Legalize / United Kingdom / Statutory-Instrument

The Air Navigation Order 1995

Type Statutory-Instrument

Publication 1995-04-11

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(f) the dropping of articles for the purposes of public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Authority and in accordance with any conditions subject to which that permission may have been given; or

(g) the dropping of wind drift indicators for the purpose of enabling parachute descents to be made if the wind drift indicators are dropped with the permission of the Authority and in accordance with any conditions subject to which that permission may have been given.

(4) For the purposes of this article dropping includes projecting and lowering.

(5) Nothing in this article shall prohibit the lowering of any article or animal from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.

Dropping of persons

49

(1) A person shall not drop, be dropped or permitted to drop to the surface or jump from an aircraft flying over the United Kingdom except under and in accordance with the terms of either a police air operator’s certificate or a written permission granted by the Authority under this article.

(2) For the purposes of this article dropping includes projecting and lowering.

(3) Notwithstanding the grant of a police air operator’s certificate or a permission under paragraph (1), a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.

(4) An aircraft shall not be used for the purpose of dropping persons unless:

(a) 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 and the aircraft is operated in accordance with a written permission granted by the Authority under this article; or

(b) the aircraft is operated under and in accordance with the terms of a police air operator’s certificate.

(5) Every applicant for and every holder of a permission shall make available to the Authority if requested to do so a parachuting manual and shall make such amendments or additions to such manual as the Authority may require. The holder of a permission shall make available to every employee or person who is or may engage in parachuting activities conducted by him the manual which shall contain all such information and instructions as may be necessary to enable such employees or persons to perform their duties.

(6) Nothing in this article shall apply to the descent of persons by parachute from an aircraft in an emergency.

(7) Nothing in this article shall prohibit the lowering of any person in an emergency or for the purpose of saving life.

(8) Nothing in this article shall prohibit the lowering of any person from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.

Issue of aerial application certificates

50

(1) An aircraft shall not be used for the dropping of articles for the purposes of agriculture, horticulture or forestry or for training for the dropping of articles for any of such purposes, otherwise than under and in accordance with the terms of an aerial application certificate granted to the operator of the aircraft under paragraph (2).

(2) The Authority shall grant to any person applying therefor an aerial application certificate if it is satisfied that that person is a fit person to hold the certificate and is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing and other arrangements, to secure the safe operation of the aircraft specified in the certificate on flights for the purposes specified in paragraph (1). The certificate may be granted subject to such conditions as the Authority thinks fit including without prejudice to the generality of the foregoing, conditions for ensuring that the aircraft and any article dropped from it do not endanger persons or property in the aircraft or elsewhere, and shall, subject to the provisions of article 71 of this Order, remain in force for the period specified in the certificate.

(3) Every applicant for and holder of an aerial application certicate shall make available to the Authority upon application and to every member of his operating staff upon the certificate being granted, an aerial application manual which shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such. The holder of a certificate shall make such amendments of or additions to the manual as the Authority may require.

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

Carriage of weapons and of munitions of war

51

(1) An aircraft shall not carry any munition of war unless:

(a) such munition of war is carried with the written permission of the Authority and in accordance with any conditions relating thereto;

(b) subject to sub-paragraph (c), the commander of the aircraft is informed in writing by the operator before the flight commences of the type, weight or quantity and location of any such munition of war on board or suspended beneath the aircraft and any conditions of the permission of the Authority; and

(c) in the case of an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate the commander of the aircraft is informed of the matters referred to in sub-paragraph (b) but he need not be so informed in writing.

(a) Notwithstanding paragraph (1) it shall, subject to sub-paragraph (b), be unlawful for an aircraft to carry any weapon or munition of war in any compartment or apparatus to which passengers have access.

(b) Sub-paragraph (a) shall not apply to an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate.

(a) Subject to sub-paragraph (b), it shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any weapon or munition of war unless:

(i) the weapon or munition of war:

(aa) is either part of the baggage of a passenger on the aircraft or consigned as cargo to be carried thereby;

(bb) is carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers; and

(cc) in the case of a firearm, is unloaded;

(ii) particulars of the weapon or munition of war have been furnished by that passenger or by the consignor to the operator before the flight commences; and

(iii) without prejudice to paragraph (1) the operator consents to the carriage of such weapon or munition of war by the aircraft.

(b) Sub-paragraph (a) shall not apply to or in relation to an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate.

(4) Nothing in this article shall apply to any weapon or munition of war taken or carried on board an aircraft registered in a country other than the United Kingdom, if the weapon or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

(5) For the purposes of this article a “munition of war” means any weapon, ammunition or article containing an explosive or any noxious liquid, gas or other thing which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article.

Carriage of dangerous goods

52

(1) Without prejuduce to any other provisions of this Order, the Secretary of State may make regulations prescribing:

(a) the classification of certain articles and substances as dangerous goods;

(b) the categories of dangerous goods which an aircraft may not carry;

(d) the manner in which dangerous goods must be packed, marked, labelled and consigned before being loaded on, suspended beneath or carried by an aircraft;

(e) any other provisions for securing the safety of aircraft and any apparatus attached thereto, and the safety of persons and property on the surface in relation to the loading on, suspension beneath or carriage by an aircraft of dangerous goods;

(f) the persons to whom information about the carriage of dangerous goods must be provided;

(g) the documents which must be produced to the Authority or an authorised person on request; and

(h) the powers to be conferred on an authorised person relating to the enforcement of the regulations made hereunder.

