The Aviation Safety (Amendment) (No. 3) Regulations 2021

(b) When a property is not defined for a particular occurrence of the subjects listed in (a), the AIP data subset shall include an explicit indication: ‘not applicable’. AIS.TR.350 Terrain and obstacle data – General requirements The coverage areas for sets of terrain and obstacle data shall be specified as: (a) Area 1: the entire territory of a State; (b) Area 2: within the vicinity of an aerodrome, subdivided as follows: - (1) Area 2a: a rectangular area around a runway which comprises the runway strip plus any clearway that exists; - (2) Area 2b: an area extending from the ends of Area 2a in the direction of departure, with a length of 10 km and a splay of 15 % to each side; - (3) Area 2c: an area extending outside Areas 2a and 2b at a distance of not more than 10 km from the boundary of Area 2a; and - (4) Area 2d: an area outside Areas 2a, 2b and 2c up to a distance of 45 km from the aerodrome reference point, or to an existing terminal manoeuvring area (TMA) boundary, whichever is nearer; (c) Area 3: the area bordering an aerodrome movement area which extends horizontally from the edge of a runway to 90 m from the runway centre line and 50 m from the edge of all other parts of the aerodrome movement area; and (d) Area 4: the area extending 900 m prior to the runway threshold and 60 m to each side of the extended runway centre line in the direction of the approach on a precision approach runway, Category II or III. AIS.TR.355 Terrain data sets When terrain data sets are provided in accordance with point AIS.OR.355: (a) terrain data sets shall contain the digital representation of the terrain surface in the form of continuous elevation values at all intersections of a defined grid, referenced to a common datum; (b) a terrain grid shall be angular or linear and shall be of a regular or irregular shape; (c) terrain data sets shall include spatial (position and elevation), thematic, and temporal aspects of the surface of the Earth, containing naturally occurring features, excluding obstacles; (d) only one feature type, i.e. terrain, shall be provided; (e) the following terrain feature attributes shall be recorded in the terrain data set: - (1) area of coverage; - (2) identification of the data originator; - (3) data source identifier; - (4) acquisition method; - (5) post spacing; - (6) horizontal reference system; - (7) horizontal resolution; - (8) horizontal accuracy; - (9) horizontal confidence level; - (10) horizontal position; - (11) elevation; - (12) elevation reference; - (13) vertical reference system; - (14) vertical resolution; - (15) vertical accuracy; - (16) vertical confidence level; - (17) recorded surface; - (18) integrity; - (19) date and time stamp; and - (20) unit of measurement used; (f) within the area covered by a 10-km radius from the ARP, terrain data shall comply with the Area 2 numerical requirements; (g) in the area between 10 km and the TMA boundary or a 45-km radius, whichever is smaller, data on terrain that penetrates the horizontal plane 120 m above the lowest runway elevation shall comply with the Area-2 numerical requirements; (h) in the area between 10 km and the TMA boundary or a 45-km radius, whichever is smaller, data on terrain that does not penetrate the horizontal plane 120 m above the lowest runway elevation shall comply with the Area-1 numerical requirements; and (i) in those portions of Area 2 where flight operations are prohibited due to very high terrain or other local restrictions or other local restrictions or regulations, terrain data shall comply with the Area 1 numerical requirements. The following diagram contains a graphical illustration of Area 1 and Area 2 terrain data collection surfaces: Terrain data collection surfaces – Area 1 and Area 2 AIS.TR.360 Obstacle data sets When obstacle data sets are provided in accordance with point AIS.OR.360: (a) obstacle data items are features that shall be represented in the data sets by points, lines or polygons; (b) all defined obstacle feature types shall be provided and each of them shall be described according to the following list of attributes: - (1) area of coverage; - (2) identification of the data originator; - (3) data source identifier; - (4) obstacle identifier; - (5) horizontal accuracy; - (6) horizontal confidence level; - (7) horizontal position; - (8) horizontal resolution; - (9) horizontal extent; - (10) horizontal reference system; - (11) elevation; - (12) vertical accuracy; - (13) vertical confidence level; - (14) vertical resolution; - (15) vertical reference system; - (16) obstacle type; - (17) geometry type; - (18) integrity; - (19) date and time stamp; - (20) unit of measurement used; - (21) lighting; and - (22) marking; (c) obstacle data for Areas 2 and 3 