The Air Navigation Order 1989

Type Statutory-Instrument
Publication 1989-11-01
State In force
Department Queen's Printer of Acts of Parliament
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  • “Control area” means airspace which has been notified as such and which extends upwards from a notified altitude or flight level;
  • “Control zone” means airspace which has been notified as such 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 28(2) of this Order or a cabin attendant;
  • “Danger area” shall mean 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;
  • “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;
  • “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;
  • “Flight” and “to fly” have the meanings respectively assigned to them by paragraph (2) of this article;
  • “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 radio operator of the aircraft;
  • “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 millibars;
  • “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;
  • “Foreign country” shall, for the purposes of articles 88 and 92, include Hong Kong;
  • “Free balloon” means a balloon which when in flight is not attached by any form of restraining device to the surface;
  • “General lighthouse authority” has the same meaning as in section 634 of the Merchant Shipping Act 1894[^f00024];
  • “Government aerodrome” means any aerodrome in the United Kingdom which is in the occupation of any Government Department or visiting force;
  • “Hire-purchase agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974[^f00025];
  • “Instrument Flight Rules” means Instrument Flight Rules prescribed under article 69(1) of this Order;
  • “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[^f00026];
  • “to land” in relation to aircraft includes alighting on the water;
  • “Legal personal representative” has the same meaning as in section 742 of the Merchant Shipping Act 1894[^f00027];
  • “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 78(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 Authority in the particular case;
  • “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;
  • “Microlight aeroplane” means an aeroplane having a maximum total weight authorised not exceeding 390kg., a wing loading at the maximum total weight authorised not exceeding 25kg. 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” includes the naval, military or air force aircraft of any country and: 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 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;
  • “Nautical mile” means the International Nautical Mile, that is to say, a distance of 1852 metres;
  • “Night” means the time between half an hour after sunset and half an hour before sunrise, 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;
  • “Notified” means set forth in a document published by the Authority and entitled “United Kingdom Notam” or “United Kingdom Air Pilot” and for the time being in force;
  • “Offshore installation” has the same meaning as in section 1 of the Mineral Workings (Offshore Installations) Act 1971[^f00028];
  • “Operator” has the meaning assigned to it by paragraph (3) of this article;
  • “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;
  • “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;
  • “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;
  • “Public transport” has the meaning assigned to it by article 107 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[^f00029];
  • “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 and Air Traffic Control” has the meaning assigned to it by article 69(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 2 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;
  • “Special VFR flight” means a flight which is a special VFR flight for the purposes of the rules prescribed under article 69(1) of this Order;
  • “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 purposes of the provisions of the Visiting Forces Act 1952[^f00030]: which apply to that country by virtue of paragraph (a) of section 1(1) of that Act; or 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 the said section 1(2);
  • “Visual Flight Rules” means Visual Flight Rules prescribed under article 69(1) of this Order;
  • “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) 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:

Provided that, 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 1 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

107
  • (1) Subject to the provisions of this article, aerial work means any purpose (other than public transport) for which an aircraft is flown if valuable consideration is given or promised in respect of the flight or the purpose of the flight provided that, if the only such valuable consideration consists of remuneration for the services of the pilot the flight shall be deemed to be a private flight for the purposes of Part III of this Order.
  • (2) Subject to the provisions of this article, an aircraft in flight shall for the purpose of this Order be deemed to fly for the purposes of public transport:
  • (a) if valuable consideration is given or promised for the carriage of passengers or cargo in the aircraft on that flight;
  • (b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors and, in the case of the Authority, the members of the Authority), persons with the authority of the Authority either making any inspection or witnessing any training, practice or test for the purposes of this Order, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or
  • (c) for the purposes of Part III of this Order (other than articles 13(2) and 14(2) thereof), if valuable consideration is given or promised for the primary purpose of conferring on a particular person the right to fly the aircraft on that flight (not being a single-seat aircraft of which the maximum total weight authorised does not exceed 910kg.) otherwise than under a hire-purchase or conditional sale agreement:

Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport by reason of sub-paragraph (2)(c) of this article, it shall not be deemed to be flying for the purpose of the public transport of passengers unless valuable consideration is given for the carriage of those passengers:

Provided also that a glider shall not be deemed to fly for the purpose of public transport for the purposes of Part III of this Order by virtue of sub-paragraph (2)(c) of this article if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club:

And provided further that notwithstanding the giving or promising of valuable consideration specified in sub-paragraph (2)(c) of this article in respect of the flight or the purpose of the flight it shall:

  • (i) subject to sub-paragraph (ii) below, for all purposes other than Part III of this Order; and
  • (ii) for the purposes of articles l3(2)and 14(2) of this Order;

be deemed to be a private flight.

  • (3) 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.
  • (4)
  • (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 exhibition of flying;
  • (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 sub-paragraph (2)(c) of this article; or
  • (bb) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this article, valuable consideration which falls within sub-paragraph (8)(b) of this article;

is either:

  • (cc) that given or promised to the owner or operator of an aircraft taking part in such a race, contest or exhibition of flying 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 Authority granted to the organiser of the race or contest which permission may be granted subject to such conditions as the Authority thinks fit;

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

  • (b) Any prize falling within sub-paragraph (4)(a)(ii)(dd) of this article shall be deemed for the purposes of this Order not to constitute remuneration for services as a pilot.
  • (5) 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:
  • (a) valuable consideration specified at sub-paragraph (2)(c) of this article; or
  • (b) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this article, valuable consideration which falls within sub-paragraph (8)(b) of this article;

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 Authority and in accordance with any conditions therein specified:

Provided that if valuable consideration specified at sub-paragraph (2)(c) of this article is given or promised the provisions of that sub-paragraph shall apply to the flight.

  • (6) 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:
  • (a) valuable consideration specified at sub-paragraph (2)(c) of this article; or
  • (b) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this article, valuable consideration which falls within sub-paragraph 8(b) of this article;

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

Provided that:

  • (i) no more than 4 persons (including the pilot) shall be carried on such a flight;
  • (ii) 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); and
  • (iii) 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:

Provided further that 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:

And provided also that if valuable consideration specified at sub-paragraph (2)(c) of this article is given or promised the provisions of that sub-paragraph shall apply to the flight.

  • (7) 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:
  • (a) valuable consideration specified at sub-paragraph (2)(c) of this article; or
  • (b) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this article, valuable consideration which falls within sub-paragraph (8)(b) of this article;

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, 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:

Provided further that if valuable consideration specified at sub-paragraph (2)(c) of this article is given or promised the provisions of that sub-paragraph shall apply to the flight.

  • (8) A flight shall be deemed to be a private flight if:
  • (a) the aircraft is owned:
  • (i) jointly by persons 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 Authority 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 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).

  • (9) 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 Authority pursuant to article 44 of this Order;
  • (b) positioning the aircraft for such a flight as is specified in sub-paragraph (a) hereof 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 Authority pursuant to article 44 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

108
  • (1) Subject to the provisions of articles 78 and 82 of this Order, nothing in this Order or the 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 Authority 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.

Small aircraft

109

The provisions of this Order, other than articles 51, 75, 106(1) and 106(4), shall not apply to or in relation to:

  • (a) any balloon which at any stage of its flight is not more than 2 metres in any linear dimension including any basket or other equipment attached to the balloon;
  • (b) any kite weighing not more than 2kg.;
  • (c) any other aircraft weighing not more than 7kg. without its fuel; or
  • (d) any parachute including a parascending parachute.

Approval of persons to furnish reports

110

In relation to any of its functions pursuant to any of the provisions of this Order the Authority 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.

