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STATUTORY INSTRUMENTS


2005 No. 1970

CIVIL AVIATION

The Air Navigation Order 2005

  Made 19th July 2005 
  Laid before Parliament 29th July 2005 
  Coming into force 20th August 2005 


ARRANGEMENT OF ORDER


          
1. Citation and Commencement
2. Revocation

PART 1

Registration and Marking of Aircraft
3. Aircraft to be registered
4. Registration of aircraft in the United Kingdom
5. Nationality and registration marks

PART 2

Air Operators' Certificates
6. Grant of air operators' certificates
7. Grant of police air operators' certificates

PART 3

Airworthiness and Equipment of Aircraft
8. Certificate of airworthiness to be in force
9. Issue, renewal, etc., of national certificates of airworthiness
10. Validity of certificate of airworthiness
11. Issue, validity etc., of national permits to fly
12. Issue of EASA permits to fly
13. Issue etc. of certificates of validation of permits to fly or equivalent documents
14. Certificate of maintenance review
15. Technical Log
16. Requirement for a certificate of release to service
17. Requirement for a certificate of release to service under Part 145
18. Licensing of maintenance engineers
19. Equipment of aircraft
20. Radio equipment of aircraft
21. Minimum equipment requirements
22. Aircraft, engine and propeller log books
23. Aircraft weight schedule
24. Access and inspection for airworthiness purposes

PART 4

Aircraft Crew and Licensing
25. Composition of crew of aircraft
26. Members of flight crew—requirement for licence
27. Grant, renewal and effect of flight crew licences
28. Maintenance of privileges of aircraft ratings in United Kingdom licences
29. Maintenance of privileges of aircraft ratings in JAR-FCL licences, United Kingdom licences for which there are JAR-FCL equivalents, United Kingdom Basic Commercial Pilot's Licences, and United Kingdom Flight Engineer's Licences
30. Maintenance of privileges of aircraft ratings in National Private Pilot's Licences
31. Maintenance of privileges of other ratings
32. Medical requirements
33. Miscellaneous licensing provisions
34. Validation of licences
35. Personal flying log book
36. Instruction in flying
37. Glider pilot—minimum age

PART 5

Operation of Aircraft
38. Operations manual
39. Police operations manual
40. Training manual
41. Flight data monitoring, accident prevention and flight safety programme
42. Public transport—operator's responsibilities
43. Loading—public transport aircraft and suspended loads
44. Public transport—aeroplanes—operating conditions and performance requirements
45. Public transport—helicopters—operating conditions and performance requirements
46. Public transport operations at night or in Instrument Meteorological Conditions by aeroplanes with one power unit which are registered elsewhere than in the United Kingdom
47. Public transport aircraft registered in the United Kingdom—aerodrome operating minima
48. Public transport aircraft registered elsewhere than in the United Kingdom—aerodrome operating minima
49. Non-public transport aircraft—aerodrome operating minima
50. Pilots to remain at controls
51. Wearing of survival suits by crew
52. Pre-flight action by commander of aircraft
53. Passenger briefing by commander
54. Public transport of passengers—additional duties of commander
55. Operation of radio in aircraft
56. Minimum navigation performance
57. Height keeping performance—aircraft registered in the United Kingdom
58. Height keeping performance—aircraft registered elsewhere than in the United Kingdom
59. Area navigation and required navigation performance capabilities—aircraft registered in the United Kingdom
60. Area navigation and required navigation performance capabilities—aircraft registered elsewhere than in the United Kingdom
61. Use of airborne collision avoidance system
62. Use of flight recording systems and preservation of records
63. Towing of gliders
64. Operation of self-sustaining gliders
65. Towing, picking up and raising of persons and articles
66. Dropping of articles and animals
67. Dropping of persons and grant of parachuting permissions
68. Grant of aerial application certificates
69. Carriage of weapons and of munitions of war
70. Carriage of dangerous goods
71. Method of carriage of persons
72. Exits and break-in markings
73. Endangering safety of an aircraft
74. Endangering safety of any person or property
75. Drunkenness in aircraft
76. Smoking in aircraft
77. Authority of commander of an aircraft
78. Acting in a disruptive manner
79. Stowaways
80. Flying displays

PART 6

Fatigue of Crew and Protection of Crew from Cosmic Radiation
81. Application and interpretation of Part 6
82. Fatigue of crew—operator's responsibilities
83. Fatigue of crew—responsibilities of crew
84. Flight times—responsibilities of flight crew
85. Protection of air crew from cosmic radiation

PART 7

Documents and Records
86. Documents to be carried
87. Keeping and production of records of exposure to cosmic radiation
88. Production of documents and records
89. Production of air traffic service equipment documents and records
90. Power to inspect and copy documents and records
91. Preservation of documents, etc.
92. Revocation, suspension and variation of certificates, licences and other documents
93. Revocation, suspension and variation of permissions, etc. granted under article 138 or article 140
94. Offences in relation to documents and records

PART 8

Movement of Aircraft
95. Rules of the Air
96. Power to prohibit or restrict flying
97. Balloons, kites, airships, gliders and parascending parachutes
98. Regulation of small aircraft
99. Regulation of rockets

PART 9

Air Traffic Services
100. Requirement for an air traffic control approval
101. Duty of person in charge to satisfy himself as to competence of controllers
102. Manual of air traffic services
103. Provision of air traffic services
104. Making of an air traffic direction in the interests of safety
105. Making of a direction for airspace policy purposes
106. Use of radio call signs at aerodromes

PART 10

Licensing of Air Traffic Controllers
107. Prohibition of unlicensed air traffic controllers and student air traffic controllers
108. Grant and renewal of air traffic controller's and student air traffic controller's licences
109. Privileges of an air traffic controller's licence and a student air traffic controller's licence
110. Maintenance of validity of ratings and endorsements
111. Obligation to notify rating ceasing to be valid and change of unit
112. Requirement for medical certificate
113. Appropriate licence
114. Incapacity of air traffic controllers
115. Fatigue of air traffic controllers—air traffic controllers' responsibilities
116. Prohibition of drunkenness etc. of controllers
117. Failing exams
118. Use of simulators
119. Approval of courses and persons
120. Acting as an air traffic controller and a student air traffic controller

PART 11

Flight Information Services and Licensing of Flight Information Service Officers
121. Prohibition of unlicensed flight information service officers
122. Licensing of flight information service officers
123. Flight information service manual

PART 12

Air Traffic Service Equipment
124. Air traffic service equipment
125. Air traffic service equipment records

PART 13

Aerodromes, Aeronautical Lights and Dangerous Lights
126. Aerodromes—public transport of passengers and instruction in flying
127. Use of Government aerodromes
128. Licensing of aerodromes
129. Charges at aerodromes licensed for public use
130. Use of aerodromes by aircraft of Contracting States and of the Commonwealth
131. Noise and vibration caused by aircraft on aerodromes
132. Aeronautical lights
133. Lighting of en-route obstacles
134. Lighting of wind turbine generators in United Kingdom territorial waters
135. Dangerous lights
136. Customs and Excise aerodromes
137. Aviation fuel at aerodromes

PART 14

General
138. Restriction on carriage for valuable consideration in aircraft registered elsewhere than in the United Kingdom
139. Filing and approval of tariffs
140. Restriction on aerial photography, aerial survey and aerial work in aircraft registered elsewhere than in the United Kingdom
141. Flights over any foreign country
142. Mandatory reporting of occurrences
143. Mandatory reporting of birdstrikes
144. Power to prevent aircraft flying
145. Right of access to aerodromes and other places
146. Obstruction of persons
147. Directions
148. Penalties
149. Extra-territorial effect of the Order
150. Aircraft in transit over certain United Kingdom territorial waters
151. Application of Order to British-controlled aircraft registered elsewhere than in the United Kingdom
152. Application of Order to the Crown and visiting forces, etc.
153. Exemption from Order
154. Appeal to County Court or Sheriff Court
155. Interpretation
156. Meaning of aerodrome traffic zone
157. Public transport and aerial work—general rules
158. Public transport and aerial work—exceptions—flying displays etc
159. Public transport and aerial work—exceptions—charity flights
160. Public transport and aerial work—exceptions—cost sharing
161. Public transport and aerial work—exceptions—recovery of direct costs
162. Public transport and aerial work—exceptions—jointly owned aircraft
163. Public transport and aerial work—exceptions—parachuting
164. Exceptions from application of provisions of the Order for certain classes of aircraft
165. Approval of persons to furnish reports
166. Certificates, authorisations, approvals and permissions
167. Competent authority
168. Saving

SCHEDULES

  SCHEDULE 1 Orders revoked

  SCHEDULE 2 Classification and marking of aircraft and dealer certification
 PART A Classification of aircraft
 PART B Nationality and registration marks of aircraft registered in the United Kingdom
 PART C Conditions in aircraft dealer's certificate

  SCHEDULE 3 A and B Conditions and categories of certificate of airworthiness
 PART A A and B Conditions
 PART B Categories of certificate of airworthiness and purposes for which aircraft may fly

  SCHEDULE 4 Aircraft equipment

  SCHEDULE 5 Radio communication and radio navigation equipment to be carried in aircraft

  SCHEDULE 6 Aircraft, engine and propeller log books

  SCHEDULE 7 Areas specified in connection with the carriage of flight navigators as members of the flight crews or suitable navigational equipment on public transport aircraft

  SCHEDULE 8 Flight crew of aircraft—licences, ratings, qualifications and maintenance of licence privileges
 PART A Flight crew licences
 PART B Ratings and qualifications
 PART C Maintenance of licence privileges

  SCHEDULE 9 Public transport—operational requirements
 PART A Operations Manual
 PART B Training Manual
 PART C Crew training and tests

  SCHEDULE 10 Circumstances in which documents are to be carried

  SCHEDULE 11 Air traffic controllers—licences, ratings, endorsements and maintenance of licence privileges
 PART A Air traffic controller licences
 PART B Ratings, rating endorsements and licence endorsements

  SCHEDULE 12 Air traffic service equipment—records required and matters to which the CAA may have regard
 PART A Records to be kept in accordance with article 125(1)
 PART B Records required in accordance with article 125(4)(c)
 PART C Matters to which the CAA may have regard in granting an approval of apparatus under article 125(5)

  SCHEDULE 13 Aerodrome Manual

  SCHEDULE 14 Penalties
 PART A Provisions referred to in article 148(5)
 PART B Provisions referred to in article 148(6)
 PART C Provisions referred to in article 148(7)

  SCHEDULE 15 Parts of straits specified in connection with the flight of aircraft in transit over United Kingdom territorial waters

At the Court at Buckingham Palace, the 19th day of July 2005

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 2(2) of the European Communities Act 1972[
1], sections 60 (other than sub-section (3)(r)), 61, 77, 101 and 102 and Schedule 13 to the Civil Aviation Act 1982[2] and section 35 of the Airports Act 1986[3] is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and Commencement
     1. This Order may be cited as the Air Navigation Order 2005 and shall come into force on 20th August 2005.

Revocation
    
2. The Orders specified in Schedule 1 are hereby revoked.





PART 1

Registration and Marking of Aircraft

Aircraft to be registered
    
3. —(1) Subject to paragraphs (2), (3) and (4) an aircraft shall not fly in or over the United Kingdom unless it is registered in—

    (2) A non-EASA glider may fly unregistered, and shall be deemed to be registered in the United Kingdom for the purposes of articles 19, 20, 26 and 52, on any flight which—

    (3) Any non-EASA aircraft may fly unregistered on any flight which—

    (4) Paragraph (1) shall not apply to any non-EASA kite or non-EASA captive balloon.

    (5) If an aircraft flies over the United Kingdom in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the United Kingdom an offence against this Order or any regulations made thereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.

Registration of aircraft in the United Kingdom
    
4. —(1) The CAA shall be the authority for the registration of aircraft in the United Kingdom and shall be responsible for maintaining the register and may record therein the particulars specified in paragraph (7) in a legible or a non-legible form so long as the recording is capable of being reproduced in a legible form.

    (2) Subject to the provisions of this article, an aircraft shall not be registered or continue to be registered in the United Kingdom if it appears to the CAA that—

    (3) The following persons and no others shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the United Kingdom or a share therein—

    (4) If an unqualified person—

    (5) If an aircraft is chartered by demise to a person qualified as aforesaid the CAA may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the United Kingdom in the name of the charterer by demise upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this article the aircraft may remain so registered during the continuation of the charter.

    (6) Application for the registration of an aircraft in the United Kingdom shall be made in writing to the CAA, and shall—

    (7) Upon receiving an application for the registration of an aircraft in the United Kingdom and being satisfied that the aircraft may properly be so registered, the CAA shall register the aircraft, wherever it may be, and shall include in the register the following particulars—

    (8) The CAA—

    (9) The CAA may grant to any person qualified as aforesaid an aircraft dealer's certificate if it is satisfied that he has a place of business in the United Kingdom for buying and selling aircraft.

    (10) Subject to paragraphs (4), (5) and (17), if at any time after an aircraft has been registered in the United Kingdom an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the CAA.

    (11) Any person who is the registered owner of an aircraft registered in the United Kingdom shall forthwith inform the CAA in writing of—

    (12) Any person who becomes the owner of an aircraft registered in the United Kingdom shall within 28 days inform the CAA in writing to that effect.

    (13) The CAA may, whenever it appears to it necessary or appropriate to do so for giving effect to this Part of this Order or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if it thinks fit, may cancel the registration of the aircraft, and shall cancel that registration within 2 months of being satisfied that there has been a change in the ownership of the aircraft.

    (14) The Secretary of State may, by regulations, adapt or modify the foregoing provisions of this article as he deems necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the United Kingdom register, either generally or in relation to a particular case or class of cases.

    (15) In this article references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in paragraph (11) to the registered owner of an aircraft includes, in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dissolved, its successor.

    (16) Nothing in this article shall require the CAA to cancel the registration of an aircraft if in its opinion it would not be in the public interest to do so.

    (17) The registration of an aircraft which is the subject of an undischarged mortgage entered in the Register of Aircraft Mortgages kept by the CAA under an Order in Council made under section 86 of the Civil Aviation Act 1982[5] shall not become void by virtue of paragraph (10), nor shall the CAA cancel the registration of such an aircraft under this article, unless all persons shown in the Register of Aircraft Mortgages as mortgagees of that aircraft have consented to the cancellation.

Nationality and registration marks
     5. —(1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.

    (2) The marks to be borne by aircraft registered in the United Kingdom shall comply with Part B of Schedule 2.

    (3) Subject to paragraph (4), an aircraft shall not bear any marks which purport to indicate—

    (4) Marks approved by the CAA for the purposes of flight in accordance with the B Conditions shall be deemed not to purport to indicate that the aircraft is registered in a country in which it is not in fact registered.



PART 2

Air Operators' Certificates

Grant of air operators' certificates
    
6. —(1) Subject to article 7, an aircraft registered in the United Kingdom shall not fly on any flight for the purpose of public transport, otherwise than under and in accordance with the terms of an air operator's certificate granted to the operator of the aircraft under paragraph (2), certifying that the holder of the certificate is competent to secure that aircraft operated by him on such flights as that in question are operated safely.

    (2) The CAA shall grant an air operator's certificate if it is satisfied that the applicant is competent, having regard in particular to—

Grant of police air operators' certificates
    
7. —(1) A flight by an aircraft registered in the United Kingdom in the service of a police authority shall, for the purposes of this Order, be deemed to be a flight for the purpose of public transport.

    (2) If any passenger is carried on such a flight it shall be deemed to be for the purpose of public transport of passengers, and save as otherwise expressly provided, the provisions of this Order and of any regulations made thereunder shall be complied with in relation to a flight in the service of a police authority as if that flight was for the purpose of public transport or public transport of passengers as the case may be.

    (3) An aircraft registered in the United Kingdom shall not fly on any flight in the service of a police authority otherwise than under and in accordance with either the terms of an air operator's certificate granted to the operator of the aircraft under article 6(2) or the terms of a police air operator's certificate granted to the operator of the aircraft under paragraph (4).

    (4) The CAA shall grant a police air operator's certificate if it is satisfied that the applicant is competent, having regard in particular to—

to secure that the operation of aircraft of the types specified in the certificate shall be as safe as is appropriate when flying on flights of the description and for the purposes so specified.



PART 3

Airworthiness and Equipment of Aircraft

Certificate of airworthiness to be in force
    
8. —(1) Subject to paragraph (2), an aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator, and any conditions subject to which the certificate was issued or rendered valid are complied with.

    (2) The foregoing prohibition shall not apply to flights, beginning and ending in the United Kingdom without passing over any other country, of—

    (3) In the case of—

    (4) For the purposes of paragraph (1) a certificate of airworthiness—

    (5) An aircraft registered in the United Kingdom with an EASA certificate of airworthiness shall not fly otherwise than in accordance with any conditions or limitations contained in its flight manual unless otherwise permitted by the CAA.

Issue, renewal, etc., of national certificates of airworthiness
    
9. —(1) Subject to paragraph (2), the CAA shall issue in respect of any non-EASA aircraft a national certificate of airworthiness if it is satisfied that the aircraft is fit to fly having regard to—

    (2) If the CAA has issued a certificate of airworthiness in respect of an aircraft which, in its opinion, is a prototype aircraft or a modification of a prototype aircraft, it may dispense with flying trials in the case of any other aircraft if it is satisfied that it conforms to such prototype or modification.

    (3) Every national certificate of airworthiness shall specify the category which is, in the opinion of the CAA, appropriate to the aircraft in accordance with Part B of Schedule 3 and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in that Part in relation to that category.

    (4) Any certificate of airworthiness issued by the CAA prior to the date on which this Order comes into force which is specified as being in the Transport Category (Passenger), Transport Category (Cargo), Aerial Work or Private Category shall be deemed to be—

    (5) The CAA may issue a national certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as it thinks fit.

    (6) The CAA may issue a certificate of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any aircraft registered elsewhere than in the United Kingdom under the law of any country other than the United Kingdom.

    (7) Nothing in this Order shall oblige the CAA to accept an application for the issue of a national certificate of airworthiness or certificate of validation or for the variation or renewal of any such certificate when the application is not supported by such reports from such persons approved under article 165 as the CAA may specify (either generally or in a particular case or class of cases).

Validity of certificate of airworthiness
    
10. A certificate of airworthiness or a certificate of validation issued in respect of an aircraft registered in the United Kingdom shall cease to be in force—

Issue, validity etc., of national permits to fly
    
11. —(1) The CAA shall—

    (2) Subject to paragraph (4), an aircraft flying in accordance with a national permit to fly shall not fly for the purpose of public transport or aerial work other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

    (3) No person shall be carried during flights for the purpose of flying displays or demonstration flying except the minimum flight crew, unless the prior permission of the CAA has been obtained.

    (4) With the permission of the CAA, an aircraft flying in accordance with a national permit to fly may fly for the purpose of aerial work which consists of the giving of instruction in flying or the conduct of flying tests, subject to the aircraft being owned or operated under arrangements entered into by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.

    (5) The CAA may issue a national permit to fly subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.

    (6) A national permit to fly issued in respect of an aircraft shall cease to be in force—

    (7) A placard shall be affixed to any aircraft flying in accordance with a permit to fly in full view of the occupants which shall be worded as follows—

    (8) An aircraft flying in accordance with a permit to fly shall only be flown by day and in accordance with the Visual Flight Rules unless the prior permission of the CAA has been obtained.

    (9) Nothing in this Order shall oblige the CAA to accept an application for the issue, variation or renewal of a national permit to fly when the application is not supported by such reports from such approved persons as the CAA may specify (either generally or in a particular case or class of cases).

    (10) In paragraph (8) "day" means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level.

Issue of EASA permits to fly
    
12. Where the CAA is authorised so to do under Commission Regulation No 1702/2003[6] it shall in respect of an EASA aircraft registered in the United Kingdom issue an EASA permit to fly in the same circumstances as it would issue a national permit to fly to a non-EASA aircraft.

Issue etc. of certificates of validation of permits to fly or equivalent documents
     13. —(1) The CAA shall issue in respect of any aircraft registered elsewhere than in the United Kingdom a certificate of validation if it is satisfied that there is in respect of the aircraft a permit to fly or equivalent document issued or validated by the competent authority of the country in which the aircraft is registered which applies standards which are substantially equivalent to those required for the issue of a permit to fly by the CAA.

    (2) An aircraft flying in accordance with a certificate of validation shall not fly for the purpose of public transport or aerial work other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

    (3) The CAA may issue a certificate of validation subject to such other conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.

Certificate of maintenance
review
     14. —(1) An aircraft registered in the United Kingdom—

    (2) A maintenance schedule approved under paragraph (1)(a) in relation to a public transport or aerial work aircraft shall specify the occasions on which a review must be carried out for the purpose of issuing a certificate of maintenance review.

    (3) A certificate of maintenance review may be issued for the purposes of this article only by—

    (4) In approving a maintenance schedule, the CAA may direct that certificates of maintenance review relating to that schedule, or to any part thereof specified in its direction, may be issued only by the holder of such a licence as is so specified.

    (5) A person referred to in paragraph (3) shall not issue a certificate of maintenance review unless he has first verified that—

    (6) A certificate of maintenance review shall be issued in duplicate.

    (7) One copy of the most recently issued certificate of maintenance review shall be carried in the aircraft when article 86 so requires, and the other shall be kept by the operator elsewhere than in the aircraft.

    (8) Subject to article 91, each certificate of maintenance review shall be preserved by the operator of the aircraft for a period of at least 2 years after it has been issued.

Technical Log
     15. —(1) This article applies to public transport and aerial work aircraft registered in the United Kingdom.

    (2) Subject to paragraph (3), a technical log shall be kept in respect of every aircraft to which this article applies.

    (3) In the case of an aircraft of which the maximum total weight authorised is 2,730 kg or less and which is not operated by the holder of an air operator's certificate granted by the CAA under article 6(2) a record approved by the CAA (in this article, article 14(5)(c) and in Schedule 6 called "an approved record") may be kept instead of a technical log.

    (4) Subject to paragraph (5), at the end of every flight by an aircraft to which this article applies the commander shall enter in the technical log or the approved record as the case may be—

and he shall sign and date the entries.

    (5) In the case of two or more consecutive flights each of which begins and ends—

the commander may, except where he becomes aware of a defect during an earlier flight, make the entries specified in paragraph (4) at the end of the last of such consecutive flights.

    (6) Upon the rectification of any defect which has been entered in a technical log or approved record in accordance with paragraphs (4) and (5) a person issuing a certificate of release to service issued under this Order or under Part 145 in respect of that defect shall enter the certificate in the technical log or approved record in such a position as to be readily identifiable with the defect to which it relates.

    (7) Subject to paragraph (8) the technical log or approved record shall be carried in the aircraft when article 86 so requires and copies of the entries required by this article shall be kept on the ground.

    (8) In the case of an aeroplane of which the maximum total weight authorised is 2,730 kg or less, or a helicopter, if it is not reasonably practicable for the copy of the technical log or approved record to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a container approved by the CAA for that purpose.

    (9) Subject to article 91, a technical log or approved record required by this article shall be preserved by the operator of the aircraft to which it relates for a period of at least 2 years after the aircraft has been destroyed or has been permanently withdrawn from use, or for such shorter period as the CAA may permit in a particular case.

Requirement for a certificate of release to service
    
16. —(1) This article shall apply to any aircraft registered in the United Kingdom in respect of which a certificate of airworthiness is in force except any such aircraft which is required to be maintained in accordance with Part 145.

    (2) Except as provided in paragraphs (3), (5), (6) and (8) an aircraft to which this article applies shall not fly unless there is in force a certificate of release to service issued under this Order if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 10(b).

    (3) If a repair or replacement of a part of a non-EASA aircraft or its equipment is carried out when the aircraft is at a place where it is not reasonably practicable—

it may fly to a place which satisfies the criteria in paragraph (4) and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the CAA within 10 days thereafter.

    (4) A place satisfies the criteria in this paragraph if it is—

    (5) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg if it is an aircraft in respect of which a certificate of airworthiness in the special category referred to in Part B of Schedule 3 is in force, unless the CAA gives a direction to the contrary in a particular case.

    (6) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg and which is a private aircraft if it flies in the circumstances specified in paragraph (7).

    (7) The circumstances referred to in paragraph (6) are—

    (8) A certificate of release to service issued under this Order shall not be required to be in force in respect of an aircraft to which this article applies if there is in force a certificate of release to service issued in accordance with paragraph 21A.163(d) of Part 21.

    (9) Neither—

shall be installed or placed on board for use in an aircraft to which this article applies after being overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued under this Order.

    (10) A certificate of release to service issued under this Order shall—

    (11) A certificate of release to service issued under this Order may be issued only by—

    (12) In this article, the expression "repair" includes in relation to a compass the adjustment and compensation thereof and the expression "repaired" shall be construed accordingly.

Requirement for a certificate of release to service under Part 145
    
17. An EASA aircraft to which Part 145 applies shall not fly when a certificate of release to service is required by or under Part 145 unless such a certificate is in force.

Licensing of maintenance engineers
    
18. —(1) The CAA shall grant an aircraft maintenance engineer's licence, subject to such conditions as it thinks fit, upon being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence and skill in aeronautical engineering, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the CAA may require of him.

    (2) An aircraft maintenance engineer's licence shall authorise the holder, subject to such conditions as may be specified in the licence, to issue—

    (3) A licence shall, subject to article 92, remain in force for the period specified therein, not exceeding 5 years, but may be renewed by the CAA from time to time upon being satisfied that the applicant is a fit person and is qualified as aforesaid.

    (4) The CAA may issue a certificate rendering valid for the purposes of this Order any licence as an aircraft maintenance engineer granted under the law of any country other than the United Kingdom.

    (5) An aircraft maintenance engineer's licence granted under this article shall not be valid unless it bears the ordinary signature of the holder in ink or indelible pencil; provided that if the licence is annexed to an aircraft maintenance licence issued under Part 66 it shall be sufficient if that Part 66 licence bears such a signature.

    (6) Without prejudice to any other provision of this Order the CAA may, for the purposes of this article—

    (7) The holder of an aircraft maintenance engineer's licence granted under paragraph (1) or of an aircraft maintenance licence granted under Part 66 shall not exercise the privileges of such a licence if he knows or suspects that his physical or mental condition renders him unfit to exercise such privileges.

    (8) The holder of an aircraft maintenance engineer's licence granted under paragraph (1) or of an aircraft maintenance licence granted under Part 66 shall not, when exercising the privileges of such a licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.

Equipment of aircraft
     19. —(1) An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made, in accordance with this Order and any regulations made thereunder.

    (2) In the case of any aircraft registered in the United Kingdom the equipment required to be provided (in addition to any other equipment required by or under this Order) shall—

    (3) In any particular case the CAA may direct that an aircraft registered in the United Kingdom shall carry such additional or special equipment or supplies as it may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft.

    (4) The equipment carried in compliance with this article shall be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended.

    (5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft.

    (6) In every public transport aircraft registered in the United Kingdom there shall be provided individually for each passenger or, if the CAA so permits in writing, exhibited in a prominent position in every passenger compartment, a notice which complies with paragraph (7).

    (7) A notice complies with this paragraph if it—

    (8) All equipment installed or carried in an aircraft, whether or not in compliance with this article, shall be so installed or stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.

    (9) Without prejudice to paragraph (2), all navigational equipment capable of establishing the aircraft's position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting upon it when carried in an aircraft registered in the United Kingdom (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by EASA or the CAA either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.

    (10) This article shall not apply in relation to radio communication and radio navigation equipment except any specified in Schedule 4.

Radio equipment of aircraft
    
20. —(1) An aircraft shall not fly unless it is so equipped with radio communication and radio navigation equipment as to comply with the law of the country in which the aircraft is registered or the State of the operator and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order and any regulations made thereunder.

    (2) Without prejudice to paragraph (1), the aircraft shall be equipped with radio communication and radio navigation equipment in accordance with Schedule 5.

    (3) In any particular case the CAA may direct that an aircraft registered in the United Kingdom shall carry such additional or special radio communication or radio navigation equipment as it may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.

    (4) Subject to such exceptions as may be prescribed, the radio communication and radio navigation equipment provided in compliance with this article in an aircraft registered in the United Kingdom shall always be maintained in serviceable condition.

    (5) All radio communication and radio navigation equipment installed in an aircraft registered in the United Kingdom or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any regulations made thereunder) shall—

    (6) Neither the equipment referred to in paragraph (5) nor the manner in which it is installed shall be modified except with the approval of EASA in the case of an EASA aircraft or the CAA in the case of a non-EASA aircraft.

Minimum equipment requirements
    
21. —(1) The CAA may grant in respect of any aircraft or class of aircraft registered in the United Kingdom a permission permitting such aircraft to commence a flight in specified circumstances notwithstanding that any specified item of equipment required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.

