The Air Navigation (Amendment) (No. 2) Order 2018
S.I. 2018/1160 · Made 7 November 2018
This Statutory Instrument has been made partly in consequence of a defect in S.I. 2016/765 and is being issued free of charge to all known recipients of that Statutory Instrument.
Civil Aviation
Made 7th November 2018
Laid before Parliament 14th November 2018
Coming into force 5th December 2018
At the Court at Buckingham Palace, the 7th day of November 2018
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made in exercise of the powers conferred by sections 60(1), (2), (3)(d), (e), (h), (n) and (q) and 61(1)(a) of, and paragraph 2 of Part 3 of Schedule 13 to, the Civil Aviation Act 1982f1.
Her Majesty, by and with the advice of Her Privy Council, orders as follows:
Annotations to the whole text
Footnotes
- f1
-
1982 c.16. Section 60 was amended by the Aviation and Maritime Security Act 1990 (c.31), section 47.
Contents
- 1Citation and commencement
- 2Amendment of the Air Navigation Order 2016
- 3Prohibition on carrying on board sporting weapons or munitions of war
- 4Prohibition on carrying on board sporting weapons or munitions of war
- 5Aircrew
- 6Penalties
- 7Penalties
- 8Penalties
- 9Penalties
- Signature
- Explanatory note
1Citation and commencement
This Order may be cited as the Air Navigation (Amendment) (No. 2) Order 2018 and comes into force on 5th December 2018.
2Amendment of the Air Navigation Order 2016
The Air Navigation Order 2016f1 is amended as follows.
3Prohibition on carrying on board sporting weapons or munitions of war
In article 99(1) for “article 100(2) and (3)” substitute “article 100(2), (2A) and (3)”.
4Prohibition on carrying on board sporting weapons or munitions of war
After article 100(2) insert—
“(2A)Article 99 does not apply to a police officer who takes a munition of war on board an aircraft if—
(a)the officer is acting in the course of the officer’s duty; and
(b)the munition of war is removed from the aircraft before the aircraft takes off.”.
5Aircrew
In article 168 for “Chapter 3” substitute “Chapter 2 of this Part”.
6Penalties
After Schedule 13, Part 1, Chapter 9 insert—
“CHAPTER 10
Provision of Part-ORO Subject matter ORO.GEN.135(b) Continued validity of an AOC ORO.GEN.215 Facility requirements ORO.MLR.110 Journey log ORO.MLR.115 Record-keeping ORO.FTL.240 Nutrition ORO.FTL.245 Records of home base, flight times, duty and rest periods ”.
7Penalties
In Schedule 13, Part 2, Chapter 4, after the entry for SPA.HEMS.100 insert—
“
SPA.HOFO.105 Approval for helicopter offshore operations ”.
8Penalties
After Schedule 13, Part 2, Chapter 10 insert—
“CHAPTER 11
Provision of Part-ORO Subject matter ORO.GEN.110(a) to (i) inclusive Operator responsibilities ORO.GEN.120(b) to (d) inclusive Means of compliance ORO.GEN.130 Changes related to an AOC holder ORO.GEN.140 Access ORO.GEN.150(c) Findings ORO.GEN.155 Immediate reaction to a safety problem ORO.GEN.200 Management system ORO.GEN.205 Contracted activities ORO.GEN.210 Personnel requirements ORO.GEN.220 Record-keeping ORO.AOC.110(b) and (f) Leasing agreement ORO.AOC.115 Code-share agreements ORO.AOC.125(a) Non-commercial operations of aircraft listed in the operations specifications by the holder of an AOC ORO.AOC.130 Flight data monitoring–aeroplanes ORO.AOC.135 Personnel requirements ORO.AOC.140 Facility requirements ORO.AOC.150 Documentation requirements ORO.SPO.100 Common requirements for commercial specialised operators ORO.MLR.100 (other than (c) and (h)) Operations manual – general ORO.MLR.105 Minimum equipment list ORO.FC.100 (other than (d)) Composition of flight crew ORO.FC.105 (other than (d)) Designation as pilot-in-command/commander ORO.FC.110 Flight engineer ORO.FC.115 Crew resource management (CRM) training ORO.FC.120 Operator conversion training ORO.FC.125 Differences training and familiarisation training ORO.FC.130 Recurrent training and checking ORO.FC.135 Pilot qualification to operate in either pilot’s seat ORO.FC.140 Operation on more than one type or variant ORO.FC.145 Provision of training ORO.FC.200 Composition of flight crew ORO.FC.A.201 In-flight relief of flight crew members ORO.FC.202 Single-pilot operations under IFR or at night ORO.FC.205 Command course ORO.FC.215 