OpenLegislation

The Air Navigation (Amendment) Order 2017

S.I. 2017/1112 · Made 15 November 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 14 December 2017.

This Statutory Instrument has been made partly in consequence of defects in S.I. 2016/765 and is being issued free of charge to all known recipients of that Statutory Instrument.

Civil Aviation

Made 15th November 2017

Laid before Parliament 22nd November 2017

Coming into force 14th December 2017

At the Court at Buckingham Palace, the 15th day of November 2017

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)(a), (b), (c), (d), (e), (f), (g), (h), (j), and (n), (4), 61(1)(a) and 101 of, and Schedule 13 to the Civil Aviation Act 1982f1 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972f2.

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. Section 61 was amended by the Airports Act 1986 (c.31), section 83(5) and Schedule 6, Part 2, and by the Aviation (Offences) Act 2003 (c.19), section 2. There are other amendments but none is relevant.

f2

1972 c.68. Section 2(2) has been amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a); and section 3(3) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c. 51), section 28.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Air Navigation Order 2016
  3. 3Categorisation as public transport or commercial operation
  4. 4Article 4
  5. 5Article 5
  6. 6Article 6
  7. 7Article 7
  8. 8Registration and marking
  9. 9Article 9
  10. 10Airworthiness
  11. 11Article 11
  12. 12Article 12
  13. 13Article 13
  14. 14Article 14
  15. 15Article 15
  16. 16Operations
  17. 17Article 17
  18. 18Article 18
  19. 19Article 19
  20. 20Article 20
  21. 21Article 21
  22. 22Article 22
  23. 23Article 23
  24. 24Article 24
  25. 25Article 25
  26. 26Article 26
  27. 27Article 27
  28. 28Article 28
  29. 29Article 29
  30. 30Aircrew
  31. 31Article 31
  32. 32Article 32
  33. 33Article 33
  34. 34Article 34
  35. 35Licensing of air traffic controllers
  36. 36Article 36
  37. 37Air traffic services
  38. 38Documents and records
  39. 39Article 39
  40. 40Article 40
  41. 41Competent authority
  42. 42Definitions
  43. 43Article 43
  44. 44Article 44
  45. 45Instructor certificates
  46. 46Maintenance of licence privileges
  47. 47Public Transport – Operational Requirements
  48. 48Documentation
  49. 49Penalties
  50. 50Article 50
  51. 51Article 51
  52. 52Article 52
  53. 53Article 53
  54. 54Article 54
  55. 55Article 55
  56. 56Article 56
  57. 57Article 57
  58. 58Article 58
  59. 59Article 59
  60. 60Article 60
  61. Signature
  62. Explanatory note

1Citation and commencementI1

This Order may be cited as the Air Navigation (Amendment) Order 2017 and comes into force on 14th December 2017.

2Amendment of the Air Navigation Order 2016I1

The Air Navigation Order 2016f1 is amended as follows.

3Categorisation as public transport or commercial operationI1

In article 6(1)—

(a)

insert “of this Part” after “Chapter 2”; and

(b)

omit sub-paragraph (a) including “or”.

4I1

In article 11(1)—

(a)

for “Part 4 and Part 5” substitute “Part 4, Part 5 and Part 6”;

(b)

in sub-paragraph (b)—

(i)

at the beginning insert “there has been no valuable consideration or”; and

(ii)

omit “or the purpose of the flight”.

5I1

In article 12—

(a)

after “if” insert “there has been no valuable consideration or”; and

(b)

omit “or the purpose of the flight”.

6I1

In article 13(1)(a)—

(a)

at the beginning insert “there has been no valuable consideration or”; and

(b)

omit “or the purpose of the flight”.

7I1

In article 14—

(a)

for “an commercial” substitute “a commercial”;

(b)

in paragraph (a) omit “and which is made under and”; and

(c)

for paragraph (b)(ii) substitute—

“(ii)

on which no person is carried other than a person permitted to be carried on the flight in accordance with the terms of a parachuting permission granted under article 90; or”.

8Registration and markingI1

For article 24(4) substitute—

“(4)

Paragraph (1) does not apply to any non-EASA kite, non-EASA captive balloon or any aircraft flying in accordance with the terms of any permission given by the CAA.”.

9I1

In article 25(3) for “article” substitute “Chapter”.

10AirworthinessI1

In article 33(2)(g) omit “under article 269”.

11I1

In article 37(4) omit “, as amended from time to time”.