    (2) An aircraft registered in the United Kingdom shall not commence a flight if any of the equipment required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use unless—

Aircraft, engine and propeller log books
    
22. —(1) In addition to any other log books required by or under this Order, the following log books shall be kept in respect of aircraft registered in the United Kingdom—

    (2) The log books shall include the particulars respectively specified in Schedule 6 and in the case of an aircraft having a maximum total weight authorised not exceeding 2,730 kg shall be of a type approved by the CAA.

    (3) Each entry in the log book—

    (4) Any document which is incorporated by reference in a log book shall be deemed, for the purposes of this Order, to be part of the log book.

    (5) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept to keep them or cause them to be kept in accordance with the foregoing provisions of this article.

    (6) Subject to article 91 every log book shall be preserved by the operator of the aircraft for a period of at least 2 years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use.

Aircraft weight schedule
     23. —(1) Every flying machine and glider in respect of which a certificate of airworthiness issued by the CAA or rendered valid under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the CAA may require or approve in the case of that aircraft.

    (2) Upon the aircraft being weighed the operator of the aircraft shall prepare a weight schedule showing—

    (3) Subject to article 91 the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this article.

Access and inspection for airworthiness purposes
    
24. The CAA may cause such inspections, investigations, tests, experiments and flight trials to be made as it deems necessary for the purposes of this Part of this Order or for the purposes of Part 21, Part 145 or Part M and any person authorised to do so in writing by the CAA may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory.



PART 4

Aircraft Crew and Licensing

Composition of crew of aircraft
    
25. —(1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.

    (2) An aircraft registered in the United Kingdom—

    (3) A flying machine registered in the United Kingdom and flying for the purpose of public transport having a maximum total weight authorised exceeding 5,700 kg shall carry at least two pilots as members of the flight crew.

    (4) Subject to paragraph (6) an aeroplane registered in the United Kingdom shall carry at least two pilots as members of its flight crew if it—

    (5) For the purposes of paragraph (4)(d) an aeroplane comes with this paragraph if it has—

    (6) An aeroplane—

    (7) Subject to paragraph (8), a helicopter registered in the United Kingdom shall carry at least two pilots as members of its flight crew if it—

    (8) A helicopter described in paragraph (7) shall not be required to carry two pilots if it—

    (9) An aircraft registered in the United Kingdom engaged on a flight for the purpose of public transport shall carry—

    (10) flight navigator carried in compliance with paragraph (9) shall be carried in addition to any person who is carried in accordance with this article to perform other duties.

    (11) An aircraft registered in the United Kingdom which is required by article 20 to be equipped with radio communications apparatus shall carry a flight radiotelephony operator as a member of the flight crew.

    (12) Paragraphs (13) and (14) apply to any flight for the purpose of public transport by an aircraft registered in the United Kingdom which has a maximum approved passenger seating configuration of more than 19 and on which at least one passenger is carried.

    (13) The crew of an aircraft on a flight to which this paragraph applies shall include cabin crew carried for the purposes of performing in the interests of the safety of passengers, duties to be assigned by the operator or the commander of the aircraft but who shall not act as members of the flight crew.

    (14) On a flight to which this paragraph applies—

    (15) The CAA may in the interests of safety direct the operator of any aircraft registered in the United Kingdom that all or any aircraft operated by him when flying in circumstances specified in the direction shall carry, in addition to the crew required to be carried therein by the foregoing provisions of this article, such additional persons as members of the flight crew or the cabin crew as it may specify in the direction.

Members of flight crew—requirement for licence
    
26. —(1) Subject to the provisions of this article, a person shall not act as a member of the flight crew of an aircraft registered in the United Kingdom unless he is the holder of an appropriate licence granted or rendered valid under this Order.

    (2) A person may within the United Kingdom, the Channel Islands, and the Isle of Man without being the holder of such a licence—

    (3) Subject as aforesaid, a person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered in a country other than the United Kingdom unless—

    (4) For the purposes of this Part of this Order—

    (5) Notwithstanding paragraph (1), a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in the United Kingdom for the purpose of undergoing training or tests for the grant or renewal of a pilot's licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the conditions specified in paragraph (6) are complied with.

    (6) The conditions referred to in paragraph (5) are—

    (7) Notwithstanding paragraph (1), a person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the United Kingdom for the purposes of undergoing training or tests for the grant or renewal of a flight navigator's or a flight engineer's licence or for the inclusion, renewal or extension of a rating therein, without being the holder of an appropriate licence, if he acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

    (8) Notwithstanding paragraph (1), a person may act as a member of the flight crew of an aircraft registered in the United Kingdom without being the holder of an appropriate licence if, in so doing, he is acting in the course of his duty as a member of any of Her Majesty's naval, military or air forces.

    (9) An appropriate licence for the purposes of this article means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.

    (10) This article shall not require a licence to be held by a person by reason of his acting as a member of the flight crew of a glider unless—

    (11) Notwithstanding anything in this article—

Grant, renewal and effect of flight crew licences
    
27. —(1) Subject to paragraph (2), the CAA shall grant licences, subject to such conditions as it thinks fit, of any of the classes specified in Part A of Schedule 8 authorising the holder to act as a member of the flight crew of an aircraft registered in the United Kingdom, upon being satisfied that the applicant is—

and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) and undertake such courses of training as the CAA may require of him.

    (2) The CAA shall not grant—

    (3) A licence granted under this article—

    (4) Subject to paragraph (5), the CAA may include in a licence a rating or qualification, subject to such conditions as it thinks fit, of any of the classes specified in Part B of Schedule 8, upon being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating or qualification relates, and such rating or qualification shall be deemed to form part of the licence.

    (5) The CAA shall not—

    (6) Nothing in this Order shall oblige the CAA to accept an application for the issue of a National Private Pilot's Licence (Aeroplanes) when the application is not supported by such reports from such persons as the CAA may approve (either generally or in a particular case or class of cases).

    (7) Subject to any conditions of the licence including those specified in Part A of Schedule 8 and to any other provisions of this Order, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Section 1 of Part A of the said Schedule under the heading "Privileges" or Section 2 or Section 3 of Part A of the said Schedule under the heading "Privileges and conditions", and a rating or qualification of any class shall entitle the holder of the licence in which such a rating or qualification is included to perform the functions specified in respect of that rating or qualification in Part B of the said Schedule.

Maintenance of privileges of aircraft ratings in United Kingdom licences for which there are no JAR-FCL equivalents except for Basic Commercial Pilot's Licences and Flight Engineer's Licences
    
28. —(1) This article applies to any United Kingdom licence for which there is no JAR-FCL equivalent other than a United Kingdom Basic Commercial Pilot's Licence and a United Kingdom Flight Engineer's Licence.

    (2) Subject to paragraphs (3) and (4), the holder of a pilot's licence to which this article applies shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of test or a valid certificate of experience in respect of the rating, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Section 1 of Part C of Schedule 8 and shall otherwise comply with that Section.

    (3) The holder of a Private Pilot's Licence (Balloons and Airships) to which this article applies shall be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight when the licence does not bear a certificate referred to in paragraph (2).

    (4) The holder of a Microlight Licence, an SLMG Licence or a United Kingdom Private Pilot's Licence (Gyroplanes) shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the certificate of test or certificate of experience required by paragraph (2) is included in the personal flying log book required to be kept by him under article 35.

    (5) The holder of a flight navigator's licence to which this article applies shall not be entitled to perform functions on a flight to which article 25(9) applies unless the licence bears a valid certificate of experience which certificate shall be appropriate to the functions he is to perform on that flight in accordance with Section 1 of Part C of the said Schedule and shall otherwise comply with that Part.

Maintenance of privileges of aircraft ratings in JAR-FCL licences, United Kingdom licences for which there are JAR-FCL equivalents, United Kingdom Basic Commercial Pilot's Licences and United Kingdom Flight Engineer's Licences
    
29. —(1) This article applies to—

    (2) The holder of a pilot's licence to which this article applies shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless—

    (3) The holder of a United Kingdom Flight Engineer's Licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of revalidation in respect of the rating.

Maintenance of privileges of aircraft ratings in National Private Pilot's Licences
    
30. —(1) The holder of a National Private Pilot's Licence (Aeroplanes) shall not be entitled to exercise the privileges of a simple single engine aeroplane (NPPL) class rating contained in the licence on a flight unless the rating is valid in accordance with Section 3 of Part C of Schedule 8.

    (2) The holder of a National Private Pilot's Licence (Aeroplanes) shall not be entitled to exercise the privileges of an SLMG class rating or a Microlight class rating contained in the licence on a flight unless the licence includes a valid certificate of test or a valid certificate of experience in respect of the rating, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Section 1 of Part C of Schedule 8 and shall otherwise comply with that Section.

Maintenance of privileges of other ratings
    
31. —(1) A person shall not be entitled to perform the functions to which a flying instructor's rating (gyroplanes), an assistant flying instructor's rating (gyroplanes) or an instrument meteorological conditions rating (aeroplanes) relates unless his licence bears a valid certificate of test, which certificate shall be appropriate to the functions to which the rating relates in accordance with Section 1 of Part C of Schedule 8 and shall otherwise comply with that Part.

    (2) A person shall not be entitled to perform the functions to which an instrument rating or an instructor's rating (other than a flying instructor's rating (gyroplanes) or an assistant flying instructor's rating (gyroplanes)) relates unless his licence bears a valid certificate of revalidation in respect of the rating.

Medical requirements
    
32. —(1) The holder of a licence granted under article 27, other than a Flight Radiotelephony Operator's Licence, shall not be entitled to perform any of the functions to which his licence relates unless it includes an appropriate valid medical certificate issued under paragraph (3).

    (2) Every applicant for or holder of a licence granted under article 27 shall upon such occasions as the CAA may require submit himself to medical examination by a person approved by the CAA, either generally or in a particular case or class of cases, who shall make a report to the CAA in such form as the CAA may require.

    (3) On the basis of such medical examination, the CAA or any person approved by it as competent to do so may issue a medical certificate subject to such conditions as it or he thinks fit to the effect that it or he has assessed the holder of the licence as meeting the requirements specified in respect of the certificate and the certificate shall, without prejudice to paragraph (6), be valid for such period as is therein specified and shall be deemed to form part of the licence.

    (4) A person shall not be entitled to act as a member of the flight crew of an aircraft registered in the United Kingdom if he knows or suspects that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.

    (5) Every holder of a medical certificate issued under this article who—

shall inform the CAA in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 21 days has expired in the case of illness.

    (6) The medical certificate shall be deemed to be suspended upon the occurrence of such injury or the expiry of such period of illness or the confirmation of the pregnancy; and—

Miscellaneous licensing provisions
    
33. —(1) A person who, on the last occasion when he took a test for the purposes of article 28, 29, 30 or 31 failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it.

    (2) Nothing in this Order shall prohibit the holder of a pilot's licence from acting as pilot of an aircraft certificated for single pilot operation when, with the permission of the CAA, he is testing any person for the purposes of articles 27(1), 27(4), 28(2), 29(2) or 31, notwithstanding that—

    (3) Without prejudice to any other provision of this Order the CAA may, for the purpose of this Part of this Order—

Validation of licences
    
34. —(1) Subject to paragraphs (2) and (6), the CAA may issue a certificate of validation rendering valid for the purposes of this Order any flight crew licence granted under the law of any country other than the United Kingdom.

    (2) In accordance with Council Directive 91/670 EEC[
7] on mutual acceptance of personnel licences for the exercise of functions in civil aviation as it has effect in accordance with the EEA Agreement[8] as amended by the Decision of the EEA Joint Committee No. 7/94 of 21st March 1994[9], the CAA shall, subject to paragraphs (4) and (5), issue a certificate of validation rendering valid a relevant licence granted under the law of an EEA State.

    (3) For the purposes of this article, a relevant licence is one based on requirements equivalent to those for the equivalent licence granted by the CAA under article 27.

    (4) The CAA—

    (5) If after the examination of a licence the CAA has reasonable doubts as to the equivalence of that licence—

    (6) In accordance with the said Council Directive, the CAA shall issue a certificate of validation rendering valid any licence issued in accordance with the requirements of Annex 1 to the Chicago Convention if the bearer satisfies the special validation requirements laid down in the annex to the said Council Directive.

Personal flying log book
     35. —(1) Every member of the flight crew of an aircraft registered in the United Kingdom and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under this Order shall keep a personal flying log book in which the following particulars shall be recorded—

    (2) Particulars of each flight during which the holder of the log book acted either as a member of the flight crew of an aircraft or for the purpose of qualifying for the grant or renewal of a licence under this Order, as the case may be, shall be recorded in the log book at the end of each flight or as soon thereafter as is reasonably practicable, including—

    (3) For the purposes of this article, a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.

    (4) Particulars of any test or examination undertaken whilst in a flight simulator shall be recorded in the log book, including—

Instruction in flying
    
36. —(1) A person shall not give any instruction in flying to which this article applies unless—

    (2) This article applies to instruction in flying given to any person flying or about to fly a flying machine or glider for the purpose of becoming qualified for—

Glider pilot—minimum age
    
37. A person under the age of 16 years shall not act as pilot in command of a glider.



PART 5

Operation of Aircraft

Operations manual
    
38. —(1) This article—

    (2) The operator of every aircraft to which this article applies shall—

    (3) An operations manual—

    (4) An aircraft to which this article applies shall not fly unless, at least 30 days prior to such flight, the operator of the aircraft has furnished to the CAA a copy of the whole of the operations manual for the time being in effect in respect of the aircraft.

    (5) Subject to paragraph (6), any amendments or additions to the operations manual shall be furnished to the CAA by the operator before or immediately after they come into effect.

    (6) Where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the CAA.

    (7) Without prejudice to paragraphs (4) and (5), the operator shall make such amendments or additions to the operations manual as the CAA may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.

    (8) If in the course of a flight on which the equipment specified in Scale O in paragraph 6 of Schedule 4 is required to be provided the said equipment becomes unserviceable, the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the operations manual.

Police operations manual
    
39. —(1) This article shall apply to aircraft flying, or intended by the operator of the aircraft to fly solely under and in accordance with the terms of a police air operator's certificate.

    (2) An aircraft to which this article applies shall not fly except under and in accordance with the terms of Part I and Part II of a police operations manual, Part I of which shall have been approved in respect of the aircraft by the CAA.

    (3) The operator of every aircraft to which this article applies shall—

    (4) Each police operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such.

    (5) An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the CAA a copy of Part II of the police operations manual for the time being in effect in respect of the aircraft.

    (6) Subject to paragraph (7), any amendments or additions to Part II of the police operations manual shall be furnished to the CAA by the operator before or immediately after they come into effect.

    (7) Where an amendment or addition relates to the operation of an aircraft to which the police operations manual did not previously relate, that aircraft shall not fly in the service of a police authority under and in accordance with the terms of a police operator's certificate until the amendment or addition has been furnished to the CAA.

    (8) Without prejudice to paragraph (5), the operator shall make such amendments or additions to the police operations manual as the CAA may require for the purpose of ensuring the safety of the aircraft, or of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

Training manual
    
40. —(1) Subject to paragraph (2), the operator of every aircraft registered in the United Kingdom and flying for the purpose of public transport shall—

    (2) This article shall not apply to aircraft flying, or intended by the operator of the aircraft to fly solely under and in accordance with the terms of a police air operator's certificate.

    (3) Each training manual shall contain all such information and instructions as may be necessary to enable a person appointed by the operator to give or to supervise the training, experience, practice and periodical tests required under article 42(3) to perform his duties as such including in particular information and instructions relating to the matters specified in Part B of Schedule 9.

    (4) An aircraft to which this article applies shall not fly unless not less than 30 days prior to such flight the operator of the aircraft has furnished to the CAA a copy of the whole of his training manual relating to the crew of that aircraft.

    (5) Subject to paragraph (6), any amendments or additions to the training manual shall be furnished to the CAA by the operator before or immediately after they come into effect.

    (6) Where an amendment or addition relates to training, experience, practice or periodical tests on an aircraft to which the training manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the CAA.

    (7) Without prejudice to paragraphs (4) and (5), the operator shall make such amendments or additions to the training manual as the CAA may require for the purpose of ensuring the safety of the aircraft, or of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

Flight data monitoring, accident prevention and flight safety programme
    
41. —(1) The operator of an aircraft registered in the United Kingdom flying for the purpose of public transport shall establish and maintain an accident prevention and flight safety programme.

    (2) The operator of an aeroplane registered in the United Kingdom with a maximum total weight authorised of more than 27,000 kg flying for the purpose of public transport shall include a flight data monitoring programme as part of its accident prevention and flight safety programme.

    (3) The sole objective of an accident prevention and flight safety programme shall be the prevention of accidents and incidents and each programme shall be designed and managed to meet that objective.

    (4) It shall not be the purpose of an accident prevention and flight safety programme to apportion blame or liability.

Public transport—operator's responsibilities
    
42. —(1) The operator of an aircraft registered in the United Kingdom shall not permit the aircraft to fly for the purpose of public transport without first—

    (2) Without prejudice to any conditions imposed under article 6, the operator of an aircraft shall not be required for the purposes of this article to satisfy himself as to the adequacy of fire-fighting, search, rescue or other services which are required only after the occurrence of an accident.

    (3) The operator of an aircraft registered in the United Kingdom shall not permit any person to be a member of the crew during any flight for the purpose of public transport (except a flight for the sole purpose of training persons to perform duties in aircraft) unless—

    (4) The operator shall maintain, preserve, produce and furnish information respecting records relating to the matters specified in paragraph (3) in accordance with Part C of Schedule 9.

    (5) The operator of an aircraft registered in the United Kingdom shall not permit any member of the flight crew, during any flight for the purpose of the public transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.

Loading—public transport aircraft and suspended loads
    
43. —(1) The operator of an aircraft registered in the United Kingdom shall not cause or permit it to be loaded for a flight for the purpose of public transport, or any load to be suspended therefrom, except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that—

    (2) Subject to paragraph (3), the instructions shall indicate the weight of the aircraft prepared for service, that is to say the aggregate of the weight of the aircraft (shown in the weight schedule referred to in article 23) and the weight of such additional items in or on the aircraft as the operator thinks fit to include; and the instructions shall indicate the additional items included in the weight of the aircraft prepared for service, and show the position of the centre of gravity of the aircraft at that weight.

    (3) Paragraph (2) shall not apply in relation to a flight if—

    (4) The operator of an aircraft registered in the United Kingdom shall not cause or permit it to be loaded for a flight for the purpose of public transport in contravention of the instructions referred to in paragraph (1).

    (5) Subject to paragraphs (6) and (7), the person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the prescribed requirements, and shall (unless he is himself the commander of the aircraft) submit the load sheet for examination by the commander of the aircraft who shall sign his name thereon.

    (6) The requirements of paragraph (5) shall not apply if—

    (7) The requirements of paragraph (5) shall not apply if paragraph (2) does not apply in relation to the flight.

    (8) Subject to paragraph (9), one copy of the load sheet shall be carried in the aircraft when article 86 so requires until the flights to which it relates have been completed and one copy of that load sheet and of the instructions referred to in this article shall be preserved by the operator until the expiration of a period of six months thereafter and shall not be carried in the aircraft.

    (9) In the case of an aeroplane of which the maximum total weight authorised does not exceed 2,730 kg, or a helicopter, if it is not reasonably practicable for the copy of the load sheet to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a container approved by the CAA for that purpose.

    (10) The operator of an aircraft registered in the United Kingdom and flying for the purpose of the public transport of passengers shall not cause or permit baggage to be carried in the passenger compartment of the aircraft unless—

Public transport—aeroplanes—operating conditions and performance requirements
    
44. —(1) Subject to paragraph (4) an aeroplane registered in the United Kingdom and flying for the purpose of public transport shall comply with subpart F of Section 1 of JAR-OPS 1.

    (2) The assessment of the ability of an aeroplane to comply with paragraph (1) shall be based on the information as to its performance approved by the state of design and contained in the flight manual for the aeroplane.

    (3) In the event of the approved information in the flight manual being insufficient for that purpose such assessment shall be based on additional data acceptable to the CAA.

    (4) An aeroplane need not comply with paragraph (1) if it is flying under and in accordance with a permission granted to the operator by the CAA under paragraph (5).

    (5) The CAA may grant in respect of any aeroplane a permission authorising it to comply with the applicable provisions of Schedule 2 to the Air Navigation (General) Regulations 2005[
10].

    (6) The applicable provisions for an aeroplane in respect of which such a permission has been granted shall be those provisions of the said Schedule applicable to an aeroplane of the performance group specified in the permission.

    (7) An aeroplane registered in the United Kingdom flying under and in accordance with a permission granted by the CAA under paragraph (5) when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aeroplane—

to reach a place at which it can safely land at a height sufficient to enable it to do so.

    (8) Without prejudice to paragraph (7), an aeroplane flying under and in accordance with a permission granted by the CAA under paragraph (5) in respect of which either that permission or the certificate of airworthiness of the aeroplane designates the aeroplane as being of performance group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore, unless the aeroplane has more than 2 power units.

    (9) For the purposes of paragraph (8), flying time shall be calculated at normal cruising speed with one power unit inoperative.

Public transport—helicopters—operating conditions and performance requirements
     45. —(1) A helicopter registered in the United Kingdom shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in a helicopter unless such requirements as may be prescribed in respect of its weight and related performance and flight in specified meteorological conditions or at night are complied with.

    (2) The assessment of the ability of a helicopter to comply with paragraph (1) shall be based on the information as to its performance approved by the state of design and contained in the flight manual for the helicopter.

    (3) In the event of the approved information in the flight manual being insufficient for that purpose such assessment shall be based on additional data acceptable to the CAA.

    (4) A helicopter registered in the United Kingdom when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the helicopter—

to reach a place at which it can safely land at a height sufficient to enable it to do so.

    (5) Without prejudice to paragraph (4), a helicopter carrying out Performance Class 3 operations—

    (6) For the purposes of paragraph (5) flying time shall be calculated on the assumption that a helicopter is flying in still air at the speed specified in the flight manual for the helicopter as the speed for compliance with regulations governing flights over water.

    (7) Without prejudice to paragraph (4), a helicopter carrying out Performance Class 1 or Performance Class 2 operations—

    (8) Notwithstanding paragraph (1), a helicopter specified in its flight manual as being in either Group A or Category A may fly for the purpose of public transport in accordance with the weight and related performance requirements prescribed for helicopters carrying out—

    (9) For the purposes of this article—

Public transport operations at night or in Instrument Meteorological Conditions by aeroplanes with one power unit which are registered elsewhere than in the United Kingdom
     46. An aeroplane which is registered elsewhere than in the United Kingdom and is powered by one power unit only shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure or forecast for the estimated time of landing at the aerodrome at which it is intended to land or at any alternate aerodrome are less than 1,000 feet and 1 nautical mile respectively.

Public transport aircraft registered in the United Kingdom—aerodrome operating minima
    
47. —(1) This article shall apply to public transport aircraft registered in the United Kingdom.

    (2) Subject to paragraph (3), the operator of every aircraft to which this article applies shall establish and include in the operations manual or the police operations manual relating to the aircraft the particulars (in this sub-article called "the said particulars") of the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome.

    (3) In relation to any flight where—

the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished in writing to the commander of the aircraft the said particulars calculated in accordance with the required data and instructions provided in accordance with paragraph (4) or (5) and the operator shall cause a copy of the said particulars to be retained outside the aircraft for at least three months after the flight.

    (4) The operator of every aircraft to which this article applies for which an operations manual or a police operations manual is required by this Order, shall include in that operations manual such data and instructions (in this article called "the required data and instructions") as will enable the commander of the aircraft to calculate the aerodrome operating minima appropriate to aerodromes the use of which cannot reasonably have been foreseen by the operator prior to the commencement of the flight.

    (5) The operator of every aircraft to which this article applies for which neither an operations manual nor a police operations manual is required by this Order shall, prior to the commencement of the flight, cause to be furnished in writing to the commander of the aircraft the required data and instructions; and the operator shall cause a copy of the required data and instructions to be retained outside the aircraft for at least three months after the flight.

    (6) The specified aerodrome operating minima shall not permit a landing or take-off in circumstances where the relevant aerodrome operating minima declared by the competent authority would prohibit it, unless that authority otherwise permits in writing.

    (7) In establishing aerodrome operating minima for the purposes of this article the operator of the aircraft shall take into account the following matters—

and shall establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which can reasonably be expected.

    (8) An aircraft to which this article applies shall not commence a flight at a time when—

    (9) An aircraft to which article 38 applies, when making a descent to an aerodrome, shall not descend from a height of 1,000 feet or more above the aerodrome to a height less than 1,000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

    (10) An aircraft to which this article applies, when making a descent to an aerodrome, shall not—

unless in either case from such height the specified visual reference for landing is established and is maintained.

    (11) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air Regulations 1996[
12] to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.

    (12) In this article "specified" in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or furnished in writing to the commander of the aircraft by the operator in accordance with paragraph (3).

Public transport aircraft registered elsewhere than in the United Kingdom—aerodrome operating minima
     48. —(1) This article shall apply to public transport aircraft registered elsewhere than in the United Kingdom.

    (2) An aircraft to which this article applies shall not fly in or over the United Kingdom unless the operator has made available to the flight crew, aerodrome operating minima which comply with paragraph (3) in respect of every aerodrome at which it is intended to land or take off and every alternate aerodrome.

    (3) The aerodrome operating minima provided in accordance with paragraph (2) shall be no less restrictive than either—

whichever are the more restrictive.

    (4) An aircraft to which this article applies shall not:

otherwise than under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.

    (5) An aircraft to which this article applies shall not take off from or land at an aerodrome in the United Kingdom in contravention of the specified aerodrome operating minima.

    (6) Without prejudice to paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome, shall not descend from a height of 1,000 feet or more above the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

    (7) Without prejudice to paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome, shall not—

unless in either case from such height the specified visual reference for landing is established and is maintained.

    (8) In this article—

Non-public transport aircraft—aerodrome operating minima
    
49. —(1) This article shall apply to any aircraft which is not a public transport aircraft.

    (2) An aircraft to which this article applies shall not—

otherwise than under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.

    (3) In the case of an aircraft registered in the United Kingdom, the approval referred to in paragraph (2) shall be issued by the CAA.

    (4) Without prejudice to paragraph (2), an aircraft to which this article applies when making a descent at an aerodrome to a runway in respect of which there is a notified instrument approach procedure shall not descend from a height of 1,000 feet or more above the aerodrome to a height less than 1,000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.

    (5) Without prejudice to paragraph (2), an aircraft to which this article applies when making a descent to a runway in respect of which there is a notified instrument approach procedure shall not—

unless in either case from such height the specified visual reference for landing is established and is maintained.

    (6) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air Regulations 1996[
13] to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.

    (7) In this article "specified" in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been notified in respect of the aerodrome or if the relevant minima have not been notified such minima as are ascertainable by reference to the notified method for calculating aerodrome operating minima.

    (8) In this article Category II, Category IIIA and Category IIIB approach and landing have the same meaning as in article 48(8).

Pilots to remain at controls
     50. —(1) The commander of a flying machine or glider registered in the United Kingdom shall cause one pilot to remain at the controls at all times while it is in flight.

    (2) If the flying machine or glider is required by or under this Order to carry two pilots, the commander shall cause both pilots to remain at the controls during take-off and landing.

    (3) If the flying machine or glider carries two or more pilots (whether or not it is required to do so) and is engaged on a flight for the purpose of the public transport of passengers, the commander shall remain at the controls during take-off and landing.

    (4) Each pilot at the controls shall be secured in his seat by either a safety belt with or without one diagonal shoulder strap, or a safety harness except that during take-off and landing a safety harness shall be worn if it is required by article 19 and Schedule 4 to be provided.

Wearing of survival suits by crew
    
51. —(1) Subject to paragraph (2), each member of the crew of an aircraft registered in the United Kingdom shall wear a survival suit if such a suit is required by article 19 and Schedule 4 to be carried.

    (2) This article shall not apply to any member of the crew of such an aircraft flying under and in accordance with the terms of a police air operator's certificate.

Pre-flight action by commander of aircraft
    
52. The commander of an aircraft registered in the United Kingdom shall take all reasonable steps to satisfy himself before the aircraft takes off—

Passenger briefing by commander
     53. —(1) Subject to paragraph (2), the commander of an aircraft registered in the United Kingdom shall take all reasonable steps to ensure—

    (2) This article shall not apply to the commander of an aircraft registered in the United Kingdom in relation to a flight under and in accordance with the terms of a police air operator's certificate.

Public transport of passengers—additional duties of commander
    
54. —(1) This article applies to flights for the purpose of the public transport of passengers by aircraft registered in the United Kingdom other than flights under and in accordance with the terms of a police air operator's certificate.