SCHEDULE 1

PART A — TABLE OF GENERAL CLASSIFICATION OF AIRCRAFT

Col. 1 Col. 2 Col. 3 Col. 4
Free Balloon
Lighter than air aircraft Non-power driven Captive Balloon
Power driven Airship
Non-power driven Glider
Kite
Aircraft Aeroplane (Landplane)
Aeroplane (Seaplane)
Aeroplane (Amphibian)
Heavier than air aircraft Power driven (flying machines) Aeroplane
(Self-launching Motor Glider)
Powered Lift (Tilt Rotor)
Rotorcraft{Helicopter
{Gyroplane

PART B — NATIONALITY AND REGISTRATION MARKS OF AIRCRAFT REGISTERED IN THE UNITED KINGDOM

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 Authority 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 nationality and registration marks shall also be inscribed, together with the name and address of the registered owner of the aircraft, on a fire-proof metal plate affixed:

  • (a) in the case of an aeroplane having an empty weight not exceeding 150kg. either in accordance with paragraph (b) or in a prominent position to the wing; or
  • (b) in the case of any other aircraft in a prominent position on the fuselage or car or basket, as the case may be, and near to the main entrance to the aircraft.
4

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 following manner:

I

Position of Marks

  • (a) Flying Machines and Gliders
  • (i) Horizontal Surfaces of the Wings or Fuselage (or equivalent structure).
  • (aa) On aircraft having a fixed wing surface, the marks shall appear on the lower surface of the wing structure, and shall be on the left half of the lower surface of the wing structure unless they extend across the whole surface of both wings. So far as 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.
  • (bb) On aircraft having no fixed wing surface and when owing to the structure of the aircraft the greatest height reasonably practicable for the marks on the vertical surface of the fuselage (or equivalent structure) is less than 15 centimetres the marks shall also appear on the lower surface of the fuselage on the line of symmetry and shall be placed with the tops of the letters towards the nose.
  • (ii) Vertical Surfaces of the Tail or Fuselage (or equivalent structure).
II

Size of Marks

  • (a) Flying Machines and Gliders
  • (i) Wings: The letters constituting each group of marks shall be of equal height. The height of the letters shall be at least 50 centimetres.
  • (ii) Fuselage (or equivalent structure) or Vertical Tail Surfaces: The marks on the fuselage (or equivalent structure) shall not interfere with the visible outlines of the fuselage (or equivalent structure). 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. The letters shall be of equal height. The height of the letters constituting each group of marks shall be at least 30 centimetres. Where marks are required to be carried on the lower surface of aircraft having no fixed wing surface the height of the marks shall he at least 50 centimetres.
III

Width and Spacing of Marks

  • (a) The width of each letter (except the letter I) and the length of the hyphen between the nationality mark and the registration mark shall be two-thirds of the height of a letter.
  • (b) The letters and hyphen shall be formed by solid lines and shall be of a colour clearly contrasting with the background on which they appear. Thickness of the lines shall be one-sixth of the height of a letter.
  • (c) Each letter shall be separated from the letter which it immediately precedes or follows by a space equal to half the width of a letter. A hyphen shall be regarded as a letter for this purpose.

PART C — AIRCRAFT DEALER'S CERTIFICATE—CONDITIONS

SCHEDULE 2 — A AND B CONDITIONS

The A Conditions and B Conditions referred to in articles 3(1), 7(1) and 42(7) of this Order are as follows:

A Conditions

  • (1) The aircraft shall be either an aircraft in respect of which a certificate of airworthiness or validation has previously been in force under this Order, or an aircraft identical in design with an aircraft in respect of which such a certificate is or has been in force.
  • (2) The aircraft shall fly only for the purpose of enabling it to:
  • (a) qualify for the issue or renewal of a certificate of airworthiness or of the validation thereof or the approval of a modification of the aircraft, after an application has been made for such issue, renewal, validation or approval as the case may be;
  • (b) proceed to or from a place at which any inspection, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place for a purpose referred to in sub-paragraph (a), after such an application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or
  • (c) proceed to or from a place at which the aircraft is to be or has been stored.
  • (3) 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 Authority for the purpose of issuing certificates under this condition, and in accordance with that approval.
  • (4) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation, which has previously been in force under this Order in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design.
  • (5) 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) of these Conditions.
  • (6) 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 from or land at a Government aerodrome or an aerodrome owned or managed by the Authority, or a licensed aerodrome, in accordance with normal aviation practice.
  • (7) Without prejudice to the provisions of article 19(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) The flight shall be made under the supervision of a person approved by the Authority for the purpose of these Conditions, and subject to any additional conditions which may be specified in such approval.
  • (2) If it is not registered in the United Kingdom or under the law of any country referred to in article 3 of this Order, the aircraft shall be marked in a manner approved by the Authority for the purposes of these Conditions, and the provisions of articles 14, 16, 20, 35, 38, 61 and 63 of this Order shall be complied with in relation to the aircraft as if it was registered in the United Kingdom so far as such provisions are applicable to the aircraft in the circumstances.
  • (3) The aircraft shall fly only for the purpose of:
  • (a) experimenting with or testing the aircraft (including in particular its engines) and its equipment;
  • (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;
  • (c) proceeding to or from a place at which any experiment, inspection, approval, test or weighing of, or the installation of equipment in the aircraft is to take place for a purpose referred to in sub-paragraph (a) or (b), or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or
  • (d) demonstrating the aircraft with a view to the sale of that aircraft or of other similar aircraft.
  • (4) Without prejudice to the provisions of article 19(2) of this Order, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.
  • (5) 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 carry out during the flight duties in connection with the purposes specified in paragraph (3) of these Conditions;
  • (b) persons employed by manufacturers of component parts of the aircraft (including its engines) who carry out during the flight duties in connection with the purposes so specified;
  • (c) persons approved by the Authority under article 110 of this Order as qualified to furnish reports for the purposes of article 8 of this Order; or
  • (d) persons, other than those carried under the preceding provisions of this paragraph. who are carried in the aircraft in order to carry out a technical evaluation of the aircraft or its operation.
  • (6) The aircraft shall not fly, except in accordance with procedures which have been approved by the Authority in relation to that flight, over any congested area of a city, town or settlement.

SCHEDULE 3 — CATEGORIES OF AIRCRAFT

  • Transport Category (Passenger).
  • Transport Category (Cargo).
  • Aerial Work Category.
  • Private Category.
  • Special Category.
  • The purposes for which the aircraft may fly are as follows:
  • 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 — AIRCRAFT EQUIPMENT

1

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 the scales of equipment respectively indicated in that Table:

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 Authority:

  • (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 Y1 and Y2.
Description of Aircraft Circumstances of Flight Scale of Equipment Required
* For the purposes of this Table, flying time shall be calculated on the assumption that the helicopter or gyroplane is flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water. * For the purposes of this Table, flying time shall be calculated on the assumption that the helicopter or gyroplane is flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water. * For the purposes of this Table, flying time shall be calculated on the assumption that the helicopter or gyroplane is flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water.
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 controlled airspace E with E(iv) duplicated 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 by aeroplanes having a maximum total weight authorised not exceeding 1150kg. 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 1150kg. 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 issues or rendered valid by the Authority it is capable of a gradient of climb of at least 1 in 200 at an altitude of 5000ft. in the International 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[^f01000] 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[^f01000] 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 10000ft. 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 aa before 1st January 1990 Q and Y1
bb on or after 1st January 1990 Q and Y2(I), (ii) and (iii)
xii on all flights by a pressurised aircraft aa before 1st January 1990 R1
bb on or after 1st January 1990 R2
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 any emergency landing, polar conditions are likely to be met V
xv when flying at an altitude of more than 49000ft. W
3 Turbine-jet aeroplanes having a maximum total weight authorised exceeding 5700kg. Or pressurised aircraft having a maximum total weight authorised exceeding 11400kg. When flying for the purpose of public transport O
4 Turbine-engined aeroplanes having a maximum total weight authorised exceeding 5700kg. And piston-engined aeroplanes having a maximum total weight authorised exceeding 27000kg. 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: Provided that this paragraph shall not apply to aeroplanes falling within paragraphs (5) or (6) thereof. 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 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 5700kg. But not exceeding 11400kg.; 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 11400kg. But not exceeding 27000kg.; 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 27000kg. But not exceeding 230000kg.; 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 230000kg.; Provided that this paragraph shall not apply to aeroplanes falling within paragraph (6) hereof 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 5700kg., 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 5700kg. But not exceeding 27000kg.; 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 5700kg. But not exceeding 27000kg. 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 1st June 1990 and which have a maximum total weight authorised exceeding 270000kg. 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 27000kg. 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 230000kg. And in respect of which there is in force such certificate of airworthiness; or when flying on any flight T
c having a maximum total weight authorised exceeding 27000kg. 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 230000kg.) 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 which have a maximum total weight authorised exceeding 15000kg. Or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 30 passengers. On all flights for the purpose of public transport X
10 Aeroplanes: a which are a turbo-jet and which have a maximum total weight authorised exceeding 22700kg.; 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 5700kg. 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 bot not including any aeroplane which in the opinion of the Authority 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 by night 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 5700kg. 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 Authority 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 which are a turbo-jet and which have a maximum total weight authorised exceeding 22700kg.; 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)
11 Aeroplanes: a powered by one or more turbine jets and first issued with a certificate of airworthiness in the United Kingdom on or after 1st April 1989; when flying on any flight on or after 1st April 1989 AA
b powered by one or more turbine jets and first issued with a certificate of airworthiness in the United Kingdom prior to 1st April 1989; When flying on any flight on or after 1st April 1989 AA
c powered by one or more turbine propeller engines and having a maximum total weight authorised exceeding 5700kg. And first issued with a certificate of airworthiness in the United Kingdom on or after 1st April 1989 When flying on any flights on or after 1st April 1989AA
12 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 1978 and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger); on all flights for the purpose of the public transport of passengers on or after 1st April 1991 Y2(iv)
b which conform to a type first issued with a type certificate (whether in the United Kingdom or elsewhere) on or after 1st April 1968 and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) on all flights for the purpose of the public transport of passengers on or after 1st April 1993 Y2(iv)
c which conform to a type first issued with a type certificate (whether in the united Kingdom or elsewhere) before 1st April 1968 and in respect of which there is in force a certificate of airworthiness in the transport Category (Passengers) on all flights for the purpose of the public transport of passengers on or after 1st April 1993 Y2(iv)
13 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 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 (iv) duplicated, F(ii), F(iii) and F(v)
iii when flying by night with visual ground reference aa in the case of a helicopter or gyroplane having a maximum total weight authorised not exceeding 2000kg. C, E and G
bb in the case of a helicopter or gyroplane having a maximum total weight authorised exceeding 2000kg. C, E with E(ii) duplicated and either E(iv) duplicated or a radio altimeter, F(ii), F(iii), F(v) and G
iv when flying by night without visual ground reference C, E with both E(ii) and E(iv) duplicated, F(ii), F(iii)m 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[^f01000] 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 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 in support of or in connection with the offshore exploitation, or exploration of mineral resources (including gas) when the weather report or forecasts available to the commander of the aircraft indicate that the sea temperature will be less than plus 10C 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 10000ft. 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 aa before 1st January 1990 Y1
bb on or after 1st January 1990 Y2(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
14 Helicopters and Gyroplanes: a having a maximum total weight authorised exceeding 5700kg. 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 Authority 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 public transport of passengers Z(i)
c which have a certificate of airworthiness issued in the Transport Category (Passenger or Cargo) and which have either a maximum total weight authorised exceeding 2730kg. Or which may carry more than 9 passengers; or when flying on any flight before 1st February 1991 S(vii)
d 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 2730kg. But not exceeding 7000kg. 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 on or after 1st February 1991 SS(i) or (iii)
ii which have a maximum total weight authorised exceeding 7000kg. When flying on any flight on or after 1st February 1991 SS(ii) or (iii)
5

