Statutory Instrument 2000 No. 1562

      The Air Navigation Order 2000


      © Crown Copyright 2000

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STATUTORY INSTRUMENTS


2000 No. 1562

CIVIL AVIATION

The Air Navigation Order 2000

  Made 14th June 2000 
  Laid before Parliament 26th June 2000 
  Coming into force 19th July 2000 


ARRANGEMENT OF ORDER


CITATION, COMMENCEMENT AND REVOCATION
1 Citation and commencement
2 Revocation

PART I

REGISTRATION AND MARKING OF AIRCRAFT
3 Aircraft to be registered
4 Registration of aircraft in the United Kingdom
5 Nationality and registration marks

PART II

AIR OPERATORS' CERTIFICATES
6 Issue of air operators' certificates
7 Issue of police air operators' certificates

PART III

AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
8 Certificate of airworthiness to be in force
9 Issue, renewal, etc., of certificates of airworthiness
10 Certificate of maintenance review
11 Technical log
12 Inspection, overhaul, repair, replacement and modification
13 Licensing of maintenance engineers
14 Equipment of aircraft
15 Radio equipment of aircraft
16 Minimum equipment requirements
17 Aircraft, engine and propeller log books
18 Aircraft weight schedule
19 Access and inspection for airworthiness purposes

PART IV

AIRCRAFT CREW AND LICENSING
20 Composition of crew of aircraft
21 Members of flight crew - requirement for licence
22 Grant, renewal and effect of flight crew licences
23 Maintenance of privileges of aircraft ratings in United Kingdom licences
24 Maintenance of privileges of aircraft ratings in JAR-FCL licences, United Kingdom aeroplane licences for which there are JAR-FCL equivalents, United Kingdom Basic Commercial Pilot's Licences and United Kingdom Flight Engineer's Licences
25 Maintenance of privileges of other ratings
26 Miscellaneous licensing provisions
27 Validation of licences
28 Personal flying log book
29 Instruction in flying
30 Glider pilot - minimum age

PART V

OPERATION OF AIRCRAFT
31 Operations Manual
32 Police operations manual
33 Training Manual
34 Public transport - operator's responsibilities
35 Loading - public transport aircraft and suspended loads
36 Public transport - operating conditions
37 Public transport operations at night or in instrument meteorological conditions by single engined aeroplanes not registered in the United Kingdom
38 Public transport aircraft registered in the United Kingdom - aerodrome operating minima
39 Public transport aircraft not registered in the United Kingdom - aerodrome operating minima
40 Non-public transport aircraft - aerodrome operating minima
41 Pilots to remain at controls
42 Wearing of survival suits by crew
43 Pre-flight action by commander of aircraft
44 Passenger briefing by commander
45 Public transport of passengers - additional duties of commander
46 Operation of radio in aircraft
47 Minimum navigation performance
48 Height keeping performance - aircraft registered in the United Kingdom
49 Height keeping performance - aircraft registered elsewhere than in the United Kingdom
50 Area navigation equipment - aircraft registered in the United Kingdom
51 Area navigation equipment - aircraft registered elsewhere than in the United Kingdom
52 Use of airborne collision avoidance system
53 Use of flight recording systems and preservation of records
54 Towing of gliders
55 Towing, picking up and raising of persons and articles
56 Dropping of articles and animals
57 Dropping of persons
58 Issue of aerial application certificates
59 Carriage of weapons and of munitions of war
60 Carriage of dangerous goods
61 Method of carriage of persons
62 Exits and break-in markings
63 Endangering safety of an aircraft
64 Endangering safety of any person or property
65 Drunkenness in aircraft
66 Smoking in aircraft
67 Authority of commander of aircraft
68 Acting in a disruptive manner
69 Stowaways
70 Flying displays

PART VI

FATIGUE OF CREW AND PROTECTION OF CREW FROM COSMIC RADIATION
71 Application and interpretation of Part VI
72 Fatigue of crew - operator's responsibilities
73 Fatigue of crew - responsibilities of crew
74 Flight times, responsibilities of flight crew
75 Protection of air crew from cosmic radiation

PART VII

DOCUMENTS AND RECORDS
76 Documents to be carried
77 Keeping and production of records of exposure to cosmic radiation
78 Production of documents and records
79 Power to inspect and copy documents and records
80 Preservation of documents, etc.
81 Revocation, suspension and variation of certificates, licences and other documents
82 Revocation, suspension and variation of permissions, etc. granted under article 113 or article 115
83 Offences in relation to documents and records

PART VIII

MOVEMENT OF AIRCRAFT
84 Rules of the air
85 Power to prohibit or restrict flying
86 Balloons, kites, airships, gliders and parascending parachutes
87 Regulation of small aircraft

PART IX

AIR TRAFFIC SERVICES
88 Requirement for permission for the provision of air traffic services
89 Manual of air traffic services
90 Provision of air traffic services
91 Use of radio call signs at aerodromes
92 Licensing of air traffic controllers and student air traffic controllers
93 Approval of courses and persons
94 Prohibition of unlicensed air traffic controllers and student air traffic controllers
95 Incapacity of air traffic controllers
96 Prohibition of drunkeness etc. of controllers
97 Fatigue of air traffic controllers - air traffic controllers' responsibilities
98 Licensing of flight information service officers
99 Prohibition of unlicensed flight information service officers
100 Flight information service manual

PART X

AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS
101 Aerodromes - public transport of passengers and instruction in flying
102 Use of Government and CAA aerodromes
103 Licensing of aerodromes
104 Aeronautical radio stations
105 Aeronautical radio station records
106 Charges at aerodromes licensed for public use
107 Use of aerodromes by aircraft of Contracting States and of the Commonwealth
108 Noise and vibration caused by aircraft on aerodromes
109 Aeronautical lights
110 Dangerous lights
111 Customs and Excise airports
112 Aviation fuel at aerodromes

PART XI

GENERAL
113 Restriction with respect to carriage for valuable consideration in aircraft registered outside the United Kingdom
114 Filing and approval of tariffs
115 Restriction with respect to aerial photography, aerial survey and aerial work in aircraft registered outside the United Kingdom
116 Flights over any foreign country
117 Mandatory reporting
118 Power to prevent aircraft flying
119 Right of access to aerodromes and other places
120 Obstruction of persons
121 Enforcement of directions
122 Penalties
123 Extra-territorial effect of the Order
124 Aircraft in transit over certain United Kingdom territorial waters
125 Application of Order to British-controlled aircraft not registered in the United Kingdom
126 Application of Order to the Crown and visiting forces, etc.
127 Exemption from Order
128 Appeal to County Court or Sheriff Court
129 Interpretation
130 Public transport and aerial work
131 Saving
132 Small aircraft
133 Approval of persons to furnish reports
134 Competent authority

SCHEDULES

  Schedule 1 Revocations

  Schedule 2
 Part A Table of general classification of aircraft
 Part B Nationality and registration marks of aircraft registered in the United Kingdom
 Part C Aircraft dealer's certificate - conditions

  Schedule 3
 Part A A and B Conditions
 Part B Categories of certificates of airworthiness and purposes for which aircraft may fly

  Schedule 4 Aircraft equipment

  Schedule 5 Radio 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 flight crews or suitable navigational equipment on public transport aircraft

  Schedule 8 Flight crew of aircraft - licences and ratings

  Schedule 9 Air traffic controllers - ratings

  Schedule 10 Public transport - operational requirements

  Schedule 11 Documents to be carried by aircraft registered in the United Kingdom

  Schedule 12 Penalties

  Schedule 13 Parts of straits specified in connection with the flight of aircraft in transit over United Kingdom territorial waters

  Schedule 14 Aerodrome manual

At the Court at Buckingham Palace, the 14th day of June 2000

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on 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 of and Schedule 13 to the Civil Aviation Act 1982[2] and Section 35 of the Airports Act 1986[3] and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

CITATION, COMMENCEMENT AND REVOCATION

Citation and Commencement
     1 This Order may be cited as the Air Navigation Order 2000 and shall come into force on 19th July 2000

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



PART I

REGISTRATION AND MARKING OF AIRCRAFT

Aircraft to be registered
    
3  - (1) Subject to paragraph (2) an aircraft shall not fly in or over the United Kingdom unless it is registered in:

    (a) some part of the Commonwealth;

    (b) a Contracting State; or

    (c) some other country in relation to which there is in force an agreement between Her Majesty's Government in the United Kingdom and the Government of that country which makes provision for the flight over the United Kingdom of aircraft registered in that country.

    (2)

    (a) A glider may fly unregistered, and shall be deemed to be registered in the United Kingdom for the purposes of articles 14, 15, 21 and 43 of this Order, on any flight which:

      (i) begins and ends in the United Kingdom without passing over any other country, and

      (ii) is not for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated 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.

    (b) Any aircraft may fly unregistered on any flight which:

      (i) begins and ends in the United Kingdom without passing over any other country, and

      (ii) is in accordance with the 'B Conditions' set forth in Part A of Schedule 3 to this Order.

    (c) Paragraph (1) shall not apply to any kite or captive balloon.

    (3) 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)

    (a) If any unqualified person residing or having a place of business in the United Kingdom holds a legal or beneficial interest by way of ownership in an aircraft, or a share therein, the CAA, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in the United Kingdom.

    (b) The person aforesaid shall not cause or permit the aircraft, while it is registered in pursuance of this paragraph, to be used for the purpose of public transport or aerial work.

    (5) If an aircraft is chartered 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 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 include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as it may require to enable it to determine whether the aircraft may properly be registered in the United Kingdom and to issue the certificate referred to in paragraph (8). In particular, the application shall include the proper description of the aircraft according to column 4 of the 'General classification of aircraft' set forth in Part A of Schedule 2 to this Order.

    (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:

    (a) the number of the certificate;

    (b) the nationality mark of the aircraft, and the registration mark assigned to it by the CAA;

    (c) the name of the constructor of the aircraft and its designation;

    (d) the serial number of the aircraft; and

    (e)

      (i) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and

      (ii) in the case of an aircraft registered in pursuance of paragraphs (4) or (5), an indication that it is so registered.

    (8)

    (a) Subject to sub-paragraph (b) the CAA shall furnish to the person in whose name the aircraft is registered (hereinafter in this article referred to as 'the registered owner') a certificate of registration, which shall include the foregoing particulars and the date on which the certificate was issued.

    (b) The CAA shall not be required to furnish a certificate of registration if the registered owner is the holder of an aircraft dealer's certificate granted under this Order who has made to the CAA and has not withdrawn a statement of his intention that the aircraft is to fly only in accordance with the conditions set forth in Part C of Schedule 2 to this Order, and in that case the aircraft shall fly only in accordance with those conditions.

    (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) and (5), 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:

    (a) any change in the particulars which were furnished to the CAA upon application being made for the registration of the aircraft;

    (b) the destruction of the aircraft, or its permanent withdrawal from use; or

    (c) in the case of an aircraft registered in pursuance of paragraph (5), the termination of the demise charter.

    (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 be inexpedient 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 pursuant to 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 pursuant to 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 to this Order.

    (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' contained in Part A of Schedule 3 to this Order 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 II

AIR OPERATORS' CERTIFICATES

Issue of air operators' certificates
    
6  - (1) Subject to article 7 of this Order, 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)

    (a) The CAA shall grant an air operator's certificate if it is satisfied that the applicant is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes so specified.

    (b) A certificate may be granted subject to such conditions as the CAA thinks fit and shall, subject to article 81 of this Order, remain in force for the period specified in the certificate.

Issue of police air operators' certificates
    
7  - (1) A flight by an aircraft registered in the United Kingdom in the service of a chief officer of police for any area of the United Kingdom (in this Order called 'a police authority') shall, for the purposes of this Order, be deemed to be a flight for the purpose of public transport and if any passenger is carried the flight 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 any such flight as if that flight was for the purpose of public transport or public transport of passengers as the case may be.

    (2) 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) of this Order or the terms of a police air operator's certificate granted to the operator of the aircraft under paragraph (3), certifying that the holder of the certificate is competent to secure that aircraft operated by him on flights for the purpose of police operations are operated as safely as is appropriate having regard to the particular purposes of the flight.

    (3) The CAA shall grant a police air operator's certificate (in this Order called 'a police air operator's certificate') if it is satisfied that the applicant is competent having regard in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, 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. The certificate may be granted subject to such conditions as the CAA thinks fit and shall, subject to the provisions of article 81 of this Order, remain in force for the period specified in the certificate.



PART III

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:

    (a) a glider, if it is not being used for the public transport of passengers or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated 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;

    (b) a balloon flying on a private flight;

    (c) a kite;

    (d) an aircraft flying in accordance with the 'A Conditions' or the 'B Conditions' set forth in Part A of Schedule 3 to this Order; or

    (e) an aircraft flying in accordance with the conditions of a permit to fly issued by the CAA in respect of that aircraft.

    (3) In the case of an aircraft registered in the United Kingdom the certificate of airworthiness referred to in paragraph (1) shall be a certificate issued or rendered valid in accordance with the provisions of article 9 of this Order.

Issue, renewal, etc., of certificates of airworthiness
    
9  - (1) The CAA shall issue in respect of any aircraft a certificate of airworthiness if it is satisfied that the aircraft is fit to fly having regard to:

    (2) Every certificate of airworthiness shall specify such categories as are, in the opinion of the CAA, appropriate to the aircraft in accordance with Part B of Schedule 3 to this Order and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in the said Schedule in relation to those categories.

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

    (4) The certificate of airworthiness may designate the performance group to which the aircraft belongs for the purposes of the requirements referred to in article 36(1) of this Order.

    (5) The CAA may, subject to such conditions as it thinks fit, issue a certificate of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any aircraft under the law of any country other than the United Kingdom.

    (6) Subject to the provisions of this article and of article 81 of this Order, a certificate of airworthiness or validation issued under this article shall remain in force for such period as may be specified therein, and may be renewed from time to time by the CAA for such further period as it thinks fit.

    (7) A certificate of airworthiness or a certificate of validation issued in respect of an aircraft shall cease to be in force:

    (8) Nothing in this Order shall oblige the CAA to accept an application for the issue of a certificate of airworthiness or validation or for the variation or renewal of any such certificate 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).

Certificate of maintenance review
    
10  - (1)

    (2) A maintenance schedule approved pursuant to paragraph (1) in relation to an aircraft in respect of which there has been issued a certificate of airworthiness in either the transport or in the aerial work category shall specify the occasions on which a review must be carried out for the purpose of issuing a certificate of maintenance review.

    (3)

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

    (5)

    (6) Subject to article 80 of this Order, each certificate of maintenance review shall be preserved by the operator of the aircraft for a period of 2 years after it has been issued.

Technical Log
    
11  - (1) A technical log shall be kept in respect of every aircraft registered in the United Kingdom in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force.

    (2)

    (3) Upon the rectification of any defect which has been entered in a technical log in accordance with paragraph (2) a person issuing a certificate of release to service issued under this Order or under JAR-145 in respect of that defect shall enter the certificate in the technical log in such a position as to be readily identifiable with the defect to which it relates.

    (4)

    (5) Subject to the provisions of article 80 of this Order, a technical log or such other approved record required by this article shall be preserved by the operator of the aircraft to which it relates until a date 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.

Inspection, overhaul, repair, replacement and modification
    
12  - (1) This article shall apply to any aircraft registered in the United Kingdom in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force except any such aircraft required to be maintained in accordance with JAR-145.

    (2) Except as provided in paragraphs (4) and (5) 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 9(7)(b) of this Order, as the case may be.

    (3) If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable:

it may fly to a place at which such a certificate can be issued, being the nearest place:

    (4) 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 2730 kg and in respect of which a certificate of airworthiness in the special category is in force, unless the CAA gives a direction to the contrary in a particular case.

    (5)

    (6) 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.

    (7) A certificate of release to service issued under this Order shall:

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

    (9) 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.

Licensing of maintenance engineers
    
13  - (1) The CAA shall grant aircraft maintenance engineers' licences, subject to such conditions as it thinks fit, 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 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 81 of this Order, 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)

    (5) A licence granted under this article shall not be valid unless it bears thereon the ordinary signature of the holder in ink.