    (2) In the case of an aircraft which is not a seaplane, on a flight to which this article applies on which it is intended to reach a point more than 30 minutes flying time (while flying in still air at the speed specified in the relevant certificate of airworthiness or flight manual as the speed for compliance with regulations governing flights over water) from the nearest land, the commander shall, subject to paragraph (9), take all reasonable steps to ensure that before take-off all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers.

    (3) In the case of an aircraft which is not a seaplane but is required by article 25(13) to carry cabin crew, the commander shall, subject to paragraph (9), take all reasonable steps to ensure that, before the aircraft takes off on a flight to which this article applies on which—

all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers.

    (4) In the case of an aircraft which is a seaplane, the commander shall take all reasonable steps to ensure that before the aircraft takes off on a flight to which this article applies all passengers are given a demonstration of the method of use of the the lifejackets required by or under this Order for the use of passengers.

    (5) Before the aircraft takes off on a flight to which this article applies, and before it lands, the commander shall take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and that any persons carried in compliance with article 25(13) and (14) are properly secured in seats which shall be in a passenger compartment and which shall be so situated that those persons can readily assist passengers.

    (6) From the moment when, after the embarkation of its passengers for the purpose of taking off on a flight to which this article applies, it first moves until after it has taken off, and before it lands until it comes to rest for the purpose of the disembarkation of its passengers, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary the commander shall take all reasonable steps to ensure that—

    (7) In the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1st January 1989 except in a case where a pressure greater than 700 hectopascals is maintained in all passenger and crew compartments throughout the flight, the commander shall take all reasonable steps to ensure that on a flight to which this article applies—

    (8) In the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) prior to 1st January 1989, except in the case where a pressure greater than 700 hectopascals is maintained in all passenger and crew compartments throughout the flight, the commander shall take all reasonable steps to ensure that on a flight to which this article applies—

provided that he may comply instead with paragraph (7).

    (9) Where the only requirement to give a demonstration required by paragraph (2) or (3) arises because it is reasonably possible that the aircraft would be forced to land onto water at one or more of the likely alternate destinations the demonstration need not be given until after the decision has been taken to divert to such a destination.

Operation of radio in aircraft
    
55. —(1) A radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered or the State of the operator and by a person duly licensed or otherwise permitted to operate the radio station under that law.

    (2) Subject to paragraph (3), whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft.

    (3) The radio watch—

    (4) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communication or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he may be instructed by the appropriate air traffic control unit or as may be notified in relation to any notified airspace in which the aircraft is flying.

    (5) The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows—

    (6) In any flying machine registered in the United Kingdom which is engaged on a flight for the purpose of public transport the pilot and the flight engineer (if any) shall not make use of a hand-held microphone (whether for the purpose of radio communication or of intercommunication within the aircraft) whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing.

Minimum navigation performance
    
56. —(1) An aircraft registered in the United Kingdom shall not fly in North Atlantic Minimum Navigation Performance Specification airspace unless it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability.

    (2) The equipment required by paragraph (1) shall—

Height keeping performance—aircraft registered in the United Kingdom
    
57. —(1) Unless otherwise authorised by the appropriate air traffic control unit, an aircraft registered in the United Kingdom shall not fly in reduced vertical separation minimum airspace notified for the purpose of this article, unless it is equipped with height keeping systems which enable the aircraft to maintain the prescribed height keeping performance capability.

    (2) The equipment required by paragraph (1) shall—

Height keeping performance—aircraft registered elsewhere than in the United Kingdom
    
58. Unless otherwise authorised by the appropriate air traffic control unit an aircraft registered elsewhere than in the United Kingdom shall not fly in United Kingdom reduced vertical separation minimum airspace unless—

Area navigation and required navigation performance capabilities—aircraft registered in the United Kingdom
    
59. —(1) Subject to paragraph (3) an aircraft registered in the United Kingdom shall not fly in designated required navigation performance airspace unless it is equipped with area navigation equipment which enables the aircraft to maintain the navigation performance capability specified in respect of that airspace.

    (2) The equipment required by paragraph (1) shall—

    (3) An aircraft need not comply with the requirements of paragraph (1) and (2) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

Area navigation and required navigation performance capabilities—aircraft registered elsewhere than in the United Kingdom
    
60. —(1) An aircraft registered elsewhere than in the United Kingdom shall not fly in designated required navigation performance airspace in the United Kingdom unless it is equipped with area navigation equipment so as to comply with the law of the country in which the aircraft is registered in so far as that law requires it to be so equipped when flying within designated required navigation performance airspace.

    (2) Subject to paragraph (3), the said navigation equipment shall be capable of being operated so as to enable the aircraft to maintain the navigation performance capability notified in respect of the airspace in which the aircraft is flying, and shall be so operated.

    (3) An aircraft need not comply with the requirements of paragraph (2) where the flight has been authorised by the appropriate United Kingdom air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

Use of airborne collision avoidance system
    
61. On any flight on which an airborne collision avoidance system is required by article 20 and Schedule 5 to be carried in an aeroplane, the system shall be operated—

Use of flight recording systems and preservation of records
    
62. —(1) On any flight on which a flight data recorder, a cockpit voice recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 5(4), (5), (6) or (7) of Schedule 4 to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of the landing run.

    (2) The operator of the aeroplane shall at all times, subject to article 91, preserve—

and shall preserve such records for such period as the CAA may in a particular case direct.

    (3) On any flight on which a cockpit voice recorder, a flight data recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 5(16) of Schedule 4 to be carried in a helicopter, it shall always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped.

    (4) The operator of the helicopter shall at all times, subject to article 91, preserve—

    (5) The additional recording retained under sub-paragraphs (b)(ii)(aa) and (bb) of paragraph (4) shall, together with the recording required to be retained under sub-paragraph (b)(ii) of paragraph (4), total a period of 8 hours and shall be retained in accordance with arrangements approved by the CAA.

Towing of gliders
    
63. —(1) An aircraft in flight shall not tow a glider unless the flight manual for the towing aircraft includes an express provision that it may be used for that purpose.

    (2) The length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 metres.

    (3) The commander of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off—

    (4) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.

Operation of self-sustaining gliders
    
64. A self-sustaining glider shall not take off under its own power.

Towing, picking up and raising of persons and articles
    
65. —(1) Subject to the provisions of this article, an aircraft in flight shall not, by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless there is a certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered and that certificate or the flight manual for the aircraft includes an express provision that it may be used for that purpose.

    (2) An aircraft shall not launch or pick up tow ropes, banners or similar articles other than at an aerodrome.

    (3) An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than one nautical mile.

    (4) The length of the combination of towing aircraft, tow rope, and article in tow, shall not exceed 150 metres.

    (5) A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when any article, person or animal is suspended from the helicopter.

    (6) A passenger shall not be carried in a helicopter at any time when an article, person or animal is suspended therefrom, other than a passenger who has duties to perform in connection with the article, person or animal or a passenger who has been picked up or raised by means external to the helicopter or a passenger who it is intended shall be lowered to the surface by such means.

    (7) Nothing in this article shall—

Dropping of articles and animals
    
66. —(1) Articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.

    (2) Subject to paragraph (3), except under and in accordance with the terms of an aerial application certificate granted under article 68, articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft flying over the United Kingdom.

    (3) Paragraph (2) shall not apply to the dropping of articles by, or with the authority of, the commander of the aircraft in any of the following circumstances—

    (4) For the purposes of this article "dropping" includes projecting and lowering.

    (5) Nothing in this article shall prohibit the lowering of any article or animal from a helicopter to the surface, if there is a certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered and that certificate or the flight manual for the helicopter includes an express provision that it may be used for that purpose.

Dropping of persons and grant of parachuting permissions
    
67. —(1) A person shall not drop, be dropped or be permitted to drop to the surface or jump from an aircraft flying over the United Kingdom except under and in accordance with the terms of either a police air operator's certificate or a parachuting permission granted by the CAA under this article.

    (2) For the purposes of this article "dropping" includes projecting and lowering.

    (3) Notwithstanding the grant of a police air operator's certificate or a parachuting permission, a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.

    (4) An aircraft shall not be used for the purpose of dropping persons unless—

    (5) Every applicant for and every holder of a parachuting permission shall make available to the CAA if requested to do so a parachuting manual and shall make such amendments or additions to such manual as the CAA may require.

    (6) The holder of a parachuting permission shall make the manual available to every employee or person who is or may engage in parachuting activities conducted by him.

    (7) The manual shall contain all such information and instructions as may be necessary to enable such employees or persons to perform their duties.

    (8) Nothing in this article shall apply to the descent of persons by parachute from an aircraft in an emergency.

    (9) Nothing in this article shall prohibit the lowering of any person in an emergency or for the purpose of saving life.

    (10) Nothing in this article shall prohibit the lowering of any person from a helicopter to the surface if there is a certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered and that certificate or the flight manual for the helicopter includes an express provision that it may be used for that purpose.

Grant of aerial application certificates
    
68. —(1) An aircraft shall not be used for the dropping of articles for the purposes of agriculture, horticulture or forestry or for training for the dropping of articles for any of such purposes, otherwise than under and in accordance with the terms of an aerial application certificate granted to the operator of the aircraft under paragraph (2).

    (2) The CAA—

    (3) Every applicant for and holder of an aerial application certificate shall make available to the CAA upon application and to every member of his operating staff upon the certificate being granted, an aerial application manual.

    (4) The manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such.

    (5) The holder of an aerial application certificate shall make such amendments or additions to the manual as the CAA may require.

Carriage of weapons and of munitions of war
    
69. —(1) Subject to paragraph (6), an aircraft shall not carry any munition of war unless—

    (2) In the case of an aircraft which is flying under and in accordance with the terms of a police air operator's certificate the commander of the aircraft shall be informed of the matters referred to in sub-paragraph (1)(b) but he need not be so informed in writing.

    (3) Subject to paragraph (5), it shall be unlawful for an aircraft to carry any sporting weapon or munition of war in any compartment or apparatus to which passengers have access.

    (4) Subject to paragraph (5), it shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any sporting weapon or munition of war unless—

    (5) Paragraphs (3) and (4) shall not apply to or in relation to an aircraft which is flying under and in accordance with the terms of a police air operator's certificate.

    (6) Nothing in this article shall apply to any sporting weapon or munition of war taken or carried on board an aircraft registered in a country other than the United Kingdom if the sporting weapon or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

    (7) For the purposes of this article—

Carriage of dangerous goods
    
70. —(1) Without prejudice to any other provisions of this Order, the Secretary of State may make regulations prescribing—

    (2) It shall be an offence to contravene or permit the contravention of or fail to comply with any regulations made hereunder.

    (3) The provisions of this article and of any regulations made thereunder shall be additional to and not in derogation from article 69.

Method of carriage of persons
    
71. —(1) A person shall not—

    (2) A person may have temporary access to—

    (3) This article shall not apply to a passenger in a helicopter flying under and in accordance with a police air operator's certificate who is disembarking in accordance with a procedure contained in the police operations manual for the helicopter.

Exits and break-in markings
    
72. —(1) This article shall apply to every public transport aeroplane or helicopter registered in the United Kingdom.

    (2) Whenever an aeroplane or helicopter to which this article applies is carrying passengers, every exit therefrom and every internal door in the aeroplane or helicopter shall be in working order, and, subject to paragraph (3), during take-off and landing and during any emergency, every such exit and door shall be kept free of obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers.

    (3) In the case of—

    (4) Every exit from the aeroplane or helicopter shall be marked with the words "Exit" or "Emergency Exit" in capital letters, which shall be red in colour and if necessary shall be outlined in white to contrast with the background.

    (5) Every exit from the aeroplane or helicopter shall be marked with instructions in English and with diagrams to indicate the correct method of opening the exit, which shall be red in colour and located on a background which provides adequate contrast.

    (6) The markings required by paragraph (5) shall be placed on or near the inside surface of the door or other closure of the exit and, if it is openable from the outside of the aeroplane or helicopter, on or near the exterior surface.

    (7) An operator of an aeroplane or helicopter shall ensure that if areas of the fuselage suitable for break-in by rescue crews in emergency are marked on aeroplanes and helicopters, such areas shall be marked upon the exterior surface of the fuselage with markings to show the areas which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aeroplane or helicopter.

    (8) The markings required by paragraph (7) shall—

    (9) The markings required by this article shall—

    (10) Subject to compliance with paragraph (11), if one, but not more than one, exit from an aeroplane or helicopter becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this article shall prevent that aeroplane or helicopter from carrying passengers until it next lands at a place where the exit can be repaired or replaced.

    (11) On any flight on which this paragraph must be complied with—

Endangering safety of an aircraft
    
73. A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein.

Endangering safety of any person or property
    
74. A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property.

Drunkenness in aircraft
    
75. —(1) A person shall not enter any aircraft when drunk, or be drunk in any aircraft.

    (2) A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act.

Smoking in aircraft
    
76. —(1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in the United Kingdom so as to be visible from each passenger seat therein.

    (2) A person shall not smoke in any compartment of an aircraft registered in the United Kingdom at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.

Authority of commander of an aircraft
    
77. Every person in an aircraft shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

Acting in a disruptive manner
    
78. No person shall while in an aircraft—

Stowaways
    
79. A person shall not secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander or of any other person entitled to give consent to his being carried in the aircraft.

Flying displays
    
80. —(1) No person shall act as the organiser of a flying display (in this article referred to as "the flying display director") unless he has obtained the permission of the CAA under paragraph (5) for that flying display.

    (2) The commander of an aircraft who is—

    (3) No person shall act as pilot of an aircraft participating in a flying display unless he holds an appropriate pilot display authorisation and he complies with any conditions subject to which the authorisation may have been given.

    (4) The flying display director shall not permit any person to act as pilot of an aircraft which participates in a flying display unless such person holds an appropriate pilot display authorisation.

    (5) The CAA—

    (6) The CAA shall, for the purposes of this article—

    (7) A pilot display authorisation granted in accordance with this article shall, subject to article 92, remain in force for the period indicated in the pilot display authorisation.

    (8) Subject to paragraph (9), for the purposes of this article, an appropriate pilot display authorisation shall mean an authorisation which is valid and appropriate to the intended flight and which has been either—

    (9) A pilot display authorisation granted by the competent authority of a JAA Full Member State shall not be an appropriate pilot display authorisation for the purposes of this article if the CAA has given a direction to that effect.

    (10) A direction may be issued under paragraph (9) either in respect of a particular authorisation, a specified category of authorisations or generally.

    (11) Paragraph (1) shall not apply to either—

    (12) The flying display director shall not permit any military aircraft to participate in a flying display unless he complies with any conditions specified in respect of military aircraft subject to which permission for the flying display may have been granted.

    (13) Nothing in this article shall apply to an aircraft race or contest or to an aircraft taking part in such a race or contest or to the commander or pilot whether or not such race or contest is held in association with a flying display.



PART 6

Fatigue of Crew and Protection of Crew from Cosmic Radiation

Application and interpretation of Part 6
    
81. —(1) Subject to paragraph (2), articles 82 and 83 shall apply to any aircraft registered in the United Kingdom which is either—

    (2) Articles 82 and 83 shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or flying school, or a person who is not an air transport undertaking.

    (3) For the purposes of this Part—

Fatigue of crew—operator's responsibilities
    
82. —(1) The operator of an aircraft to which this article applies shall not cause or permit that aircraft to make a flight unless—

    (2) The operator of an aircraft to which this article applies shall not cause or permit any person to fly therein as a member of its crew if he knows or has reason to believe that the person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue while he is so flying as may endanger the safety of the aircraft or of its occupants.

    (3) The operator of an aircraft to which this article applies shall not cause or permit any person to fly therein as a member of its flight crew unless the operator has in his possession an accurate and up-to-date record in respect of that person and in respect of the 28 days immediately preceding the flight showing—

    (4) The record referred to in paragraph (3) shall, subject to article 91, be preserved by the operator of the aircraft until a date 12 months after the flight referred to in that paragraph.

Fatigue of crew—responsibilities of crew
    
83. —(1) A person shall not act as a member of the crew of an aircraft to which this article applies if he knows or suspects that he is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants.

    (2) A person shall not act as a member of the flight crew of an aircraft to which this article applies unless he has ensured that the operator of the aircraft is aware of his flight times during the period of 28 days preceding the flight.

Flight times—responsibilities of flight crew
    
84. —(1) Subject to paragraph (2), a person shall not act as a member of the flight crew of an aircraft registered in the United Kingdom if at the beginning of the flight the aggregate of all his previous flight times—

    (2) This article shall not apply to a flight which is—

Protection of air crew from cosmic radiation
    
85. —(1) A relevant undertaking shall take appropriate measures to—

    (2) A relevant undertaking shall ensure that in relation to a pregnant air crew member, the conditions of exposure to cosmic radiation when she is in flight are such that the equivalent dose to the foetus will be as low as reasonably achievable and is unlikely to exceed 1 milliSievert during the remainder of the pregnancy.

    (3) Nothing in paragraph (2) shall require the undertaking concerned to take any action in relation to an air crew member until she has notified the undertaking in writing that she is pregnant.

    (4) The definition in article 155 of "crew" shall not apply for the purposes of this article.

    (5) In this article and in article 87—

    (6) In this article—



PART 7

Documents and Records

Documents to be carried
    
86. —(1) An aircraft shall not fly unless it carries the documents which it is required to carry under the law of the country in which it is registered.

    (2) Subject to paragraph (3), an aircraft registered in the United Kingdom shall, when in flight, carry documents in accordance with Schedule 10.

    (3) If 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, the documents may be kept at that aerodrome instead of being carried in the aircraft.

Keeping and production of records of exposure to cosmic radiation
    
87. —(1) A relevant undertaking shall keep a record for the period and in the manner prescribed of the exposure to cosmic radiation of air crew assessed under article 85 and the names of the air crew concerned.

    (2) A relevant undertaking shall, within a reasonable period after being requested to do so by an authorised person, cause to be produced to that person the record required to be kept under paragraph (1).

    (3) A relevant undertaking shall, within a reasonable period after being requested to do so by a person in respect of whom a record is required to be kept under paragraph (1), supply a copy of that record to that person.

Production of documents and records
    
88. —(1) The commander of an aircraft shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person—

    (2) The operator of an aircraft registered in the United Kingdom shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents or records as have been requested by that person being documents or records which are required, by or under this Order, to be in force or to be carried, preserved or made available—

    (3) The holder of a licence granted or rendered valid under this Order or of a medical certificate required under article 26(2)(b)(ii) shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person his licence, including any certificate of validation.

    (4) Every person required by article 35 to keep a personal flying log book shall cause it to be produced within a reasonable time to an authorised person after being requested to do so by him within a period of 2 years beginning with the date of the last entry.

Production of air traffic service equipment documents and records
    
89. The holder of an approval under article 124 or 125 shall within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person any documents and records relating to any air traffic service equipment used or intended to be used in connection with the provision of a service to an aircraft.

Power to inspect and copy documents and records
    
90. An authorised person shall have the power to inspect and copy any certificate, licence, log book, document or record which he has the power under this Order or any regulations made thereunder to require to be produced to him.

Preservation of documents, etc.
    
91. —(1) Subject to paragraphs (2), (3), (4) and (5), a person required by this Order to preserve any document or record by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his personal representative.

    (2) If another person becomes the operator of the aircraft, the first-mentioned operator or his personal representative shall deliver to that person upon demand the certificates of maintenance
review and release to service, the log books and the weight schedule and any record made by a flight data recorder and preserved in accordance with article 62(2) and (4) which are in force or required to be preserved in respect of that aircraft.

    (3) If an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person the first-mentioned operator or his personal representative shall deliver to that person upon demand the log book relating to that engine or propeller.

    (4) If any person in respect of whom a record has been kept by the first-mentioned operator in accordance with article 82(4) becomes a member of the flight crew of a public transport aircraft registered in the United Kingdom and operated by another person the first-mentioned operator or his personal representative shall deliver those records to that other person upon demand.

    (5) It shall be the duty of the other person referred to in paragraphs (2), (3) and (4) to deal with the document or record delivered to him as if he were the first-mentioned operator.

Revocation, suspension and variation of certificates, licences and other documents
     92. —(1) Subject to paragraphs (5) and (6), the CAA may, if it thinks fit, provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under this Order, pending inquiry into or consideration of the case.

    (2) The CAA may, on sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.

    (3) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the CAA within a reasonable time after being required to do so by the CAA.

    (4) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a licence issued in respect of an aerodrome, has been granted or issued or which has effect under this Order shall, in the absence of provision to the contrary in the document, render the document invalid during the continuance of the breach.

    (5) The provisions of article 93 shall have effect, in place of the provisions of this article, in relation to permits to which that article applies.

    (6) Notwithstanding paragraph (1), a flight manual, performance schedule or other document incorporated by reference in a certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the CAA, whether or not after due inquiry.

Revocation, suspension and variation of permissions, etc. granted under article 138 or article 140
    
93. —(1) Subject to the provisions of this article, the Secretary of State may revoke, suspend or vary any permit to which this article applies.

    (2) Save as provided by paragraph (3), the Secretary of State may exercise his powers under paragraph (1) only after notifying the permit-holder of his intention to do so and after due consideration of the case.

    (3) If, by reason of the urgency of the matter, it appears to the Secretary of State to be necessary for him to do so, he may provisionally suspend or vary a permit to which this article applies without complying with the requirements of paragraph (2); but he shall in any such case comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either—

    (4) The powers vested in the Secretary of State by paragraph (1) or paragraph (3) may be exercised by him whenever, in his judgement and whether or not by reason of anything done or omitted to be done by the permit-holder or otherwise connected with the permit-holder, it is necessary or expedient that the permit-holder should not enjoy, or should no longer enjoy, the rights conferred on him by a permit to which this article applies or should enjoy them subject to such limitations or qualifications as the Secretary of State may determine.

    (5) In particular, and without prejudice to the generality of the foregoing, the Secretary of State may exercise his said powers if it appears to him that—

    (6) The permit-holder or any person having the possession or custody of any permit which has been revoked, suspended or varied under this article shall surrender it to the Secretary of State within a reasonable time of being required by him to do so.

    (7) The breach of any condition subject to which any permit to which this article applies has been granted shall render the permit invalid during the continuance of the breach.

    (8) The permits to which this article applies are permissions granted by the Secretary of State under article 138 or article 140 and any approvals or authorisations of, or consents to, any matter which the Secretary of State has granted, or is deemed to have granted, in pursuance of a permission which he has so granted.

    (9) References in this article to the "permit-holder" are references to the person to whom any permit to which this article applies has been granted or is deemed to have been granted.

Offences in relation to documents and records
     94. —(1) A person shall not with intent to deceive—

and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy.

    (2) A person shall not intentionally damage, alter or render illegible any log book or other record required by or under this Order or by or under Part 21, 66, 145, 147 or M to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under this Order to be preserved.

    (3) All entries made in writing in any log book or record referred to in paragraph (2) shall be made in ink or indelible pencil.

    (4) A person shall not knowingly make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet.

    (5) A person shall not purport to issue any certificate for the purposes of this Order, of any regulations made thereunder or of Part 21, 66, 145, 147 or M unless he is authorised to do so under this Order or Part 21, 66, 145, 147 or M as the case may be.

    (6) A person shall not issue any such certificate as aforesaid unless he has satisfied himself that all statements in the certificate are correct.



PART 8

Movement of Aircraft

Rules of the Air
    
95. —(1) Without prejudice to any other provision of this Order, the Secretary of State may make regulations (in this article called the "Rules of the Air") prescribing—

    (2) Subject to paragraph (3), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air.

    (3) It shall be lawful for the Rules of the Air to be departed from to the extent necessary—

    (4) If any departure from the Rules of the Air is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the CAA.

    (5) Nothing in the Rules of the Air shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.

Power to prohibit or restrict flying
    
96. —(1) Where the Secretary of State deems it necessary in the public interest to restrict or prohibit flying by reason of—

the Secretary of State may make regulations prohibiting, restricting or imposing conditions on flights by aircraft specified in paragraph (2) flying in the circumstances specified in paragraph (2).

    (2) The aircraft and circumstances referred to in paragraph (1) are—

    (3) Regulations made under this article may apply either generally or in relation to any class of aircraft.

    (4) It shall be an offence to contravene or permit the contravention of or fail to comply with any regulations made hereunder.

    (5) If the commander of an aircraft becomes aware that the aircraft is flying in contravention of any regulations which have been made for any of the reasons referred to in paragraph (1)(c) he shall, unless otherwise instructed under paragraph (6), cause the aircraft to leave the area to which the regulations relate by flying to the least possible extent over such area and the aircraft shall not begin to descend while over such an area.

    (6) The commander of an aircraft flying either within an area for which regulations have been made for any of the reasons referred to in paragraph (1)(c) or within airspace notified as a Danger Area shall forthwith comply with instructions given by radio by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.

Balloons, kites, airships, gliders and parascending parachutes
    
97. —(1) The provisions of this article shall apply only to or in relation to aircraft within the United Kingdom.

    (2) A balloon in captive or tethered flight shall not be flown within 60 metres of any vessel, vehicle or structure except with the permission of the person in charge of any such vessel, vehicle or structure.

    (3) Without the permission of the CAA—

    (4) An uncontrollable balloon in captive or released flight shall not be flown in airspace notified for the purposes of this paragraph without the permission of the CAA.

    (5) A controllable balloon shall not be flown in free controlled flight—

except during the day and in visual meteorological conditions.

    (6) A controllable balloon shall not be flown in tethered flight—

except with the permission of the appropriate air traffic control unit.

    (7) A balloon when in captive flight shall be securely moored and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.

    (8) An airship with a capacity exceeding 3,000 cubic metres shall not be moored other than on a notified aerodrome except with the permission of the CAA.

    (9) An airship with a capacity not exceeding 3,000 cubic metres, unless it is moored on a notified aerodrome, shall not be moored—

except with the permission of the CAA.

    (10) An airship when moored in the open shall be securely moored and shall not be left unattended.

    (11) A person shall not cause or permit—

    (12) For the purposes of this article—

Regulation of small aircraft
    
98. —(1) A person shall not cause or permit any article or animal (whether or not attached to a parachute) to be dropped from a small aircraft so as to endanger persons or property.

    (2) The person in charge of a small aircraft which weighs more than 7 kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight shall not fly such an aircraft—

Regulation of rockets
    
99. —(1) Subject to paragraph (2), this article applies to—

    (2) This article shall not apply to—

    (3) No person shall launch a small rocket to which this article applies unless the condition in paragraph (4), and any of the conditions in paragraph (5) which are applicable, are satisfied.

    (4) The condition first mentioned in paragraph (3) is that he has reasonably satisfied himself that—

    (5) The conditions mentioned secondly in paragraph (3) are that—

    (6) No person shall launch a large rocket unless he does so under and in accordance with a permission granted by the CAA.



PART 9

Air Traffic Services

Requirement for an air traffic control approval
    
100. —(1) No person in charge of the provision of an air traffic control service shall provide such a service in respect of United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has, in pursuance of international arrangements, undertaken to provide air navigation services otherwise than under and in accordance with the terms of an air traffic control approval granted to him by the CAA.

    (2) The CAA shall grant an air traffic control approval if it is satisfied that the applicant is competent, having regard to his organisation, staffing, equipment, maintenance and other arrangements, to provide a service which is safe for use by aircraft.

Duty of person in charge to satisfy himself as to competence of controllers
    
101. The holder of an approval under article 100 shall not permit any person to act as an air traffic controller or a student air traffic controller in the provision of the service under the approval unless—

Manual of air traffic services
    
102. A person shall not provide an air traffic control service at any place unless—

Provision of air traffic services
    
103. In the case of an aerodrome (other than a Government aerodrome) in respect of which there is equipment for providing aid for holding, aid for let-down or aid for an approach to landing by radio or radar, the person in charge of the aerodrome shall—

Making of an air traffic direction in the interests of safety
    
104. —(1) The CAA may, in the interests of safety, direct the person in charge of an aerodrome that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such an air traffic control service, a flight information service or a means of two way radio communication as the CAA considers appropriate.

    (2) The CAA may, in the interests of safety, direct the holder of a licence to provide air traffic services granted under Part I of the Transport Act 2000[
17] that there shall be provided, in respect of United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has in pursuance of international arrangements undertaken to provide air navigation services, otherwise than in respect of an aerodrome, such an air traffic control service, a flight information service or a means of two way radio communication as the CAA considers appropriate.

    (3) The CAA may specify in a direction made under this article the periods during which, the times at which, the manner in which and the airspace within which such service or such means shall be provided.

    (4) The person who has been directed shall cause such a service or means to be provided in accordance with the direction.

    (5) A provisional air traffic direction—

Making of a direction for airspace policy purposes
     105. —(1) After consultation with the Secretary of State the CAA may direct in accordance with paragraphs (2) and (3) any person in charge of the provision of air traffic services to provide air traffic services in respect of United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has undertaken in pursuance of international arrangements to provide air traffic services.

