The Armed Forces (Specified Aviation and Marine Functions) Regulations 2018

Specified aviation functions: duties relating to aviation

3.—(1) A duty of a person subject to service law is specified as an aviation function for the purposes of section 93A(3A) and (3B)(1) of the Armed Forces Act 2006 if it is any duty—

(a) as a member of the flight deck crew of one of Her Majesty’s ships;

(b) to supervise, certify or carry out maintenance on an aircraft;

(c) to authorise a military flight;

(d) of a pilot of an aircraft during flight or when conducting a ground run;

(e) of any other member of the crew of an aircraft during flight;

(f) of a person on board an aircraft during flight—

(i) to give or supervise training or to administer a test; or

(ii) to observe a period of practice or to monitor or record the gaining of experience;

(g) as an air traffic controller;

(h) of an operator of a remotely-piloted aerial system in flight;

(i) of a person in relation to the handling or use on an aircraft, or the operation on or from it, of a depth-charge launcher, firearm, mortar, rocket or torpedo;

(j) of a person handling, or supervising the handling of, explosives being loaded onto, carried on or in, or unloaded from an aircraft;

(k) to ensure any part of the following activities is carried out safely—

(i) fuelling, or removing fuel from, an aircraft;

(ii) loading cargo onto or suspending cargo from an aircraft (including securing that cargo) or unloading cargo carried by or suspended from an aircraft;

(iii) picking up a person or cargo from an aircraft or raising a person or cargo to an aircraft;

(iv) dropping (whether or not by parachute), lowering or projecting a person or cargo from an aircraft; or

(v) an activity carried out in close proximity to an aircraft operating under its own power.

(2) In this regulation “air traffic controller” means a person directing or controlling the direction of aircraft in flight, taking off, or landing.

(1)

Section 93A(3A) and (3B) were inserted by section 2(2)(g) of the Armed Forces Act 2016.