    (6) Without prejudice to any other provision of this Order the CAA may, for the purposes of this article, either absolutely or subject to such conditions as it thinks fit:

    (7) The holder of an aircraft maintenance engineer's licence 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 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
    
14  - (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)

    (6) 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.

    (7) Without prejudice to paragraph (2), all navigational equipment (other than radio apparatus) of any of the following types, namely:

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 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.

    (8) This article shall not apply in relation to radio apparatus except that specified in Schedule 4 to this Order.

Radio equipment of aircraft
    
15  - (1) An aircraft shall not fly unless it is so equipped with radio 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 and radio navigation equipment in accordance with Schedule 5 to this Order.

    (3) In any particular case the CAA may direct that an aircraft registered in the United Kingdom shall carry such additional or special radio 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 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 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 be of a type approved by the CAA in relation to the purpose for which it is to be used, and shall, except in the case of a glider which is permitted by article 3(2) of this Order to fly unregistered, be installed in a manner approved by the CAA.

    (6) Neither the equipment referred to in this article nor the manner in which it is installed shall be modified except with the approval of the CAA.

Minimum equipment requirements
    
16  - (1) The CAA may, subject to such conditions as it thinks fit, 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 (including radio apparatus) 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 (including radio apparatus) 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:

Aircraft, engine and propeller log books
    
17  - (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 to this Order and in the case of an aircraft having a maximum total weight authorised not exceeding 2730 kg shall be of a type approved by the CAA.

    (3)

    (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 as aforesaid to keep them or cause them to be kept in accordance with the foregoing provisions of this article.

    (6) Subject to article 80 of this Order every log book shall be preserved by the operator of the aircraft until a date 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
    
18  - (1) Every flying machine and glider in respect of which a certificate of airworthiness issued 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 as aforesaid the operator of the aircraft shall prepare a weight schedule showing:

    (3) Subject to article 80 of this Order 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
    
19 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 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 document relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory.



PART IV

AIRCRAFT CREW AND LICENSING

Composition of crew of aircraft
    
20  - (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 shall carry a flight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under this Order or, if no certificate of airworthiness is required under this Order to be in force, the certificate of airworthiness, if any, last in force under this Order in respect of that aircraft.

    (3)

    (a) A flying machine registered in the United Kingdom and flying for the purpose of public transport having a maximum total weight authorised exceeding 5700 kg shall carry not less than two pilots as members of the flight crew thereof.

    (b)

      (i) Subject to sub-paragraphs (ii) and (iii), an aeroplane registered in the United Kingdom and flying for the purpose of public transport in circumstances where the aircraft commander is required to comply with the Instrument Flight Rules and having a maximum total weight authorised of 5700 kg or less and powered by:

        (aa) one or more turbine jets;

        (bb) one or more turbine propeller engines and provided with a means of pressurising the personnel compartments;

        (cc) two or more turbine propeller engines and certificated to carry more than nine passengers;

        (dd) two or more turbine propeller engines and certificated to carry fewer than 10 passengers and not provided with a means of pressurising the personnel compartments, unless it is equipped with an autopilot which has been approved by the CAA for the purposes of this article and which is serviceable on take-off; or

        (ee) two or more piston engines, unless it is equipped with an autopilot which has been approved by the CAA for the purposes of this article and which is serviceable on take-off;

      shall carry not less than two pilots as members of the flight crew thereof.

      (ii) An aeroplane described in sub-paragraphs (i)(dd) or (i)(ee) which is equipped with an approved autopilot shall not be required to carry two pilots notwithstanding that before take-off the approved autopilot is found to be unserviceable, if the aeroplane flies in accordance with arrangements approved by the CAA.

      (iii) An aeroplane described in sub-paragraphs (i)(cc), (dd) or (ee) which is flying under and in accordance with the terms of a police air operator's certificate shall not be required to carry two pilots.

    (c)

      (i) Subject to sub-paragraphs (i) and (ii), a helicopter registered in the United Kingdom which has a maximum total weight authorised of 5,700kg or less and a maximum approved seating configuration of 9 or less which is flying for the purpose of public transport in circumstances where the aircraft commander is required to comply with the Instrument Flight Rules or which is flying by night with visual ground reference shall carry not less than two pilots as members of the flight crew thereof unless it is equipped with an autopilot with, at least, altitude hold and heading mode which is serviceable on take off.

      (ii) A helicopter described in sub-paragraph (c)(i) which is equipped with an approved autopilot shall not be required to carry two pilots notwithstanding that before take-off the approved autopilot is found to be unserviceable, if the helicopter flies in accordance with arrangements approved by the CAA.

      (iii) A helicopter described in sub-paragraph (c)(i) which is flying under and in accordance with the terms of a police air operator's certificate shall not be required to carry two pilots.

    (4)

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

      (i) a flight navigator as a member of the flight crew; or

      (ii) navigational equipment suitable for the route to be flown;

    if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown, and to pass over part of an area specified in Schedule 7 to this Order.

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

    (5) An aircraft registered in the United Kingdom which is required by the provisions of article 15 of this Order to be equipped with radio communciations apparatus shall carry a flight radiotelephony operator as a member of the flight crew.

    (6) The CAA may, in the interests of safety, direct the operator of an 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 flight crew required to be carried by the provisions of this article, such additional persons as members of the flight crew as it may specify in the direction.

    (7)

    (a) This paragraph applies to any flight for the purpose of public transport by an aircraft registered in the United Kingdom:

      (i) on which is carried 20 or more passengers; or

      (ii) which may in accordance with its certificate of airworthiness carry more than 35 passengers and on which at least one passenger is carried.

    (b) The crew of an aircraft on a flight to which this paragraph applies shall include cabin attendants 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.

    (c)

      (i) Subject to sub-paragraph (ii), on a flight to which this paragraph applies, there shall be carried not less than one cabin attendant for every 50 or fraction of 50 passenger seats installed in the aircraft.

      (ii) The number of cabin attendants calculated in accordance with sub-paragraph (i) need not be carried if the CAA has granted written permission to the operator to carry a lesser number on that flight and the operator carries the number specified in that permission and complies with any other terms and conditions subject to which such permission is granted.

    (8) 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 cabin attendants required to be carried therein by the foregoing provisions of this article, such additional persons as cabin attendants as it may specify in the direction.

Members of flight crew - requirement for licence
    
21  - (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)

    (5)

    (6) 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.

    (7) Notwithstanding the provisions of 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.

    (8) 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.

    (9) 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:

    (10) Notwithstanding anything in this article:

Grant, renewal and effect of flight crew licences
    
22

    (1)

    (2)

    (3)

    (4) Subject to any conditions of the licence including those specified in Part A of the said Schedule and to the 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 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 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
    
23

    (1)

    (2)

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
    
24

    (1) This article applies to JAR-FCL licences, United Kingdom aeroplane licences for which there are JAR-FCL equivalents and United Kingdom Basic Commercial Pilot's Licences. United Kingdom Flight Engineers Licences and on after 1st July 2000 and United Kingdom helicopter licences for which there are JAR-FCL equivalents.

    (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 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 revalidation in respect of the rating, which certificate shall be appropriate to the functions he is to perform on the flight in accordance with Section 2 of Part C of the said Schedule and shall otherwise comply with that Part.

Maintenance of privileges of other ratings
    
25

    (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 to this Order 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, which certificate shall be appropriate to the functions to which the rating relates in accordance with Section 2 of Part C of the said Schedule and shall otherwise comply with that Part.

Miscellaneous licensing provisions
    
26

    (1) A person who, on the last occasion when he took a test for the purposes of articles 23, 24, or 25, 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)

    (3)

    (4) 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:

    (5) 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 22(1), 22(3), 23(2), 24(2) or 25, notwithstanding that the type of aircraft in which the test is conducted is not specified in an aircraft rating included in his licence or that the licence or personal flying log book, as the case may be, does not include a valid certificate of test, experience or revalidation in respect of the type of aircraft.

    (6) Where any provision of Part C of Schedule 8 or Part B of Schedule 10 to this Order permits a test to be conducted in a flight simulator approved by the CAA, that approval may be granted subject to such conditions as the CAA thinks fit.

    (7) Without prejudice to any other provision of this Order the CAA may, for the purpose of this Part of this Order, either absolutely or subject to such conditions as it thinks fit:

Validation of Licences
    
27  - (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 other than a JAA licence. A certificate of validation may be issued subject to such conditions and for such periods as the CAA thinks fit.

    (2) Pursuant to Council Directive 91/670 EEC[
6] on mutual acceptance of personnel licences for the exercise of functions in civil aviation as it has effect in accordance with the EEA Agreement[7] as amended by the Decision of the EEA Joint Committee No. 7/94 of 21st March 1994[8], 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 22 of this Order.

    (4)

    (a) The CAA may ask the Commission for an opinion on the equivalence of a licence submitted for validation pursuant to paragraph (2) of this article within three weeks of receipt by the CAA of all necessary information in respect of an application for validation.

    (b) If the CAA does not ask the Commission for such an opinion, the CAA shall within three months of receipt of all necessary information in respect of the application either issue the certificate of validation or inform the applicant of any additional requirements or tests which are necessary to enable the CAA to grant the certificate of validation.

    (5)

    (a) If after the examination of a licence the CAA has reasonable doubts as to the equivalence of that licence, the CAA may stipulate additional requirements and/or tests as necessary to enable the certificate of validation to be issued.

    (b) Any such additional requirements and/or tests shall be notified as soon as reasonably practicable to the licence holder, the authority which issued the licence and to the Commission.

    (6) Pursuant to 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
     28  - (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
    
29  - (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
    
30 A person under the age of 16 years shall not act as pilot in command of a glider.



PART V

OPERATION OF AIRCRAFT

Operations manual
    
31  - (1)

    (a) Subject to sub-paragraph (b), this article shall apply to public transport aircraft registered in the United Kingdom except aircraft used for the time being solely for flights not intended to exceed 60 minutes in duration, which are either:

      (i) flights solely for training persons to perform duties in an aircraft; or

      (ii) flights intended to begin and end at the same aerodrome.

    (b) This article shall not apply to an 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)

    (a) The operator of every aircraft to which this article applies shall:

      (i) make available to each member of his operating staff an operations manual;

      (ii) ensure that each copy of the operations manual is kept up to date; and

      (iii) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.

    (b)

      (i) Subject to sub-paragraph (ii), each operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such including in particular information and instructions relating to the matters specified in Part A of Schedule 10 to this Order.

      (ii) The operations manual shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.

    (3)

    (a) 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 the operations manual for the time being in effect in respect of the aircraft.

    (b) Subject to sub-paragraph (c), 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.

    (c) 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.

    (d) Without prejudice to the foregoing sub-paragraphs, 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.

    (4) For the purposes of this article, article 32, article 58 of and Schedule 10 to this Order, 'operating staff' means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions.

    (5) If in the course of a flight on which the equipment specified in Scale O in paragraph 5 of Schedule 4 hereto 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
    
32  - (1) This article shall apply to aircraft flying, or intended by the operator of the aircraft to fly, 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)

    (4) The CAA may approve Part I of the police operations manual for the purposes of this article either absolutely or subject to such conditions as it thinks fit.

    (5)

    (6) Without prejudice to the foregoing paragraphs, 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.

    (7) For the purposes of this article 'operating staff' has the meaning ascribed to it in article 31(4) of this Order.

Training manual
    
33  - (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 34(3) of this Order to perform his duties as such including in particular information and instructions relating to the matters specified in Part C of Schedule 10 to this Order.

    (4)

Public transport - operator's responsibilities
    
34  - (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 pursuant to article 6 of this Order, 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 thereof 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 B of the said Schedule 10.

    (5) The operator of an aircraft registered in the United Kingdom shall not permit any member of the flight crew thereof, 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
    
35  - (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)

    (3) The operator of an aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in paragraph (1).

    (4)

    (5)

    (6) 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 such baggage can be properly secured and, in the case of an aircraft capable of seating more than 30 passengers, such baggage (other than baggage carried in accordance with a permission issued pursuant to article 45(2)(d) of this Order) shall not exceed the capacity of the spaces in the passenger compartment approved by the CAA for the purpose of stowing baggage.

Public transport - operating conditions
    
36  - (1) An aircraft 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 aircraft 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)

    (3) A flying machine 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 aircraft:

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

    (4)

    (5)

    (6)

    (7) Notwithstanding the provisions of paragraph (1), a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance group A or performance group A (Restricted) may fly for the purpose of public transport in accordance with the weight and related performance requirements prescribed for helicopters designated as being of:

    (8) For the purposes of this article a 'permitted passenger' means:

Public transport operations at night or in Instrument Meteorological Conditions by single engined aeroplanes not registered in the United Kingdom
    
37 An aeroplane which is not registered in the United Kingdom and is powered by one engine 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 and forecast for the estimated time of landing at the aerodrome at which it is intended to land and 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
    
38  - (1) This article shall apply to public transport aircraft registered in the United Kingdom.

    (2)

    (3) 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.

    (4) 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.

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

    (6) An aircraft to which article 31 of this Order applies, when making a descent to an aerodrome, shall not descend from a height of 1000 ft or more above the aerodrome to a height less than 1000 ft above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

    (7) 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) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air 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.

    (9) 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 pursuant to sub-paragraphs (2)(b) or (2)(c)(ii).

Public transport aircraft not registered in the United Kingdom - aerodrome operating minima
    
39  - (1) This article shall apply to public transport aircraft registered in a country other than the United Kingdom.

    (2) An aircraft to which this article applies shall not fly in or over the United Kingdom unless the operator thereof 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)

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

    (6) Without prejudice to the provisions of 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 1000 feet or more above the aerodrome to a height of less than 1000 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 the provisions of 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
    
40  - (1) This article shall apply to any aircraft which is not a public transport aircraft.

    (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 1000 ft or more above the aerodrome to a height less than 1000 ft above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.

    (3) 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.

    (4) 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.

Pilots to remain at controls
    
41  - (1)

    (2) 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 14 of and Schedule 4 to this Order to be provided.

Wearing of survival suits by crew
    
42  - (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 14 and Schedule 4 to this Order 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
    
43 The commander of an aircraft registered in the United Kingdom shall reasonably satisfy himself before the aircraft takes off:

Passenger briefing by commander
    
44  - (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
    
45  - (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 relation to every flight to which this article applies the commander of the aircraft shall:

Operation of radio in aircraft
    
46  - (1) The 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)

    (3) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio 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.

    (4) 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:

    (5) 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 intercommuni cation within the aircraft) whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing.

Minimum navigation performance
    
47

    (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 be approved by the CAA, installed and maintained in a manner approved by the CAA and shall, while the aircraft is flying in the said airspace, be operated in accordance with procedures approved by the CAA.

    (3) An approval granted by the CAA for the purposes of this article shall be in writing and may be subject to such conditions as the CAA thinks fit.

Height keeping performance - aircraft registered in the United Kingdom
    
48

    (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 be approved by the CAA, installed and maintained in a manner approved by the CAA and shall, while the aircraft is flying in the said airspace, be operated in accordance with procedures approved by the CAA.

    (3) An approval granted by the CAA for the purposes of this article shall be in writing and may be subject to such conditions as the CAA thinks fit.

Height keeping performance - aircraft registered elsewhere than in the United Kingdom
    
49

    (1) 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 equipment - aircraft registered in the United Kingdom
    
50  - (1) An aircraft registered in the United Kingdom shall not fly in controlled airspace notified for the purposes of this paragraph as an area navigation route or area unless:

    (2) An aircraft registered in the United Kingdom shall not, when flying in controlled airspace notified for the purposes of this paragraph, not being an area navigation route or area, be navigated by means of area navigation equipment unless:

    (3)

Area navigation equipment - aircraft registered elsewhere than in the United Kingdom
    
51  - (1) An aircraft registered elsewhere than in the United Kingdom shall not fly in controlled airspace notified for the purposes of paragraph (1) of article 50 unless:

    (2) An aircraft registered elswhere than in the United Kingdom shall not, when flying in controlled airspace notified for the purposes of paragraph (2) of article 50, be navigated by means of area navigation equipment unless:

Use of airborne collision avoidance system
    
52 On any flight on which an airborne collision avoidance system is required by paragraph 1 of Schedule 5 to this Order to be carried in an aeroplane, the system shall be operated:

Use of flight recording systems and preservation of records
    
53  - (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 4(4), (5), (6) or (7) of Schedule 4 to this Order 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 80 of this Order, 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 4(16) of Schedule 4 to this Order 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 80 of this Order, preserve:

    (5) The additional recording retained pursuant to sub-paragraphs (b)(ii)(aa) and (bb) of paragraph (4) shall, together with the recording required to be retained pursuant to 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.