Initial operator’s crew resource management (CRM) training ORO.FC.220 Operator conversion training and checking ORO.FC.230 Recurrent training and checking ORO.FC.235 Pilot qualification to operate in either pilot’s seat ORO.FC.240 (other than (c)) Operation on more than one type or variant ORO.FC.A.245 (other than (a) and (e)) Alternative training and qualification programme ORO.FC.A.250(a) Commanders holding a CPL(A) ORO.FC.H.250 Commanders holding a CPL(H) ORO.FC.330 Recurrent training and checking – operator proficiency check ORO.CC.100 Number and composition of cabin crew ORO.CC.110 Conditions for assignment to duties ORO.CC.115 Conduct of training courses and associated checking ORO.CC.120 Initial training course ORO.CC.125 Aircraft type specific training and operator conversion training ORO.CC.130 Differences training ORO.CC.135 Familiarisation ORO.CC.140 Recurrent training ORO.CC.145 Refresher training ORO.CC.200 Senior cabin crew member ORO.CC.205 Reduction of the number of cabin crew during ground operations and in unforeseen circumstances ORO.CC.210 Additional conditions for assignment to duties ORO.CC.215 Training and checking programs and related documentation ORO.CC.250 Operation on more than one aircraft type or variant ORO.CC.255 Single cabin crew member operations ORO.TC.105 Conditions for assignment to duties ORO.TC.110 Training and checking ORO.TC.115 Initial training ORO.TC.120 Operator conversion training ORO.TC.125 Differences training ORO.TC.130 Familiarisation flights ORO.TC.135 Recurrent training ORO.TC.140 Refresher training ORO.FTL.115 Crew member responsibilities ORO.FTL.120 Fatigue risk management (FRM) ORO.FTL.125 Flight time specification schemes ORO.FTL.200 Home base ORO.FTL.205 Flight duty period (FDP) ORO.FTL.220 Split duty ORO.FTL.225(a), (e) and (f) Standby and duties at the airport ORO.FTL.230 Reserve ORO.FTL.235 Rest periods ORO.FTL.250 Fatigue management training ”.
9Penalties
After Schedule 13, Part 3, Chapter 11 insert—
“CHAPTER 12
Provision of Part-ORO Subject matter ORO.GEN.110(j) to (k) inclusive Operator responsibilities ORO.GEN.125 Terms of approval and privileges of an AOC holder ORO.GEN.160 Occurrence reporting ORO.AOC.100(a) Application for an air operator certificate ORO.AOC.120(a) and (b) Approvals to provide cabin crew training and to issue cabin crew attestations ORO.DEC.100 Declaration ORO.SPO.110(a) Authorisation of high risk commercial specialised operations ORO.SPO.115 Changes ORO.SPO.120 Continued validity ORO.SEC.100 Flight crew compartment security – aeroplanes ORO.SEC.105 Flight crew compartment security – helicopters ORO.FTL.110 Operator responsibilities ORO.FTL.210 Flight times and duty periods ”.
Signature
Richard Tilbrook
Clerk of the Privy Council
Explanatory note
(This note is not part of the Order)
This Order amends articles 99, 100 and 168 of the Air Navigation Order 2016 (“the 2016 Order”) and creates offences in respect of Annex III (Organisation Requirements for Air Operations, Part-ORO) and Annex V (Specific Approvals), Subpart K (Approval of helicopter offshore operations), of Commission Regulation (EU) No. 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008 (“the Air Operations Regulation”).
Articles 3 and 4 amend articles 99 and 100 of the 2016 Order which prohibit the carrying of a sporting weapon or munition of war on board an aircraft. It creates an exception where a police officer takes a munition of war on board an aircraft, provided the officer is acting in the course of the officer’s duty and the munition is removed from the aircraft before the aircraft takes off.
Article 5 makes a minor correction to article 168 of the 2016 Order.
Articles 6, 8 and 9 provide for criminal offences for breach of specified obligations relating to the Organisation Requirements for Air Operations as set out in Annex III to the Air Operations Regulation.
Article 7 provides for a criminal offence for breach of a specified obligation relating to the approval of helicopter offshore operations as set out in Annex V to the Air Operations Regulation.
An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has not been produced as it creates no new requirements that would have such an effect.