12I1

In article 38(1) for “paragraph (2)” substitute “paragraph (3)”.

13I1

In article 42(1)(b) for paragraph (i) substitute—

“(i)

for commercial operation other than commercial operation which consists of an aircraft flying for the purpose of a flying display, associated practice for a flying display, test and positioning flights or the exhibition or demonstration of the aircraft;”.

14I1

In article 49(2) omit “39,”.

15I1

In article 61(3) omit “, as amended from time to time”.

16OperationsI1

In article 65 after “Chapters 2” insert “(other than articles 77(1) and 79)”.

17I1

In article 69—

(a)

for paragraph (2) substitute—

“(2)

Before commencing a flight the pilot in command must be satisfied that—

(a)

the flight can be made safely, taking into account the latest information available as to the route and aerodrome to be used; and

(b)

the ground and water facilities, including any required communication and navigation facilities, are adequate for the intended flight.”; and

(b)

in paragraph (8)(b) omit “the minimum equipment list or”.

18I1

In article 70(4) for “136” substitute “137”.

19I1

In article 75 omit paragraph (3).

20I1

In article 77—

(a)

at the end of paragraph (2) insert “other than when flying for public transport”; and

(b)

after paragraph (6) insert—

“(7)

Any equipment installed or carried in an aircraft must be installed, carried, maintained and adjusted so that such equipment—

(a)

does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; and

(b)

is not a source of danger to the aircraft.”.

21I1

(1)

Omit article 78.

(2)

Before article 79 insert—

“Carriage of equipment

78A.
(1)

This article applies to any aircraft registered in the United Kingdom.

(2)

The CAA may permit an aircraft or class of aircraft to which this article applies to commence a flight in specified circumstances even though a specified item of equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use.

(3)

An aircraft to which this article applies must not commence a flight if any of the equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use unless the aircraft does so in accordance with the terms of a permission granted to the operator under paragraph (2).”.

22I1

In article 92—

(a)

in paragraphs (2) and (3) for each reference to “towed” substitute “ground towed”; and

(b)

in paragraph (2)(b) omit “controlled airspace or”.

23I1

In article 93 for paragraph (2) substitute—

“(2)

In this article, a specified number of balloons counts as “simultaneously released at a single site” if released during a period of not more than 15 minutes from within an area not more than 1km square.”.

24I1

In article 105(3) for “(5)” substitute “(6)”.

25I1

In article 112(3) for “for every 50 or fraction of 50 passenger seats installed in the aircraft” substitute “and if there are 51 to 100 inclusive passenger seats installed, not less than two members and, if there are 101 to 150 inclusive passenger seats installed, not less than three members and so on”.

26I1

In article 119 after paragraph (4) insert—

“(4A)

Any equipment installed or carried in an aircraft must be installed, carried, maintained and adjusted so that such equipment—

(a)

does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; and

(b)

is not a source of danger to the aircraft.”.

27I1

In article 127(4) for “prescribe” substitute “make regulations prescribing”.

28I1

In article 128(1) for “prescribe” substitute “make regulations prescribing”.

29I1

In article 134 after paragraph (4) insert—

“(5)

The CAA must grant a police air operator’s certificate if it is satisfied that the applicant is competent to secure that the operation of aircraft of the types specified in the certificate will be as safe as is appropriate when flying on flights of the description and for the purposes specified, having regard in particular to the applicant’s—

(a)

previous conduct and experience; and

(b)

equipment, organisation, staffing, maintenance and other arrangements.”.

30AircrewI1

In article 150(7) for “under this Order is” substitute “under this Order if”.

31I1

In article 166—

(a)

in paragraph (1)—

(i)

insert “(P)” after “a person”;

(ii)

for “they know or suspect their” substitute “P knows or suspects P’s”; and

(iii)

for “renders them” substitute “renders P”;

(b)

in paragraph (2) omit “or medical declaration in accordance with article 163(3)”; and

(c)

in paragraph (3) omit “or declaration”.

32I1

In article 174(2) for “Article 176” substitute “Article 176(1)”.

33I1

In article 175(3)(a) after “flight times” insert “, duty periods and rest periods”.

34I1

In article 176(1)—

(a)

insert “(P)” after “a person”;

(b)

for “they know or suspect they are” substitute “P knows or suspects P is”; and

(c)

for “are likely” substitute “is likely”.

