Citation and Commencement

1.  This Order may be cited as the Air Navigation (Amendment) Order 2007 and shall come into force on 15th March 2007.

Amendment of the Air Navigation Order 2005

2.  The Air Navigation Order 2005(2) shall be amended as follows.

Visibility requirements for helicopters

3.—(1) In article 25 —

(a) omit sub-paragraph (7)(b);

(b) in sub-paragraph (7)(d) omit “or is flying by night with visual ground reference”.

(c) at the end of sub-paragraph (8)(b) omit “or”;

(d) at the end of sub-paragraph (8)(c) omit the full stop and insert “; or”; and

(e) after sub-paragraph (8)(c) add —

“(d) is flying by day and remains clear of cloud and with the surface in sight.”.

(2) In article 155(1), after the definition of ‘Visual Meteorological Conditions’ insert —

“‘With the surface in sight’ means with the flight crew being able to see sufficient surface features or surface illumination to enable the flight crew to maintain the aircraft in a desired attitude without reference to any flight instrument and ‘when the surface is not in sight’ shall be construed accordingly;”.

(3) In Schedule 4, paragraph 5, sub-paragraph (15)(a), in the columns headed respectively “Circumstances of Flight” and “Scale of Equipment Required” for sub-paragraphs (i), (ii) and (iii) substitute —

(4) In Schedule 4, paragraph 5, sub-paragraph (15), in the column headed “Scale of Equipment Required” adjacent to sub-paragraph (b) after “F4” omit “for all weights”.

(5) In Schedule 4, paragraph 5, sub-paragraph (15)(b), in the columns headed respectively “Circumstances of Flight” and “Scale of Equipment Required” for sub-paragraphs (i), (ii), (iii) and (iv) substitute —

(6) In Schedule 8, Part A, Section 1, Sub-Section 2, in the privileges of the Private Pilot’s Licence (Helicopters) for sub-paragraph (2)(d) substitute —

“(d) unless his licence includes an instrument rating (helicopter) fly as pilot in command or co-pilot of such a helicopter in circumstances which require compliance with the Instrument Flight Rules —

(i) in Class A, B or C airspace at any time; or

(ii) in Class D, E, F or G airspace unless remaining clear of cloud and with the surface in sight;”.

(7) In Schedule 8, Part A, Section 1, Sub-Section 2, in the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes) —

(a) omit sub-paragraph (2)(a);

(b) for sub-paragraph (2)(d) substitute —

“(d) unless his licence includes an instrument rating (helicopter) fly as pilot in command of such a helicopter in circumstances which require compliance with the Instrument Flight Rules —

(i) in Class A, B or C airspace at any time; or

(ii) in Class D, E, F or G airspace unless remaining clear of cloud and with the surface in sight;”;

(c) for sub-paragraph (4)(a) substitute —

“(a) unless his licence includes an instrument rating (helicopter) fly as co-pilot of a helicopter flying in circumstances which require compliance with the Instrument Flight Rules —

(i) in Class A, B or C airspace at any time; or

(ii) in Class D, E, F or G airspace unless remaining clear of cloud and with the surface in sight;”; and

(d) omit sub-paragraph (4)(c).

(8) In Schedule 8, Part A, Section 2, Sub-Section 2, in the privileges and conditions of the Commercial Pilot Licence (Helicopter) —

(a) for paragraph (2) substitute —

“(2) (a) Subject to sub-paragraph (b), the licence is subject to the conditions and restrictions specified in paragraph 2.175 of Section 1 of JAR-FCL 2.

(b) The holder of a Commercial Pilot Licence (Helicopter) may fly in circumstances which require compliance with the Instrument Flight Rules in the United Kingdom in Class D, E, F or G airspace when remaining clear of cloud and with the surface in sight.”;

(b) at the end of paragraph (3) insert “except when flying by day under the provisions for flight with the surface in sight in Rule 29(1)(d) of the Rules of the Air Regulations 1996”; and

(c) omit paragraph (4)(a).