(2) It shall be an offence to contravene or permit the contravention of or fail to comply with any regulations made hereunder.

(3) The provisions of this article and of any regulations made thereunder shall be additional to and not in derogation from the provisions of article 51 of this Order.

Method of carriage of persons

53

(1) Subject to paragraphs (2) and (3), a person shall not be in or on any part of an aircraft in flight which is not a part designed for the accommodation of persons and in particular a person shall not be on the wings or undercarriage of an aircraft. A person shall not be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight.

(2) A person may have temporary access to:

(i) any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods therein; and

(ii) any part of an aircraft in which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aircraft is in flight.

(3) This article shall not apply to a passenger in a helicopter flying under and in accordance with a police air operator’s certificate who is disembarking in accordance with a procedure contained in the police operations manual for the helicopter.

Exits and break-in markings

54

(1) Subject to paragraph (5)(b), this article shall apply to every public transport aircraft registered in the United Kingdom.

(a) Whenever an aircraft to which this article applies is carrying passengers, every exit therefrom and every internal door in the aircraft shall be in working order, and, subject to sub-paragraph (b), during take-off and landing and during any emergency, every such exit and door shall be kept free from obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers.

(b) An exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Authority either generally or in relation to a class of aircraft or a particular aircraft, is not required for used by passengers.

(ii) A door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the commander of the aircraft so determines, for the purpose of preventing access by passengers to the flight crew compartment.

(iii) Nothing in this paragraph shall apply to any internal door which is so placed that it cannot prevent, hinder or delay the exit of passengers from the aircraft in an emergency if it is not in working order.

(3) Every exit from the aircraft shall be marked with the words “Exit” or “Emergency Exit” in capital letters.

(a) Every exit from the aircraft shall be marked with instructions in English and with diagrams, to indicate the correct method of opening the exit.

(b) The markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it is openable from the outside of the aircraft, on or near the exterior surface.

(i) Every aircraft to which this article applies, being an aircraft of which the maximum total weight authorised exceeds 3600 kilogrammes shall be marked upon the exterior surface of its fuselage with markings to show the areas (in this paragraph referred to as “break-in areas”) which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.

(ii) The break-in areas shall be rectangular in shape and shall be marked by right-angled corner markings, each arm of which shall be 10 centimetres in length along its outer edge and 2.5 centimetres in width.

(iii) The words “Cut Here in Emergency” shall be marked across the centre of each break-in area in capital letters.

(b) This paragraph shall not apply to helicopters.

(6) On every flight by an aircraft to which this article applies, being an aircraft of which the maximum total weight authorised exceeds 5700 kilogrammes every exit from such an aircraft intended to be used by passengers in an emergency shall be marked upon the exterior of the aircraft by a band not less than 5 centimetres in width outlining the exit.

(7) The markings required by this article shall:

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

(b) except in the case of the markings required by paragraph (6), be red in colour, and in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white or some other contrasting colour in such a manner as to render them readily visible;

(c) in the case of the markings required by paragraph (6), be of a colour clearly contrasting with the background on which it appears; and

(d) be kept at all times clean and unobscured.

(a) Subject to compliance with sub-paragraph (b), if one, but not more than one, exit from an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this article shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced.

(b) On any flight pursuant to this paragraph:

(i) the number of passengers carried and the position of the seats which they occupy is in accordance with arrangements approved by the Authority either in relation to the particular aircraft or to a class of aircraft; and

(ii) in accordance with arrangements so approved, the exit is fastened by locking or otherwise, the words “Exit” or “Emergency Exit” are covered, and the exit is marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the words “No Exit” in red letters.

Endangering safety of an aircraft

55

A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein.

Endangering safety of any person or property

56

A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property.

Drunkenness in aircraft

57

(1) A person shall not enter any aircraft when drunk, or be drunk in any aircraft.

(2) A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act.

Smoking in aircraft

58

(1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in the United Kingdom so as to be visible from each passenger seat therein.

(2) A person shall not smoke in any compartment of an aircraft registered in the United Kingdom at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.

Authority of commander of aircraft

59

Every person in an aircraft registered in the United Kingdom shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

Stowaways

60

A person shall not secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander thereof or of any other person entitled to give consent to his being carried in the aircraft.

Exhibitions of flying

61

(a) Subject to sub-paragraph (b), no person shall act as the organiser of an exhibition of flying (in this article referred to as “the exhibition organiser”) at an organised event which event the exhibition organiser reasonably believes is likely to be attended by more than 500 persons and which event consists wholly or partly of an exhibition of flying unless at the time at which such an exhibition of flying commences the exhibition organiser has obtained the permission in writing of the Authority under paragraph (4) for that exhibition of flying and complies with any conditions therein specified.

(b) The permission in writing of the Authority under paragraph (4) shall not be required for an exhibition of flying at an organised event if the exhibition organiser could not reasonably foresee seven days before the intended date of the event that it would be likely to be attended by more than 500 persons.

(a) The commander of an aircraft intending to participate in an exhibition of flying for which a permission is required by virtue of paragraph (1) shall take all reasonable steps to satisfy himself before he participates that:

(i) the exhibition organiser has been granted such permission;

(ii) the flight can comply with any relevant conditions subject to which that permission may have been granted; and

(iii) the pilot has been granted a display authorisation appropriate to the intended flight.

