The Air Navigation Order 2009

Certificate of airworthiness to be in force

16.—(1) Subject to paragraphs (2) and (3), an aircraft must not fly unless there is in force for the aircraft a certificate of airworthiness issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator, and any conditions subject to which the certificate was issued or rendered valid are complied with.

(2) The prohibition in paragraph (1) does not apply to flights, beginning and ending in the United Kingdom without passing over any other country, of—

(a) a non-EASA glider flying on a private flight or an aerial work flight which consists of the giving of instruction or testing in a club environment;

(b) a non-EASA balloon flying on a private flight;

(c) a non-EASA kite;

(d) a non-EASA aircraft flying in accordance with the A Conditions or the B Conditions;

(e) an aircraft flying in accordance with a national permit to fly;

(f) an aircraft flying in accordance with a certificate of validation issued by the CAA under article 24; or

(g) a microlight aeroplane which—

(i) is designed to carry one person only;

(ii) has a maximum weight without its pilot and fuel of 115kg;

(iii) has a maximum wing loading without its pilot and fuel of 10kg per square metre; and

(iv) is flying on a private flight.

(3) The prohibition in paragraph (1) does not apply to flights by an aircraft flying in accordance with an EASA permit to fly—

(a) issued by the CAA; or

(b) issued by the competent authority of a Member State other than the United Kingdom which permits the aircraft to fly outside the airspace of the issuing State.

(4) In the case of a non-EASA aircraft registered in the United Kingdom, the certificate of airworthiness referred to in paragraph (1) is, subject to article 17, a national certificate of airworthiness.

(5) In the case of an EASA aircraft registered in the United Kingdom, the certificate of airworthiness referred to in paragraph (1) is an EASA certificate of airworthiness issued by the CAA.

(6) For the purposes of paragraph (1) a certificate of airworthiness—

(a) includes an EASA restricted certificate of airworthiness issued by the CAA; and

(b) includes an EASA restricted certificate of airworthiness issued by the competent authority of a Member State other than the United Kingdom which permits the aircraft to fly outside the airspace of the issuing State.

(7) An aircraft registered in the United Kingdom with an EASA certificate of airworthiness must not fly otherwise than in accordance with any conditions or limitations contained in its flight manual unless otherwise permitted by the CAA.

(8) An aircraft flying clear of cloud and with the surface in sight is, for the purposes of this article, deemed to be flying in accordance with the Visual Flight Rules.