OpenLegislation

The Hovercraft (Fees) Regulations 1992

S.I. 1992/1478 · Made 18 June 1992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOVERCRAFT

Made 18th June 1992

Coming into force 16th July 1992

The Secretary of State for Transport, in exercise of powers conferred on him by article 35 of the Hovercraft (General) Order 1972f1 and of all other powers enabling him in that behalf, and with the approval of the Treasury, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1972/674, to which there is an amendment not relevant to these Regulations.

Contents

  1. 1Citation and Commencement
  2. 2Interpretation and Revocation
  3. 3Interpretation and Revocation
  4. 4Interpretation and Revocation
  5. Signature
  6. Schedule THE
  7. IFEES PAYABLE TO THE CIVIL AVIATION AUTHORITY
  8. 1General
  9. 2Experimental Certificate
  10. 3Type Certificates for types of hovercraft
  11. 4Type Certificates for items
  12. 5Safety Certificates (Issue)
  13. 6Safety Certificates (Renewal)
  14. 7Variation of Safety Certificates
  15. 8Approval of Persons
  16. 9Maintenance
  17. Part II: FEES PAYABLE TO THE SECRETARY OF STATE
  18. Explanatory note

1Citation and Commencement

The Regulations may be cited as the Hovercraft (Fees) Regulations 1992 and shall come into force on 16th July 1992.

2Interpretation and Revocation

(1)

In these Regulations, unless the context otherwise requires—

  • “CAA”means the Civil Aviation Authority;

  • “costs of making an investigation”means any costs incurred by the CAA in making an investigation;

  • “hoverplatform”means a hovercraft with no installed means of propulsion or directional control and where any external agency providing propulsion or directional control is not itself a hovercraft;

  • “item”means an engine, propeller, fan, instrument, component, radio apparatus or equipment;

  • “maximum weight of the hovercraft”means the maximum total weight specified in the relevant application;

  • “the Order”means the Hovercraft (General) Order 1972;

  • “the weight of the type of hovercraft”means the maximum permissible weight specified in the Type Certificate.

(2)

The Hovercraft (Fees) Regulations 1989f1 are hereby revoked.

3Interpretation and Revocation

The provisions of the Schedule to these Regulations shall have effect with respect to the fees to be paid in connection with the Certificates and other documents and with tests, inspections, investigations, permissions and approvals, required by or for the purposes of the Order.

4Interpretation and Revocation

For the purposes of these Regulations a variation of a document incorporated by reference in a Certificate shall be treated as variation of the Certificate itself.

Signature

Signed by authority of the Secretary of State for Transport

Caithness

Minister of State,

Department of Transport

9th June 1992

We approve the making of these Regulations.

Gregory Knight

Tim Wood

Two of the Lords Commissioners of Her Majesty’s Treasury

18th June 1992

IFEES PAYABLE TO THE CIVIL AVIATION AUTHORITY

Table 1: Design and construction

Purpose of approvalFee per tonne of maximum weight of hovercraft for which approval is applied for and grantedMinimum Fee
Either or both of the following: Design and construction of hovercraft£3.90£115

Table 2: Maintenance, overhaul and repair

Purpose of approvalFee per tonne of the weight of type of hovercraft having the greatest weight of any types of hovercraft for which approval is applied for and grantedMinimum Fee
*
  1. 1.

    No fee is payable under Table 2 by an organisation or branch approved for the purposes of construction in respect of approval for the purpose of maintenance, overhaul or repair of hovercraft constructed by that organisation.

  2. 2.

    For approval for the purposes of maintenance, overhaul or repair of hovercraft of which the applicant is the sole operator a fixed fee of £60 will be charged in place of any fees which might otherwise be payable in accordance with Tables 2, 4 or 5.

Any or all of the following:

f1Maintenance, overhaul and repair of hovercraft

£2.00£60

1General

(1)

This Part of the Schedule applies to fees payable to the CAA.

(2)

The fees specified in this Part shall be payable when application is made for the certificate, other document or approval as the case may be or, where the amount of the fee is not so specified and depends instead on the actual costs incurred by the CAA, upon receipt of the CAA’s invoice:

Provided that—

(i)

the CAA may require that the application shall be accompanied by payment of an amount up to 5 per cent of the maximum of such fee;

(ii)

the fee in respect of the investigations made during any month shall be payable at the end of that month and any amount paid on application shall be deducted from the fee payable at the end of the final month of investigations.

2Experimental Certificate

Where an application is made for the issue, variation, or renewal of an Experimental Certificate in respect of a hovercraft there shall be paid for any investigations required by the CAA in pursuance of Article 9 of the Order, a fee of an amount equal to the cost of making the investigations:

Provided that the fee shall not exceed, for the first period of 6 months or part thereof required for carrying out the investigations £18,800 or 39p per kg of the maximum weight of the hovercraft, whichever is the greater amount, and thereafter pro rata for every month or part thereof.

3Type Certificates for types of hovercraft

Where an application is made for the issue or variation of a Type Certificate in respect of a type of hovercraft, there shall be paid, for any investigations required by the CAA in pursuance of Article 10 of the Order, a fee of an amount equal to the cost of making the investigations:

Provided that—

(a)

the fee shall not exceed, for the first period of 12 months or part thereof required for carrying out the investigations £45,150 or 93p per kg of the maximum weight of the hovercraft, whichever is the greater amount, and thereafter pro rata for every month or part thereof;

(b)

the cost of the investigations shall not include the cost of investigating any items for which the CAA requires separate type approval;

(c)

the cost of the investigations shall not include the cost of any inspection of a craft which also serves as evidence leading to the first issue of a Safety Certificate for that craft.