    (6) An approval granted by the CAA for the purposes of this article shall be in writing and may be subject to such conditions as the CAA thinks fit.

Towing of gliders
    
54  - (1) An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which that aircraft is registered 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.

Towing, picking up and raising of persons and articles
    
55  - (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 the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered 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
    
56  - (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 58 of this Order, 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 the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.

Dropping of persons
    
57  - (1) A person shall not drop, be dropped or 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 written 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 permission under paragraph (1), 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)

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

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

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

Issue of aerial application certificates
    
58  - (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)

    (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 which shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such. The holder of a certificate shall make such amendments of or additions to the manual as the CAA may require.

    (4) For the purposes of this article 'operating staff' has the meaning ascribed to it in article 31(4) of this Order.

Carriage of weapons and of munitions of war
    
59  - (1) Subject to paragraph (4) an aircraft shall not carry any munition of war unless:

    (2)

    (3)

    (4) 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.

    (5) For the purposes of this article:

Carriage of dangerous goods
    
60  - (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 59 of this Order.

Method of carriage of persons
    
61  - (1)

    (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
    
62  - (1) Subject to paragraph (5)(b), this article shall apply to every public transport aircraft registered in the United Kingdom.

    (2)

    (3) Every exit from the aircraft shall be marked with the words 'Exit' or 'Emergency Exit' in capital letters.

    (4)

    (5)

    (6) On every flight by an aircraft to which this article applies, being an aircraft of which the maximum total weight authorised exceeds 5700 kg, every exit from such an aircraft intended to be used by passengers in an emergency shall be marked upon the exterior of the aircraft by a band not less than 5 centimetres in width outlining the exit.

    (7) The markings required by this article shall:

    (8)

Endangering safety of an aircraft
    
63 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
    
64 A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property.

Drunkenness in aircraft
    
65  - (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
    
66  - (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 and members of the crew of an aircraft
    
67 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
    
68 No person shall while in an aircraft:

Stowaways
    
69 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 thereof or of any other person entitled to give consent to his being carried in the aircraft.

Flying Displays
    
70  - (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 in writing of the CAA under paragraph (4) for that flying display and complies with any conditions therein specified.

    (2)

    (3) 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.

    (4)

    (5) The CAA shall, for the purposes of this article, either unconditionally or subject to such conditions as it thinks fit:

    (6) A pilot display authorisation granted in accordance with this article shall, subject to article 81 of this Order, remain in force for the period indicated in the pilot display authorisation.

    (7)

    (8) Paragraph (1) shall not apply to either:

    (9) 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.

    (10) 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 thereof whether or not such race or contest is held in association with a flying display.



PART VI

FATIGUE OF CREW AND PROTECTION OF CREW FROM COSMIC RADIATION

Application and interpretation of Part VI
    
71  - (1)

    (a) Subject to sub-paragraph (b), articles 72 and 73 of this Order apply in relation to any aircraft registered in the United Kingdom which is either:

      (i) engaged on a flight for the purpose of public transport; or

      (ii) operated by an air transport undertaking.

    (b) Articles 72 and 73 of this Order 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.

    (2) For the purposes of this Order:

    (a) 'flight time', in relation to any person, means all time spent by that person in:

      (i) a civil aircraft whether or not registered in the United Kingdom (other than such an aircraft of which the maximum total weight authorised does not exceed 1600 kg and which is not flying for the purpose of public transport or aerial work); or

      (ii) a military aircraft (other than such an aircraft of which the maximum total weight authorised does not exceed 1600 kg and which is flying on a military air experience flight),

    while it is in flight and he is carried therein as a member of the crew thereof;

    (b) 'day' means a continuous period of 24 hours beginning at midnight Co-ordinated Universal Time;

    (c) 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; and

    (d) a military air experience flight is a flight by a military aircraft operated under the auspices of the Royal Air Force Air Cadet Organisation for the purpose of providing air experience to its cadets.

Fatigue of crew - operator's responsibilities
    
72  - (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 80, 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
    
73  - (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
    
74  - (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)

Protection of air crew from cosmic radiation
    
75  - (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 129 of "crew" shall not apply for the purposes of this article.

    (5) In this article and in article 77 - 

    (6) In this article - 

    (a) "highly exposed air crew" and "milliSievert" have the same respective meanings as in article 42 of Council Directive 96/29/Euratom of 13th May 1996; and

    (b) "year" means any period of twelve months.



PART VII

DOCUMENTS AND RECORDS

Documents to be carried
     76  - (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)

    (a) Subject to sub-paragraph (b), an aircraft registered in the United Kingdom shall, when in flight, carry documents in accordance with Schedule 11 to this Order.

    (b) 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
    
77  - (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 75 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
    
78  - (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)

    (4) Every person required by article 28 of this Order 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 2 years after the date of the last entry therein.

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

Preservation of documents, etc.
    
80  - (1) Subject to paragraph (2), 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)

Revocation, suspension and variation of certificates, licences and other docu ments
    
81  - (1)

    (2) 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.

    (3) 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.

    (4) The provisions of article 82 of this Order shall have effect, in place of the provisions of this article, in relation to permits to which that article applies.

    (5) Notwithstanding paragraph (1), a flight manual, performance schedule or other document incorporated by reference in the 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 113 or article 115
    
82  - (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. In particular, and without prejudice to the generality of the foregoing, the Secretary of State may exercise his said powers if:

    (5) 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.

    (6) 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.

    (7) The permits to which this article applies are permissions granted by the Secretary of State under article 113 or article 115 of this Order 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.

    (8) 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
    
83  - (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 thereof.

    (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 JAR-145 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 JAR-145 unless he is authorised to do so under this Order or JAR-145.

    (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 VIII

MOVEMENT OF AIRCRAFT

Rules of the Air
    
84  - (1) Without prejudice to any other provision of this Order, the Secretary of State may make regulations (hereinafter referred to in this Order as the 'Rules of the Air') prescribing:

    (a) the manner in which aircraft may move or fly including in particular provision for requiring aircraft to give way to military aircraft;

    (b) the lights and other signals to be shown or made by aircraft or persons;

    (c) the lighting and marking of aerodromes; and

    (d) any other provisions for securing the safety of aircraft in flight and in movement and the safety of persons and property on the surface.

    (2) Subject to the provisions of 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:

    (a) for avoiding immediate danger;

    (b) for complying with the law of any country other than the United Kingdom within which the aircraft then is; or

    (c) for complying with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State in relation to an aircraft of which the commander is acting as such in the course of his duty as a member of any of Her Majesty's naval, military or air forces.

    (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
    
85  - (1)

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

    (3) 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)(a)(iii) he shall, unless otherwise instructed pursuant to paragraph (4), 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.

    (4) 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)(a)(iii) 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
    
86  - (1) The provisions of this article shall apply only to or in relation to aircraft within the United Kingdom.

    (2)

    (3) An uncontrollable balloon in captive or released flight shall not be flown in airspace notified for the purposes of this paragraph without the permission in writing of the CAA and in accordance with any conditions subject to which that permission may have been granted.

    (4) A controllable balloon shall not be flown in free controlled flight:

except during the day and in visual meteorological conditions.

    (5) A controllable balloon shall not be flown in tethered flight:

except with the permission of the appropriate air traffic control unit and in accordance with any conditions subject to which that permission may have been granted.

    (6) 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.

    (7) An airship with a capacity exceeding 3000 cubic metres shall not be moored other than at a notified aerodrome except with the permission in writing of the CAA and in accordance with any conditions subject to which that permission may have been granted.

    (8) An airship with a capacity not exceeding 3000 cubic metres, unless it is moored on a notified aerodrome, shall not be moored:

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

    (10)

    (11) For the purposes of this article 'a notified aerodrome' is an aerodrome notified for the purposes of rule 39 of the Rules of the Air Regulations 1996[10] and the 'notified operating hours' means the times notified in respect of an aerodrome during which that rule applies.

Regulation of small aircraft
     87  - (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:



PART IX

AIR TRAFFIC SERVICES

Requirement for approval for the provision of air traffic services
    
88 No person in charge of the provision of an air traffic control service shall provide such a service otherwise than under and in accordance with the terms of an approval granted to him by the CAA, and the CAA shall grant an 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.

Manual of Air Traffic Services
    
89 A person shall not provide an air traffic control service at any place unless:

    (a) the service is provided in accordance with the standards and procedures specified in a manual of air traffic services in respect of that place;

    (b) the manual is produced to the CAA within a reasonable time after a request for its production is made by the CAA; and

    (c) such amendments or additions have been made to the manual as the CAA may from time to time require.

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

    (2) The CAA may direct that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such air traffic control service, aerodrome flight information service or means of two-way radio communication as the CAA considers appropriate in respect thereof. The CAA may specify in the direction the periods during and the times at which such a service or such means shall be provided and the person in charge of the aerodrome shall cause such a service or such means to be provided in accordance with any such direction.

    (3) Obligations to cause an air traffic control service to be provided arising under paragraph (1) or (2) are without prejudice to each other.

Use of radio call signs at aerodromes
    
91 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.

Licensing of air traffic controllers and student air traffic controllers
    
92

    (1)

    (2)

    (3) The CAA may include in an air traffic controller's licence, subject to such conditions as it thinks fit and upon its being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating relates, a rating of any of the classes set forth in Schedule 9 to this Order specifying the type of air traffic control service which the holder of the licence is competent to provide and such a rating shall be deemed to form part of the licence.

    (4)

    (5)

    (6) Every licence to act as a student air traffic controller shall be valid only for the purpose of authorising the holder to act as an air traffic controller under the supervision of another person who is present at the time and who is the holder of an air traffic controller's licence entitling him to provide unsupervised the type of air traffic control service which is being provided by the student air traffic controller and who is approved by the CAA for this purpose.

    (7) A licence to act as an air traffic controller or a student air traffic controller shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.

    (8) Every holder of an air traffic controller's licence or a student air traffic controller's licence shall, upon such occasions as the CAA may require, submit himself to such examinations and tests (including in particular 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.

    (9) On the basis of the medical examination referred to in paragraph (8), 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. The certificate shall, subject to article 95 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.

    (10)

    (11) For the purposes of this Part of this Order and Schedule 9 thereto, 'acting as an air traffic controller' shall mean the giving of instructions or advice or both instructions and advice by means of radio signals (whether directly or indirectly via a person acting in accordance with article 94(3) of this Order) to aircraft in the interests of safety.

Approval of courses and persons
    
93 Without prejudice to any other provision of this Order the CAA may, for the purposes of this Part of this Order, either absolutely or subject to such conditions as it thinks fit:

Prohibition of unlicensed air traffic controllers and student air traffic con trollers
    
94  - (1) Subject to paragraphs (3), (4) and (5), 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 terms 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) Nothing in this article shall prohibit the holder of a valid air traffic controller's licence from providing at any place or for any sector for which the licence includes a valid certificate of competence, information to aircraft in flight in the interests of safety.

    (5) 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.

Incapacity of air traffic controllers
    
95  - (1) Every holder of an air traffic controller's licence granted under article 92 of this Order who:

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

    (2) An air traffic controller's licence shall be deemed to be suspended on the expiry of the period of injury or illness referred to in paragraph (1)(a) and the suspension of the licence shall cease:

Prohibition of drunkenness etc. of controllers
    
96 A person shall not when exercising the privileges of an air traffic controller's licence be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.

Fatigue of air traffic controllers - air traffic controllers' responsibilities
    
97 A person holding an air traffic controller's licence 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.

Licensing of flight information service officers
    
98  - (1)

    (2)

    (3)

    (4) 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 with his ordinary signature.

    (5) 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.

Prohibition of unlicensed flight information service officers
    
99  - (1) A person shall not provide at any aerodrome or area control centre a flight information service or hold himself out, whether by use of a radio call sign or in any other way, as a person who may provide such a service 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 provide such a service at that aerodrome or area control centre.

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

Flight information service manual
    
100 A person shall not provide a flight information service at any aerodrome or area control centre unless:



PART X

AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS

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

    (a) an aerodrome licensed under this Order for the take-off and landing of such aircraft; or

    (b) a Government aerodrome, or an aerodrome owned or managed by the CAA, notified as available for the take-off and landing of such aircraft, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take off or land as the case may be;

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 (3), paragraph (1) applies to:

    (a) aeroplanes of which the maximum total weight authorised exceeds 2730 kg and which are flying:

      (i) for the purpose of the public transport of passengers;

      (ii) for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot's licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or

      (iii) for the purpose of carrying out flying tests in respect of the grant of a pilot's licence or the inclusion of an aircraft rating or a night rating in a licence;

    (b) aeroplanes of which the maximum total weight authorised does not exceed 2730 kg engaged on either:

      (i) scheduled journeys for the purpose of the public transport of passengers;

      (ii) flights for the purpose of the public transport of passengers beginning and ending at the same aerodrome;

      (iii) flights for the purpose of:

        (aa) instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot's licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or

        (bb) a flying test in respect of the grant of a pilot's licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or

      (iv) flights for the purpose of the public transport of passengers at night;

    (c) helicopters and gyroplanes engaged on such flights as are specified in sub-paragraphs (b)(i) and (iii); and

    (d) gliders (other than gliders being flown under arrangements made by a flying club and carrying no person other than a member of the club) which are flying for the purpose of the public transport of passengers or for the purpose of instruction in flying.

    (3) Nothing in paragraph (1) shall apply to or in relation to an aircraft flying under and in accordance with the terms of a police air operator's certificate.

    (4)

    (a) Subject to sub-paragraph (c), the person in charge of any area in the United Kingdom intended to be used for the taking off or landing of helicopters at night other than such a place as is specified in paragraph (1) shall cause to be in operation, whenever a helicopter flying for the purpose of the public transport of passengers is taking off or landing at that area by night, such lighting as will enable the pilot of the helicopter:

      (i) in the case of landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing; and

      (ii) in the case of taking off, to make a safe take-off.

    (b) Subject to sub-paragraph (c), a helicopter flying for the purpose of the public transport of passengers at night shall not take off or land at a place to which sub-paragraph (a) applies unless there is in operation such lighting.

    (c) Nothing in this paragraph shall 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 and CAA aerodromes
    
102 The CAA may cause to be notified subject to such conditions as it thinks fit:

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
    
103  - (1) The CAA shall grant a licence in respect of any aerodrome in the United Kingdom if it is satisfied that:

    (2) An aerodrome licence may be granted subject to such conditions as the CAA thinks fit and shall, subject to article 81 of this Order, remain in force for the period specified in the licence.

    (3) Without prejudice to the generality of paragraph (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 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.

    (4) The holder of an aerodrome licence granted under this Order (in this article called 'an aerodrome licence holder') shall:

    (5) The holder of an aerodrome licence granted under this Order shall not contravene or cause or permit to be contravened any condition of the aerodrome licence at any time in relation to such aircraft engaged on such flights as are specified in article 101(2) of this Order, but the licence shall not cease to be valid by reason only of such a contravention.

    (6) 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.

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

    (8) An aerodrome manual required pursuant to 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 14 to this Order.

    (9) Every aerodrome licence holder shall:

    (10)

    (11) For the purposes of this article:

Aeronautical radio stations
    
104  - (1) A person shall not cause or permit any aeronautical radio station to be established or used unless its purpose has been approved by the CAA and the equipment thereof is of a type the specification of which is approved by the CAA in relation to the purpose for which it is to be used.

    (2)

    (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 hours of operation of any service which is available for use by any aircraft, and in approving the purpose for which an aeronautical radio station is to be used at any other aerodrome the CAA may if it thinks fit require the person in charge of the aeronautical radio station to cause such information as aforesaid to be notified.

