The Air Navigation Order 1995

• (b) The holder of a flight navigator’s licence shall not be entitled to perform functions on a flight to which article 20(4) of this Order applies unless the licence bears a valid certificate of experience which certificate shall be appropriate to the functions he is to perform on that flight in accordance with Part C of Schedule 8 and shall otherwise comply with that Part.

• (6) A person shall not be entitled to perform the functions to which an instrument rating (aeroplanes), an instrument rating (helicopters), a flying instructor’s rating, an assistant flying instructor’s rating, or an instrument meteorological conditions rating (aeroplanes) relates unless his licence bears a valid certificate of test which certificate shall be appropriate to the functions to which the rating relates in accordance with Part C of the said Schedule and shall otherwise comply with that Part.

• (7) A person who, on the last occasion when he took a test for the purposes of paragraphs (5) or (6), failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it.

• (8)

• (a) The holder of a licence, other than a flight radiotelephony operator’s licence, granted under this article, shall not be entitled to perform any of the functions to which his licence relates unless it includes a valid medical certificate.

• (b) Every applicant for or holder of such a licence shall upon such occasions as the Authority may require submit himself to medical examination by a person approved by the Authority either generally or in a particular case or class of case who shall make a report to the Authority in such form as the Authority may require.

• (c) On the basis of such medical examination, the Authority or any person approved by it as competent to do so may issue a medical certificate subject to such conditions as it or he thinks fit to the effect that it or he has assessed the holder of the licence as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to paragraph (9), be valid for such period as is therein specified and shall be deemed to form part of the licence.

• (9)

• (a) A person shall not be entitled to act as a member of the flight crew of an aircraft registered in the United Kingdom if he knows or suspects that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.

• (b) Every holder of a medical certificate issued under article 21 or 22 of this Order who:

• (i) suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew;

• (ii) suffers any illness involving incapacity to undertake those functions throughout a period of 20 days or more; or

• (iii) in the case of a woman, has reason to believe that she is pregnant;

shall inform the Authority in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 20 days has elapsed in the case of illness. The medical certificate shall be deemed to be suspended upon the occurrence of such injury or the elapse of such period of illness or the confirmation of the pregnancy; and:

• (aa) in the case of injury or illness the suspension shall cease upon the holder being medically examined under arrangements made by the Authority and pronounced fit to resume his functions as a member of the flight crew or upon the Authority exempting, subject to such conditions as it thinks fit, the holder from the requirement of a medical examination; and

• (bb) in the case of pregnancy, the suspension may be lifted by the Authority for such period and subject to such conditions as it thinks fit and shall cease upon the holder being medically examined under arrangements made by the Authority after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.

• (10) Nothing in this Order shall prohibit the holder of a pilot’s licence from acting as pilot of an aircraft certificated for single pilot operation when, with the permission of the Authority, he is testing any person for the purposes of paragraphs (1), (3), (5) or (6), notwithstanding that the type of aircraft in which the test is conducted is not specified in the aircraft rating included in his licence or that the licence or personal flying log book, as the case may be, does not include a valid certificate of test or a valid certificate of experience in respect of the type of aircraft.

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

• (12) Without prejudice to any other provision of this Order the Authority may, for the purpose of this article, either absolutely or subject to such conditions as it thinks fit:

• (a) approve any course of training or instruction;

• (b) authorise a person to conduct such examinations or tests as it may specify; and

• (c) approve a person to provide any course of training or instruction.

Validation of Licences

23

• (1) Subject to paragraphs (2) and (6) the Authority may issue a certificate of validation rendering valid for the purposes of this Order any flight crew licence granted under the law of any country other than the United Kingdom. A certificate of validation may be issued subject to such conditions and for such periods as the Authority thinks fit.

• (2) Pursuant to Council Directive 91/670 EEC [^f00012] on mutual acceptance of personnel licences for the exercise of functions in civil aviation as it has effect in accordance with the EEA Agreement[^f00013] as amended by the Decision of the EEA Joint Committee No. 7/94 of 21st March 1994[^f00014], the Authority shall, subject to paragraphs (4) and (5), issue a certificate of validation rendering valid a relevant licence granted under the law of an EEA State.

• (3) For the purposes of this article, a relevant licence is one based on requirements equivalent to those for the equivalent licence granted by the Authority under article 22 of this Order.

• (4)

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

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

• (5) If after the examination of a licence the Authority has reasonable doubts as to the equivalence of that licence, the Authority may stipulate additional requirements and/or tests as necessary to enable the certificate of validation to be issued. Any such additional requirements and/or tests shall be notified as soon as reasonably practicable to the licence holder, the authority which issued the licence and to the Commission.

• (6) Pursuant to the said Council Directive, the Authority shall issue a certificate of validation rendering valid any licence issued in accordance with the requirements of annex 1 to the Chicago Convention if the bearer satisfies the special validation requirements laid down in the annex to the said Council Directive.

Personal flying log book

24

• (1) Every member of the flight crew of an aircraft registered in the United Kingdom and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under this Order shall keep a personal flying log book in which the following particulars shall be recorded:

• (a) the name and address of the holder of the log book;

• (b) particulars of the holder’s licence (if any) to act as a member of the flight crew of an aircraft; and

• (c) the name and address of his employer (if any).

