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The Air Navigation Order 2016

Type Statutory-Instrument

Publication 2016-07-13

Last updated 2026-03-03

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) Subject to paragraphs (3) and (4), the operator of an aircraft to which this article applies must establish and include in the operations manual or the police operations manual relating to the aircraft the required information.

(3) In relation to any flight where—

(a) neither an operations manual nor a police operations manual is required by this Order; or

(b) it is not practicable to include the required information in the operations manual or the police operations manual,

the operator must comply with paragraph (4).

(4) If this paragraph applies the operator of the aircraft must—

(a) before the commencement of the flight, cause to be supplied in writing to the pilot in command of the aircraft the required information calculated in accordance with the required data and instructions provided in accordance with paragraph (5) or (6); and

(b) cause a copy of the required information to be retained on the ground for at least three months after the flight.

(5) The operator of an aircraft for which an operations manual or a police operations manual is required by this Order must include in that operations manual the required data and instructions.

(6) The operator of an aircraft for which neither an operations manual nor a police operations manual is required by this Order must—

(a) before the commencement of the flight, cause to be supplied in writing to the pilot in command of the aircraft the required data and instructions; and

(b) cause a copy of the required data and instructions to be retained on the ground for at least three months after the flight.

(7) The specified aerodrome operating minima must not permit a landing or take-off in circumstances where the relevant aerodrome operating minima declared by the competent authority would prohibit it, unless that authority otherwise permits in writing.

(8) In establishing aerodrome operating minima for the purposes of this article the operator of the aircraft must take into account—

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

(b) the composition of its crew;

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

(e) in relation to any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use—

(i) whether or not there are such aids in use at the relevant aerodrome;

(ii) the nature of any such aids that are in use; and

(iii) the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids.

(9) The operator must establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which may reasonably be expected.

(10) An aircraft to which this article applies must not commence a flight at a time when—

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

(b) according to the information available to the pilot in command of the aircraft it would not be able without contravening paragraphs (11) or (12), to land at the aerodrome of intended destination at the estimated time of arrival there and at any destination alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.

(11) An aircraft to which article 116 applies, when making a descent to an aerodrome, must not descend from a height of 1,000 feet or more above the aerodrome to a height less than 1,000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

(12) An aircraft to which this article applies, when making a descent to an aerodrome, must not—

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

(b) descend below the relevant specified minimum descent height,

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

(13) If, according to the information available, an aircraft would as regards any flight be required to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot in command of the aircraft must select before take-off a destination alternate aerodrome unless no aerodrome suitable for that purpose is available.

(14) In this article—

“the required information” means detailed information about the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every destination alternate aerodrome;

“specified” in relation to aerodrome operating minima means such detailed information about aerodrome operating minima as has been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or supplied in writing to the pilot in command of the aircraft by the operator in accordance with paragraph (4); and

“the required data and instructions” means such data and instructions as will enable the pilot in command of the aircraft to calculate the aerodrome operating minima appropriate to aerodromes the use of which cannot reasonably have been foreseen by the operator before the commencement of the flight.

Public transport aircraft registered elsewhere than in the United Kingdom – aerodrome operating minima

132

(1) This article applies to public transport aircraft registered elsewhere than in the United Kingdom.

(2) An aircraft to which this article applies must not fly in or over the United Kingdom unless the operator has made available to the flight crew aerodrome operating minima which comply with paragraph (3) for every aerodrome at which it is intended to land or take off and every destination alternate aerodrome.

(3) The aerodrome operating minima provided in accordance with paragraph (2) must be no less restrictive than either—

(a) minima calculated in accordance with the notified method for calculating aerodrome operating minima; or

(b) minima which comply with the law of the country in which the aircraft is registered,

whichever are the more restrictive.

(4) An aircraft must not undertake low visibility operations otherwise than under and in accordance with the terms of an approval to do so granted in accordance with the law of the country in which it is registered.

(5) An aircraft must not take off from or land at an aerodrome in the United Kingdom in contravention of the specified aerodrome operating minima.

(6) Without prejudice to paragraphs (4) and (5), when making a descent to an aerodrome an aircraft must not descend from a height of 1,000 feet or more above the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

(7) Without prejudice to paragraphs (4) and (5), when making a descent to an aerodrome an aircraft must not—

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

(b) descend below the relevant specified minimum descent height,

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

(8) In this article, “specified” means specified by the operator in the aerodrome operating minima made available to the flight crew under paragraph (2).

A to A commercial air transport aeroplane operations and public transport flights by aeroplanes at night or in specified meteorological conditions

133

(1) This article applies to any aeroplane which is—

(a) registered elsewhere than in the United Kingdom;

(b) powered by one power unit only; and

(2) An aeroplane to which this article applies must not fly—

(a) at night; or

(b) when there is prevailing at the aerodrome of departure or forecast for the estimated time of landing at the aerodrome at which it is intended to land or at any destination alternate aerodrome—

(i) a cloud ceiling of less than 1,000 feet; or

(ii) visibility of less than one nautical mile.

SECTION 8 — State aircraft operations

Requirement for, and grant of, police air operator's certificate

134

(1) A flight by an aircraft registered in the United Kingdom in the service of a police authority is, for the purposes of this Order, deemed to be a public transport flight.

(2) If any passenger is carried on such a flight it is deemed to be for the purpose of the public transport of passengers.

(3) Save as otherwise expressly provided, the provisions of this Order and of any regulations made under this Order must be complied with in relation to a flight in the service of a police authority as if that flight were for the purpose of public transport or the public transport of passengers.

(4) An aircraft registered in the United Kingdom must not fly on any flight in the service of a police authority otherwise than under and in accordance with the terms of—

(a) a police air operator's certificate granted to the operator;

(b) a national air operator's certificate granted to the operator;

(i) a Part-CAT air operator certificate granted to the operator; and

(ii) Part-CAT and Part-ORO as though the flight were a commercial air transport operation; or

(d) a permission given by the CAA.

(5) TheCAAmust grant a police air operator’s certificate if it is satisfied that the applicant is competent to secure that the operation of aircraft of the types specified in the certificate will be as safe as is appropriate when flying on flights of the description and for the purposes specified, having regard in particular to the applicant’s—

(a) previous conduct and experience; and

(b) equipment, organisation, staffing, maintenance and other arrangements.

Police operations manual

135

(1) This article applies to an aircraft flying, or intended by the operator of the aircraft to fly, solely under and in accordance with the terms of a police air operator's certificate.

(2) An aircraft to which this article applies must not fly except under and in accordance with the terms of Part 1 and Part 2 of a police operations manual, Part 1 of which must have been approved for the aircraft by the CAA.

(3) The operator of every aircraft to which this article applies must—

(a) make available to each member of its operating staff a police operations manual which complies with paragraph (4);

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

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

(4) A police operations manual complies with this paragraph if it contains all information and instructions necessary to enable the operating staff to perform their duties as such.

(5) An aircraft to which this article applies must not fly unless, at least 30 days before such flight, the operator of the aircraft has supplied to the CAA a copy of Part 2 of the police operations manual in effect for the aircraft.

