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The Air Navigation Order 2016

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CHAPTER 4U.K.Other aerial activities

Mooring, tethering, towing, use of cables, etc.U.K.

92.—(1) This article applies to or in relation to—

(a)balloons except unmanned free balloons;

(b)gliders;

(c)kites;

(d)parascending parachutes; and

(e)airships,

within the United Kingdom (which are referred to in this article as “relevant aircraft”).

(2) A relevant aircraft which is launched, moored, tethered or [F1ground towed] must not be operated—

(a)in such a manner as to—

(i)represent a hazard to other airspace users; or

(ii)without the permission of the CAA, result in any part of the relevant aircraft whilst it is being launched or [F1ground towed], or its tether, mooring or towing equipment, extending more than 60 metres above ground level;

(b)within F2... airspace notified for the purpose of this article;

(c)within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome except—

(i)during the day and in Visual Meteorological Conditions; and

(ii)with the permission of the person in charge of the aerodrome, the appropriate air traffic control unit or the CAA.

(3) A relevant aircraft which is flown, launched, moored, tethered or [F1ground towed] must be operated in accordance with any guidance issued from time to time by the CAA relating to such operation.

(4) An airship—

(a)must not be moored within 2km of a congested area unless—

(i)it is moored on a notified aerodrome; or

(ii)it has the permission of the CAA;

(b)must not be moored within the aerodrome traffic zone of a notified aerodrome unless it has the permission of the person in charge of the aerodrome or the air traffic control unit;

(c)when moored in the open must be securely moored and must not be left unattended.

(5) A balloon—

(a)in captive flight must be securely moored and must not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings;

(b)in captive or tethered flight must not be flown within 60 metres of any vessel, vehicle or structure except with the permission of the person in charge of any such vessel, vehicle or structure.

Textual Amendments

F1Words in art. 92(2)(3) substituted (14.12.2017) by The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 22(a)

F2Words in art. 92(2)(b) omitted (14.12.2017) by virtue of The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 22(b)

Release of small balloonsU.K.

93.—(1) A person must not cause or permit—

(a)a group of small balloons of more than 1,000 in number to be simultaneously released at a single site wholly or partly within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome unless that person has given to the CAA at least 28 days previous notice in writing of the release;

(b)a group of small balloons of more than 2,000 but not more than 10,000 in number to be simultaneously released at a single site—

(i)within airspace notified for the purposes of this sub-paragraph; or

(ii)within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome,

except with the permission of the CAA; and

(c)a group of small balloons greater than 10,000 in number to be simultaneously released at a single site except with the permission of the CAA.

[F3(2) In this article, a specified number of balloons counts as “simultaneously released at a single site” if released during a period of not more than 15 minutes from within an area not more than 1km square.]

Textual Amendments

Small unmanned aircraft [F4: requirements]U.K.

F594.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Word in art. 94 heading inserted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(a)

[F6[F7[F8Certain unmanned aircraft: permission for flights that are over or near aerodromesU.K.

94A.—(1) If the permission that is required under paragraph (4) of this article for a flight, or a part of a flight, by an unmanned aircraft has not been obtained—

(a)the UAS operator must not cause or permit the unmanned aircraft to be flown on that flight or that part of the flight, and

(b)the remote pilot must not fly the unmanned aircraft on that flight or that part of that flight.]

F9(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F11Subject to paragraph (4A),] permission for a flight, or a part of a flight, by [F12an unmanned aircraft] in the flight restriction zone of a protected aerodrome is required—

(a)from any air traffic control unit at the protected aerodrome, if the flight, or the part of the flight, takes place during the operational hours of the air traffic control unit;

(b)from any flight information service unit at the protected aerodrome, if the flight, or the part of the flight, takes place during the operational hours of the flight information service unit and either—

(i)there is no air traffic control unit at the protected aerodrome, or

(ii)the flight, or the part of the flight, takes place outside the operational hours of the air traffic control unit at the protected aerodrome;

(c)from the operator of the protected aerodrome, if—

(i)there is neither an air traffic control unit nor a flight information service unit at the protected aerodrome, or

(ii)the flight, or the part of the flight, takes place outside the operational hours of any such unit or units at the protected aerodrome.