    (2) A direction under paragraph (1) may be made—

    (3) The CAA may specify in a direction under paragraph (1) the air traffic services and the standard to which they are to be provided and the periods during which, the times at which, the manner in which, and the airspace within which such services shall be provided.

    (4) The person who has been directed shall cause such a service to be provided in accordance with the direction.

Use of radio call signs at aerodromes
    
106. The person in charge of an aerodrome provided with means of two-way radio communication shall not cause or permit any call sign to be used for a purpose other than a purpose for which that call sign has been notified.



PART 10

Licensing of Air Traffic Controllers

Prohibition of unlicensed air traffic controllers and student air traffic controllers
    
107. —(1) Subject to paragraphs (3) and (4), a person shall not act as an air traffic controller or hold himself out, whether by use of a radio call sign or in any other way, as a person who may so act unless he is the holder of, and complies with the privileges and conditions of—

    (2) A person shall not act as an air traffic controller unless he has identified himself in such a manner as may be notified.

    (3) A licence shall not be required by any person who, acting in the course of his employment, passes on such instructions or advice as he has been instructed so to do by the holder of an air traffic controller's licence which entitles that holder to give such instructions or advice.

    (4) A licence shall not be required by any person who acts in the course of his duty as a member of any of Her Majesty's naval, military or air forces or a visiting force.

Grant and renewal of air traffic controller's and student air traffic controller's licences
    
108. —(1) Subject to the provisions of this article the CAA shall grant licences, subject to any conditions it thinks fit, of either of the classes specified in Part A of Schedule 11, authorising the holder to act as an air traffic controller or a student air traffic controller in the United Kingdom.

    (2) Before granting such a licence the CAA must be satisfied that the applicant is—

    (3) Such a licence—

    (4) The CAA may include in an air traffic controller's licence, subject to such conditions as it thinks fit, any of the ratings and endorsements specified in Part B of Schedule 11, upon its being satisfied that the applicant is qualified as specified in paragraph (2)(b) to act in the capacity to which the rating or endorsement relates, and such rating or endorsement shall be deemed to form part of the licence.

    (5) The holder of an air traffic controller's or a student air traffic controller's licence shall, upon such occasions as the CAA may require, submit himself for such examinations, assessments and tests (including medical examinations) and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training, as the CAA may require.

Privileges of an air traffic controller's licence and a student air traffic controller's licence
    
109. —(1) Subject to article 110 and to any conditions of the licence granted under article 108 an air traffic controller's licence shall entitle the holder to—

    (2) Subject to article 110 and to any conditions of the licence granted under article 108 a student air traffic controller's licence shall entitle the holder to exercise the privileges specified in paragraph 2(3) of Part A of Schedule 11.

Maintenance of validity of ratings and endorsements
    
110. —(1) The holder of an air traffic controller's licence shall not be entitled to exercise the privileges of a rating or endorsement contained in the licence unless the licence includes a current unit licence endorsement specifying that the rating or endorsement is valid for—

    (2) A unit licence endorsement may be entered in a licence either by the CAA or by the holder of an air traffic controller's licence which includes an examiner licence endorsement.

Obligation to notify rating ceasing to be valid and change of unit
    
111. —(1) Subject to paragraph (2), when a rating ceases to be valid for a sector or operational position the holder of the licence shall forthwith inform the person who is approved under article 100 to provide an air traffic control service for that sector or operational position to that effect.

    (2) When a rating ceases to be valid for a sector or operational position and is not valid for any other sector or operational position the holder shall notify the CAA and forward the licence to the CAA or a person approved by the CAA for the purpose who shall endorse the licence accordingly and return it to the holder.

    (3) Whenever a person ceases to act as an air traffic controller at a particular unit he shall notify the CAA and forward the licence to the CAA or a person approved by the CAA for the purpose who shall endorse the licence accordingly and return it to the holder.

Requirement for medical certificate
    
112. —(1) On the basis of a medical examination referred to in article 108(2)(b) and (5), the CAA or any person approved by it as competent to do so may issue a medical certificate subject to such conditions as it or he thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates.

    (2) The certificate shall be deemed to form part of the licence.

    (3) The holder of an air traffic controller's licence shall not act as an air traffic controller, unless his licence includes a medical certificate issued and in force under paragraph (1).

    (4) The holder of a student air traffic controller's licence shall not act as a student air traffic controller unless his licence includes a medical certificate issued and in force under paragraph (1).

Appropriate licence
    
113. An air traffic controller's licence shall not be an appropriate licence for the purposes of this Part of the Order unless it includes valid ratings, endorsements and certificates which authorise the holder to provide, at the aerodrome or place, the type of air traffic control service for the sector on which or the operational position at which it is being provided and with the type of surveillance equipment being used (if any).

Incapacity of air traffic controllers
    
114. —(1) Every holder of an air traffic controller's licence granted under article 108 who—

shall inform the CAA in writing of such injury, illness or pregnancy as soon as possible.

    (2) An air traffic controller's medical certificate shall cease to be in force on the expiry of the period of injury or illness referred to in paragraph (1)(a) and shall come into force again (provided it has not expired)—

Fatigue of air traffic controllers—air traffic controllers' responsibilities
    
115. A person shall not act as an air traffic controller if he knows or suspects that he is suffering from or, having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of any aircraft to which an air traffic control service may be provided.

Prohibition of acting under the influence of drink or a drug
    
116. A person shall not act as an air traffic controller or a student air traffic controller whilst under the influence of drink or a drug to such an extent as to impair his capacity to act as such.

Failing exams
    
117. A person who, on the last occasion when he was examined, assessed or tested for the purposes of this Part, failed that examination, assessment or test shall not be entitled to act in the capacity for which that examination, assessment or test would have qualified him had he passed it.

Use of simulators
    
118. No part of any examination, assessment or test undertaken for the purposes of this Part or Schedule 11 or any training which has been approved under article 119 shall be undertaken in a simulator unless that simulator has been approved by the CAA.

Approval of courses, persons and simulators
    
119. Without prejudice to any other provision of this Order the CAA may, for the purposes of this Part—

Acting as an air traffic controller and a student air traffic controller
    
120. For the purposes of this Part and Schedule 11—



PART 11

Flight Information Services and Licensing of Flight Information Service Officers

Prohibition of unlicensed flight information service officers
    
121. —(1) A person shall not act as a flight information service officer at any aerodrome or area control centre or hold himself out, whether by use of a radio call sign or in any other way, as a person who may so act unless he is the holder of and complies with the terms of a flight information service officer's licence granted under this Order authorising him to act as such at that aerodrome or area control centre.

    (2) A person shall not act as a flight information service officer unless he has identified himself in such a manner as may be notified.

    (3) For the purposes of this Part and Schedule 11 "acting as a flight information service officer" shall mean giving a flight information service.

Licensing of flight information service officers
    
122. —(1) The CAA shall grant a licence subject to such conditions as it thinks fit to any person aged 18 years or more to act as a flight information service officer upon its being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill and physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests and undertake such courses of training as the CAA may require of him.

    (2) A licence to act as a flight information service officer—

    (3) A flight information service officer's licence shall not authorise the giving of a flight information service at an aerodrome or area control centre unless that aerodrome or area control centre has been specified in the licence by a person authorised by the CAA for the purpose and the licence has been validated in respect of that aerodrome or area control centre by a person authorised for the purpose by the CAA.

    (4) If, throughout any period of 90 days the holder of the licence has not at any time given such a service at a particular aerodrome or area control centre, the licence shall cease to be valid for that aerodrome or area control centre at the end of that period until the licence has been revalidated in respect of that aerodrome or area control centre by a person authorised by the CAA for the purpose.

    (5) A licence to act as a flight information service officer shall not be valid unless the holder of the licence has signed his name thereon in ink or indelible pencil with his ordinary signature.

    (6) Every holder of a flight information service officer's licence shall upon such occasions as the CAA may require, submit himself to such examinations and tests and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training as the CAA may require.

Flight information service manual
    
123. A person shall not provide a flight information service at any aerodrome or area control centre unless—



PART 12

Air Traffic Service Equipment

Air traffic service equipment
    
124. —(1) A person shall not cause or permit any air traffic service equipment to be established or used in the United Kingdom otherwise than under and in accordance with an approval granted by the CAA to the person in charge of the equipment.

    (2) An approval shall be granted under paragraph (1) upon the CAA being satisfied—

    (3) The person in charge of an aeronautical radio station at an aerodrome for which a licence for public use has been granted shall cause to be notified in relation to that aeronautical radio station the type and availability of operation of any service which is available for use by any aircraft.

    (4) An approval granted under paragraph (1) may include a condition requiring a person in charge of an aeronautical radio station at any other aerodrome or place to cause the information specified in paragraph (3) to be notified.

    (5) An approval granted under paragraph (1) may in addition to any other conditions which may be imposed include a condition requiring the person in charge of the equipment to use a person approved by the CAA under paragraph (6) for the provision of particular services in connection with the equipment and in particular but without limitation may include a condition requiring that the equipment be flight checked by such an approved person.

    (6) The CAA may approve a person to provide particular services in connection with approved equipment.

    (7) For the purpose of paragraphs (1) and (6) an approval may be granted in respect of one or more than one person or generally.

    (8) The provisions of this article shall not apply in respect of any air traffic service equipment of which the person solely in charge is the Secretary of State.

Air traffic service equipment records
    
125. —(1) The person in charge of any air traffic service equipment and any associated apparatus required under paragraph (2) or (3) shall keep in respect of such equipment or apparatus records in accordance with Part A of Schedule 12, and shall preserve such records for a period of one year or such longer period as the CAA may in a particular case direct.

    (2) The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service by an air traffic control unit shall provide recording apparatus in accordance with paragraph (4).

    (3) The CAA may direct the person in charge of any other air traffic service equipment to provide recording apparatus in accordance with paragraph (4).

    (4) The person in charge of the air traffic service equipment in respect of which recording apparatus is required to be provided under paragraph (2) or (3) shall, subject to paragraph (7)—

    (5) The CAA may in considering whether or not to grant an approval, without limitation, have regard to the matters specified in Part C of Schedule 12.

    (6) An approval may be granted—

    (7) If any apparatus provided in compliance with paragraph (2) or (3) ceases to be capable of recording the matters required by this article to be included in the records, the person required to provide that apparatus shall ensure that, so far as practicable, a record is kept which complies with Part B of Schedule 12 and on which the particulars specified therein are recorded together with, in the case of apparatus provided in compliance with paragraph (2), a summary of voice communications exchanged between the aeronautical radio station and any aircraft.

    (8) If any apparatus provided in compliance with paragraph (2) or (3) becomes unserviceable, the person in charge of the air traffic service equipment shall ensure that the apparatus is rendered serviceable again as soon as reasonably practicable.

    (9) The person in charge of any air traffic service equipment shall preserve any record made in compliance with paragraph (4) or (7) for a period of 30 days from the date on which the terms or content of the message or signal were recorded or for such longer period as the CAA may in a particular case direct.

    (10) Subject to paragraph (11), a person required by this article to preserve any record by reason of his being the person in charge of the air traffic service equipment shall, if he ceases to be such a person, continue to preserve the record as if he had not ceased to be such a person, and in the event of his death the duty to preserve the record shall fall upon his personal representative.

    (11) If another person becomes the person in charge of the air traffic service equipment the previous person in charge or his personal representative shall deliver the record to that other person on demand, and it shall be the duty of that other person to deal with any such record delivered to him as if he were the previous person in charge.

    (12) The person in charge of any air traffic service equipment shall within a reasonable time after being requested to do so by an authorised person produce any record required to be preserved under this article to that authorised person.

    (13) The provisions of this article shall not apply in respect of any air traffic service equipment of which the person solely in charge is the Secretary of State.



PART 13

Aerodromes, Aeronautical Lights and Dangerous Lights

Aerodromes—public transport of passengers and instruction in flying
    
126. —(1) An aircraft to which this paragraph applies shall not take off or land at a place in the United Kingdom other than—

and in accordance with any conditions subject to which the aerodrome may have been licensed or notified, or subject to which such permission may have been given.

    (2) Subject to paragraph (4), paragraph (1) applies to—

    (3) Subject to paragraph (4)—

    (4) Paragraph (1) shall not apply to or in relation to an aircraft flying under and in accordance with the terms of a police air operator's certificate.

Use of Government aerodromes
    
127. With the concurrence of the Secretary of State, the CAA may cause to be notified subject to such conditions as it thinks fit, any Government aerodrome as an aerodrome available for the take-off and landing of aircraft engaged on flights for the purpose of the public transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft.

Licensing of aerodromes
    
128. —(1) The CAA shall grant a licence in respect of any aerodrome in the United Kingdom if it is satisfied that—

    (2) If the applicant so requests or if the CAA considers that an aerodrome should be available for the take-off or landing of aircraft to all persons on equal terms and conditions, it may grant a licence (in this Order referred to as "a licence for public use") which in addition to any other conditions which it may impose shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.

    (3) The holder of an aerodrome licence granted under this Order (in this article called "an aerodrome licence holder") shall—

    (4) An aerodrome licence holder shall not contravene or cause or permit to be contravened any condition of the aerodrome licence at any time in relation to an aircraft flying on a flight specified in article 126(2), but the licence shall not cease to be valid by reason only of such a contravention.

    (5) An aerodrome licence holder shall take all reasonable steps to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.

    (6) Upon making an application for an aerodrome licence the applicant shall submit to the CAA an aerodrome manual for that aerodrome.

    (7) An aerodrome manual required under this article shall contain all such information and instructions as may be necessary to enable the aerodrome operating staff to perform their duties as such including, in particular, information and instructions relating to the matters specified in Schedule 13.

    (8) Every aerodrome licence holder shall—

    (9) Every aerodrome licence holder shall make available to each member of the aerodrome operating staff a copy of the aerodrome manual, or a copy of every part of the aerodrome manual which is relevant to his duties and shall ensure that each such copy is kept up to date.

    (10) Every aerodrome licence holder shall take all reasonable steps to secure that each member of the aerodrome operating staff—

    (11) For the purposes of this article—

Charges at aerodromes licensed for public use
     129. The licensee of any aerodrome in respect of which a licence for public use has been granted shall, when required by the Secretary of State, furnish to the Secretary of State such particulars as he may require of the charges established by the licensee for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.

Use of aerodromes by aircraft of Contracting States and of the Commonwealth
    
130. The person in charge of any aerodrome in the United Kingdom which is open to public use by aircraft registered in the United Kingdom (whether or not the aerodrome is a licensed aerodrome) shall cause the aerodrome and all of its air navigation facilities to be available for use by aircraft registered in other Contracting States or in any part of the Commonwealth on the same terms and conditions as for use by aircraft registered in the United Kingdom.

Noise and vibration caused by aircraft on aerodromes
    
131. —(1) The Secretary of State may prescribe the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft.

    (2) Section 77(2) of the Civil Aviation Act 1982 shall apply to any aerodrome in relation to which the Secretary of State has prescribed conditions in accordance with paragraph (1).

Aeronautical lights
    
132. —(1) Except with the permission of the CAA and in accordance with any conditions subject to which the permission may be granted, a person shall not establish, maintain or alter the character of—

    (2) In the case of an aeronautical beacon which is or may be visible from the waters within an area of a general lighthouse authority, the CAA shall not give its permission for the purpose of this article except with the consent of that authority.

    (3) A person shall not intentionally or negligently damage or interfere with any aeronautical ground light established by or with the permission of the CAA.

Lighting of en-route obstacles
    
133. —(1) For the purposes of this article, an "en-route obstacle" means any building, structure or erection which is 150 metres or more above ground level, but it does not include a building, structure or erection—

    (2) The person in charge of an en-route obstacle shall ensure that it is fitted with medium intensity steady red lights positioned as close as possible to the top of the obstacle and at intermediate levels spaced so far as practicable equally between the top lights and ground level with an interval not exceeding 52 metres.

    (3) Subject to paragraph (4), the person in charge of an en-route obstacle shall ensure that, by night, the lights required to be fitted by this article shall be displayed.

    (4) In the event of the failure of any light which is required by this article to be displayed by night the person in charge shall repair or replace the light as soon as is reasonably practicable.

    (5) At each level on the obstacle where lights are required to be fitted, sufficient lights shall be fitted and arranged so as to show when displayed in all directions.

    (6) In any particular case the CAA may direct that an en-route obstacle shall be fitted with and shall display such additional lights in such positions and at such times as it may specify.

    (7) This article shall not apply to any en-route obstacle in respect of which the CAA has granted a permission for the purposes of this article to the person in charge.

    (8) A permission may be granted for the purposes of this article in respect of a particular case or class of cases or generally.

Lighting of wind turbine generators in United Kingdom territorial waters
    
134. —(1) This article shall apply to any wind turbine generator which is situated in waters within or adjacent to the United Kingdom up to the seaward limits of the territorial sea and the height of which is 60 metres or more above the level of the sea at the highest astronomical tide.

    (2) Subject to paragraph (3) the person in charge of a wind turbine generator to which this article applies shall ensure that it is fitted with at least one medium intensity steady red light positioned as close as reasonably practicable to the top of the fixed structure.

    (3) Where four or more wind turbine generators to which this article applies are located together in the same group, with the permission of the CAA only those on the periphery of the group need be fitted with a light in accordance with paragraph (2).

    (4) The light or lights required by paragraph (2) shall, subject to paragraph (5), be so fitted as to show when displayed in all directions without interruption.

    (5) When displayed—

    (6) The person in charge of a wind turbine generator to which this article applies shall—

    (7) When visibility in all directions from every wind turbine generator to which this article applies in a group is more than 5 km the light intensity for any light required by this article to be fitted to any generator in the group and displayed may be reduced to not less than 10% of the minimum peak intensity specified for a light of this type.

    (8) In any particular case the CAA may direct that a wind turbine generator to which this article applies shall be fitted with and shall display such additional lights in such positions and at such times as it may specify.

    (9) This article shall not apply to any wind turbine generator in respect of which the CAA has granted a permission for the purposes of this article to the person in charge.

    (10) A permission may be granted for the purposes of this article in respect of a particular case or class of cases or generally.

    (11) In this article—

Dangerous lights
    
135. —(1) A person shall not exhibit in the United Kingdom any light which—

    (2) If any light which appears to the CAA to be such a light as aforesaid is exhibited the CAA may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or has charge of the light, directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice for extinguishing or screening the light and for preventing for the future the exhibition of any other light which may similarly endanger aircraft.

    (3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.

    (4) In the case of a light which is or may be visible from any waters within the area of a general lighthouse authority, the power of the CAA under this article shall not be exercised except with the consent of that authority.

Customs and Excise aerodromes
    
136. —(1) The Secretary of State may, with the concurrence of the Commissioners of Revenue and Customs and subject to such conditions as they may think fit, by order designate any aerodrome to be a place for the landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs and excise.

    (2) The Secretary of State may, with the concurrence of the Commissioners of Revenue and Customs, by order revoke any designation so made.

Aviation fuel at aerodromes
    
137. —(1) Subject to paragraph (2), a person who has the management of any aviation fuel installation on an aerodrome in the United Kingdom shall not cause or permit any fuel to be delivered to that installation or from it to an aircraft unless—

    (2) Paragraph (1) shall not apply in respect of fuel which has been removed from an aircraft and is intended for use in another aircraft operated by the same operator as the aircraft from which it has been removed.

    (3) A person to whom paragraph (1) applies shall keep a written record in respect of each installation of which he has the management, which record shall include—

and he shall preserve the written record for a period of 12 months or such longer period as the CAA may in a particular case direct and shall, within a reasonable time after being requested to do so by an authorised person, produce such record to that person.

    (4) A person shall not cause or permit any aviation fuel to be dispensed for use in an aircraft if he knows or has reason to believe that the aviation fuel is not fit for use in aircraft.

    (5) If it appears to the CAA or an authorised person that any aviation fuel is intended or likely to be delivered in contravention of any provision of this article, the CAA or that authorised person may direct the person having the management of the installation not to permit aviation fuel to be dispensed from that installation until the direction has been revoked by the CAA or by an authorised person.

    (6) In this article—



PART 14

General

Restriction on carriage for valuable consideration in aircraft registered elsewhere than in the United Kingdom
    
138. —(1) An aircraft registered in a Contracting State other than the United Kingdom, or in a foreign country, shall not take on board or discharge any passengers or cargo in the United Kingdom where valuable consideration is given or promised in respect of the carriage of such persons or cargo unless—

    (2) Without prejudice to article 93 or to paragraph (1), any breach by a person to whom a permission has been granted under this article of any condition to which that permission was subject shall constitute a contravention of this article.

Filing and approval of tariffs
     139. —(1) Where a permission granted under article 138(1) contains a tariff provision, the operator or charterer of the aircraft concerned shall file with the CAA the tariff which it proposes to apply on flights to which the said permission relates and the CAA shall consider the proposed tariff and may, if it thinks fit, approve or disapprove it.

    (2) For the purposes of this article, "tariff provision" means a condition as to any of the following matters—

and includes any condition as to the applicability of any such price, the provision of any such goods, services or benefits or the payment of any such commission or of commission at any such rate.

    (3) The CAA shall act on behalf of the Crown in performing the functions conferred on it by this article.

Restriction on aerial photography, aerial survey and aerial work in aircraft registered elsewhere than in the United Kingdom
    
140. —(1) An aircraft registered in a Contracting State other than the United Kingdom, or in a foreign country, shall not fly over the United Kingdom for the purpose of aerial photography or aerial survey (whether or not valuable consideration is given or promised in respect of the flight or the purpose of the flight) or for the purpose of any other form of aerial work except with the permission of the Secretary of State granted under this article to the operator or the charterer of the aircraft and in accordance with any conditions to which such permission may be subject.

    (2) Without prejudice to article 93 or to paragraph (1), any breach by a person to whom a permission has been granted under this article of any condition to which that permission was subject shall constitute a contravention of this article.

Flights over any foreign country
    
141. —(1) The operator and the commander of an aircraft registered in the United Kingdom (or, if the operator's principal place of business or permanent residence is in the United Kingdom, any other aircraft) which is being flown over any foreign country shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

    (2) A person does not contravene paragraph (1) if he neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in paragraph (1).

    (3) The operator and the commander of an aircraft registered in the United Kingdom (or, if the operator's principal place of business or permanent residence is in the United Kingdom, any other aircraft) which is being flown over any foreign country shall comply with any directions given by the appropriate aeronautical authorities of that country whenever—

unless the lives of persons on board or the safety of the aircraft would thereby be endangered.

    (4) A person does not contravene paragraph (3) if he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.

    (5) The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.

    (6) In this article "appropriate aeronautical authorities" includes any person, whether a member of a country's military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

Mandatory reporting of occurrences
    
142. —(1) The objective of this article is to contribute to the improvement of air safety by ensuring that relevant information on safety is reported, collected, stored, protected and disseminated.

    (2) The sole objective of occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability.

    (3) This article shall apply to occurrences which endanger or which, if not corrected, would endanger an aircraft, its occupants or any other person.

    (4) Without prejudice to the generality of paragraph (3), a list of examples of these occurrences is set out in Annexes I and II (and their Appendices) of Directive 2003/42 of the European Parliament and of the Council of 13th June 2003 on occurrence reporting in civil aviation[
22].

    (5) Every person listed below shall report to the CAA any event which constitutes an occurrence for the purposes of paragraph (3) and which comes to his attention in the exercise of his functions—

    (6) Reports of occurrences shall be made within such time, by such means and containing such information as may be prescribed and shall be presented in such form as the CAA may in any particular case approve.

    (7) A person listed in paragraph (5) shall make a report to the CAA within such time, by such means, and containing such information as the CAA may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to an occurrence which has been reported by him or another person to the CAA in accordance with this article.

    (8) A person shall not make any report under this article if he knows or has reason to believe that the report is false in any particular.

    (9) The CAA shall put in place a mechanism to collect, evaluate, process and store occurrences reported in accordance with paragraphs (5) to (7).

    (10) The CAA shall store in its databases the reports which it has collected of occurrences, accidents and serious incidents.

    (11) The CAA shall make all relevant safety-related information stored in the databases mentioned in paragraph (10) available to the competent authorities of the other Member States and the Commission.

    (12) The CAA shall ensure that the databases referred to in paragraph (10) are compatible with the software developed by the European Commission for the purpose of implementing Directive 2003/42 of the European Parliament and of the Council of 13th June 2003 on occurrence reporting in civil aviation.

    (13) The CAA, having received an occurrence report, shall enter it into its databases and notify, whenever necessary: the competent authority of the Member State where the occurrence took place; where the aircraft is registered; where the aircraft was manufactured, and where the operator's air operator's certificate was granted.

    (14) The CAA shall provide any entity entrusted with regulating civil aviation safety or with investigating civil aviation accidents and incidents within the Community with access to information on occurrences collected and exchanged in accordance with paragraphs (9) to (13) to enable it to draw the safety lessons from the reported occurrences.

    (15) The CAA and the Chief Inspector of Air Accidents shall use any information received in accordance with the terms of this article solely for the purposes set out in this article.

    (16) The names or addresses of individual persons shall not be recorded on the databases referred to in paragraph (10).

    (17) Without prejudice to the rules of criminal law, no proceedings shall be instituted in respect of unpremeditated or inadvertent infringements of the law which come to the attention of the relevant authorities only because they have been reported under this article as required by Article 4 of Directive 2003/42 of the European Parliament and of the Council of 13th June 2003 on occurrence reporting in civil aviation, except in cases of gross negligence.

    (18) The provisions in paragraphs (15) to (17) shall apply without prejudice to the right of access to information by judicial authorities.

    (19) The CAA shall put in place a system of voluntary reporting to collect and analyse information on observed deficiencies in aviation which are not required to be reported under the system of mandatory reporting, but which are perceived by the reporter as an actual or potential hazard.

    (20) Voluntary reports presented to the CAA under paragraph (19) shall be subjected to a process of disidentification by it where the person making the report requests that his identity is not recorded on the databases.

    (21) The CAA shall ensure that relevant safety information deriving from the analysis of reports, which have been subjected to disidentification, are stored and made available to all parties so that they can be used for improving safety in aviation.

Mandatory reporting of birdstrikes
     143. —(1) Subject to the provisions of this article, the commander of an aircraft shall make a report to the CAA of any birdstrike occurrence which occurs whilst the aircraft is in flight within the United Kingdom.

    (2) The report shall be made within such time, by such means and shall contain such information as may be prescribed and it shall be presented in such form as the CAA may in any particular case approve.

    (3) Nothing in this article shall require a person to report any occurrence which he has reported under article 142 or which he has reason to believe has been or will be reported by another person to the CAA in accordance with that article.

    (4) A person shall not make any report under this article if he knows or has reason to believe that the report is false in any particular.

    (5) In this article "birdstrike occurrence" means an incident in flight in which the commander of an aircraft has reason to believe that the aircraft has been in collision with one or more than one bird.

Power to prevent aircraft flying
    
144. —(1) If it appears to the CAA or an authorised person that any aircraft is intended or likely to be flown—

the CAA or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the CAA or by an authorised person, and the CAA or that authorised person may take such steps as are necessary to detain the aircraft.

    (2) For the purposes of paragraph (1) the CAA or any authorised person may enter upon and inspect any aircraft.

    (3) If it appears to the Secretary of State or an authorised person that any aircraft is intended or likely to be flown in such circumstances that any provision of article 138, 140 or 141 would be contravened in relation to the flight, the Secretary of State or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make a particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Secretary of State or by an authorised person, and the Secretary of State or any authorised person may take such steps as are necessary to detain the aircraft.

    (4) For the purposes of paragraph (3) the Secretary of State or any authorised person may enter upon any aerodrome and may enter upon and inspect any aircraft.

Right of access to aerodromes and other places
    
145. —(1) Subject to paragraph (2), the CAA and any authorised person shall have the right of access at all reasonable times—

    (2) Access to a Government aerodrome shall only be obtained with the permission of the person in charge of the aerodrome.

Obstruction of persons
    
146. A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.

Directions
    
147. —(1) Where any provision of this Order or any regulations made thereunder gives to a person the power to direct, the person to whom such a power is given shall also have the power to revoke or vary any such direction.

    (2) Any person who without reasonable excuse fails to comply with any direction given to him under any provision of this Order or any regulations made thereunder shall be deemed for the purposes of this Order to have contravened that provision.

Penalties
    
148. —(1) If any provision of this Order, or any regulations made thereunder or of Part 21, 145 or M is contravened in relation to an aircraft, the operator of that aircraft and the commander and, in the case of a contravention of article 138, the charterer of that aircraft, shall (without prejudice to the liability of any other person for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

    (2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order, or any regulations made thereunder or of Part 21, 66, 145, 147 or M was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.

    (3) Where a person is charged with contravening a provision of this Order or any regulations made thereunder by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work the flight shall be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor suspected that the flight was for that purpose.