• (2) Particulars of each flight during which the holder of the log book acted either as a member of the flight crew of an aircraft or for the purpose of qualifying for the grant or renewal of a licence under this Order, as the case may be, shall be recorded in the log book at the end of each flight or as soon thereafter as is reasonably practicable, including:

• (a) the date, the places at which the holder embarked on and disembarked from the aircraft and the time spent during the course of a flight when he was acting in either capacity;

• (b) the type and registration marks of the aircraft;

• (c) the capacity in which the holder acted in flight;

• (d) particulars of any special conditions under which the flight was conducted, including night flying and instrument flying; and

• (e) particulars of any test or examination undertaken whilst in flight.

• (3) For the purposes of this article, a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.

• (4) Particulars of any test or examination undertaken whilst in a flight simulator shall be recorded in the log book, including:

• (a) the date of the test or examination;

• (b) the type of simulator;

• (c) the capacity in which the holder acted; and

• (d) the nature of the test or examination.

Instruction in flying

25

• (1) A person shall not give any instruction in flying to which this article applies unless:

• (a) he holds a licence, granted or rendered valid under this Order, entitling him to act as pilot in command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and

• (b) his licence includes a flying instructor’s rating or an assistant flying instructor’s rating entitling the holder to give the instruction.

• (2) Subject to paragraph (3), this article applies to instruction in flying given to any person flying or about to fly a flying machine or glider for the purpose of becoming qualified for:

• (a) the grant of a pilot’s licence; and

• (b) the inclusion or variation of any rating in his licence.

• (3) This article shall not apply to any instruction in flying to a person for the purpose of becoming qualified for the inclusion in his licence of an aircraft rating entitling him to act as pilot of a multi-engined aircraft, or of an aircraft of any class appearing in column 4 of the Table in Part A of Schedule 1 to this Order if that person has previously been entitled under the Order, or qualified in any of Her Majesty’s naval, military or air forces, to act as pilot of multi-engined aircraft, or of an aircraft of that class as the case may be.

Glider pilot—minimum age

26

A person under the age of 16 years shall not act as pilot in command of a glider.

PART V — OPERATION OF AIRCRAFT

Operations manual

27

• (1)

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

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

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

• (b) This article shall not apply to an aircraft flying, or intended by the operator of the aircraft to fly solely under and in accordance with the terms of a police air operator’s certificate.

• (2)

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

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

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

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

• (b)

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

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

• (3)

• (a) An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Authority a copy of the whole of the operations manual for the time being in effect in respect of the aircraft.

• (b) Subject to sub-paragraph (c), any amendments or additions to the operations manual shall be furnished to the Authority by the operator before or immediately after they come into effect.

• (c) Where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Authority.

• (d) Without prejudice to the foregoing sub-paragraphs the operator shall make such amendments or additions to the operations manual as the Authority may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.

• (4) For the purposes of this article, article 50 of and Schedule 10 to this Order, “operating staff” means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions.

• (5) If in the course of a flight on which the equipment specified in Scale O in paragraph 5 of Schedule 4 hereto is required to be provided the said equipment becomes unserviceable, the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the operations manual.

Police operations manual

28

• (1) This article shall apply to aircraft flying, or intended by the operator of the aircraft to fly, under and in accordance with the terms of a police air operator’s certificate.

• (2) An aircraft to which this article applies shall not fly except under and in accordance with the terms of Part I and Part II of a police operations manual, Part I of which shall have been approved in respect of the aircraft by the Authority.

• (3)

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

• (i) make available to each member of its operating staff a police operations manual;

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

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

• (b) Each police operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such.

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

• (5)

• (a) An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Authority a copy of Part II of the police operations manual for the time being in effect in respect of the aircraft.

• (b) Subject to sub-paragraph (c), any amendments or additions to Part II of the police operations manual shall be furnished to the Authority by the operator before or immediately after they come into effect.

• (c) Where an amendment or addition relates to the operation of an aircraft to which the police operations manual did not previously relate, that aircraft shall not fly in the service of a police authority under and in accordance with the terms of a police operator’s certificate until the amendment or addition has been furnished to the Authority.

• (6) Without prejudice to the foregoing paragraphs the operator shall make such amendments or additions to the police operations manual as the Authority may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.

• (7) For the purposes of this article “operating staff” has the meaning ascribed to it in article 27(4) of this Order.

Training manual

29

• (1) Subject to paragraph (2), the operator of every aircraft registered in the United Kingdom and flying for the purpose of public transport shall:

• (a) make a training manual available to every person appointed by the operator to give or to supervise the training, experience, practice or periodical tests required under article 30(2) of this Order; and

• (b) ensure that each copy of that training manual is kept up to date.

• (2) This article shall not apply to aircraft flying, or intended by the operator of the aircraft to fly, solely under and in accordance with the terms of a police air operator’s certificate.

