 Words in art. 5(5) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 5(e)

Commencement Information

I1 Art. 5 in force at 7.8.2019, see art. 1

Marginal Citations

M1 OJ L 311, 25.11.2011, p.1.

M2 OJ L 296, 25.10.2012, p.1.

Risk assessments U.K.

6.—(1) Subject to paragraph (2), the operator must ensure that a suitable and sufficient assessment of the magnitude of the risk to crew members from exposure to cosmic radiation in the course of performing their duties aboard the aircraft F7 ... (a “risk assessment”) is conducted before undertaking aircraft F7 ... operations.

(2) Where an operator has completed a risk assessment (the “previous risk assessment”) in relation to an operation of aircraft F8 ..., no further risk assessment needs to be conducted in relation to that operation, but a further risk assessment must be conducted if—

(a) the operator has reason to suspect that the previous risk assessment is no longer valid;

(b) there has been a significant change to the matters to which the previous risk assessment relates; or

(c) the operator has reasonable cause to believe that a crew member has received an overexposure while performing duties for the operator on board that aircraft F8 ....

(3) The operator must take into account the results of the most recent risk assessments it has conducted in relation to an operation of aircraft F9 ... when managing the operation of aircraft F9 ..., with a view to minimising as far as reasonably possible the exposure of crew members to cosmic radiation.

(4) Nothing in this article affects the obligations of an operator under regulation 3 of the Management of Health and Safety at Work Regulations 1999 (risk assessment) M3 .

Textual Amendments

F7 Words in art. 6(1) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 6(a)

F8 Words in art. 6(2)(c) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 6(b)

F9 Words in art. 6(3) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 6(c)

Commencement Information

I2 Art. 6 in force at 7.8.2019, see art. 1

Marginal Citations

M3 S.I. 1999/3242, amended by S.I. 2003/2457, 2005/1541, 2006/457, 2015/21, 2015/1637.

Requirements to assess and inform U.K.

7.—(1) An operator must—

(a) take appropriate measures to assess the exposure to cosmic radiation of each relevant crew member;

(b) take into account the assessed exposure when organising working schedules, with a view to reducing the doses of highly exposed crew; and

(c) inform each relevant crew member of their dose as assessed under sub-paragraph (a).

(2) “Assess” and “highly exposed” have the same meaning as in Article 35 of the Directive.

Commencement Information

I3 Art. 7 in force at 7.8.2019, see art. 1

Protection of pregnant crew U.K.

8.—(1) An operator must inform all relevant crew members of the importance of giving early notification of pregnancy to the operator in view of the risks of exposure to the unborn child.

(2) An operator must, as soon as a crew member informs the operator in writing that she is pregnant, ensure that—

(a) the conditions of exposure to cosmic radiation for the crew member in the context of her duties are such that the equivalent dose to the unborn child is as low as reasonably achievable; and

(b) it is unlikely that that dose will exceed 1 mSv during the remainder of the pregnancy.

(3) In this article, “equivalent dose” has the meaning given in Article 4(33) of the Directive.

Commencement Information

I4 Art. 8 in force at 7.8.2019, see art. 1

Monitoring of exposure to cosmic radiation: crew other than classified crew U.K.

9.—(1) An operator must ensure that the exposure to cosmic radiation of relevant crew members who are not classified crew members is monitored to such an extent as is sufficient to identify any crew members who should be classified under article 13.

(2) Monitoring of aircrew under this article may be undertaken by proper use of any of the following computer programs, which calculate the effective dose of cosmic radiation received by a person on board an aircraft, or of a computer program that performs an equivalent function—

(a) CARI-7;

(b) EPCARD;

(c) SIEVERT PN;

(d) PCAire.

(3) In this article—

(a) “CARI-7” means the computer programme of the same name, developed by the Federal Aviation Administration's Civil Aerospace Medical Institute;

(b) “EPCARD” means the European Program Package for the Calculation of Aviation Route Doses, developed by the Institue of Radiation Protection at Helmholtz Zentrum Munich, German Research Centre for Environmental Health;

(c) “SIEVERT PN” means the computer programme of the same name, developed by the Institut De Radioprotection et de Surete Nucleaire;

(d) “PCAire” means the computer programme of the same name, developed by PCAire Inc.

Commencement Information

I5 Art. 9 in force at 7.8.2019, see art. 1

Provision of information and training to crew U.K.

10.—(1) An operator must ensure that each relevant crew member is given appropriate information and training about—

(a) the health risks arising from exposure to cosmic radiation while performing the crew member's duties on board the aircraft F10 ...;

(b) the operator's procedures for conducting a risk assessment under article 6; and

(c) the operator's procedures for assessing and monitoring crew exposure to cosmic radiation.