(6) Any amendments or additions to Part 2 of the police operations manual must be supplied to the CAA by the operator before or immediately after they come into effect.

(7) If an amendment or addition relates to the operation of an aircraft to which the police operations manual did not previously apply, that aircraft must not fly in the service of a police authority under and in accordance with the terms of the police operator's certificate until the amendment or addition has been supplied to the CAA.

(8) The operator must make such amendments or additions to the police operations manual as the CAA may require for the purpose of ensuring the safety of the aircraft, or of persons or property carried in it, or for the safety, efficiency or regularity of air navigation.

PART 6 — Aircrew

CHAPTER 1 — Flight crew licensing – requirement for licence

Requirement for appropriate licence to act as member of flight crew of Part-21 aircraft registered in the United Kingdom

136

(1) Subject to paragraph (2), a person must not act as a pilot of a Part-21 aircraft that is registered in the United Kingdom without holding an appropriate licence granted, converted or rendered valid under—

(a) the Aircrew Regulation;

(b) the Sailplane Regulation; or

(2) A person may act as a pilot of a Part-21 aircraft without holding an appropriate licence granted, converted or rendered valid under the ... Aircrew Regulation , Sailplane Regulation or Balloon Regulation when undergoing flying training, including solo flying training authorised and supervised by a flight instructor.

(3) Subject to the exceptions set out in articles 139 and 144 a person must not act as a flight radiotelephony operator, a flight engineer or a flight navigator of a Part-21 aircraft that is registered in the United Kingdom without holding an appropriate licence granted or rendered valid under this Order.

Requirement for appropriate licence to act as member of flight crew of non-Part-21 aircraft registered in the United Kingdom

137

(1) Subject to articles 139 to 147, a person must not act as a member of the flight crew of an aircraft to which this paragraph applies without holding an appropriate licence granted or rendered valid under this Order.

(2) Paragraph (1) applies to any non-Part-21 aircraft registered in the United Kingdom other than such an aircraft that is referred to in paragraph (1)(a)(ii), (d) or (g) of Annex I of the Basic ... Regulation and that is flying for the purpose of commercial air transport (an “excepted aircraft”).

(3) A person must not act as a member of the flight crew of an excepted aircraft unless—

(a) the person acts as a flight radiotelephony operator, flight engineer or flight navigator and holds an appropriate licence granted or rendered valid under this Order; or

(b) the person holds an appropriate licence granted, converted or rendered valid under the ... Aircrew Regulation.

Appropriate licence

138

An appropriate licence for the purposes of this Part and Schedule 8 means a licence which entitles the holder to perform the functions being undertaken in relation to the aircraft concerned on the particular flight.

Flight crew licence requirement – exception to act as flight radiotelephony operator

139

(1) A person may act as a flight radiotelephony operator within the United Kingdom, the Channel Islands and the Isle of Man without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) apply.

(2) The conditions referred to in paragraph (1) are that the person is—

(a) the pilot of a balloon or glider and does not communicate by radiotelephony with any air traffic control unit, flight information unit or air/ground communications service unit; or

(b) being trained in an aircraft registered in the United Kingdom to perform duties as a member of the flight crew of an aircraft.

Flight crew licence requirement – exception for solo flying training in non-Part-21 aircraft

140

(1) A person may act as pilot in command of a non-Part-21 aircraft for the purpose of becoming qualified for the grant or renewal of a pilot's licence or the inclusion or variation of any rating or certificate in a pilot's licence within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) are satisfied.

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

(a) the person is at least 16 years of age unless the aircraft is a balloon or a glider, in which case the person must be at least 14 years of age;

(b) the person satisfies the requirements of paragraph (3);

(d) the aircraft is not flying for the purpose of commercial air transport, public transport or commercial operation other than commercial operation which consists of the giving of instruction in flying or the conducting of flying examinations; and

(e) the person acts in accordance with instructions given by another person holding a pilot's licence granted under this Order or a Part-FCL licence, in each case being a licence which includes a flight instructor rating, a flight instructor certificate or a flight instructor (restricted) certificate entitling that other person to give instruction in flying the type of aircraft being flown.

(3) A person satisfies the requirements of this paragraph if the person—

(a) is the holder of a valid medical certificate issued in accordance with article 161 and complies with any conditions subject to which that certificate was issued;

(b) is the holder of a valid medical certificate issued in accordance with paragraph MED.A.030 of Part-MED and complies with any conditions subject to which that certificate was issued; or

(c) is the holder of a valid medical declaration made in accordance with article 163 which would be required by virtue of article 163(2) for the person to exercise the privileges of the relevant licence or rating.

Flight crew licence requirement – exception for dual flying training in non-Part-21 aircraft

141

(1) A person may act as pilot of a non-Part-21 aircraft of which the flight crew required to be carried by or under this Order is not more than one pilot for the purpose of becoming qualified for the grant or renewal of a pilot's licence or the inclusion or variation of any rating or certificate in a pilot's licence within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) are satisfied.

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

(a) the aircraft is not flying for the purpose of commercial air transport, public transport or commercial operation other than commercial operation which consists of the giving of instruction in flying or the conducting of flying examinations;

(b) the person acts in accordance with instructions given by another person holding a pilot's licence granted under this Order or a Part-FCL licence, in each case being a licence which includes a flight instructor rating, a flight instructor certificate or an flight instructor (restricted) certificate entitling that other person to give instruction in flying the type of aircraft being flown; and

(i) dual controls and the person is accompanied in the aircraft by the instructor who is seated at the other set of controls; or

(ii) controls designed for and capable of use by two persons and the person is accompanied in the aircraft by the instructor who is seated so as to be able to use the controls.

Flight crew licence requirement – exception for balloons

142

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Flight crew licence requirement – exception for pilot undergoing training or tests in non-Part-21 aircraft

143

(1) Unless the certificate of airworthiness in force for the aircraft otherwise requires, a person may act as pilot of a non-Part-21 aircraft registered in the United Kingdom for the purpose of undergoing training or tests for the grant or renewal of a pilot's licence or for the inclusion, renewal or extension of a rating or certificate without being the holder of an appropriate licence, if the conditions in paragraph (2) and either paragraph (3) or (4) are satisfied.

(2) The condition first referred to in paragraph (1) is that no other person is carried in the aircraft or in an aircraft which it is towing except—

(a) a person carried as a member of the flight crew in compliance with this Order;

(b) a person authorised by the CAA to witness the training or tests or to conduct the tests; or

(c) if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft.

(3) The conditions secondly referred to in paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—

(a) within the preceding six months was serving as a qualified pilot of an aircraft in any of Her Majesty's naval, military or air forces; and

(b) the person's physical condition has not, so far as the person is aware, so deteriorated during that period as to render the person unfit for the licence or rating for which the training or tests are being given or conducted.

