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

PART 3 U.K. Provisions relating to classified crew

Classification of crew U.K.

13.—(1) An operator may classify a crew member for the purpose of article 5(3) and a crew member classified under this article is referred to in this Order as a “ classified crew member”.

(2) But an operator must not classify a crew member unless—

(a) at the crew member's most recent medical examination or, as the case may be, health review, under article 14 (medical surveillance), a doctor determined that the crew member is—

(i) fit to work as a classified crew member; or

(ii) fit, subject to certain conditions, to work as a classified crew member; and

(b) in a case within sub-paragraph (a)(ii), the conditions are complied with.

(3) An operator must, as soon as is practicable following a crew member's most recent medical examination or, as the case may be, health review, under article 14, review the suitability of the crew member for the crew member's classification, having regard to the results of—

(a) any monitoring under article 9 or 16 undertaken in relation to the crew member since the beginning of the year in which the medical examination or health review takes place;

(b) the crew member's most recent medical examination or health review under article 14; and

(c) any other medical examination the crew member has been subject to since the date of the crew member's most recent medical examination or health review under article 14.

(4) An operator must cease to classify a crew member as a classified crew member if—

(a) at the crew member's most recent medical examination or, as the case may be, health review, in accordance with article 14, a doctor determines that the crew member is—

(i) unfit to work as a classified crew member; or

(ii) fit, subject to certain conditions, to work as a classified crew member; and

(b) in a case within sub-paragraph (a)(ii), the conditions are not complied with.

Commencement Information

I1 Art. 13 in force at 7.8.2019, see art. 1

Medical surveillance U.K.

14.—(1) An operator must ensure that—

(a) before classifying a crew member as a classified crew member, the crew member undergoes a medical examination by a doctor to determine the crew member's fitness to perform duties as a classified crew member; and

(b) each classified crew member has at least one review of their health (“health review”) by a doctor once in every 12 months to determine whether the crew member remains fit to perform their duties.

(2) An operator must ensure that the doctor who performs an examination or health review in accordance with paragraph (1)—

(a) determines that the crew member is—

(i) fit to work as a classified crew member;

(ii) fit, subject to certain conditions, to work as a classified crew member; or

(iii) unfit to work as a classified crew member, and

(b) in a case within sub-paragraph (a)(ii), specifies the conditions concerned.

(3) An operator must, as soon as reasonably practicable, notify the crew member concerned of—

(a) the determination made by the doctor of the crew member's fitness under paragraph (2); and

(b) any conditions the doctor has specified in relation to the crew member under paragraph (2)(b).

(4) A person who has undergone a medical examination or health review under this article may appeal to the Chief Medical Officer of the CAA against any of the following decisions made in relation to the person—

(a) the determination made by the doctor under paragraph (2)(a); or

(b) the specification of a condition by the doctor under paragraph (2)(b).

(5) An appeal under paragraph (4) must be made in writing within 28 days beginning with the date on which the person is notified of the decision.

(6) The CAA must notify the person and the operator of the result of the appeal in writing as soon as reasonably practicable after the appeal is decided.

(7) An operator must allow a doctor access to any information the doctor may reasonably require in relation to the doctor's functions under this article.

Commencement Information

I2 Art. 14 in force at 7.8.2019, see art. 1

Health Records U.K.

15.—(1) An operator must ensure that a health record is created in respect of each classified crew member.

(2) A “health record” is a written document containing the information specified in the Schedule.

(3) An operator must ensure that each health record is—

(a) maintained while the crew member to whom it relates is classified by the operator as a classified crew member; and

(b) retained until the later of—

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

(ii) the 30th anniversary of the date on which the crew member was last exposed to cosmic radiation in the course of performing duties for the operator on board an aircraft F1 ....

(4) A crew member may request a copy of their health record.

(5) A doctor may request a copy of the health record in respect of a crew member who the doctor has examined, is due to examine, or whose health the doctor has reviewed, or is due to review, in accordance with article 14(1) (determination as to fitness to work as a classified crew member) in connection with the performance of the doctor's functions under that article.

(6) An operator must, within a reasonable time of receiving a request under paragraph (4) or (5), ensure that a copy of the health record is produced to the crew member or, as the case may be, doctor.

Textual Amendments

F1 Words in art. 15(3)(b)(ii) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 10

Commencement Information

I3 Art. 15 in force at 7.8.2019, see art. 1

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

16.—(1) An operator must ensure that the exposure to cosmic radiation of each classified crew member is individually monitored.

(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, “CARI-7, “EPCARD”, “SIEVERT PN” and “PCAire” have the same meaning as in Article 9.

Commencement Information

I4 Art. 16 in force at 7.8.2019, see art. 1

Records of exposure to cosmic radiation of classified crew U.K.

17.—(1) An operator must maintain a record of all monitoring undertaken under article 16 (monitoring of exposure of classified crew members).

(2) A record under paragraph (1) is a written document containing—

(a) the crew member's

(i) name;

(ii) date of birth;

(iii) gender; and

(iv) nationality;

(b) the name and address of the crew member's employer, where it is not the operator; and

(c) the start date of the period to which the monitoring relates and, where possible, the end date.

(3) An operator must ensure that a record under paragraph (1) is retained until the later of—

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

(b) the 30th anniversary of the date on which the crew member was last exposed to cosmic radiation in the course of performing duties for the operator on board an aircraft F2 ....

(4) On or before 31st March of each calendar year the operator must submit to the CAA a copy of all records under paragraph (1) relating to the previous calendar year.

Textual Amendments

F2 Words in art. 17(3)(b) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 11

Commencement Information

I5 Art. 17 in force at 7.8.2019, see art. 1

Access to records of individual exposure to cosmic radiation U.K.

18.—(1) An interested person may request that an operator cause to be produced to the interested person a copy of the record required to be maintained under article 17(1) (records of exposure to cosmic radiation of classified crew) in relation to a crew member specified in that request.

(2) “Interested person” means—

(a) the crew member to whom the record relates;

(b) another operator (“O”), or a person other than O employing or otherwise engaging the crew member to perform duties for O on board an aircraft F3 ..., where the request is made for the purpose of complying with O's requirements in relation to the crew member under this Order;

(c) any doctor who makes the request—

(i) in relation to an examination or health review the doctor is due to perform, or has performed, in accordance with article 14 of the crew member to whom the record relates; and

(ii) in connection with making a determination as mentioned in paragraph (2) of that article.

(3) The operator must, within a reasonable time of receiving a request under paragraph (1), cause a copy of the record to be produced to the person who requested it.

Textual Amendments

F3 Words in art. 18(2)(b) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 12

Commencement Information

I6 Art. 18 in force at 7.8.2019, see art. 1