    (4) If any person contravenes any provision of this Order, or any regulations made thereunder or of Part 21, 66, 145, 147 or M not being a provision referred to in paragraph (5), (6) or (7), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (5) If any person contravenes any provision specified in Part A of Schedule 14 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

    (6) If any person contravenes any provision specified in Part B of the said Schedule he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

    (7) If any person contravenes any provision specified in Part C of the said Schedule he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding five years or both.

Extra-territorial effect of the Order[
24]
     149. —(1) Except where the context otherwise requires, the provisions of this Order—

    (2) Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948[25] that that person shall not be guilty of an offence.

Aircraft in transit over certain United Kingdom territorial waters
     150. —(1) Where an aircraft, not being an aircraft registered in the United Kingdom, is flying over the territorial waters adjacent to the United Kingdom within part of a strait referred to in paragraph (4) solely for the purpose of continuous and expeditious transit of the strait, only the following articles and Schedules shall apply to that aircraft: article 20 and Schedule 5, to the extent necessary for the monitoring of the appropriate distress radio frequency, article 95(2), (3) and (4), together with the regulations made thereunder, article 148, article 153 and Part A of Schedule 14.

    (2) The powers conferred by the provisions referred to in paragraph (1) shall not be exercised in a way which would hamper the transit of the strait by an aircraft not registered in the United Kingdom, but without prejudice to action needed to secure the safety of aircraft.

    (3) In this article `transit of the strait' means overflight of the strait from an area of high seas at one end of the strait to an area of high seas at the other end, or flight to or from an area of high seas over some part of the strait for the purpose of entering, leaving or returning from a State bordering the strait and `an area of high seas' means any area outside the territorial waters of any State.

    (4) The parts of the straits to which this article applies are specified in Schedule 15.

Application of Order to British-controlled aircraft registered elsewhere than in the United Kingdom
    
151. The CAA may direct that such of the provisions of this Order and of any regulations made or having effect thereunder as may be specified in the direction shall have effect as if reference in those provisions to aircraft registered in the United Kingdom included references to the aircraft specified in the direction, being an aircraft registered elsewhere than in the United Kingdom but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the United Kingdom.

Application of Order to the Crown and visiting forces, etc.
    
152. —(1) Subject to the provisions of this article, the provisions of this Order shall apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty as they apply to or in relation to other aircraft.

    (2) For the purposes of such application, the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft and, in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft.

    (3) Nothing in this article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.

    (4) Save as otherwise expressly provided the naval, military and air force authorities and members of any visiting force and any international headquarters and the members and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order and of any regulations made thereunder to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.

    (5) Save as otherwise provided by paragraph (6), article 80(5) and (12), article 81(3), article 95(1)(a) and article 131, nothing in this Order shall apply to or in relation to any military aircraft.

    (6) Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his duty as a member of any of Her Majesty's naval, military or air forces or as a member of a visiting force or international headquarters, the following provisions of this Order shall apply on the occasion of that flight, that is to say, articles 73, 74, 75 and 96 and in addition article 95 (so far as applicable) shall apply unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 550) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.

Exemption from Order
    
153. The CAA may exempt from any of the provisions of this Order (other than article 85, 87, 93, 138, 139, 140, 141 or 154) or any regulations made thereunder, any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as it thinks fit.

Appeal to County Court or Sheriff Court
    
154. —(1) Subject to paragraphs (2), (3) and (4), an appeal shall lie to a county court from any decision of the CAA that a person is not a fit person to hold a licence to act as—

and if the court is satisfied that on the evidence submitted to the CAA it was wrong in so deciding, the court may reverse the CAA's decision and the CAA shall give effect to the court's determination.

    (2) An appeal shall not lie from a decision of the CAA that a person is not qualified to hold the licence by reason of a deficiency in his knowledge, experience, competence, skill, physical or mental fitness.

    (3) If the appellant resides or has his registered or principal office in Scotland the appeal shall lie to the sheriff within whose jurisdiction he resides and the appeal shall be brought within 21 days from the date of the CAA's decision or within such further period as the sheriff may in his discretion allow.

    (4) Notwithstanding any provision to the contrary in rules governing appeals to a county court in Northern Ireland, if the appellant resides or has his registered or principal office in Northern Ireland the appeal shall lie to the county court held under the County Courts (Northern Ireland) Order 1980[
26].

    (5) The CAA shall be a respondent to any appeal under this article.

    (6) For the purposes of any provision relating to the time within which an appeal may be brought, the CAA's decision shall be deemed to have been taken on the date on which the CAA furnished a statement of its reasons for the decision to the applicant for the licence, or as the case may be, the holder or former holder of it.

    (7) In the case of an appeal to the sheriff—

Interpretation
     155. —(1) In this Order—

and ‘aerodrome flight information service' shall be construed accordingly;

and a reference in this Order to a glider shall include a reference to a self-sustaining glider and a self-propelled hang-glider;

and the distance, if any, communicated to the commander of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;

    (2) An aircraft shall be deemed to be in flight—

and the expressions `a flight' and `to fly' shall be construed accordingly.

    (3) Subject to paragraph (4), references in this Order to the operator of an aircraft are, for the purposes of the application of any provision of this Order in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft.

    (4) For the purposes of the application of any provision in Part 3 of this Order, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the management of that aircraft for a period not exceeding 14 days, paragraph (3) shall have effect as if that agreement had not been entered into.

    (5) References in this Order to—

    (6) The expressions appearing in the `Classification of Aircraft' in Part A of Schedule 2 shall have the meanings thereby assigned to them.

Meaning of aerodrome traffic zone
     156. —(1) The aerodrome traffic zone of a notified aerodrome which is not on an offshore installation and at which the length of the longest runway is notified as 1,850 metres or less shall be, subject to paragraphs (2) and (5), the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2 nautical miles.

    (2) Where the aerodrome traffic zone specified in paragraph (1) would extend less than 11/2 nautical miles beyond the end of any runway at the aerodrome and this paragraph is notified as being applicable, the aerodrome traffic zone shall be that specified in paragraph (3) as though the length of the longest runway at the aerodrome were notified as greater than 1,850 metres.

    (3) The aerodrome traffic zone of a notified aerodrome which is not on an offshore installation and at which the length of the longest runway is notified as greater than 1,850 metres shall be, subject to paragraph (5), the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified midpoint of the longest runway and having a radius of 21/2 nautical miles.

    (4) The aerodrome traffic zone of a notified aerodrome which is on an offshore installation shall be, subject to paragraph (5), the airspace extending from mean sea level to 2,000 feet above mean sea level and within 11/2 nautical miles of the offshore installation.

    (5) The aerodrome traffic zone of a notified aerodrome shall exclude any airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this article as being the controlling aerodrome.

Public transport and aerial work—general rules
    
157. —(1) Subject to the provisions of this article and articles 158 to 163, aerial work means any purpose (other than public transport) for which an aircraft is flown if valuable consideration is given or promised in respect of the flight or the purpose of the flight.

    (2) If the only such valuable consideration consists of remuneration for the services of the pilot the flight shall be deemed to be a private flight for the purposes of Part 3 of this Order.

    (3) Subject to the provisions of this article and articles 158 to 163, an aircraft in flight shall for the purposes of this Order be deemed to fly for the purpose of public transport—

    (4) Notwithstanding that an aircraft may be flying for the purpose of public transport by reason of paragraph (3)(c), it shall not be deemed to be flying for the purpose of the public transport of passengers unless valuable consideration is given or promised for the carriage of those passengers.

    (5) A glider shall not be deemed to fly for the purpose of public transport for the purposes of Part 3 of this Order by virtue of paragraph (3)(c) if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club.

    (6) Notwithstanding the giving or promising of valuable consideration specified in paragraph (3)(c) in respect of the flight or the purpose of the flight it shall—

be deemed to be a private flight.

    (7) Where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that valuable consideration would be given or promised if the transaction were effected otherwise than aforesaid, valuable consideration shall, for the purposes of this Order, be deemed to have been given or promised, notwithstanding any rule of law as to such transactions.

    (8) For the purposes of—

Public transport and aerial work—exceptions—flying displays etc
     158. —(1) A flight shall, for the purposes of Part 4 of this Order, be deemed to be a private flight if—

    (2) Valuable consideration falls within this paragraph if it either is—

    (3) Any prize falling within paragraph (2)(b) shall be deemed for the purposes of this Order not to constitute remuneration for services as a pilot.

Public transport and aerial work—exceptions—charity flights
    
159. —(1) Subject to paragraph (2), a flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than—

is given or promised to a registered charity which is not the operator of the aircraft and the flight is made with the permission of the CAA and in accordance with any conditions therein specified.

    (2) If valuable consideration specified in article 157(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 19(2) and 20(2)) be deemed to be for the purpose of public transport.

Public transport and aerial work—exceptions—cost sharing
    
160. —(1) Subject to paragraph (4), a flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within paragraph (2) and the the criteria in paragraph (3) are satisfied.

    (2) Valuable consideration falls within this paragraph if it is—

or falls within any two or all three sub-paragraphs.

    (3) The criteria in this paragraph are satisfied if—

    (4) If valuable consideration specified in article 157(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 19(2) and 20(2)) be deemed to be for the purpose of public transport.

Public transport and aerial work—exceptions—recovery of direct costs
    
161. —(1) Subject to paragraph (2), a flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than—

is the payment of the whole or part of the direct costs otherwise payable by the pilot in command by or on behalf of the employer of the pilot in command, or by or on behalf of a body corporate of which the pilot in command is a director, provided that neither the pilot in command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried.

    (2) If valuable consideration specified in article 157(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 19(2) and 20(2)) be deemed to be for the purpose of public transport.

Public transport and aerial work—exceptions—jointly owned aircraft
    
162. —(1) A flight shall be deemed to be a private flight if the aircraft falls within paragraph (2) and the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within paragraph (3).

    (2) An aircraft falls within this paragraph if it is owned—

    (3) Valuable consideration falls within this paragraph if it is either—

or falls within both sub-paragraphs (a) and (b).

Public transport and aerial work—exceptions—parachuting
    
163. A flight shall be deemed to be for the purpose of aerial work if it is a flight in respect of which valuable consideration has been given or promised for the carriage of passengers and which is for the purpose of—

Exceptions from application of provisions of the Order for certain classes of aircraft
    
164. The provisions of this Order other than articles 68, 74, 96(1), 97, 98, 144(1)(b) and (c), 155(1) and (2) shall not apply to or in relation to—

Approval of persons to furnish reports
    
165. In relation to any of its functions under any of the provisions of this Order the CAA may approve a person as qualified to furnish reports to it and may accept such reports.

Certificates, authorisations, approvals and permissions
    
166. Wherever in this Order there is provision for the issue or grant of a certificate, authorisation, approval or permission by the CAA, unless otherwise provided, such a certificate, authorisation, approval or permission—

Competent authority
    
167 —(1) The CAA shall be—

    (2) The Secretary of State shall be the competent authority under article 15 of Council Directive 96/29/Euratom of 13th May 1996 for the purposes of article 42 of the Directive[49].

Saving
     168. —(1) Subject to articles 128 and 130, nothing in this Order or any regulations made thereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.

    (2) Nothing in this Order shall oblige the CAA to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the granting of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.



Clerk of the Privy Council


A. K. Galloway



SCHEDULE 1
Article 2


ORDERS REVOKED


           References
The Air Navigation Order 2000 S.I. 2000/1562
The Air Navigation (Amendment) Order 2001 S.I. 2001/397
The Air Navigation (Amendment) Order 2002 S.I. 2002/264
The Air Navigation (Amendment) (No. 2) Order 2002 S.I. 2002/1628
The Air Navigation (Amendment) Order 2003 S.I. 2003/777
The Air Navigation (Amendment) (No. 2) Order 2003 S.I. 2003/2905
The Air Navigation (Amendment) Order 2004 S.I. 2004/705



SCHEDULE 2


PART A


4(6) and 155(6)

CLASSIFICATION AND MARKING OF AIRCRAFT AND DEALER CERTIFICATION

Classification of aircraft




PART B

Article 5(2)

Nationality and registration marks of aircraft registered in the United Kingdom

General
     1. —(1) The nationality mark of the aircraft shall be the capital letter "G" in Roman character and the registration mark shall be a group of four capital letters in Roman character assigned by the CAA on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.

    (2) The nationality and registration marks shall be displayed to the best advantage, taking into consideration the constructional features of the aircraft and shall always be kept clean and visible.

    (3) The letters constituting each group of marks shall be of equal height and they, and the hyphen, shall all be of the same single colour which shall clearly contrast with the background on which they appear.

    (4) The nationality and registration marks shall also be inscribed on a fire-proof metal plate affixed in a prominent position—

    (5) The nationality and registration marks shall be painted on the aircraft, or shall be affixed thereto by any other means ensuring a similar degree of permanence, in the manner specified in paragraphs 2 and 3 of this Part.

Position and size of marks
     2. —(1) The position and size of marks on heavier than air aircraft (excluding kites) shall be as follows—

    (2) The position and size of marks on airships and free balloons shall be as follows—

Width, spacing and thickness of marks
     3. —(1) For the purposes of this paragraph—

    (2) The thickness of the lines comprising each letter and hyphen shall be one sixth of the height of the letters forming the marks.

    (3) Each letter and hyphen shall be separated from the letter or hyphen which it immediately precedes or follows by a space equal to either one quarter or one half of the width of a standard letter. Each such space shall be equal to every other such space within the marks.



PART C

Article 4(8)

Conditions in aircraft dealer's certificate

The conditions in an aircraft dealer's certificate shall be as follows—

    (1) The operator of the aircraft shall be the registered owner of the aircraft, who shall be the holder of an aircraft dealer's certificate granted under this Order.

    (2) The aircraft shall fly only for the purpose of—

    (3) Without prejudice to article 52 the operator of the aircraft shall satisfy himself before the aircraft takes off that the aircraft is in every way fit for the intended flight.

    (4) The aircraft shall fly only within the United Kingdom.



SCHEDULE 3

A AND B CONDITIONS AND CATEGORIES OF CERTIFICATE OF AIRWORTHINESS




PART A

Articles 3(3), 8(2) and 65(7)

A and B Conditions

A Conditions
     1. —(1) A non-EASA aircraft registered in the United Kingdom may fly for a purpose set out in paragraph (2) subject to the conditions contained in paragraphs (3) to (8) when either:

    (2) The purposes referred to in paragraph (1) are—

    (3) The aircraft, including any modifications, shall be of a design which previously has been approved by the CAA, or by an organisation approved for that purpose by the CAA, as being compliant with a standard accepted by the CAA as appropriate for the issue of a national certificate of airworthiness.

    (4) The aircraft and its engines shall be certified as fit for flight by the holder of an aircraft maintenance engineer's licence granted under this Order, being a licence which entitles him to issue that certificate or by a person approved by the CAA for the purpose of issuing certificates under this condition, and in accordance with that approval.

    (5) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation or flight manual which has previously been in force under the Order in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design.

    (6) The aircraft shall not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose referred to in paragraph (2).

    (7) The aircraft shall not fly over any congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off or land.

B Conditions
     2. —(1) A non-EASA aircraft may fly for a purpose set out in paragraph (2) subject to the conditions set out in paragraphs (3) to (8) whether or not it is registered in accordance with article 3(1) and when there is not in force—

    (2) The purposes referred to in paragraph (1) are—

    (3) The flight shall be operated by a person approved by the CAA for the purposes of these Conditions and subject to any additional conditions which may be specified in such an approval.

    (4) If not registered in the United Kingdom the aircraft shall be marked in a manner approved by the CAA for the purposes of these Conditions, and articles 20, 22, 52, 55, 86 and 88 shall be complied with in relation to the aircraft as if it were registered in the United Kingdom.

    (5) If not registered in the United Kingdom, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.

    (6) No person shall act as pilot in command of the aircraft except a person approved for the purpose by the CAA.

    (7) The aircraft shall not carry any cargo, or any persons other than the flight crew except the following—

    (8) The aircraft shall not fly, except in accordance with procedures which have been approved by the CAA in relation to that flight, over any congested area of a city, town or settlement.



PART B

Article 9

Categories of certificate of airworthiness and purposes for which aircraft may fly

Categories of certificate of airworthiness Purpose for which the aircraft may fly
Standard Any purpose
Special Category Any purpose, other than public transport, specified in the certificate of airworthiness but not including the carriage of passengers unless expressly permitted.



SCHEDULE 4
Articles 16(9) and 19(2)


AIRCRAFT EQUIPMENT


     1. Every aircraft of a description specified in the first column of the Table in paragraph 5 of this Schedule and which is registered in the United Kingdom shall be provided, when flying in the circumstances specified in the second column of the said Table, with adequate equipment, and for the purpose of this paragraph the expression "adequate equipment" shall mean, subject to paragraph 2, the scales of equipment respectively indicated in the third column of that Table.

     2. —(1) If the aircraft is flying in a combination of such circumstances, the scales of equipment shall not on that account be required to be duplicated.

    (2) The equipment carried in an aircraft as being necessary for the airworthiness of the aircraft shall be taken into account in determining whether this Schedule is complied with in respect of that aircraft.

     3. —(1) For the purposes of the Table in paragraph 5, flying time in relation to a helicopter or gyroplane shall be calculated on the assumption that it is flying in still air at the speed specified in the relevant flight manual as the speed for compliance with regulations governing flights over water.

    (2) In this Schedule "day" means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level.

     4. The following items of equipment shall not be required to be of a type approved by EASA or the CAA—

     5. Table

Description of Aircraft Circumstances of Flight Scale of Equipment Required
    (1) Gliders

(a) flying for purposes other than public transport or aerial work; and when flying by night

A(2)
           (b) flying for the purpose of public transport or aerial work; and

A, B(1), (2), (3), (4), (5), (6) and (7), D and F(1)
           (i) when flying by night

C and G
           (ii) when carrying out aerobatic manoeuvres

B(8) and (9)
    (2) Aeroplanes

(a) flying for purposes other than public transport; and

A(1) and (2) and B(1), (2), (3), (4), (5) and (6)
           (i) when flying by night

C and D
           (ii) when flying under Instrument Flight Rules;

 
           (aa) outside controlled airspace

D
           (bb) within Class A, B or C airspace

E with E(4) duplicated and F
           (cc) within Class D and E airspace

E and F
           (iii) when carrying out aerobatic manoeuvres

B(8) and (9)
           (b) flying for the purpose of public transport; and A, B(1), (2), (3), (4), (5), (6) and (7), D and F(1)
  (i) when flying under Instrument Flight Rules except flights outside controlled airspace in the case of aeroplanes having a maximum total weight authorised not exceeding 1,150 kg

E with E(4) duplicated and F
           (ii) when flying by night; and in the case of aeroplanes of which the maximum total weight authorised exceeds 1,150 kg

C and G, E with E(4) duplicated and F
           (iii) when flying over water beyond gliding distance from land

H
           (iv) on all flights on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the aeroplane would be forced to land onto water;

H
           (v) when flying over water;

 
           (aa) in the case of aeroplanes capable of continuing the flight to an aerodrome with the critical power unit becoming inoperative, at a greater distance from land suitable for making an emergency landing than that corresponding to 120 minutes at cruising speed or 400 nautical miles, whichever is the lesser; or

H and K
           (bb) in the case of all other aeroplanes, at a greater distance from land suitable for making an emergency landing than that corresponding to 30 minutes at cruising speed or 100 nautical miles, whichever is the lesser

H and K
           (vi) having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) before 1st January 2002

KK(1) or (2)
           (vii) having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) on or after 1st January 2002

KK(2)
           (viii) on all flights which involve manoeuvres on water

H, J and K
           (ix) when flying at a height of 10,000 ft or more above mean sea level;

          
           (aa) having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) before 1st January 1989

L1 or L2
           (bb) having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) on or after 1st January 1989

L2
           (x) on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met

M
           (xi) when carrying out aerobatic manoeuvres

B(8) and (9)
           (xii) on all flights on which the aircraft carries a flight crew of more than one person

N
           (xiii) on all flights for the purpose of the public transport of passengers

Q and Y(1), (2) and (3)
           (xiv) on all flights by a pressurised aircraft

R
           (xv) when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met

U
           (xvi) when flying over substantially uninhabited land or other areas where, in the event of an emergency landing, polar conditions are likely to be met

V
           (xvii) when flying at an altitude of more than 49,000 ft

W
    (3) Turbine-jet aeroplanes having a maximum total weight authorised exceeding 5,700 kg or pressurised aircraft having a maximum total weight authorised exceeding 11,400 kg

when flying for the purpose of public transport O
    (4) Turbine-engined aeroplanes having a maximum total weight authorised exceeding 5,700 kg and piston-engined aeroplanes having a maximum total weight authorised exceeding 27,000 kg except for such aeroplanes falling within paragraphs (5) or (6);

                     
(a) which are operated by an air transport undertaking; or

when flying on any flight P
(b) which are public transport aeroplanes in respect of which application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under an EASA permit to fly, "A Conditions" or under a certificate of airworthiness in the Special Category described in Part B of Schedule 3

when flying on any flight P
    (5) Public transport aeroplanes in respect of which there is in force a certificate of airworthiness and public transport aeroplanes in respect of which an application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under an EASA permit to fly, "A Conditions" or under a certificate of airworthiness in the Special Category described in Part B of Schedule 3 except for such aeroplanes falling within paragraph (6);

                     
(a) which conform to a type first issued with a type certificate (whether in the United Kingdom or elsewhere) on or after 1st April 1971 and which have a maximum total weight authorised exceeding 5,700 kg but not exceeding 11,400 kg; or

when flying on any flight S(1)
(b) which conform to a type first issued with a type certificate (whether in the United Kingdom or elsewhere) on or after 1st April 1971 and which have a maximum total weight authorised exceeding 11,400 kg but not exceeding 27,000 kg; or

when flying on any flight S(2)
(c) which conform to a type first issued with a type certificate (whether in the United Kingdom or elsewhere) on or after 1st April 1971 and which have a maximum total weight authorised exceeding 27,000 kg but not exceeding 230,000 kg; or

when flying on any flight S(3)
(d) which conform to a type first issued with a type certificate in the United Kingdom on or after 1st January 1970 and which have a maximum total weight authorised exceeding 230,000 kg

when flying on any flight S(3)
    (6) Public transport aeroplanes in respect of which there is in force a certificate of airworthiness and public transport aeroplanes in respect of which application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under an EASA permit to fly, "A Conditions" or under a certificate of airworthiness in the Special Category described in Part B of Schedule 3;

                     
(a) for which an individual certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1st June 1990 and which have a maximum total weight authorised not exceeding 5,700 kg, are powered by 2 or more turbine engines and with a maximum approved passenger seating configuration of more than 9; or

when flying on any flight S(4)
(b) for which an individual certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1st June 1990 and which have a maximum total weight authorised exceeding 5,700 kg but not exceeding 27,000 kg; or

when flying on any flight S(5)
(c) for which an individual certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1st June 1990 and which have a maximum total weight authorised exceeding 27,000 kg

when flying on any flight S(6)
    (7) Aerial work and private aeroplanes for which an individual certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1st June 1990 and which have a maximum total weight authorised exceeding 27,000 kg.

when flying on any flight S(6)
    (8) Public transport aeroplanes;

                     
(a) which conform to a type first issued with a type certificate (whether in the United Kingdom or elsewhere) on or after 1st April 1971 and having a maximum total weight authorised exceeding 27,000 kg; or

when flying on any flight T
(b) which conform to a type first issued with a type certificate in the United Kingdom on or after 1st January 1970 and which have a maximum total weight authorised exceeding 230,000 kg and in respect of which there is in force a certificate of airworthiness; or

when flying on any flight T
(c) having a maximum total weight authorised exceeding 27,000 kg which conform to a type first issued with a type certificate on or after 1st April 1971 (or 1st January 1970 in the case of an aeroplane having a maximum total weight authorised exceeding 230,000 kg) in respect of which application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under an EASA permit to fly, "A Conditions" or under a certificate of airworthiness in the Special Category described in Part B of Schedule 3

when flying on any flight T
(9) Aeroplanes powered by one or more turbine jets or one or more turbine propeller engines and which have a maximum total weight authorised exceeding 15,000 kg or with a maximum approved passenger seating configuration of more than 30

when flying for the purpose of public transport X(1)
(10) Aeroplanes which are powered by one or more turbine jets or one or more turbine propeller engines and which have a maximum total weight authorised exceeding 5,700 kg but not exceeding 15,000 kg or with a maximum approved passenger seating configuration of more than 9 but not exceeding 30

when flying for the purpose of public transport except when flying under and in accordance with the terms of a police air operator's certificate X(1)
(11) Aeroplanes which are powered by one or more turbine jets or one or more turbine propeller engines and which have a maximum total weight authorised exceeding 5,700 kg or with a maximum approved passenger seating configuration of more than 9;

                     
(a) in respect of which there is in force a certificate of airworthiness except any such aeroplanes as come within sub-paragraph (b); or

when flying for purposes other than public transport X(1) or X(2)
(b) in respect of which there is in force a certificate of airworthiness and which have equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water installed before 1st April 2000

when flying for purposes other than public transport on or after 1st January 2007 X(1) or X(2)
    (12) Aeroplanes;

                     
(a) powered by one or more turbo-jets and which have a maximum total weight authorised exceeding 22,700 kg; or

when flying by night for the purpose of the public transport of passengers Z(1) and (2)
(b) having a maximum total weight authorised exceeding 5,700 kg and which conform to a type for which a certificate of airworthiness was first applied for (whether in the United Kingdom or elsewhere) after 30th April 1972 but not including any aeroplane which in the opinion of the CAA is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or

when flying by night for the purpose of the public transport of passengers Z(1) and (2)
(c) with a maximum approved passenger seating configuration of more than 19; or

when flying by night for the purpose of the public transport of passengers Z(1)
(d) having a maximum total weight authorised exceeding 5,700 kg and which conform to a type for which a certificate of airworthiness was first applied for (whether in the United Kingdom or elsewhere) after 30th April 1972 but not including any aeroplane which in the opinion of the CAA is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or

when flying for the purpose of the public transport of passengers Z(3)
(e) powered by one or more turbo-jets and which have a maximum total weight authorised exceeding 22,700 kg; or

when flying for the purpose of the public transport of passengers Z(3)
(f) first issued with a type certificate (whether in the United Kingdom or elsewhere) on or after 1st January 1958 and with a maximum approved passenger seating configuration of more than 19

when flying for the purpose of the public transport of passengers Z(3)
    (13) Aeroplanes;

                     
(a) powered by one or more turbine jets

when flying on any flight AA
(b) powered by one or more turbine propeller engines and having a maximum total weight authorised exceeding 5,700 kg and first issued with a certificate of airworthiness in the United Kingdom on or after 1st April 1989

when flying on any flight AA
    (14) Public transport aeroplanes

when flying for the purpose of the public transport of passengers Y(4)
    (15) Helicopters and Gyroplanes

(a) flying for purposes other than public transport; and

A(1) and (2) and B(1), (2), (3), (4), (5) and (6)
           (i) when flying by day under Visual Flight Rules with visual ground reference;

D
           (ii) when flying by day under Instrument Flight Rules or without visual ground reference;

          
           (aa) outside controlled airspace

E with E(2) duplicated
           (bb) within controlled airspace

E with both E(2) and E(4) duplicated and F with F(4) for all weights
           (iii) when flying at night;

          
           (aa) with visual ground reference

C, E, G(3) and G(5) and (6)
           (bb) without visual ground reference outside controlled airspace

C, E with E(2) duplicated, G(3), (5) and (6)
           (cc) without visual ground reference within controlled airspace

C, E with both E(2) and E(4) duplicated, F with F(4) for all weights, G(3), (5) and (6)
           (b) flying for the purpose of public transport; and

A, B(1), (2), (3), (4), (5), (6) and (7) and F(1) and F(4) for all weights
           (i) when flying by day under Visual Flight Rules with visual ground reference

D
           (ii) when flying by day under Instrument Flight Rules or without visual ground reference

E with both E(2) and E(4) duplicated, F(2), F(3) and F(5)
           (iii) when flying by night with visual ground reference;

          
           (aa) when flying with one pilot

C, E with E(2) duplicated and either E(4) duplicated or a radio altimeter, F(2), (3), (5) and G
           (bb) when flying in circumstances where two pilots are required

C, E, F(2), F(3), F(5) and G for each pilot's station
           (iv) when flying by night without visual ground reference

C, E with both E(2) and E(4) duplicated, F(2), (3), (5) and G
           (v) when flying over water;

          
           (aa) in the case of a helicopter carrying out Performance Class 2 or 3 operations or a gyroplane classified in its certificate of airworthiness as being of performance group A2 or B when beyond auto-rotational gliding distance from land suitable for an emergency landing

E and H
           (bb) on all flights on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the helicopter or gyroplane would be forced to land onto water

H
           (cc) in the case of a helicopter carrying out Performance Class 1 or 2 operations or a gyroplane classified in its certificate of airworthiness as being of performance group A2 when beyond 10 minutes flying time from land

E, H, K and T
           (dd) for more than a total of 3 minutes in any flight

EE
           (ee) in the case of a helicopter carrying out Performance Class 1 or 2 operations or a gyroplane classified in its certificate of airworthiness as being of performance group A2 which is intended to fly beyond 10 minutes flying time from land or which actually flies beyond 10 minutes flying time from land, on a flight which is either in support of or in connection with the offshore exploitation or exploration of mineral resources (including gas) or is on a flight under and in accordance with the terms of a police air operator's certificate, when in either case the weather reports or forecasts available to the commander of the aircraft indicate that the sea temperature will be less than plus 10°C during the flight or when any part of the flight is at night

I
           (vi) when flying on Performance Class 1 or 2 operations over water beyond 10 minutes flying time from land and not required to comply with sub-paragraph (ix)

KK(2)
           (vii) when flying on Performance Class 3 operations beyond auto-rotational or safe forced landing distance from land

KK(2)
           (viii) when flying over land areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult

KK(2)
           (ix) when flying on Performance Class 1 or 2 operations over water in a hostile environment at a distance from land corresponding to more than 10 minutes flying time at normal cruising speed in support of or in connection with the offshore exploitation or exploration of mineral resources (including gas)

KK(3)
           (x) on all flights which involve manoeuvres on water

H, J and K
           (xi) when flying at a height of 10,000 ft or more above mean sea level;

          
           (aa) having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) before 1st January 1989

L1 or L2
           (bb) having a certificate of airworthiness first issued (whether in the United Kingdom or elsewhere) on or after 1st January 1989

L2
           (xii) on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met

M
           (xiii) on all flights on which the aircraft carries a flight crew of more than one person

N
           (xiv) on all flights for the purpose of the public transport of passengers

Y(1), (2) and (3)
           (xv) when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met

U
           (xvi) when flying over substantially uninhabited land or other areas where, in the event of an emergency landing, polar conditions are likely to be met

V
    (16) Helicopters and Gyroplanes;

                     
(a) having a maximum total weight authorised exceeding 5,700 kg and which conform to a type for which a certificate of airworthiness was first applied for (whether in the United Kingdom or elsewhere) after 30th April 1972 but not including any helicopter or gyroplane which in the opinion of the CAA is identical in all matters affecting the provision of emergency evacuation facilities to a helicopter or gyroplane for which a certificate of airworthiness was first applied for before that date; or

when flying by night for the purpose of the public transport of passengers Z(1) and (2)
(b) with a maximum approved passenger seating configuration of more than 19; or

when flying by night for the purpose of the public transport of passengers Z(1)
(c) which are public transport helicopters or gyroplanes in respect of which there is in force a certificate of airworthiness and public transport helicopters or gyroplanes in respect of which application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under an EASA permit to fly, A Conditions or under a certificate of airworthiness in the Special Category described in Part B of Schedule 3; and

                     
(i) which have a maximum total weight authorised exceeding 2,730 kg but not exceeding 7,000 kg or with a maximum approved passenger seating configuration of more than 9 or both

when flying on any flight SS(1) or (3)
(ii) which have a maximum total weight authorised exceeding 7,000 kg

when flying on any flight SS(2) or (3)

     6. The scales of equipment indicated in the foregoing Table shall be as follows—

Scale A


    (1) Spare fuses for all electrical circuits the fuses of which can be replaced in flight, consisting of 10 per cent of the number of each rating or three of each rating, whichever is the greater.