(b) The commander of an aircraft participating in an exhibition of flying for which a permission required by virtue of paragraph (1) has been granted shall comply with any conditions subject to which that permission may have been granted.

(c) No person shall act as pilot of an aircraft participating in an exhibition of flying for which a permission is required by virtue of paragrpah (1) unless he holds a display authorisation appropriate to the intended flight granted to him by the Authority and he complies with any conditions thereof.

(3) The exhibition organiser shall not permit any person to act as pilot of an aircraft which participates in an exhibition of flying for which a permission is required by virtue of paragraph (1) unless such person holds a display authorisation appropriate to the intended flight granted by the Authority.

(4) The Authority shall grant to any person applying therefor a permission required by virtue of paragraph (1) if it is satisfied that that person is a fit and competent person, having regard in particular to his previous conduct and experience, his organisation, staffing and other arrangements, to safely organise the proposed exhibition of flying. The permission may be granted subject to such conditions, which may include conditions in respect of military aircraft, as the Authority thinks fit and shall, subject to the provisions of article 71 of this Order, remain in force for the period specified in the permission.

(5) The Authority shall, for the purposes of this article, either unconditionally or subject to such conditions as it thinks fit:

(a) grant a display authorisation authorising the holder to act as pilot of an aircraft taking part in an exhibition of flying in respect of which a permission is required by virtue of paragraph (1) upon it being satisfied that the applicant is a fit person to hold the authorisation and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to fly in accordance therewith and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Authority may require of him; and

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

(6) A display authorisation granted in accordance with this article shall, subject to the provisions of article 71 of this Order, remain in force for the period indicated in the display authorisation.

(7) Paragraph (1) shall not apply to an exhibition organiser at an organised event which takes place at an aerodrome in the occupation of the Ministry of Defence or of any visiting force or any other premises in the occupation or under the control of the Ministry of Defence.

(8) The exhibition organiser shall not permit any military aircraft to participate in an exhibition of flying for which a permission is required by virtue of paragraph (1) above unless he complies with any conditions specified in respect of military aircraft subject to which such permission may have been granted.

(9) Nothing in this article shall apply to an aircraft race or contest or to an aircraft taking part in such a race or contest or to the commander or pilot thereof whether or not such race or contest is held in association with an exhibition of flying.

PART VI — FATIGUE OF CREW

Application and interpretation of Part VI

62

(a) Subject to sub-paragraph (b), articles 63 and 64 of this Order apply in relation to any aircraft registered in the United Kingdom which is either:

(a) engaged on a flight for the purpose of public transport; or

(b) operated by an air transport undertaking.

(b) Articles 63 and 64 of this Order shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or flying school, or a person who is not an air transport undertaking.

(2) In this Part of this Order, the following expressions shall, except where the context otherwise requires, have the meanings hereby respectively assigned to them, that is to say:

(a) “flight time”, in relation to any person, means all time spent by that person in an aircraft whether or not registered in the United Kingdom (other than an aircraft of which the maximum total weight authorised does not exceed 1600 kg and which is not flying for the purpose of public transport or aerial work) while it is in flight and he is carried therein as a member of the crew thereof;

(b) “day” means a continuous period of 24 hours beginning at midnight Coordinated Universal Time.

(3) For the purposes of this Part of this Order, 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.

Fatigue of crew—operator’s responsibilities

63

(1) The operator of an aircraft to which this article applies shall not cause or permit that aircraft to make a flight unless:

(a) he has established a scheme for the regulation of flight times for every person flying in that aircraft as a member of its crew;

(b) the scheme is approved by the Authority subject to such conditions as it thinks fit;

(i) the scheme is incorporated in the operations manual required by article 27 of this Order; or

(ii) in any case where an operations manual is not required by that article, the scheme is incorporated in a document, a copy of which has been made available to every person flying in that aircraft as a member of its crew; and

(d) he has taken all such steps as are reasonably practicable to ensure that the provisions of the scheme will be complied with in relation to every person flying in that aircraft as a member of its crew.

(2) The operator of an aircraft to which this article applies shall not cause or permit any person to fly therein as a member of its crew if he knows or has reason to believe that the person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue while he is so flying as may endanger the safety of the aircraft or of its occupants.

(3) The operator of an aircraft to which this article applies shall not cause or permit any person to fly therein as a member of its flight crew unless the operator has in his possession an accurate and up-to-date record in respect of that person and in respect of the 28 days immediately preceding the flight showing:

(a) all his flight times; and

(b) brief particulars of the nature of the functions performed by him in the course of his flight times.

(4) The record referred to in paragraph (3) shall, subject to the provisions of article 70, be preserved by the operator of the aircraft until a date 12 months after the flight referred to in that paragraph.

Fatigue of crew—responsibilities of crew

64

(1) A person shall not act as a member of the crew of an aircraft to which this article applies if he knows or suspects that he is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants.

(2) A person shall not act as a member of the flight crew of an aircraft to which this article applies unless he has ensured that the operator of the aircraft is aware of his flight times during the period of 28 days preceding the flight.

Flight times—responsibilities of flight crew

65

(1) Subject to paragraph (2), a person shall not act as a member of the flight crew of an aircraft registered in the United Kingdom if at the beginning of the flight the aggregate of all his previous flight times:

(a) during the period of 28 consecutive days expiring at the end of the day on which the flight begins exceeds 100 hours; or

(b) during the period of twelve months expiring at the end of the previous month exceeds 900 hours.