• (3) Each training manual shall contain all such information and instructions as may be necessary to enable a person appointed by the operator to give or to supervise the training, experience, practice and periodical tests required under article 30(2) of this Order to perform his duties as such including in particular information and instructions relating to the matters specified in Part C of Schedule 10 to this Order.

• (4)

• (a) An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight the operator of the aircraft has furnished to the Authority a copy of the whole of his training manual relating to the crew of that aircraft.

• (b) Subject to sub-paragraph (c), any amendments or additions to the training manual shall be furnished to the Authority by the operator before or immediately after they come into effect.

• (c) Where an amendment or addition relates to training, experience, practice or periodical tests on an aircraft to which the training manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Authority.

• (d) Without prejudice to the foregoing sub-paragraphs the operator shall make such amendments or additions to the training manual as the Authority may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.

Public transport—operator’s responsibilities

30

• (1) The operator of an aircraft registered in the United Kingdom shall not permit the aircraft to fly for the purpose of public transport without first:

• (a) designating from among the flight crew a pilot to be the commander of the aircraft for the flight;

• (b) satisfying himself by every reasonable means that the aeronautical radio stations and navigational aids serving the intended route or any planned diversion therefrom are adequate for the safe navigation of the aircraft; and

• (c) subject to paragraph (2), satisfying himself by every reasonable means that every place (whether or not an aerodrome) at which it is intended to take off or land and any alternate place (whether or not an aerodrome) at which a landing may be made are suitable for the purpose and in particular that they will be adequately manned and equipped at the time at which it is reasonably estimated such a take-off or landing will be made (including such manning and equipment as may be prescribed) to ensure so far as practicable the safety of the aircraft and its passengers.

• (2) Without prejudice to any conditions imposed pursuant to article 6 of this Order, the operator of an aircraft shall not be required for the purposes of this article to satisfy himself as to the adequacy of fire-fighting, search, rescue or other services which are required only after the occurrence of an accident.

• (3) The operator of an aircraft registered in the United Kingdom shall not permit any person to be a member of the crew thereof during any flight for the purpose of public transport (except a flight for the sole purpose of training persons to perform duties in aircraft) unless such person has had the training, experience, pratice and periodical tests specified in Part B of Schedule 10 to this Order in respect of the duties which he is to perform and unless the operator has satisfied himself that such person is competent to perform his duties, and in particular to use the equipment provided in the aircraft for that purpose. The operator shall maintain, preserve, produce and furnish information respecting records relating to the foregoing matters in accordance with Part B of the said Schedule 10.

• (4) The operator of an aircraft registered in the United Kingdom shall not permit any member of the flight crew thereof, during any flight for the purpose of the public transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.

Loading—public transport aircraft and suspended loads

31

• (1) The operator of an aircraft registered in the United Kingdom shall not cause or permit it to be loaded for a flight for the purpose of public transport, or any load to be suspended therefrom, except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that:

• (a) the load may safely be carried on the flight; and

• (b) any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft, are complied with.

• (2)

• (a) Subject to sub-paragraph (b), the instructions shall indicate the weight of the aircraft prepared for the service, that is to say the aggregate of the weight of the aircraft (shown in the weight schedule referred to in article 18 of this Order) and the weight of such additional items in or on the aircraft as the operator thinks fit to include; and the instructions shall indicate the additional items included in the weight of the aircraft prepared for service, and show the position of the centre of gravity of the aircraft at that weight.

• (b) Sub-paragraph (a) shall not apply in relation to a flight if:

• (i) the aircraft’s maximum total weight authorised does not exceed 1150 kg;

• (ii) the aircraft’s maximum total weight authorised does not exceed 2730 kg and the flight is intended not to exceed 60 minutes in duration and is either:

• (aa) a flight solely for training persons to perform duties in an aircraft; or

• (bb) a flight intended to begin and end at the same aerodrome; or

• (iii) the aircraft is a helicopter the maximum total weight authorised of which does not exceed 3000 kg, and the total seating capacity of which does not exceed five persons.

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

• (4)

• (a) Subject to sub-paragraph (b), the person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the prescribed requirements, and shall (unless he is himself the commander of the aircraft) submit the load sheet for examination by the commander of the aircraft who shall sign his name thereon.

• (b) The requirements of sub-paragraph (a) shall not apply if:

• (i) the load and the distributing and securing thereof upon the next intended flight to be unchanged from the previous flight and the commander of the aircraft makes and signs an endorsement to that effect upon the load sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended place of destination; or

• (ii) paragraph (2)(a) does not apply in relation to the flight.

• (5)

• (a) Subject to sub-paragraph (b), one copy of the load sheet shall be carried in the aircraft when article 66 of this Order so requires until the flights to which it relates have been completed and one copy of that load sheet and of the instructions referred to in this article shall be preserved by the operator until the expiration of a period of six months thereafter and shall not be carried in the aircraft.

• (b) In the case of an aeroplane of which the maximum total weight authorised does not exceed 2730 kg, or a helicopter, if it is not reasonably practicable for the copy of the load sheet to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a container approved by the Authority for that purpose.