    (2) Maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under this Order, for the intended flight of the aircraft including any diversion which may reasonably be expected.

    (3) First aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following—

    (4) In the case of a flying machine used for the public transport of passengers in which, while the flying machine is at rest on the ground, the sill of any external door intended for the disembarkation of passengers, whether normally or in an emergency—

apparatus readily available for use at each such door consisting of a device or devices which will enable passengers to reach the ground safely in an emergency while the flying machine is on the ground, and can be readily fixed in position for use.

Scale AA


    (1) Subject to sub-paragraph (2), an altitude alerting system capable of alerting the pilot upon approaching a preselected altitude in either ascent or descent, by a sequence of visual and aural signals in sufficient time to establish level flight at that preselected altitude and when deviating above or below that preselected altitude, by a visual and an aural signal.

    (2) If the system becomes unserviceable, the aircraft may fly or continue to fly, until it first lands at a place at which it is reasonably practicable for the system to be repaired or replaced.

Scale B


    (1) If the maximum total weight authorised of the aircraft is 2,730 kg or less, for every pilot's seat and for any seat situated alongside a pilot's seat, either a safety belt with one diagonal shoulder strap or a safety harness, or with the permission of the CAA, a safety belt without a diagonal shoulder strap which permission may be granted if the CAA is satisfied that it is not reasonably practicable to fit a safety belt with one diagonal shoulder strap or a safety harness.

    (2) If the maximum total weight authorised of the aircraft exceeds 2,730 kg, either a safety harness for every pilot's seat and for any seat situated alongside a pilot's seat, or with the permission of the CAA, a safety belt with one diagonal shoulder strap which permission may be granted if the CAA is satisfied that it is not reasonably practicable to fit a safety harness.

    (3) For every seat in use (not being a seat referred to in paragraphs (1), (2), (5) and (6)) a safety belt with or without one diagonal shoulder strap or a safety harness.

    (4) In addition, and to be attached to or secured by the equipment required in paragraph (3) above, a child restraint device for every child under the age of two years on board.

    (5) On all flights for the public transport of passengers by aircraft, for each seat for use by cabin crew who are required to be carried under this Order, a safety harness.

    (6) On all flights in aeroplanes in respect of which a certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1st February 1989, the maximum total weight authorised of which does not exceed 5,700 kg but with a maximum approved passenger seating configuration of more than 9, (otherwise than in seats referred to under paragraph (1) or (2)), a safety belt with one diagonal shoulder strap or a safety harness for each seat intended for use by a passenger.

    (7) If the commander cannot, from his own seat, see all the passengers' seats in the aircraft, a means of indicating to the passengers that seat belts should be fastened.

    (8) Subject to paragraph (9), a safety harness for every seat in use.

    (9) In the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the CAA may permit a safety belt with one diagonal shoulder strap to be fitted if it is satisfied that such restraint is sufficient for the carrying out of erect spinning in that aircraft and that it is not reasonably practicable to fit a safety harness in that aircraft.

Scale C


    (1) Equipment for displaying the lights required by the Rules of the Air Regulations 1996.

    (2) Electrical equipment, supplied from the main source of supply in the aircraft, to provide sufficient illumination to enable the flight crew properly to carry out their duties during flight.

    (3) Unless the aircraft is equipped with radio, devices for making the visual signal specified in the Rules of the Air Regulations 1996 as indicating a request for permission to land.

Scale D


    (1) In the case of a helicopter or gyroplane, a slip indicator.

    (2) In the case of any other flying machine either—

    (3) A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the commander of the aircraft indicate is likely to be encountered during the intended flight.

Scale E


    (1) In the case of—

    (2) A gyroscopic bank and pitch indicator.

    (3) A gyroscopic direction indicator.

    (4) A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the commander of the aircraft indicate is likely to be encountered during the intended flight.

Scale EE


    (1) Subject to paragraph (2), a radio altimeter with an audio voice warning operating below a preset height and a visual warning capable of operating at a height selectable by the pilot.

    (2) A helicopter flying under and in accordance with the terms of a police air operator's certificate may instead be equipped with a radio altimeter with an audio warning and a visual warning each capable of operating at a height selectable by the pilot.

Scale F


    (1) A timepiece indicating the time in hours, minutes and seconds.

    (2) A means of indicating whether the power supply to the gyroscopic instrument is adequate.

    (3) A rate of climb and descent indicator.

    (4) A means of indicating in the flight crew compartment the outside air temperature calibrated in degrees celsius.

    (5) If the maximum total weight authorised of the aircraft exceeds 5,700 kg two air speed indicators.

Scale G


    (1) In the case of an aircraft other than a helicopter or gyroplane landing lights consisting of 2 single filament lamps, or one dual filament lamp with separately energised filaments.

    (2) An electrical lighting system to provide illumination in every passenger compartment.

    (3) Either—

    (4) In the case of an aircraft other than a helicopter or gyroplane of which the maximum total weight authorised exceeds 5,700 kg, means of observing the existence and build up of ice on the aircraft.

    (5) In the case of a helicopter carrying out Performance Class 1 or 2 operations or a gyroplane in respect of which there is in force a certificate of airworthiness designating the gyroplane as being of performance group A, either—

    (6) In the case of a helicopter carrying out Performance Class 3 operations or a gyroplane in respect of which there is in force a certificate of airworthiness designating the gyroplane as being of performance group B, either—

Scale H


    (1) Subject to paragraph (2), for each person on board, a lifejacket equipped with a whistle and waterproof torch.

    (2) Lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.

Scale I
A survival suit for each member of the crew.

Scale J


    (1) Additional flotation equipment, capable of supporting one-fifth of the number of persons on board, and provided in a place of stowage accessible from outside the flying machine.

    (2) Parachute distress rocket signals capable of making, from the surface of the water, the pyrotechnical signal of distress specified in the Rules of the Air Regulations 1996 and complying with Part III of Schedule 15 to the Merchant Shipping (Life-Saving Appliances) Regulations 1980[
50].

    (3) A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the flying machine on water, appropriate to its size, weight and handling characteristics.

Scale K


    (1) In the case of—

    (2) Each liferaft shall contain the following equipment—

    (3) Items (2)(f) to (j) inclusive shall be contained in a pack.

    (4) The number of survival beacon radio apparatus carried when the aircraft is carrying the number of liferafts specified in column 1 of the following Table shall be not less than the number specified in, or calculated in accordance with, column 2.

Column 1 Column 2
Not more than 8 liferafts 2 survival beacon radio apparatus
For every additional 4 or proportion of 4 liferafts 1 additional survival beacon radio apparatus

Scale KK


    (1) A survival emergency locator transmitter capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (Fifth Edition July 1995) and of transmitting on 121.5 MHz and 406 MHz.

    (2) An automatic emergency locator transmitter capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (Fifth Edition July 1995) and transmitting on 121.5 MHz and 406 MHz.

    (3) An automatically deployable emergency locator transmitter capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (Fifth Edition July 1995) and transmitting on 121.5 MHz and 406 MHz.

Scale L1


Part I


    (1) In every flying machine which is provided with means for maintaining a pressure greater than 700 hectopascals throughout the flight in the flight crew compartment and in the compartments in which the passengers are carried—

together with suitable and sufficient apparatus to enable such persons to use the oxygen.

    (2) In any other flying machine—

together with suitable and sufficient apparatus to enable such persons to use the oxygen.

    (3) The quantity of oxygen required for the purpose of complying with paragraphs (1) and (2) of this Part shall be computed in accordance with the information and instructions relating thereto specified in the operations manual relating to the aircraft under paragraph 1(f) of Part A of Schedule 9.

Part II



     A. The whole period during which, after a failure to maintain a pressure greater than 700 hectopascals in the control compartment and in the compartments in which passengers are carried has occurred, the flying machine flies above flight level 100.

     B. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 150.

     C. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 100, but not above flight level 150.

     X. The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within 6 minutes, and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

     Y. The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within 4 minutes, and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

Scale L2


    (1) A supply of oxygen and the associated equipment to meet the requirements set out in Part I in the case of unpressurised aircraft and Part II in the case of pressurised aircraft.

    (2) The duration for the purposes of this Scale shall be whichever is the greater of—

Part I
Unpressurised aircraft

    (1) When flying at or below flight level 100—

Nil.

    (2) When flying above flight level 100 but not exceeding flight level 120—

Supply for Duration
(a) Members of the flight crew

Any period during which the aircraft flies above flight level 100
(b) Members of the cabin crew and 10% of passengers

For any continuous period exceeding 30 minutes during which the aircraft flies above flight level 100 but not exceeding flight level 120, the duration shall be the period by which 30 minutes is exceeded

    (3) When flying above flight level 120—

Supply for Duration
(a) Members of the flight crew

Any period during which the aircraft flies above flight level 120
(b) Members of the cabin crew and all passengers

Any period during which the aircraft flies above flight level 120

Part II
Pressurised aircraft

    (1) When flying at or below flight level 100—

Nil.

    (2) When flying above flight level 100 but not exceeding flight level 250—

Supply for Duration
(a) Members of the flight crew

30 minutes or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater
(b) Members of the cabin crew and 10% of passengers

(i) When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, 30 minutes or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater

(ii) When the aircraft is not so capable, whenever the cabin pressure altitude is greater than 10,000 ft but does not exceed 12,000 ft

(c) Members of the cabin crew and all passengers

(i) When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, no requirement other than that at (2)(b)(aa) of this Part of this Scale

(ii) When the aircraft is not so capable and the cabin pressure altitude exceeds 12,000 ft, the duration shall be the period when the cabin pressure altitude exceeds 12,000 ft or 10 minutes, whichever is the greater


    (3) When flying above flight level 250—

Supply for Duration
(a) Members of the flight crew

2 hours or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater
(b) Members of the cabin crew

Whenever the cabin pressure altitude exceeds10,000 ft, and a portable supply for 15 minutes
(c) 10% of passengers

Whenever the cabin pressure altitude exceeds10,000 ft but does not exceed 12,000 ft
(d) 30% of passengers

Whenever the cabin pressure altitude exceeds12,000 ft but does not exceed 15,000 ft
(e) All passengers

If the cabin pressure altitude exceeds 15,000 ft, the duration shall be the period when the cabin pressure altitude exceeds 15,000 ft or 10 minutes, whichever is the greater
(f) 2% of passengers or 2 passengers, whichever is the greater, being a supply of first aid oxygen which must be available for simultaneous first aid treatment of 2% or 2 passengers wherever they are seated in the aircraft

Whenever, after decompression, the cabin pressure altitude exceeds 8,000 ft

     A. The flying machine is capable, at the time when a failure to maintain cabin pressurisation occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 120 within 5 minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

Scale M
Equipment to prevent the impairment through ice formation of the functioning of the controls, means of propulsion, lifting surfaces, windows or equipment of the aircraft so as to endanger the safety of the aircraft.

Scale N
An intercommunication system for use by all members of the flight crew and including microphones, not of a hand-held type, for use by the pilot and flight engineer (if any).

Scale O


    (1) Subject to paragraph (2), a radar set capable of giving warning to the pilot in command of the aircraft and to the co-pilot of the presence of cumulo-nimbus clouds and other potentially hazardous weather conditions.

    (2) A flight may commence if the set is unserviceable or continue if the set becomes unserviceable thereafter—

Scale P


    (1) Subject to paragraphs (2) and (5), a flight data recorder which is capable of recording, by reference to a time-scale, the following data—

    (2) Subject to paragraph (5), any aeroplane having a maximum total weight authorised not exceeding 11,400 kg may be provided with—

    (3) Subject to paragraph (5), in addition, on all flights by turbine-powered aeroplanes having a maximum total weight authorised exceeding 11,400 kg, a 4 channel cockpit voice recorder.

    (4) The flight data recorder and cockpit voice recorder referred to above shall be so constructed that the record would be likely to be preserved in the event of an accident to the aeroplane.

    (5) An aeroplane shall not be required to carry the said equipment if, before take off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the CAA.

Scale Q
If the maximum total weight authorised of the aeroplane exceeds 5,700 kg and it was first registered, whether in the United Kingdom or elsewhere, on or after 1st June 1965, a door between the flight crew compartment and any adjacent compartment to which passengers have access, which door shall be fitted with a lock or bolt capable of being worked from the flight crew compartment.

Scale R


    (1) In respect of—

    (2) In respect of—

    (3) Sub-paragraph (2)(b) shall not apply to such aeroplanes restricted by virtue of the operator's operations manual to flight at or below flight level 250 and capable of descending as specified at paragraph (4).

    (4) The aeroplane is capable of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aeroplane, to flight level 100 within 4 minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

Scale S


    (1) Subject to paragraphs (7) and (8), either a 4 channel cockpit voice recorder or a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the flight path, attitude and the basic lift, thrust and drag forces acting upon it.

    (2) Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the information specified in paragraph (1) together with use of VHF transmitters.

    (3) Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the flight path, attitude, the basic lift, thrust and drag forces acting upon it, the selection of high lift devices (if any) and airbrakes (if any), the position of primary flying control and pitch trim surfaces, outside air temperature, instrument landing deviations, use of automatic flight control systems, use of VHF transmitters, radio altitude (if any), the level or availability of essential AC electricity supply and cockpit warnings relating to engine fire and engine shut-down, cabin pressurisation, presence of smoke and hydraulic/pneumatic power supply.

    (4) Subject to paragraphs (7) and (8), either a cockpit voice recorder and a flight data recorder or a combined cockpit voice recorder/flight data recorder capable in either case of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—

    (5) Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—

    (6) Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—

    (7) An aircraft shall not be required to carry the equipment specified in paragraphs (1) to (6) if, before take-off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the CAA.

    (8) The cockpit voice recorder or flight data recorder or combined cockpit voice recorder/flight data recorder, as the case may be, shall be so constructed that the record would be likely to be preserved in the event of an accident.

Scale SS


    (1) Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the following matters accurately in respect of the helicopter or gyroplane—

    (2) Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the information specified in paragraph (1) together with the following matters accurately in respect of the helicopter or gyroplane—

    (3) Subject to paragraphs (4) and (5)—

    (4) A helicopter or gyroplane shall not be required to carry the equipment specified in paragraphs (1) to (3) if, before take-off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the CAA.

    (5) With the exception of flight data which it is expressly stated above may be unprotected, the cockpit voice recorder, flight data recorder or combined cockpit voice recorder/flight data recorder, as the case may be, shall be so constructed and installed that the record (herein referred to as "protected data") would be likely to be preserved in the event of an accident and each cockpit voice recorder, flight data recorder or combined cockpit voice recorder/flight data recorder required to be carried on the helicopter or gyroplane shall have attached an automatically activated underwater sonar location device or an emergency locator radio transmitter.

Scale T
An underwater sonar location device except in respect of those helicopters or gyroplanes which are required to carry equipment in accordance with Scale SS.

Scale U


    (1) 1 survival beacon radio apparatus.

    (2) Marine type pyrotechnical distress signals.

    (3) For each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets.

    (4) For each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers.

    (5) First aid equipment.

Scale V


    (1) 1 survival beacon radio apparatus.

    (2) Marine type pyrotechnical distress signals.

    (3) For each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets.

    (4) For each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers.

    (5) First aid equipment.

    (6) For every 75 or proportion of 75 persons on board, 1 stove suitable for use with aircraft fuel.

    (7) 1 cooking utensil, in which snow or ice can be melted.

    (8) 2 snow shovels.

    (9) 2 ice saws.

    (10) Single or multiple sleeping-bags, sufficient for the use of one-third of all persons on board.

    (11) 1 arctic suit for each member of the crew of the aircraft.

Scale W


    (1) Subject to paragraph (2), cosmic radiation detection equipment calibrated in millirems per hour and capable of indicating the action and alert levels of radiation dose rate.

    (2) An aircraft shall not be required to carry the said equipment if before take-off the equipment is found to be unserviceable and it is not reasonably practicable to repair or replace it at the aerodrome of departure and the radiation forecast available to the commander of the aircraft indicates that hazardous radiation conditions are unlikely to be encountered by the aircraft on its intended route or any planned diversion therefrom.

Scale X


    (1) Subject to paragraph (3), a Terrain Awareness and Warning System known as Class A, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including excessive closure rate to terrain, flight into terrain when not in landing configuration, excessive downward deviation from an instrument landing system glideslope, a predictive terrain hazard warning function and a visual display.

    (2) Subject to paragraph (3), a Terrain Awareness and Warning System known as Class B, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including a predictive terrain hazard warning function.

    (3) If the equipment becomes unserviceable, the aircraft may fly or continue to fly until it first lands at a place at which it is reasonably practicable for the equipment to be repaired or replaced.

Scale Y


    (1) If the aircraft may in accordance with its certificate of airworthiness carry more than 19 and less than 100 passengers, one portable battery-powered megaphone capable of conveying instructions to all persons in the passenger compartment and readily available for use by a member of the crew.

    (2) If the aircraft may in accordance with its certificate of airworthiness carry more than 99 and less than 200 passengers, 2 portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and each readily available for use by a member of the crew.

    (3) If the aircraft may in accordance with its certificate of airworthiness carry more than 199 passengers, 3 portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and each readily available for use by a member of the crew.

    (4) If the aircraft may in accordance with its certificate of airworthiness carry more than 19 passengers—

Scale Z


    (1) An emergency lighting system to provide illumination in the passenger compartment sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2) of Scale G.

    (2) An emergency lighting system to provide illumination outside the aircraft sufficient to facilitate the evacuation of the aircraft.

    (3) An emergency floor path lighting system in the passenger compartment sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2) of Scale G; provided that if the equipment becomes unserviceable the aircraft may fly or continue to fly in accordance with arrangements approved by the CAA.



SCHEDULE 5
Article 20(2)


RADIO COMMUNICATION AND RADIO NAVIGATION EQUIPMENT TO BE CARRIED IN AIRCRAFT


     1. Subject to paragraph 3, every aircraft shall be provided, when flying in the circumstances specified in the first column of the Table in paragraph 2 of this Schedule, with the scales of equipment respectively indicated in the second column of that Table; provided that, if the aircraft is flying in a combination of such circumstances the scales of equipment shall not on that account be required to be duplicated.

     2. Table

Aircraft and Circumstances of Flight Scale of Equipment Required
           A B C D E F G H J
    (1) All aircraft (other than gliders) within the United Kingdom—

                                                                                                  
(a) when flying under Instrument Flight Rules within controlled airspace

A                                  E1 F                                 
(b) when flying within controlled airspace

A                                                                                        
(c) when making an approach to landing at an aerodrome notified for the purpose of this sub-paragraph

                                                                  G                      
(d) when flying for the purpose of public transport

                                            E1                                            
    (2) All aircraft within the United Kingdom—

                                                                                                  
(a) when flying at or above flight level 245

A                                                                                        
(b) when flying within airspace notified for the purposes of this sub paragraph

A                                                                                        
    (3) All aircraft (other than gliders) within the United Kingdom—

                                                                                                  
(a) when flying at or above flight level 245

                                            E1 F                                 
(b) when flying within airspace notified for the purposes of this sub-paragraph

                                            E1                                            
(c) when flying at or above flight level 100

                                            E1                                            
    (4) When flying under Instrument Flight Rules within airspace notified for the purposes of this paragraph—

                                                                                                  
(a) all aeroplanes having a maximum take-off weight authorised not exceeding 5,700 kg and a maximum cruising true airspeed capability not exceeding 250 knots

                                            E2                                            
(b) all rotorcraft

                                            E2                                            
(c) all aeroplanes having either a maximum take-off weight authorised of more than 5,700 kg or a maximum cruising true airspeed capability of more than 250 knots

                                            E3                                            
(d) all aircraft required to carry Scale E2 or E3

                                            EE                                            
    (5) All aircraft registered in the United Kingdom, wherever they may be—

                                                                                                  
(a) when flying for the purpose of public transport under Instrument Flight Rules—

                                                                                                  
(i) while making an approach to landing

A            C D                                  H           
(ii) on all other occasions

A            C                                             H           
(b) when flying for the purpose of public transport

                                            E1                                            
(c) multi-engined aircraft when flying for the purpose of public transport under Visual Flight Rules

A                                                                   H           
(d) single-engined aircraft when flying for the purpose of public transport under Visual Flight Rules—

                                                                                                  
(i) over a route on which navigation is effected solely by visual reference to landmarks

A B                                                                             
(ii) on all other occasions

A                                                                                        
(e) when flying under Instrument Flight Rules within controlled airspace and not required to comply with paragraph (5)(a) above

A                                                                                        
    (6) All aeroplanes registered in the United Kingdom, wherever they may be, and all aeroplanes wherever registered when flying in the United Kingdom, powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off weight exceeding 15,000 kg or with a maximum approved passenger seating configuration of more than 30

                                                                                        J
    (7) All aeroplanes powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off weight exceeding 5,700 kg or a maximum approved passenger seating configuration of more than 19; and—

                                                                                                  
(a) registered in the United Kingdom and flying for the purpose of public transport; or

                                                                                        J
(b) registered in the United Kingdom and flying within the airspace of the member states of the European Civil Aviation Conference; or

                                                                                        J
(c) flying in the United Kingdom

                                                                                        J

     3. —(1) In the case of sub-paragraphs (1), (2), (3), (4)(a), (4)(c) and (5)(e) of paragraph 2, the specified equipment need not be carried if the appropriate air traffic control unit otherwise permits in relation to the particular flight and the aircraft complies with any instructions which the air traffic control unit may give in the particular case.

    (2) An aircraft which is not a public transport aircraft and which is flying in Class D or Class E airspace shall not be required to be provided with distance measuring equipment in accordance with paragraph (b) of Scale F when flying in the circumstances specified in sub-paragraph (1)(a) of paragraph 2.

     4. The scales of radio communication and radio navigation equipment indicated in the foregoing Table shall be as follows—

Scale A
Radio communication equipment capable of maintaining direct two-way communication with the appropriate aeronautical radio stations.

Scale B
Radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including such equipment as may be prescribed.

Scale C
Radio communication equipment capable of receiving from the appropriate aeronautical radio stations meteorological broadcasts relevant to the intended flight.

Scale D
Radio navigation equipment capable of receiving signals from one or more aeronautical radio stations on the surface to enable the aircraft to be guided to a point from which a visual landing can be made at the aerodrome at which the aircraft is to land.

Scale E1
Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

Scale E2
Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and has the capability and functionality prescribed for Mode S Elementary Surveillance and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

Scale E3
Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and has the capability and functionality prescribed for Mode S Enhanced Surveillance and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

Scale EE
The aircraft shall, in the circumstances specified in paragraph 2.1.5.3 of Volume IV (Third Edition July 2002) of Annex 10 to the Chicago Convention, comply with the requirements for antenna diversity set out in that paragraph.

Scale F
Radio communication and radio navigation equipment capable of enabling the aircraft to be navigated along the intended route including—

Scale G
Radio navigation equipment capable of enabling the aircraft to make an approach to landing using the Instrument Landing System.

Scale H


    (1) Subject to paragraphs (2) and (3), radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including—

    (2) An aircraft may fly notwithstanding that it does not carry the equipment specified in this Scale if it carries alternative radio navigation equipment or navigational equipment approved in accordance with article 19(9).

    (3) Where not more than one item of equipment specified in this Scale is unserviceable when the aircraft is about to begin a flight, the aircraft may nevertheless take off on that flight if—

Scale J
An airborne collision avoidance system.

     5. In this Schedule—

    (1) ‘Airborne collision avoidance system' means an aeroplane system which conforms to requirements prescribed for the purpose; is based on secondary surveillance radar transponder signals; operates independently of ground based equipment and which is designed to provide advice and appropriate avoidance manoeuvres to the pilot in relation to other aeroplanes which are equipped with secondary surveillance radar and are in undue proximity;

    (2) ‘Automatic direction finding equipment' means radio navigation equipment which automatically indicates the bearing of any radio station transmitting the signals received by such equipment;

    (3) ‘Distance measuring equipment' means radio equipment capable of providing a continuous indication of the aircraft's distance from the appropriate aeronautical radio stations;

    (4) ‘Mode A' means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for identity and surveillance with identity provided in the form of a 4 digit identity code;

    (5) ‘Mode C‘ means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for automatic pressure-altitude transmission and surveillance;

    (6) ‘Secondary surveillance radar equipment' means such type of radio equipment as may be notified as being capable of—

    (7) ‘VHF omni-range equipment' means radio navigation equipment capable of giving visual indications of bearings of the aircraft by means of signals received from very high frequency omni-directional radio ranges.



SCHEDULE 6
Article 22


AIRCRAFT, ENGINE AND PROPELLER LOG BOOKS


Aircraft log book
     1. The following entries shall be included in the aircraft log book—

    (1) the name of the constructor, the type of the aircraft, the number assigned to it by the constructor and the date of the construction of the aircraft;

    (2) the nationality and registration marks of the aircraft;

    (3) the name and address of the operator of the aircraft;

    (4) the date of each flight and the duration of the period between take-off and landing, or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day;

    (5) subject to paragraph (8), particulars of all maintenance work carried out on the aircraft or its equipment;

    (6) subject to paragraph (8), particulars of any defects occurring in the aircraft or in any equipment required to be carried therein by or under this Order, and of the action taken to rectify such defects including a reference to the relevant entries in the technical log or approved record required by article 15(2) and (3);

    (7) subject to paragraph (8), particulars of any overhauls, repairs, replacements and modifications relating to the aircraft or any such equipment as aforesaid;

    (8) entries shall not be required to be made under paragraphs (5), (6) and (7) in respect of any engine or variable pitch propeller.