35Licensing of air traffic controllersI1

In article 188—

(a)

omit paragraphs (1) and (3); and

(b)

in paragraph (4) for “referred to in paragraphs (1), (2) and (3)” substitute “referred to in paragraph (2)”.

36I1

Omit articles 189 to 197.

37Air traffic servicesI1

In article 198 for “Part” substitute “Chapter”.

38Documents and recordsI1

In article 229—

(a)

for paragraph (3) substitute—

“(3)

Paragraph (2) does not apply to an aircraft flying in accordance with the EASA Air Operations Regulation.”; and

(b)

omit paragraph (4).

39I1

In article 231—

(a)

in paragraph (1) for “, (5), (6) or (7)” substitute “or (5)”; and

(b)

in paragraph (2) for “4(12)” substitute “4(13)”.

40I1

For article 238(2) substitute—

“(2)

Subject to paragraph (3), if the first operator ceases to be the operator of an aircraft, they must continue to preserve the document or record until paragraphs (4), (5) and (6) have been complied with, as appropriate.”.

41Competent authorityI1

For article 270(5) substitute—

“(5)

The CAA is the competent authority of the United Kingdom for the purposes of the EASA Air Traffic Controller Licensing Regulation.”.

42DefinitionsI1

In Schedule 1—

(a)

omit the definition for “A to A commercial air transport helicopter operation”;

(b)

for the definition of “aerobatic manoeuvres” substitute ““aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre intentionally performed by an aircraft;”;

(c)

in the definition for “Commercial air transport operation” omit “or an A to A commercial air transport helicopter operation”;

(d)

after the definition for “Commercial air transport operation” insert—

  • ““commercial operation” has the meaning assigned to it by article 7;”;

(e)

in the definition of “Controlled airspace” for “Class D airspace, Class E airspace, Class F airspace or Class G airspace” substitute “Class D airspace or Class E airspace”;

(f)

for the definition of “EASA Air Traffic Controller Licensing Regulation” substitute—

(g)

omit the definition for “MMEL”;

(h)

in the definition for “Obstacle limitation surfaces” omit “, as amended from time to time”;

(i)

after the entry for “Part-SPA” insert—

  • ““Part-SPO” means Annex VIII so entitled to the EASA Air Operations Regulationf2;”; and

(j)

in the definition of “Self-propelled hang-glider”, in paragraph (c) for “maximum take-off mass” substitute “maximum unladen weight”.

43I1

In Schedule 5—

(a)

in paragraph 1(1)(c) for “aeroplane” substitute “aircraft”;

(b)

in paragraph 1(2) after sub-paragraph (c) insert—

“(ca)

oxygen supplies”; and

(c)

after paragraph 18 insert—

“Maps and charts

19.

Maps, charts, codes and other documents necessary for the intended flight of the aircraft, including any diversion which may reasonably be expected from the aerodrome of intended landing, must be carried on the aircraft.”.

44I1

In Schedule 7 omit paragraph 5(2).

45Instructor certificatesI1

In Schedule 8, Part 2, Chapter 1, Section 3—

(a)

in the entry for flight instructor certificate (aeroplane), in paragraph 2 under “Restrictions – restricted period” omit “and on the recommendation of the supervising flight instructor (aeroplane)”; and

(b)

in the entry for flight instructor certificate (helicopter), under “Restrictions – restricted period”—

(i)

in paragraph (1) for “25 solo flights by students” substitute “25 student pilot solo flight exercises”; and

(ii)

in paragraph (2) omit “and on the recommendation of the supervising flight instructor (helicopter)”.

46Maintenance of licence privilegesI1

(1)

In Schedule 8, Part 3, Chapter 1—

(a)

for paragraph 1(2)(b) substitute—

“(b)

as regards revalidation the rating and certificate are valid from the end of the period in paragraph (a) for the period specified in column 2—

(i)

in relation to any rating or certificate that may be revalidated by meeting flight or instruction experience requirements, provided those experience requirements have been met; or

(ii)

subject to sub-paragraph (2A), in relation to any other rating or certificate, provided that the rating or certificate is revalidated within the period of three months preceding the end of the period in paragraph (a); and”; and

(b)

after paragraph 1(2) insert—

“(2A)

Where a rating or certificate is revalidated by a proficiency check prior to the last 3 months of the period specified in column 2, the period specified in column 2 commences from the end of the month in which the revalidation occurred.”.

