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The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019

Type Statutory-Instrument

Publication 2019-07-10

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 10th July 2019

Laid before Parliament: 17th July 2019

Coming into force: 7th August 2019

At the Court at Buckingham Palace, the 10th day of July 2019

Present,

The Queen's Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 60 (other than subsection (3)(r)), 61, 102 of, and paragraphs 2 and 3 of Schedule 13 to, the Civil Aviation Act 1982 , section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 .

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

PART 1 — Introductory

Citation and commencement

1

This Order may be cited as the Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019 and comes into force on 7th August 2019.

Interpretation

2

(1) In this Order—

“aerodrome” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016 ;

“cabin crew” means those persons carried in an aircraft for the purpose of performing duties in the interests of safety of the passengers but who do not act as members of the flight crew;

“classified crew member” has the meaning given in article 13(1);

“crew”—in relation to an aircraft means persons carried in the aircraft who are—members of the flight crew;members of the cabin crew; ortask specialists; and...

“crew member” is to be read accordingly;

“doctor” means a registered medical practitioner who—is an appointed doctor for the purposes of the Ionising Radiation Regulations 2017 (see regulation 2 of those Regulations); andhas completed a course of training in providing medical surveillance for air crew ... who have been exposed to ionising radiation;

“effective dose” has the meaning given in Article 4(25) of the Directive;

“the Directive” means Council Directive 2013/59/Euratom , laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation;

“flight crew” means persons working on an aircraft who undertake to act as pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft;

“health review” has the meaning given in article 14(1)(b);

“mSv” means one thousandth of a sievert;

“operator” has the meaning given in article 4;

“overexposure” has the meaning given in article 11(7);

“relevant crew member” means a crew member who is employed or otherwise engaged to perform duties on an aircraft ... that would render the crew member liable to receive an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year;

“task specialist” means a person who performs specialised tasks on board the aircraft ....

(2) References in this Order to a crew member in relation to an operator are to a crew member of an aircraft ... operated by the operator.

(3) References in this Order to cosmic radiation do not include cosmic radiation prevailing at ground level.

Application of this Order

3

(1) This Order applies in relation to—

(a) the operation of aircraft by an operator who—

(i) is established in the United Kingdom; or

(ii) whose principal place of business is in the United Kingdom;

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

(2) This Order does not apply in relation to the operation of military aircraft ....

(3) In this article, “military aircraft ...” means—

(a) the naval, army or air force aircraft ... of any country;

(b) any aircraft ... for which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purpose of this Order as a military aircraft ....

Meaning of “operator”

4

(1) For the purposes of the application of any provision of this Order, “operator” in relation to an aircraft ... means the person who at the relevant time has management of the aircraft ....

(2) But, for the purposes of the application of this Order in relation to aircraft ... belonging to or exclusively employed in the service of Her Majesty, a government department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft ... is deemed to be the operator of the aircraft ....

(3) Nothing in this article renders liable to any penalty any government department or other authority responsible on behalf of Her Majesty for the management of any aircraft ....

PART 2 — Generally applicable provisions

Authorisation and prohibition on exposure

5

(1) No operator may employ or otherwise engage a person to perform duties as a crew member on an aircraft ... that would render the person liable to receive an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year, unless the operator is authorised for the purposes of this article.

(2) Subject to article 24 (CAA's power to determine an operator as not authorised), an operator is authorised for the purposes of this article if the operator—

(a) has been granted or issued with a relevant certificate ... or a specialised operations authorisation and that certificate ... or authorisation is in force;

(b) is an approved training organisation or a declared training organisation; or

(3) No operator may employ or otherwise engage a person to perform duties as a crew member on an aircraft ... that would render the person liable to receive an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year unless the person is a classified crew member (see article 12 (continued working of overexposed crew)).

(4) No operator may employ or otherwise engage a person to perform duties as a crew member on an aircraft ... that would render the person liable to receive an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year (and see article 12 (continued working of overexposed crew)).