    (4) For the purpose of this article an approval shall be in writing and may be granted subject to such conditions as the CAA thinks fit.

    (5) The provisions of this article shall not apply in respect of any aeronautical radio station of which the person in charge is the CAA or the Secretary of State.

Aeronautical radio station records
    
105  - (1) The person in charge of any aeronautical radio station, the purpose of which is to provide navigational aid by radio or radar to an aircraft making an approach to land or landing at an aerodrome, shall in respect of all aeronautical radio stations operated by him at that aerodrome:

    (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 apparatus which is capable of recording the terms or content of any radio message or signal transmitted to any aircraft either alone or in common with other aircraft or received from any aircraft by the air traffic control unit.

    (3) The apparatus provided in compliance with paragraph (2) shall be:

and for the purpose of this article an approval shall be in writing and may be granted subject to such conditions as the CAA thinks fit.

    (4) The person in charge of an aeronautical radio station shall ensure that each record made by the apparatus provided in compliance with paragraph (2) includes:

    (5) If at any time the apparatus provided in compliance with paragraph (2) ceases to be capable of recording the matters required by this article to be included in the record the person in charge of the aeronautical radio station shall ensure that a written record is kept in which the particulars specified in paragraph (4) are recorded together with a summary of communications exchanged between the aeronautical radio station and aircraft.

    (6) The person in charge of the aeronautical radio station shall preserve any record made in compliance with paragraphs (2) and (5) for a period of 30 days from the date on which the message or signal was recorded or for 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.

    (7)

    (8) The provisions of this article shall not apply in respect of any aeronautical radio station of which the person in charge is the CAA or the Secretary of State.

Charges at aerodromes licensed for public use
    
106 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 Common wealth
    
107 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 air navigation facilities provided thereat, 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
    
108 The Secretary of State may prescribe the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, aerodromes owned or managed by the CAA, 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, and 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 as aforesaid.

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

Dangerous lights
    
110  - (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 airports
    
111  - (1) The Secretary of State may, with the concurrence of the Commissioners for Customs and Excise 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 Customs and Excise, by order revoke any designation so made.

Aviation fuel at aerodromes
    
112  - (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)

    (5) For the purpose of this article:



PART XI

GENERAL

Restriction with respect to carriage for valuable consideration in aircraft registered outside the United Kingdom
    
113  - (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, except with the permission of the Secretary of State granted under this article to the operator or the charterer of the aircraft or to the Government of the country in which the aircraft is registered, and in accordance with any conditions to which such permission may be subject unless that aircraft is exercising traffic rights permitted by virtue of Council Regulation 2408/92[11] on access for Community air carriers to intra-community air routes (as that Regulation has effect in accordance with the EEA Agreement[12] as amended by the Decision of the EEA Joint Committee No. 7/94 of 21st March 1994[13]).

    (2) Without prejudice to article 82 of this Order or of 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
     114

    (1) Where a permission granted under article 113(1) of this Order 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:

    (a) the price to be charged for the carriage of passengers, baggage or cargo on flights to which a permission granted under article 113(1) of this Order relates;

    (b) any additional goods, services or other benefits to be provided in connection with such carriage;

    (c) the prices, if any, to be charged for any such additional goods, services or benefits; and

    (d) the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo;

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 with respect to aerial photography, aerial survey and aerial work in aircraft registered outside the United Kingdom
    
115  - (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 82 of this Order or of 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
    
116  - (1) The operator or 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 or 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
    
117  - (1) Subject to the provisions of this article, every person who:

    (2)

    (3) Subject to paragraph (1)(f)(ii), nothing in this article shall require a person to report any occurrence which he has reason to believe has been or will be reported by another person to the CAA in accordance with this 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)

Power to prevent aircraft flying
    
118  - (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 113, 115 or 116 of this Order 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
    
119  - (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 or aerodrome owned or managed by the CAA shall only be obtained with the permission of the person in charge of the aerodrome.

Obstruction of persons
    
120 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.

Enforcement of directions
    
121 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
    
122  - (1) If any provision of this Order, of any regulations made thereunder or of JAR-145 is contravened in relation to an aircraft, the operator of that aircraft and the commander thereof and, in the case of a contravention of article 113 of this Order, 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, of any regulations made thereunder or of JAR-145 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 of 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, of any regulations made thereunder or of JAR-145 not being a provision referred to in paragraphs (5) or (6), 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 12 to this Order 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.

Extra-territorial effect of the Order
    
123  - (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[14] (which limits the criminal liability of certain persons who are not citizens of the United Kingdom and colonies) that that person shall not be guilty of an offence.

Aircraft in transit over certain United Kingdom territorial waters
     124  - (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 of and Schedules to this Order shall apply to that aircraft: article 15 and Schedule 5, to the extent necessary for the monitoring of the appropriate distress radio frequency, article 84(1)(a), (b) and (d), article 84(2), (3) and (4), together with the regulations made thereunder, article 127 and Part A of Schedule 12.

    (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 13 to this Order.

Application of Order to British-controlled aircraft not registered in the United Kingdom
    
125 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 not so registered 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.
    
126  - (1)

    (2) 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 thereof 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.

    (3) Save as otherwise provided by paragraph (4), article 70(4) and (9), article 71(2)(a), article 84(1)(a) and article 108 of this Order, nothing in this Order shall apply to or in relation to any military aircraft.

    (4) 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 63, 64, 65 and 85 and in addition article 84 (so far as applicable) shall apply unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.

Exemption from Order
    
127 The CAA may exempt from any of the provisions of this Order (other than articles 75, 77, 82, 113, 114, 115, 116 or 128 thereof) 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
    
128  - (1) Subject to paragraphs (2) and (3), 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 an aircraft maintenance engineer, member of the flight crew of an aircraft, air traffic controller, student air traffic controller or flight information service officer, 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)

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

    (5) 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.

    (6) In the case of an appeal to the sheriff:

    (a) the sheriff may, if he thinks fit, and shall on the application of any party, appoint one or more persons of skill and experience in the matter to which the proceedings relate to act as assessor, but where it is proposed to appoint any person as an assessor objection to him either personally or in respect of his qualification may be stated by any party to the appeal and shall be considered and disposed of by the sheriff;

    (b) the assessors for each sheriffdom shall be appointed from a list of persons approved for the purposes by the sheriff principal and such a list shall be published in such manner as the sheriff principal shall direct and shall be in force for 3 years only, but persons entered in any such list may be again approved in any subsequent list; it shall be lawful for the sheriff principal to defer the preparation of such a list until application has been made to appoint an assessor in an appeal in one of the courts in his sheriffdom;

    (c) the sheriff before whom an appeal is heard with the assistance of an assessor shall make a note of any question submitted by him to such assessor and of the answer thereto;

    (d) an appeal shall lie on a point of law from any decision of a sheriff under this article to the Court of Session.

Interpretation
     129  - (1) In this Order:

    (a) in relation to such an aerodrome other than one which is on an offshore installation:

      (i) at which the length of the longest runway is notified as 1850 metres or less:

        (aa) subject to sub-paragraph (bb), the airspace extending from the surface to a height of 2000 ft 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;

        (bb) where such an aerodrome traffic zone would extend less than 1½ nautical miles beyond the end of any runway at the aerodrome and this sub-paragraph is notified as being applicable, sub-paragraph (ii) shall apply as though the length of the longest runway is notified as greater than 1850 metres;

      (ii) at which the length of the longest runway is notified as greater than 1850 metres, the airspace extending from the surface to a height of 2000 ft 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 2½ nautical miles;

    (b) in relation to such an aerodrome which is on an offshore installation, the airspace extending from mean sea level to 2000 ft above mean sea level and within 1½ nautical miles of the offshore installation;

except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this Order as being the controlling aerodrome;

    'Aeronautical beacon' means an aeronautical ground light which is visible either continuously or intermittently to designate a particular point on the surface of the earth;

    'Aeronautical ground light' means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

    'Aeronautical radio station' means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft;

    'Air traffic control unit' means a person appointed by the CAA or by any other person maintaining an aerodrome or place to give instructions, advice or information by means of radio signals to aircraft in the interests of safety but does not include a person so appointed solely to provide a flight information service to aircraft, and 'air traffic control service' shall be construed accordingly;

    'Air transport undertaking' means an undertaking whose business includes the undertaking of flights for the purposes of public transport of passengers or cargo;

    'Annual costs' in relation to the operation of an aircraft means the best estimate reasonably practicable at the time of a particular flight in respect of the year commencing on the first day of January preceding the date of the flight, of the costs of keeping and maintaining and the indirect costs of operating the aircraft, such costs in either case excluding direct costs and being those actually and necessarily incurred without a view to profit;

    'Annual flying hours' means the best estimate reasonably practicable at the time of a particular flight by an aircraft of the hours flown or to be flown by the aircraft in respect of the year commencing on the first day of January preceding the date of the flight;

    'Approach control service' means an air traffic control service for any aircraft which is not receiving an aerodrome control service, which is flying in, or in the vicinity of the aerodrome traffic zone of the aerodrome in respect of which the service is being provided, whether or not the aircraft is flying by visual reference to the surface;

    'Approach to landing' means that portion of the flight of the aircraft, when approaching to land, in which it is descending below a height of 1000 ft above the relevant specified decision height or minimum descent height;

    'Appropriate aeronautical radio station' means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;

    'Appropriate air traffic control unit' means in relation to an aircraft either the air traffic control unit serving the area in which the aircraft is for the time being or the air traffic control unit serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be;

    'Apron' means the part of an aerodrome provided for the stationing of aircraft for the embarkation and disembarkation of passengers, for loading and unloading of cargo and for parking;

    'Area control centre' means an air traffic control unit established to provide an area control service to aircraft flying within a notified flight information region which are not receiving an aerodrome control service or an approach control service;

    'Area control service' means an air traffic control service for any aircraft which is flying neither in nor in the vicinity of an aerodrome traffic zone except for an aerodrome traffic zone which has been notified as being subject to an area control service;

    'Area navigation equipment' means equipment carried on board an aircraft which enables the aircraft to navigate on any desired flight path within the coverage of appropriate ground based navigation aids or within the limits of that on-board equipment or a combination of the two;

    'Authorised person' means:

    (a) any constable;

    (b) in article 118(3) and (4) any person authorised by the Secretary of State (whether by name, or by class or description) either generally or in relation to a particular case or class of cases; and

    (c) in article 118(1) and (2) and in any article other than article 118, any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;

    'Beneficial interest' includes interests arising under contract and other equitable interests;

    'Cabin attendant' in relation to an aircraft means a person on a flight for the purpose of public transport carried for the purpose 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 a member of the flight crew;

    'Captive balloon' means a balloon which when in flight is attached by a restraining device to the surface;

    'Captive flight' means flight by an uncontrollable balloon during which it is attached to the surface by a restraining device;

    'Cargo' includes mail and animals;

    'Certificate of airworthiness' includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;

    'Certificate of maintenance review' has the meaning assigned to it by article 10(1) of this Order;

    'Certificate of release to service issued under JAR-145' means a certificate of release to service issued in accordance with JAR-145;

    'Certificate of release to service issued under the Order' has the meaning assigned to it by article 12(7) of this Order;

    'Certificated for single pilot operation' means an aircraft which is not required to carry more than one pilot by virtue of any one or more of the following:

    (a) the certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered;

    (b) if no certificate of airworthiness is required to be in force, the certificate of airworthiness, if any, last in force in respect of the aircraft;

    (c) if no certificate of airworthiness is or has previously been in force but the aircraft is identical in design with an aircraft in respect of which such a certificate is or has been in force, the certificate of airworthiness which is or has been in force in respect of such an identical aircraft; or

    (d) in the case of an aircraft flying in accordance with the conditions of a permit to fly issued by the CAA, that permit to fly;

    'Chief officer of police for any area of the United Kingdom' means, in relation to Scotland, the Chief Constable for any area and, in relation to Northern Ireland, the Chief Constable of the Royal Ulster Constabulary;

    'Class A airspace', 'Class B airspace', 'Class C airspace', 'Class D airspace' and 'Class E airspace' mean airspace respectively notified as such;

    'Class rating' in respect of aeroplanes has the meaning specified in paragraph 1.220 of JAR-FCL 1;

    'Cloud ceiling' in relation to an aerodrome means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;

    'Commander' in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

    'the Commonwealth' means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981[17] and all other territories forming part of Her Majesty's dominions or in which Her Majesty has jurisdiction;

    'Competent authority' means in relation to the United Kingdom, the CAA, and in relation to any other country the authority responsible under the law of that country for promoting the safety of civil aviation;

    'Conditional sale agreement' has the same meaning as in section 189 of the Consumer Credit Act 1974[18];

    'Congested area' in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;

    'Contracting State' means any State (including the United Kingdom) which is party to the Chicago Convention;

    'Controllable balloon' means a balloon, not being a small balloon, which is capable of free controlled flight;

    'Controlled airspace' means airspace which has been notified as Class A, Class B, Class C, Class D or Class E airspace;

    'Control area' means controlled airspace which has been further notified as a control area and which extends upwards from a notified altitude or flight level;

    'Control zone' means controlled airspace which has been further notified as a control zone and which extends upwards from the surface;

    'Co-pilot' in relation to an aircraft means a pilot who in performing his duties as such is subject to the direction of another pilot carried in the aircraft;

    'Country' includes a territory;

    'Crew' means a member of the flight crew, a person carried on the flight deck who is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required in respect of the flight crew under article 34(3) of this Order or a cabin attendant;

    'Danger area' means airspace which has been notified as such within which activities dangerous to the flight of aircraft may take place or exist at such times as may be notified;

    '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;

    'Decision height' in relation to the operation of an aircraft at an aerodrome means the height in a precision approach at which a missed approach must be initiated if the required visual reference to continue that approach has not been established;

    'Declared distances' has the meaning which has been notified;

    'Direct costs' means, in respect of a flight, the costs actually and necessarily incurred in connection with that flight without a view to profit but excluding any remuneration payable to the pilot for his services as such;

    'Director' has the same meaning as in section 53(1) of the Companies Act 1989[19];

    'EEA Agreement' means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

    'EEA State' means a State which is a contracting party to the EEA Agreement;

    'Flight' and 'to fly' have the meanings respectively assigned to them by paragraph (2) ;

    'Flight crew' in relation to an aircraft means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radiotelephony operator of the aircraft;

    'Flight information service unit' means a person appointed by the CAA or by any other person maintaining an aerodrome or area control centre:

    (a) in the case of such a unit appointed in respect of an aerodrome to:

      (i) give information by means of radio signals to aircraft flying in or intending to fly within the aerodrome traffic zone of that aerodrome; and

      (ii) grant or refuse permission, pursuant to Rule 35 or 36(2) of the Rules of the Air;

    (b) in the case of such a unit appointed in respect of an area control centre, to give information by means of radio signals to aircraft;

and 'flight information service', 'aerodrome flight information service' and 'aerodrome flight information service unit' shall be construed accordingly;

    'Flight level' means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1013.2 hectopascals;

    'Flight plan' means such information as may be notified in respect of an air traffic control service unit being information provided or to be provided to that unit, relative to an intended flight or portion of a flight of an aircraft;

    'Flight recording system' means a system comprising either a flight data recorder or a cockpit voice recorder or both;

    'Flight simulator' means apparatus by means of which flight conditions in an aircraft are simulated on the ground;

    'Flight visibility' means the visibility forward from the flight deck of an aircraft in flight;

    'Flying display' means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public;

    'Free balloon' means a balloon which when in flight is not attached by any form of restraining device to the surface;

    'Free controlled flight' means flight during which a balloon is not attached to the surface by any form of restraining device (other than a tether not exceeding 5 metres in length which may be used as part of the take-off procedure) and during which the height of the balloon is controllable by means of a device attached to the balloon and operated by the commander of the balloon or by remote control;

    'General lighthouse authority' has the same meaning as in section 193 of the Merchant Shipping Act 1995[20];

    'Government aerodrome' means any aerodrome in the United Kingdom which is in the occupation of any Government Department or visiting force;