(2)

In Schedule 8, Part 3, Chapter 2—

(a)

for paragraph 4(3)(a) substitute—

“(a)

has not expired, the new certificate is valid for 24 months from the end of the month which includes the expiry date of the existing certificate, except where the certificate is validated by a NPPL General Skill Test more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 24 months from the end of the month in which the test was taken;”;

(b)

for paragraph 5(2)(a) substitute—

“(a)

has not expired, the new certificate is valid for 36 months from the end of the month which includes the expiry date of the existing certificate, except where the test is taken more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 36 months from the end of the month in which the test was taken;”; and

(c)

for paragraph 6(2)(a) substitute—

“(a)

has not expired, the new certificate is valid for 12 months from the end of the month which includes the expiry date of the existing certificate, except where the test is taken more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 12 months from the end of the month in which the test was taken;”.

47Public Transport – Operational RequirementsI1

In Schedule 9, Part 1, paragraph 1(s) for “78(3)” substitute “78A(2)”.

48DocumentationI1

In Schedule 10—

(a)

in paragraph 1(c) for “78(3)” substitute “78A(2)”;

(b)

in the entry for “Document J” in paragraph 2, for “78(3)” substitute “78A(2)”;

(c)

in paragraph 3(1) omit “and”;

(d)

for paragraph 3(3) substitute—

“(3)

If a public transport 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 required under paragraph 1(a) may be kept at that aerodrome instead of being carried in the aircraft.”; and

(e)

after paragraph 3 insert—

“Meaning of “international air navigation”

4.

For the purposes of this Schedule—

  • “international air navigation” means any flight which includes passage over the territory of any country other than the United Kingdom, but does not include passage over any relevant overseas territory to which there is power to extend the Civil Aviation Act 1982f1 under section 108(1) of that Act.”.

49PenaltiesI1

In Schedule 13, Part 1, Chapter 1—

(a)

in the entry for article 26(3) omit “, public transport or commercial operation”;

(b)

after the entry for article 42(2) insert—

“

63(1)Copy of national airworthiness review certificate issued or extended to be sent to the CAA within 10 days
63(2)A person to inform the CAA should the airworthiness review be inconclusive and not to issue or extend the certificate

”;

(c)

omit the entries for articles 193, 196 and 197; and

(d)

for the entry for article 206(10) to (12) substitute—

“

206(10) to (15)Air traffic service equipment records

”.

50I1

In Schedule 13, Part 1, Chapter 8 after the entry for NCO.GEN.150 insert—

“

NCO.SPEC.120Task specialist’s responsibilities

”.

51I1

After Schedule 13, Part 1, Chapter 8 insert—

“CHAPTER 9

Provision of Part-SPOSubject matter
SPO.GEN.106Task specialist’s responsibilities
SPO.GEN.115Common language
SPO.GEN.120Taxiing of aeroplanes
SPO.GEN.125Rotor engagement
SPO.GEN.135Information of emergency and survival equipment carried
SPO.GEN.140Documents, manuals and information to be carried
SPO.OP.190In-flight fuel management
SPO.OP.225Operational limitations – hot air balloons
SPO.SPEC.HESLO.100Standard operating procedures
SPO.SPEC.HESLO.105Specific HESLO equipment
SPO.SPEC.HEC.100Standard operating procedures
SPO.SPEC.HEC.105Specific HEC equipment
SPO.SPEC.PAR.100Standard operating procedures
SPO.SPEC.PAR.120Flight over water
SPO.SPEC.ABF.100Standard operating procedures

”.

52I1

In Schedule 13, Part 2, Chapter 1—

(a)

in the entry for article 42(1), after “42(1)” insert “(other than sub-paragraph (b)(ii))”;

(b)

after the entry for article 44(2) insert—

“

44(5)Requirement for certificate of release to service for equipment installed on or in a non-EASA aircraft after its overhaul, repair, modification or inspection

”;

(c)

after the entry for article 51 insert—

“

54(1)Aircraft maintenance programme
55Aircraft to be managed by approved continuing airworthiness management organisation and maintained by approved maintenance organisation

”;

(d)

for the entry for article 77(1) and (3) to (6) substitute—

“

77(1) and (3) to (7)Requirements for aircraft to carry equipment

”;

(e)

for the entry for article 78(4) substitute—

“

78A(3)Carriage of equipment

”;

(f)

for the two entries relating to article 80 substitute—

“

80

Requirement for—

  1. a)

    operation of airborne collision avoidance system

  2. b)

    training in operation of airborne collision avoidance system

”; and

(g)

for the two entries relating to article 119 substitute—

“

119

Carriage and use of equipment

Vibration health monitoring system to be operated in accordance with approved procedures

”.