(2) This article shall not apply to a flight made:

(a) in an aircraft of which the maximum total weight authorised does not exceed 1600 kg and which is not flying for the purpose of public transport or aerial work; or

(b) in an aircraft not flying for the purpose of public transport nor operated by an air transport undertaking, if at the time when the flight begins the aggregate of all the flight times of the aforesaid person since he was last medically examined and found fit by a person approved by the Authority for the purpose of article 22(8) does not exceed 25 hours.

PART VII — DOCUMENTS AND RECORDS

Documents to be carried

66

(1) An aircraft shall not fly unless it carries the documents which it is required to carry under the law of the country in which it is registered.

(a) Subject to sub-paragraph (b), an aircraft registered in the United Kingdom shall, when in flight, carry documents in accorance with Schedule 11 to this Order.

(b) If the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the United Kingdom, the documents may be kept at that aerodrome instead of being carried in the aircraft.

Records to be kept

67

The operator of a public transport aircraft registered in the United Kingdom shall, in respect of any flight by that aircraft during which it may fly at an altitude of more than 49,000 ft. keep a record in a manner prescribed of the total dose of cosmic radiation to which the aircraft is exposed during the flight together with the names of the members of the crew of the aircraft during the flight.

Production of documents and records

68

(1) The commander of an aircraft shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person:

(a) the certificates of registration and airworthiness in force in respect of the aircraft;

(b) the licences of its flight crew; and

(2) The operator of an aircraft registered in the United Kingdom shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents or records as may have been requested by that person being documents or records which are required, by or under this Order, to be in force or to be carried, preserved or made available:

(a) the documents referred to in Schedule 11 to this Order as Documents A, B and G;

(b) the aircraft log book, engine log books and variable pitch propeller log books required under this Order to be kept;

(d) in the case of a public transport aircraft or aerial work aircraft, the documents referred to in Schedule 11 to this Order as Documents D and H;

(e) in the case of an aircraft in respect of which a certificate of airworthiness in either the transport or aerial work category is in force, the documents referred to in Schedule 11 to this Order as Documents E and F;

(f) any records of flight times, duty periods and rest periods which he is required by article 63(4) of this Order to preserve, and such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate;

(g) any such operations manuals as are required to be made available under article 27(2)(a)(i) of this Order;

(h) the record made by any flight data recorder required to be carried by or under this Order; or

(i) the record made from any cosmic radiation detection equipment together with the record of the names of the members of the crew of the aircraft which are required to be kept under article 67 of this Order.

(a) The holder of a licence granted or rendered valid under this Order shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person his licence, including any certificate of validation.

(b) The foregoing provisions of this paragraph shall apply to a medical certificate issued pursuant to article 21(1)(b)(ii) of this Order as they apply to a licence granted or rendered valid under this Order.

(4) Every person required by article 24 of this Order to keep a personal flying log book shall cause it to be produced within a reasonable time to an authorised person after being requested to do so by him within 2 years after the date of the last entry therein.

Power to inspect and copy documents and records

69

An authorised person shall have the power to inspect and copy any certificate, licence, log book, document or record which he has the power pursuant to this Order and any regulations made thereunder to require to be produced to him.

Preservation of documents, etc.

70

(1) A person required by this Order to preserve any document or record by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, subject to paragraph (2) continue to preserve the document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his personal representative.

(a) If another person becomes the operator of the aircraft, the first-mentioned operator or his personal representative shall deliver to that person upon demand the certificates of maintenance review and release to service, the log books and the weight schedule and any record made by a flight data recorder and preserved in accordance with article 45(2) of this Order which are in force or required to be preserved in respect of that aircraft.

(b) If an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person the first-mentioned operator or his personal representative shall deliver to that person upon demand the log book relating to that engine or propeller.

(c) If any person in respect of whom a record has been kept by the first mentioned operator in accordance with article 63(4) of this Order becomes a member of the flight crew of a public transport aircraft registered in the United Kingdom and operated by another person the first-mentioned operator or his personal representative shall deliver those records to that other person upon demand.

(d) It shall be the duty of the other person referred to in sub-paragraphs (a), (b) and (c) to deal with the document or record delivered to him as if he were the first-mentioned operator.

Revocation, suspension and variation of certificates, licences and other documents

71

(1) Subject to paragraphs (4) and (5) the Authority may, if it thinks fit, provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under this Order, pending inquiry into or consideration of the case. The Authority may, on sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.

(2) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the Authority within a reasonable time after being required to do so by the Authority.

(3) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a licence issued in respect of an aerodrome, has been granted or issued, or which has effect under this Order shall, in the absence of provision to the contrary in the document, render the document invalid during the continuance of the breach.

(4) The provisions of article 72 of this Order shall have effect, in place of the provisions of this article, in relation to permits to which that article applies.

(5) Notwithstanding paragraph (1), a flight manual, performance schedule or other document incorporated by reference in the certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Authority, whether or not after due inquiry.

Revocation, suspension and variation of permissions, etc. granted under article 102 or article 104

72

(1) Subject to the provisions of this article, the Secretary of State may revoke, suspend or vary any permit to which this article applies.

(2) Save as provided by paragraph (3), the Secretary of State may exercise his powers under paragraph (1) only after notifying the permit-holder of his intention to do so and after due consideration of the case.