shall be collected in accordance with the following obstacle collection surfaces: - (1) the Area 2a obstacle collection surface has a height of 3 m above the nearest runway elevation measured along the runway centre line, and for those portions related to a clearway, if one exists, at the elevation of the nearest runway end; - (2) the Area 2b obstacle collection surface has a 1.2 % slope extending from the ends of Area 2a at the elevation of the runway end in the direction of departure, with a length of 10 km and a splay of 15 % to each side; obstacles less than 3 m in height above the ground need not be collected; - (3) the Area 2c obstacle collection surface has a 1.2 % slope extending outside Areas 2a and 2b at a distance of not more than 10 km from the boundary of Area 2a; the initial elevation of Area 2c shall be the elevation of the point of Area 2a at which it commences; obstacles less than 15 m in height above the ground need not be collected; - (4) the Area 2d obstacle collection surface has a height of 100 m above the ground; and - (5) the Area 3 obstacle collection surface extends 0.5 m above the horizontal plane passing through the nearest point on the aerodrome movement area; (d) in those portions of Area 2 where flight operations are prohibited due to very high terrain or other local restrictions or regulations, obstacle data shall be collected and recorded in accordance with the Area 1 numerical requirements; (e) the obstacle data product specification, supported by geographical coordinates for each aerodrome included within the dataset, shall describe the following areas: - (1) Areas 2a, 2b, 2c and 2d; - (2) the take-off flight path area; and - (3) the obstacle limitation surfaces; (f) obstacle data sets shall contain the digital representation of the vertical and horizontal extent of the obstacles; and (g) obstacles shall not be included in terrain data sets. The following diagram contains a graphical illustration of Area 1 and Area 2 obstacle data collection surfaces and criteria used to identify obstacles in Area 2. Obstacle data collection surfaces – Area 1 and Area 2 AIS.TR.365 Aerodrome mapping data sets (a) Aerodrome mapping data sets shall contain the digital representation of aerodrome features. (b) ISO standards for geographic information shall be used as a reference framework. (c) Aerodrome mapping data products shall be described following the relevant data product specification standard. (d) The content and structure of aerodrome mapping data sets shall be defined in terms of an application schema and a feature catalogue. AIS.TR.370 Instrument flight procedure data sets (a) Instrument flight procedure data sets shall contain the digital representation of instrument flight procedures. (b) The instrument flight procedure data sets shall include data about the following subjects, including all of their properties: - (1) procedure; - (2) procedure segment; - (3) final approach segment; - (4) procedure fix; - (5) procedure holding; - (6) helicopter procedure specifics. AIS.TR.400 Distribution services (a) A predetermined distribution system for NOTAM transmitted on the AFS shall be used whenever possible. (b) Distribution of NOTAM series other than those distributed internationally shall be granted upon request. (c) NOTAM shall be prepared in conformity with ICAO communication procedures laid down in ICAO Annex 10, Volume II (Seventh Edition, July 2016) to the Chicago Convention. (d) Each NOTAM shall be transmitted as a single telecommunication message. (e) The international exchange of ASHTAM and NOTAM where NOTAM is used for distribution of information on volcanic activity, shall include volcanic ash advisory centres and the world area forecast centres, and take account of the requirements of long-range operations. AIS.TR.405 Pre-flight information services (a) Automated pre-flight information systems shall be used to make aeronautical data and aeronautical information available to operations personnel, including flight crew members, for self-briefing, flight planning and flight information service purposes. (b) The human machine interface of the pre-flight information services facilities shall ensure easy access to all relevant information or data in a guided manner. (c) Self-briefing facilities of an automated pre-flight information system shall provide access, as necessary, to the aeronautical information service for consultation by telephone or other suitable telecommunication means. (d) Automated pre-flight information systems for the supply of aeronautical data and aeronautical information for self-briefing, flight planning and flight information service shall: - (1) provide for continuous and timely updating of the system database and monitoring of the validity and quality of the aeronautical data