(2) The operator must ensure that training under paragraph (1) is given—

(a) in relation to a crew member employed or otherwise engaged to perform duties as a crew member on an aircraft F11 ... at the time that this Order comes into, as soon as reasonably practicable after this Order comes into force; and

(b) in all other cases, before the crew member performs any duties on board the aircraft F12 ....

Textual Amendments

F10 Words in art. 10(1)(a) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 7(a)

F11 Words in art. 10(2)(a) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 7(b)

F12 Words in art. 10(2)(b) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 7(c)

Commencement Information

I6 Art. 10 in force at 7.8.2019, see art. 1

Overexposure U.K.

11.—(1) Where an operator has reasonable cause to believe that a crew member has received an overexposure while performing duties for that operator on board an aircraft F13 ..., the operator must immediately conduct an investigation in order to conclude beyond reasonable doubt that no overexposure has occurred (a “negative conclusion”).

(2) If the operator is not able to reach a negative conclusion within fourteen days beginning with the date on which the investigation commenced (the “fourteen day period”), an overexposure is deemed to have occurred and the operator must—

(a) immediately—

(i) notify the CAA of the overexposure;

(ii) where the crew member is a classified crew member, notify the doctor who undertook the crew member's most recent medical examination or, as the case may be, health review of the overexposure; and

(iii) take appropriate steps to notify the crew member affected of the overexposure;

(b) where requested by the crew member, immediately arrange for a doctor to undertake a medical examination of the crew member in relation to the overexposure; and

(c) as soon as is reasonably practicable after the fourteen day period, conduct such investigation as is necessary to determine—

(i) the dose of cosmic radiation received by the crew member, so far as is reasonably practicable; and

(ii) the necessary measures, if any, to be taken to prevent a recurrence of the overexposure.

(3) Where an investigation is conducted under paragraph (2)(c), the operator must immediately upon the conclusion of the investigation—

(a) notify the CAA; and

(b) take appropriate steps to notify the crew member affected,

of the results of the investigation and any determination as to the necessary measures to be taken to prevent a recurrence of the overexposure.

(4) An operator who determines that there are measures necessary to be taken to prevent a recurrence of the overexposure must implement those measures as soon as practicable after such a determination is reached.

(5) An operator who conducts an investigation pursuant to paragraph (1) must ensure that a report of the investigation is retained until the second anniversary of the date on which the investigation was commenced.

(6) An operator who conducts an investigation pursuant to paragraph (2)(c) must ensure that a report of the investigation is retained until the later of—

(a) the 75th anniversary of the birth of the crew member affected (whether or not the crew member survives until that date); and

(b) the 30th anniversary of the date on which the investigation was commenced.

(7) “Overexposure” means—

(a) in relation to a crew member performing duties for an operator who is not authorised under article 5 (authorisation and prohibition on exposure), that the crew member has received an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year;

(b) in relation to a crew member performing duties for an operator who is authorised under article 5—

(i) in relation to a classified crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year;

(ii) in relation to any other crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year.

Textual Amendments

F13 Words in art. 11(1) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 8

Commencement Information

I7 Art. 11 in force at 7.8.2019, see art. 1

Continued working of overexposed crew U.K.

12.—(1) No operator may employ or engage a crew member who has received an overexposure to perform duties on board an aircraft F14 ... that would render the crew member liable to receive an effective dose of cosmic radiation that exceeds X mSv for the remainder of the calendar year.

(2) In paragraph (1), “X” is the lower of—

(a) the dose limit applicable to the crew member divided by 365 and multiplied by the number of days in the remainder of the calendar year; and

(b) the dose limit applicable to the crew member minus the effective dose of radiation received by the crew member for the calendar year to the date on which the crew member received the overexposure, excluding the dose resulting in the overexposure.

(3) An operator employing or engaging a crew member who has received an overexposure to perform duties on board an aircraft F15 ... must inform the crew member of the dose limit applicable to the crew member.

(4) Where an overexposure received by a crew member was caused by exceptional circumstances beyond the control of the operator, the dose resulting in the overexposure is not to be included in any assessment of the crew member's effective dose for the purposes of article 5 (prohibition on exposure) and article 26 (offences and penalties).

(5) In this article—

(a) the “dose limit applicable to the crew member” is—

(i) where the crew member is performing duties for an operator not authorised under article 5, 1 mSv;

(ii) where the crew member is performing duties for an operator authorised under article 5—

(aa) for classified crew members, 20 mSv;

(bb) for all other crew members, 6 mSv;

(b) the “remainder of the calendar year” begins with the day after the date on which the crew member received the overexposure and ends with the last day of the calendar year.

Textual Amendments

F14 Words in art. 12(1) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 9(a)

F15 Words in art. 12(3) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 9(b)

Commencement Information

I8 Art. 12 in force at 7.8.2019, see art. 1