[F13(4A) Permission is not required under paragraph (4) for a flight, or a part of a flight, by an unmanned aircraft subject to certification.]

(5) In this article, “operational hours”, in relation to an air traffic control unit or flight information service unit, means the operational hours—

(a)notified in relation to the unit, or

(b)set out in the UK military AIP in relation to the unit.

(6) In this article and article 94B, “protected aerodrome” means—

(a)an F14... certified aerodrome,

(b)a Government aerodrome,

(c)a national licensed aerodrome, or

(d)an aerodrome that is prescribed, or of a description prescribed, for the purposes of this paragraph.

(7) The [F15“flight restriction zone of a protected aerodrome”] is to be determined for the purposes of this article in accordance with the following table—

Type of protected aerodromeThe “[F16flight restriction zone of a protected aerodrome]”

A protected aerodrome which is—

(a) an F17... certified aerodrome,

(b) a Government aerodrome, or

(c) a national licensed aerodrome,

and which has an aerodrome traffic zone.

The [F16flight restriction zone of a protected aerodrome] consists of—

(a) the aerodrome traffic zone at the aerodrome,

(b) any runway protection zones at the aerodrome, and

(c) any additional boundary zones at the aerodrome.

A protected aerodrome which is—

(a) an F17... certified aerodrome,

(b) a Government aerodrome, or

(c) a national licensed aerodrome,

but which does not have an aerodrome traffic zone.

The [F16flight restriction zone of a protected aerodrome] consists of the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of two nautical miles.

But if the longest runway does not have a notified mid-point, the mid-point of that runway is to be used instead for the purposes of determining the [F16flight restriction zone of a protected aerodrome].

A protected aerodrome that is prescribed, or of a description prescribed, under paragraph (6)(d).The [F16flight restriction zone of a protected aerodrome] consists of the zone that is prescribed for the purposes of this paragraph.

Textual Amendments

F6Arts. 94A-94G inserted (30.7.2018 for specified purposes, 30.11.2019 in so far as not already in force) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2)(4), 7

Interpretation of expressions used in the definition of [F18“flight restriction zone of a protected aerodrome”] U.K.

94B.—(1) This article makes provision about the meaning of expressions used in the definition of [F19“flight restriction zone of a protected aerodrome”] in article 94A(7) that applies in relation to a protected aerodrome which is—

(a)an F20... certified aerodrome,

(b)a Government aerodrome, or

(c)a national licensed aerodrome,

and which has an aerodrome traffic zone.

(2) Subject to paragraph (4), there is one runway protection zone for each runway threshold of each runway at the aerodrome.

(3) A “runway protection zone”, in relation to a runway threshold at the aerodrome, is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a rectangle—

(a)whose longer sides measure 5 km,

(b)whose shorter sides measure—

(i)1 km (except in the case of Heathrow Airport), or;

(ii)1.5 km, in the case of Heathrow Airport, and

(c)which is positioned so that—

(i)one of the shorter sides of the rectangle (“side A”) runs across the runway threshold, and

(ii)the two longer sides of the rectangle are parallel to, and equidistant from, the extended runway centre line as it extends from side A out to, and beyond, the runway end to which the runway threshold relates.

(4) There is no runway protection zone—

(a)for any runway threshold at the London Heliport;

(b)for any runway threshold that is prescribed, or of a description prescribed, for the purposes of this paragraph.

(5) The “runway threshold” of a runway at the aerodrome is the location that, for the purpose of demarcating the start of the portion of the runway that is useable for landing, is—

(a)notified as the threshold of the runway, or

(b)set out as the threshold of the runway in the UK military AIP.

(6) The “extended runway centre line”, in relation to a runway at the aerodrome, is an imaginary straight line which runs for the length of the runway along its centre and then extends beyond both ends of the runway.

(7) An “additional boundary zone” is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within any part of the area between—

(a)the boundary of the aerodrome, and

(b)a line that is 1 km from the boundary of the aerodrome (the “1 km line”),

that is neither within the aerodrome traffic zone nor within any runway protection zone at the aerodrome.

(8) The 1 km line is to be drawn so that the area which is bounded by it includes every location that is 1 km from the boundary of the aerodrome, measured in any direction from any point on the boundary.]]

Textual Amendments

F6Arts. 94A-94G inserted (30.7.2018 for specified purposes, 30.11.2019 in so far as not already in force) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2)(4), 7

[F21Certain unmanned aircraft: permission for flights that are over or near space sitesU.K.

94BA.—(1) If the permission that is required under paragraph (2) for a flight, or a part of a flight, by an unmanned aircraft has not been obtained—

(a)the UAS operator must not cause or permit the unmanned aircraft to be flown on that flight or that part of the flight, and

(b)the remote pilot must not fly the unmanned aircraft on that flight or that part of the flight.

(2) Subject to paragraph (3), permission for a flight, or part of a flight, by an unmanned aircraft in the flight restriction zone of a protected space site is required from the operator of the protected space site.

(3) Permission is not required under paragraph (2) for a flight, or a part of a flight, by an unmanned aircraft subject to certification.

(4) In this article—

“protected space site” means—

(a)

a spaceport, as defined by section 3(2) of the Space Industry Act 2018, or

(b)

an installation at sea, at which controlled and planned landings of spacecraft take place or are to take place, which can be moved from place to place without major dismantling or modification,

which is not a certified aerodrome, a Government aerodrome or a national licensed aerodrome;

“spacecraft” has the meaning given in section 2(6) of the Space Industry Act 2018.

(5) The “flight restriction zone of a protected space site” consists of the airspace extending from the surface to a height of 2,000 feet above the level of the protected space site within the area bounded by a circle centred on the mid-point of the launch pad that has the largest area and which has a radius of five kilometres.]

Textual Amendments

Certain small unmanned aircraft: registration as an SUA operatorU.K.

F2294C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certain small unmanned aircraft: requirement for registration as SUA operatorU.K.

F2394D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certain small unmanned aircraft: competency of remote pilotsU.K.

F2494E.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Certain small unmanned aircraft: requirement for acknowledgement of competencyU.K.

F2594F.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Meaning of “remote pilot” and “SUA operator”U.K.

F2694G.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Small unmanned surveillance aircraftU.K.

F2795.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RocketsU.K.

96.—(1) Subject to paragraph (2), this article applies to—

(a)small rockets of which the total impulse of the motor or combination of motors exceeds 160 Newton-seconds; and

(b)large rockets.

(2) This article does not apply to—

(a)an activity to which the Outer Space Act 1986 M1 applies; F28...

[F29(aa)an activity to which the Space Industry Act 2018 applies; or]

(b)a military rocket.

(3) No person may launch a small rocket unless the conditions in paragraph (4), and any of the conditions in paragraphs [F30(5) and (6)] which are applicable, are satisfied.

(4) The first condition is that the person launching the rocket is satisfied on reasonable grounds that—

(a)the flight can be safely made; and

(b)the airspace within which the flight will take place is, and will throughout the flight remain, clear of any obstructions including any aircraft in flight.

(5) The second condition is that the person launching the rocket on a flight within controlled airspace has obtained the permission of the appropriate air traffic control unit for aircraft flying in that airspace.

(6) The third condition is that the person launching the rocket on a flight within an aerodrome traffic zone of an aerodrome during its notified operating hours—

(a)has obtained the permission of the air traffic control unit at the aerodrome; or

(b)if there is no air traffic control unit, has obtained from the aerodrome flight information service unit at that aerodrome information to enable the flight within the zone to be conducted safely; or

(c)if there is no air traffic control unit and no aerodrome flight information service unit, has obtained information from the air/ground communications service unit at that aerodrome to enable the flight to be conducted safely;

F31(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A flight by a large rocket must be carried out under and in accordance with a permission granted by the CAA to the person launching the rocket.

[F32(9) The CAA may only grant permission under paragraph (8) if satisfied that—

(a)the person launching the rocket—

(i)has provided a safety case which demonstrates that the risks to public safety and to property are as low as reasonably practicable; and

(ii)has in place adequate insurance arrangements in respect of those risks for each proposed launch; and

(b)the level of risk to public safety and to property is acceptable to the CAA.]

Textual Amendments

Marginal Citations

Yn ôl i’r brig

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