(4) The conditions thirdly referred to in paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—

(a) holds a Part-FCL licence or a pilot's, a flight navigator's or a flight engineer's licence granted under article 152;

(b) the purpose of the training or tests is to enable that person to qualify under this Order for the grant of a pilot's licence or for the inclusion of an additional type in the aircraft rating in that person's licence; and

Flight crew licence requirement – exception for navigators and flight engineers in non-Part-21 aircraft

144

A person may act as a member of the flight crew (otherwise than as a pilot) of a non-Part-21 aircraft registered in the United Kingdom without being the holder of an appropriate licence if—

(a) the flight is for the purpose of undergoing training or tests for the grant or renewal of a flight navigator's or a flight engineer's licence or for the inclusion, renewal or extension of a rating in such a licence; and

(b) the person acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

Flight crew licence requirement – exception for members of HM Forces

145

A person may act as a member of the flight crew of an aircraft registered in the United Kingdom without being the holder of an appropriate licence if, in so doing, the person is acting in the course of his or her duty as a member of any of Her Majesty's naval, military or air forces.

Flight crew licence requirement – exception for non-Part-21 gliders

146

A person may act as the pilot in command or co-pilot of a non-Part-21 glider without being the holder of an appropriate licence if the flight is not for the purpose of public transport.

Flight crew licence requirement – exception for non-Part-21 aircraft where CAA permission granted

147

(1) Nothing in this Order prohibits the holder of a pilot's licence from acting as pilot of a non-Part-21 aircraft certificated for single pilot operation if the holder is testing any person for the purposes of articles 152(1) and (8), 154(2), 155(2), 156 or 157 with the permission of the CAA.

(2) Paragraph (1) applies even though—

(a) the type of aircraft in which the test is conducted is not specified in an aircraft rating included in the licence; or

(b) the licence or personal flying log book does not include a valid certificate of test, experience or revalidation for the type of aircraft.

Requirement for appropriate licence to act as member of flight crew of ... aircraft registered elsewhere than in the United Kingdom

148

(1) Subject to paragraph (2), this article applies to any ... aircraft registered in a country other than the United Kingdom.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person must not act as a member of the flight crew which must by or under this Order be carried in an aircraft to which this article applies unless—

(a) in the case of an aircraft flying for the purpose of commercial air transport, public transport or commercial operation, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or

(b) in the case of an aircraft on a non-commercial flight and where the operator of the aircraft is neither resident nor established in the United Kingdom, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order and the CAA does not give a direction to the contrary; or

(c) in the case of an aircraft on a non-commercial flight, where the operator of the aircraft is resident or established in the United Kingdom, that person is the holder of the appropriate licence granted or rendered valid under the Aircrew Regulation.

Requirement for appropriate licence to act as member of flight crew of EASA aircraft and specified non-EASA aircraft registered elsewhere than in the United Kingdom

149

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deeming a non-United Kingdom flight crew licence and any Part-FCL or Part-BFCL licence valid for non-Part-21 aircraft registered in the United Kingdom and deeming a non-United Kingdom radiotelephony licence valid for any aircraft

150

(1) Subject to paragraph (2), this article applies to any licence which authorises the holder to act as a member of the flight crew of an aircraft and is—

(a) granted under the law of a Contracting State other than the United Kingdom ...;

(b) granted under the law of a relevant overseas territory; ...

(d) in the case of a balloon, a Part-BFCL licence.

(2) This article does not apply to such a licence if it authorises the holder to act as a student pilot only.

(3) Subject to paragraph (6), for the purposes of this Part, a licence to which this article applies is, unless the CAA gives a direction to the contrary, deemed to be a licence rendered valid under this Order in respect of a non-Part-21 aircraft registered in the United Kingdom.

(4) Subject to paragraph (5), the privileges of a licence deemed valid under paragraph (3) are restricted so that it does not entitle the holder to act as a member of the flight crew of any aircraft flying for the purpose of public transport or commercial air transport.

(5) The restriction in paragraph (4) does not apply to a Part-FCL licence or a Part-BFCL licence.

(6) A Part-FCL licence with single-engine piston aeroplane privileges is not deemed to be rendered valid for a microlight aeroplane unless the holder of the licence has undergone differences training in accordance with Chapter 2 of Part 2 of Schedule 8, appropriate for a microlight aeroplane class rating.

(7) A Part-FCL licence which—

(a) authorises the holder to exercise the privileges of a Part-FCL light aircraft pilot licence or a Part-FCL private pilot licence; and

(b) is valid in all respects save that the holder does not hold a medical certificate,

is deemed to be a licence rendered valid under this Order if the requirements of paragraph (8) are satisfied.

(8) The requirements are that the holder—

(a) has made a medical declaration in accordance with article 163(3); and

(b) complies with the conditions in article 163(5).

(9) The holder of a Part-FCL licence deemed to be rendered valid under paragraph (7) may only exercise the privileges of an equivalent private pilot licence granted under article 152.

Permission required where pilot's licence does not meet relevant minimum standards

151

(1) This article applies to any pilot's licence ..., endorsed to the effect that the holder does not satisfy in full the relevant minimum standards established under the Chicago Convention.

(2) The holder of such a licence, which has been granted or rendered valid under this Order, must not act as a member of the flight crew of an aircraft registered in the United Kingdom in or over the territory of a Contracting State other than the United Kingdom, except in accordance with a permission granted by the competent authority of that State.

(3) The holder of a pilot's licence, which has been granted or rendered valid under the law of a Contracting State other than the United Kingdom, must not act as a member of the flight crew of any aircraft in or over the United Kingdom except in accordance with a permission granted by the CAA, whether or not the licence is rendered valid under this Order.

CHAPTER 2 — Flight crew licensing – grant of licence and maintenance of privileges

Grant, renewal and privileges of United Kingdom flight crew licences

152

(1) Subject to article 172, the CAA or a person approved by the CAA for that purpose must grant licences of any of the classes specified in Part 1 of Schedule 8, authorising the holder to act as a member of the flight crew of a non-Part-21 aircraft registered in the United Kingdom, if it is satisfied that the applicant is—

(a) a fit person to hold the licence; and

(b) qualified by having the knowledge, experience, competence, skill and physical and mental fitness to act in the capacity to which the licence relates.

(2) For the purposes of paragraph (1) the applicant must supply such evidence and undergo such assessments, examinations and tests (including in particular medical assessments and examinations) and undertake such courses of training as the CAA or a person approved by the CAA for that purpose may require.

(3) A licence granted under this article is not valid unless it has been signed by the holder in ink or indelible pencil.

(4) Subject to article 253—

(a) a licence granted under this article remains in force for the period indicated in the licence, not exceeding the period specified for a licence of that class in Part 1 of Schedule 8;

(b) if no period is indicated in the licence, it remains in force for the lifetime of the holder.

(5) A licence granted under this article may be renewed by the CAA or a person approved by the CAA for that purpose on being satisfied that the applicant is a fit person and is qualified in accordance with paragraph (1).

(6) A licence granted under this article must not be granted to any person who is under the minimum age specified for that class of licence in Part 1 of Schedule 8.

(7) Nothing in this Order obliges the CAA or a person approved by the CAA for that purpose to accept an application for the issue of a National Private Pilot's Licence when the application is not supported by such reports from such persons approved under article 268 as the CAA or a person approved by the CAA for that purpose may specify, either generally or in a particular case or class of cases.