Engine log book
     2. The following entries shall be included in the engine log book—

    (1) the name of the constructor, the type of engine, the number assigned to it by the constructor and the date of the construction of the engine;

    (2) the nationality and registration marks of each aircraft in which the engine is fitted;

    (3) the name and address of the operator of each such aircraft;

    (4) either—

    (5) particulars of all maintenance work done on the engine;

    (6) particulars of any defects occurring in the engine, and of the rectification of such defects, including a reference to the relevant entries in the technical log or approved record required by article 15(2) and (3);

    (7) particulars of all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.

Variable pitch propeller log book
     3. The following entries shall be included in the variable pitch propeller log book—

    (1) the name of the constructor, the type of propeller, the number assigned to it by the constructor and the date of the construction of the propeller;

    (2) the nationality and registration marks of each aircraft, and the type and number of each engine, to which the propeller is fitted;

    (3) the name and address of the operator of each such aircraft;

    (4) either—

    (5) particulars of all maintenance work done on the propeller;

    (6) particulars of any defects occurring in the propeller, and of the rectification of such defects, including a reference to the relevant entries in the technical log or approved record required by article 15(2) and (3);

    (7) particulars of any overhauls, repairs, replacements and modifications relating to the propeller.



SCHEDULE 7
Article 25(9)


AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHT NAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR SUITABLE NAVIGATIONAL EQUIPMENT ON PUBLIC TRANSPORT AIRCRAFT


The following areas are hereby specified for the purposes of article 25(9)—

Area A—Arctic
All that area north of latitude 68° north, but excluding any part within the area enclosed by rhumb lines joining successively the following points—

68° north latitude 00° east/west longitude
73° north latitude 15° east longitude
73° north latitude 30° east longitude
68° north latitude 45° east longitude
68° north latitude 00° east/west longitude

Area B—Antarctic
All that area south of latitude 55° south.

Area C—Sahara
All that area enclosed by rhumb lines joining successively the following points—

30° north latitude 05° west longitude
24° north latitude 11° west longitude
14° north latitude 11° west longitude
14° north latitude 28° east longitude
24° north latitude 28° east longitude
28° north latitude 23° east longitude
30° north latitude 15° east longitude
30° north latitude 05° west longitude

Area D—South America
All that area enclosed by rhumb lines joining successively the following points—

04° north latitude 72° west longitude
04° north latitude 60° west longitude
08° south latitude 42° west longitude
18° south latitude 54° west longitude
18° south latitude 60° west longitude
14° south latitude 72° west longitude
05° south latitude 76° west longitude
04° north latitude 72° west longitude

Area E—Pacific Ocean
All that area enclosed by rhumb lines joining successively the following points—

60° north latitude 180° east/west longitude
20° north latitude 128° east longitude
04° north latitude 128° east longitude
04° north latitude 180° east/west longitude
55° south latitude 180° east/west longitude
55° south latitude 82° west longitude
25° south latitude 82° west longitude
60° north latitude 155° west longitude
60° north latitude 180° east/west longitude

Area F—Australia
All that area enclosed by rhumb lines joining successively the following points—

18° south latitude 123° east longitude
30° south latitude 118° east longitude
30° south latitude 135° east longitude
18° south latitude 123° east longitude

Area G—Indian Ocean
All that area enclosed by rhumb lines joining successively the following points—

35° south latitude 110° east longitude
55° south latitude 180° east/west longitude
55° south latitude 10° east longitude
40° south latitude 10° east longitude
25° south latitude 60° east longitude
20° south latitude 60° east longitude
05° south latitude 43° east longitude
10° north latitude 55° east longitude
10° north latitude 73° east longitude
04° north latitude 77° east longitude
04° north latitude 92° east longitude
10° south latitude 100° east longitude
10° south latitude 110° east longitude
35° south latitude 110° east longitude

Area H—North Atlantic Ocean
All that area enclosed by rhumb lines joining successively the following points—

55° north latitude 15° west longitude
68° north latitude 28° west longitude
68° north latitude 60° west longitude
45° north latitude 45° west longitude
40° north latitude 60° west longitude
40° north latitude 19° west longitude
55° north latitude 15° west longitude

Area I—South Atlantic Ocean
All that area enclosed by rhumb lines joining successively the following points—

40° north latitude 60° west longitude
18° north latitude 60° west longitude
05° south latitude 30° west longitude
55° south latitude 55° west longitude
55° south latitude 10° east longitude
40° south latitude 10° east longitude
02° north latitude 05° east longitude
02° north latitude 10° west longitude
15° north latitude 25° west longitude
40° north latitude 19° west longitude
40° north latitude 60° west longitude

Area J—Northern Canada
All that area enclosed by rhumb lines joining successively the following points—

68° north latitude 130° west longitude
55° north latitude 115° west longitude
55° north latitude 70° west longitude
68° north latitude 60° west longitude
68° north latitude 130° west longitude

Area K—Northern Asia
All that area enclosed by rhumb lines joining successively the following points—

68° north latitude 56° east longitude
68° north latitude 160° east longitude
50° north latitude 125° east longitude
50° north latitude 56° east longitude
68° north latitude 56° east longitude

Area L—Southern Asia
All that area enclosed by rhumb lines joining successively the following points—

50° north latitude 56° east longitude
50° north latitude 125° east longitude
40° north latitude 110° east longitude
30° north latitude 110° east longitude
30° north latitude 80° east longitude
35° north latitude 80° east longitude
35° north latitude 56° east longitude
50° north latitude 56° east longitude



SCHEDULE 8
Articles 27, 28, 29, 30 and 31


FLIGHT CREW OF AIRCRAFT—LICENCES, RATINGS, QUALIFICATIONS AND MAINTENANCE OF LICENCE PRIVILEGES




PART A

Flight crew licences

SECTION 1

United Kingdom Licences

SUB-SECTION 1
Aeroplane pilots

Private Pilot's Licence (Aeroplanes)


Minimum age—17 years

No maximum period of validity

Privileges:

    (1) Subject to paragraph (2), the holder of a Private Pilot's Licence (Aeroplanes) shall be entitled to fly as pilot in command or co-pilot of an aeroplane of any of the types or classes specified or otherwise falling within an aircraft rating included in the licence.

    (2) He shall not—

Basic Commercial Pilot's Licence (Aeroplanes)


Minimum age—18 years

Maximum period of validity—10 years

Privileges:

    (1) The holder of a Basic Commercial Pilot's Licence (Aeroplanes) shall be entitled to exercise the privileges of a United Kingdom Private Pilot's Licence (Aeroplanes).

    (2) Subject to paragraphs (3) and (7), he shall be entitled to fly as pilot in command of an aeroplane of a type or class on which he is so qualified and which is specified in an aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever.

    (3) He shall not—

    (4) Subject to paragraph (5), he shall be entitled to fly as pilot in command of an aeroplane of a type or class specified in an instructor's rating included in the licence on a flight for the purpose of aerial work which consists of—

in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.

    (5) He shall not be entitled to exercise the privileges contained in paragraph (4) other than in an aeroplane which he is entitled to fly as pilot in command on a private flight, an aerial work flight or a public transport flight under the privileges set out in paragraph (1) or (2) of these privileges.

    (6) Subject to paragraph (7) he shall be entitled to fly as co-pilot of any aeroplane of a type specified in an aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever provided that he shall not be entitled to fly as co-pilot of an aeroplane which is engaged on a flight for the purpose of public transport unless he has more than 400 hours of flying experience as pilot in command of aeroplanes other than self-launching motor gliders and microlight aeroplanes and the aeroplane is certificated for single pilot operation.

    (7) He shall not at any time after he attains the age of 65 years act as pilot in command or co-pilot of any aeroplane on a flight for the purpose of public transport.

Commercial Pilot's Licence (Aeroplanes)


Minimum age—18 years

Maximum period of validity—10 years

Privileges:

    (1) The holder of a Commercial Pilot's Licence (Aeroplanes) shall be entitled to exercise the privileges of a United Kingdom Private Pilot's Licence (Aeroplanes) which includes an instrument meteorological conditions rating (aeroplanes) and a night rating (aeroplanes) or night qualification (aeroplane), and shall be entitled to fly as pilot in command of an aeroplane—

    (2) Subject to paragraphs (3) and (7), he shall be entitled to fly as pilot in command of an aeroplane of a type or class on which he is so qualified and which is specified in an aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever.

    (3) He shall not—

    (4) Subject to paragraph (5), he shall be entitled to fly as pilot in command of an aeroplane of a type or class specified in an instructor's rating included in the licence on a flight for the purpose of aerial work which consists of—

in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.

    (5) He shall not be entitled to exercise privileges contained in paragraph (4) other than in an aeroplane which he is entitled to fly as pilot in command on a private flight, an aerial work flight or a public transport flight under the privileges set out in paragraph (1) or (2) of these privileges.

    (6) Subject to paragraph (7) he shall be entitled to fly as co-pilot of any aeroplane of a type specified in an aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever.

    (7) He shall not at any time after he attains the age of 65 years act as pilot in command or co-pilot of any aeroplane on a flight for the purpose of public transport.

Airline Transport Pilot's Licence (Aeroplanes)


Minimum age—21 years

Maximum period of validity—10 years

Privileges:

The holder of an Airline Transport Pilot's Licence (Aeroplanes) shall be entitled to exercise the privileges of a United Kingdom Commercial Pilot's Licence (Aeroplanes) except that sub-paragraph (3)(f) of those privileges shall not apply.

SUB-SECTION 2

Helicopter and gyroplane pilots

Private Pilot's Licence (Helicopters)


Minimum age—17 years

No maximum period of validity

Privileges:

    (1) Subject to paragraph (2), the holder of a Private Pilot's Licence (Helicopters) shall be entitled to fly as pilot in command or co-pilot of any helicopter of a type specified in an aircraft rating included in the licence.

    (2) He shall not—

Private Pilot's Licence (Gyroplanes)


Minimum age—17 years

No maximum period of validity

Privileges:

    (1) Subject to paragraph (2), the holder of a Private Pilot's Licence (Gyroplanes) shall be entitled to fly as pilot in command or co-pilot of any gyroplane of a type specified in the aircraft rating included in the licence.

    (2) He shall not—

Commercial Pilot's Licence (Helicopters and Gyroplanes)


Minimum age—18 years

Maximum period of validity—10 years

Privileges:

    (1) Subject to paragraphs (2) and (5), the holder of a Commercial Pilot's Licence (Helicopters and Gyroplanes) shall be entitled—

    (2) He shall not—

    (3) Subject to paragraphs (4) and (5) he shall be entitled to fly as co-pilot of any helicopter or gyroplane of a type specified in an aircraft rating included in the licence when the helicopter or gyroplane is engaged on a flight for any purpose whatsoever.

    (4) He shall not—

    (5) He shall not at any time after he attains the age of 65 years act as pilot in command or co-pilot of any helicopter or gyroplane on a flight for the purpose of public transport.

Airline Transport Pilot's Licence (Helicopters and Gyroplanes)


Minimum age—21 years

Maximum period of validity—10 years

Privileges:

The holder of an Airline Transport Pilot's Licence (Helicopters and Gyroplanes) shall be entitled to exercise the privileges of a United Kingdom Commercial Pilot's Licence (Helicopters and Gyroplanes) except that sub-paragraphs (2)(b) and (2)(g) of those privileges shall not apply.

SUB-SECTION 3

Balloon and airship pilots

Private Pilot's Licence (Balloons and Airships)


Minimum age—17 years

No maximum period of validity

Privileges:

    (1) Subject to paragraph (2), the holder of a Private Pilot's Licence (Balloons and Airships) shall be entitled to fly as pilot in command of any type of balloon or airship on which he is so qualified and which is specified in an aircraft rating in the licence and co-pilot of any type of balloon or airship specified in such a rating.

    (2) He shall not—

Commercial Pilot's Licence (Balloons)


Minimum age—18 years

Maximum period of validity—10 years

Privileges:

    (1) The holder of a Commercial Pilot's Licence (Balloons) shall be entitled to exercise the privileges of a United Kingdom Private Pilot's Licence (Balloons and Airships).

    (2) Subject to paragraph (3), he shall be entitled to fly, when the balloon is flying for any purpose whatsoever, as pilot in command or co-pilot of any type of balloon specified in the aircraft rating included in the licence.

    (3) He shall not act as pilot in command on a flight for the purpose of the public transport of passengers unless he has within the immediately preceding 90 days carried out as pilot in command in a free balloon at least 3 flights each of not less than 5 minutes duration.

Commercial Pilot's Licence (Airships)


Minimum age—18 years

Maximum period of validity—10 years

Privileges:

    (1) The holder of a Commercial Pilot's Licence (Airships) shall be entitled to exercise the privileges of a United Kingdom Private Pilot's Licence (Balloons and Airships).

    (2) He shall be entitled to fly, when the airship is flying for any purpose whatsoever, as pilot in command of any type of airship on which he is so qualified and which is specified in an aircraft rating included in the licence and as co-pilot of any type of airship specified in such a rating.

SUB-SECTION 4

Glider pilots

Commercial Pilot's Licence (Gliders)


Minimum age—18 years

Maximum period of validity—10 years

Privileges:

The holder of a Commercial Pilot's Licence (Gliders) shall be entitled to fly for any purpose as pilot in command or co-pilot of—

SUB-SECTION 5

Other flight crew

Flight Navigator's Licence


Minimum age—21 years

Maximum period of validity—10 years

Privileges:

The holder of a Flight Navigator's Licence shall be entitled to act as flight navigator in any aircraft.

Flight Engineer's Licence


Minimum age—21 years

Maximum period of validity—10 years

Privileges:

The holder of a Flight Engineer's Licence shall be entitled to act as flight engineer in any type of aircraft specified in an aircraft rating included in the licence.

Flight Radiotelephony Operator's Licence


Minimum age—16 years

Maximum period of validity—10 years

Privileges:

The holder of a Flight Radiotelephony Operator's Licence shall be entitled to operate radiotelephony apparatus in any aircraft if the stability of the frequency radiated by the transmitter is maintained automatically but shall not be entitled to operate the transmitter, or to adjust its frequency, except by the use of external switching devices.

SECTION 2

JAR-FCL Licences

SUB-SECTION 1

Aeroplane pilots

Private Pilot Licence (Aeroplane)


Minimum age—17 years

Maximum period of validity—5 years

Privileges and conditions:

    (1) Subject to any conditions specified in respect of the licence, the privileges of the holder of a Private Pilot Licence (Aeroplane) are to act, but not for remuneration, as pilot in command or co-pilot of any aeroplane specified in a class or type rating included in Part XII of the licence engaged in non-revenue flights.

    (2) The licence is subject to the conditions and restrictions specified in paragraph 1.175 of Section 1 of JAR-FCL 1.

    (3) The holder shall not—

Commercial Pilot Licence (Aeroplane)


Minimum age—18 years

Maximum period of validity—5 years

Privileges and conditions:

    (1) Subject to any conditions specified in respect of the licence, the privileges of the holder of a Commercial Pilot Licence (Aeroplane) are to—

    (2) The licence is subject to the conditions and restrictions specified in paragraph 1.175 of Section 1 of JAR-FCL 1.

    (3) The holder shall not—

    (4) The holder shall be entitled subject to paragraph (5), to fly as pilot in command of an aeroplane of a type or class specified in any flying instructor's rating, class rating instructor rating, flight instructor rating or assistant flying instructor's rating included in the licence on a flight for the purpose of aerial work which consists of—

in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.

    (5) The holder shall not be entitled to exercise privileges contained in paragraph (4) other than in an aeroplane which he is entitled to fly as pilot in command on a private flight, an aerial work flight or a public transport flight under the privileges set out in paragraph (1) or (2) of these privileges.

Curtailment of privileges of licence holders aged 60 years or more

    (6) The holder of a licence who has attained the age of 60 years but not attained the age of 65 years shall not act as a pilot of an aeroplane on a public transport flight except where the holder is:

    (7) The holder of a licence who has attained the age of 65 years shall not act as a pilot of an aeroplane on a public transport flight.

Airline Transport Pilot Licence (Aeroplane)


Minimum age—21 years

Maximum period of validity—5 years

Privileges and conditions:

    (1) Subject to any conditions specified in respect of the licence, the privileges of the holder of an Airline Transport Pilot Licence (Aeroplane) are to—

    (2) The licence is subject to the conditions and restrictions specified in paragraph 1.175 of Section 1 of JAR-FCL 1.

Curtailment of privileges of licence holders aged 60 years or more

    (3) The holder of a licence who has attained the age of 60 years but not attained the age of 65 years shall not act as a pilot of an aeroplane on a public transport flight except where the holder is—

    (4) The holder of a licence who has attained the age of 65 years shall not act as a pilot of an aeroplane on a public transport flight.

SUB-SECTION 2

Helicopter pilots

Private Pilot Licence (Helicopter)


Minimum age—17 years

Maximum period of validity—5 years

Privileges and conditions:

    (1) Subject to any conditions specified in respect of the licence, the privileges of the holder of a Private Pilot Licence (Helicopter) are to act, but not for remuneration, as pilot in command or co-pilot of any helicopter included in a type rating in Part XII of the licence engaged in non-revenue flights.

    (2) The licence is subject to the conditions and restrictions specified in paragraph 2.175 of Section 1 of JAR-FCL 2.

    (3) The holder shall not—

Commercial Pilot Licence (Helicopter)


Minimum age—18 years

Maximum period of validity—5 years

Privileges and conditions:

    (1) Subject to any conditions specified in respect of the licence, the privileges of the holder of a Commercial Pilot Licence (Helicopter) are to—

    (2) The licence is subject to the conditions and restrictions specified in paragraph 2.175 of Section 1 of JAR-FCL 2.

    (3) The holder shall not fly as pilot in command on a flight for the purpose of public transport unless he complies with the requirements of paragraph 3.960(a)(2) of Section 1 of JAR-OPS 3.

    (4) The holder shall not—

Curtailment of privileges of licence holders aged 60 years or more

    (5) The holder of a licence who has attained the age of 60 years but not attained the age of 65 years shall not act as a pilot of a helicopter on a public transport flight except where the holder is—

    (6) The holder of a licence who has attained the age of 65 years shall not act as a pilot of a helicopter on a public transport flight.

Airline Transport Pilot Licence (Helicopter)


Minimum age—21 years

Maximum period of validity—5 years

Privileges and conditions:

    (1) Subject to any conditions specified in respect of the licence, the privileges of the holder of an Airline Transport Pilot Licence (Helicopter) are to—

    (2) The holder shall not fly as pilot in command on a flight for the purpose of public transport unless he complies with the requirements of paragraph 3.960(a)(2) of Section 1 of JAR-OPS 3.

Curtailment of privileges of licence holders aged 60 years or more

    (3) The holder of a licence who has attained the age of 60 years but not attained the age of 65 years shall not act as a pilot of a helicopter on a public transport flight except where the holder is—

    (4) The holder of a licence who has attained the age of 65 years shall not act as a pilot of a helicopter on a public transport flight.

SECTION 3

National Private Pilot's Licence (Aeroplanes)

National Private Pilot's Licence (Aeroplanes)


Minimum age—17 years

No maximum period of validity

Privileges and conditions:

    (1) Subject to paragraphs (2), (3), (4), (5), (6) and (7) the holder of the licence shall be entitled to fly as pilot in command of any simple single engine aeroplane, microlight aeroplane or SLMG specified or otherwise falling within an aircraft rating included in the licence.

Flight outside the United Kingdom

    (2) He shall not fly—

Flight for purpose of public transport and aerial work

    (3) He shall not fly any such aeroplane for the purpose of public transport or aerial work except in the circumstances specified in paragraph (4).

    (4) The circumstances referred to in paragraph (3) are that he flies such an aeroplane for the purpose of aerial work which consists of towing another aeroplane or glider in flight—

Prohibitions on flight in specified conditions

    (5) He shall not fly—

Carriage of persons

    (6) He shall not fly as pilot in command of any such aeroplane—

Differences training

    (7) He shall not fly—



PART B

Ratings and qualifications

     1. The following ratings may be included in a pilot's licence granted under Part 4, and, subject to the provisions of this Order and of the licence, the inclusion of a rating in a licence shall have the consequences respectively specified as follows—

Aircraft rating: The rating shall entitle the holder of the licence to act as pilot of aircraft of the types and classes specified in an aircraft rating included in the licence and different types and classes of aircraft may be specified in respect of different privileges of a licence.

Instrument meteorological conditions rating (aeroplanes)

    (1) Subject to paragraph (2) the rating shall within the United Kingdom—

    (2) The rating shall not entitle the holder of the licence to fly—

Instrument rating (aeroplane) shall entitle the holder of the licence to act as pilot in command or co-pilot of an aeroplane flying in controlled airspace in circumstances which require compliance with the Instrument Flight Rules.

Instrument rating (helicopter) shall entitle the holder of the licence to act as pilot in command or co-pilot of a helicopter flying in controlled airspace in circumstances which require compliance with the Instrument Flight Rules.

Microlight class rating shall, when included in the aircraft rating of a National Private Pilot's Licence (Aeroplanes) or a United Kingdom Private Pilot's Licence (Aeroplanes) and subject to the conditions of the licence in which it is included, entitle the holder to act as pilot in command of any microlight aeroplane.

Night rating (aeroplanes) shall entitle the holder of a United Kingdom Private Pilot's Licence (Aeroplanes) or a United Kingdom Basic Commercial Pilot's Licence (Aeroplanes) to act as pilot in command of an aeroplane at night.

Night qualification (aeroplane) shall entitle the holder of a United Kingdom Private Pilot's Licence (Aeroplanes), a JAR-FCL Private Pilot Licence (Aeroplane) or a United Kingdom Basic Commercial Pilot's Licence (Aeroplanes) to act as pilot in command of an aeroplane at night.

Night rating (helicopters) shall entitle the holder of a United Kingdom Private Pilot's Licence (Helicopters) to act as pilot in command of a helicopter at night.

Night qualification (helicopter) shall entitle the holder of either a United Kingdom Private Pilot's Licence (Helicopters) or a JAR-FCL Private Pilot Licence (Helicopter) to act as pilot in command of a helicopter at night.

Night rating (gyroplanes) shall entitle the holder of a United Kingdom Private Pilot's Licence (Gyroplanes) to act as pilot in command of a gyroplane at night.

Simple single engine aeroplane (NPPL) class rating shall, when included in the aircraft rating of a National Private Pilot's Licence (Aeroplanes) and subject to the conditions of that licence, entitle the holder to act as pilot in command of any simple single engine aeroplane with a maximum take off weight authorised not exceeding 2,000 kg excluding any such aeroplane which is a self-launching motor glider or a microlight aeroplane.

SLMG class rating shall, when included in the aircraft rating of a National Private Pilot's Licence (Aeroplanes) or a United Kingdom Private Pilot's Licence (Aeroplanes) and subject to the conditions of the licence in which it is included, entitle the holder to act as pilot in command of any SLMG.

Towing rating (flying machines) shall entitle the holder of the licence to act as pilot of a flying machine while towing a glider in flight for the purpose of public transport or aerial work.

Flying instructor's rating shall entitle the holder of the licence to give instruction in flying aircraft of such types and classes as may be specified in the rating for that purpose.

Assistant flying instructor's rating shall entitle the holder of the licence to give instruction in flying aircraft of such types and classes as may be specified in the rating for that purpose provided that—

Flight instructor rating (aeroplane) shall entitle the holder of the licence to give instruction in flying aircraft of such types and classes as may be specified in the rating for that purpose subject to the restrictions specified below.

Flight instructor rating (aeroplane)—Restrictions

Restricted period

    (1) Until the holder of a flight instructor rating (aeroplane) has completed at least 100 hours flight instruction and, in addition, has supervised at least 25 solo flights by students, the privileges of the rating shall be restricted.

    (2) The restrictions shall be removed from the rating when the above requirements have been met and on the recommendation of the supervising flight instructor (aeroplane).

Restricted privileges

    (3) The privileges shall be restricted to carrying out under the supervision of the holder of a flight instructor rating (aeroplane) approved for this purpose—

Flight instructor rating (helicopter) shall entitle the holder of the licence to give instruction in flying helicopters of such types as may be specified in the rating for that purpose subject to the restrictions specified below.

Flight instructor rating (helicopter)—Restrictions

Restricted period

    (1) Until the holder of a flight instructor rating (helicopter) has completed at least 100 hours flight instruction and, in addition, has supervised at least 25 solo flights by students, the privileges of the rating shall be restricted.

    (2) The restrictions shall be removed from the rating when the above requirements have been met and on the recommendation of the supervising flight instructor (helicopter).

Restricted privileges

    (3) The privileges shall be restricted to carrying out under the supervision of the holder of a flight instructor rating (helicopter) approved for this purpose—

Type rating instructor rating (multi-pilot aeroplane) shall entitle the holder to instruct licence holders for the issue of a multi-pilot aeroplane type rating, including the instruction required for multi-crew co-operation.

Type rating instructor rating (helicopter) shall entitle the holder to instruct licence holders for the issue of a type rating, including the instruction required for multi-crew co-operation as applicable.

Class rating instructor rating (single-pilot aeroplane) shall entitle the holder to instruct licence holders for the issue of a type or class rating for single-pilot aeroplanes.

Instrument rating instructor rating (aeroplane) shall entitle the holder to conduct flight instruction for the issue of an instrument rating (aeroplane) or an instrument meteorological conditions rating (aeroplanes).

Instrument rating instructor rating (helicopter) shall entitle the holder to conduct flight instruction for the issue of an instrument rating (helicopter).

     2. An aircraft rating included in a flight engineer's licence shall entitle the holder of the licence to act as flight engineer only of aircraft of a type specified in the aircraft rating.

     3. For the purposes of this Schedule—



PART C

Maintenance of licence privileges

SECTION 1

Requirement for Certificate of Test or Experience

     1. Appropriateness of certificate


Certificate of test
     2. A certificate of test required by article 28, 30(2) or 31(1) shall be signed by a person authorised by the CAA to sign certificates of this kind and shall certify the following particulars—

Nature of test
     3. The appropriate test referred to in paragraph 2 above shall be—

Period of validity of certificate of test
     4. A certificate of test—

Certificate of experience
     5. A certificate of experience required by article 28 or 30(2) shall be signed by a person authorised by the CAA to sign such a certificate and shall certify the following particulars—

Period of experience
     6. A certificate of experience shall not be valid unless the experience was gained within the period of 13 months preceding the signing of the certificate in the case of Cases A, E and F, or 6 months preceding the signing of the certificate in the case of Case D.

Period of validity of certificate of experience
     7. A certificate of experience in respect of a Commercial Pilot's Licence (Balloons) shall not be valid for more than 13 months after it was signed and in respect of any other licence shall not be valid for more than 6 months after it was signed for Case D nor for more than 13 months after it was signed for any other case.

SECTION 2

Requirement for Certificate of Revalidation

     1. Appropriate certificate of revalidation
A certificate of revalidation required by article 29 or 31(2) shall not be appropriate to the exercise of the privileges of a flight crew licence unless it is a certificate which accords with this Section.

     2. Type and class ratings


    (1) Aeroplane type and class ratings

    (2) Helicopter type ratings

    (3) Flight engineer type ratings

     3. Forms of certificate of revalidation


    (1) A certificate of revalidation required by article 29 or 31(2) shall be signed by a person authorised by the CAA to sign certificates of this kind and shall certify—

    (2) The requirements for revalidation of a rating listed in Column 1 are those set out in Column 2 of the following Table—

Rating Paragraph in Section 1 of JAR-FCL 1 or 2
Instrument rating (aeroplane) 1.185
Instrument rating (helicopter) 2.185
Flight Instructor (aeroplane) 1.355
Flying instructor's rating (aeroplanes)           
Assistant flying instructor's rating (aeroplanes)           
Flight instructor (helicopter) 2.355
Flying instructor's rating (helicopters)           
Assistant flying instructor's rating (helicopters)           
Type rating instructor rating (multi-pilot aeroplane) 1.370
Type rating instructor rating (helicopter) 2.370
Class rating instructor rating (single pilot aeroplane) 1.385
Instrument rating instructor rating (aeroplane) 1.400
Instrument rating instructor rating (helicopter) 2.400

SECTION 3

Maintenance of Validity of National Private Pilot's Licence (Aeroplanes)

     1. A simple single engine aeroplane (NPPL) class rating included in a National Private Pilot's Licence (Aeroplanes) shall not be valid for the purposes of article 30(1) unless the provisions of this Section have been complied with.

