The Civil Aviation (Safety of Third-Country Aircraft) Regulations 2006

Amendment of the Air Navigation Order 2005

15.  After article 144 there shall be inserted:

“Power to prevent third-country aircraft taking off

144A   Where it appears to an authorised person that a third-country aircraft:

(a) has a safety deficiency and does not comply with international safety standards,

(b) would obviously be hazardous to flight safety and

(c) is intended or is likely to be flown without completion by the operator of the appropriate corrective action

that authorised person shall give to the person appearing to be in command of the aircraft a direction in writing that he shall not permit the aircraft to take off until further notice and take such steps as may be necessary to detain that aircraft.

Notifying competent authority of the detention of a third-country aircraft

144B   An authorised person shall immediately inform the competent authority of the State of the operator of the detention and, where necessary, of the State in which the aircraft is registered.

Validity of certificate of airworthiness

144C   Where—

(a) an aircraft has been prohibited from taking off pursuant to article 144A,

(b) the safety deficiency affects the validity of the certificate of airworthiness of the aircraft and

(c) the CAA has granted the operator of the aircraft an exemption from the requirement that the aircraft have a valid certificate of airworthiness

an authorised person shall not revoke a direction issued pursuant to article 144A unless he is satisfied that the operator has obtained permission for the flight from all States over which it is intended to fly the aircraft.”