53I1

In Schedule 13, Part 2, Chapter 6 in the column headed “Provision of SERA”, for the entry “5005 (other than (g))” substitute “5005 (other than (g) and (i))”.

54I1

In Schedule 13, Part 2, Chapter 9, after the entry for NCO.IDE.B.150 insert—

“

NCO.SPEC.105Checklist
NCO.SPEC.110Pilot-in-command responsibilities and authority
NCO.SPEC.115Crew responsibilities
NCO.SPEC.125Safety briefing
NCO.SPEC.130Minimum obstacle clearance altitude – IFR flights
NCO.SPEC.135Fuel and oil supply – aeroplanes
NCO.SPEC.140Fuel and oil supply – helicopters
NCO.SPEC155Airborne Collision Avoidance System (ACAS II)
NCO.SPEC.170Performance and operating criteria – aeroplanes
NCO.SPEC.175Performance and operating criteria – helicopters
NCO.SPEC.HESLO.100Checklist
NCO.SPEC.HESLO.105Specific HESLO equipment
NCO.SPEC.HEC.100Checklist
NCO.SPEC.PAR.100Checklist
NCO.SPEC.ABF.100Checklist

”.

55I1

After Schedule 13, Part 2, Chapter 9 add—

“CHAPTER 10

Provision of Part-SPOSubject matter
SPO.GEN.102Touring motor gliders, powered sailplanes and mixed balloons
SPO.GEN.105Crew responsibilities
SPO.GEN.107Pilot-in-command responsibilities and authority
SPO.GEN.108Pilot-in-command responsibilities and authority – balloons
SPO.GEN.119Taxiing of aircraft
SPO.GEN.130Portable electronic devices
SPO.GEN.145Handling of flight recorder recordings: preservation, production, protection and use – operations with complex motor-powered aircraft
SPO.OP.100Use of aerodromes and operating sites
SPO.OP.110Aerodrome operating minima – aeroplanes and helicopters
SPO.OP.111Aerodrome operating minima – NPA, APV, CAT I operations
SPO.OP.125Minimum obstacle clearance altitudes – IFR flights
SPO.OP.130Fuel and oil supply – aeroplanes
SPO.OP.131Fuel and oil supply – helicopters
SPO.OP.132Fuel and ballast supply and planning - balloons
SPO.OP.135Safety briefing
SPO.OP.140Flight preparation
SPO.OP.145Take-off alternate aerodromes – complex motor-powered aeroplanes
SPO.OP.150Destination alternate aerodromes – aeroplanes
SPO.OP.151Destination alternate aerodromes – helicopters
SPO.OP.155Refuelling with persons embarking, on board or disembarking
SPO.OP.160Use of headset
SPO.OP.165Smoking
SPO.OP.170Meteorological conditions
SPO.OP.175Ice and other contaminants – ground procedures
SPO.OP.176Ice and other contaminants – flight procedures
SPO.OP.180Take-off conditions – aeroplanes and helicopters
SPO.OP.181Take-off conditions – balloons
SPO.OP.195Use of supplemental oxygen
SPO.OP.205Airborne Collision Avoidance System (ACAS)
SPO.OP.210Approach and landing conditions – aeroplanes and helicopters
SPO.OP.215Commencement and continuation of approach – aeroplanes and helicopters
SPO.OP.230Standard operating procedures
SPO.POL.100Operating limitations – all aircraft
SPO.POL.105Mass and balance
SPO.POL.110Mass and balance system – commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft
SPO.POL.115Mass and balance data and documentation – commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft
SPO.POL.120Performance – general
SPO.POL.125Take-off mass limitations – complex motor-powered aircraft
SPO.POL.130Take-off – complex motor-powered aeroplanes
SPO.POL.135En route – one engine inoperative – complex motor-powered aircraft
SPO.POL.140Landing – complex motor-powered aircraft
SPO.POL.145Performance and operating criteria – aeroplanes
SPO.POL.146Performance and operating criteria – helicopters
SPO.IDE.A.100Instruments and equipment — general
SPO.IDE.A.105Minimum equipment for flight
SPO.IDE.A.110Spare electrical fuses
SPO.IDE.A.115Operating lights
SPO.IDE.A.120Operations under VFR — flight and navigational instruments and associated equipment
SPO.IDE.A.125Operations under IFR — flight and navigational instruments and associated equipment
