The Air Navigation Order 1995

• (a) Information and instructions relating to the following matters shall be included in the operations manual referred to in article 27(2) of this Order:

• (i) the number of the crew to be carried in the aircraft, on each stage of any route to be flown, and the respective capacities in which they are to act, and instructions as to the order and circumstances in which command is to be assumed by members of the crew;

• (ii) the respective duties of each member of the crew and the other members of the operating staff;

• (iii) the scheme referred to in article 63(1)(c)(i) of this Order;

• (iv) such technical particulars concerning the aircraft, its engines and equipment and concerning the performance of the aircraft as may be necessary to enable the flight crew of the aircraft to perform their respective duties;

• (v) the manner in which the quantities of fuel and oil to be carried by the aircraft are to be computed and records of fuel and oil carried and consumed on each stage of the route to be flown are to be maintained; the instructions shall take account of all circumstances likely to be encountered on the flight including the possibility of failure of one or more of the aircraft engines;

• (vi) the manner in which the quantity, if any, of oxygen and oxygen equipment to be carried in the aircraft for the purpose of complying with Scale L1 or L2 in Schedule 4 to this Order is to be computed;

• (vii) the check system to be followed by the crew of the aircraft prior to and on take-off, on landing and in an emergency, so as to ensure that the operating procedures contained in the operations manual and in the flight manual or performance schedule forming part of the relevant certificate of airworthiness are complied with;

• (viii) the circumstances in which a radio watch is to be maintained;

• (ix) the circumstances in which oxygen is to be used by the crew of the aircraft, and by passengers;

• (x) subject to sub-paragraph (b), communication, navigational aids, aerodromes, local regulations, in-flight procedures, approach and landing procedures and such other information as the operator may deem necessary for the proper conduct of flight operations; the information referred to in this paragraph shall be contained in a route guide, which may be in the form of a separate volume;

• (xi) the reporting in flight to the notified authorities of meteorological observations;

• (xii) subject to sub-paragraph (b), the minimum altitudes for safe flight on each stage of the route to be flown and any planned diversion therefrom, such minimum altitudes being not lower than any which may be applicable under the law of the United Kingdom or of the countries whose territory is to be flown over;

• (xiii) the particulars referred to in article 33 of this Order;

• (xiv) emergency flight procedures, including procedures for the instruction of passengers in the position and use of emergency equipment and procedures to be adopted when the commander of the aircraft becomes aware that another aircraft or a vessel is in distress and needs assistance;

• (xv) in the case of aircraft intended to fly at an altitude of more than 49 000 ft the procedures for the use of cosmic radiation detection equipment;

• (xvi) the labelling and marking of dangerous goods, the manner in which they must be loaded on or suspended beneath an aircraft, the responsibilities of members of the crew in respect of the carriage of dangerous goods and the action to be taken in the event of emergencies arising involving dangerous goods;

• (xvii) such particulars of any permission granted to the operator pursuant to article 16 of this Order as may be necessary to enable the commander of the aircraft to determine whether he can comply with article 38(b)(ii) of this Order.

• (b) In relation to any flight which is not one of a series of flights between the same two places it shall be sufficient if, to the extent that it is not practicable to comply with paragraphs (x) and (xii), the manual contains such information and instructions as will enable the equivalent data to be ascertained before take-off.

PART B— — CREW TRAINING AND TESTS

1

The training, experience, practice and periodical tests required under article 30(2) of this Order in the case of members of the crew of an aircraft engaged on a flight for the purpose of public transport shall be as follows:

• (1) The Crew

Every member of the crew shall:

• (a) have been tested within the relevant period by or on behalf of the operator as to his knowledge of the use of the emergency and life saving equipment required to be carried in the aircraft on the flight; and

• (b) have practised within the relevant period under the supervision of the operator or of a person appointed by him for the purpose the carrying out of the duties required of him in case of an emergency occurring to the aircraft either in an aircraft of the type to be used on the flight or in apparatus approved by the Authority for the purpose and controlled by persons so approved.

• (2) Pilots

• (a) Every pilot included in the flight crew who is intended by the operator to fly as pilot in circumstances requiring compliance with the Instrument Flight Rules shall within the relevant period have been tested by or on behalf of the operator:

• (i) as to his competence to perform his duties while executing normal manoeuvres and procedures in flight, in an aircraft of the type to be used on the flight, including the use of the instruments and equipment provided in the aircraft;

• (ii) as to his competence to perform his duties in instrument flight conditions while executing emergency manoeuvres and procedures in flight, in an aircraft of the type to be used on the flight, including the use of the instruments and equipment provided in the aircraft.