(3) If, by reason of the urgency of the matter, it appears to the Secretary of State to be necessary for him to do so, he may provisionally suspend or vary a permit to which this article applies without complying with the requirements of paragraph (2); but he shall be in any such case, comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either:

(a) revoke the provisional suspension or variation of the permit; or

(b) substitute therefor a definitive revocation, suspension or variation, which, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be in the same or different terms as the provisional variation (if any).

(4) The powers vested in the Secretary of State by paragraph (1) or paragraph (3) may be exercised by him whenever, in his judgement and whether or not by reason of anything done or omitted to be done by the permit-holder or otherwise connected with the permit-holder, it is necessary or expedient that the permit-holder should not enjoy, or should no longer enjoy, the rights conferred on him by a permit to which this article applies or should enjoy them subject to such limitations or qualifications as the Secretary of State may determine. In particular, and without prejudice to the generality of the foregoing, the Secretary of State may exercise his said powers if:

(a) it appears to him that the person to whom the permit was granted has committed a breach of any condition to which it is subject;

(b) it appears to him that any agreement between Her Majesty’s Government in the United Kingdom and the Government of any other country in pursuance of which or in reliance on which the permit was granted is no longer in force or that that other Government has committed a breach thereof;

(c) it appears to him that the person to whom the permit was granted, or such other Government as aforesaid (that is to say, a Government which is a party to such an agreement as aforesaid with Her Majesty’s Government in the United Kingdom), or the aeronautical authorities of the country concerned, have acted in a manner which is inconsistent with or prejudicial to the operation in good faith, and according to its object and purpose, of any such agreement as aforesaid, or have engaged in unfair, discriminatory or restrictive practices to the prejudice of the holder of an Air Transport Licence granted under section 65 of the Civil Aviation Act 1982 or the holder of a route licence granted under that section as applied by section 69A of that Act in his operation of air services to or from points in the country concerned; and

(d) it appears to him that the person to whom the permit was granted, having been granted it as a person designated by the Government of a country other than the United Kingdom for the purposes of any such agreement as aforesaid, is no longer so designated or that that person has so conducted himself, or that such circumstances have arisen in relation to him, as to make it necessary or expedient to disregard or qualify the consequences of his being so designated.

(5) The permit-holder or any person having the possession or custody of any permit which has been revoked, suspended or varied under this article shall surrender it to the Secretary of State within a reasonable time of being required by him to do so.

(6) The breach of any condition subject to which any permit to which this article applies has been granted shall render the permit invalid during the continuance of the breach.

(7) The permits to which this article applies are permissions granted by the Secretary of State under article 102 or article 104 of this Order and any approvals or authorisations of, or consents to, any matter which the Secretary of State has granted, or is deemed to have granted, in pursuance of a permission which he has so granted.

(8) References in this article to the “permit-holder” are references to the person to whom any permit to which this article applies has been granted or is deemed to have been granted.

Offences in relation to documents and records

73

(1) A person shall not with intent to deceive:

(a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under this Order or by or under JAR 145 which has been forged, altered, revoked or suspended, or to which he is not entitled;

(b) lend any certificate, licence, approval, permission, exemption or other document issued or having effect or required by or under this Order or by or under JAR 145 to, or allow it to be used by, any other person; or

(c) make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, licence, approval, permission or exemption or other document;

and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy thereof.

(2) A person shall not intentionally damage, alter or render illegible any log book or other record required by or under this Order or by or under JAR 145 to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under this Order to be preserved.

(3) All entries made in writing in any log book or record referred to in paragraph (2) shall be made in ink or indelible pencil.

(4) A person shall not knowingly make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet.

(5) A person shall not purport to issue any certificate for the purposes of this Order, of any regulations made thereunder or of JAR 145 unless he is authorised to do so under this Order or JAR 145.

(6) A person shall not issue any such certificate as aforesaid unless he has satisfied himself that all statements in the certificate are correct.

PART VIII — MOVEMENT OF AIRCRAFT

Rules of the Air

74

(1) Without prejudice to any other provision of this Order, the Secretary of State may make regulations (hereinafter referred to in this Order as “the Rules of the Air”) prescribing:

(a) the manner in which aircraft may move or fly including in particular provision for requiring aircraft to give way to military aircraft;

(b) the lights and other signals to be shown or made by aircraft or persons;

(d) any other provisions for securing the safety of aircraft in flight and in movement and the safety of persons and property on the surface.

(2) Subject to the provision of paragraph (3), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air.

(3) It shall be lawful for the Rules of the Air to be departed from to the extent necessary:

(a) for avoiding immediate danger;

(b) for complying with the law of any country other than the United Kingdom within which the aircraft then is; or

(c) for complying with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contrators (Aviation Publication 67) issued by the Secretary of State in relation to an aircraft on which the commander is acting as such in the course of his duty as a member or any of Her Majesty’s naval, military or air forces.

(4) If any departure from the Rules of the Air is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Authority.

(5) Nothing in the Rules of the Air shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.

Power to prohibit or restrict flying

75

(a) Where the Secretary of State deems it necessary in the public interest to restrict or prohibit flying by reason of:

(i) the intended gathering or movement of a large number or persons;

(ii) the intended holding of an aircraft race or contest or of an exhibition of flying; or

(iii) national defence or any other reason affecting the public interest;

the Secretary of State may make regulations prohibiting, restricting or imposing conditions on flight:

(aa) by any aircraft, whether or not registerd in the United Kingdom, in any airspace over the United Kingdom or in the neighbourhood of an offshore installation; and

(bb) by aircraft registered in the United Kingdom, in any other airspace, being airspace in respect of which Her Majesty’s Government in the United Kingdom has in pursuance of international arrangements undertaken to provide navigation services for aircraft.