    'Granted in accordance with JAR-FCL'[21] means granted by an authority which is a Full Member of the JAA pursuant to requirements and in accordance with a procedure which has been assessed as satisfactory following an inspection by a licensing and a medical standardisation team of the JAA;

    'Hire-purchase agreement' has the same meaning as in section 189 of the Consumer Credit Act 1974[22];

    'Instructor's rating' means a flying instructor's rating, an assistant flying instructor's rating, a flight instructor rating (aeroplane), a flight instructor rating (helicopter), a type rating instructor rating (multi-pilot aeroplane), a type rating instructor rating (helicopter), a class rating instructor rating (single pilot aeroplane), an instrument rating instructor rating (aeroplane) or an instrument rating instructor rating (helicopter);

    'Instrument Flight Rules' means Instrument Flight Rules prescribed by the Rules of the Air;

    'Instrument Meteorological Conditions' means weather precluding flight in compliance with the Visual Flight Rules;

    'International headquarters' means an international headquarters designated by Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964[23];

    'JAA' means the Joint Aviation Authorities, an associated body of the European Civil Aviation Conference;

    'JAA Full Member State' means a State which is full member of the JAA;

    'JAA licence' means a licence granted in accordance with JAR-FCL;

    'JAR' means a Joint Aviation Requirement of the JAA bearing that number or letters and reference to a numbered or lettered JAR is a reference to such a requirement in the form in which it has been adopted by the JAA or, in the case of such a JAR which has been annexed to the Technical Harmonisation Regulation, in the form in which it has been thus annexed and has effect under that Regulation;

    'JAR-FCL licence' means a licence included in Section 2 of Part A of Schedule 8 to this Order;

    'To land' in relation to aircraft includes alighting on the water;

    'Legal personal representative' means the person so constituted executor, administrator, or other representative, of a deceased person;

    'Licence' includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;

    'Licence for public use' has the meaning assigned to it by article 103(3) of this Order;

    'Licensed aerodrome' means an aerodrome licensed under this Order;

    'Lifejacket' includes any device designed to support a person individually in or on the water;

    'Log book' in the case of an aircraft log book, engine log book or variable pitch propeller log book, or personal flying log book, includes a record kept either in a book, or by any other means approved by the CAA in the particular case;

    'Manoeuvring area' means the part of an aerodrome provided for the take-off and landing of aircraft and for the movement of aircraft on the surface, excluding the apron and any part of the aerodrome provided for the maintenance of aircraft;

    'Maximum total weight authorised' in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

    'Medical attendant' means a person carried on a flight for the purpose of attending to any person in the aircraft in need of medical attention, or to be available to attend to such a person;

    'Microlight aeroplane' means an aeroplane having a maximum total weight authorised not exceeding 390 kg, a wing loading at the maximum total weight authorised not exceeding 25 kg per square metre, a maximum fuel capacity not exceeding 50 litres and which has been designed to carry not more than 2 persons;

    'Military aircraft' means the naval, military or air force aircraft of any country and:

    (a) any aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and

    (b) any aircraft in respect of which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

    'Minimum descent height' in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference;

    'Multi-crew co-operation' means the functioning of the flight crew as a team of co-operating members led by the pilot in command;

    'Nautical mile' means the International Nautical Mile, that is to say, a distance of 1852 metres;

    'Night' means the time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level;

    'Non-precision approach' means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;

    'Non-revenue flight' means:

    (a) in the case of a flight by an aeroplane, any flight which the holder of a United Kingdom Private Pilot's Licence (Aeroplanes) may undertake pursuant to paragraph (2)(a) and (b) of the privileges of that licence set out in Section 1 of Part A of Schedule 8 to this Order;

    (b) in the case of a flight by a helicopter, any flight which the holder of a United Kingdom Private Pilot's Licence (Helicopters) may undertake pursuant to paragraph (2)(a) and (b) of the privileges of that licence set out in Section 1 of Part A of Schedule 8 to this Order; and

    (c) in the case of a flight by a gyroplane, any flight which the holder of a United Kingdom Private Pilot's Licence (Gyroplanes) may undertake pursuant to paragraph (2)(a) and (b) of the privileges of that licence set out in Section 1 of Part A of Schedule 8 to this Order;

    'North Atlantic Minimum Navigation Performance Specification airspace' means the airspace prescribed as such;

    'Notified' means set forth in a document published by the CAA and entitled 'United Kingdom Notam' or 'United Kingdom Air Pilot' and for the time being in force;

    'Obstacle limitation surfaces' has the same meaning as in 'CAP 168 Licensing of aerodromes'[24]

    'Operator' has the meaning assigned to it by paragraph (3);

    'Parascending parachute' means a parachute which is towed by cable in such a manner as to cause it to ascend;

    'Passenger' means a person other than a member of the crew;

    'Period of duty' means the period between the commencement and end of a shift during which an air traffic controller performs, or could be called upon to perform, any of the functions specified in respect of a rating included in his licence;

    'Pilot in command' in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;

    'Police officer' means any person who is a member of a police force or of the Royal Ulster Constabulary (including, for the avoidance of doubt, the Royal Ulster Constabulary Reserve), and any special constable;

    'Precision approach' means an instrument approach using Instrument Landing System, Microwave Landing System or Precision Approach Radar for guidance in both azimuth and elevation;

    'Prescribed' means prescribed by regulations made by the Secretary of State under this Order, and the expression 'prescribe' shall be construed accordingly;

    'Pressurised aircraft' means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

    'Private flight' means a flight which is neither for the purpose of aerial work nor public transport;

    'Proficiency check' has the meaning specified in paragraph 1.001 of JAR-FCL 1 in respect of aeroplanes and paragraph 2.001 in JAR-FCL 2 in respect of helicopters;

    'Public transport' has the meaning assigned to it by article 130 of this Order;

    'Public transport aircraft' means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of public transport;

    'Record' has the same meaning as in section 73 of the Civil Aviation Act 1982[25];

    'Reduced vertical separation minimum airspace' means any airspace between flight level 290 and flight level 410 inclusive designated by the relevant competent authority as being airspace within which a vertical separation minimum of 1000 feet or 300 metres shall be applied.

    'Released flight' means flight by an uncontrollable balloon during which it is not attached to the surface by any form of restraining device;

    'Relevant overseas territory' means any colony and any country or place outside Her Majesty's dominions in which for the time being Her Majesty has jurisdiction;

    'Replacement' in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;

    'Rules of the Air' has the meaning assigned to it by article 84(1) of this Order;

    'Runway visual range' in relation to a runway means the distance in the direction of take-off or landing over which the runway lights or surface markings may be seen from the touchdown zone as calculated by either human observation or instruments in the vicinity of the touchdown zone or where this is not reasonably practicable in the vicinity of the mid-point of the runway, 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;

    'Scheduled journey' means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service;

    'Seaplane' has the same meaning as for the purpose of section 97 of the Civil Aviation Act 1982;

    'Sector' means part of the airspace controlled from an area control centre or other place;

    'Skill test' has the meaning specified in paragraph 1.001 of JAR-FCL 1 in respect of aeroplanes and paragraph 2.001 in JAR-FCL 2 in respect of helicopters;

    'Small aircraft' means any unmanned aircraft, other than a balloon or a kite, weighing not more than 20 kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight;

    'Small balloon' means a balloon not exceeding 2 metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon;

    'Special VFR flight' means a flight which is a special VFR flight for the purposes of the Rules of the Air;

    'State of the operator' means the State in which the operator of an aircraft has his principal place of business or, if he has no such place of business, his permanent residence, in circumstances where:

    (a) that aircraft is registered in another Contracting State;

    (b) the operator is operating that aircraft pursuant to an agreement for its lease, charter or interchange or any similar arrangement;

    (c) the State in which the aircraft is registered has, by agreement with the State in which the operator of the aircraft has his principal place of business or, if he has no such place of business, his permanent residence, agreed to transfer to it its functions and duties as State of registry in respect of that aircraft in relation to, in the case of article 8(1), airworthiness, in the case of article 15(1), aircraft radio equipment, in the case of article 21(3), flight crew licensing or in the case of article 46(1), radio licensing; and

    (d) the agreement has been registered with the Council of the International Civil Aviation Organisation or the existence and scope of the agreement have been directly communicated to the CAA.

    'Technical Harmonisation Regulation' means Council Regulation (EEC) No 3922/ 91[26], on the harmonisation of technical requirements and administrative procedures in the field of civil aviation;

    'Tethered flight' means flight by a controllable balloon throughout which it is flown within limits imposed by a restraining device which attaches the balloon to the surface;

    'Touring motor glider' has the meaning specified in paragraph 1.001 of JAR-FCL 1;

    'Type rating' in respect of aeroplanes has the meaning specified in paragraph 1.215 of JAR-FCL 1;

    'Type rating' in respect of helicopters has the meaning specified in paragraph 2.215 of JAR-FCL 2;

    'Uncontrollable balloon' means a balloon, not being a small balloon, which is not capable of free controlled flight;

    'United Kingdom licence' means a licence included in Section 1 of Part A of Schedule 8 to this Order;

    'United Kingdom licence for which there is a JAR-FCL equivalent' means the following licences included in Section 1 of Part A of Schedule 8 to this Order;

         Private Pilot's Licence (Aeroplanes);

         Commerical Pilot's Licence (Aeroplanes);

         Airline Transport Pilot's Licence (Aeroplanes);

         Private Pilot's Licence (Helicopters);

         Commercial Pilot's Licence (Helicopters and Gyroplanes);

         Airline Transport Pilot's Licence (Helicopters and Gyroplanes);

    'United Kingdom licence for which there is no JAR-FCL equivalent' means any licence included in Section 1 of Part A of Schedule 8 to this Order other than any such licence which is a United Kingdom licence in respect of which there is a JAR-FCL equivalent;

    'United Kingdom reduced vertical separation minimum airspace' means United Kingdom airspace which has been notified as reduced vertical separation minimum airspace for the purposes of article 48;

    'Valuable consideration' means any right, interest, profit or benefit, forbearance, detriment, loss or responsibility accruing, given, suffered or undertaken pursuant to an agreement, which is of more than a nominal nature;

    'Visiting force' means any such body, contingent or detachment of the forces of any country as is a visiting force for the purpose of the provisions of the Visiting Forces Act 1952[27]:

    (a) which apply to that country by virtue of paragraph (a) of section 1(1) of that Act; or

    (b) which from time to time apply to that country by virtue of paragraph (b) of the said section 1(1) and of any Order in Council made or hereafter to be made under the said section 1 designating that country for the purposes of all the provisions of that Act following section 1(2) of that Act;

    'Visual Flight Rules' means Visual Flight Rules prescribed by the Rules of the Air;

    'Visual Meteorological Conditions' means weather permitting flight in accordance with the Visual Flight Rules.

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

    (a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power until the moment when it next comes to rest after landing;

    (b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;

    (c) in the case of an airship, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;

    (d) in the case of a free balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface until the moment it next comes to rest thereon; and

    (e) in the case of a captive balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface, apart from a restraining device attaching it to the surface, until the moment when it next comes to rest thereon;

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

    (3)

    (a) Subject to sub-paragraph (b), 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, and cognate expressions shall be construed accordingly.

    (b) For the purposes of the application of any provision in Part III 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, the foregoing provisions of this paragraph shall have effect as if that agreement had not been entered into.

    (4) The expressions appearing in the 'General classification of aircraft' set forth in Part A of Schedule 2 to this Order shall have the meanings thereby assigned to them.

    (5) A power to make regulations under this Order shall include the power to make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of the United Kingdom and to make such incidental and supplementary provisions as are necessary or expedient for carrying out the purposes of the Order.

Public transport and aerial work
     130  - (1)

    (2) Subject to the provisions of this article, an aircraft in flight shall for the purposes of this Order be deemed to fly for the purposes of public transport:

    (3)

    (4) 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.

    (5)

    (6)

    (a) A flight shall, for the purposes of Part IV of this Order, be deemed to be a private flight if:

      (i) the flight is:

        (aa) wholly or principally for the purpose of taking part in an aircraft race, contest or flying display;

        (bb) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (aa) hereof and is made with the intention of carrying out such a flight; or

        (cc) for the purpose of returning after such a flight as is specified in sub-paragraph (aa) hereof to a place at which the aircraft is usually based;

      (ii) the only valuable consideration in respect of the flight or the purpose of the flight other than:

        (aa) valuable consideration specified at paragraph (2)(c); or

        (bb) in the case of an aircraft owned in accordance with paragraph (10)(a), valuable consideration which falls within paragraph (10)(b);

      is either:

        (cc) that given or promised to the owner or operator of an aircraft taking part in such a race, contest or flying display and such valuable consideration does not exceed the direct costs of the flight and a contribution to the annual costs of the aircraft which contribution shall bear no greater proportion to the total annual costs of the aircraft than the duration of the flight bears to the annual flying hours of the aircraft; or

        (dd) one or more prizes awarded to the pilot in command of an aircraft taking part in an aircraft race or contest to a value which shall not exceed £500 in respect of any one race or contest except with the permission in writing of the CAA granted to the organiser of the race or contest which permission may be granted subject to such conditions as the CAA thinks fit;

      or falls within both sub-paragraphs (cc) and (dd).

    (b) Any prize falling within paragraph (6)(a)(ii)(dd) shall be deemed for the purposes of this Order not to constitute remuneration for services as a pilot.

    (7)

    (a) Subject to paragraph (b), 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:

      (i) valuable consideration specified at paragraph (2)(c); or

      (ii) in the case of an aircraft owned in accordance with paragraph (10)(a), valuable consideration which falls within paragraph (10)(b);

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

    (b) If valuable consideration specified at paragraph (2)(c) is given or promised the provisions of that paragraph shall apply to the flight.

    (8)

    (a) Subject to paragraph (b), a flight shall be deemed to be a private flight if:

      (i) the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than:

        (aa) valuable consideration specified at paragraph (2)(c); or

        (bb) in the case of an aircraft owned in accordance with paragraph (10)(a), valuable consideration which falls within paragraph (10)(b);

      is a contribution to the direct costs of the flight otherwise payable by the pilot in command; and

      (ii)

        (aa) no more than 4 persons (including the pilot) are carried on such a flight;

        (bb) the proportion which such contribution bears to the total direct costs of the flight shall not exceed the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried on the flight (including the pilot);

        (cc) no information concerning the flight shall have been published or advertised prior to the commencement of the flight other than, in the case of an aircraft operated by a flying club, advertising wholly within the premises of such a flying club in which case all the persons carried on such a flight who are aged 18 years or over shall be members of that flying club; and

        (dd) no person acting as a pilot on such a flight shall be employed as a pilot by or be a party to a contract for the provision of services as a pilot with the operator of the aircraft being flown on the flight.

    (b) If valuable consideration specified at paragraph (2)(c) is given or promised the provisions of that paragraph shall apply to the flight.

    (9)

    (a) Subject to paragraph (b), 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:

      (i) valuable consideration specified at paragraph (2)(c); or

      (ii) in the case of an aircraft owned in accordance with paragraph (10)(a), valuable consideration which falls within paragraph (10)(b);

    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.

    (b) If valuable consideration specified at paragraph (2)(c) is given or promised the provisions of that paragraph shall apply to the flight.

    (10) A flight shall be deemed to be a private flight if:

    (a) the aircraft is owned:

      (i) jointly by persons (each of whom is a natural person) who each hold not less than a 5% beneficial share and:

        (aa) the aircraft is registered in the names of all the joint owners; or

        (bb) the aircraft is registered in the name or names of one or more of the joint owners as trustee or trustees for all the joint owners and written notice has been given to the CAA of the names of all the persons beneficially entitled to a share in the aircraft; or

      (ii) by a company in the name of which the aircraft is registered and the registered shareholders of which (each of whom is a natural person) each hold not less than 5% of the shares in that company; and

    (b) the only valuable consideration given or promised in respect of the flight or the purpose of the flight is either:

      (i) in respect of and is no greater than the direct costs of the flight and is given or promised by one or more of the joint owners of the aircraft or registered shareholders of the company which owns the aircraft; or

      (ii) in respect of the annual costs and given by one or more of such joint owners or shareholders (as aforesaid);

    or falls within both sub-paragraphs (i) and (ii).