(8) Subject to any conditions of the licence including those specified in Part 1 of Schedule 8, the other provisions of this Part and article 253, a licence of any class entitles the holder to exercise the privileges specified for that licence in Chapter 2 of Part 1 of that Schedule under the heading “Privileges” or Chapter 3 of Part 1 of that Schedule under the heading “Privileges and conditions” on a non-Part-21 aircraft.

(9) The CAA or a person approved by the CAA for that purpose may grant a licence subject to such conditions it deems appropriate.

Ratings and certificates

153

(1) The CAA may include—

(a) in any United Kingdom licence any rating or certificate specified in Chapter 1 or 2 of Part 2 of Schedule 8;

(b) in any National Private Pilot's Licence (Aeroplanes) any rating or certificate specified in Chapter 2 of Part 2 of Schedule 8;

(2) The CAA must include a rating or certificate if it is satisfied that the applicant is qualified by having the knowledge, experience, competence, skill and physical and mental fitness to act in the capacity to which the rating or certificate relates.

(3) A rating or certificate is deemed to form part of the licence.

(4) A rating or certificate of any class entitles the holder of the licence in which the rating or certificate is included to exercise the privileges specified for that rating or certificate in Part 2 of Schedule 8 on a non-Part-21 aircraft.

(5) The CAA may grant a rating or certificate subject to such conditions as it deems appropriate.

Maintenance of privileges of aircraft ratings specified in Chapter 1 of Part 2 of Schedule 8 in United Kingdom pilot licences for balloons, airships and gyroplanes

154

(1) This article applies to United Kingdom airship, balloon and gyroplane licences.

(2) Subject to paragraph (3), the holder of such a pilot licence is not entitled to exercise the privileges of an aircraft rating specified in Chapter 1 of Part 2 of Schedule 8 which is included in the licence on a flight unless—

(a) the licence has a certificate of revalidation for the rating;

(b) the certificate is appropriate to the functions to be performed on that flight in accordance with Chapter 1 of Part 3 of Schedule 8; and

(3) The holder of a United Kingdom Private Pilot's Licence (Balloons and Airships) is entitled to exercise the privileges of an aircraft rating specified in Chapter 1 of Part 2 of Schedule 8 which is included in the licence on a flight if the licence does not have a certificate referred to in paragraph (2) , provided that on the day of the flight the holder complies with the relevant requirements of BFCL.160 of the Balloon Regulation.

(4) The relevant requirements of BFCL.160 referred to in paragraph (3) are—

(a) before 1st October 2029, all of BFCL.160 except paragraph (a)(1)(ii);

(b) on or after 1st October 2029, all of BFCL.160.

Maintenance of privileges of aircraft ratings specified in Chapter 1 of Part 2 of Schedule 8 in United Kingdom pilot licences for balloons, airships and gyroplanes

155

(1) This article applies to United Kingdom aeroplane and helicopter licences specified in Chapter 2 of Part 1 of Schedule 8.

(2) The holder of a licence to which this article applies is not entitled to exercise the privileges of an aircraft rating specified in Chapter 1 of Part 2 of Schedule 8 which is included in the licence on a flight unless—

(a) the licence has a certificate of revalidation for the rating;

(b) the certificate is appropriate, issued and valid in accordance with Chapter 1 of Part 3 of Schedule 8; and

(c) the holder has undertaken the differences training specified in paragraph FCL 710 of Part-FCL and detailed information about that differences training has been entered in the holder’s personal flying log by the instructor who provided the training.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance of privileges of other certificates and ratings specified in Chapter 1 of Part 2 of Schedule 8

156

(1) The holder of a United Kingdom licence is not entitled to exercise the privileges of a certificate or rating specified in paragraph (2) unless—

(a) the licence in which the certificate or rating is included has a certificate of revalidation; and

(b) the certificate of revalidation is appropriate, issued and valid in accordance with Chapter 1 or 2 of Part 3 of Schedule 8.

(2) The certificates and ratings referred to in paragraph (1) are—

(a) an instrument meteorological conditions rating (aeroplanes);

(b) an instrument rating (aeroplane);

(d) any instructor certificate.

Maintenance of privileges of certificates and ratings specified in Chapters 2 and 3 of Part 2 of Schedule 8

157

(1) Except as provided for by paragraph (2), the holder of a National Private Pilot’s Licence or Light Aircraft Pilot’s Licence is not entitled to exercise the privileges of any certificate or rating specified in Chapter 2 or 3 of Part 2 of Schedule 8 which is included in the licence unless—

(a) the licence includes a certificate of revalidation for the certificate or rating; and

(b) the certificate of revalidation is appropriate, issued and valid in accordance with the relevant entry for the rating in Chapters 1 or 2 of Part 3 of Schedule 8.

(2) The holder of a Light Aircraft Pilot’s Licence (Helicopters) may exercise the privileges of an aircraft rating included in the licence without a certificate referred to in paragraph (1)(a) provided that at the time of the intended flight they have complied with FCL.135.H and FCL.140.H of the Aircrew Regulation as appropriate to the aircraft flown.

Maintenance of privileges of Flight Engineers' Licences

158

The holder of a United Kingdom Flight Engineer's Licence is not entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless—

(a) the licence has a certificate of revalidation for the rating; and

(b) the certificate is appropriate, issued and valid in accordance with Chapter 1 of Part 3 of Schedule 8.

Maintenance of privileges of Flight Navigators' Licences

159

The holder of a United Kingdom Flight Navigator's Licence is not entitled to exercise the privileges of the licence on a flight to which article 111 applies unless—

(a) the licence has a certificate of revalidation; and

(b) the certificate is appropriate, issued and valid in accordance with Chapter 1 of Part 3 of Schedule 8.

CHAPTER 3 — Medical certificates

Requirement for a medical certificate for a United Kingdom licence

160

(1) This article applies to any licence granted under article 152.

(2) Subject to article 163, the holder of a licence to which this article applies is not entitled to perform any of the functions to which the licence relates unless—

(a) the licence includes a valid medical certificate issued under article 161; or

(b) the holder of the licence has a valid medical certificate issued under Part-MED that is not a Light Aircraft Pilot Licence medical certificate.

Issue and validity of a medical certificate for a United Kingdom licence

161

(1) The CAA may approve a person to carry out a medical assessment or examination for the purposes of this article and to issue a medical certificate in accordance with paragraph (6).

(2) An approval may be granted generally or in a particular case or class of cases.

(3) Every applicant for, or holder of, a licence under article 152 must, whenever the CAA requires, submit to a medical assessment or examination by a person approved by the CAA.

(4) The approved person must make a report of the assessment or examination to the CAA in such form as the CAA may require.

(5) On the basis of such medical assessment or examination, the approved person must assess whether the applicant for or holder of the licence meets the requirements specified by the CAA.

(6) If the approved person assesses the applicant for or holder of the licence as meeting the requirements specified by the CAA, the approved person must issue a certificate to that effect.

(7) Subject to articles 166(3) and 253, a medical certificate is valid for the period specified in the certificate.

(8) A medical certificate forms part of the licence.

Requirement for a Part MED medical certificate for a Part-FCL , Part-SFCL or Part-BFCL licence

162

The holder of a Part-FCL , Part-SFCL or Part-BFCL licence is not entitled to exercise any of the privileges of the licence unless the holder—

(a) has a valid medical certificate in accordance with point MED.A.030 of Part-MED, or

(b) has made a medical declaration in accordance with article 163(3) and complies with the conditions in article 163(5).

Medical requirements for specified United Kingdom licences and National Private Pilot's Licences

163

(1) In this article, a specified licence means—

(a) a National Private Pilot's Licence or United Kingdom Private Pilot's Licence; or

(b) a United Kingdom Commercial Pilot's Licence (Balloons) that is restricted to commercial operation and to the privileges of a United Kingdom Private Pilot's Licence (Balloons and Airships).

(2) Subject to paragraph (7), the holder of a specified licence, or of a licence which includes the privileges of a specified licence, may exercise any of the privileges of the specified licence if the holder has—

(a) a valid medical certificate issued under article 161;

(b) a medical certificate granted under Section 2 of Subpart A of Part-MED, including one which is valid for a Light Aircraft Pilot Licence issued under Part-FCL; or

(c) made a medical declaration in accordance with paragraph (3) which has not ceased to be valid in accordance with paragraph (4) and the holder complies with the conditions in paragraph (5).

(3) The holder of a licence makes a medical declaration in accordance with this article if they—

(a) reasonably believe that they—

(i) meet the medical requirements for a Group 1 Licence issued by the Driver and Vehicle Licensing Agency; and

(ii) are not subject to a disqualifying medical condition.

(b) make a declaration to that effect to the CAA in such form and in such manner as may be required or specified by the CAA; and

(4) A declaration made in accordance with paragraph (3)—

(a) ceases to be valid if it is withdrawn;

(b) must be withdrawn by the holder if they no longer reasonably believe that they satisfy the requirements of paragraph (3);

(i) no longer meets the medical requirements in paragraph (3)(a)(i); or

(ii) is subject to a disqualifying medical condition.

(5) The holder of a licence who does not have a medical certificate and relies on satisfying the requirements of paragraph (3) may only exercise the privileges of the licence—

(a) in an aircraft with a maximum take-off mass of 5,700kg or less;

(b) with not more than three passengers on board;

(d) in visual meteorological conditions or when exercising the privileges of an instrument meteorological conditions rating; and

(e) within the United Kingdom unless the holder has the permission of the competent authority for the airspace in which the aircraft is being flown.

(6) For the purposes of this article, “disqualifying medical condition” means any physical or mental condition or illness, or any history of such a condition or illness, including—

(a) any alcohol or drug abuse, addiction or misuse;

(b) any neurological condition;

(d) any surgery or medical treatment;

(e) any collapse, fainting or loss of consciousness;

(f) any history of (a) to (e); or

(g) such other medical conditions as the CAA may specify,

that might impair the safe operation of normal flight controls or render the licence holder unfit at any time to perform any function for which the licence is granted.

(7) The holder of a specified licence wishing to exercise night rating privileges must additionally meet the colour vision requirements of MED.B.075 of Part-MED in order to be so entitled.

Issue of Light Aircraft Pilot Licence medical certificates

164

(1) For the purposes of MED.D.035(a)(2) of Part-MED, the requirements for a general medical practitioner to act as an authorised aeromedical examiner in relation to the issue, revalidation or renewal of Light Aircraft Pilot Licence medical certificates in accordance with Part-MED are those set out in paragraph (2).

(2) The requirements referred to in paragraph (1) are that the general medical practitioner must—

(a) be in general practice or be a Medical Officer of Her Majesty's naval, military or air forces who is included in the General Practitioner Register maintained by the General Medical Council;

(b) hold a valid licence to practise medicine from the General Medical Council; and

(3) A general medical practitioner who issues a Light Aircraft Pilot Licence medical certificate must, in relation to that certificate, keep for a period of 10 years after the expiry of the certificate—

(a) the signed and completed Light Aircraft Pilot Licence medical application form;

(b) a copy of the completed assessment or examination forms; and

Occupational health medical practitioners

165

For the purposes of paragraph MED.D.040(b) of Part-MED an “occupational health medical practitioner” is any doctor listed in the Specialist Register of the General Medical Council as having specialist registration in occupational medicine.

Licence holder not to act as member of flight crew when unfit

166

(1) Subject to paragraph (6), a person (P) must not act as a member of the flight crew of an aircraft registered in the United Kingdom if P knows or suspects P’s physical or mental condition renders P temporarily or permanently unfit to perform such functions or to act in such capacity, including unfitness by reason of—

(a) injury or sickness;

(b) taking or using any prescribed or non-prescribed medication which is likely to interfere with the ability to perform such functions;

(c) receipt of any medical, surgical or other treatment that is likely to interfere with the ability to perform such functions;

(d) the effects of any psychoactive substance; or

(e) fatigue.

(2) Every holder of a medical certificate issued under article 161 ... who—

(a) suffers any personal injury involving incapacity to undertake the holder's functions as a member of the flight crew;

(b) suffers any significant illness involving incapacity to undertake those functions throughout a period of 21 days or more; or

must inform an aeromedical examiner authorised by the CAA of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 21 days has expired in the case of illness.

(3) The medical certificate ... is suspended upon the occurrence of such injury or the expiry of such period of illness or the confirmation of the pregnancy.

(4) In the case of injury or illness the suspension ceases upon—

(a) the holder being medically assessed under arrangements made by the CAA and pronounced fit to resume the holder's functions as a member of the flight crew; or

(b) the CAA exempting, subject to such conditions it deems appropriate, the holder from the requirement of a medical assessment.

(5) In the case of pregnancy, the suspension—

(a) may be lifted by the CAA or an aeromedical examiner authorised by the CAA for such period and subject to such conditions as the CAA or the aeromedical examiner thinks fit; and

(b) ceases upon the holder being medically assessed under arrangements made by the CAA after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.

(6) Paragraph (1) does not apply to the holder of a Part-FCL licence when the holder is exercising the privileges of the licence in a Part-21 aircraft.

CHAPTER 4 — Flight crew licensing – general provisions

Person not to fly after failing test

167

The holder of a licence who, on the last occasion when the holder took a test for the purposes of articles 154, 155, 156, 157, 158 or 159 failed that test, is not entitled to fly in the capacity for which that test would have qualified the holder had it been passed.

Approval of training and testing

168

The CAA may, for the purposes of articles 36 and 187, and Chapter 2 of this Part—

(a) approve any course of training or instruction;

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

Validation of licences

169

... The CAA may issue a certificate of validation rendering valid for the purposes of this Order any flight crew licence granted under the law of any country other than that of the United Kingdom.