stored; - (2) permit access to the system by operations personnel, including flight crew members, aeronautical personnel concerned and other aeronautical users, through suitable telecommunications means; - (3) ensure the provision of the aeronautical data and aeronautical information accessed, in paper form, as required; - (4) use access and interrogation procedures based on abbreviated plain language and ICAO location indicators laid down in ICAO Doc 7910, as appropriate, or based on a menu-driven user interface or other appropriate mechanism; - (5) provide a timely response to a user request for information. (e) All NOTAM shall be made available for briefing by default, and content reduction shall be at user’s discretion. AIS.TR.500 General – Aeronautical information products updates The same AIRAC cycle update shall be applied to the AIP amendments, AIP supplements, AIP data set and the instrument flight procedure data sets in order to ensure consistency of the data items that appear in multiple aeronautical information products. AIS.TR.505 AIRAC (a) Information concerning the following circumstances shall be distributed under the AIRAC system: - (1) horizontal and vertical limits, regulations and procedures applicable to: (i)flight information regions (FIRSs); (ii)control areas (CTAs); (iii)control zones; (iv)advisory areas; (v)ATS routes; (vi)permanent danger, prohibited and restricted areas (including type and periods of activity, when known) and air defence identification zones (ADIZs); (vii)permanent areas or routes, or portions of these, where the possibility of interception exists; (viii)RMZ, TMZ or both; - (2) positions, frequencies, call signs, identifiers, known irregularities and maintenance periods of radio navigation aids, and communication and surveillance facilities; - (3) holding and approach procedures, arrival and departure procedures, noise abatement procedures and any other pertinent ATS procedures; - (4) transition levels, transition altitudes and minimum sector altitudes; - (5) meteorological facilities (including broadcasts) and procedures; - (6) runways and stopways; - (7) taxiways and aprons; - (8) aerodrome ground operating procedures (including low-visibility procedures); - (9) approach and runway lighting; and - (10) aerodrome operating minima. (b) Special arrangements shall be made whenever major changes are planned and where advance notice is desirable and practicable. (c) When information has not been submitted by the AIRAC date, a NIL notification shall be distributed through a NOTAM or other suitable means, not later than one cycle before the AIRAC effective date concerned. AIS.TR.510 NOTAM (a) A NOTAM shall be published with sufficient lead time for the affected parties to take any required action, except in the case of unserviceability, volcanic activity, release of radioactive material, toxic chemicals and other events that cannot be foreseen. (b) A NOTAM notifying unserviceability of aids to air navigation, facilities or communication services shall provide an estimate of the unserviceability period or of the time at which restoration of service is expected. (c) Within three months from the issuing of a permanent NOTAM, the information contained in the NOTAM shall be included in the aeronautical information products affected. (d) Within three months from the issuing of a temporary NOTAM of long duration (three months or longer), the information contained in the NOTAM shall be included in an AIP supplement. (e) When a NOTAM with an estimated end of validity unexpectedly exceeds the three-month period, a replacement NOTAM shall be issued unless the condition is expected to last for a further period of more than three months; in that case, an AIP supplement shall be issued. (f) A ‘trigger NOTAM’ shall briefly describe the content, the effective date and time, as well as the reference number of the amendment, or supplement. (g) A ‘trigger NOTAM’ shall come into force on the same effective date and time as the AIP amendment or supplement. (h) In the case of an AIP amendment, a ‘trigger NOTAM’ shall remain valid for a period of 14 days. (i) In the case of an AIP supplement that is valid for less than 14 days, the ‘trigger NOTAM’ shall remain valid for the complete validity period of the AIP supplement. (j) In the case of an AIP supplement that is valid for 14 days or more, the ‘trigger NOTAM’ shall remain valid for at least 14 days. AIS.TR.515 Data set updates (a) The update interval for the AIP data set and the instrument flight procedure data sets shall be specified in the data product specification. (b) Data sets that have been made available in advance, according to the AIRAC cycle, shall be updated with the non-AIRAC changes that occurred between the publication and the effective date.