SPO.IDE.A.126Additional equipment for single-pilot operations under IFR
SPO.IDE.A.130Terrain awareness warning system (TAWS)
SPO.IDE.A.131Airborne collision avoidance system (ACAS II)
SPO.IDE.A.132Airborne weather detecting equipment – complex motor-powered aeroplanes
SPO.IDE.A.133Additional equipment for operations in icing conditions at night - complex motor-powered aeroplanes
SPO.IDE.A.140Cockpit voice recorder
SPO.IDE.A.145Flight data recorder
SPO.IDE.A.150Data link recording
SPO.IDE.A.155Flight data and cockpit voice combination recorder
SPO.IDE.A.160Seats, seat safety belts and restraint systems
SPO.IDE.A.165First-aid kit
SPO.IDE.A.170Supplemental oxygen – pressurised aeroplanes
SPO.IDE.A.175Supplemental oxygen – non-pressurised aeroplanes
SPO.IDE.A.180Hand fire extinguishers
SPO.IDE.A.181Crash axe and crowbar
SPO.IDE.A.185Marking of break-in points
SPO.IDE.A.190Emergency locator transmitter (ELT)
SPO.IDE.A.195Flight over water
SPO.IDE.A.200Survival equipment
SPO.IDE.A.205Individual protective equipment
SPO.IDE.H.197Life-jackets – complex motor-powered helicopters
SPO.IDE.H.198Survival suits – complex motor-powered helicopters
SPO.IDE.H.199Life-rafts, survival ELTs and survival equipment on extended overwater flights – complex motor-powered helicopters
SPO.IDE.H.200Survival equipment
SPO.IDE.H.201Additional requirements for helicopters conducting offshore operations in a hostile sea area – complex motor-powered helicopters
SPO.IDE.H.202Helicopters certified for operating on water – miscellaneous equipment
SPO.IDE.H.203All helicopters on flights over water - ditching
SPO.IDE.H.205Individual protective equipment
SPO.IDE.H.210Headset
SPO.IDE.H.215Radio communication equipment
SPO.IDE.H.220Navigation equipment
SPO.IDE.H.225Transponder
SPO.IDE.S.100Instruments and equipment — general
SPO.IDE.S.105Minimum equipment for flight
SPO.IDE.S.115Operations under VFR — flight and navigational instruments
SPO.IDE.S.120Cloud flying — flight and navigational instruments
SPO.IDE.S.125Seats and restraint systems
SPO.IDE.S.130Supplemental oxygen
SPO.IDE.S.135Flight over water
SPO.IDE.S.140Survival equipment
SPO.IDE.S.145Radio communication equipment
SPO.IDE.S.150Navigation equipment
SPO.IDE.S.155Transponder
SPO.IDE.B.100Instruments and equipment — general
SPO.IDE.B.105Minimum equipment for flight
SPO.IDE.B.110Operating lights
SPO.IDE.B.115Operations under VFR — flight and navigational instruments and associated equipment
SPO.IDE.B.120First-aid kit
SPO.IDE.B.121Supplemental oxygen
SPO.IDE.B.125Hand fire extinguishers
SPO.IDE.B.130Flight over water
SPO.IDE.B.135Survival equipment
SPO.IDE.B.140Miscellaneous equipment
SPO.IDE.B.145Radio communication equipment
NCO.IDE.B.150Transponder

”.

56I1

In Schedule 13, Part 3, Chapter 1—

(a)

after the entry for article 37(3) insert—

“

47(3)Certificate of release to service not to be issued if any known danger to flight safety

”;

(b)

after the entry for article 148 insert—

“

149(1)Requirement for appropriate licence to act as flight crew member of EASA registered aircraft elsewhere than in the United Kingdom

”;

(c)

after the entry for article 180(1) insert—

“

187(1)Instrument flight procedures to be approved before notification

”;

(d)

in the entry for article 188(1), for “188(1)” substitute “188(2)”; and

(e)

omit the entries for articles 191 and 192.

57I1

For Schedule 13, Part 3, Chapter 4 substitute—

“CHAPTER 4

Provision of EASA Air Traffic Controller Licensing RegulationSubject matter
Article 2(1)Compliance with requirements and procedures
ATCO.A.015(b)Exercise of the privileges of licences and provisional inability
ATCO.MED.A.020Decrease in medical fitness

”.

