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

2.  The Civil Aviation (Canadian Navigation Services) Regulations 1996(1), 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.”.

(1)

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