The Air Navigation Order 2016

Made: 13th July 2016

Laid before Parliament: 20th July 2016

Coming into force: 25th August 2016

At the Court at Buckingham Palace, the 13th day of July 2016

Present,

The Queen's Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 60 (other than sub-section (3)(r)), 61, 77 and 101 of, and Schedule 13 to, the Civil Aviation Act 1982 , section 35 of the Airports Act 1986 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 .

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to Her Majesty that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

Her Majesty, by and with the advice of Her Privy Council, orders as follows:

Citation and commencement

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This Order may be cited as the Air Navigation Order 2016 and comes into force on 25th August 2016.

PART 1 — Interpretation and categorisation

CHAPTER 1 — Interpretative matter

Interpretation

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Schedule 1 (interpretation) has effect.

Meaning of “in flight”

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An aircraft is deemed to be in flight—

• (a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing;

• (b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off, until the moment when it next comes to rest after landing;

• (c) in the case of an airship, from the moment when it first becomes detached from the surface until the moment when it next becomes attached to the surface or comes to rest on the surface;

• (d) in the case of a free balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface until the moment it next comes to rest on the surface; and

• (e) in the case of a captive balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface, apart from a restraining device attaching it to the surface, until the moment when it next comes to rest on the surface,

and the expressions “a flight” and “to fly” are to be construed accordingly.

Meaning of “operator”

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• (1) Subject to paragraph (2), references in this Order to the operator of an aircraft are, for the purposes of the application of any provision of this Order in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft.

• (2) For the purposes of the application of any provision in Part 4 , Section 4 of Chapter 2 of Part 5 and article 119, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than—

• (a) the holder of a national air operator's certificate;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the holder of a Part-CAT air operator certificate; or

• (d) a commercial operation undertaking,

has the management of that aircraft for a period of not more than 14 days, paragraph (1) has effect as if that charter or other agreement had not been entered into.

Meaning of “aerodrome traffic zone”

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• (1) Subject to paragraphs (3) and (8), the aerodrome traffic zone of a notified aerodrome which is not on an offshore installation and at which the length of the longest runway is notified as 1,850 metres or less is that specified in paragraph (2).

• (2) The aerodrome traffic zone at an aerodrome referred to in paragraph (1) is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of two nautical miles.

• (3) Paragraph (4) applies if—

• (a) the aerodrome traffic zone specified in paragraph (2) would extend less than 1½ nautical miles beyond the end of any runway at the aerodrome; and

• (b) this paragraph is notified as being applicable.

• (4) The aerodrome traffic zone is that specified in paragraph (5) as though the length of the longest runway at the aerodrome were notified as greater than 1,850 metres.

• (5) Subject to paragraph (8), the aerodrome traffic zone of a notified aerodrome which is not on an offshore installation and at which the length of the longest runway is notified as greater than 1,850 metres is that specified in paragraph (6).

• (6) The aerodrome traffic zone is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified midpoint of the longest runway and having a radius of 2½ nautical miles.

• (7) Subject to paragraph (8), the aerodrome traffic zone of a notified aerodrome which is on an off-shore installation is the airspace extending from mean sea level to 2,000 feet above mean sea level and within 1½ nautical miles of the offshore installation.

• (8) The aerodrome traffic zone of a notified aerodrome excludes any airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this article as being the controlling aerodrome.

Meaning of “public transport”

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• (1) For the purposes of this Order and subject to Chapter 2 of this Part, an aircraft in flight is flying on a public transport flight if—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the conditions specified in paragraph (2) are satisfied.

• (2) The conditions referred to in paragraph (1) are—

• (a) the flight is not a flight for the purpose of commercial air transport; and

• (b) the flight is—

• (i) for the carriage of passengers or cargo and valuable consideration is given or promised for that flight in the aircraft; or

• (ii) operated by the holder of a national air operator's certificate ... or a Part-CAT air operator certificate and any passengers or cargo are carried gratuitously in the aircraft except for persons specified in paragraph (3) or cargo specified in paragraph (4).