(b) Regulations made under this article may apply either generally or in relation to any class of aircraft.

(2) It shall be an offence to contravene or permit the contravention of or fail to comply with any regulations made hereunder.

(3) If the commander of an aircraft becomes aware that the aircraft is flying in contravention of any regulations which have been made for any of the reasons referred to in paragraph (1)(a)(iii) he shall, unless otherwise instructed pursuant to paragraph (4), cause the aircraft to leave the area to which the regulations relate by flying to the least possible extent over such area and the aircraft shall not begin to descend while over such an area.

(4) The commander of an aircraft flying either within an area for which regulations have been made for any of the reasons referred to in paragraph (1)(a)(iii) or within airspace notified as a Danger Area shall forthwith comply with instructions given by radio by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.

Balloons, kites, airships, gliders and parascending parachutes

76

(1) The provisions of this article shall apply only to or in relation to aircraft within the United Kingdom.

(2) without the permission in writing of the Authority and in accordance with any conditions subject to which that permission may have been granted.

(a) A balloon in captive or tethered flight shall not be flown within 60 metres of any vessel, vehicle or structure except with the permission of the person in charge of any such vessel, vehicle or structure.

(i) A glider or parascending parachute shall not be launced by winch and cable or by ground tow to a height of more than 60 metres above ground level;

(ii) a balloon in captive flight shall not be flown within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

(iii) a balloon in captive or tethered flight shall not be flown at a height measured to the top of the balloon of more than 60 metres above ground level;

(iv) a kite shall not be flown at a height of more than 30 metres above ground level within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

(v) a kite shall not be flown at a height of more than 60 metres above ground level; and

(vi) a parascending parachute shall not be launched by winch and cable or by ground tow within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

(3) An uncontrollable balloon in captive or released flight shall not be flown in airspace notified for the purposes of this paragraph without the permission in writing of the Authority and in accordance with any conditions subject to which that permission may have been granted.

(4) A controllable balloon shall not be flown in free controlled flight:

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

except during the day and in visual meteorological conditions.

(5) A controllable balloon shall not be flown in tethered flight:

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traffic zone of a notified aerodrome;

except with the permission of the appropriate air traffic control unit and in accordance with any conditions subject to which that permission may have been granted.

(6) A balloon when in captive flight shall be securely moored and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.

(7) An airship with a capacity exceeding 3000 cubic metres shall not be moored other than at a notifed aerodrome except with the permission in writing of the Authority and in accordance with any conditions subject to which that permission may have been granted.

(8) An airship with a capacity not exceeding 3000 cubic metres, unless it is moored on a notified aerodrome, shall not be moored:

(a) within 2km of a congested area; or

(b) within the aerodrome traffic zone of a notified aerodrome except with the permission in writing of the Authority and in accordance with any conditions subject to which that permission may have been granted.

(9) An airship when moored in the open shall be securely moored and shall not be left unattended.

(10)

(a) A person shall not cause or permit a group of small balloons exceeding 1000 in number to be simultaneously released at a single site wholly or partly within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome unless that person has given to the Authority not less than 28 days previous notice in writing of the release.

(b) A person shall not cause or permit a group of small balloons exceeding 2000 but not exceeding 10,000 in number to be simultaneously released at a single site:

(i) within airspace notifed for the purposes of this sub-paragraph without the permission in writing of the Authority; or

(ii) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome without the permission in writing of the Authority;

in either case other than in accordance with any conditions subject to which such a permission may have been granted.

(c) A person shall not cause or permit a group of small balloons greater than 10,000 in number to be simultaneously released at a single site without the permission in writing of the Authority and other than in accordance with any conditions subject to which such a permission may have been granted.

(d) For the purposes of sub-paragraphs (a), (b) and (c) “simultaneously released at a single site” shall mean the release of a specified number of balloons during a period not exceeding 15 minutes from within an area not exceeding 1 km square.

(11) For the purposes of this article a notified aerodrome is an aerodrome notified for the purposes of rule 39 of the Rules of the Air Regulations 1991[^f00015] and the notified operating hours means the times notified in respect of an aerodrome during which that rule applies.

PART IX — AIR TRAFFIC SERVICES

Requirement for permission for the provision of air traffic services

77

—No person in charge of the provision of an air traffic control service shall provide such a service otherwise than under and in accordance with the terms of an approval granted to him by the Authority, and the Authority shall grant an approval to any person applying therefor if it is satisfied that the person is competent, having regard to his organisation, staffing, equipment, maintenance and other arrangements, to provide a service which is safe for use by aircraft.

Manual of Air Traffic Services

78

—A person shall not provide an air traffic control service at any place unless:

(a) the service is provided in accordance with the standards and procedures specified in a manual of air traffic services in respect of that place;

(b) the manual is produced to the Authority within a reasonable time after a request for its production is made by the Authority; and

Provision of air traffic services

79

(1) In the case of an aerodrome (other than a Government aerodrome) in respect of which there is equipment for providing holding aid, let-down aid or approach aid by radio or radar, the person in charge of the aerodrome shall:

(a) inform the Authority in advance of the periods during and times at which any such equipment is to be in operation for the purpose of providing such aid as is specified by the said person; and

(b) during any period and at such times as are notified, cause an approach control service to be provided.