• A pilot’s ability to carry out normal manoeuvres and procedures shall be tested in the aircraft in flight.

• The other tests required by this sub-paragraph may be conducted either in the aircraft in flight, or under the supervision of a person approved by the Authority for the purpose by means of a flight simulator approved by the Authority under article 22(11) of this Order. The tests specified in sub-paragraph (2)(a)(ii) when conducted in the aircraft in flight shall be carried out either in actual instrument flight conditions or in instrument flight conditions simulated by means approved by the Authority. Every pilot included in the flight crew whose licence does not include an instrument rating or who, notwithstanding the inclusion of such a rating in his licence, is not intended by the operator to fly in circumstances requiring compliance with the Instrument Flight Rules, shall within the relevant period have been tested, by or on behalf of the operator in flight in an aircraft of the type to be used on the flight: as to his competence to act as pilot thereof, while executing normal manoeuvres and procedures; and as to his competence to act as pilot thereof while executing emergency manoeuvres and procedures. Every pilot included in the flight crew who is seated at the flying controls during the take-off or landing and who is intended by the operator to fly as pilot in circumstances requiring compliance with the Instrument Flight Rules shall within the relevant period have been tested as to his proficiency in using instrument approach-to-land systems of the type in use at the aerodrome of intended landing and any alternate aerodromes, such test being carried out either in flight in instrument flight conditions or in instrument flight conditions simulated by means approved by the Authority or under the supervision of a person approved by the Authority for the purpose by means of a flight simulator approved by the Authority. Every pilot included in the flight crew and who is seated at the flying controls during take-off or landing shall within the relevant period have carried out, when seated at the flying controls not less than three take-offs and three landings in aircraft of the type to be used on the flight.

• (3) Flight Engineers

Every flight engineer included in the flight crew shall within the relvant period have been tested by or on behalf of the operator:

• (a) as to his competence to perform his duties while executing normal procedures in flight, in an aircraft of the type to be used on the flight;

• (b) as to his competence to perform his duties while executing emergency procedures in flight, in an aircraft of the type to be used on the flight.

A flight engineer’s ability to carry out normal procedures shall be tested in an aircraft in flight. The other tests required by this sub-paragraph may be conducted either in the aircraft in flight, or under the supervision of a person approved by the Authority for the purpose by means of a flight simulator approved by the Authority.

• (4) Flight Navigators and Flight Radio Operators

Every flight navigator and flight radio operator whose inclusion in the flight crew is required under articles 20(4) and (5) respectively of this Order shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in conditions corresponding to those likely to be encountered on the flight:

• (a) in the case of a flight navigator, using equipment of the type to be used in the aircraft on the flight for purposes of navigation;

• (b) in the case of a flight radio operator using radio equipment of the type installed in the aircraft to be used on the flight, and including a test of his ability to carry out emergency procedures.

• (5) Aircraft Commanders

• (a) The pilot designated as commander of the aircraft for the flight shall within the relevant period have demonstrated to the satisfaction of the operator that he has adequate knowledge of the route to be taken, the aerodromes of take-off and landing, and any alternate aerodromes, including in particular his knowledge of:

• (i) the terrain;

• (ii) the seasonal meteorological conditions;

• (iii) the meteorological, communications and air traffic facilities, services and procedures;

• (iv) the search and rescue procedures; and

• (v) the navigational facilities;

relevant to the route.

• (b) In determining whether a pilot’s knowledge of the matters referred to in sub-paragraph (a) is sufficient to render him competent to perform the duties of aircraft commander on the flight, the operator shall take into account the pilot’s flying experience in conjunction with the following:

• (i) the experience of other members of the intended flight crew;

• (ii) the influence of terrain and obstructions on departure and approach procedures at the aerodromes of take-off and intended landing and at alternate aerodromes;

• (iii) the similarity of the instrument approach procedures and let-down aids to those with which the pilot is familiar;

• (iv) the dimensions of runways which may be used in the course of the flight in relation to the performance limits of aircraft of the type to be used on the flight;

• (v) the reliability of meterological forecasts and the probability of difficult meterological conditions in the areas to be traversed;

• (vi) the adequacy of the information available regarding the aerodrome of intended landing and any alternate areodromes;

• (vii) the nature of air traffic control procedures and the familiarity of the pilot with such procedures;

• (viii) the influence of terrain on route conditions and the extent of the assistance obtainable en route from navigational aids and air-to-ground communication facilities; and

• (ix) the extent to which it is possible for the pilot to become familiar with unusual aerodrome procedures and features of the route by means of ground instruction and training devices.