     2. A simple single engine aeroplane (NPPL) class rating shall be valid if either—



SCHEDULE 9
Articles 38(3), 40(3) and 42(3)


PUBLIC TRANSPORT—OPERATIONAL REQUIREMENTS




PART A

Operations manual

     1. Information and instructions relating to the following matters shall be included in the operations manual referred to in article 38(2)—

     2. In relation to any flight which is not one of a series of flights between the same two places it shall be sufficient if, to the extent that it is not practicable to comply with sub-paragraphs (j) and (l), the manual contains such information and instructions as will enable the equivalent data to be ascertained before take-off.



PART B

Training manual

The following information and instructions in relation to the training, experience, practice and periodical tests required under article 42(3) shall be included in the training manual referred to in article 40(3)—



PART C

Crew training and tests

     1. The training, experience, practice and periodical tests required under article 42(3) for members of the crew of an aircraft engaged on a flight for the purpose of public transport shall be as specified in paragraph 2.

     2. —(1) Crew

    (2) Pilots

    (3) Flight engineers

    (4) Flight navigators and flight radiotelephony operators

Every flight navigator and flight radiotelephony operator whose inclusion in the flight crew is required under article 25(9) and (11) respectively shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in conditions corresponding to those likely to be encountered on the flight—

    (5) Aircraft commanders

    (6) Definitions and validity periods

For the purposes of this Part—

     3. The records required to be maintained by an operator under article 42(4) shall be accurate and up-to-date records so kept as to show, on any date, in relation to each person who has during the period of 2 years immediately preceding that date flown as a member of the crew of any public transport aircraft operated by that operator—

     4. The operator shall whenever called upon to do so by any authorised person produce for the inspection of any person so authorised all records referred to in paragraph 3 and furnish to any such person all such information as he may require in connection with any such records and produce for his inspection all log books, certificates, papers and other documents, whatsoever which he may reasonably require to see for the purpose of determining whether such records are complete or of verifying the accuracy of their contents.

     5. The operator shall at the request of any person in respect of whom he is required to keep records as aforesaid furnish to that person, or to any operator of aircraft for the purpose of public transport by whom that person may subsequently be employed, particulars of any qualifications in accordance with this Schedule obtained by such person whilst in his service.



SCHEDULE 10
Articles 86 and 88


DOCUMENTS TO BE CARRIED


Circumstances in which documents are to be carried
     1. —(1) On a flight for the purpose of public transport Documents A, B, C, D, E, F, H and, if the flight is international air navigation, Documents G and I shall be carried.

    (2) On a flight for the purpose of aerial work Documents A, B, C, E, F and, if the flight is international air navigation, Documents G and I shall be carried.

    (3) On a private flight, being international air navigation Documents A, B, C, G and I shall be carried.

    (4) On a flight made in accordance with the terms of a permission granted to the operator under article 21 Document J shall be carried.

Description of documents
     2. For the purposes of this Schedule—

    (1) "Document A" means the licence in force under the Wireless Telegraphy Act 1949[
51] in respect of the aircraft radio station installed in the aircraft;

    (2) "Document B" means the certificate of airworthiness in force in respect of the aircraft; provided that, where the certificate of airworthiness includes the flight manual for the aircraft, with the permission of the CAA, an aircraft to which article 38 applies need not carry the flight manual as part of this document;

    (3) "Document C" means the licences of the members of the flight crew of the aircraft;

    (4) "Document D" means one copy of the load sheet, if any, required by article 43 in respect of the flight;

    (5) "Document E" means one copy of each certificate of maintenance review, if any, in force in respect of the aircraft;

    (6) "Document F" means the technical log, if any, in which entries are required to be made under article 15;

    (7) "Document G" means the certificate of registration in force in respect of the aircraft;

    (8) "Document H" means those parts of the operations manual, if any, required by article 38(2)(c) to be carried on the flight;

    (9) "Document I" means a copy of the notified procedures to be followed by the pilot in command of an intercepted aircraft, and the notified visual signals for use by intercepting and intercepted aircraft;

    (10) "Document J" means the permission, if any, granted in respect of the aircraft under article 21; provided that, with the permission of the CAA, an aircraft to which article 38 applies need not carry such a permission if it carries an operations manual which includes the particulars specified at sub-paragraph 1(q) of Part A of Schedule 9.

Definitions
     3. For the purposes of this Schedule—



SCHEDULE 11
Article 108


AIR TRAFFIC CONTROLLERS—LICENCES, RATINGS, ENDORSEMENTS AND MAINTENANCE OF LICENCE PRIVILEGES




PART A

Air traffic controller licences

Air Traffic Controller's Licence
     1. —(1) The minimum age at which a person may be granted an Air Traffic Controller's Licence shall be 20 years.

    (2) There shall be no maximum period of validity for an Air Traffic Controller's Licence.

    (3) The privileges of an Air Traffic Controller's Licence are to—

Student Air Traffic Controller's Licence
     2. —(1) The minimum age at which a person may be granted a Student Air Traffic Controller's Licence shall be 18 years.

    (2) The maximum period of validity for a Student Air Traffic Controller's Licence shall be two years.

    (3) The privileges of a Student Air Traffic Controller's Licence are to act as an air traffic controller under the supervision of another person who is present at the time and who—



PART B

Ratings, rating endorsements and licence endorsements

Inclusion of ratings, rating endorsements and licence endorsements
     1. Ratings, rating endorsements and licence endorsements of the classes contained in paragraphs 3 and 4 may be included in an air traffic controller's licence granted under article 108 and, subject to the provisions of this Order and of the licence, the inclusion of a rating, rating endorsement or licence endorsement shall have the consequences respectively specified.

Exercise of more than one function
     2. —(1) Subject to sub-paragraphs (2) and (3), the holder of a licence which includes ratings of two or more of the classes specified in paragraph 3 shall not at any one time perform the functions specified in respect of more than one of those ratings.

    (2) The functions of the following ratings may be exercised at the same time—

    (3) When a surveillance radar approach terminating at a point less than 2 nautical miles from the point of intersection of the glide path with the runway is being provided under an approach control surveillance rating, no other function under the approach control surveillance rating shall be exercised at the same time.

Ratings and Rating Endorsements
     3. —(1) There shall be the following classes of aerodrome control ratings and endorsements—

    (2) There shall be the following classes of approach control ratings and endorsements—

    (3) There shall be the following classes of area control ratings and endorsements—

Licence Endorsements
     4. —(1) An Examiner Licence Endorsement shall entitle the holder to sign a unit licence endorsement in respect of—

    (2) An On the Job Training Instructor Licence Endorsement shall entitle the holder to supervise and give operational air traffic control instruction to the holder of a Student Air Traffic Controller's or Air Traffic Controller's Licence in relation to an air traffic control service which his Air Traffic Controller's Licence entitles him to provide.

    (3) A Unit Licence Endorsement—



SCHEDULE 12
Article 125


AIR TRAFFIC SERVICE EQUIPMENT—RECORDS REQUIRED AND MATTERS TO WHICH THE CAA MAY HAVE REGARD




PART A

Records to be kept in accordance with article 125(1)

    (1) A record of any functional tests, flight checks and particulars of any maintenance, repair, overhaul, replacement or modification.

    (2) Subject to paragraph (3), the record shall be kept in a legible or a non-legible form so long as the record is capable of being reproduced by the person required to keep the record in a legible form and it shall be so reproduced by that person if requested by an authorised person.

    (3) In any particular case the CAA may direct that the record is kept or be capable of being reproduced in such a form as it may specify.



PART B

Records required in accordance with article 125(4)(c)

Each record made by the apparatus provided in compliance with article 125(2) or (3) shall be adequately identified and in particular shall include—



PART C

Matters to which the CAA may have regard in granting an approval of apparatus in accordance with article 125(5)

    (1) The purpose for which the apparatus is to be used.

    (2) The manner in which the apparatus has been specified and produced in relation to the purpose for which it is to be used.

    (3) The adequacy, in relation to the purpose for which the apparatus is to be used, of the operating parameters of the apparatus (if any).

    (4) The manner in which the apparatus has been or will be operated, installed, modified, maintained, repaired and overhauled.

    (5) The manner in which the apparatus has been or will be inspected.



SCHEDULE 13
Article 128(7)


AERODROME MANUAL


Information and instructions relating to the following matters shall be included in the aerodrome manual referred to in article 128—



SCHEDULE 14
Article 148


PENALTIES




PART A

Provisions referred to in article 148(5)

Article of Order Subject Matter
3 Aircraft flying unregistered
5 Aircraft flying with false or incorrect markings
14(1)(a) Flight without appropriate maintenance
14(1)(b) Flight without a certificate of maintenance review
15 Failure to keep a technical log
16 Flight without a certificate of release to service issued under the Order or under paragraph 21A.163(d) of Part 21
17 Flight without a certificate of release to service issued under Part 145
18(7) and (8) Exercise of privileges of aircraft maintenance engineer's licence or an aircraft maintenance licence whilst unfit or drunk etc.
19 Flight without required equipment
20 Flight without required radio communication or radio navigation equipment
21 Minimum equipment requirements
22 Failure to keep log books
23 Requirement to weigh aircraft and keep weight schedule
25 Crew requirement
28, 30(2) and 31(1) Requirement for appropriate certificate of test or experience
29 and 31(2) Requirement for appropriate certificate of revalidation
30(1) Requirement for valid rating
32(1) Flight without valid medical certificate
32(4) Flight in unfit condition
33(1) Prohibition of flight after failure of test
36 Instruction in flying without appropriate licence and rating
38 Operations manual requirement
39 Police operations manual requirement
40 Training manual requirement
42 Operator's responsibilities in connection with crew
43 Requirements for loading aircraft
44 and 45 Operational restrictions on aeroplanes and helicopters
46 Prohibition on public transport flights at night or in Instrument Meteorological Conditions by non-United Kingdom registered single engined aeroplanes
47 Aerodrome operating minima—United Kingdom registered public transport aircraft
48 Aerodrome operating minima—public transport aircraft registered elsewhere than in the United Kingdom
49 Aerodrome operating minima—non-public transport aircraft
50 Requirement for pilot to remain at controls
52 Pre-flight action by commander of aircraft
53 Requirement for passenger briefing
54 Additional duties of commander on flight for public transport of passengers
55 Requirement for radio station in aircraft to be licensed and for operation of same
56 Requirement for minimum navigation performance equipment
57 Requirement for height keeping performance equipment—aircraft registered in the United Kingdom
58 Requirement for height keeping performance equipment—aircraft registered elsewhere than in the United Kingdom
59 Requirement for area navigation equipment and required navigation performance—aircraft registered in the United Kingdom
60 Requirement for area navigation equipment and required navigation performance—aircraft registered elsewhere than in the United Kingdom
61 Requirement for an airborne collision avoidance system
62 Use of flight recording systems and preservation of records
63 Towing of gliders
65 Towing, picking up and raising of persons and articles by aircraft
66 Dropping of articles and animals from aircraft
67 Dropping of persons and requirement for parachuting permission
68 Requirement for aerial application certificate
71 Carriage of persons in or on any part of an aircraft not designed for that purpose
72 Requirement for exits and break-in markings
76 Prohibition of smoking in aircraft
77 Requirement to obey lawful commands of aircraft commander
78(a) and (b) Acting in a disruptive manner
79 Prohibition of stowaways
80 Flying displays
82(3) Operator's obligation to obtain flight time records of flight crew
83(2) Flight crew member's obligation to inform operator of flight times
84 Flight time limitations for flight crew
95 Breach of the Rules of the Air
96 Flight in contravention of restriction of flying regulations
97 Flight by balloons, kites, airships, gliders and parascending parachutes
98 Flight by small aircraft
99 Launching of rockets
101 Requirement for an approved provider of air traffic services to be satisfied as to competence of air traffic controllers
103 Provision of air traffic services
104 Requirement to comply with an air traffic direction
105 Requirement to comply with an airspace policy direction
106 Use of radio call signs at aerodromes
107 Requirement for licensing of air traffic controllers
121 Requirement for licensing of flight information service officers
123 Requirement for flight information service manual
124 Use of air traffic service equipment
125 Requirement to keep air traffic service equipment records
126 Requirement for use of licensed aerodrome
128(4) Contravention of conditions of aerodrome licence
132 Use of aeronautical lights
133 Requirement to light en-route obstacles
134 Requirement to light offshore wind turbine generators
135(1) Prohibition of dangerous lights
135(2) Failure to extinguish or screen dangerous lights
137(1) and (3) Management of aviation fuel at aerodromes
146 Obstruction of persons performing duties under the Order



PART B

Provisions referred to in article 148(6)

Article of Order Subject Matter
6 Flight for the purpose of public transport without an air operator's certificate
7 Flight in the service of a police authority without a police air operator's certificate
8 Flight without a certificate of airworthiness
26 Requirement to hold an appropriate flight crew licence
69 Prohibition of carriage of weapons and munitions of war
70(2) Requirements for the carriage of dangerous goods
74 Endangering safety of persons or property
75 Prohibition of drunkenness in aircraft
78(c) Intentional interference
82(1) Operator's obligation to regulate flight times of crew
82(2) Operator's obligation not to allow flight by crew in dangerous state of fatigue
83(1) Crew's obligation not to fly in dangerous state of fatigue
85 Protection of air crew from cosmic radiation
87 Keeping and production of records of exposure to cosmic radiation
94 (except (3) Use of false or unauthorised documents and records
100 Provision of an air traffic control service without an approval
115 Controller's obligation not to act in a dangerous state of fatigue
116 Prohibition of acting under the influence of drink or a drug
137(4) Use of aviation fuel which is unfit for use in aircraft
138 Restriction of carriage for valuable consideration by aircraft registered elsewhere than in the United Kingdom
140 Restriction of flights for aerial photography, aerial survey and aerial work by aircraft registered elsewhere than in the United Kingdom
141 Operators' or commanders' obligations in respect of flights over any foreign country
142(5), (6) and (7) Failure to report an occurrence
142(8) Making a false occurrence report
144 Flight in contravention of direction not to fly



PART C

Provisions referred to in article 148(7)

Article of Order Subject Matter
73 Endangering safety of aircraft



SCHEDULE 15
Article 150


PARTS OF STRAITS SPECIFIED IN CONNECTION WITH THE FLIGHT OF AIRCRAFT IN TRANSIT OVER UNITED KINGDOM TERRITORIAL WATERS


     1. The following parts of the straits named hereafter are hereby specified for the purposes of article 150(4);—

    (1) in the Straits of Dover, the territorial waters adjacent to the United Kingdom which are—

    (2) in the North Channel, the territorial waters adjacent to the United Kingdom which are—

    (3) in the Fair Isle Channel, the territorial waters adjacent to the United Kingdom which are—

     2. The parts of each of the Straits specified in paragraph 1 are shown hatched on Charts A, B and C respectively.

CHART A

Click here to view Chart A


CHART B


Click here to view Chart A


CHART C


Click here to view Chart A




EXPLANATORY NOTE

(This note is not part of the Order)


     1. Changes consequential upon the establishment of the European Aviation Safety Agency and its Implementing Rules


    (1) Changes are made to reflect the fact that certificate of airworthiness for most categories of United Kingdom registered aircraft are now issued under Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency[
53] (defined as "the Basic EASA Regulation") and implementing rules made under that regulation.

    (2) Aircraft which are subject to the Basic EASA Regulation are defined as EASA aircraft.

    (3) For a transitional period the circumstances in which an EASA permit to fly may be issued to an EASA aircraft are the same as those for the issue of a national permit to fly (article 12 made under section 2(2) of the European Communities Act 1972[54]).

    (4) An EASA aircraft to which the EASA implementing rule entitled Part 145 applies shall not fly unless there is in force a certificate of release to service issued under that Part (article 17 made under section 2(2) of the European Communities Act 1972[55]).

    (5) The equipment required to be carried in an EASA aircraft must be installed in a manner approved by EASA (articles 19, 20, 56, 57 and 59).

    (6) Performance classes 1, 2 and 3 for helicopters are defined and are used in place of performance groups specified in the certificate of airworthiness as criteria to determine the carriage of equipment and the applicable performance requirements for helicopters flying for the purpose of public transport (article 19 and Schedule 4 and articles 45 and 155).

    (7) Aeroplanes flying for the purpose of public transport are required to comply with the performance requirements specified in JAR OPS 1 adopted by the Joint Aviation Authority. The CAA may permit aircraft to continue to comply instead with the performance requirements set out in the Air Navigation (General) Regulations 2005 (article 44).

     2. Requirement for carriage of Mode S secondary surveillance radar equipment
New and more capable secondary surveillance radar equipment known as Mode S must be carried by specified categories of aircraft when flying within busy airspace around major airports and along major airways (Schedule 5 and Scale E2 and E3).

     3. Requirement for carriage of airborne collision avoidance system
Specified categories of aeroplanes registered in the United Kingdom must be equipped with an airborne collision avoidance system if flying for the purpose of public transport or flying within the airspace of any member of the European Civil Aviation Conference. Any such aircraft, wherever it is registered, must be so equipped when flying in the United Kingdom (Schedule 5 and Scale J).

     4. Requirement for carriage of area navigation systems in designated airspace


    (1) Designated required navigation performance airspace is defined. United Kingdom registered aircraft must not fly within such airspace, wherever in the world it may be, unless equipped with area navigation systems capable of maintaining the navigation performance capability specified for the airspace (unless otherwise authorised by the appropriate air traffic control unit) (article 59).

    (2) Aircraft which are registered elsewhere than in the United Kingdom must not fly within any such airspace in the United Kingdom unless equipped with area navigation systems which comply with the law of the country in which they are registered and that equipment is capable of maintaining the navigation performance capability notified for the airspace (article 60).

     5. Lighting of offshore wind turbine generators
Wind turbine generators situated offshore within United Kingdom territorial waters must be fitted with obstacle lighting (article 134).

     6. Requirements for carriage of Emergency Locator Transmitter and means of measuring outside air temperature


    (1) An aeroplane or helicopter of a specified description registered in the United Kingdom must when flying in specified circumstances be equipped with an Emergency Locator Transmitter having specified characteristics.

    (2) All aircraft registered in the United Kingdom flying for the purpose of public transport will be required to carry a means of indicating the outside air temperature (Schedule 4 and Scale F).

     7. Penalty for flying without an appropriate licence
If a person acts as a member of the flight crew without holding an appropriate licence, he will be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both (article 148(6) and Schedule 12 Part B).

     8. Occurrence Reporting
Article 142 implements into UK law the provisions of Directive 2003/42/EC of the European Parliament and of the Council[56] on occurrence reporting in civil aviation ("The Directive") in so far as those provisions do not already form part of UK law. The article replaces provisions contained in Article 117 of the Air Navigation Order 2000[57]. Article 142(1) and (2) set out the objective of the article: to contribute to the improvement of air safety. Paragraph (3) states in what circumstances the article will apply. Paragraph (4) makes reference to the list of examples of occurrences set out in Annexes I and II (and their Appendices) of the Directive. Paragraph (5) lists the classes of person who are required to report an event which constitutes an occurrence for the purpose of paragraph (3). The requirement to report only applies in respect of matters which come to the person's attention during the exercise of their functions. Paragraph (6) states that reports are to be made in accordance with the requirements of the CAA; paragraph (7) states that a person listed in paragraph (5) shall make a report of information in his possession relating to a report under the article in accordance with a notice served by the CAA. Paragraph (8) forbids a person from making a report under the article which he knows or believes to be false. Paragraph (9) requires the CAA as the competent authority to put in place a mechanism to collect, evaluate, process and store occurrences reported in accordance with paragraph (5). Paragraph (10) requires the CAA to store in its databases reports received by it of occurrences, accidents and serious incidents. Paragraph (11) requires the CAA to make all relevant safety-related information collected under paragraph (5), and stored in its database, available to the competent authorities of the other Member States and the Commission. The CAA must ensure that databases which it maintains are compatible with software developed by the Commission (paragraph (12). The CAA, having received an occurrence report, is required to enter it into its database and to notify, as appropriate, the competent authority where the occurrence took place; where the aircraft is registered; where it was manufactured; and where the air operator's certificate was granted (13). Paragraph (14) requires the CAA to provide any entity entrusted with regulating civil aviation safety, or with investigating civil aviation accidents and incidents, within the Community, with access to information on occurrences collected and exchanged, in order to enable it to draw safety lessons. Paragraph (15) requires the CAA and the Chief Inspector of Air Accidents to use any information received solely for the purposes set out in the article. Article (16) requires that the names and addresses of individuals shall not be recorded on the database relating to mandatory reports. Paragraph (17) requires that no proceedings are to be instituted in respect of unpremeditated or inadvertent infringements of the law, which come to the attention of the relevant authorities only because they have been reported under the article, except in the case of gross negligence. Paragraph (18) states that the article is to apply without prejudice to the rights of access to information by judicial authorities. Paragraph (19) states that the CAA is to put in place a system of voluntary reporting to collect and analyse information on observed deficiencies in aviation, which are perceived by the reporter as a potential hazard. Paragraph (20) requires that all personal details relating to the reporter, and technical details which might lead to his identity, or that of third parties, being discovered must be removed. Paragraph (21) requires that the relevant safety information deriving from the analysis of these reports, is stored and made available to all parties, so that it can be used to improve safety in aviation.

The failure to report an occurrence under paragraphs (5) to (7), and the making of a false report under paragraph (8), constitute offences. These are punishable on summary conviction by a fine not exceeding the statutory maximum, and on conviction on indictment by a fine or imprisonment for a term not exceeding two years or both.

A full regulatory impact assessment has not been produced for the implementation of the occurrence reporting requirements as it has no impact on the cost of business.

Annexes to the Chicago Convention can be purchased from—

Airplan Flight Equipment Ltd

1A Ringway Trading Estate

Shadowmoss Road

Manchester M22 5LH

England UK;

or

Labeline (Air, Sea and Road)

Holly House

14 Tenby Road

Frimley

Surrey GU16 5UT

Joint Service Publication 550 and Aviation Publication 67 may be obtained from:

Customer Services

DSDC(L)

Mwrwg Road

Llangennech

LLANELLI

Carms

South Wales SA14 8YP

Aviation Publication 67 is also available on line at

http://www.ams.mod.uk/ams/content/docs/flyregs/avp67.pdf

Joint Aviation Requirements can be purchased from:

Rapidocg

Willoughby Road

Bracknell

Berkshire RG12 8DW

and are also available on line at http://www.jaa.nl/jars—npas/jarsec1.html

CAP 168 can be purchased from:

TSO

PO Box 29

Norwich

NR3 1GN

and is also available on line at http://www.caa.co.uk/docs/33/CAP168.PDF

Save in the case of the provisions relating to occurrence reporting referred to in paragraph 8 above, Regulatory Impact Assessments have been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Department for Transport, 76 Marsham Street, London, SW1P 4DR. Alternatively copies can be obtained from the Department for Transport's website which is at www.dft.gov.uk.

A transposition note has been prepared and copies can be obtained from the Department for Transport, 76 Marsham Street, London, SW1P 4DR.

TABLE OF COMPARISON


(This Table is not part of the Order)



The following Table shows, in relation to each article of the Air Navigation Order 2000, as amended, the article of the 2005 Order in which it is reproduced.

2000 Order as amended 2005 Order
1 1
2 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
9A 11
9B 13
10 14
11 15
12 16
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
24A 30
25 31
26 32 and 33
27 34
28 35
29 36
30 37
31 38
32 39
33 40
34 42
34A 41
35 43
36 44 and 45
37 46
38 47
39 48
40 49
41 50
42 51
43 52
44 53
45 54
46 55
47 56
48 57
49 58
50 59
51 60
52 61
53 62
54 63
54A 64
55 65
56 66
57 67
58 68
59 69
60 70
61 71
62 72
63 73
64 74
65 75
66 76
67 77
68 78
69 79
70 80
71 81
72 82
73 83
74 84
75 85
76 86
77 87
78 88
78A 89
79 90
80 91
81 92
82 93
83 94
84 95
85 96
86 97
87 98
87A 99
88 100
88A 101
89 102
90 103
90A 104
90B 105
91 106
92 108
93 119
94 107
94A 109
94B 110
94C 111
94D 112
94E 113
94F 117
94G 118
94H 120
95 114
96 116
97 115
98 122
99 121
100 123
101 126
102 127
103 128
104 124
105 125
106 129
107 130
108 131
109 132
109A 133
110 135
111 136
112 137
113 138
114 139
115 140
116 141
117 142
117A 143
118 144
119 145
120 146
121 147
122 148
123 149
124 150
125 151
126 152
127 153
128 154
129 155 & 156
130 157-163
131 168
132 164
133 165
134 167


Notes:

[1] 1972 c. 68; the powers conferred by section 2(2) were extended, in relation to the EEA, by section 2 of the European Economic Area Act 1993 (c. 51).back

[2] 1982 c. 16; sections 60 and 61 have been amended by the Airports Act 1986 (c. 31) Schedule 6 Part 11, and section 60 was further amended by the Aviation and Maritime Security Act 1990 (c. 31), section 47 and Schedule 4.back

[3] 1986 c. 31.back

[4] 1890 c. 39.back

[5] 1982 c. 16; to which there are amendments not relevant to this provision.back

[6] O.J. No. L243, 27.09.2003, p. 6 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations, to which there are amendments not relevant to this Order.back

[7] O.J. No. L 373, 31.12.91, p. 21.back

[8] Cm 2073 and 2183.back

[9] Decision of the EEA Joint Committee No. 7/94 of 21st March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement: O.J. No. L 160, 28.6.94, p. 1.back

[10] S.I. 2005/1980.back

[11] 2004 c. 21.back

[12] S.I. 1996/1393.back

[13] S.I. 1996/1393.back

[14] O.J. No. L159, 29.6.96, p. 1—Council Directive 96/29/EURATOM of 13th May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.back

[15] 1986 c. 38.back

[16] S.I. 1996/1393.back

[17] 2000 c. 38.back

[18] S.I. 1996/1393.back

[19] O.J. No. L 240, 24.8.92, p. 8.back

[20] Cm 2073 and 2183.back

[21] Decision of the EEA Joint Committee No. 7/94 of 21st March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement: O.J. No. L 160, 28.6.94, p. 1.back

[22] O.J. No. L167, 4.7.2003 p. 23.back

[23] O.J. No. L240, 24.8.1992, p. 8.back

[24] Paragraph 6 of Part III of Schedule 13 to the Civil Aviation Act 1982 authorises the inclusion in an Air Navigation Order of certain extra-territorial provisions.back

[25] 1948 c. 56. Section 3(1) limits the criminal liability of certain persons who are not citizens of the United Kingdom and colonies.back

[26] S.I. 1980/397 (N.I. 3).back

[27] O.J. No. L240 of 7.9.2002, p. 1 to which there are amendments not relevant to this Order.back

[28] 1981 c. 61.back

[29] 1981 c. 61; as amended by S.I. 1983/882; S.I. 1983/892; S.I. 1983/1699; the Brunei and Maldives Act 1985, section 1 and Schedule para 8; S.I. 1989/1331; S.I. 1990/1502; S.I. 1994/1634 and S.I. 1998/3161.back

[30] 1974 c. 39.back

[31] 1989 c. 40.back

[32] S.I. 1996/1393.back

[33] 1995 c. 21.back

[34] S.I. 1996/1393.back

[35] 1964 c. 5.back

[36] S.I. 1996/1393.back

[37] S.I. 1996/2798.back

[38] O.J. No. L 243, 27.9.2003, p. 6—Commission Regulation of 24th September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations, to which there are amendments not relevant to this Order.back

[39] O.J. No. L 315, 28.11.2003, p. 1—Commission Regulation of 20th November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations ond personnel involved in these tasks, to which there are amendments not relevant to this Order.back

[40] 2003 c. 21.back

[41] 2000 c. 38.back

[42] S.I. 1996/1393.back

[43] 1952 c. 67.back

[44] S.I. 1996/1393.back

[45] 1985 c. 6 as amended by section 144 of the Companies Act 1989 (c. 40).back

[46] O.J. L240, 7.9.2002, p. 1; the amendments which have been made to this Community Regulation are not relevant for the purposes of these Regulations.back

[47] O.J. L243, 24.9.2003, p. 6.back

[48] O.J. L315, 28.11.2003, p. 1.back

[49] O.J. L159, 29.6.1996, p. 1.back

[50] S.I. 1980/538.back

[51] 1949 c. 54.back

[52] 1982 c. 16.back

[53] O.J. No. L240 of 7.9.2002, page 1 to which there are amendments not relevant to this Order.back

[54] 1972 c. 68; the powers conferred by section 2(2) were extended, in relation to the EEA, by section 2 of the European Economic Area Act 1993 (c. 51).back

[55] 1972 c. 68; the powers conferred by section 2(2) were extended, in relation to the EEA, by section 2 of the European Economic Area Act 1993 (c. 51).back

[56] O.J. L167, 4.7.2003, p. 23.back

[57] S.I. 2000/1562.back



ISBN 0 11 073253 7


 © Crown copyright 2005

Prepared 19 August 2005


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