The Hovercraft (Fees) Regulations 1992

Made: 18th June 1992

Coming into force: 16th July 1992

The Secretary of State for Transport, in exercise of powers conferred on him by article 35 of the Hovercraft (General) Order 1972[^f00001] and of all other powers enabling him in that behalf, and with the approval of the Treasury, hereby makes the following Regulations:

Citation and Commencement

1

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

Interpretation and Revocation

2

• (1) In these Regulations, unless the context otherwise requires—

• “CAA”means the Civil Aviation Authority;

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

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

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

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

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

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

• (2) The Hovercraft (Fees) Regulations 1989[^f00002] are hereby revoked.

3

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

4

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

THE SCHEDULE

PART I — FEES PAYABLE TO THE CIVIL AVIATION AUTHORITY

General

1

• (1) This Part of the Schedule applies to fees payable to the CAA.

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

Experimental Certificate

2

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

Type Certificates for types of hovercraft

3

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

Type Certificates for items

4

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

Safety Certificates (Issue)

5

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

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

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

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

Safety Certificates (Renewal)

6

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

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

Variation of Safety Certificates

7

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

Approval of Persons

8

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

A: HOVERCRAFT (EXCLUDING HOVERPLATFORMS)

B: ENGINES, PROPELLERS, PROPULSION UNITS AND FANS

C: OTHER ITEMS

Maintenance

9

• (1) Provided that such fee in no case exceed £400 per visit.

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

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

Provided that—

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

• (ii) such fee shall in no case exceed £400 per visit.

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

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

PART II — FEES PAYABLE TO THE SECRETARY OF STATE

General

Certificate of registration

Operating Permits

Certificates of Qualification

Exemptions

Additional Charges

Determination of Fees

Signed

Signed by authority of the Secretary of State for Transport

Caithness — Minister of State, — Department of Transport — 9th June 1992

We approve the making of these Regulations.

Gregory Knight — Tim Wood — Two of the Lords Commissioners of Her Majesty’s Treasury — 18th June 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke the Hovercraft (Fees) Regulations 1989.

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

Footnotes

[^f00001]: S.I. 1972/674, to which there is an amendment not relevant to these Regulations.

[^f00002]: S.I. 1989/1613.

[^f00003]: S.I. 1985/1643, to which there are amendments not relevant to these Regulations.