(2) The Authority may direct that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such air traffic control service, aerodrome flight information service or means of two-way radio communication as the Authority considers appropriate in respect thereof. The Authority may specify in the direction the periods during and the times at which such a service or such means shall be provided and the person in charge of the aerodrome shall cause such a service or such means to be provided in accordance with any such direction.

(3) Obligations to cause an air traffic control service to be provided arising under paragraph (1) or (2) are without prejudice to each other.

Use of radio call signs at aerodromes

80

—The person in charge of an aerodrome provided with means of two-way radio communication shall not cause or permit any call sign to be used for a purpose other than a purpose for which that call sign has been notified.

Licensing of air traffic controllers and student air traffic controllers

81

(a) Subject to sub-paragraph (b), the Authority shall grant a licence subject to such conditions as it thinks fit to any person to act as an air traffic controller or as a student air traffic controller upon its being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) and undertake such courses of training as the Authority may require of him.

(b) The Authority shall not grant:

(i) a student air traffic controller’s licence to any person under the age of 18 years; or

(ii) an air traffic controller’s licence to any person under the age of 20 years.

(2) Subject to the provisions of article 71 of this Order, a licence to act as an air traffic controller or a student air traffic controller shall remain in force for the period indicated in the licence and may be renewed by the Authority from time to time, upon its being satisfied that the applicant is a fit person and is qualified as aforesaid. If no period is indicated in the licence, it shall remain in force, subject as aforesaid, for the lifetime of the holder.

(3) The Authority may include in an air traffic controller’s licence, subject to such conditions as it thinks fit and upon its being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating relates, a rating of any of the classes set forth in Schedule 9 to this Order specifying the type of air traffic control service which the holder of the licence is competent to provide and such a rating shall be deemed to form part of the licence.

(a) The holder of an air traffic controller’s licence shall not be entitled to exercise the privileges of a rating contained in the licence at any place or for any sector or with any type of radar equipment unless the licence includes a valid certificate of competence in respect of that rating which is appropriate to that place or sector and that equipment (if any) which certificate complies with sub-paragraph (b).

(b) A valid certificate of competence shall be signed by a person authorised by the Authority to sign certificates of that kind and shall not be appropriate to the exercise of the privileges of a rating at any place or for any sector or with any type of radar equipment unless the certificate specifies that place or sector and that type of radar equipment, if any, with the aid of which the service is to be provided, certifies that the person signing the certificate is satisfied that on a date specified in the certificate the holder of the licence of which the certificate forms part has passed an appropriate test of his ability to exercise the privileges of the rating at the place or for the sector and with the type of radar equipment, if any, specified in the certificate and specifies the date on which it was signed. A certificate of competence shall be valid, subject to paragraph (2), for 13 months after the date of the test which it certifies.

(a) If throughout any period of 90 days the holder of a licence has not at any time provided at a particular place or for a particular sector and with the aid of the type of radar equipment, if any, specified in a certificate of competence, the type of air traffic control service specified in the rating to which the certificate of competence relates, the certificate shall, without prejudice to the Authority’s powers under article 71 of this Order, cease to be valid for that place or sector at the end of that period.

(b) Upon a certificate of competence ceasing to be valid for a place or sector the holder of the licence shall forthwith inform the person who is approved pursuant to article 77 of this Order to provide an air traffic control service at that place or for that sector to that effect and shall forward the licence to a person approved by the Authority for the purpose who shall endorse the licence accordingly and return it to the holder forthwith.

(6) Every licence to act as a student air traffic controller shall be valid only for the purpose of authorising the holder to act as an air traffic controller under the supervision of another person who is present at the time and who is the holder of an air traffic controller’s licence entitling him to provide unsupervised the type of air traffic control service which is being provided by the student air traffic controller and who is approved by the Authority for this purpose.

(7) A licence to act as an air traffic controller or a student air traffic controller shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.

(8) Every holder of an air traffic controller’s licence or a student air traffic controller’s licence shall upon such occasions as the Authority may require, submit himself to such examinations and tests (including in particular medical examinations) and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training as the Authority may require.

(9) On the basis of the medical examination referred to in paragraph (8), 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 the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to article 84 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.

(10)

(a) The holder of an air traffic controller’s licence shall not act as an air traffic controller unless his licence includes a medical certificate issued and in force under paragraph (9).

(b) The holder of a student air traffic controller’s licence shall not act in accordance with paragraph (6) unless his licence includes a medical certificate issued and in force under paragraph (9).

(11) For the purposes of this Part of the Order and Schedule 9 thereto, “acting as an air traffic controller” shall mean the giving of instructions or advice or both instructions and advice by means of radio signals (whether directly or indirectly via a person acting in accordance with article 83(3)(b) of this Order) to aircraft in the interests of safety.

