- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). UK Statutory Instruments are not carried in their revised form on this site.
39—(1) This article shall apply to public transport aircraft registered in a country other than the United Kingdom.
(2) An aircraft to which this article applies shall not fly in or over the United Kingdom unless the operator thereof has made available to the flight crew aerodrome operating minima which comply with paragraph (3) in respect of every aerodrome at which it is intended to land or take off and every alternate aerodrome.
(3) The aerodrome operating minima provided in accordance with paragraph (2) shall be no less restrictive than either:
(a)minima calculated in accordance with the notified method for calculating aerodrome operating minima; or
(b)minima which comply with the law of the country in which the aircraft is registered,
whichever are the more restrictive.
(4) (a) An aircraft to which this article applies shall not:
(i)conduct a Category II, Category IIIA or Category IIIB approach and landing; or
(ii)take off when the relevant runway visual range is less than 150 metres,
otherwise than under and in accordance with the terms of an approval granted by the CAA.
(b)An approval granted pursuant to sub-paragraph (a) shall be in writing and may be granted subject to such conditions as the CAA thinks fit.
(5) An aircraft to which this article applies shall not take off or land at an aerodrome in the United Kingdom in contravention of the specified aerodrome operating minima.
(6) Without prejudice to the provisions of paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome, shall not descend from a height of 1000 feet or more above the aerodrome to a height of less than 1000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.
(7) Without prejudice to the provisions of paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome, shall not:
(a)continue an approach to landing at any aerodrome by flying below the relevant specified decision height; or
(b)descend below the relevant specified minimum descent height,
unless in either case from such height the specified visual reference for landing is established and is maintained.
(8) In this article:
(a)‘specified’ means specified by the operator in the aerodrome operating minima made available to the flight crew pursuant to paragraph (2);
(b)‘a Category II approach and landing’ means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with:
(i)a decision height below 200 feet but not less than 100 feet; and
(ii)a runway visual range of not less than 300 metres;
(c)‘a Category IIIA approach and landing’ means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with:
(i)a decision height lower than 100 feet; and
(ii)a runway visual range of not less than 200 metres; and
(d)‘a Category IIIB approach and landing’ means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with:
(i)a decision height lower than 50 feet or no decision height; and
(ii)a runway visual range less than 200 metres but not less than 75 metres.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: