The Hovercraft (Fees) Regulations 1992

Statutory Instruments

1992 No. 1478

HOVERCRAFT

The Hovercraft (Fees) Regulations 1992

Made

18th June 1992

Coming into force

16th July 1992

The Secretary of State for Transport, in exercise of powers conferred on him by article 35 of the Hovercraft (General) Order 1972(1) and of all other powers enabling him in that behalf, and with the approval of the Treasury, hereby makes the following Regulations:

Citation and Commencement

1.  The Regulations may be cited as the Hovercraft (Fees) Regulations 1992 and shall come into force on 16th July 1992.

Interpretation and Revocation

2.—(1) In these Regulations, unless the context otherwise requires—

• “CAA”means the Civil Aviation Authority;

• “costs of making an investigation”means any costs incurred by the CAA in making an investigation;

• “hoverplatform”means a hovercraft with no installed means of propulsion or directional control and where any external agency providing propulsion or directional control is not itself a hovercraft;

• “item”means an engine, propeller, fan, instrument, component, radio apparatus or equipment;

• “maximum weight of the hovercraft”means the maximum total weight specified in the relevant application;

• “the Order”means the Hovercraft (General) Order 1972;

• “the weight of the type of hovercraft”means the maximum permissible weight specified in the Type Certificate.

(2) The Hovercraft (Fees) Regulations 1989(2) are hereby revoked.

3.  The provisions of the Schedule to these Regulations shall have effect with respect to the fees to be paid in connection with the Certificates and other documents and with tests, inspections, investigations, permissions and approvals, required by or for the purposes of the Order.

4.  For the purposes of these Regulations a variation of a document incorporated by reference in a Certificate shall be treated as variation of the Certificate itself.

Signed by authority of the Secretary of State for Transport

Caithness

Minister of State,

Department of Transport

9th June 1992

We approve the making of these Regulations.

Gregory Knight

Tim Wood

Two of the Lords Commissioners of Her Majesty’s Treasury

18th June 1992

Regulation 3

THE SCHEDULE

PART I FEES PAYABLE TO THE CIVIL AVIATION AUTHORITY

General

1.—(1) This Part of the Schedule applies to fees payable to the CAA.

(2) The fees specified in this Part shall be payable when application is made for the certificate, other document or approval as the case may be or, where the amount of the fee is not so specified and depends instead on the actual costs incurred by the CAA, upon receipt of the CAA’s invoice:

Provided that—

(i) the CAA may require that the application shall be accompanied by payment of an amount up to 5 per cent of the maximum of such fee;

(ii) the fee in respect of the investigations made during any month shall be payable at the end of that month and any amount paid on application shall be deducted from the fee payable at the end of the final month of investigations.

Experimental Certificate

2.  Where an application is made for the issue, variation, or renewal of an Experimental Certificate in respect of a hovercraft there shall be paid for any investigations required by the CAA in pursuance of Article 9 of the Order, a fee of an amount equal to the cost of making the investigations:

Provided that the fee shall not exceed, for the first period of 6 months or part thereof required for carrying out the investigations £18,800 or 39p per kg of the maximum weight of the hovercraft, whichever is the greater amount, and thereafter pro rata for every month or part thereof.

Type Certificates for types of hovercraft

3.  Where an application is made for the issue or variation of a Type Certificate in respect of a type of hovercraft, there shall be paid, for any investigations required by the CAA in pursuance of Article 10 of the Order, a fee of an amount equal to the cost of making the investigations:

Provided that—

(a) the fee shall not exceed, for the first period of 12 months or part thereof required for carrying out the investigations £45,150 or 93p per kg of the maximum weight of the hovercraft, whichever is the greater amount, and thereafter pro rata for every month or part thereof;

(b) the cost of the investigations shall not include the cost of investigating any items for which the CAA requires separate type approval;

(c) the cost of the investigations shall not include the cost of any inspection of a craft which also serves as evidence leading to the first issue of a Safety Certificate for that craft.

Type Certificates for items

4.  Where an application is made for the issue or variation of a Type Certificate in respect of a type of item, there shall be paid for any investigations required by the CAA in pursuance of Article 10 of the Order, a fee of an amount equal to the cost of making the investigations:

Provided that the fee shall not exceed for the first period of 12 months or part thereof required for carrying out the investigations £22,550, and thereafter pro rata for every month or part thereof.