• (6) The operator of an aircraft registered in the United Kingdom and flying for the purpose of the public transport of passengers shall not cause or permit baggage to be carried in the passenger compartment of the aircraft unless such baggage can be properly secured and, in the case of an aircraft capable of seating more than 30 passengers, such baggage (other than baggage carried in accordance with a permission issued pursuant to article 40(2)(d) of this Order) shall not exceed the capacity of the spaces in the passenger compartment approved by the Authority for the purpose of stowing baggage.

Public transport—operating conditions

32

• (1) An aircraft registered in the United Kingdom shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft unless such requirements as may be prescribed in respect of its weight and related performance and flight in specified meteorological conditions or at night are complied with.

• (2) The assessment of the ability of an aircraft to comply with paragraph (1) shall be based on the information as to its performance contained in the certificate of airworthiness relating to the aircraft. In the event of the information given therein being insufficient for that purpose such assessment shall be based on the best information available to the commander of the aircraft.

• (3) A flying machine registered in the United Kingdom when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aircraft:

• (a) if it has one engine only, in the event of the failure of that engine; or

• (b) if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness relating to the aircraft;

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

• (4) Without prejudice to the provisions of paragraph (3), an aeroplane in respect of which there is in force under this Order a certificate of airworthiness designating the aeroplane as being of performance group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore, unless the aeroplane has more than 2 power units. For the purposes of this paragraph, flying time shall be calculated at normal cruising speed with one power unit inoperative.

• (5)

• (a) Without prejudice to the provisions of paragraph (3) a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance group B (in this paragraph called “a group B helicopter”) shall not fly over water for the purpose of public transport so as to be more than 20 seconds flying time from a point from which it can make an autorotative descent to land suitable for an emergency landing (in this paragraph called “the specified circumstances”) unless it is equipped with apparatus approved by the Authority enabling it to land safely on water (in this paragraph called “the required apparatus”).

• (b) Without prejudice to paragraph (3) a group B helicopter equipped with the required apparatus, which is flying under and in accordance with the terms of an air operator’s certificate but not under and in accordance with the terms of a police air operator’s certificate, shall not fly in the specified circumstances on any flight for more than three minutes except with the permission in writing of the Authority and in accordance with any conditions subject to which that permission may have been granted.

• (c) Without prejudice to the provisions of paragraph (3) a group B helicopter equipped with the required apparatus which is flying under and in accordance with the terms of a police air operator’s certificate on which is carried any passenger who is not:

• (i) a police officer;

• (ii) an employee of a police authority;

• (iii) a medical attendant;

• (iv) the holder of a valid pilot’s licence who intends to act as a member of the flight crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate and who is being carried for the purpose of training or familiarisation; or

• (v) such other person being carried for purposes connected with police operations as may be permitted in writing by the Authority

shall not fly in the specified circumstances on any flight for more than 20 minutes.

• (d) Without prejudice to the provisions of paragraph (3) a group B helicopter equipped with the required apparatus which is flying under and in accordance with the terms of a police air operator’s certificate on which no passenger is carried other than a person who is:

• (i) a police officer;

• (ii) an employee of a police authority;

• (iii) a medical attendant;

• (iv) the holder of a valid pilot’s licence who intends to act as a member of the flight crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate and who is being carried for the purpose of training or familiarisation; or

• (v) such other person being carried for purposes connected with police operations as may be permitted in writing by the Authority;

shall not fly over water on any flight for more than 10 minutes so as to be more than 5 minutes from a point from which it can make an autorotative descent to land suitable for an emergency landing.

• (e) Without prejudice to the provision of paragraph (3) a group B helicopter shall not fly for the purpose of public transport over that part of the bed of the River Thames which lies between the following points:

Hammersmith Bridge	(51°29'16"N)
Hammersmith Bridge	(00°13'45"W)
Greenwich Reach	(51°29'03"N)
Greenwich Reach	(00°00'37"W)

between the ordinary high water marks on each of its banks unless it is equipped with the required apparatus.

• (f) For the purpose of this paragraph flying time shall be calculated on the assumption that a helicopter is flying in still air at the speed specified in the certificate of airworthiness in force in respect of the helicopter as the speed for compliance with regulations governing flights over water.

• (6)

• (a) Without prejudice to the provisions of paragraph (3), a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance group A2 (in this paragraph called “a group A2 helicopter”), which is flying under and in accordance with the terms of an air operator’s certificate but not under and in accordance with the terms of a police air operator’s certificate, shall not fly over water for the purpose of public transport for more than 15 minutes during any flight unless it is equipped with apparatus approved by the Authority enabling it to land safely on water (in this paragraph called “the required apparatus”).

• (b) Without prejudice to the provisions of paragraph (3) a group A2 helicopter not equipped with the required apparatus which is flying under and in accordance with the terms of a police air operator’s certificate on which any passenger is carried who is not:

• (i) a police officer;

• (ii) an employee of a police authority;

• (iii) a medical attendant;

• (iv) the holder of a valid pilot’s licence who intends to act as a member of the flight crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate and who is being carried for the purpose of training or familiarisation; or

• (v) such other person being carried for purposes connected with police operations as may be permitted in writing by the Authority;

shall not fly over any water on any flight for more than 15 minutes.