Instruction in flying

170

(1) This article applies to instruction in flying given to any person flying or about to fly a flying machine or glider for the purpose of becoming qualified for—

(a) the grant of a pilot's licence under this Order or Part-FCL; or

(b) the inclusion, variation, renewal or revalidation of any rating, certificate or qualification in a pilot's licence under this Order or Part-FCL.

(2) A person must not give any instruction in flying to which this article applies unless—

(a) they hold a licence, granted or rendered valid under this Order or a Part-FCL licence, entitling them to act as pilot in command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and

(b) the licence includes an instructor's rating or certificate entitling the holder to give the instruction.

Glider pilots – minimum age

171

A person under 14 years of age must not act as pilot in command of a non-Part-21 glider.

Licences and ratings no longer to be granted

172

(1) The CAA must not grant—

(a) a United Kingdom Commercial Pilot’s Licence (Helicopters and Gyroplanes); or

(b) a United Kingdom Airline Transport Pilot’s Licence (Helicopters and Gyroplanes),

to any person who was not on 31st December 2002 the holder of such a licence.

(2) The CAA must not grant—

(a) a United Kingdom Private Pilot’s Licence (Balloons and Airships); or

(b) a United Kingdom Commercial Pilot’s Licence (Balloons),

to any person who was not on 30th September 2025 the holder of such a licence.

Status of licences issued by the CAA

173

(1) This article applies to pilot licences issued by the CAA prior to 17th September 2012 that were not entitled to be mutually recognised by the JAA Full Member States in accordance with JAR-FCL 1 or JAR-FCL 2.

(2) The following have effect—

(a) any United Kingdom Basic Commercial Pilot's Licence (Aeroplanes) that includes a restriction specified in paragraph (3) is deemed to be a United Kingdom Private Pilot's Licence (Aeroplanes);

(b) any United Kingdom Basic Commercial Pilot's Licence (Aeroplanes), other than a licence referred to in sub-paragraph (a), is deemed to be a United Kingdom Commercial Pilot's Licence (Aeroplanes);

(c) any JAA Commercial Pilot Licence (Aeroplane) that is endorsed to the effect that the licence does not fully comply with JAR-FCL is deemed to be a United Kingdom Commercial Pilot's Licence (Aeroplanes);

(d) any JAA Airline Transport Pilot Licence (Aeroplane) that is endorsed to the effect that the licence does not fully comply with JAR-FCL is deemed to be a United Kingdom Airline Transport Pilot's Licence (Aeroplanes); and

(e) any JAA Commercial Pilot Licence (Helicopter) that is endorsed to the effect that the licence does not fully comply with JAR-FCL is deemed to be a United Kingdom Commercial Pilot's Licence (Helicopters).

(3) A restriction referred to in paragraph (2)(a) is a restriction that the holder must not fly as pilot in command or co-pilot for the purposes of public transport or commercial operation, apart from commercial operation for—

(a) the giving of instruction in flying;

(b) the conducting of flying examinations for the purpose of this Order;

(d) the giving of flying displays; or

(e) parachute dropping.

CHAPTER 5 — Fatigue of crew and protection of crew from cosmic radiation

Application and interpretation of this Chapter

174

(1) Subject to paragraphs (2) and (4), articles 175 and 176 apply to an aircraft registered in the United Kingdom which is—

(a) flying on a public transport flight;

(b) operated by the holder of a national air operator's certificate;

(d) an aeroplane with a flight crew of one pilot flying for the purpose of commercial air transport.

(2) Article 176(1) also applies to an aircraft registered in the United Kingdom which is flying on—

(a) a non-commercial flight; and

(b) a commercial operations flight.

(3) In this Chapter—

“day” means a continuous period of 24 hours beginning at midnight Co-ordinated Universal Time;

“flight time” means all time spent by a person as a member of the crew while it is in flight in—a civil aircraft, whether or not registered in the United Kingdom, which is flying for the purpose of—commercial air transport;public transportcommercial operation; ora flight subject to Part-NCC; ora military aircraft.

(4) For the purposes of this Chapter, a helicopter is 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

175

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

(a) the operator 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 CAA;

(i) the scheme is incorporated in the operations manual required by article 116; 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 the aircraft as a member of its crew; and

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

(2) The operator of an aircraft to which this article applies must not cause or permit any person to fly as a member of its crew who the operator knows or has reason to believe 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.

(3) The operator of an aircraft to which this article applies must not cause or permit any person to fly in the aircraft as a member of its flight crew unless the operator possesses an accurate and up-to-date record for that person and for the 28 days immediately preceding the flight showing—

(a) all flight times, duty periods and rest periods; and

(b) brief details of the nature of the functions performed in the course of those flight times.

(4) Subject to article 238, the record referred to in paragraph (3) must be preserved by the operator of the aircraft for at least 12 months after the flight referred to in that paragraph.

Fatigue of crew – responsibilities of crew

176

(1) A person (P) must not act as a member of the crew of an aircraft to which this article applies if P knows or suspects P 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 must not act as a member of the flight crew of an aircraft to which this article applies without first ensuring that the operator of the aircraft is aware of their flight times during the period of 28 days preceding the flight.

Flight times – responsibilities of flight crew

177

(1) Subject to paragraphs (2) and (3), a person must 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 that person's 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 does not apply to non-commercial flights except for flights subject to Part-NCC.

(3) A person may act as a member of the flight crew on a private or commercial operation flight where the operator does not hold a national air operator's certificate if, at the time when the flight begins, the aggregate of all the flight times of the member of the flight crew concerned since last being medically examined and found fit by a person approved by the CAA for the purpose of article 161(3) is not more than 25 hours.

Protection of air crew from cosmic radiation

178

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Fatigue of crew – responsibilities of EU-OPS and Part-CAT operators

179

(1) This article applies to an operator of ... a Part-CAT aeroplane which—

(a) is registered in the United Kingdom; and

(b) has a flight crew of at least two pilots.

(2) An operator to which this article applies must not cause or permit an aircraft to fly for the purpose of commercial air transport unless—

(a) the scheme for the regulation of flight times required under Subpart Q of Annex III to the Technical Harmonisation Regulation or Part-CAT has been approved by the CAA; and

(b) the operator 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 aeroplane as a member of its crew.

PART 7 — Air traffic services

CHAPTER 1 — Air traffic services

Requirement for an air traffic control approval

180

(1) Subject to paragraph (3), a person in charge of the provision of an air traffic control service must not provide such a service for United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has, under international arrangements, undertaken to provide air navigation services unless that person has been given and complies with the terms of an air traffic control approval granted by the CAA.

(2) The CAA must grant an air traffic control approval if it is satisfied that the applicant is competent to provide a service which is safe for use by aircraft, having regard to the applicant's organisation, staffing, equipment, maintenance and other arrangements.

(3) Paragraph (1) does not apply to any person who is required to be certified under article 7 of the Service Provision Regulation.

Duty of person in charge to be satisfied as to competence of controllers

181

The holder of an approval granted under article 180 must not permit any person to act as an air traffic controller or a student air traffic controller in the provision of the service under the approval unless—

(a) that person holds an appropriate licence; and

(b) the approval holder is satisfied that the person is competent to perform the duties of an air traffic controller or a student air traffic controller.