CHAPTER 7 — Amendment of Commission Regulation (EU) 2018/395

Commission Regulation (EU) 2018/395 (balloons)

30

Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council[^f00010] is amended in accordance with regulation 31.

Amendment of Article 3b of Commission Regulation (EU) 2018/395

31

In Article 3b (existing pilot licences and national medical certificates), paragraph 3, for “8 April 2021” substitute “8 December 2023”.

CHAPTER 8 — Amendment of Commission Implementing Regulation (EU) 2018/1976

Commission Implementing Regulation (EU) 2018/1976 (sailplanes)

32

Commission Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes as well as for the flight crew licensing for sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council[^f00011] is amended in accordance with regulation 33.

Amendment of Article 3b of Commission Implementing Regulation (EU) 2018/1976

33

In Article 3b (existing pilot licences and national medical certificates), paragraph 3, for “8 April 2021” substitute “8 December 2023”.

CHAPTER 9 — Amendment of Commission Implementing Regulation (EU) No 2019/947

Commission Implementing Regulation (EU) 2019/947 (operation of unmanned aircraft)

34

Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft[^f00012] is amended in accordance with regulation 35.

Amendment of Article 14 of Commission Implementing Regulation (EU) 2019/947

35

• (1) In Article 14, paragraph 5 (registration of UAS operators and certified UAS), in the words before point (a), before “UAS operators shall register themselves” insert “Subject to paragraph 5A,”.

• (2) After paragraph 5, insert—

(5A) Paragraph 5 does not apply to UAS operations performed with a small control line model aircraft: (a) in the ‘open’ category; (b) in the ‘specific’ category in accordance with an authorisation received under Article 16.

• (3) After paragraph 9, insert—

(10) In this Article, “small control line model aircraft” means a fixed-wing unmanned aircraft having a MTOM of not more than 7.5 kg and which is flown within limits imposed by a restraining device of not more than 25 metres in length which attaches the aircraft to the surface or to a person on the surface.

Signed

Signed by authority of the Secretary of State for Transport

Robert Courts — Parliamentary Under Secretary of State — Department for Transport — 27th October 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make amendments to retained EU law in the field of aviation safety.

Part 2 revokes Commission Regulation No 73/2010 as a consequence of the amendments made to Commission Implementing Regulation (EU) 2017/373 and Commission Regulation (EU) 139/2014, which supersede Regulation 73/2010.

Part 3 makes amendments to implementing rules using powers conferred by Regulation (EU) 2018/1139 of 4 July 2018 on common rules in the field of civil aviation.

Chapter 1 of Part 3 amends Commission Regulation (EU) No 1178/2011 (aircrew) to create new requirements in relation to evidence-based training for flight crew competence and training methods.

Chapter 2 of Part 3 amends Commission Regulation (EU) 965/2012 (air operations) to incorporate updated provision in relation to: alcohol testing of flight and cabin crew members; updated definitions, in particular, that of “psychoactive substance”; the detection and misuse of psychoactive substances to prevent endangerment of aircraft and those on board; and requirements for operators to provide a non-punitive support programme for flight crew affected by substance use; and to incorporate the latest International Civil Aviation Organization (“ICAO”) standards in order to meet international obligations under the Chicago Convention of 7th December 1944 in respect of landing performance calculations and runway surface conditions under the Global Reporting Format (“GRF”).