(9) In Schedule 8, Part A, Section 2, Sub-section 2, in the privileges and conditions of the Airline Transport Pilot Licence (Helicopter), at the end of paragraph (2) insert “except when flying by day under the provisions for flight with the surface in sight in Rule 29(1)(d) of the Rules of the Air Regulations 1996”.

Requirements for non-public transport flights

4.—(1) After article 49(6) insert —

“(6A) A flight to be conducted in accordance with the Instrument Flight Rules to an aerodrome when no suitable alternate aerodrome is available shall not be commenced unless —

(a) a designated instrument approach procedure is available for the aerodrome of intended landing; and

(b) available current meteorological information indicates that visual meteorological conditions will exist at the aerodrome of intended landing from two hours before to two hours after the estimated time of arrival.

(6B) A flight shall not be continued towards the aerodrome of intended landing unless the latest available information indicates that conditions at that aerodrome, or at at least one alternate aerodrome, will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.”.

(2) After article 49(8) add —

“(8A) In this article ‘designated’ in relation to an instrument approach procedure means notified, prescribed or otherwise designated by the relevant competent authority.”.

(3) After article 50(4) add —

“(5) An operator shall not permit a helicopter rotor to be turned under power for the purpose of making a flight unless there is a person at the controls entitled in accordance with article 26 of this Order to act as pilot-in-command of the helicopter.”.

(4) In article 52 in the first line omit “registered in the United Kingdom”.

(5) After article 52 add —

“Non-public transport aircraft - survival equipment

52A—(1) This article shall apply to any aircraft registered in the United Kingdom which is not a public transport aircraft.

(2) The commander of an aircraft to which this article applies shall reasonably satisfy himself before take-off that the aircraft carries such additional equipment as the commander reasonably considers necessary for the purpose of facilitating the survival of the persons carried in the aircraft.

(3) In satisfying himself as required by paragraph (2) the commander shall have regard to the circumstances of the intended flight, including in particular the likelihood of ditching and the availability of search and rescue facilities.”.

(6) After article 54 add —

“Non-public transport flights – additional duties of commander

54A—(1) This article shall apply to an aircraft registered in the United Kingdom and flying for any purpose other than public transport.

(2) In relation to every flight to which this article applies the commander of the aircraft shall, except in a case where a pressure greater than 700 hectopascals is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that—

(a) before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 19 of and Schedule 4 to this Order is demonstrated to all passengers;

(b) when flying above flight level 130 all passengers are recommended to use oxygen;

(c) during any period when the aircraft is flying above flight level 100 up to and including flight level 130 oxygen is used by all the flight crew of the aircraft for that part of the flight at those altitudes that is of more than 30 minutes duration; and

(d) during any period when the aircraft is flying above flight level 130 oxygen is used by all the flight crew of the aircraft.”.

(7) In article 72 —

(a) for the heading substitute —

“Exits – public transport aeroplanes and helicopters”;

(b) in paragraph (4) after “Every exit from the aeroplane or helicopter shall be marked” insert “on interior surfaces”;

(c) after paragraph (4) insert —

“(4A) Every exit from the aeroplane or helicopter shall be marked on exterior surfaces with the words ‘exit’ or ‘emergency exit’ in capital letters, which shall be located on a background which provides adequate contrast.”;

(d) in paragraph (5) after “Every exit from the aeroplane or helicopter shall be marked” insert “on interior surfaces on or near the inside surface of the door or other closure of the exit”;

(e) for paragraph (6) substitute —

“(6) Every exit from the aeroplane or helicopter which may be opened from the outside shall be marked on or near the exterior surface of the door or other closure of the exit with instructions in English and with diagrams to indicate the correct method of opening the exit, which shall be located on a background which provides adequate contrast.”;

(f) omit paragraphs (7) and (8).

(8) After article 72 add —

“Marking of break-in areas

72A.—(1) This article shall apply to all aircraft registered in the United Kingdom.

(2) An operator shall ensure that, if areas of the fuselage suitable for break-in by rescue crews in emergency are marked on an aircraft to which this article applies, such areas shall be marked upon the exterior surface of the fuselage with markings to show the areas (in this article referred to as ‘break-in areas’) which can, for the purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.