    (11) 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:

    (a) the dropping of persons by parachute and which is made under and in accordance with the terms of a written permission granted by the CAA pursuant to article 57 of this Order;

    (b) positioning the aircraft for such a flight as is specified in sub-paragraph (a) and which is made with the intention of carrying out such a flight and on which no person is carried who it is not intended shall be carried on such a flight and who may be carried on such a flight in accordance with the terms of a written permission granted by the CAA pursuant to article 57 of this Order; or

    (c) returning after such a flight as is specified in sub-paragraph (a) hereof to the place at which the persons carried on such a flight are usually based and on which flight no persons are carried other than persons carried on the flight specified in sub-paragraph (a);

shall be deemed to be for the purposes of aerial work.

Saving
     131  - (1) Subject to the provisions of articles 103 and 107 of this Order, 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.

Exceptions for certain classes of aircraft
    
132 The provisions of this Order other than articles 58, 64, 85(1), 86, 87, 118(1)(b), 129(1), (2) and (5) shall not apply to or in relation to:

Approval of persons to furnish reports
    
133 In relation to any of its functions pursuant to any of the provisions of this Order the CAA may, either absolutely or subject to such conditions as it thinks fit, approve a person as qualified to furnish reports to it and may accept such reports.

Competent authority
    
134



SCHEDULE 1
Article 2


ORDERS REVOKED


  References
The Air Navigation (No. 2) Order 1995 S.I. 1995/1970
The Air Navigation (Amendment) Order 1996 S.I. 1996/1301
The Air Navigation (Second Amendment) Order 1997 S.I. 1997/287
The Air Navigation (Third Amendment) Order 1998 S.I. 1998/753
The Air Navigation (Fourth Amendment) Order 1999 S.I. 1999/1123
The Air Navigation (Fifth Amendment) Order 1999 S.I. 1999/2059
The Air Navigation (Cosmic Radiation) Order 2000 S.I. 2000/1104



SCHEDULE 2


PART A

Articles 4(6) and 129(4)

Table of general classification of aircraft

Col. 1 Col. 2 Col. 3 Col. 4           
Aircraft { Lighter than air aircraft { Non-power driven

    { Free Balloon
    { Captive Balloon
          
{ Power driven { Airship           
{ Heavier than air aircraft { Non-power driven

    { Glider
    { Kite
          
{ Power driven (flying machines)

    { Aeroplane (Landplane)
    { Aeroplane (Seaplane)
    { Aeroplane (Amphibian)
    { Aeroplane (Self-launching Motor Glider)
          
           { Rotorcraft

    { Helicopter
    { Gyroplane



PART B

Article 5(2)

Nationality and registration marks of aircraft registered in the United King dom

     1 General


    (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:

    (a) in the case of a microlight aeroplane, either in accordance with sub-paragraph (c) or on the wing;

    (b) in the case of a balloon, on the basket or envelope; or

    (c) in the case of any other aircraft on the fuselage or car as the case may be.

    (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.

     2 Position and size of marks


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

    (a) on the horizontal surfaces of the wings:

      (i) on aircraft having a fixed wing surface, the marks shall appear on the lower surface of the wing structure and shall be on the port wing unless they extend across the whole surface of both wings. So far as is possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing;

      (ii) the height of the letters shall be:

        (aa) subject to sub-paragraph (bb), at least 50 centimetres;

        (bb) if the wings are not large enough for the marks to be 50 centimetres in height, marks of the greatest height practicable in the circumstances;

    (b) on the fuselage (or equivalent structure) and vertical tail surfaces:

      (i) the marks shall also appear either:

        (aa) on each side of the fuselage (or equivalent structure), and shall, in the case of fixed wing aircraft be located between the wings and the horizontal tail surface; or

        (bb) on the vertical tail surfaces;

      (ii) when located on a single vertical tail surface, the marks shall appear on both sides. When located on multi-vertical tail surfaces, the marks shall appear on the outboard sides of the outer-surfaces. Subject to sub-paragraphs (iv) and (v), the height of the letters constituting each group of marks shall be at least 30 centimetres;

      (iii) if one of the surfaces authorised for displaying the required marks is large enough for those marks to be 30 centimetres in height (whilst complying with sub-paragraph (v)) and the other is not, marks of 30 centimetres in height shall be placed on the largest authorised surface;

      (iv) if neither authorised surface is large enough for marks of 30 centimetres in height (whilst complying with sub-paragraph (v)), marks of the greatest height practicable in the circumstances shall be displayed on the larger of the two authorised surfaces;

      (v) the marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 centimetres along each side of the vertical tail surface;

      (vi) on rotary wing aircraft where owing to the structure of the aircraft the greatest height practicable for the marks on the side of the fuselage (or equivalent structure) is less than 30 centimetres, the marks shall also appear on the lower surface of the fuselage as close to the line of symmetry as is practicable and shall be placed with the tops of the letters towards the nose. The height of the letters constituting each group of marks shall be:

        (aa) subject to sub-paragraph (bb), at least 50 centimetres; or

        (bb) if the lower surface of the fuselage is not large enough for the marks to be of 50 centimetres in height, marks of the greatest height practicable in the circumstances;

    (c) wherever in this paragraph marks of the greatest height practicable in the circumstances are required, that height shall be such as is consistent with compliance with paragraph 3 of this Part.

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

    (a) in the case of airships the marks shall be placed on each side of the airship. They shall be placed horizontally either on the hull near the maximum cross-section of the airship or on the lower vertical stabiliser;

    (b) in the case of free balloons, the marks shall be in two places on diametrically opposite sides of the balloon;

    (c) in the case of both airships and free balloons the side marks shall be so placed as to be visible from the sides and from the ground. The height of the letters shall be at least 50 centimetres.

     3 Width, spacing and thickness of marks


    (1) For the purposes of this paragraph:

    (a) 'standard letter' shall mean any letter other than the letters I, M and W;

    (b) the width of each standard letter and the length of the hyphen between the nationality mark and the registration mark shall be two thirds of the height of a letter;

    (c) the width of the letters M and W shall be neither less than two thirds of their height nor more than their height; and

    (d) the width of the letter I shall be one sixth of the height of the letter.

    (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)

Aircraft dealer's certificate - conditions

    (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:

    (a) testing the aircraft;

    (b) demonstrating the aircraft with a view to the sale of that aircraft or of other similar aircraft;

    (c) proceeding to or from a place at which the aircraft is to be tested or demonstrated as aforesaid, or overhauled, repaired or modified;

    (d) delivering the aircraft to a person who has agreed to buy, lease or sell it; or

    (e) proceeding to or from a place for the purpose of storage.

    (3) Without prejudice to article 43 of this Order 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
Articles 3(2), 8(2), and 55(7)



PART A

A and B Conditions
The A and B Conditions referred to in Articles 3(2), 8(2) and 55(7) of this Order as are follows:

A Conditions
     (1) An 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:

    (a) it does not have a certificate of airworthiness duly issued or rendered valid under the law of the United Kingdom; or

    (b) the certificate of airworthiness or certificate of validation issued in respect of the aircraft has ceased to be in force by virtue of any of the matters specified in Article 9(7) of this Order.

    (2)

    (a) In the case of an aircraft falling within paragraph (1)(a) the aircraft shall fly only for the purpose of enabling it to:

      (i) qualify for the issue or renewal of a certificate of airworthiness or the validation thereof after an application has been made for such issue, renewal or validation as the case may be, or carry out a functional check of a previously approved modification of the aircraft (and for the purpose of this Schedule 'a previously approved modification' shall mean a modification which has previously been approved by the CAA in respect of that aircraft or another aircraft of the same type);

      (ii) proceed to or from a place at which any inspection, repair, modification, maintenance, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place or has taken place for a purpose referred to in sub-paragraph (a), after any relevant application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or

      (iii) proceed to or from a place at which the aircraft is to be or has been stored.

    (b) In the case of an aircraft falling within paragraph (1)(b), it shall fly only for the purpose of enabling it to:

      (i) proceed to a place at which any inspection or maintenance required by virtue of Article 9(7)(b)(ii) of this Order is to take place; or

      (ii) proceed to a place at which any inspection, maintenance or modification required by virtue of Article 9(7)(b)(i) or (c) of this Order is to take place and in respect of which flight the CAA has given permission in writing; or

      (iii) carry out a functional check, test or in-flight adjustment in connection with the carrying out in a manner approved by the CAA of any overhaul, repair, previously approved modification, inspection or maintenance required by virtue of Article 9(7) of this Order.

    (3) The aircraft shall be:

    (a) an aircraft in respect of which a certificate of airworthiness or validation has previously been in force under this Order and has not subsequently had any modification which requires approval unless that modification is a previously approved modification which has been granted such an approval under the law of the country in which the aircraft was registered at that time; or

    (b) an aircraft identical in design (including any modifications) with an aircraft in respect of which such a certificate is or has been in force.

    (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 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.

    (8) Without prejudice to the provisions of article 20(2) of this Order, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.

B Conditions


    (1) An 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) of this Order and when there is not in force in respect thereof:

    (a) in the case of an aircraft which is so registered, a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered or,

    (b) in the case of an aircraft which is not so registered, either a certificate of airworthiness duly issued or rendered valid under the law of the United Kingdom or a permit to fly issued by the CAA in respect of that aircraft.

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

    (a) experimenting with or testing the aircraft (including any engines installed thereon) or any equipment installed or carried in the aircraft;

    (b) enabling it to qualify for the issue of a certificate of airworthiness or the validation thereof or the approval of a modification of the aircraft or the issue of a permit to fly;

    (c) demonstrating and displaying the aircraft, any engines installed thereon or any equipment installed or carried in the aircraft with a view to the sale thereof or of other similar aircraft, engines or equipment;

    (d) demonstrating and displaying the aircraft to employees of the operator;

    (e) the giving of flying training to or the testing of flight crew employed by the operator or the training or testing of other persons employed by the operator and who are carried or are intended to be carried pursuant to paragraph (7)(a); or

    (f) proceeding to or from a place at which any experiment, inspection, repair, modification, maintenance, approval, test or weighing of the aircraft, the installation of equipment in the aircraft, demonstration, display or training is to take place for a purpose referred to in sub-paragraphs (a), (b), (c), (d) or (e) or at which installation of furnishings in, or the painting of, the aircraft is to be undertaken.

    (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 15, 17, 43, 46, 76 and 78 of this Order shall be complied with in relation to the aircraft as if it was registered in the United Kingdom.

    (5) Without prejudice to article 20(2) of this Order, 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:

    (a) persons employed by the operator who during the flight carry out duties or are tested or receive training in connection with a purpose specified in paragraph (2);

    (b) persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft for carrying out during the flight duties in connection with a purpose so specified;

    (c) persons approved by the CAA under article 133 of this Order as qualified to furnish reports for the purposes of article 9 of this Order;

    (d) persons other than those carried under the preceding provisions of this sub-paragraph who are carried in the aircraft in order to carry out a technical evaluation of the aircraft or its operation;

    (e) cargo which comprises equipment carried in connection with a purpose specified in paragraph (2)(f); or

    (f) persons employed by the operator or persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft in connection with a purpose specified in paragraph (2)(f) which persons have duties in connection with that purpose.

    (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 Purposes for which the aircraft may fly
Transport Category (Passenger) Any purpose
Transport Category (Cargo) Any purpose other than the public transport of passengers
Aerial Work Category Any purpose other than public transport
Private Category Any purpose other than public transport or aerial work
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 12(6) and 14(2)


Aircraft equipment


     1

    (a) Every aircraft of a description specified in the first column of the Table set forth in paragraph 4 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 sub-paragraph (b), the scales of equipment respectively indicated in that Table.

    (b) 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 The following items of equipment shall not be required to be of a type approved by the CAA:

    (a) The equipment referred to in Scale A (ii).

    (b) First aid equipment and handbook, referred to in Scale A.

    (c) Time-pieces, referred to in Scale F.

    (d) Torches, referred to in Scales G, H, K and Z.

    (e) Whistles, referred to in Scale H.

    (f) Sea anchors, referred to in Scales J and K.

    (g) Rocket signals, referred to in Scale J.

    (h) Equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale J.

    (i) Paddles, referred to in Scale K.

    (j) Food and water, referred to in Scales K, U and V.

    (k) First aid equipment, referred to in Scales K, U and V.

    (l) Stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic suits, referred to in Scale V.

    (m) Megaphones, referred to in Scale Y.

     4 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 (ii)
  (b) flying for the purpose of public transport or aerial work; and

A, B(i) and (ii), D and F(i)
  (i) when flying by night

C and G
  (ii) when carrying out aerobatic manoeuvres

B (iii)
    (2) Aeroplanes

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

A (i) and (ii) and B (i)
  (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 (iv) duplicated and F
  (cc) within Class D and E airspace

E and F
  (iii) when carrying out aerobatic manoeuvres

B (iii)
  (b) flying for the purpose of public transport; and

A, B (i) and (ii), D and F (i)
  (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 1150 kg

E with E (iv) duplicated and F
  (ii) when flying by night; and in the case of aeroplanes of which the maximum total weight authorised exceeds 1150 kg

C and G, E with E (iv) 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 an aeroplane:

    (aaa) classified in its certificate of airworthiness as being of performance group A, C or X; or

    (bbb) having no performance group classification in its certificate of airworthiness and of such a weight and performance that with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified in the certificate of airworthiness, performance schedule or flight manual relating to the aeroplane issued or rendered valid by the CCA it is capable of a gradient of climb of at least 1 in 200 at an altitude of 5000 ft in the International Standard Atmosphere specified in or ascertainable by reference to the certificate of airworthiness in force in respect of that aircraft;

 
  when either more than 400 nautical miles or more than 90 minutes flying time*[30] from the nearest aerodrome at which an emergency landing can be made

H and K
  (bb) in the case of all other aeroplanes, when more than 30 minutes flying time*[31] from such an aerodrome

H and K
  (vi) on all flights which involve manoeuvres on water

H, J and K
  (vii) 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
  (viii) 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
  (ix) when carrying out aerobatic manoeuvres

B (iii)
  (x) on all flights on which the aircraft carries a flight crew of more than one person

N
  (xi) on all flights for the purpose of the public transport of passengers

Q and Y(i), (ii) and (iii)
  (xii) on all flights by a pressurised aircraft

R
  (xiii) when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met

U
  (xiv) 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
  (xv) when flying at an altitude of more than 49 000 ft

W
    (3) Turbine-jet aeroplanes having a maximum total weight authorised exceeding 5700 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 5700 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 under a certificate of airworthiness in the Transport Category (Passenger) or the Transport Category (Cargo); or

when flying on any flight P
(b) in respect of which application has been made and not withdrawn or refused for such a certificate, and which fly under the 'A Conditions' or under a certificate of airworthiness in the Special Category

when flying on any flight P
    (5) Aeroplanes in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or Transport Category (Cargo) and aeroplanes in respect of which application has been made, and not withdrawn or refused, for such a certificate of airworthiness and which fly under the 'A Conditions' or in respect of which there is in force a certificate of airworthiness in the Special Category 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 5700 kg but not exceeding 11 400 kg; or

when flying on any flight S(i)
(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(ii)
(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(iii)
(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(iii)
    (6) Aeroplanes in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or Transport Category (Cargo) and aeroplanes in respect of which application has been made, and not withdrawn or refused, for such a certificate of airworthiness and which fly under 'A Conditions' or in respect of which there is in force a certificate of airworthiness in the Special Category:

    (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 5700 kg, are powered by 2 or more turbine engines and are certified to carry more than 9 passengers; or

when flying on any flight S(iv)
(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 5700 kg but not exceeding 27 000 kg; or

when flying on any flight S(v)
(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(vi)
    (7) Aeroplanes in respect of which there is in force a certificate of airworthiness in the Aerial Work or Private Category and for which an individual certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1 June 1990 and which have a maximum total weight authorised exceeding 27 000 kg.

when flying on any flight S(vi)
    (8) 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 and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or the Transport Category (Cargo); 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 such 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 an application has been made, and not withdrawn or refused for such a certificate of airworthiness and which fly under the 'A Conditions' or in respect of which there is in force a certificate of airworthiness in the Special Category.