• (6) For the purposes of this paragraph:

• (a) “instrument flight conditions” and weather conditions such that the pilot is unable to fly by visual reference to objects outside the aircraft.

• (b) “relevant period” means a period which immediately precedes the commencement of the flight, being, subject to sub-paragraph (c), a period:

• (i) in the case of sub-paragraph (2)(c)(ii), of three months;

• (ii) in the case of sub-paragraphs (2)(a)(ii), (2)(b)(ii), (2)(c)(i) and (3)(b), of six months;

• (iii) in the case of sub-paragraphs (1), (2)(a)(i), (2)(b)(i), (3)(a), (4) and (5)(a), of 13 months.

• (c)

• (i) Any pilot of the aircraft to whom the provisions of sub-paragraphs (2)(a)(ii), (2)(b)(ii) or (2)(c)(i) and any flight engineer of the aircraft to whom the provisions of sub-paragraph (3)(b) apply shall for the purposes of the flight be deemded to have complied with such requirements respectively within the relevant period if he has qualified to perform his duties in accordance therewith on two occasions within the period of 13 months immediately preceding the flight, such occasions being separated by an interval of not less than four months.

• (ii) The requirement of sub-paragraph (5)(a) shall be deemed to have been complied with within the relevant period by a pilot designated as commander of the aircraft for the flight if, having become qualified so as to act on flights between the same places over the same route more than 13 months before commencement of the flight, he has within the period of 13 months immediately preceding the flight flown as pilot of an aircraft between those places over that route.

2

• (1) The records required to be maintained by an operator under article 30(2) of this Order shall be accurate and up-to-date records so kept as to show, on any date, in relation to each person who has during the period of two years immediately preceding that date flown as a member of the crew of any public transport aircraft operated by that operator:

• (a) the date and particulars of each test required by this Schedule undergone by that person during the said period including the name and qualifications of the examiner;

• (b) the date upon which that person last practised the carrying out of duties referred to in paragraph 1(1)(b) of this Schedule:

• (c) the operator’s conclusions based on each such test and practice as to that person’s competence to perform his duties;

• (d) the date and particulars of any decision taken by the operator during the said period in pursuance of paragraph 1(5)(a) of this Schedule including particulars of the evidence upon which that decision was based;

• (2) The operator shall whenever called upon to do so by any authorised person produce for the inspection of any person authorised all records referred to on the preceding sub-paragraph and furnish to any such person all such information as he may require in connection with any such records and produce for his inspection all log books, certificates, papers and other documents, whatsoever which he may reasonably require to see for the purpose of determining whether such records are complete or of verifying the accuracy of their contents.

• (3) The operator shall at the request of any person in respect of whom he is required to keep records as aforesaid furnish to that person, or to any operator of aircraft for the purposee of public transport by whom that person may subsequently be employed, particulars of any qualfications in accordance with this Schedule obtained by such person whilst in his service.

PART C— — TRAINING MANUAL

• The following information and instructions in relation to the training, experience, practice and periodical tests required under article 30(2) of this Order shall be included in the training manual referred to in article 29(2) of this Order: the manner in which the training, practice and periodical tests required under article 30(2) and specified in Part B of Schedule 10 to this Order are to be carried out; the minimum qualifications and experience which the operator requires of persons appointed by him to give or to supervise the said training, practice and periodical tests; the type of training, practice and periodical tests which each such person is appointed to give or to supervise; and the type of aircraft in respect of which each such person is appointed to give or to supervise the said training, practice and periodical tests; the minimum qualifications and experience required for each member of the crew undergoing the said training, practice and periodical tests; the syllabus for, and specimen forms for recording, the said training, practice and periodical tests; the manner in which instrument flight conditions and engine failure are to be simulated in the aircraft inflight; the extent to which the said training and testing is permitted in the course of flights for the purpose of public transport; the use to be made in the said training and testing of apparatus approved for the purpose by the Authority.