Chapter 3 of Part 3 amends Annexes 1, 3 and 4 to Commission Regulation (EU) No 139/2014 (aerodromes) which sets out requirements for the operation of aerodromes. The provisions implement recent amendments to Standards and Recommended Practices (SARPs) in Annex 15 to the Chicago Convention on Aeronautical Information Services and the ICAO publication “Procedures for Air Navigation Services – Aeronautical Information Service” (PANS-AIM Doc 10066). The amendments relate to the requirements for Aeronautical Data Quality (“ADQ”) and GRF. The ADQ requirements are to ensure that the aeronautical data disseminated by aerodromes is of sufficient quality for intended use and ensure continued alignment with both the EU and ICAO in this area.

Chapter 4 of Part 3 amends Commission Regulation (EU) No 1321/2014 (continuing airworthiness) to add a requirement that an aircraft maintenance programme under that Regulation demonstrates compliance with Annex I (Part-26) to Commission Regulation (EU) 2015/640.

Chapter 5 of Part 3 amends Commission Regulation (EU) 2015/640 (airworthiness specification) to create new requirements for aircraft relating to: structural integrity and prevention of fatigue; mitigating risk or injuries or fatalities from an in-flight fire in cargo or baggage compartment, and runway overrun awareness and alerting systems aimed at preventing runway excursions.

Chapter 6 of Part 3 amends Commission Implementing Regulation (EU) 2017/373 (common requirements for providers of air traffic management / air navigation services and other air traffic management network functions and their oversight) to ensure, in relation to instrument flight rule flights, that parties originating, processing and transmitting data perform their data activities to the required quality level to support the intended use of that data, and also that aeronautical information is originated, assembled, formatted, edited, published and provided at the required quality for all flight phases to users of such information, such as aircraft operators, aerodrome operators and air traffic management / air navigation service providers.

Chapters 7 and 8 of Part 3 make amendments to Commission Regulation (EU) No 2018/395 (balloons) and Commission Implementing Regulation (EU) No 2018/1976 (sailplanes) in respect of balloon and sailplane licensing. The amendments postpone the deadline for the conversion of existing licences to new Sailplane Pilot Licences and Balloon Pilot Licences, for 2 years, until 8th December 2023. The postponement is introduced as the Civil Aviation Authority (CAA) are conducting a review of General Aviation Pilot Licensing which may lead to simplification of the licensing requirements.

Chapter 9 of Part 3 amends Commission Implementing Regulation (EU) 2019/947 (operation of unmanned aircraft) to exclude operators of certain unmanned aircraft from the requirement to register with the CAA for particular low-risk operations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. The changes contained in Chapters 1 to 6 of Part 3 were subject to separate impact assessments carried out during consultation by the European Union Aviation Safety Agency. These impact assessments can be found at www.easa.europa.eu/document-library/notices-of-proposed-amendment, and in relation to the testing of flight and cabin crew at www.easa.europa.eu/document-library/opinions. In relation to the amendments to Commission Regulation (EU) 2019/947 a de minimis assessment has been prepared as the net impact is estimated to be below £5 million per year. An Explanatory Memorandum is available alongside this instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: EUR 2018/1139, amended by S.I. 2019/645.

[^f00002]: EUR 2010/73, amended by S.I. 2019/459.

[^f00003]: EUR 2011/1178, amended by S.I. 2019/645, 2020/1116, 2021/10 and 2021/614.

[^f00004]: OJ No. L 122, 24.4.2014, p.18-43.

[^f00005]: OJ No. L 212, 22.8.2018, p.1-122.

[^f00006]: EUR 2012/965, amended by S.I. 2019/645, 2020/1116 and 2021/614.

[^f00007]: EUR 2014/139, amended by S.I. 2019/645.

[^f00008]: EUR 2015/640, amended by S.I. 2019/645chapter

[^f00009]: EUR 2017/373, amended by S.I. 2019/459 and 2020/694.

[^f00010]: EUR 2018/395, amended by S.I. 2019/1098, 2020/1116 and 2021/10.

[^f00011]: EUR 2018/1976, amended by S.I. 2019/1098, 2020/1116 and 2021/10.

[^f00012]: EUR 2019/947, amended by S.I. 2020/1593 and 2021/10.