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 which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 30 passengers:

    (a) except any such aeroplanes as come within sub-paragraph (b)

When flying for the purpose of public transport prior to 1 January 2005 X(i)
(b) for which an individual certificate of airworthiness was first issued (whether in the United Kingdom of elsewhere) on or after 1st January 2001

When flying for the purpose of public transport on or after 1st January 2005 X(ii)
(c) for which an individual certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) before 1st January 2001

When flying for the purpose of public transport on or after 1 January 2005 X(ii)
    (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 which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 9 passengers but not exceeding 30 passengers:

    (a) except any such aeroplanes as come within sub-paragraph (b)

When flying for the purpose of public transport on or after 1st October 2001, except when flying under and in accordance with the terms of a police air operator's certificate X(ii)
(b) 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 the purpose of public transport on or after 1st January 2005, except when flying under and in accordance with the terms of a police air operator's certificate X(ii)
    (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 which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 9 passengers:

    (a) in respect of which there is in force a certificate of airworthiness except any such aeroplanes as come within sub-paragraph (b)

When flying for purposes other than public transport on or after 1st October 2001 X(ii)
(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 2005 X(ii)
    (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 (i) and (ii)
(b) having a maximum total weight authorised exceeding 5700 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 (i) and (ii)
(c) which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers; or

when flying by night for the purpose of the public transport of passengers Z (i)
(d) having a maximum total weight authorised exceeding 5700 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 (iii)
(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 (iii)
(f) first issued with a type certificate (whether in the United Kingdom or elsewhere) on or after 1st January 1958 and which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers

when flying for the purpose of the public transport of passengers Z (iii)
    (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 5700 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) Aeroplanes in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger)

when flying for the purpose of public transport of passengers Y (iv)
    (15) Helicopters and Gyroplanes

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

A (i) and (ii) and B (i)
  (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 (ii) duplicated
  (bb) within controlled airspace

E with both E (ii) and E(iv) duplicated and F with F (iv) for all weights
  (iii) when flying at night

    (aa) with visual ground reference

C, E, G (iii) and G (v)
  (bb) without visual ground reference

(aaa) outside controlled airspace

C, E with E (ii) duplicated G (iii) and G (v)
  (bbb) within controlled airspace

C, E with both E (ii) and E (iv) duplicated, F with F (iv) for all weights, G (iii) and G (v)
  (b) flying for the purpose of public transport; and

A, B (i) and (ii), F (i) and F (iv) 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 (ii) and E (iv) duplicated, F (ii), F (iii) and F (v)
  (iii) when flying by night with visual ground reference

    (aa) when flying with one pilot

C, E with E(ii) duplicted and either E(iv) duplicatede or a radio altimeter, F(ii), F(iii), F(v) and G
  (bb) when flying in circumstances where two pilots are required

C, E, F (ii), F (iii), F (v) and G for each pilot's station
  (iv) when flying by night without visual ground reference

C, E with both E (ii) and E (iv) duplicated, F (ii), F (iii), F (v) and G
  (v) when flying over water

    (aa) in the case of a helicopter or gyroplane classified in its certificate of airworthiness as being of performance group A2 or B when beyond autorotational 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 or gyroplane classified in its certificate of airworthiness as being of performance group A2 when beyond 10 minutes flying time*[32] 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 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) on all flights which involve manoeuvres on water

H, J and K
  (vii) 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
  (viii) 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
  (ix) on all flights on which the aircraft carries a flight crew of more than one person

N
  (x) on all flights for the purpose of the public transport of passengers

Y(i), (ii) and (iii)
  (xi) when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met

U
  (xii) 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 5700 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 (i) and (ii)
(b) which, in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers; or

when flying by night for the purpose of the public transport of passengers Z (i)
(c) which have a certificate of airworthiness issued in the Transport Category (Passenger or Cargo) and helicopters and gyroplanes in respect of which application has been made and not withdrawn or refused for such a certificate of airworthiness and which fly under the 'A Conditions' or which have a certificate of airworthiness in the Special Category and

    (i) which have a maximum total weight authorised exceeding 2730 kg but not exceeding 7000 kg or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 9 passengers, or both

when flying on any flight SS(i) or (iii)
(ii) which have a maximum total weight authorised exceeding 7000 kg

when flying on any flight SS(ii) or (iii)

     5 The scales of equipment indicated in the foregoing Table shall be as follows:

Scale A


      (i) 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.

      (ii) 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.

      (iii) First aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following:

           Roller bandages, triangular bandages, adhesive plaster, absorbent gauze, cotton wool (or wound dressings in place of the absorbent gauze and cotton wool), burn dressings, safety pins;

           Haemostatic bandages or tourniquets, scissors;

           Antiseptic, analgesic and stimulant drugs;

           Splints, in the case of aeroplanes the maximum total weight authorised of which exceeds 5700 kg;

           A handbook on first aid.

      (iv) 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:

        (a) is more than 1.82 metres from the ground when the undercarriage of the machine is in the normal position for taxiing; or

        (b) would be more than 1.82 metres from the ground if the undercarriage or any part thereof should collapse, break or fail to function;

      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


      (i) Subject to sub-paragraph (ii), 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.

      (ii) 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


      (i)

        (a) If the maximum total weight authorised of the aircraft is 2730 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.

        (b) If the maximum total weight authorised of the aircraft exceeds 2730 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.

        (c) For every seat in use (not being a seat referred to in sub-paragraphs (a), (b), (e) and (f)) a safety belt with or without one diagonal shoulder strap or a safety harness.

        (d) In addition and to be attached to or secured by the equipment required in sub-paragraph (c) above, a child restraint device for every child under the age of two years on board.

        (e) On all flights for the public transport of passengers by aircraft, for each seat for use by cabin attendants who are required to be carried under this Order, a safety harness.

        (f) 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 5700 kg which in accordance with the certificate of airworthiness in force thereof is not capable of seating more than 9 passengers (otherwise than in seats referred to under sub-paragraphs (a) and (b)), a safety belt with one diagonal shoulder strap or a safety harness for each seat intended for use by a passenger.

      (ii) 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.

      (iii)

        (a) Subject to sub-paragraph (b), a safety harness for every seat in use.

        (b) 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


      (i) Equipment for displaying the lights required by the Rules of the Air.

      (ii) 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.

      (iii) Unless the aircraft is equipped with radio, devices for making the visual signal specified in the Rules of the Air as indicating a request for permission to land.

Scale D


      (i)

        (a) In the case of a helicopter or gyroplane, a slip indicator.

        (b) In the case of any other flying machine either:

        (aa) a turn indicator and a slip indicator; or

        (bb) a gyroscopic bank and pitch indicator and a gyroscopic direction indicator.

      (ii) 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


      (i)

        (a) In the case of a helicopter or gyroplane, a slip indicator.

        (b) In the case of any other flying machine, a slip indicator and either a turn indicator or, at the option of the operator, an additional gyroscopic bank and pitch indicator.

      (ii) A gyroscopic bank and pitch indicator.

      (iii) A gyroscopic direction indicator.

      (iv) 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


      (i) Subject to sub-paragraph (ii), 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.

      (ii) 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


      (i) A timepiece indicating the time in hours, minutes and seconds.

      (ii) A means of indicating whether the power supply to the gyroscopic instrument is adequate.

      (iii) A rate of climb and descent indicator.

      (iv) If the maximum total weight authorised of the aircraft exceeds 5700 kg a means of indicating outside air temperature.

      (v) If the maximum total weight authorised of the aircraft exceeds 5700 kg two air speed indicators.

Scale G


      (i) 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.

      (ii) An electrical lighting system to provide illumination in every passenger compartment.

      (iii)

        (a) One electric torch for each member of the crew of the aircraft; or

        (b)

        (aa) one electric torch for each member of the flight crew of the aircraft; and

        (bb) at least one electric torch affixed adjacent to each floor level exit intended for the disembarkation of passengers whether normally or in an emergency, provided that such torches shall:

        (aaa) be readily accessible for use by the crew of the aircraft at all times; and

        (bbb) number in total not less than the minimum number of cabin attendants required to be carried with a full passenger complement.

      (iv) In the case of an aircraft other than a helicopter or gyroplane of which the maximum total weight authorised exceeds 5700 kg, means of observing the existence and build up of ice on the aircraft.

      (v)

        (a) In the case of a helicopter or gyroplane in respect of which there is in force a certificate of airworthiness designating the helicopter or gyroplane as being of performance group A, either:

        (aa) 2 landing lights both of which are adjustable so as to illuminate the ground in front of and below the helicopter or gyroplane and one of which is adjustable so as to illuminate the ground on either side of the helicopter or gyroplane; or

        (bb) one landing light or, if the maximum total weight authorised of the helicopter or gyroplane exceeds 5700 kg, one dual filament landing light with separately energised filaments, or 2 single filament lights, each of which is adjustable so as to illuminate the ground in front of and below the helicopter or gyroplane, and 2 parachute flares.

        (b) In the case of a helicopter or gyroplane in respect of which there is in force a certificate of airworthiness designating the helicopter or gyroplane as being of performance group B, either:

        (aa) one landing light and 2 parachute flares; or

        (bb) if the maximum total weight authorised of the helicopter or gyroplane exceeds 5700 kg, either one dual filament landing light with separately energised filaments or 2 single filament landing lights, and 2 parachute flares.

Scale H


      (i) Subject to sub-paragraph (ii), for each person on board, a lifejacket equipped with a whistle and waterproof torch.

      (ii) 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


Scale K


      (i)

        (a) In the case of a flying machine, other than a helicopter or gyroplane carrying 20 or more persons, liferafts sufficient to accommodate all persons on board.

        (b) In the case of a helicopter or gyroplane carrying 20 or more persons, a minimum of 2 liferafts sufficient together to accommodate all persons on board.

      (ii) Each liferaft shall contain the following equipment:

        (a) means for maintaining buoyancy;

        (b) a sea anchor;

        (c) life-lines, and means of attaching one liferaft to another;

        (d) paddles or other means of propulsion;

        (e) means of protecting the occupants from the elements;

        (f) a waterproof torch;

        (g) marine type pyrotechnical distress signals;

        (h) means of making sea water drinkable, unless the full quantity of fresh water is carried as specified in sub-paragraph (i);

        (i) for each 4 or proportion of 4 persons the liferaft is designed to carry:

        (aa) 100 grammes of glucose toffee tablets; and

        (bb) 1/2 litre of fresh water in durable containers or in any case in which it is not reasonably practicable to carry the quantity of water above specified, as large a quantity of fresh water as is reasonably practicable in the circumstances. In no case however shall the quantity of water carried be less than is sufficient, when added to the amount of fresh water capable of being produced by means of the equipment specified in sub-paragraph (h) to provide 1/2 litre of water for each 4 or proportion of 4 persons the liferaft is designed to carry.

        (j) first aid equipment.

      (iii) Items (ii)(f) to (j) inclusive shall be contained in a pack.

      (iv) 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

      (v) In the case of a helicopter or gyroplane, an emergency beacon which is automatically deployed and activated in the event of a crash.

Scale L1


Part I

      (i) 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:

        (a) a supply of oxygen sufficient, in the event of failure to maintain such pressure, occurring in the circumstances specified in columns 1 and 2 of the Table set out in Part II, for continuous use, during the periods specified in column 3 of the said Table, by the persons for whom oxygen is to be provided in accordance with column 4 of that Table; and

        (b) in addition, in every case where the flying machine flies above flight level 350, a supply of oxygen in a portable container sufficient for the simultaneous first aid treatment of 2 passengers;

      together with suitable and sufficient apparatus to enable such persons to use the oxygen.

      (ii) In any other flying machine:

        (a) a supply of oxygen sufficient for continuous use by all the crew other than the flight crew, and if passengers are carried, by 10% of the number of passengers, for any period exceeding 30 minutes during which the flying machine flies above flight level 100 but not above flight level 130 and the flight crew shall be supplied with oxygen sufficient for continuous use for any period during which the flying machine flies above flight level 100; and

        (b) a supply of oxygen sufficient for continuous use by all persons on board for the whole time during which the flying machine flies above flight level 130;

      together with suitable and sufficient apparatus to enable such persons to use the oxygen.

      (iii) The quantity of oxygen required for the purpose of complying with paragraphs (i) and (ii) of this Part shall be computed in accordance with the information and instructions relating thereto specified in the operations manual relating to the aircraft pursuant to item (vi) of Part A of Schedule 10 to this Order.

Part II



Column 1 Column 2 Column 3 Column 4
Vertical displacement of the flying machine in relation to flight levels Capability of flying machine to descend (where relevant) Period of supply of oxygen Persons for whom oxygen is to be provided
    A.  The whole period during which, after a failure to maintain a pressure greater than 700 millibars 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.
Above flight level 100 30 minutes or the period specified at A hereunder whichever is the greater In addition to any passengers for whom oxygen is provided as specified below, all the crew
Above flight level 100 but not above flight level 300 { Flying machine is either flying at or below flight level 150 or is capable of descending and continuing to destination as specified at X hereunder 30 minutes or the period specified at A hereunder whichever is the greater 10% of number of passengers
{ Flying machine is flying above flight level 150 and is not so capable { 10 minutes or the period specified at B hereunder whichever is greater All passengers
and in addition
{ 30 minutes or the period specified at C hereunder whichever is the greater 10% of number of passengers
Above flight level 300 but not above flight level 350 { Flying machine is capable of descending and continuing to destination as specified at Y hereunder 30 minutes or the period specified at A hereunder whichever is the greater 15% of number of passengers
{ Flying machine is not so capable 10 minutes or the period specified at B hereunder whichever is the greater All passengers
and in addition
{ 30 minutes or the period specified at C hereunder whichever is the greater 15% of number of passengers
Above flight level 350 { 10 minutes or the period specified at B hereunder whichever is the greater All pasengers
and in addition
{ 30 minutes or the period specified at C hereunder whichever is the greater 15% of number of passengers

Scale L2
A supply of oxygen and the associated equipment to meet the requirements set out in Parts I and II. The duration for the purposes of this Scale shall be:

      (i) that calculated in accordance with the operations manual prior to the commencement of the flight, being the period or periods which it is reasonably anticipated that the aircraft will be flown in the circumstances of the intended flight at a height where the said requirements apply and in calculating the said duration account shall be taken of:

        (a) in the case of pressurised aircraft, the possibility of depressurisation when flying above flight level 100;

        (b) the possibility of failure of one or more of the aircraft engines;

        (c) restrictions due to required minimum safe altitude;

        (d) fuel requirement; and

        (e) the performance of the aircraft; or

      (ii) the period or periods during which the aircraft is actually flown in the circumstances specified in the said Parts;

    whichever is the greater.

Part I

Unpressurised aircraft

      (i) When flying at or below flight level 100:

           Nil.

      (ii) 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) Cabin attendants 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

      (iii) 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) Cabin attendants and all passengers

      Any period during which the aircraft flies above flight level 120

Part II

Pressurised aircraft

      (i) When flying at or below flight level 100:

           Nil.

      (ii) 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) Cabin attendants and 10% of passengers

      (aa) 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

      (bb) 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) Cabin attendants and passengers

      (aa) When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, no requirement other than that at (ii)(b)(aa) of this Part of this Scale

      (bb) 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


      (iii) 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) Cabin attendants

      Whenever the cabin pressure altitude exceeds10 000 ft, and a portable supply for 15 minutes
      (c) 10% of passengers

      Whenever the cabin pressure altitude exceeds 10 000 ft but does not exceed 12 000 ft
      (d) 30% of passengers

      Whenever the cabin pressure altitude exceeds 12 000 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 8000 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


      (i) Subject to paragraph (ii), 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.

      (ii) A flight may commence if the set is unserviceable or continue if the set becomes unserviceable thereafter:

        (a) so as to give the warning only to one pilot, so long as the aircraft is flying only to the place at which it first becomes reasonably practicable for the set to be repaired; or

        (b) when the weather report or forecasts available to the commander of the aircraft indicate that cumulo-nimbus clouds or other potentially hazardous weather conditions, which can be detected by the set when in working order, are unlikely to be encountered on the intended route or any planned diversion therefrom or the commander has satisfied himself that any such weather conditions will be encountered in daylight and can be seen and avoided, and the aircraft is in either case operated throughout the flight in accordance with any relevant instructions given in the operations manual.