SCHEDULE 11 — DOCUMENTS TO BE CARRIED BY AIRCRAFT REGISTERED IN THE UNITED KINGDOM

• On a flight for the purpose of public transport: Documents A, B, C, D, E, F, H and, if the flight is international air navigation, Documents G and I.

• On a flight for the purpose of aerial work: Documents A, B, C, E, F and, if the flight is international air navigation, Documents G and I.

• On a private flight, being international air navigation: Documents A, B, C, G and I.

• On a flight made in accordance with the terms of a permission granted to the operator pursuant to article 15 of this Order: Document J.

• For the purposes of this Schedule: “A” means the licence in force under the Wireless Telegraphy Act 1949[^f00014] in respect of the aircraft radio station installed in the aircraft, and the current telecommunication log book required by this Order; “B” means the certificate of airworthiness in force in respect of the aircraft; Provided that, with the permission in writing of the Authority, which may be granted subject to such conditions as it thinks fit, an aircraft to which article 27 of this Order applies need not carry the flight manual as part of this document; “C” means the licences of the members of the flight crew of the aircraft; “D” means one copy of the load sheet, if any, required by article 31 of this Order in respect of the flight; “E” means one copy of each certificate of maintenance review, if any, in force in respect of the aircraft; “F” means the technical log, if any, in which entries are required to be made under article 10 of this Order; “G” means the certificate of registration in force in respect of the aircraft; “H” means the operations manual, if any, required by article 27(2)(a)(iii) of this Order to be carried on the flight; “I” means a copy of the notified procedures to be followed by the pilot in command of an intercepted aircraft, and the notified visual signals for use by intercepting and intercepted aircraft; “J” means the permission, if any, granted in respect of the aircraft pursuant to article 16 of this Order; Provided that, with the permission in writing of the Authority, which may be granted subject to such conditions as it thinks fit, an aircraft to which article 27 of this Order applies need not carry such a permission if it carries an operations manual which includes the particulars specified at sub-paragraph (xvii) of Part A of Schedule 10 to this Order. “International air navigation” means any flight which includes passage over the territory of any country other than the United Kingdom, except any of the Channel Islands, the Isle of Man, any country to which there is power to extend the Civil Aviation Act 1982 under section 108(1) thereof or any British Protected State.

SCHEDULE 12 — PENALTIES

PART A— — PROVISIONS REFERRED TO IN ARTICLE 111(5)

Article of Order	Subject Matter
3	Aircraft flying unregistered
5	Aircraft flying with false or incorrect markings
10(1)(a)	Flight without appropriate maintenance
10(1)(b)	Flight without a certificate of maintenance review
11	Failure to keep a technical log
12	Flight without a certificate of release to service
13(7) and (8)	Exercise of privileges of aircraft maintenance engineer’s licence whilst unfit
14	Flight without required equipment
15	Flight without required radio equipment
16	Minimum equipment requirements
17	Failure to keep log books
18	Requirement to weigh aircraft and keep weight schedule
20	Crew requirement
22	Requirement for appropriate licence
23(5) and (6)	Requirement for appropriate certificates
23(7)	Prohibition of flight after failure of test
23(8)(a)	Flight without valid medical certificate
23(9)	Flight in unfit condition
25	Instruction in flying without appropriate licence and rating
27	Operations manual requirement
28	Police Operator’s manual requirements
29	Training manual requirement
30	Operator’s responsibilities in connection with crew
31	Requirements for loading aircraft
32	Operational restrictions on aircraft
33	Aerodrome operating minima—UK registered aircraft
34	Aerodome operating minima—foreign registered public transport aircraft
35	Aerodrome operating minima—non-public transport aircraft
36	Requirement for pilot to remain at controls
38	Pre-flight action by commander of aircraft
39	Requirement for passenger briefing
40	Additional duties of commander on flight for public transport of passengers
41	Requirements for radio station in aircraft to be licensed and for operation of same
42	Requirement for minimum navigation performance system
45	Use of flight recording systems and preservation of records
46	Towing of gliders
47	Towing, picking up and raising of persons and articles by aircraft
48	Dropping of articles and animals from aircraft
49	Dropping of persons
50	Requirement for aerial application certificate
53	Carriage of persons in or on any part of an aircraft not designed for that purpose
54	Requirement for exits and break-in markings
58	Prohibitions of smoking in aircraft
59	Requirement to obey lawful commands of aircraft commander
60	Prohibition of stowaways
61	Exhibitions of flying
63(3)	Operator’s obligation to obtain flight time records of flight crew
64(2)	Flight crew member’s obligation to inform operator of flight times
65	Flight time limitations
74	Breach of the Rules of the Air
75	Flight in contravention of restriction of flying regulations
76	Flight by balloons, kites, airships, gliders and parascending parachutes
79	Provision of air traffic services
80	Use of radio call signs at aerodromes
83	Requirement for licensing of air traffic controllers
88	Requirement for licensing of flight information service officers
89	Requirement for aerodrome information service manual
90	Requirement for licensed aerodrome
92(5)	Contravention of conditions of aerodrome licence
93	Use of aeronautical radio stations
94	Requirement to keep aeronautical radio station records
98	Use of aeronautical lights
99(1)	Prohibition of dangerous lights
99(2)	Failure to extinguish or screen dangerous lights
101(1) and (3)	Management of aviation fuel at aerodromes
106 (except(4))	Requirement to report occurrences
109	Obstruction of persons performing duties under the Order
JAR 145
JAR 145.1(a)