4Type Certificates for items

Where an application is made for the issue or variation of a Type Certificate in respect of a type of item, there shall be paid for any investigations required by the CAA in pursuance of Article 10 of the Order, a fee of an amount equal to the cost of making the investigations:

Provided that the fee shall not exceed for the first period of 12 months or part thereof required for carrying out the investigations £22,550, and thereafter pro rata for every month or part thereof.

5Safety Certificates (Issue)

(1)

Where an application is made for the issue of a Safety Certificate, in pursuance of Article 11 of the Order, in respect of a hovercraft which has been used solely in accordance with the conditions of an Experimental Certificate issued by the CAA, the fee to be paid in respect thereof (including any investigations undertaken by the CAA in connection with the application) shall be, for each month or part thereof for which the Safety Certificate is to be in force, on the following scale—

Maximum weight of the HovercraftFee per tonne or part thereof
For the first 10 tonnes …£7.75
For the next 10 tonnes …£6.00
For the next 10 tonnes …£3.90
For the next 10 tonnes …£2.00
For any excess over 40 tonnes …£1.35

plus in each case an amount equal to the fee for an additional 3 months.

(2)

Where an application is made for the issue of a Safety Certificate, in pursuance of Article 11 of the Order, in respect of a hovercraft which has not been used solely in accordance with the conditions of an Experimental Certificate issued by the CAA, the fee to be paid in respect thereof shall be in accordance with the scale of sub-paragraph (1) of this paragraph together with a fee equal to the cost of any additional investigations deemed necessary in the circumstances by the CAA:

Provided that the total fee shall not exceed £22,550 or 43.50p per kg of the maximum weight of the hovercraft, whichever is the greater amount, for the first period of 12 months or part thereof required for carrying out the investigation.

6Safety Certificates (Renewal)

(1)

Where an application is made for the renewal of a Safety Certificate in pursuance of Article 12 of the Order in respect of a hovercraft, within a period of 7 days from the date of expiry of the previous Certificate and where there has been no change in the conditions affecting maintenance during that period, the fee to be paid in respect thereof (including any investigations undertaken by the CAA in connection with the application) shall be, for each month, or part thereof, for which the Certificate is to be renewed, on the following scale—

Maximum weight of the HovercraftFee per tonne or part thereof
For the first 10 tonnes …£7.75
For the next 10 tonnes …£6.00
For the next 10 tonnes …£3.90
For the next 10 tonnes …£2.00
For any excess over 40 tonnes …£1.35
(2)

Where an application for the renewal of a Safety Certificate is not in accordance with the conditions of sub-paragraph (1) of this paragraph or where the storage of the hovercraft has not been in accordance with arrangements having prior CAA approval, the fee to be paid shall be that specified in the scale of sub-paragraph (1) together with the cost of any additional investigations deemed necessary by the CAA:

Provided that the total fee shall not exceed, for the first period of 12 months or part thereof required for carrying out the investigations, £22,550 or 43.50p per kg. of the maximum weight of the hovercraft, whichever is the greater amount.

7Variation of Safety Certificates

Where the application is made for the variation of a Safety Certificate there shall be paid for the investigations required by the CAA a fee equal to the cost of making the investigations:

Provided that the fee shall not exceed, for any period of 12 months or part thereof required for carrying out the investigations £45,150 or 93p per kg. of the maximum weight of the hovercraft, whichever is the greater amount, and thereafter pro rata for every month or part of a month.

8Approval of Persons

(1)

Subject to sub-paragraph (2) of this paragraph, the fee to be paid per annum by a person for the inspection of his organisation for the purposes of approval under Article 14 of the Order shall, for each branch of the organisation which is separately inspected, be in accordance with the following tables—

9Maintenance

(1)
(a)

Where an operator’s organisation is not approved for maintenance, there shall be paid for any visits of inspection pursuant to Article 13 of the Order in excess of one per month made by the CAA to the said operator, a fee equal to the cost of making such visits:

Provided that such fee in no case exceed £400 per visit.

(b)

Where the said unapproved operator obtains for the purpose of maintenance either goods or services or both from an organisation which is not approved by the CAA for such purpose, there shall be paid by the operator for any visits of inspection made to the suppliers of such goods or services or both, a fee equal to the cost of making such visits:

Provided that—

(i)

a total of one visit per month to the said operator or such suppliers shall not be subject to charges;

(ii)

such fee shall in no case exceed £400 per visit.

(2)

In this paragraph the term “maintenance”shall be deemed to include the installation of a modification covered by a variation of a document incorporated by reference in a Type Certificate.

(3)

In sub-paragraph (1) above “visits of inspection”means visits made to an organisation for the purpose of investigating and approving maintenance arrangements. A visit shall be any visit of twenty-four hours or less.

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke the Hovercraft (Fees) Regulations 1989.

These Regulations prescribe an average increase of 15% in the fees to be paid to the Civil Aviation Authority for the issue of Type and Safety Certificates, and other matters under Part II (Certification and Maintenance) of the Hovercraft (General) Order 1972, and a decrease of about 7.6% in the fees to be paid to the Department of Transport for the issue of operating permits and other matters under Part III (Duties of Operator and Captain) of the Hovercraft (General) Order 1972. They include new provisions to charge for waiting time and unusual hours.