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

• (a) performance group A (Restricted) in the case of a helicopter designated as being of performance group A if:

• (i) the maximum total weight authorised of the helicopter is less than 5700 kg; and

• (ii) the total number of passengers carried on the helicopter does not exceed 15; or

• (b) performance group B if:

• (i) the maximum total weight authorised of the helicopter is less than 2730 kg; and

• (ii) the total number of passengers carried does not exceed 9.

Aircraft registered in the United Kingdom—aerodrome operating minima

33

• (1) This article shall apply to public transport aircraft registered in the United Kingdom.

• (2)

• (a) Subject to sub-paragraph (b), the operator of every aircraft to which this article applies shall establish and include in the operations manual or the police operations manual relating to the aircraft the particulars (in this sub-paragraph called “the said particulars”) of the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome.

• (b) In relation to any flight wherein:

• (i) neither an operations manual nor a police operations manual is required pursuant to article 27(2)(a) or 28(3)(a) respectively of this Order, or

• (ii) it is not practicable to include the said particulars in the operations manual or the police operations manual;

the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished in writing to the commander of the aircraft the said particulars calculated in accordance with the required data and instructions (as defined in sub-paragraph (c)(i)) and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months.

• (c)

• (i) The operator of every aircraft to which this article applies for which an operations manual or a police operations manual is required pursuant to article 27(2)(a) or 28(3)(a) respectively of this Order, shall include in that operations manual such data and instructions (in this article called “the required data and instructions”) as will enable the commander of the aircraft to calculate the aerodrome operating minima appropriate to aerodromes the use of which cannot reasonably have been foreseen by the operator prior to the commencement of the flight.

• (ii) The operator of every such aircraft to which this article applies for which neither an operations manual nor a police operations manual is required pursuant to article 27(2)(a) or 28(3)(a) respectively of this Order shall, prior to the commencement of the flight, cause to be furnished in writing to the commander of the aircraft the required data and instructions; and the operator shall cause a copy of the required data and instructions to be retained outside the aircraft for a minimum period of three months.

• (3) The aerodrome operating minima specified shall not, in respect of any aerodrome, be such as would permit a landing or take-off at that aerodrome by the aircraft in question at a time when the aerodrome operating minima declared in respect of that aerodrome for such aircraft by the competent authority would not permit a take-off or landing (as the case may be), unless that authority otherwise permits in writing.

• (4) In establishing aerodrome operating minima for the purposes of this article the operator of the aircraft shall take into account the following matters:

• (a) the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness;

• (b) the composition of its crew;

• (c) the physical characteristics of the relevant aerodrome and its surroundings;

• (d) the dimensions of the runways which may be selected for use; and

• (e) whether or not there are in use at the relevant aerodrome any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids;

and shall establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which can reasonably be expected.

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

• (a) the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minimum specified for take-off; or

• (b) according to the information available to the commander of the aircraft it would not be able without contravening paragraphs (6) or (7), to land at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.

• (6) An aircraft to which article 27 of this Order applies, when making a descent to an aerodrome, shall not descend from a height of 1000 ft or more above the aerodrome to a height less than 1000 ft above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

• (7) An aircraft to which this article applies, when making a descent to an aerodrome, shall not:

• (a) continue an approach to landing at any aerodrome by flying below the relevant specified decision height; or

• (b) descend below the relevant specified minimum descent height;

unless in either case from such height the specified visual reference for landing is established and is maintained.

• (8) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.

• (9) In this article “specified” in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or furnished in writing to the commander of the aircraft by the operator pursuant to sub-paragraphs (2)(b) or (2)(c)(ii).

Public transport aircraft not registered in the United Kingdom—aerodrome operating minima

34

• (1) A public transport aircraft registered in a country other than the United Kingdom shall not fly in or over the United Kingdom unless the operator thereof shall have furnished to the Authority such particulars as it may from time to time have required relating to the aerodrome operating minima specified by the operator in relation to aerodromes in the United Kingdom for the purpose of limiting their use by the aircraft for take-off or landing, including any instructions given by the operator in relation to such aerodrome operating minima. The aircraft shall not fly in or over the United Kingdom unless the operator shall have made such amendments or additions to the aerodrome operating minima so specified and any instructions so given as the Authority may require for the purpose of ensuring the safety of the aircraft or the safety, efficiency or regularity of air navigation.

• (2) The aircraft shall not take off or land at an aerodrome in the United Kingdom in contravention of the specified aerodrome operating minima or the specified instructions.

• (3) Without prejudice to the provisions of paragraph (2), a public transport aircraft registered in a country other than the United Kingdom, when making a descent to an aerodrome, shall not descend from a height of 1000 feet or more above the aerodrome to a height less than 1000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

• (4) Without prejudice to the provisions of paragraph (2), a public transport aircraft registered in a country other than the United Kingdom, when making a descent to an aerodrome, shall not:

• (a) continue an approach to landing at any aerodrome by flying below the relevant specified decision height; or

• (b) descend below the relevant specified minimum descent height:

unless in either case from such height the specified visual reference for landing is established and is maintained.