PART B— — PROVISIONS REFERRED TO IN ARTICLE 111(6)

Article of Order	Subject Matter
6	Flight for the purpose of public transport without an air operator’s certificate
7	Flight without a certificate of airworthiness
51	Prohibition of carriage of weapons and munitions of war
52	Prohibition of carriage of dangerous goods
55	Endangering safety of aircraft
56	Endangering safety of persons or property
57	Prohibition of drunkenness in aircraft
63(1)	Operator’s obligation to regulate flight times of flight crew
63(2)	Operator’s obligation not to allow flight by crew in dangerous state of fatigue
64(1)	Crew’s obligation not to fly in dangerous state of fatigue
73 (except(3))	Use of false or unauthorised documents and records
77	Provision of an air traffic control service without an approval
85	Prohibition of drunkeness etc. of controllers
86	Controller’s obligation not to act in a dangerous state of fatigue
101(4)	Use of aviation fuel which is unfit for use in aircraft
102	Restriction of flights for valuable consideration by non-UK registered aircraft
104	Restriction of flights for aerial photography, aerial survey and aerial work by non-UK registered aircraft
105	Operators' or commanders' obligations in respect of flights over any foreign country
106(4)	Making false reports
107	Flight in contravention of direction not to fly

SCHEDULE 13 — PARTS OF STRAITS SPECIFIED IN CONNECTION WITH THE FLIGHT OF AIRCRAFT IN TRANSIT OVER UNITED KINGDOM TERRITORIAL WATERS

SCHEDULE 14 — AERODROME MANUAL

Information and instructions relating to the following matters shall be included in the aerodrome manual referred to in article 92 of this Order:

• (i) the name and status of the official in charge of day to day operation of the aerodrome together with the names and status of other senior aerodrome operating staff and instructions as to the order and circumstances in which they may be required to act as the official in charge;

• (ii) the system of aeronautical information service available;

• (iii) procedures for promulgating information concerning the aerodrome’s state;

• (iv) procedures for the control of access, vehicles and work in relation to the aerodrome manoeuvring area and apron;

• (v) procedures for complying with article 106 of this Order and for the removal of disabled aircraft;

• (vi) in the case of an aerodrome which has facilities for fuel storage, procedures for complying with article 101 of this Order;

• (vii)

• (aa) subject to paragraph (bb), plans to a scale of 1:2500 depicting the layout of runways, taxiways and aprons, aerodrome markings, aerodrome lighting if such lighting is provided, and the siting of any navigational aids within the runway strip;

• (bb) in the case of copies of the manual or extracts thereof provided or made available to a member of the aerodrome operating staff, the plans shall be of a scale reasonably appropriate for the purposes of article 92(10) of this Order;

• (viii) in respect of an aerodrome in relation to which there is a notified instrument approach procedure, survey information sufficient to provide data for the production of aeronautical charts relating to that aerodrome;

• (ix) description, height and location of obstacles which infringe standard obstacle limitation surfaces, and whether they are lit;

• (x) data for and method of calculation of declared distances and elevations at the beginning and end of each declared distance;

• (xi) method of calculating reduced declared distances and the procedure for their promulgation;