58I1

For Schedule 13, Part 3, Chapter 7 substitute—

“CHAPTER 7

Provision of SERASubject matter
2020Problematic use of psychoactive substance
3101Negligent or reckless operation of aircraft
5005 (j)VFR flight within or into designated areas or along designated routes
8020Adherence to flight plan
8025Position Reports
8035Communications
11015(b)Pilot-in-command of an aircraft to comply with instructions given by intercepting aircraft

”.

59I1

In Schedule 13, Part 3, Chapter 10, after the entry for NCO.OP.185 insert—

“

NCO.SPEC.160Release of dangerous goods
NCO.SPEC.165Carriage and use of weapons
NCO.SPEC.HESLO.110Transportation of dangerous goods

”.

60I1

After Schedule 13, Part 3, Chapter 10 insert—

“CHAPTER 11

Provision of Part-SPOSubject matter
SPO.GEN.150Transport of dangerous goods
SPO.GEN.155Release of dangerous goods
SPO.GEN.160Carriage and use of weapons
SPO.SPEC.HESLO.110Transportation of dangerous goods

”.

Signature

Ceri King

Deputy Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order makes amendments to the Air Navigation Order 2016 (the “2016 Order”) to implement the requirements of Commission Regulation (EU) No. 2015/340 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (the “EU Air Traffic Controller Licensing Regulation”) and 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 “EU Air Operations Regulations”). The Order also amends the maximum criminal fine for loss of communication with Air Traffic Control and corrects defects in the 2016 Order.

The more substantial of the amendments are as follows.

Article 3(b) omits A to A commercial air transport helicopter operations from the scope of public transport flights.

Article 8 disapplies the registration requirement in respect of non-EASA kites, non-captive balloons and aircraft flying in UK airspace with the permission of the Civil Aviation Authority (the “CAA”).

Article 13 permits an aircraft flying under a national permit to fly without a permission from the CAA when flying for flying displays and their associated practice, test and positioning flights, and exhibition or demonstration flights.

Article 21 omits provisions relating to minimum equipment lists and allows the CAA to permit an aircraft to fly without a specified item of equipment for that aircraft in certain circumstances.

Articles 27 and 28 enable the Secretary of State to make regulations to prescribe certain requirements for aeroplanes and helicopters registered in the UK.

Article 29 inserts a requirement for the CAA to grant police air operator’s certificates if it is satisfied the applicant is competent to secure the safety of the aircraft type specified in the certificate having regard to the applicant’s conduct, experience, equipment, organisation, staffing, maintenance and other arrangements.

Article 33 inserts a requirement that no person may fly in an aircraft as a member of its flight crew unless the operator possesses an up-to-date record for that person’s duty periods and rest periods for the 28 days prior to the flight.

Article 38(b) omits the provision for documents and records to be kept at an aerodrome instead of being carried on the aircraft where 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.

Article 40 corrects references to require documents and records to continue to be preserved.

Article 43(c) inserts the requirement to carry necessary maps and charts on the aircraft as required equipment for non-EASA aircraft.

Article 44 omits the requirement for CAA approval of an operator’s arrangements for, and amendments to, the technical log system.

Article 46 amends the revalidation process for the maintenance of licence privileges.

Article 48(d) amends the exception for carriage of documents by allowing records and documents to be kept at the aerodrome instead of being carried on the aircraft where a public transport 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.

Articles 49(a), (b) and (d), 52, and 56(a) to (d) update the penalties for non-compliance with specific requirements.

Article 57 provides that a breach of a specified provision of the EU Air Traffic Controller Licensing Regulation constitutes a criminal offence. Articles 49(c) and 56(e) omit those offences that are no longer relevant by virtue of the EU Air Traffic Controller Licensing Regulation.

Articles 50, 51, 54, 55, 59 and 60 provide for criminal offences for breach of specified obligations relating to Special Operations and Non Commercial Operations set out in the EU Air Operations Regulation, which contains operating rules for European aviation under a number of different categories.

Articles 53 and 58 increase the criminal fine payable for failure to communicate in relation to an aircraft in UK airspace in circumstances which may give rise to a significant security and safety risk. In England and Wales the penalty increases from a maximum fine of £2,500 to an unlimited fine. In Scotland and Northern Ireland the penalty increases from a maximum fine of £2500 to £5000.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published with the Explanatory Memorandum alongside the instrument at www.legislation.gov.uk.