Manual of air traffic services

182

(1) Subject to paragraph (2), a person must 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 for that place;

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

(2) Paragraph (1) does not apply to any person who is required to be certified under article 7 of the Service Provision Regulation.

Provision of air traffic services

183

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

(a) inform the CAA 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 that person; and

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

Making of an air traffic direction in the interests of safety

184

(1) The CAA may, in the interests of safety, direct the person in charge of an aerodrome that there must be provided for that aerodrome (other than a Government aerodrome) such an air traffic control service, a flight information service or a means of two way radio communication as the CAA considers appropriate.

(2) The CAA may, in the interests of safety, direct the holder of a licence to provide air traffic services granted under Part I of the Transport Act 2000 that there must be provided, for airspace specified in paragraph (3), such an air traffic control service, a flight information service or a means of two way radio communication as the CAA considers appropriate.

(3) The airspace referred to in paragraph (2) is United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has, under international arrangements, undertaken to provide air navigation services, otherwise than in respect of an aerodrome.

(4) The CAA may specify in the direction the periods during which, the times at which, the manner in which and the airspace within which such service or such means must be provided.

(5) The person who has been directed must cause such a service or means to be provided in accordance with the direction.

(6) The CAA may, pending inquiry into or consideration of the case, make a provisional air traffic direction.

(7) A provisional air traffic direction—

(a) may contain any of the requirements which may be included in an air traffic direction made in accordance with paragraph (1) or (2);

(b) has effect as though it were an air traffic direction made in accordance with paragraph (1) or (2).

Making of a direction for airspace policy purposes

185

(1) After consultation with the Secretary of State the CAA may direct any person in charge of the provision of air traffic services to provide air traffic services for United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has, under international arrangements, undertaken to provide air traffic services.

(2) A direction under paragraph (1) may be made—

(a) in the interests of ensuring the efficient use of airspace; or

(b) to require that air traffic services are provided to a standard considered appropriate by the CAA for the airspace classification.

(3) The CAA may specify in a direction under paragraph (1)—

(a) the air traffic services and the standard to which they are to be provided; and

(b) the periods during which, the times at which, the manner in which, and the airspace within which such services must be provided.

(4) The person who has been directed must cause such a service to be provided in accordance with the direction.

Use of radio call signs at aerodromes

186

The person in charge of an aerodrome provided with means of two-way radio communication must 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.

Approval of instrument flight procedures

187

(1) An instrument flight procedure within the United Kingdom must not be notified unless that procedure has been designed or approved by the CAA.

(2) The CAA must not notify or approve an instrument flight procedure unless it is satisfied that the procedure is safe for use by aircraft.

(3) Subject to paragraph (5), the CAA may approve an instrument flight procedure where an application for approval of the procedure has been made.

(4) An applicant for approval of an instrument flight procedure must supply such evidence and reports as the CAA may require.

(5) The CAA is not obliged to accept an application for the approval of an instrument flight procedure where that application is not supported by a report submitted by a person approved under paragraph (6).

(6) The CAA must grant an approval to submit reports supporting an application for approval of an instrument flight procedure if it is satisfied that the applicant is competent having regard to the applicant's organisation, staffing, equipment, knowledge, experience, competence, skill and other arrangements to design an instrument flight procedure that is safe for use by aircraft.

(7) The applicant for an approval under paragraph (6) must supply such evidence and undergo such examinations and tests and undertake such courses of training as the CAA may require.

CHAPTER 2 — Licensing of air traffic controllers

Prohibition of unlicensed student air traffic controllers and air traffic controllers

188

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person must not provide air traffic control services in the North Atlantic Shanwick Oceanic Control Area unless that person holds either a student air traffic controller licence or an air traffic controller licence specified in paragraph (4) which contains—

(a) an Area Control Surveillance Rating and an Oceanic Control endorsement; or

(b) an Area Control Procedural Rating and an Oceanic Control endorsement.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A student air traffic controller licence or air traffic controller licence referred to in paragraph (2) is a licence issued under the Air Traffic Controller Licensing Regulation by the CAA.

Period for which a student air traffic controller licence remains in force

189

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inclusion of national endorsements

190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fatigue of air traffic controllers

191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acting under the influence of psychoactive substances or medicines

192

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Failing exams, assessments or tests

193

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use and approval of simulators

194

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of courses, persons and simulators

195

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certification of training organisations

196

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certified training organisation: production of records

197

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of terms used in this Chapter

198

Terms used in this Chapter have the same meaning as equivalent terms used in the ... Air Traffic Controller Licensing Regulation.

CHAPTER 3 — Flight information services and licensing of flight information service officers

Prohibition of unlicensed flight information service officers

199

(1) A person must not act as a flight information service officer at any aerodrome or area control centre or hold himself or herself out, whether by use of a radio call sign or in any other way, as a person who may so act unless—

(a) they hold and comply with the terms of a flight information service officer's licence granted under this Order authorising the holder to act as such an officer at that aerodrome or area control centre; and

(b) they have identified themselves in such a manner as may be notified.

(2) In this Chapter, “acting as a flight information service officer” means giving a flight information service.

Licensing of flight information service officers

200

(1) The CAA must grant a flight information service officer licence to any person aged 18 years or more if it is satisfied that the applicant—

(a) is a fit person to hold the licence; and

(b) is qualified by having the knowledge, experience, competence, skill and physical and mental fitness to act in the capacity to which the licence relates.

(2) The applicant must supply such evidence and undergo such examinations and tests and undertake such courses of training as the CAA may require.

(3) The licence may be issued subject to such conditions as the CAA thinks fit.

(4) A licence to act as a flight information service officer—

(a) may be renewed by the CAA from time to time, when it is satisfied that the applicant is a fit person and is qualified in accordance with paragraph (1);

(b) remains in force, subject to article 253, for the period indicated in the licence or if no period is indicated, for the lifetime of the holder.

(5) A flight information service officer's licence does not authorise the giving of a flight information service at an aerodrome or area control centre unless—

(a) that aerodrome or area control centre has been specified in the licence by a person authorised by the CAA for the purpose; and

(b) the licence has been validated for that aerodrome or area control centre by a person authorised for the purpose by the CAA.

(6) If, throughout any period of 90 days, the holder of the licence has not at any time given such a service at a particular aerodrome or area control centre, the licence ceases to be valid for that aerodrome or area control centre at the end of that period until the licence has been revalidated for that aerodrome or area control centre by a person authorised by the CAA for the purpose.

(7) A licence to act as a flight information service officer is not valid unless it has been signed by the holder in ink or indelible pencil.

(8) Every holder of a flight information service officer's licence must, on such occasions as the CAA may require, submit to such examinations and tests and supply such evidence of the holder's knowledge, experience, competence and skill and undergo such courses of training as the CAA may require.

Flight information service manual

201

(1) Subject to paragraph (2), a person must not provide a flight information service at any aerodrome or area control centre unless—

(a) the service is provided in accordance with the standards and procedures specified in a flight information service manual for that aerodrome or area control centre;

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

(2) Paragraph (1) does not apply to any person who is required to be certified under Article 7 of the Service Provision Regulation.