Safety Certificates (Issue)

5.—(1) Where an application is made for the issue of a Safety Certificate, in pursuance of Article 11 of the Order, in respect of a hovercraft which has been used solely in accordance with the conditions of an Experimental Certificate issued by the CAA, the fee to be paid in respect thereof (including any investigations undertaken by the CAA in connection with the application) shall be, for each month or part thereof for which the Safety Certificate is to be in force, on the following scale—

Maximum weight of the Hovercraft	Fee per tonne or part thereof
For the first 10 tonnes ... ... ... ...	£7.75
For the next 10 tonnes ... ... ... ...	£6.00
For the next 10 tonnes ... ... ... ...	£3.90
For the next 10 tonnes ... ... ... ...	£2.00
For any excess over 40 tonnes ... ... ... ...	£1.35

plus in each case an amount equal to the fee for an additional 3 months.

(2) Where an application is made for the issue of a Safety Certificate, in pursuance of Article 11 of the Order, in respect of a hovercraft which has not been used solely in accordance with the conditions of an Experimental Certificate issued by the CAA, the fee to be paid in respect thereof shall be in accordance with the scale of sub-paragraph (1) of this paragraph together with a fee equal to the cost of any additional investigations deemed necessary in the circumstances by the CAA:

Provided that the total fee shall not exceed £22,550 or 43.50p per kg of the maximum weight of the hovercraft, whichever is the greater amount, for the first period of 12 months or part thereof required for carrying out the investigation.

Safety Certificates (Renewal)

6.—(1) Where an application is made for the renewal of a Safety Certificate in pursuance of Article 12 of the Order in respect of a hovercraft, within a period of 7 days from the date of expiry of the previous Certificate and where there has been no change in the conditions affecting maintenance during that period, the fee to be paid in respect thereof (including any investigations undertaken by the CAA in connection with the application) shall be, for each month, or part thereof, for which the Certificate is to be renewed, on the following scale—

Maximum weight of the Hovercraft	Fee per tonne or part thereof
For the first 10 tonnes ... ... ... ...	£7.75
For the next 10 tonnes ... ... ... ...	£6.00
For the next 10 tonnes ... ... ... ...	£3.90
For the next 10 tonnes ... ... ... ...	£2.00
For any excess over 40 tonnes ... ... ... ...	£1.35

(2) Where an application for the renewal of a Safety Certificate is not in accordance with the conditions of sub-paragraph (1) of this paragraph or where the storage of the hovercraft has not been in accordance with arrangements having prior CAA approval, the fee to be paid shall be that specified in the scale of sub-paragraph (1) together with the cost of any additional investigations deemed necessary by the CAA:

Provided that the total fee shall not exceed, for the first period of 12 months or part thereof required for carrying out the investigations, £22,550 or 43.50p per kg. of the maximum weight of the hovercraft, whichever is the greater amount.

Variation of Safety Certificates

7.  Where the application is made for the variation of a Safety Certificate there shall be paid for the investigations required by the CAA a fee equal to the cost of making the investigations:

Provided that the fee shall not exceed, for any period of 12 months or part thereof required for carrying out the investigations £45,150 or 93p per kg. of the maximum weight of the hovercraft, whichever is the greater amount, and thereafter pro rata for every month or part of a month.

Approval of Persons

8.—(1) Subject to sub-paragraph (2) of this paragraph, the fee to be paid per annum by a person for the inspection of his organisation for the purposes of approval under Article 14 of the Order shall, for each branch of the organisation which is separately inspected, be in accordance with the following tables—

A: HOVERCRAFT (EXCLUDING HOVERPLATFORMS)

Table 1: Design and construction

Purpose of approval	Fee per tonne of maximum weight of hovercraft for which approval is applied for and granted	Minimum Fee
Either or both of the following: Design and construction of hovercraft	£3.90	£115