• (5) In this article “specified” in relation to an aircraft means specified by the operator in, or ascertainable by reference to, the particulars furnished by the operator to the Authority pursuant to paragraph (1).

Non-public transport aircraft—aerodrome operating minima

35

• (1) This article shall apply to any aircraft which is not a public transport aircraft.

• (2) An aircraft to which this article applies when making a descent at an aerodrome to a runway in respect of which there is a notified instrument approach procedure shall not descend from a height of 1000 feet or more above the aerodrome to a height less than 1000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.

• (3) An aircraft to which this article applies when making a descent to a runway in respect of which there is a notified instrument approach procedure shall not:

• (a) continue an approach to landing on such a runway by flying below the relevant specified decision height; or

• (b) descend below the relevant specified minimum descent height;

unless in either case from such height the specified visual reference for landing is established and is maintained.

• (4) In this article “specified” in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been notified in respect of the aerodrome or if the relevant minima have not been notified such minima as are ascertainable by reference to the notified method for calculating aerodrome operating minima.

Pilots to remain at controls

36

• (1) The commander of an aircraft registered in the United Kingdom, being a flying machine or glider, shall cause one pilot to remain at the controls at all times while the aircraft is in flight. If the aircraft is required by or under this Order to carry two pilots, the commander shall cause both pilots to remain at the controls during take-off and landing. If the aircraft carries two or more pilots (whether or not it is required to do so) and is engaged on a flight for the purpose of the public transport of passengers the commander shall remain at the controls during take-off and landing.

• (2) Each pilot at the controls shall be secured in his seat by either a safety belt with or without one diagonal shoulder strap, or a safety harness except that during take-off and landing a safety harness shall be worn if it is required by article 14 of this Order to be provided.

Wearing of survival suits by crew

37

• (1) Subject to sub-paragraph (2), each member of the crew of an aircraft registered in the United Kingdom shall wear a survival suit if such a suit is required by article 14 of this Order to be carried.

• (2) This article shall not apply to any member of the crew of such an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

Pre-flight action by commander of aircraft

38

The commander of an aircraft registered in the United Kingdom shall reasonably satisfy himself before the aircraft takes off:

• (a) that the flight can safely be made, taking into account the latest information available as to the route and aerodrome to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

• (b)

• (i) that the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is carried and is in a fit condition for use; or

• (ii) that the flight may commence under and in accordance with the terms of a permission granted to the operator pursuant to article 16 of this Order;

• (c) that the aircraft is in every way fit for the intended flight, and that where a certificate of maintenance review is required by article 10(1) of this Order to be in force, it is in force and will not cease to be in force during the intended flight;

• (d) that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight;

• (e) in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies, and, in the case of a flight for the purpose of public transport, that the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;

• (f) in the case of an airship or balloon, that sufficient ballast is carried for the intended flight;

• (g) in the case of a flying machine, that having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination; and

• (h) that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft.

Passenger briefing by commander

39

• (1) Subject to paragraph (2), the commander of an aircraft registered in the United Kingdom shall take all reasonable steps to ensure:

• (a) before the aircraft takes off on any flight, that all passengers are made familiar with the position and method of use of emergency exits, safety belts (with diagonal shoulder strap where required to be carried), safety harnesses and (where required to be carried) oxygen equipment, lifejackets and the floor path lighting system and all other devices required by or under this Order and intended for use by passengers individually in the case of an emergency occurring to the aircraft; and

• (b) that in an emergency during a flight, all passengers are instructed in the emergency action which they should take.

• (2) This article shall not apply to the commander of an aircraft registered in the United Kingdom in relation to a flight under and in accordance with the terms of a police air operator’s certificate.

Public transport of passengers—additional duties of commander

40

• (1) This article applies to flights for the purpose of the public transport of passengers by aircraft registered in the United Kingdom other than flights under and in accordance with the terms of a police air operator’s certificate.

• (2) In relation to every flight to which this article applies the commander of the aircraft shall:

• (a)

• (i) Subject to sub-paragraph (iii), if the aircraft is not a seaplane but is intended in the course of the flight to reach a point more than 30 minutes flying time (while 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) from the nearest land, take all reasonable steps to ensure that before take-off, all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers;

• (ii) Subject to sub-paragraph (iii), if the aircraft is not a seaplane but is required by article 20(7) of this Order to carry cabin attendants, take all reasonable steps to ensure that, before the aircraft takes off on a flight:

• (aa) which is intended to proceed beyond gliding distance from land; or

• (bb) 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 aircraft would be forced to land onto water;

all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers;

• (iii) Where the only requirement to give such a demonstration arises because it is reasonably possible that the aircraft would be forced to land onto water at one or more of the likely alternative destinations the demonstration need not be given until after the decision has been taken to divert to such a destination;

• (b) if the aircraft is a seaplane, take all reasonable steps to ensure that before the aircraft takes off all passengers are given a demonstration of the method of use of the equipment referred to in the preceding sub-paragraph;

• (c) before the aircraft takes off, and before it lands, take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and that any persons carried in compliance with article 20(7) of this Order are properly secured in seats which shall be in a passenger compartment and which shall be so situated that those persons can readily assist passengers;