• (3) The persons referred to in paragraph (2)(b)(ii) are persons in the employment of the operator (including, in the case of a body corporate, its directors), or persons authorised by the CAA either making any inspection or witnessing any training, practice or test for the purposes of this Order ... or the ... Air Operations Regulation.

• (4) The cargo referred to in paragraph (2)(b)(ii) is cargo intended to be used by any persons specified in paragraph (3) or by the operator.

Meaning of “commercial operation”

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For the purposes of this Order, “commercial operation” means any operation of an aircraft other than for public transport—

• (a) which is available to the public; or

• (b) which, when not made available to the public, is performed under a contract between an operator and a customer, where the latter has no control over the operator,

in return for remuneration or other valuable consideration.

CHAPTER 2 — Categorisation as public transport or commercial operation

Application of Chapter

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Nothing in this Chapter applies to a flight subject to the ... Air Operations Regulation.

Public transport – special rule for associations of persons

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• (1) A transaction is effected in accordance with this paragraph if, under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member of the association on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that valuable consideration would be given or promised if the transaction were effected in a different manner.

• (2) If a transaction is effected in accordance with paragraph (1) valuable consideration is, for the purposes of this Order, deemed to have been given or promised, notwithstanding any rule of law as to such transactions.

Public transport – special rule for groups of companies

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• (1) For the purposes of article 6(2)(b)(i), there is to be disregarded any valuable consideration given or promised for a flight or the purpose of a flight by one company to another company which is—

• (a) its holding company;

• (b) its subsidiary; or

• (c) another subsidiary of the same holding company.

• (2) In this article, “holding company” and “subsidiary” have the meanings respectively specified in section 1159 of the Companies Act 2006 .

Public transport and commercial operations – exceptions – flying displays

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• (1) A flight is, for the purposes of Part 4, Part 5 and Part 6, a non-commercial flight if—

• (a) the flight is of a sort described in paragraph (2); and

• (b) there has been no valuable consideration or the only valuable consideration for the flight ... is of a sort described in paragraph (3).

• (2) A flight is of a sort described in this paragraph if it is—

• (a) wholly or principally for the purpose of taking part in an aircraft race, contest or flying display;

• (b) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (a) and is made with the intention of carrying out such a flight; or

• (c) for the purpose of returning after such a flight as is specified in sub-paragraph (a) to a place at which the aircraft is usually based.

• (3) Valuable consideration is of a sort described in this paragraph if it is one or more of the following—

• (a) valuable consideration given or promised to the owner or operator of an aircraft taking part in such a race, contest or flying display where such valuable consideration is not more than the direct costs of the flight and a contribution to the annual costs of the aircraft which contribution bears no greater proportion to the total annual costs of the aircraft than the duration of the flight bears to the annual flying hours of the aircraft; or

• (b) one or more prizes awarded to the pilot in command of an aircraft taking part in an aircraft race or contest to a value which does not exceed £500 for any one race or contest except with the permission of the CAA granted to the organiser of the race or contest.

• (4) Any prize falling within paragraph (3)(b) is deemed for the purposes of this Order not to constitute remuneration for services as a pilot.

Public transport and commercial operations – exceptions – charity flights

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A flight is a non-commercial flight if there has been no valuable consideration or the only valuable consideration given or promised for the flight ... is one or more of the following—

• (a) valuable consideration given or promised to a registered charity which is not the operator of the aircraft; or

• (b) valuable consideration for which the CAA has otherwise given permission.

Public transport and commercial operations – exceptions – cost sharing

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• (1) A flight is a non-commercial flight if—

• (a) there has been no valuable consideration or the only valuable consideration given or promised for the flight to the pilot by the passengers ... is a contribution to the direct costs of the flight otherwise payable by the pilot in command; and

• (b) the criteria in paragraph (2) are satisfied.