Table 2: Maintenance, overhaul and repair

Purpose of approval	Fee per tonne of the weight of type of hovercraft having the greatest weight of any types of hovercraft for which approval is applied for and granted	Minimum Fee
* 1. No fee is payable under Table 2 by an organisation or branch approved for the purposes of construction in respect of approval for the purpose of maintenance, overhaul or repair of hovercraft constructed by that organisation. 2. For approval for the purposes of maintenance, overhaul or repair of hovercraft of which the applicant is the sole operator a fixed fee of £60 will be charged in place of any fees which might otherwise be payable in accordance with Tables 2, 4 or 5.
Any or all of the following: *Maintenance, overhaul and repair of hovercraft	£2.00	£60

B: ENGINES, PROPELLERS, PROPULSION UNITS AND FANS

Table 3: Design and manufacture

Purpose of approval	Fee per maximum shaft h.p. of engine, propeller, propulsion unit or fan for which approval is applied for and granted	Minimum Fee
Any or all of the following: Design and manufacture of engines, propellers, propulsion units or fans	20p	£115

Table 4: Maintenance, overhaul and repair

Purpose of approval	Fee per shaft h.p. of type of engine, propeller, propulsion unit or fan having the greatest shaft h.p. of type of engine propeller, propulsion unit or fan for which approval is applied for and granted	Minimum Fee
† No fee is payable under Table 4 by an organisation or branch approved for the purpose of manufacture in respect of approval for the purpose of maintenance, overhaul or repair of engines, propellers, propulsion units or fans manufactured by that organisation or branch.
Any or all of the following: †Maintenance, overhaul and repair of engines, propellers, propulsion units or fans	10.5p	£ 60

C: OTHER ITEMS

Table 5

Purpose of approval	Fee
Any or all of the following:
Manufacture and design of items not referred to in Table 3 ... ... ... ...	£115
Maintenance, overhaul and repair of such items ... ... ... ...	£60

Table 6

Purpose of approval	Fee
Design and construction of hoverplatforms	An amount equal to the cost of inspection of his organisation: Provided that fee shall not exceed £

(2) In the application of sub-paragraph (1) of this paragraph:

(a) Where a fee would otherwise be payable in respect of an organisation or branch under Table 1, and also under Table 3 or 5 or both, a fee shall only be payable in accordance with Table 1.

(b) Where a fee would otherwise be payable in respect of an organisation or branch under Table 2, and also under Table 4 or 5 or both, a fee shall only be payable in accordance with Table 2.

(c) Where a fee would be payable in respect of a branch or organisation under Table 3, and also under Table 5, a fee shall only be payable in accordance with Table 3.

(d) Where a fee would be payable in respect of a branch or organisation under Table 4, and also under Table 5, a fee shall only be payable in accordance with Table 4.

Maintenance

9.—(1) (a) Where an operator’s organisation is not approved for maintenance, there shall be paid for any visits of inspection pursuant to Article 13 of the Order in excess of one per month made by the CAA to the said operator, a fee equal to the cost of making such visits:

Provided that such fee in no case exceed £400 per visit.

(b) Where the said unapproved operator obtains for the purpose of maintenance either goods or services or both from an organisation which is not approved by the CAA for such purpose, there shall be paid by the operator for any visits of inspection made to the suppliers of such goods or services or both, a fee equal to the cost of making such visits:

Provided that—

(i) a total of one visit per month to the said operator or such suppliers shall not be subject to charges;

(ii) such fee shall in no case exceed £400 per visit.

(2) In this paragraph the term “maintenance”shall be deemed to include the installation of a modification covered by a variation of a document incorporated by reference in a Type Certificate.

(3) In sub-paragraph (1) above “visits of inspection”means visits made to an organisation for the purpose of investigating and approving maintenance arrangements. A visit shall be any visit of twenty-four hours or less.

PART II FEES PAYABLE TO THE SECRETARY OF STATE

General

1.—(1) This Part of the Schedule applies to fees payable to the Secretary of State.

(2) Subject to the following sub-paragraph, a fee shall be paid when application for the service is made, and the applicant is informed of the amount thereof. Any fee based upon the amount of work involved shall be calculated by reference to the Secretary of State’s estimate of the duration of the work likely to be required in consequence of the application of the appropriate hourly rate specified in paragraph 3 or 5 of this Part.