• (d) from the moment when, after the embarkation of its passengers for the purpose of taking off, it first moves until after it has taken off, and before it lands until it comes to rest for the purpose of the disembarkation of its passengers, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary:

• (i) take all reasonable steps to ensure that all passengers of 2 years of age or more are properly secured in their seats by safety belts (with diagonal shoulder strap, where required to be carried) or safety harnesses and that all passengers under the age of 2 years are properly secured by means of a child restraint device; and

• (ii) take all reasonable steps to ensure that those items of baggage in the passenger compartment which he reasonably considers ought by virtue of their size, weight or nature to be properly secured are properly secured and, in the case of an aircraft capable of seating more than 30 passengers, that such baggage is either stowed in the passenger compartment stowage space approved by the Authority for the purpose or carried in accordance with the terms of a written permission granted by the Authority which permission may be granted subject to such conditions as the Authority thinks fit;

• (e) in the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1st January 1989 except in a case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that:

• (i) before the aircraft reaches flight level 100 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 14 of this Order is demonstrated to all passengers;

• (ii) when flying above flight level 120 all passengers and cabin attendants are recommended to use oxygen; and

• (iii) during any period when the aircraft is flying above flight level 100 oxygen is used by all the flight crew of the aircraft;

• (f) in the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) prior to 1st January 1989, except in the case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that:

• (i)

• (aa) before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 14 of this Order is demonstrated to all passengers;

• (bb) when flying above level 130 all passengers and cabin attendants are recommended to use oxygen; and

• (cc) during any period when the aircraft is flying above flight level 100 oxygen is used by all the flight crew of the aircraft; or

• (ii) he complies instead with the provisions of sub-paragraph (e).

Operation of radio in aircraft

41

• (1) The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under that law.

• (2)

• (a) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communications appartus, subject to sub-paragraph (b), a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft.

• (b)

• (i) The radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits.

• (ii) The watch may be kept by a device installed in the aircraft if:

• (aa) the appropriate aeronautical radio station has been informed to that effect and has raised no objection;

• (bb) that station is notified, or in the case of a station situated in a country other than the United Kingdom, otherwise desiganted as transmitting a signal suitable for that purpose.

• (3) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he may be instructed by the appropriate air traffic control unit or as may be notified in relation to any notified air space in which the aircraft is flying.

• (4) The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows:

• (a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;

• (b) distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;

• (c) messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; and

• (d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1).

• (5)

• (a) In every aircraft registered in the United Kingdom which is equipped with radio communications apparatus, subject to sub-paragraph (b) a telecommunication log book shall be kept in which the following entries shall be made:

• (i) the identification of the aircraft radio station;

• (ii) the date and time of the beginning and end of every radio watch maintained in the aircraft and of the frequency on which it was maintained;

• (iii) the date and time, and particulars of all messages and signals sent or received, including in particular details of any distress signals or distress messages sent or received;

• (iv) particulars of any action taken upon the receipt of a distress signal or distress message; and

• (v) particulars of any failure or interruption of radio communications and the cause thereof.

• (b) A telecommunication log book shall not be required to be kept in respect of communication by radiotelephone with a radio station on land or on a ship which provides a radio service for aircraft.

• (6) The flight radio operator maintaining radio watch shall sign the entries in the telecommunication log book indicating the times at which he began and ended the maintenance of such watch.

• (7) The telecommuincation log book shall be preserved by the operator of the aircraft until a date six months after the date of the last entry therein.

• (8) In any flying machine registered in the United Kingdom which is engaged on a flight for the purpose of public transport the pilot and the flight engineer (if any) shall not make use of a hand-held microphone (whether for the purpose of radio communication or of intercommunication within the aircraft) whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing.

Minimum navigation performance

42

• (1) An aircraft registered in the United Kingdom shall not fly in airspace prescribed for the purposes of this article unless:

• (a) it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation perfomance capability;

• (b) the navigation systems required by paragraph (a) hereof are approved by the Authority and installed and maintained in a manner approved by the Authority;

• (c) the operating procedures for the navigation systems required by paragraph (a) hereof are approved by the Authority; and

• (d) the equipment is operated in accordance with the approved procedures while the aircraft is flying in the said airspace.

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

Area navigation equipment—aircraft registered in the United kingdom

43

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

• (a) it is equipped with area navigation equipment which is approved by the Authority in relation to the purpose for which it is to be used, and which is installed and maintained in a manner approved by the Authority; and

• (b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.

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

• (a) the said equipment is approved by the Authority in relation to the purpose for which it is to be used, and is installed and maintained in a manner approved by the Authority; and

• (b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.

• (3) For the purposes of this article, an approval shall be in writing and may be subject to such conditions as the Authority thinks fit. Such an approval may be granted in respect of any aircraft or specified class or category of aircraft or in respect of a specified type or types of equipment.

Area navigation equipment—aircraft not registered in the United Kingdom

44

• (1) An aircraft which is not registered in the United Kingdom shall not fly in controlled airspace notified for the purposes of paragraph (1) of article 43 unless:

• (a) it is so equipped with area navigation equipment as to comply with the law of the country in which the aircraft is registered in so far as that law requires it to be equipped when flying within any specified areas; and

• (b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.