• (2) The criteria of this paragraph are satisfied if—

• (a) no more than six persons (including the pilot) are carried on the flight;

• (b) all costs other than direct costs are paid by the pilot with no contribution from the passengers;

• (c) the contribution referred to in paragraph (1)(a) is an amount not more than the total direct costs divided equally by the number of persons carried (including the pilot);

• (d) the flight is operated by a private individual;

• (e) no person acting as a pilot is employed as a pilot or acting under a contract for the provision of services as a pilot for the flight;

• (f) passengers undertaking the flight are clearly advised that the flight does not meet the same safety standards as a Commercial Air Transport (CAT) or Public Transport (PT) flight;

• (g) for each passenger, a record is made attesting to—

• (i) their having been clearly advised that the flight does not meet the same safety standards as a CAT or PT flight; and

• (ii) their acceptance of this fact as indicated by their signed declaration to this effect;

• (h) the records referred to in paragraph (g) are—

• (i) completed prior to the flight;

• (ii) retained by the operator of the flight for a period of 6 months from the date of the flight; and

• (iii) produced by the operator of the flight when requested by an Authorised Person; and

• (i) where advertisement or promotion of the flight occurs, the advertisement or promotion satisfies the criteria in paragraph (3).

• (3) The criteria of this paragraph are satisfied if an advertisement or promotion of a flight—

• (a) is placed by the pilot or operator of the flight;

• (b) makes it clear that the flight is a private arrangement not conducted in accordance with CAT or PT safety standards; and

• (c) includes—

• (i) the start and end locations of the flight;

• (ii) the date when the pilot is available to conduct the flight;

• (iii) the licence type held by the pilot;

• (iv) the class of medical certificate or medical declaration held by the pilot;

• (v) the total number of hours flown by the pilot; and

• (vi) the total number of hours flown by the pilot in the advertised aircraft type in the three months prior to the advertisement being placed.

Public transport and commercial operations – exceptions – parachuting

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A flight is a commercial operation flight if it is a flight in respect of which valuable consideration has been given or promised for the carriage of passengers and which is for the purpose of—

• (a) the dropping of persons by parachute ... in accordance with the terms of a parachuting permission granted by the CAA under article 90;

• (b) positioning the aircraft for such a flight as is specified in paragraph (a) and which—

• (i) is made with the intention of carrying out such a flight; and

• (ii) on which no person is carried other than a person permitted to be carried on the flight in accordance with the terms of a parachuting permission granted under article 90; or

• (c) returning after such a flight as is specified in paragraph (a) to the place at which the persons carried on such a flight are usually based and on which flight no persons are carried other than persons carried on the flight specified in paragraph (a).

Public transport – exceptions – introductory flights

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• (1) This article applies to an introductory flight (as defined in article 2 of the ... Air Operations Regulation) which meets the criteria and conditions described in article 6(4a)(c) of that Regulation.

• (2) A flight to which this article applies—

• (a) is—

• (i) a commercial flight for the purposes of Part 4; and

• (ii) a non-commercial flight for all other purposes; and

• (b) must—

• (i) except when conducted by gliders or balloons, start and end at the same site;

• (ii) be operated by day and in compliance with the Visual Flight Rules;

• (iii) be overseen by a person nominated by the relevant organisation mentioned in article 6(4a)(c) of the ... Air Operations Regulation to be responsible for the safety of those involved; and

• (iv) comply with any other conditions which may be specified by the CAA.

Public transport and commercial operations – exceptions – glider towing

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A flight for the purpose of glider towing is a non-commercial flight if it meets the criteria and conditions relating to sailplane towing described in article 6(4a)(c) of the ... Air Operations Regulation.

PART 2 — Application of the Order

Extra-territorial effect of the Order

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• (1) Except where the context otherwise requires, the provisions of this Order, in so far as they apply (whether by express reference or otherwise)—

• (a) to aircraft registered in the United Kingdom, apply to such aircraft wherever they may be; and

• (b) to other aircraft, apply to such aircraft when they are within the United Kingdom or on or in the neighbourhood of an offshore installation.

• (2) Except where the context otherwise requires, the provisions of this Order in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything—

• (a) by persons in, or by any of the crew of, any aircraft registered in the United Kingdom, apply to such persons and crew, wherever they may be;

• (b) in relation to any aircraft registered in the United Kingdom by other persons, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be; and