(3) If the duration of the work actually required in consequence of the application is greater or less than its estimated duration, the fee shall be recalculated by reference to the actual duration and the difference shall be paid by, or, as the case may be, refunded to, the applicant.

Certificate of registration

2.  The fee to be paid for the issue of a certificate of registration pursuant to Article 5(7) of the Order shall be £20.

Operating Permits

3.—(1) The fees to be paid for the issue of an operating permit pursuant to Article 18(2) of the Order shall be determined by the amount of work involved (including any investigations carried out preparatory to the issue of the permit) charged at an hourly rate of £37.00 for each type of hovercraft.

(2) The fee to be paid for amending, at the request of the operator:

(a) the area of operation of a type of hovercraft specified in an existing operating permit,

(b) a condition under which an existing operating permit has been issued other than that referred to in (a) above,

shall also be determined by the amount of work involved (including any investigations carried out preparatory to the amendment of the permit) charged at an hourly rate of £37.00.

(3) Notwithstanding sub-paragraph (1) of this paragraph, no fee shall be payable for the issue of an operating permit in respect of hovercraft of a type and operating in an area specified in a permit to fly issued to the applicant pursuant to Article 7 of the Air Navigation Order 1985(3) or having effect as if made thereunder.

Certificates of Qualification

4.  The fee for the issue or endorsement of a Hovercraft Certificate of Qualification other than by examination will be £14.00.

Exemptions

5.—(1) The fees to be paid for an exemption granted under Article 32 of the Order shall be determined by the amount of work involved, charged at an hourly rate of £37.00.

Additional Charges

6.  Fees in respect of surveys or inspections, in or outside the United Kingdom, for waiting time and attendance at unusual hours, weekends and public holidays

(a) when an inspector or surveyor is unable to start an inspection, survey or test at the appointed hour, unless this is for reasons over which the applicant, his agent or supplier has no control; or

(b) where (except for similar reasons) an inspection, survey or test is disrupted; or

(c) where an inspector or surveyor is called upon to perform services in the United Kingdom at unusual hours, or outside the United Kingdom;

an additional fee in accordance with the following table shall be payable:

Provided that where the inspector or surveyor is able to avoid waiting time by carrying out other available surveys or inspection work in the vicinity, for which the appropriate fees have been paid, such additional fees will not be payable.

		£ per hour or part thereof
1.	For waiting time prior to the commencement of and during the course of a survey or inspection:
	for periods not in excess of one hour	No fee
	for periods in excess of one hour—
	for surveys in the United Kingdom	£37.00
	for surveys abroad	£84.00
2.	For abortive visits in the United Kingdom: for the time wasted in excess of one hour at the place of survey or inspection plus time occupied in travelling to and from the place of survey	£37.00
3.	When a surveyor or inspector is called upon to perform services at unusual hours; for work undertaken during the following hours including time occupied in travelling:
	Mondays to Fridays inclusive between 6pm and 8am and all day Saturday	£18.50
	Sundays and Public Holidays	£37.00

Determination of Fees

7.—(1) Where a fee is determined by the amount of work involved on or off a hovercraft:

(a) travelling time in excess of 4 hours for each visit to a hovercraft in the United Kingdom shall be disregarded;

(b) travelling time includes the time taken to travel from the United Kingdom to a hovercraft overseas subject to a maximum of 10 hours in any 24 hour period;

(c) the cost of travelling and subsistence incurred in visiting a hovercraft outside the United Kingdom shall be charged additionally to the hourly rate;

(d) any specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate.

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Hovercraft (Fees) Regulations 1989.

These Regulations prescribe an average increase of 15% in the fees to be paid to the Civil Aviation Authority for the issue of Type and Safety Certificates, and other matters under Part II (Certification and Maintenance) of the Hovercraft (General) Order 1972, and a decrease of about 7.6% in the fees to be paid to the Department of Transport for the issue of operating permits and other matters under Part III (Duties of Operator and Captain) of the Hovercraft (General) Order 1972. They include new provisions to charge for waiting time and unusual hours.

(1)

S.I. 1972/674, to which there is an amendment not relevant to these Regulations.

(2)

S.I. 1989/1613.

(3)

S.I. 1985/1643, to which there are amendments not relevant to these Regulations.