Approval of courses and persons

82

Without prejudice to any other provision of this Order the Authority may, for the purpose of this Part of the Order, 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

Prohibition of unlicensed air traffic controllers and student air traffic controllers

83

(1) Subject to paragraphs (3) and (4), a person shall not act as an air traffic controller or hold himself out, whether by use of a radio call sign or in any other way, as a person who may so act unless he is the holder of, and complies with the terms of:

(a) a valid student air traffic controller’s licence granted under this Order and he is supervised in accordance with article 81(6) of this Order;

(b) a valid air traffic controller’s licence so granted authorising him to provide that type of service at that place or for that sector and with the type of radar equipment being used (if any); or

(c) a valid air traffic controller’s licence so granted which does not authorise him to provide that type of service at that place or for that sector and with the type of radar equipment being used (if any) but he is supervised as though he was the holder of a student air traffic controller’s licence.

(2) A person shall not act as an air traffic controller unless he has identified himself in such a manner as may be notified.

(3) A licence shall not be required by any person who, acting in the course of his employment, passes on such instructions or advice as he has been instructed so to do by the holder of an air traffic controller’s licence which entitles that holder to give such instructions or advice.

(4) Nothing in this article shall prohibit the holder of a valid air traffic controller’s licence from providing at any place or for any sector for which the licence includes a valid certificate of competence, information to aircraft in flight in the interests of safety.

Incapacity of air traffic controllers

84

(1) Every holder of an air traffic controller’s licence granted under article 81 of this Order who:

(a) suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 20 consecutive days; or

(b) 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.

(2) An air traffic controller’s licence shall be deemed to be suspended upon the elapse of such period of injury or illness as is referred to in paragraph(1)(a). The suspension of the licence shall cease:

(a) upon the holder being medically examined under arrangements made by the Authority and pronounced fit to resume his functions under the licence; or

(b) upon the Authority exempting the holder from the requirement of a medical examination subject to such conditions as the Authority may think fit.

Prohibition of drunkenness etc. of controllers

85

A person shall not when exercising the privileges of an air traffic controller’s licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.

Fatigue of air traffic controllers—air traffic controllers' responsibilities

86

A person holding an air traffic controller’s licence shall not act as an air traffic controller if he knows or suspects that he is suffering from or having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of any aircraft to which an air traffic control service may be provided.

Licensing of flight information service officers

87

(a) Subject to sub-paragraph (b), the Authority shall grant a licence subject to such conditions as it thinks fit to any person to act as a flight information service officer upon its being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests and undertake such courses of training as the Authority may require of him.

(b) The Authority shall not grant such a licence to any person under the age of 18 years.

(2) Subject to the provisions of article 71 of this Order, a licence to act as a flight information service officer shall remain in force for the period indicated in the licence and may be renewed by the Authority from time to time, upon its being satisfied that the applicant is a fit person and is qualified as aforesaid. If no period is indicated in the licence, it shall remain in force, subject as aforesaid for the lifetime of the holder.

(a) The holder of a flight information service officer’s licence shall not be entitled to provide a flight information service at a place unless that place has been specified in the licence by a person authorised by the Authority for the purpose and the licence has been validated in respect of that place by a person authorised for the purpose by the Authority.

(b) If, throughout any period of 180 days the holder of the licence has not at any time provided such a service at a particular place, the licence shall cease to be valid for that place at the end of that period until the licence has been revalidated in respect of that place by a person authorised by the Authority for the purpose.

(7) A licence to act as a flight information service officer shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.

(8) Every holder of a flight information service officer’s licence shall upon such occasions as the Authority may require, submit himself to such examinations and tests and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training as the Authority may require.

Prohibition of unlicensed flight information service officers

88

(1) A person shall not provide at any place a flight information service or hold himself out, whether by use of a radio call sign or in any other way, as a person who may provide such a service unless he is the holder of and complies with the terms of a flight information service officer’s licence granted under this Order authorising him to provide such a service at that place.

(2) A person shall not provide a flight information service unless he has identified himself in such a manner as may be notified.

Flight Information Service Manual

89

A person shall not provide a flight information service at any aerodrome unless:

(a) the service is provided in accordance with the standards and procedures specified in a flight information service manual in respect of that aerodrome;

(b) the manual is produced to the Authority within a reasonable time after a request for its production is made by the Authority; and

PART X — AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS

Aerodromes—public transport of passengers and instruction in flying

90

(1) An aircraft to which this paragraph applies shall not take off or land at a place in the United Kingdom other than:

(a) an aerodrome licensed under this Order for the take-off and landing of such aircraft; or

(b) a Government aerodrome, or an aerodrome owned or managed by the Authority, notified as available for the take-off and landing of such aircraft, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take off or land as the case may be;

and in accordance with any conditions subject to which the aerodrome may have been licensed or notified, or subject to which such permission may have been given.

(2) Subject to paragraph (3), paragraph (1) applies to:

(a) aeroplanes of which the maximum total weight authorised exceeds 2730 kg and which are flying:

(i) for the purpose of the public transport of passengers;

(ii) for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or

(iii) for the purpose of carrying out flying tests in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence;

(b) aeroplanes of which the maximum total weight authorised does not exceed 2730 kg engaged on either:

(i) scheduled journeys for the purpose of the public transport of passengers;

(ii) flights for the purpose of the public transport of passengers beginning and ending at the same aerodrome;

(iii) flights for the purpose of:

(aa) instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or

(bb) a flying test in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or

(iv) flights for the purpose of the public transport of passengers at night;

(d) gliders (other than gliders being flown under arrangements made by a flying club and carrying no person other than a member of the club) which are flying for the purpose of the public transport of passengers or for the purpose of instruction in flying.

(3) Nothing in paragraph (1) shall apply to or in relation to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

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