Statutory Instrument 1999 No. 2059

      The Air Navigation (Fifth Amendment) Order 1999


      © Crown Copyright 1999

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STATUTORY INSTRUMENTS


1999 No. 2059

CIVIL AVIATION

The Air Navigation (Fifth Amendment) Order 1999

  Made 21st July 1999 
  Laid before Parliament 29th July 1999 
  Coming into force 1st September 1999 

At the Court at Buckingham Palace the 21st day of July 1999

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 60 (other than sub-section (3)(r)), 61 and 102 of, and Schedule 13 to, the Civil Aviation Act 1982[1] 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 and Commencement
     1. This Order may be cited as the Air Navigation (Fifth Amendment) Order 1999 and shall come into force on 1st September 1999.

Amendment of the Air Navigation (No. 2) Order 1995
    
2. The Air Navigation (No. 2) Order 1995[2] shall be amended in accordance with the following articles.

Flight Crew Licensing
     3.  - (1) In article 21(2)(b), (c), (d) and (e) for "article 22(9)" there shall be substituted "article 22D(3)".

    (2) In article 21(2)(b)(i) for "17 years of age" there shall be substituted "16 years of age".

    (3) In article 21(2)(b)(vi), (c)(ii), and (d)(ii) after "a pilot's licence granted under this Order" there shall be inserted "or a JAA licence".

    (4) For article 21(4) there shall be substituted:

        " (4)

      (a) For the purposes of this Part of this Order subject to sub-paragraph (b), a licence granted either under the law of a Contracting State other than the United Kingdom which is not a JAA licence or a licence granted under the law of a relevant overseas territory purporting to authorise the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorise him to act as a student pilot only, shall, unless the Authority in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under this Order but does not entitle the holder:

        (i) to act as a member of the flight crew of any aircraft flying for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or

        (ii) in the case of a pilot's licence, to act as pilot of any aircraft flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying.

      (b) For the purposes of this Part of this Order, a JAA licence shall, unless the Authority in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under this Order.".

    (5) For article 22 there shall be substituted:

    (6) In article 23(1) after "other than the United Kingdom" there shall be inserted ", other than a JAA licence".

    (7) In article 25(1)(a) after "granted or rendered valid under this Order" there shall be inserted "or a JAA licence".

    (8) In article 118(1):

      " "Granted in accordance with JAR-FCL"[3] 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 standardisation team of the JAA;"

    (c) After the definition of "hire purchase agreement" there shall be inserted:

      " "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);"

    (d) After the definition of "JAA" there shall be inserted:

      " "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;"

    (e) For the definition of "JAR" there shall be substituted:

      " "JAR" means a Joint Aviation Requirement of the JAA bearing that number 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 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;"

    (f) After the definition of "JAR" there shall be inserted:

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

    (g) After the definition of "minimum descent height" there shall be inserted:

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

    (h) After the definition of "non precision approach" there shall be inserted:

      " "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) 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;"

    (i) After the definition of "private flight" there shall be inserted:

      " "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;"

    (j) After the definition of "sector" there shall be inserted:

      " "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;"

    (k) After the definition of "tethered flight" there shall be inserted:

      " "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;"

    (l) After the definition of "uncontrollable balloon" there shall be inserted:

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

      "United Kingdom licence in respect of 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);

           Commercial 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 in respect of 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;"

    (9) For Schedule 8 there shall be substituted:



Disruptive Passengers
    
4.  - (1) After article 59 there shall be inserted:

    (2) In Schedule 12, Part A in the column headed "Article of Order" before "60" there shall be inserted "59A(a) and (b)" and adjacent thereto in the column headed "Subject Matter" there shall be inserted "Acting in a disruptive manner".

    (3) In Schedule 12, Part B in the column headed "Article of Order" before "63(1)" there shall be inserted "59A(c)" and adjacent thereto in the column headed "Subject Matter" there shall be inserted "Intentional interference".


A.K. Galloway
Clerk of the Privy Council


EXPLANATORY NOTE

(This note is not part of the Order)


This Order further amends the Air Navigation (No. 2) Order 1995. In addition to minor and drafting amendments, the following changes are made:

    (1) A licence issued by any JAA[
5] State in accordance with JAR-FCL[6] has the same privileges in respect of flying an aircraft registered in the United Kingdom as an equivalent licence issued by the Authority (article 3(1)).