• (2) An aircraft which is not registered in the United Kingdom shall not, when flying in controlled airspace notified for the purposes of paragraph (2) of article 43, be navigated by means of area navigation equipment unless:

• (a) the said equipment complies with the law of the country in which the aircraft is registered in so far as that law requires it to be so equipped when flying within any specified areas; and

• (b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.

Use of flight recording systems and preservation of records

45

• (1) On any flight on which a flight data recorder or a cockpit voice recorder or a combined cockpit voice recorder/flight data recorder is required by sub-paragraph 4(4), (5), (6) or (7) of Schedule 4 to this Order to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of the landing run.

• (2) The operator of the aeroplane shall at all times, subject to the provisions of article 70 of this Order, preserve:

• (a) the last 25 hours of recording made by any flight data recorder required by or under this Order to be carried in an aeroplane; and

• (b) a record of not less than one representative flight, that is to say, a recording of a flight made within the last 12 months which includes a take-off, climb, cruise, descent, approach to landing and landing, together with a means of identifying the record with the flight to which it relates;

and shall preserve such records for such period as the Authority may in a particular case direct.

• (3) On any flight on which a cockpit voice recorder or a flight data recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 4(14) of Schedule 4 to this Order to be carried in a helicopter, it shall always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped.

• (4) The operator of the helicopter shall at all times, subject to article 70 of this Order, preserve:

• (a) the last 8 hours of recording made by any flight data recorder specified at sub-paragraph (i) or (ii) of Scale SS of paragraph 5 of Schedule 4 to this Order and required by or under this Order to be carried in the helicopter;

• (b) in the case of a combined cockpit voice recorder/flight data recorder specified at sub-paragraph (iii) of the said Scale SS and required by or under this Order to be carried in a helicopter either:

• (i) the last 8 hours of recording; or

• (ii) the last 5 hours of recording or the duration of the last flight, whichever is the greater, together with an additional period of recording for either:

• (aa) the period immediately preceding the last five hours of recording or the duration of the last flight, whichever is the greater; or

• (bb) such period or periods as the Authority may permit in any particular case or class of cases or generally.

• (5) The additional recording retained pursuant to sub-paragraphs (b)(ii)(aa) and (bb) above shall, together with the recording required to be retained pursuant to sub-paragraph (b)(ii) above, total a period of 8 hours and shall be retained in accordance with arrangements approved by the Authority.

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

Towing of gliders

46

• (1) An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which that aircraft is registered includes an express provision that it may be used for that purpose.

• (2) The length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 metres.

• (3) The commander of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off:

• (a) that the tow rope is in good condition and is of adequate strength for the purpose, and that the combination of towing aircraft and glider, having regard to its performance in the conditions to be expected on the intended flight and to any obstructions at the place of departure and on the intended route, is capable of safely taking off, reaching and maintaining a safe height at which to separate the combination and that thereafter the towing aircraft can make a safe landing at the place of intended destination;

• (b) that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; and

• (c) that emergency signals have been agreed between the commander of the towing aircraft and the commander of the glider, to be used, respectively, by the commander of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the commander of the glider to indicate that the tow cannot be released.

• (4) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.

Towing, picking up and raising of persons and articles

47

• (1) Subject to the provisions of this article, an aircraft in flight shall not, by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose.

• (2) An aircraft shall not launch or pick up tow ropes, banners or similar articles other than at an aerodrome.

• (3) An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than one nautical mile.

• (4) The length of the combination of towing aircraft, tow rope, and article in tow, shall not exceed 150 metres.

• (5) A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when any article, person or animal is suspended from the helicopter.

• (6) A passenger shall not be carried in a helicopter at any time when an article, person or animal is suspended therefrom, other than a passenger who has duties to perform in connection with the article, person or animal or a passenger who has been picked up or raised by means external to the helicopter or a passenger who it is intended shall be lowered to the surface by such means.

• (7) Nothing in this article shall:

• (a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purposes, or any signal, apparatus or article required or permitted by or under this Order to be towed or displayed by an aircraft in flight;

• (b) prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life;

• (c) apply to any aircraft while it is flying in accordance with the “B Conditions” set forth in Schedule 2 to this Order; or

• (d) be taken to permit the towing or picking up of a glider otherwise than in accordance with article 46 of this Order.

Dropping of articles and animals

48

• (1) Articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.

• (2) Subject to paragraph (3), except under and in accordance with the terms of an aerial application certificate granted under article 50 of this Order, articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft flying over the United Kingdom.

• (3) Paragraph (2) shall not apply to the dropping of articles by, or with the authority of, the commander of the aircraft in any of the following circumstances:

• (a) the dropping of articles for the purpose of saving life;

• (b) the jettisoning, in case of emergency, of fuel or other articles in the aircraft;

• (c) the dropping of ballast in the form of fine sand or water;

• (d) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of this Order.

• (e) the dropping at an aerodrome of tow ropes, banners, or similar articles towed by aircraft;