(5) In this article—

“approved training organisation” has the meaning given in Article 1 of the EASA Aircrew Regulation;

“declared training organisation” has the meaning given in Article 1 of the EASA Aircrew Regulation;

“EASA Aircrew Regulation” means Commission Regulation (EC) No 1178/2011 of 3rd November 2011 laying down technical requirements and administrative procedures related to civil aviation air crew pursuant to Regulation (EC) No 216/2008 of the European Parliament and Council ;

“EASA Air Operations Regulation” means Commission Regulation (EU) No 965/2012 of 5th October 2012 laying down technical requirements and administrative procedures relating to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and Council ;

“National air operator's certificate” and “Part-CAT air operator certificate” have the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016;

“relevant certificate” means—a National air operator's certificate;a Part-CAT air operator certificate;

“relevant declaration” means a declaration made to the CAA by an operator—in accordance with Annex III to the EASA Air Operations Regulation that the operator is performing, or intends to perform, specialised operations other than high risk commercial specialised operations;in accordance with Annex III to the EASA Air Operations Regulation that the operator is performing, or intends to perform, the non-commercial operation of complex motor-powered aircraft;

“specialised operations” and “high risk commercial specialised operations” have the same meaning as in the EASA Air Operations Regulation;

“specialised operations authorisation” means an authorisation granted to an operator under the EASA Air Operations Regulation authorising the operator to perform high risk commercial specialised operations.

Risk assessments

6

(1) Subject to paragraph (2), the operator must ensure that a suitable and sufficient assessment of the magnitude of the risk to crew members from exposure to cosmic radiation in the course of performing their duties aboard the aircraft ... (a “risk assessment”) is conducted before undertaking aircraft ... operations.

(2) Where an operator has completed a risk assessment (the “previous risk assessment”) in relation to an operation of aircraft ..., no further risk assessment needs to be conducted in relation to that operation, but a further risk assessment must be conducted if—

(a) the operator has reason to suspect that the previous risk assessment is no longer valid;

(b) there has been a significant change to the matters to which the previous risk assessment relates; or

(c) the operator has reasonable cause to believe that a crew member has received an overexposure while performing duties for the operator on board that aircraft ....

(3) The operator must take into account the results of the most recent risk assessments it has conducted in relation to an operation of aircraft ... when managing the operation of aircraft ..., with a view to minimising as far as reasonably possible the exposure of crew members to cosmic radiation.

(4) Nothing in this article affects the obligations of an operator under regulation 3 of the Management of Health and Safety at Work Regulations 1999 (risk assessment) .

Requirements to assess and inform

7

(1) An operator must—

(a) take appropriate measures to assess the exposure to cosmic radiation of each relevant crew member;

(b) take into account the assessed exposure when organising working schedules, with a view to reducing the doses of highly exposed crew; and

(2) “Assess” and “highly exposed” have the same meaning as in Article 35 of the Directive.

Protection of pregnant crew

8

(1) An operator must inform all relevant crew members of the importance of giving early notification of pregnancy to the operator in view of the risks of exposure to the unborn child.

(2) An operator must, as soon as a crew member informs the operator in writing that she is pregnant, ensure that—

(a) the conditions of exposure to cosmic radiation for the crew member in the context of her duties are such that the equivalent dose to the unborn child is as low as reasonably achievable; and

(b) it is unlikely that that dose will exceed 1 mSv during the remainder of the pregnancy.

(3) In this article, “equivalent dose” has the meaning given in Article 4(33) of the Directive.

Monitoring of exposure to cosmic radiation: crew other than classified crew

9

(1) An operator must ensure that the exposure to cosmic radiation of relevant crew members who are not classified crew members is monitored to such an extent as is sufficient to identify any crew members who should be classified under article 13.

(2) Monitoring of aircrew under this article may be undertaken by proper use of any of the following computer programs, which calculate the effective dose of cosmic radiation received by a person on board an aircraft, or of a computer program that performs an equivalent function—

(a) CARI-7;

(b) EPCARD;

(d) PCAire.