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

  • Scale A 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. 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. 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 5700kg.; A handbook on first aid. 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: is more than 1.82 metres from the ground when the undercarriage of the machine is in the normal position for taxying; or 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 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: Provided that 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 If the maximum total weight authorised of the aircraft is 2730kg. or less, for every pilot’s seat and for any seat situated alongside a pilot’s seat, a safety belt with one diagonal shoulder strap or a safety harness: Provided that the Authority may permit a safety belt without a diagonal shoulder strap to be fitted if it is satisfied that it is not reasonably practicable to fit a safety belt with one diagonal shoulder strap or a safety harness. If the maximum total weight authorised of the aircraft exceeds 2730kg., a safety harness for every pilot’s seat and for any seat situated alongside a pilot’s seat, in place of the safety belt with one diagonal shoulder strap referred to under sub-paragraph (a): Provided that the Authority may permit a safety belt with one diagonal shoulder strap to be fitted if it is satisfied that it is not reasonably practicable to fit a safety harness. 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. In addition and for attachment to the equipment required in sub-paragraph (c) above, a child restraint device for every child under the age of 2 years on board. 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. On all flights in aeroplanes the maximum total weight authorised of which does not exceed 5700kg. 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: Provided that the provisions of this sub-paragraph shall not apply to aeroplanes in respect of which a certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) before 1st February 1989. 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. A safety harness for every seat in use: Provided that in the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the Authority 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 Equipment for displaying the lights required by the Rules of the Air and Air Traffic Control; 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; Unless the aircraft is equipped with radio, devices for making the visual signal specified in the Rules of the Air and Air Traffic Control as indicating a request for permission to land.
  • Scale D In the case of a helicopter or gyroplane, a slip indicator; In the case of any other flying machine either: a turn indicator and a slip indicator; or a gyroscopic bank and pitch indicator and a gyroscopic direction indicator; 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 In the case of a helicopter or gyroplane, a slip indicator; In the case of any other flying machine, a turn indicator and a slip indicator; A gyroscopic bank and pitch indicator; A gyroscopic direction indicator; 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: Provided that any aircraft may, at the option of the operator, be equipped with an additional gyroscopic bank and pitch indicator in lieu of the turn indicator referred to in (i) of this Scale.
  • Scale EE 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.
  • Scale F A timepiece indicating the time in hours, minutes and seconds; A means of indicating whether the power supply to the gyroscopic instrument is adequate; A rate of climb and descent indicator; If the maximum total weight authorised of the aircraft exceeds 5700kg. a means of indicating outside air temperature; If the maximum total weight authorised of the aircraft exceeds 5700kg. 2 air speed indicators.
  • Scale G 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; An electrical lighting system to provide illumination in every passenger compartment; One electric torch for each member of the crew of the aircraft; or one electric torch for each member of the flight crew of the aircraft; and 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: be readily accessible for use by the crew of the aircraft at all times; and number in total not less than the minimum number of cabin attendants required to be carried with a full passenger complement; In the case of an aircraft other than a helicopter or gyroplane of which the maximum total weight authorised exceeds 5700kg., means of observing the existence and build up of ice on the aircraft; 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: 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 one landing light or, if the maximum total weight authorised of the helicopter or gyroplane exceeds 5700kg., 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; 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: one landing light and 2 parachute flares; or if the maximum total weight authorised of the helicopter or gyroplane exceeds 5700kg., either one dual filament landing light with separately energised filaments or 2 single filament landing lights, and 2 parachute flares.
  • Scale H For each person on board, a lifejacket equipped with a whistle and waterproof torch: Provided that lifejackets constructed and carried solely for use by children under 3 years of age need not be equipped with a whistle.
  • Scale I A survival suit for each member of the crew.
  • Scale J Additional flotation equipment, capable of supporting one-fifth of the number of persons on board, and provided in a place of stowage accessible from outside the flying machine; Parachute distress rocket signals capable of making, from the surface of the water, the pyrotechnical signal of distress specified in the Rules of the Air and Air Traffic Control and complying with Part III of Schedule 15 to the Merchant Shipping (Life-Saving Appliances) Regulations 1980[^f00031]; A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the flying machine on water, appropriate to its size, weight and handling characteristics.