Scale P


      (i) Subject to paragraphs (ii) and (v), a flight data recorder which is capable of recording, by reference to a time-scale, the following data:

        (a) indicated airspeed;

        (b) indicated altitude;

        (c) vertical acceleration;

        (d) magnetic heading;

        (e) pitch attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;

        (f) engine power, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;

        (g) flap position;

        (h) roll attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded.

      (ii) Subject to paragraph (v), any aeroplane having a maximum total weight authorised not exceeding 11 400 kg may be provided with:

        (a) a flight data recorder capable of recording the data described in paragraph (i)(a) to (i)(h); or

        (b) a 4 channel cockpit voice recorder.

      (iii) Subject to paragraph (v), 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.

      (iv) 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.

      (v) 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 CCA.

Scale Q
If the maximum total weight authorised of the aeroplane exceeds 5700 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


      (i)

        (a) In respect of aeroplanes having a maximum total weight authorised exceeding 5700 kg, equipment sufficient to protect the eyes, nose and mouth of all members of the flight crew required to be carried by virtue of article 20 of this Order for a period of not less than 15 minutes and, in addition, where the minimum flight crew required as aforesaid is more than one and a cabin attendant is not required to be carried by virtue of article 20 of this Order, portable equipment sufficient to protect the eyes, nose and mouth of one member of the flight crew for a period of not less than 15 minutes.

        (b) In respect of aeroplanes having a maximum total weight authorised not exceeding 5700 kg, either the equipment specified in paragraph (i)(a) or, in the case of 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 A hereunder such equipment sufficient to protect the eyes only.

      (ii)

        (a) In respect of aeroplanes having a maximum total weight authorised exceeding 5700 kg, portable equipment to protect the eyes, nose and mouth of all cabin attendants required to be carried by virtue of article 20 of this Order for a period of not less than 15 minutes.

        (b) In respect of aeroplanes having a maximum total weight authorised not exceeding 5700 kg, subject to sub-paragraph (c), the equipment specified in paragraph (ii)(a).

        (c) Sub-paragraph (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 A hereunder.

     A 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
Subject to paragraph (vii), a flight recording system comprising:

      (i) 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;

      (ii) 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 (i) together with use of VHF transmitters;

      (iii) 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;

      (iv) 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:

        (a) the flight path,

        (b) speed,

        (c) attitude,

        (d) engine power,

        (e) outside air temperature,

        (f) configuration of lift and drag devices,

        (g) use of VHF transmitters and

        (h) use of automatic flight control systems;

      (v) 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:

        (a) the flight path,

        (b) speed,

        (c) attitude,

        (d) engine power,

        (e) outside air temperature,

        (f) configuration of lift and drag devices,

        (g) use of VHF transmitters and

        (h) use of automatic flight control systems;

      (vi) 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:

        (a) the flight path,

        (b) speed,

        (c) attitude,

        (d) engine power,

        (e) outside air temperature,

        (f) instrument landing system deviations,

        (g) marker beacon passage,

        (h) radio altitude,

        (i) configuration of the landing gear and lift and drag devices,

        (j) position of primary flying controls,

        (k) pitch trim position,

        (l) use of automatic flight control systems,

        (m) use of VHF transmitters,

        (n) ground speed/drift angle or latitude/longitude if the navigational equipment provided in the aeroplane is of such a nature as to enable this information to be recorded with reasonable practicability,

        (o) cockpit warnings relating to ground proximity and

        (p) the master warning system;

      (vii) an aircraft 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.

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


      (i) Subject to paragraph (iv), 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:

        (a) flight path;

        (b) speed;

        (c) attitude;

        (d) engine power;

        (e) main rotor speed;

        (f) outside air temperature;

        (g) position of pilot's primary flight controls;

        (h) use of VHF transmitters;

        (j) use of automatic flight controls (if any);

        (k) use of stability augmentation system (if any);

        (l) cockpit warnings relating to the master warning system; and

        (m) selection of hydraulic system and cockpit warnings of failure of essential hydraulic systems.

      (ii) Subject to paragraph (iv), 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 (i) together with the following matters accurately in respect of the helicopter or gyroplane:

        (n) landing gear configuration;

        (p) indicated sling load force if an indicator is provided in the helicopter or gyroplane of such a nature as to enable this information to be recorded with reasonable practicability;

        (q) radio altitude;

        (r) instrument landing system deviations;

        (s) marker beacon passage;

        (t) ground speed/drift angle or latitude/longitude if the navigational equipment provided in the helicopter or gyroplane is of such a nature as to enable this information to be recorded with reasonable practicability; and

        (u) main gear box oil temperature and pressure.

      (iii) Subject to paragraph (iv):

        (a) A combined cockpit voice recorder/flight data recorder which meets the following requirements:

        (aa) in the case of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (i) the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;

        (bb) in the case of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (ii), the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;

        (cc) the cockpit voice recorder shall be capable of recording and retaining at least the last hour of cockpit voice recording information on not less than three separate channels.

        (b)

        (aa) In any case when a combined cockpit voice recorder/flight data recorder specified at paragraph (iii) (a) is required to be carried by or under this Order, the flight data recorder shall be capable, subject to sub-paragraph (bb), of retaining as protected data the data recorded during at least the last 5 hours of its operation or the maximum duration of the flight, whichever is the greater. It shall also be capable of retaining additional data as unprotected data for a period which together with the period for which protected data is required to be retained amounts to a total of 8 hours.

        (bb) The flight data recorder need not be capable of retaining the said additional data if additional data is retained which relates to the period immediately preceding the period to which the required protected data relates or for such other period or periods as the CAA may permit pursuant to article 53 of this Order and the additional data is retained in accordance with arrangements approved by the CAA.

      (iv) A helicopter or gyroplane 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.

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 and 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


      (i) 1 survival beacon radio apparatus;

      (ii) marine type pyrotechnical distress signals;

      (iii) for each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets;

      (iv) for each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers;

      (v) first aid equipment.

Scale V


      (i) 1 survival beacon radio apparatus;

      (ii) marine type pyrotechnical distress signals;

      (iii) for each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets;

      (iv) for each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers;

      (v) first aid equipment;

      (vi) for every 75 or proportion of 75 persons on board, 1 stove suitable for use with aircraft fuel;

      (vii) 1 cooking utensil, in which snow or ice can be melted;

      (viii) 2 snow shovels;

      (ix) 2 ice saws;

      (x) single or multiple sleeping-bags, sufficient for the use of one-third of all persons on board;

      (xi) 1 Arctic suit for each member of the crew of the aircraft.

Scale W


      (i) Subject to paragraph (ii), cosmic radiation detection equipment calibrated in millirems per hour and capable of indicating the action and alert levels of radiation dose rate.

      (ii) 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


      (i) Subject to paragraph (iii), a Ground Proximity Warning System being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water.

      (ii) Subject to paragraph (iii), a Terrain Awareness and Warning System 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.

      (iii) 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


      (i) 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.

      (ii) 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.

      (iii) 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.

      (iv) If the aircraft may in accordance with its certificate of airworthiness carry more than 19 passengers:

        (a) a public address system; and

        (b) an interphone system of communication between members of the flight crew and the cabin attendants.

Scale Z


      (i) 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 (ii) of Scale G.

      (ii) An emergency lighting system to provide illumination outside the aircraft sufficient to facilitate the evacuation of the aircraft.

      (iii)

        (a) Subject to sub-paragraph (b), 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 (ii) of Scale G.

        (b) If the equipment specified in sub-paragraph (a) becomes unserviceable the aircraft may fly or continue to fly in accordance with arrangements approved by the CAA.



SCHEDULE 5
Article 15


Radio and radio navigation equipment to be carried in aircraft


     1 Every aircraft shall be provided, when flying in the circumstances specified in the first column of the Table set forth in paragraph 2 of this Schedule, with the scales of equipment respectively indicated in 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*       E* 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*    
    (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

        E* F*      
(b) when flying within airspace notified for the purpose of this sub-paragraph

        E*        
(c) when flying at or above flight level 100

        E*        
    (4) 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) subject to sub-paragraph (d), multi-engined aircraft when flying for the purpose of public transport under Visual Flight Rules

                 
(c) subject to sub-paragraph (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                
(ii) on all other occasions

A B              
(d) when flying under Instrument Flight Rules within controlled airspace and not required to comply with paragraph (4)(a) above

A*                
    (5) 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 which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 30 passengers

                J

* Unless the appropriate air traffic control unit otherwise permits in relation to the particular flight and provided that the aircraft complies with any instructions which the air traffic control unit may give in the particular case.

# Provided that non-public transport aircraft flying in Class D and E airspace shall not be required to be provided with distance measuring equipment.

     3 The scales of radio and radio navigation equipment indicated in the foregoing Table shall be as follows:

Scale A
Radio 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 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 E
Secondary surveillance radar equipment.

Scale F
Radio and radio navigation equipment capable of enabling the aircraft to be navigated along the intended route including:

      (i) automatic direction finding equipment;

      (ii) distance measuring equipment; and

      (iii) VHF omni-range equipment.

Scale G
Radio navigation equipment capable of enabling the aircraft to make an approach to landing using the Instrument Landing System.

Scale H


      (i) Subject to paragraph (ii), radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including:

        (a) automatic direction finding equipment;

        (b) distance measuring equipment;

        (c) duplicated VHF omni-range equipment; and

        (d) a 75 MHz marker beacon receiver.

      (ii)

        (a) 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 by the CAA in writing in accordance with the provisions of article 14(7) of this Order.

        (b) 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:

        (aa) it is not reasonably practicable for the repair or replacement of that item to be carried out before the beginning of the flight;

        (bb) the aircraft has not made more than one flight since the item was last serviceable; and

        (cc) the commander of the aircraft has satisfied himself that, taking into account the latest information available as to the route and aerodrome to be used (including any planned diversion) and the weather conditions likely to be encountered, the flight can be made safely and in accordance with any relevant requirements of the appropriate air traffic control unit.

Scale J
An airborne collision avoidance system.

     4 In this Schedule:

    (1) 'Automatic direction finding equipment' means radio navigation equipment which automatically indicates the bearing of any radio station transmitting the signals received by such equipment;

    (2) '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;

    (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) 'Secondary surveillance radar equipment' means such type of radio equipment as may be notified as being capable of (a) replying to an interrogation from secondary surveillance radar units on the surface and (b) being operated in accordance with such instructions as may be given to the aircraft by the appropriate air traffic control unit;

    (5) '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.



SCHEDULE 6
Article 17


Aircraft, engine and propeller log books


     1 Aircraft log book

The following entries shall be included in the aircraft log book:

    (a) 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;

    (b) the nationality and registration marks of the aircraft;

    (c) the name and address of the operator of the aircraft;

    (d) 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;

    (e) subject to sub-paragraph (h), particulars of all maintenance work carried out on the aircraft or its equipment;

    (f) subject to sub-paragraph (h), 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 required by article 11(2) and (3) of this Order;

    (g) subject to sub-paragraph (h), particulars of any overhauls, repairs, replacements and modifications relating to the aircraft or any such equipment as aforesaid;

    (h) entries shall not be required to be made under sub-paragraphs (e), (f) and (g) in respect of any engine or variable pitch propeller.

     2 Engine log book

The following entries shall be included in the engine log book:

    (a) 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;

    (b) the nationality and registration marks of each aircraft in which the engine is fitted;

    (c) the name and address of the operator of each such aircraft;

    (d) either:

      (i) 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; or

      (ii) the aggregate duration of periods between take-off and landing for all flights made by that aircraft since the immediately preceding occasion that any maintenance, overhaul, repair, replacement, modification or inspection was undertaken on the engine;

    (e) particulars of all maintenance work done on the engine;

    (f) 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 required by article 11(2) and (3) of this Order;

    (g) particulars of all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.

     3 Variable pitch propeller log book

The following entries shall be included in the variable pitch propeller log book:

    (a) 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;

    (b) the nationality and registration marks of each aircraft, and the type and number of each engine, to which the propeller is fitted;

    (c) the name and address of the operator of each such aircraft;

    (d) either:

      (i) 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; or

      (ii) the aggregate duration of periods between take-off and landing for all flights made by that aircraft since the immediately preceding occasion that any maintenance, overhaul, repair, replacement, modification or inspection was undertaken on the propeller;

    (e) particulars of all maintenance work done on the propeller;

    (f) 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 required by article 11(2) and (3) of this Order;

    (g) particulars of any overhauls, repairs, replacements and modifications relating to the propeller.



SCHEDULE 7
Article 20(4)


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 20(4) of this Order:

Area A - Arctic
All that area north of latitude 68° north, but excluding any part thereof 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 22, 23, 24, 25 and 26


Flight crew of aircraft - licences and ratings




PART A - LICENCES

Section 1 - United Kingdom Licences

Minimum age, period of validity, privileges

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 the licence 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)

    (a) He shall not fly such an aeroplane for the purpose of public transport or aerial work save as hereinafter provided:

      (i) he may fly such an aeroplane for the purpose of aerial work which consists of

        (aa) the giving of instruction in flying, if his licence includes a flying instructor's rating, class rating instructor rating, flight instructor rating or an assistant flying instructor's rating; or

        (bb) the conducting of flying tests for the purposes of this Order;

      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;

      (ii) he may fly such an aeroplane for the purpose of aerial work which consists of:

        (aa) towing a glider in flight; or

        (bb) a flight for the purpose of dropping of persons by parachute;

      in either case in an aeroplane owned, or operated under arrangements entered into, by a club of which the holder of the licence and any person carried in the aircraft or in any glider towed by the aircraft are members.

    (b) He shall not receive any remuneration for his services as a pilot on a flight save that if his licence includes a flying instructor's rating, a flight instructor rating or an assistant flying instructor's rating by virtue of which he is entitled to give instruction in flying microlight aircraft or self-launching motor gliders he may receive remuneration for the giving of such instruction or the conducting of such flying tests as are specified in sub-paragraph (a)(i) in a microlight aircraft or a self-launching motor glider.

    (c) He shall not, unless his licence includes an instrument rating (aeroplane) or an instrument meteorological conditions rating (aeroplanes), fly as pilot in command of such an aeroplane:

      (i) on a flight outside controlled airspace when the flight visibility is less than 3km;

      (ii) on a special VFR flight in a control zone in a flight visibility of less than 10 km except on a route or in an aerodrome traffic zone notified for the purpose of this sub-paragraph; or

      (iii) out of sight of the surface.

    (d) He shall not fly as pilot in command of such an aeroplane at night unless his licence includes a night rating (aeroplanes) or a night qualification (aeroplanes).

    (e) He shall not, unless his licence includes an instrument rating (aeroplane), fly as pilot in command or co-pilot of such an aeroplane flying in Class A, B or C airspace in circumstances which require compliance with the Instrument Flight Rules.

    (f) He shall not, unless his licence includes an instrument rating (aeroplane) or an instrument meteorological conditions rating (aeroplanes), fly as pilot in command or co-pilot of such an aeroplane flying in Class D or E airspace in circumstances which require compliance with the Instrument Flight Rules.

    (g) He shall not fly as pilot in command of such an aeroplane carrying passengers unless within the preceding 90 days he has made three take-offs and three landings as the sole manipulator of the controls of an aeroplane of the same type or class and if such a flight is to be carried out at night and his licence does not include an instrument rating (aeroplane) at least one of those take offs and landings shall have been at night.

    Basic Commercial Pilot's Licence (Aeroplanes)Minimum age - 18 years

Maximum period of validity - 10 years

Privileges:

    (1) The holder of the licence shall be entitled to exercise the privileges of a United Kingdom Private Pilot's Licence (Aeroplanes).

    (2)

    (a) Subject to sub-paragraph (b), 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.

    (b)

      (i) He shall not fly such an aeroplane on a flight for the purpose of public transport if he has less than 400 hours of flying experience as pilot in command of aeroplanes other than self-launching motor gliders or microlight aircraft.

      (ii) He shall not fly such an aeroplane on a flight for the purpose of public transport