    (2) The minimum age for flying solo is 16 years (article 3(2)).

    (3) A basic commercial pilot's licence (aeroplanes) and a flight engineer's licence shall have their validity maintained on and after 1st January 2000 as though they were licences issued in accordance with JAR-FCL (article 3(5)).

    (4) JAR-FCL licences and United Kingdom licences for which there are JAR-FCL equivalents shall have their validity maintained in accordance with JAR-FCL, in the case of aeroplane licences on and after 1st January 2000 and in the case of helicopter licences on and after 1st July 2000 (article 3(5)).

    (5) The validity of an instrument rating (helicopter), a flying instructor's rating (helicopters) or an assistant flying instructor's rating (helicopters) shall be maintained in accordance with JAR-FCL on and after 1st January 2000 (article 3(5)).

    (6) The validity of an instrument rating (aeroplane) or an instructor's rating shall be maintained in accordance with JAR-FCL (article 3(5)).

    (7) A JAA licence does not require to be validated by the Authority (article 3(6)).

    (8) A JAA licence carries the same instructor privileges as one issued by the Authority (article 3(7)).

    (9) JAR-FCL licences are defined (article 3(8)).

    (10) United Kingdom licences for which there are JAR-FCL equivalents are defined (article 3(8)).

    (11) A JAA licence is a licence issued by any State which is a full Member of JAA and in accordance with JAR-FCL (article 3(8)).

    (12) Changes are made to the privileges of United Kingdom aeroplane licences. Recent experience of night take offs and landings is required only for flights on which passengers are carried. A recency requirement is introduced for flights by day on which passengers may be carried. The 20,000kg limit for holders of a Commercial Pilot's Licence (Aeroplanes) and an Airline Transport Pilot's Licence (Aeroplanes) over age 60 is removed (article 3(9)).

    (13) A separate private pilot's licence is introduced for helicopters and for gyroplanes rather than a single combined licence (article 3(9)).

    (14) Changes are made to the privileges of United Kingdom helicopter licences. Recent experience of night take offs and landings is required only for flights on which passengers are carried. A recency requirement is introduced for flights by day on which passengers may be carried. The 20,000kg limit for holders of a Commercial Pilot's Licence (Helicopters and Gyroplanes) and an Airline Transport Pilot's Licence (Helicopters and Gyroplanes) is removed (article 3(9)).

    (15) Licences specified in accordance with JAR-FCL may be issued (article 3(9)).

    (16) An IMC rating may be issued in respect of a JAR-FCL private pilot's licence (aeroplanes) (article 3(9)).

    (17) A night qualification is introduced in place of a night rating (article 3(9)).

    (18) Instructor ratings are specified in accordance with JAR-FCL (article 3(9)).

    (19) The manner in which the validity of licences and ratings is required to be maintained is specified (article 3(9)).

    (20) It is an offence to act in a disruptive manner while in an aircraft, including using threatening language towards a member of the crew of the aircraft or behaving in a disorderly manner towards a member of the crew of the aircraft. These offences are punishable on summary conviction by a fine not exceeding £2,500. It is also an offence to act in a disruptive manner while in an aircraft by wilfully interfering with the performance by a member of the crew of his duties. This offence is punishable on summary conviction by a fine not exceeding £5,000 and on conviction on indictment by an unlimited fine or imprisonment for a term not exceeding two years or both (article 4).

Copies of JAR-FCL can be purchased from Westward Digital Limited, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG.


Notes:

[1] 1982 c. 16.back

[2] S.I. 1995/1970, amended by S.I. 1996/1301, S.I. 1997/287, S.I. 1998/753 and S.I. 1999/1123.back

[3] Adopted version issued by the JAA on 1st January 1997, as amended by Notices of proposed amendment numbers 1 to 5.back

[4] Change 1, issued by the JAA on 1st March 1998.back

[5] "JAA" is a reference to the Joint Aviation Authorities, an associated body of the European Civil Aviation Conference.back

[6] "JAR-FCL" is a reference to the joint aviation requirements of the JAA relating to flight crew licencing.back



ISBN 0 11 082976 X


 

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© Crown copyright 1999
Prepared 9 March 2001