(3) (a) The break-in areas shall be marked by right angled corner markings, each arm of which shall be 9 cm in length along its outer edge and 3 cm in width.

(b) If the corner markings are more than 2 metres apart, intermediate lines 9 cm x 3 cm shall be inserted so that there is no more than 2 metres between adjacent marks.

(4) The colour of break-in markings shall be red or yellow, and if necessary they shall be outlined in white to contrast with the background.

(5) If instructions are marked on the break-in areas, the words ‘Cut Here in Emergency’ shall be marked across the centre of each break-in area in capital letters.

(6) The markings required by this article shall —

(a) be painted, or affixed by other equally permanent means; and

(b) be kept at all times clean and unobscured.”.

(9) In article 155 after the definition of ‘Instructor’s rating’ insert —

“‘Instrument approach procedure’ means a series of predetermined manoeuvres by reference to flight instruments, with specified protection from obstacles, from a specified point to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or other obstacle clearance criteria apply;”.

(10) In Schedule 4, paragraph 5(2), sub-paragraph (a), in the column headed “Scale of Equipment Required”, alongside sub-paragraph (i) for “C and D” substitute “C, D, G(2), G(3) and GG”.

(11) In Schedule 4, paragraph 5(2), sub-paragraph (a), in the columns headed respectively “Circumstances of Flight” and “Scale of Equipment Required”, after sub-paragraph (iii) insert —

(12) In Schedule 4, paragraph 5(15), in the column headed “Scale of Equipment Required” adjacent to sub-paragraph (a) for “A(1) and (2)” substitute “A(1), (2), (3) and (5)”.

(13) In Schedule 4, paragraph 5(15), sub-paragraph (a), in the columns headed respectively “Circumstances of Flight” and “Scale of Equipment Required”, after sub-paragraph (iii) insert —

(14) In Schedule 4, paragraph 6, Scale A, after paragraph (4) add —

“(5) A hand fire extinguisher for each enclosed passenger and crew compartment, so installed that at least one extinguisher shall be conveniently located for use by a member of the flight crew.”.

(15) In Schedule 4, paragraph 6, Scale G, after sub-paragraph (6)(b) add —

“(c) if the maximum total weight authorised of the helicopter or gyroplane is 5700 kg or less and the flight is for a purpose other than public transport —

(i) 2 landing lights, one of which is adjustable in flight so as to illuminate the ground in front of, below and on either side of the helicopter; or

(ii) 2 landing lights in addition to the helicopter standard equipment, which shall be adjusted so as to illuminate the ground in front of the helicopter.”.

(16) In Schedule 4, paragraph 6, after Scale G add —

“Scale GG

A landing light.”.

(17) In Schedule 4, paragraph 6, Scale H, paragraph (1), for “waterproof torch” substitute “a survivor locator light”.

(18) In Schedule 5, paragraph 2 —

(a) at the beginning of sub-paragraph (5), after “All aircraft” insert “(other than gliders)”;

(b) in sub-paragraph (5)(e) omit “within controlled airspace”.

(19) In Schedule 14, Part A —

(a) in the column headed ‘Article of Order’ after ‘52’ insert ‘52A’ and adjacent to it in the column headed ‘Subject Matter’ insert ‘Carriage of survival equipment by non-public transport aircraft’;

(b) in the column headed ‘Article of Order’ after ‘54’ insert ‘54A’ and adjacent to it in the column headed ‘Subject Matter’ insert ‘Additional duties of commander on non-public transport flights’;

(c) in the column headed ‘Subject Matter’ adjacent to ‘72’ for ‘Requirement for exits and break-in markings’ substitute ‘Requirements concerning exits from public transport aeroplanes and helicopters’;

(d) in the column headed ‘Article of Order’ after ‘72’ insert ‘72A’ and adjacent to it in the column headed ‘Subject Matter’ insert ‘Requirement for marking of break-in areas’.