  • Scale K In the case of a flying machine, other than a helicopter or gyroplane carrying 20 or more persons, life rafts sufficient to accommodate all persons on board; In the case of a helicopter or gyroplane carrying 20 or more persons, a minimum of 2 life rafts sufficient together to accommodate all persons on board. Each liferaft shall contain the following equipment: means for maintaining buoyancy; a sea anchor; life-lines, and means of attaching one liferaft to another; paddles or other means of propulsion; means of protecting the occupants from the elements; a waterproof torch; marine type pyrotechnical distress signals; means of making sea water drinkable, unless the full quantity of fresh water is carried as specified in sub-paragraph (i); for each 4 or proportion of 4 persons the liferaft is designed to carry: 100 grammes of glucose toffee tablets; ½ litre of fresh water in durable containers: Provided that 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 may be substituted. 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 ½ litre of water for each 4 or proportion of 4 persons the liferaft is designed to carry. first aid equipment; Items (f) to (j) inclusive shall be contained in a pack. The number of survival beacon radio apparatus carried when the aircraft is carrying the number of life rafts specified in column 1 of the following Table shall be not less than the number specified in, or calculated in accordance with, column 2. Table Column 1Column 2 Not more than 8 liferafts.2 survival beacon radio apparatus.For every additional 4 or proportion 4 life rafts.1 additional survival beacon radio apparatus. 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 In every flying machine which is provided with means for maintaining a pressure greater than 700 millibars throughout the flight in the flight crew compartment and in the compartments in which the passengers are carried: 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 of this Scale, 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 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 two passengers; together with suitable and sufficient apparatus to enable such persons to use the oxygen. In any other flying machine: a supply of oxygen sufficient for continuous use by all the crew other than the flight crew, and if passengers are carried, by 10 per cent 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 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. The quantity of oxygen required for the purpose of complying with paragraphs (i) and (ii) of this Part of this Scale 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 1Column 2Column 3Column 4Vertical displacement of the flying machine in relation to flight levelsCapability of flying machine to descend (where relevant)Period of supply of oxygenPersons for whom oxygen is to be provided 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. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 150. 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. 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. 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 greaterIn addition to any passengers for whom oxygen is provided as specified below, all the crewFlying machine is either flying at or below flight level 150 or is capable of descending and continuing to destination as specified at X hereunder30 minutes or the period specified at A hereunder whichever is the greater10% of number of passengers10 minutes or the period specified at B hereunder whichever is the greaterAll passengersAbove flight level 100 but not above flight level 300and in additionFlying machine is flying above flight level 150 and is not so capable30 minutes or the period specified at C hereunder whichever is the greater10% of number of passengersFlying machine is capable of descending and continuing to destination as specified at Y hereunder30 minutes or the period specified at A hereunder whichever is the greater15% of number of passengers10 minutes or the period specified at B hereunder whichever is the greaterAll passengersAbove flight level 300 but not above flight level 350and in additionFlying machine is not so capable30 minutes or the period specified at C hereunder whichever is the greater15% of number of passengers10 minutes or the period specified at B hereunder whichever is the greaterAll passengersAbove flight level 350and in addition—30 minutes or the period specified at C hereunder whichever is the greater15% 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 of this scale. The duration for the purposes of this scale shall be: 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: in the case of pressurised aircraft, the possibility of depressurisation when flying above flight level 100; the possibility of failure of one or more of the aircraft engines; restrictions due to required minimum safe altitude; fuel requirement; and the performance of the aircraft; or 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 When flying at or below flight level 100: Nil. When flying above flight level 100 but not exceeding flight level 120: Supply forDuration 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 When flying above flight level 120: Supply forDuration 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 When flying at or below flight level 100: Nil. When flying above flight level 100 but not exceeding flight level 250: Supply forDuration a Members of the flight crew 30 minutes or whenever the cabin pressure altitude exceeds 10000ft., 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 10000ft., whichever is the greater bb When the aircraft is not so capable, whenever the cabin pressure altitude is greater than 10000ft., but does not exceed 12000ft. 