• (xii) details of surfaces and bearing strengths of runways, taxiways and aprons;

• (xiii) the system of the management of air traffic in the airspace associated with the aerodrome, including procedures for the co-ordination of traffic with adjacent aerodromes, except any such information or procedures already published in any manual of air traffic services;

• (xiv) operational procedures for the routine and special inspection of the aerodrome manoeuvring area and aprons;

• (xv) if operations are permitted during periods of low visibility, procedures for the protection of the runways during such periods;

• (xvi) procedures for the safe integration of all aviation activities undertaken at the aerodrome;

• (xvii) procedures for the control of bird hazards;

• (xviii) procedures for the use and inspection of the aerodrome lighting system, if such a system is provided; and

• (xix) the scale of rescue, first aid and fire service facilities, the aerodrome emergency procedures and procedures to be adopted in the event of temporary depletion of the rescue and fire service facilities.

TABLE OF COMPARISON

The following Table shows, in relation to each article of and Schedule to the Air Navigation Order 1989, as amended, the article of or Schedule to the 1995 Order in which it is reproduced.

Articles	Articles
1989 Order as amended	1995 Order
1	1
2	2
3	3
4	4
5	5
6	6
6A	7
7	8
8	9
9	10
10	11
11	12
12	13
13	14
14	15
15	16
16	17
17	18
18	19
19	20
20	21
21	22
22	23
23	24
24	25
25	26
26	27
26A	28
27	29
28	30
29	31
30	32
31	33
32	34
32A	35
33	36
34	37
35	38
36	39
37	40
38	41
39	42
39A	43
39B	44
40	45
41	46
42	47
43	48
44	49
45	50
46	51
47	52
48	53
49	54
50	55
51	56
52	57
53	58
54	59
55	60
56	61
57	62
58	63
59	64
60	65
61	66
62	67
63	68
64	69
65	70
66	71
67	72
68	73
69	74
69A	77 and 79
69B	80
70	71 and 87
71	83 and 88
71A	86
72	89
73	84
73A	85
74	76
75	76
76	90
77	91
78	92
79	93
80	94
81	95
82	96
83	97
84	98
85	99
86	100
87	101
88	102
89	103
92	104
93	105
94	106
95	107
96	108
97	109
98	110
99	111
100	112
101	113
102	114
103	115
104	116
105	117
106	118
107	119
108	120
109	121
110	122
	123

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order consolidates the Air Navigation Order 1989, as amended. In addition to some minor drafting amendments the following changes are made:

1 The requirement for an aircraft to be maintained in accordance with the Order and to have a certificate of release to service issued in accordance with those requirements does not apply to an aircraft which is required to be maintained in accordance with JAR 145. JAR 145 is a joint aviation requirement annexed to Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation. JAR 145 applies to aircraft flying for the purpose of commercial transport (articles 10, 11, 12 and 13).

2 It is an offence for the holder of an aircraft maintenance engineer’s licence to exercise the privileges of that licence when physically or mentally unfit or under the influence of drink or a drug (article 13(7) and (8)).

3 The Civil Aviation Authority must issue a certificate of validation for any licence issued by the competent authority of a Member State of the European Community based on requirements equivalent to those for the equivalent licence granted by the Authority (article 23).

4 The operator of an aircraft flying for the purpose of public transport must satisfy himself as to the suitability of any site at which it is intended to take off or land. He need not generally satisfy himself about the adequacy of emergency services which are not required to be based at the site but such a requirement may be imposed by way of a condition of the air operator’s certificate (article 30(1)(c)).

5 A person may be carried outside a hovering helicopter flying under a police air operator’s certificate whilst disembarking in accordance with a procedure contained in the police operations manual for the helicopter (article 53).

6 The operator of an aircraft with a certificate of airworthiness in the transport or aerial work category must produce the technical log of that aircraft if required to do so by an authorised person (article 68(2) and Schedule 11).

7 The Order provides for the enforcement of JAR 145 as it has effect under Council Regulation (EEC) No 3922/91 as follows: a there are new offences relating to documents and records issued, required or having effect under JAR 145 (article 73); b the power conferred on the Civil Aviation Authority and others to prevent aircraft flying may be exercised in circumstances where the flight would be in contravention of JAR 145 (article 107); and c the penalties provision has been extended to refer to the provisions of JAR 145 (article 111).