(3) In this article—

(a) “CARI-7” means the computer programme of the same name, developed by the Federal Aviation Administration's Civil Aerospace Medical Institute;

(b) “EPCARD” means the European Program Package for the Calculation of Aviation Route Doses, developed by the Institue of Radiation Protection at Helmholtz Zentrum Munich, German Research Centre for Environmental Health;

(c) “SIEVERT PN” means the computer programme of the same name, developed by the Institut De Radioprotection et de Surete Nucleaire;

(d) “PCAire” means the computer programme of the same name, developed by PCAire Inc.

Provision of information and training to crew

10

(1) An operator must ensure that each relevant crew member is given appropriate information and training about—

(a) the health risks arising from exposure to cosmic radiation while performing the crew member's duties on board the aircraft ...;

(b) the operator's procedures for conducting a risk assessment under article 6; and

(2) The operator must ensure that training under paragraph (1) is given—

(a) in relation to a crew member employed or otherwise engaged to perform duties as a crew member on an aircraft ... at the time that this Order comes into, as soon as reasonably practicable after this Order comes into force; and

(b) in all other cases, before the crew member performs any duties on board the aircraft ....

Overexposure

11

(1) Where an operator has reasonable cause to believe that a crew member has received an overexposure while performing duties for that operator on board an aircraft ..., the operator must immediately conduct an investigation in order to conclude beyond reasonable doubt that no overexposure has occurred (a “negative conclusion”).

(2) If the operator is not able to reach a negative conclusion within fourteen days beginning with the date on which the investigation commenced (the “fourteen day period”), an overexposure is deemed to have occurred and the operator must—

(a) immediately—

(i) notify the CAA of the overexposure;

(ii) where the crew member is a classified crew member, notify the doctor who undertook the crew member's most recent medical examination or, as the case may be, health review of the overexposure; and

(iii) take appropriate steps to notify the crew member affected of the overexposure;

(b) where requested by the crew member, immediately arrange for a doctor to undertake a medical examination of the crew member in relation to the overexposure; and

(c) as soon as is reasonably practicable after the fourteen day period, conduct such investigation as is necessary to determine—

(i) the dose of cosmic radiation received by the crew member, so far as is reasonably practicable; and

(ii) the necessary measures, if any, to be taken to prevent a recurrence of the overexposure.

(3) Where an investigation is conducted under paragraph (2)(c), the operator must immediately upon the conclusion of the investigation—

(a) notify the CAA; and

(b) take appropriate steps to notify the crew member affected,

of the results of the investigation and any determination as to the necessary measures to be taken to prevent a recurrence of the overexposure.

(4) An operator who determines that there are measures necessary to be taken to prevent a recurrence of the overexposure must implement those measures as soon as practicable after such a determination is reached.

(5) An operator who conducts an investigation pursuant to paragraph (1) must ensure that a report of the investigation is retained until the second anniversary of the date on which the investigation was commenced.

(6) An operator who conducts an investigation pursuant to paragraph (2)(c) must ensure that a report of the investigation is retained until the later of—

(a) the 75th anniversary of the birth of the crew member affected (whether or not the crew member survives until that date); and

(b) the 30th anniversary of the date on which the investigation was commenced.

(7) “Overexposure” means—

(a) in relation to a crew member performing duties for an operator who is not authorised under article 5 (authorisation and prohibition on exposure), that the crew member has received an effective dose of cosmic radiation that exceeds 1 mSv in a calendar year;

(b) in relation to a crew member performing duties for an operator who is authorised under article 5—

(i) in relation to a classified crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year;

(ii) in relation to any other crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year.

Continued working of overexposed crew

12

(1) No operator may employ or engage a crew member who has received an overexposure to perform duties on board an aircraft ... that would render the crew member liable to receive an effective dose of cosmic radiation that exceeds X mSv for the remainder of the calendar year.

(2) In paragraph (1), “X” is the lower of—

(a) the dose limit applicable to the crew member divided by 365 and multiplied by the number of days in the remainder of the calendar year; and

(b) the dose limit applicable to the crew member minus the effective dose of radiation received by the crew member for the calendar year to the date on which the crew member received the overexposure, excluding the dose resulting in the overexposure.

(3) An operator employing or engaging a crew member who has received an overexposure to perform duties on board an aircraft ... must inform the crew member of the dose limit applicable to the crew member.

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