The Civil Aviation (Canadian Navigation Services) (Second Amendment) Regulations 1998

Statutory Instruments

1998 No. 205

CIVIL AVIATION

The Civil Aviation (Canadian Navigation Services) (Second Amendment) Regulations 1998

Made

2nd February 1998

Laid before Parliament

4th February 1998

Coming into force

1st March 1998

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by section 73(1)(a), (3), (4), (6)(a) and (9) of the Civil Aviation Act 1982(1) and of all other powers enabling him in that behalf, and with the consent of the Treasury in respect of regulation 2, hereby makes the following Regulations—

1.  These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Second Amendment) Regulations 1998 and shall come into force on 1st March 1998.

2.  The Civil Aviation (Canadian Navigation Services) Regulations 1996(2), shall be amended as follows—

For regulation 4 there shall be substituted the following regulation—

“4.— (1) The operator of an aircraft, wherever registered, shall pay to the CAA charges in respect of air navigation services either made available by or on behalf of the Canadian Minister of Transport or made available by the Corporation or a person acting under the authority of the Canadian Minister of National Defence as follows—

(a) in respect of each flight in the course of which the aircraft makes use of such services within the Gander Oceanic Flight Information Region other than a flight described in sub-paragraph (c) of this paragraph, a charge of $88.33 Canadian;

(b) in respect of each international flight other than a flight between Canada and the United States of America other than Hawaii in the course of which the aircraft makes use of radio frequencies to obtain such services by way of telecommunication services other than a flight described in sub-paragraph (c) of this paragraph, a charge of $58.49 Canadian;

(c) in respect of each flight from or to an airport in Canada situated north of N6000 to or from an airport in Greenland in the course of which the aircraft makes use of one or more of the services described in sub-paragraphs (a) and (b) of this paragraph, a charge of 40 per cent of the charge specified in those sub-paragraphs for each of the services used;

(d) subject to sub-paragraph (f) of this paragraph, in respect of each flight which crosses specified airspace without landing or taking off in Canada in the course of which the aircraft makes use of such services, a charge of $0.03263 Canadian multiplied by the flight distance in kilometres in the great circle distance between the point of entry into and the point of exit from the specified airspace as those points are determined from the flight plan communicated to the appropriate air traffic control unit in relation to each flight and multiplied by the square root of the maximum total weight authorised of the aircraft in metric tonnes;

(e) sub-paragraphs (a) to (d) of this paragraph shall not apply to a flight by an aircraft in the service of a State which is not made for commercial purposes; and

(f) sub-paragraph (d) of this paragraph shall not apply to a flight by an aircraft the maximum total weight authorised of which is 8 metric tonnes or less between any two points both of which are in the United States of America.

(2) The charges specified in sub-paragraphs (a) to (d) of paragraph (1) of this regulation shall be cumulative and shall apply whether or not in the course of the flight the aircraft flies within the United Kingdom or Canada.

(3) If the amount of the charge payable under regulation 4(1) is not paid by the operator of the aircraft within 30 days of the date on which an invoice for the charge is issued, interest calculated in accordance with paragraph (4) below on the unpaid amount shall be paid from that day until the date when payment is made.

(4) Interest payable under paragraph (3) shall be simple interest calculated from day to day at the rate of 18.00 per cent.”.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Glenda Jackson

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

29th January 1998

We consent to the making of these Regulations

Jim Dowd

Jon Owen Jones

Two of the Lords Commissioners of Her Majesty’s Treasury

2nd February 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Civil Aviation (Canadian Navigation Services) Regulations 1996 (S.I. 1996/688) (“the Principal Regulations”). The main changes are as follows:

1.  The charge for the use of air navigation services within the Gander Oceanic Flight Information Region described in regulation 4(1)(a) of the Principal Regulations is increased from $71.60 Canadian to $88.33 Canadian.

2.  The charge in respect of each international flight other than a flight between Canada and the United States of America other than Hawaii in the course of which the aircraft makes use of radio frequencies to obtain air navigation services by way of telecommunication services described in regulation 4(1)(b) of the Principal Regulations is increased from $53.68 Canadian to $58.49 Canadian.

3.  The charge for each flight which crosses specified airspace without landing or taking off in Canada in the course of which the aircraft makes use of air navigation services described in regulation 4(1)(d) of the Principal Regulations is increased from $0.026142 Canadian to $0.03263 Canadian.

4.  Regulation 4(1)(f) of the Principal Regulations is amended to remove the exemption from charges for air navigation services made available by or on behalf of the Canadian Minister of Transport, Nav Canada or a person acting under the authority of the Canadian Minister of National Defence in respect of a flight between any two points both of which are in the United States of America except in respect of a flight by an aircraft the maximum total weight authorised of which is 8 metric tonnes or less.

5.  The rate of interest specified in regulation 4(4) of the Principal Regulations is increased from 10.28 per cent to 18 per cent.

(1)

1982 c. 16; section 73(4) was amended bysection 3(2) of the Civil Aviation (Eurocontrol) Act 1983 (c. 11). The expression “prescribed” is defined in section 105(1).

(2)

S.I. 1996/688, amended by S.I. 1996/2540.