CHAPTER 4 — Certificate of competence to operate an aeronautical radio station

Prohibition of unauthorised operation of an aeronautical radio station

202

(1) Subject to paragraph (3), a person must not operate an aeronautical radio station for any purposes specified in paragraph (4), or hold themself out, whether by use of a radio call sign or in any other way, as one who may do so unless that person—

(a) held on 9th August 2012 an Air Ground Communication Service Radio Operator's Certificate of Competence or an Offshore Communication Service Radio Operator's Certificate of Competence issued by the CAA; or

(b) holds and complies with the terms of an aeronautical radio station operator certificate of competence granted under article 203 authorising the holder to provide such a service.

(2) In this article, “operate an aeronautical radio station” means activate or alter any of the external controls of any of the apparatus comprised in the station or transmit or receive messages.

(3) Nothing in this article prevents a person operating an aeronautical radio station for the purpose of avoiding immediate danger.

(4) The purposes specified for the purpose of paragraph (1) are to provide—

(a) an air/ground communications service;

(b) a service to give information to pilots of aircraft flying to or from offshore installations and to other aircraft operating in the vicinity of these aircraft; or

(c) a service to give information to pilots of aircraft flying for the purpose of the dropping of persons by parachute and to persons who have been dropped by parachute.

Aeronautical radio station operator certificate of competence

203

(1) The CAA must grant an aeronautical radio station certificate of competence if it is satisfied that the applicant—

(a) is at least 18 years of age; and

(b) is qualified by having the knowledge, experience and skill to act in the capacity to which the certificate of competence relates.

(2) The applicant must supply such evidence and undergo such examinations and tests and undertake such courses of training as the CAA may require.

(3) An aeronautical radio station certificate of competence—

(a) remains in force, subject to article 253, for the period indicated in the certificate or if no period is indicated, for the lifetime of the holder; and

(b) may be renewed by the CAA from time to time, if it is satisfied that the applicant is qualified in accordance with paragraph (1).

(4) An aeronautical radio station operator certificate of competence does not authorise the holder to provide a service at an aerodrome unless the certificate has been endorsed by the person in charge of the aeronautical radio station at the aerodrome in accordance with paragraph (5).

(5) An endorsement is in accordance with this paragraph if it certifies that the person in charge of the aeronautical radio station at the aerodrome is satisfied that the holder of the certificate is familiar with the terms and conditions of the wireless telegraphy licence issued under the Wireless Telegraphy Act 2006 for the aeronautical radio station and has been informed of any relevant operational information concerning the types of equipment and operating procedures for the station.

(6) Every holder of an aeronautical radio station operator certificate of competence must, on such occasions as the CAA may require, submit to such examinations and tests, supply such evidence of the holder's knowledge, experience, competence and skill and undergo such courses of training as the CAA may require.

(7) Nothing in this Order obliges the CAA to accept an application for the issue, variation or renewal of an aeronautical radio station operator certificate of competence if the application is not supported by such reports from such persons approved under article 268 as the CAA may specify, either generally or in a particular case or class of cases.

Approval of courses, persons, examinations and simulators

204

Without prejudice to any other provision of this Order the CAA may, for the purposes of this Chapter, approve—

(a) any course of training or instruction;

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

CHAPTER 5 — Air traffic service equipment

Air traffic service equipment

205

(1) A person must not cause or permit any air traffic service equipment to be established or used in the United Kingdom otherwise than under and in accordance with an approval granted by the CAA to the person in charge of the equipment.

(2) An approval must be granted under paragraph (1) if the CAA is satisfied—

(a) as to the intended purpose of the equipment;

(b) that the equipment is fit for its intended purpose; and

(3) The person in charge of an aeronautical radio station at an aerodrome for which a public use licence has been granted or at a certified aerodrome must cause to be notified in relation to that aeronautical radio station the type and availability of operation of any service which is available for use by any aircraft.

(4) An approval granted under paragraph (1) may include a condition requiring a person in charge of an aeronautical radio station at any other aerodrome or place to cause the information specified in paragraph (3) to be notified.

(5) An approval granted under paragraph (1) may include such other conditions as the CAA thinks fit including—

(a) a condition requiring the person in charge of the equipment to use a person approved by the CAA under paragraph (6) for the provision of particular services in connection with the equipment; and

(b) a condition requiring that the equipment be flight checked by such an approved person.

(6) The CAA may approve a person to provide particular services in connection with approved equipment.

(7) For the purpose of paragraphs (1) and (6) an approval may be granted for one or more persons or generally.

(8) This article does not apply to any air traffic service equipment of which the person solely in charge is the Secretary of State.

Air traffic service equipment records

206

(1) The person in charge of any air traffic service equipment and any associated apparatus required under paragraph (2) or (3) must—

(a) keep records for such equipment or apparatus in accordance with Part 1 of Schedule 11; and

(b) preserve such records for one year or such longer period as the CAA may in a particular case direct.

(2) The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service by an air traffic control unit must provide recording apparatus in accordance with paragraph (4).

(3) The CAA may direct the person in charge of any other air traffic service equipment to provide recording apparatus in accordance with paragraph (4).

(4) Subject to paragraph (8), the person in charge of the air traffic service equipment for which recording apparatus is required to be provided under paragraph (2) or (3) must ensure that—

(a) when operated the apparatus is capable of recording and replaying the terms or content of any message or signal transmitted or received by or through that equipment; and

(b) in the case of an aeronautical radio station the apparatus is capable of recording and replaying the terms or content of any voice radio message or signal transmitted to an aircraft either alone or in common with other aircraft or received from an aircraft by the air traffic control unit.

(5) Subject to paragraph (8), the person in charge of the air traffic service equipment for which recording apparatus is required to be provided under paragraph (2) or (3) must—

(a) ensure that the apparatus is in operation at all times when the equipment is being used in connection with the provision of a service intended to facilitate the navigation of aircraft;

(b) ensure that each record made by the apparatus complies with Part 2 of Schedule 11;

(d) comply with the terms of such an approval.

(6) In considering whether or not to grant an approval, the CAA may have regard to the matters specified in Part 3 of Schedule 11.

(7) An approval may be granted—

(a) in addition to any other conditions which may be imposed, subject to conditions relating to the matters to which the CAA may have had regard under paragraph (6); and

(b) for one or more persons or generally.

(8) If any apparatus provided in compliance with paragraph (2) or (3) ceases to be capable of recording the matters required by this article to be included in the records, the person required to provide that apparatus must ensure that, so far as practicable—

(a) a record is kept which complies with Part 2 of Schedule 11; and

(b) in the case of apparatus provided in compliance with paragraph (2), a summary of voice communications exchanged between the aeronautical radio station and any aircraft are recorded.

(9) If any apparatus provided in compliance with paragraph (2) or (3) becomes unserviceable, the person in charge of the air traffic service equipment must ensure that the apparatus is rendered serviceable again as soon as reasonably practicable.

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