Carriage and use of vibration health monitoring systems

5.—(1) After article 62 insert —

“Use of vibration health monitoring systems

62A.  The operator of a helicopter, on which a vibration health monitoring system is required by paragraph 5(15) of Schedule 4 to the Order to be carried, shall operate that equipment in accordance with procedures approved by the CAA.”.

(2) In article 155(1) after the definition of ‘holding’ insert —

“‘Hostile environment’, for the purposes of sub-paragraphs 5(15)(b)(ix) and (xvii) of Schedule 4, means an environment in which —

(3) In Schedule 4, paragraph 5(15), after sub-paragraph (b)(xvi) in the column headed ‘Circumstances of Flight’ add “(xvii) with a maximum approved passenger seating configuration of more than nine and operating in a hostile environment” and adjacent to it in the column headed ‘Scale of Equipment Required’ insert “SS(6)”.

(4) In Schedule 4, paragraph 6, after paragraph (5) of Scale SS add —

“(6) A vibration health monitoring system capable of monitoring the vibration of critical helicopter rotor and rotor drive system components.”.

(5) In Schedule 9, Part A —

(a) at the end of sub-paragraph 1(r) omit “and”;

(b) at the end of sub-paragraph 1(s) omit the full stop and insert “; and”; and

(c) after sub-paragraph 1(s) insert —

“(t) in the case of a helicopter, the maximum approved passenger seating configuration.”.

(6) In Schedule 14, Part A in the column headed ‘Article of Order’ after ‘62’ insert ‘62A’ and adjacent to it in the column headed ‘Subject Matter’ insert ‘Use of vibration health monitoring systems’.

Balloon flying displays

6.  In article 80 after paragraph (11) insert —

“(11A) Paragraphs (1), (2), (3) and (4) shall not apply to a flying display at which the only participating aircraft are balloons.”.

Introduction of 8.33kHz channel spacing

7.  In Schedule 5 —

(a) in sub-paragraph 2(2)(a), for “when flying at or above flight level 245” substitute “when flying at or above flight level 195”;

(b) in paragraph 4, for Scale A substitute —

“Scale A

Radiocommunications equipment capable of maintaining direct two-way communication with the appropriate air traffic control units on the intended route using the frequencies notified or otherwise designated by the competent authority for that purpose.”.

Other changes

8.—(1) After article 8(5) insert —

“(6) An aircraft flying clear of cloud and with the surface in sight shall, for the purposes of this article, be deemed to be flying in accordance with the Visual Flight Rules.”.

(2) In article 155 for the definition of JAR-FCL 1 substitute —

“‘JAR-FCL 1’ means the Joint Aviation Requirement of the JAA bearing that title including Amendment 5 adopted by the JAA on 1^st March 2006;”.

(3) In article 155 for the definitions of JAR-OPS 1 and JAR-OPS 3 substitute —

“‘JAR-OPS 1’ means the Joint Aviation Requirement of the JAA bearing that title including Amendment 10 adopted by the JAA on 1st March 2006;

‘JAR-OPS 3’ means the Joint Aviation Requirement of the JAA bearing that title including Amendment 3 adopted by the JAA on 1st April 2004 and the Corrigendum adopted by the JAA on 1st July 2004;”.

(4) In Schedule 4, paragraph 6, in paragraph (6) of Scale B for “with a maximum approved passenger seating configuration of more than 9” substitute “and with a maximum approved passenger seating configuration of 9 or less”.

(5) In Schedule 5, paragraph 2(5) —

(a) in sub-paragraph (d)(i) in the column “Scale of Equipment Required” omit “B”; and

(b) in sub-paragraph (d)(ii) in the column “Scale of Equipment Required” insert “B”.

(6) In Schedule 8, Part C, Section 2, in paragraph 2(1)(c)(i) for “the requirements in paragraph (b) above” substitute “the requirements in sub-paragraph (a) above”.

(7) In Schedule 10, paragraph 2(2), for “the certificate of airworthiness in force in respect of the aircraft” substitute “in the case of a non-EASA aircraft the national certificate of airworthiness in force in respect of the aircraft”(3).