8 The restrictions applicable to flight by balloons, kites, airships, gliders and parascending parachutes have been revised. New definitions are introduced for controllable and uncontrollable balloons and for free controlled flight, tethered flight, captive flight and released flight. Restrictions are placed on the simultaneous release of large numbers of small balloons from a single site (articles 76 and 118(1) and (2)).

9 The provisions concerning the licensing of persons providing air traffic services entitle the Civil Aviation Authority to require applicants for licences to undertake courses of training and to approve such courses. A certificate of competence is required to be included in an air traffic controller’s licence and renewed annually. A new rating is introduced for the exercise of licence privileges at an air traffic control centre. A new rating is introduced for the task of providing radar services to en route aircraft more than 40 miles from an aerodrome. Only specifically approved licence holders are entitled to supervise student air traffic controllers or air traffic controllers who do not hold an appropriate rating. Definitions are introduced for an aerodrome control service, an approach control service, an area control service and an air traffic control centre. An area control centre rating and an area radar rating are introduced. The area radar control (aerodrome) rating and the precision approach radar control rating are deleted. To provide radar services to en route aircraft more than 40 miles from the aerodrome at which the controller is based, a controller will require an area radar rating. The functions of the area radar control rating, the approach control rating and the approach radar control rating may be exercised at the same time (Part IX, article 118 and Schedule 9).

10 An air traffic controller’s licence shall not be granted to a person under the age of 20 years (article 81(1)).

11 The penalties provision refers to standard level fines rather than fixed nominal maximum penalties.

12 The meaning of “police officer” and “chief officer of police for any area of the United Kingdom” is defined (article 118 (1)).

13 Valuable consideration passing wholly within a group of companies is disregarded for the purpose of considering whether a flight is for the purpose of public transport (article 119(5)).

14 The Civil Aviation Authority is the authority for carrying out functions under JAR 145 in the United Kingdom (article 123).

15 The purposes for which an aircraft may fly in accordance with A or B Conditions are extended and clarified (Schedule 2).

Footnotes

[^f00001]: 1972 c. 68; the powers conferred by section 2(2) were extended, in relation to the EEA, by section 2 of the European Economic Area Act 1993 (1993 c. 51).

[^f00002]: 1982 c. 16.

[^f00003]: 1986 c. 31.

[^f00004]: S.I. 1989/2004.

[^f00005]: S.I. 1990/2154.

[^f00006]: S.I. 1991/1726.

[^f00007]: S.I. 1993/231.

[^f00008]: S.I. 1993/607.

[^f00009]: S.I. 1993/2670.

[^f00011]: 1982 c. 16.

[^f00012]: OJ No. L 373 of 31.12.91, p.21.

[^f00013]: Cm 2073 and 2183.

[^f00014]: Decision of the EEA Joint Committee No. 7/94 of 21st March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement: OJ No. L 160, 28.6.94, p.1.

[^f00015]: S.I. 1991/2437.

[^f00016]: OJ NO. L 240, 24.8.92, p.8.

[^f00017]: Cm 2073 and 2183.

[^f00018]: Decision of the EEA Joint Committee No. 7/94 of 21st March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement: OJ No. L 160, 28.6.94, p.1.

[^f00019]: 1948 c. 56.

[^f00020]: S.I. 1980/397 (NI 3).

[^f00021]: S.I. 1991/2437.

[^f00022]: 1894 c. 60.

[^f00023]: 1981 c. 61.

[^f00024]: 1974 c. 39.

[^f00025]: 1989 c. 40.

[^f00026]: 1894 c. 60.

[^f00027]: 1974 c. 39.

[^f00028]: 1964 c. 5.

[^f00029]: Fourth edition published in October 1990 by the Civil Aviation Authority.

[^f00030]: 1971 c. 61: section 1 of this Act was amended by section 24 of the Oil and Gas (Enterprise) Act 1982 (c. 23).

[^f00031]: 1982 c. 16.

[^f00032]: OJ No. L 373, 31.12.91, p.4. Council Regulation 3922/91 applies throughout the area of the EEA by virtue of the amendment of the EEA Agreement (Cm 2073 and 2183) by the Decision of the EEA Joint Committee No. 7/94 of 21.3.94 (OJ No. L 160, 28.6.94, p.1).

[^f00033]: 1952 c. 67.

[^f00034]: 1985 c. 6 as amended by section 144 of the Companies Act 1989 (c. 40).