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 12000ft., the duration shall be the period when the cabin pressure altitude exceeds 12000ft. or 10 minutes, whichever is the greater When flying above flight level 250: Supply forDuration a Members of the flight crew 2 hours or whenever the cabin pressure altitude exceeds 10000ft., whichever is the greater b Cabin attendants Whenever the cabin pressure altitude exceeds 10000ft., and a portable supply for 15 minutes c 10% of passengers Whenever the cabin pressure altitude exceeds 10000ft. but does not exceed 12000ft. d 30% of passengers Whenever the cabin pressure altitude exceeds 12000ft. but does not exceed 15000ft. e All passengers If the cabin pressure altitude exceeds 15000ft., the duration shall be the period when the cabin pressure altitude exceeds 15000ft. or 10 minutes, whichever is the greater f 2% of passengers or 2 passengers, whichever 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 8000ft. 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 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: Provided that a flight may commence if the set is unserviceable or continue if the set becomes unserviceable thereafter: 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 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 A flight data recorder which is capable of recording, by reference to a time-scale, the following data: indicated airspeed; indicated altitude; vertical acceleration; magnetic heading; pitch attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded; engine power, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded; flap position; roll attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded: Provided that any aeroplane having a maximum total weight authorised not exceeding 11400kg. may be provided with: a flight data recorder capable of recording the data described in sub-paragraphs (a) to (h) of this Scale; or a 4 channel cockpit voice recorder. In addition, on all flights by turbine-powered aeroplanes having a maximum total weight authorised exceeding 11400kg., a 4 channel cockpit voice recorder. 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: Provided that 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 Authority.
  • Scale Q If the maximum total weight authorised of the aeroplane exceeds 5700kg. 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 R1 Equipment sufficient to protect the eyes, nose and mouth of the pilot in command of the aircraft from the effects of smoke and noxious gases for a period of not less than 15 minutes; Portable equipment sufficient to protect the eyes, nose and mouth of one other member of the crew of the aircraft from the effects of smoke and noxious gases for a period of not less than 8 minutes; and Equipment sufficient to protect from the effects of smoke and noxious gases the eyes of all members of the flight crew of the aircraft whose eyes are not adequately protected by other equipment.
  • Scale R2 In respect of aeroplanes having a maximum total weight authorised exceeding 5700kg., equipment sufficient to protect the eyes, nose and mouth of all members of the flight crew required to be carried by virtue of article 19 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 19 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. In respect of aeroplanes having a maximum total weight authorised not exceeding 5700kg., the equipment specified in (i)(a) of this Scale: Provided that 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 shall be sufficient to protect the eyes only. In respect of aeroplanes having a maximum total weight authorised exceeding 5700kg., portable equipment to protect they eyes, nose and mouth of all cabin attendants required to be carried by virtue of article 19 of this Order for a period of not less than 15 minutes. In respect of aeroplanes having a maximum total weight authorised not exceeding 5700kg., the equipment specified in (ii)(a) of this Scale: Provided that this requirement 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. 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 A flight recording system comprising: 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; 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) of this Scale together with use of VHF transmitters; 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; 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: the flight path, speed, attitude, engine power, outside air temperature, configuration of lift and drag devices, use of VHF transmitters and use of automatic flight control systems; 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: the flight path, speed, attitude, engine power, outside air temperature, configuration of lift and drag devices, use of VHF transmitters and use of automatic flight control systems; 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: the flight path, speed, attitude, engine power, outside air temperature, instrument landing system deviations, marker beacon passage, radio altitude, configuration of the landing gear and lift and drag devices, position of primary flying controls and pitch trim surfaces, use of automatic flight control systems, use of VHF transmitters, 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, cockpit warnings relating to engine fire, engine shut-down, cabin pressurisation, presence of smoke, essential AC electricity supply, hydraulic/pneumatic power supply, ground proximity and stalling; in respect of helicopters having a maximum total weight authorised exceeding 2730kg. or a seating capacity exceeding 9 passengers, a 4 channel cockpit voice recorder which has attached to it an under-water sonar location device. 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: Provided that 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 Authority.

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