The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019

Explanatory Note

(This note is not part of the Order)

This Order implements certain provisions of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (“the Directive”).

In particular, this Order transposes the Directive's requirements relating to dangers arising from cosmic radiation in relation to exposure incurred, or liable to be incurred, by aircrew and spacecrew while performing duties on board aircraft or spacecraft.

This Order revokes provisions in from the Air Navigation Order 2016 (S.I. 2016/765) relating to exposure to cosmic radiation and the keeping of certain records and revokes in its entirety the Air Navigation (Cosmic Radiation) (Keeping of Records) Regulations 2000 (S.I. 2000/1380), subject to the savings set out in article 28(3) and (4).

Part 1 of this Order contains introductory provisions. Article 2 contains interpretation provisions. Article 3 provides for the application of the Order. Article 4 contains the meaning of the term “operator”.

Part 2 contains generally applicable provisions relating to cosmic radiation.

Article 5 places restrictions on the amount of cosmic radiation to which operators may expose their crew.

Article 6 requires operators to perform a suitable and sufficient assessment of the magnitude of risk to crew from exposure to cosmic radiation (a “risk assessment”) before undertaking aircraft or spacecraft operations. And where a risk assessment has already been performed, no further risk assessment needs to be undertaken in relation to that aircraft or spacecraft unless one of three specified circumstances occur. Further, operators must take into account the results of risk assessments when managing the operation of aircraft or spacecraft with a view to minimising as far as possible the exposure of crew members to cosmic radiation.

Article 7 requires operators to assess the exposure to cosmic radiation of “relevant crew members”, take into account that assessment when organising working schedules and inform each crew member of their assessed dose.

Article 8 makes provision for the protection of pregnant crew.

Article 9 requires operators monitor the exposure to cosmic radiation of crew other than classified crew. Monitoring must be sufficient to identify any crew members who should be classified. Monitoring may be done using one of the computer programmes listed in the article, or one which performs an equivalent funciton.

Article 10 requires operators to provide certain information to crew.

Article 11 places requirement on operators in the case of an “overexposure” (as defined).

Article 12 provides that where a crew member is overexposed, no operator may expose the crew member to more than a proportional amount of cosmic radiation or, if lower, the yearly dose limit remaining in relation to that crew member (minus the dose giving rise to the overexposure).

Part 3 contains provisions that relate only to classified crew,

Article 13 provides that operators may classify crew members, subject to the crew member being determined by a doctor following a medical examination as being fit to work as a classified crew member. Operators must review classified crew members' suitability to be classified following each medical examination or assessment.

Article 14 provides for the medical surveillance of classified crew members.

Article 15 requires health records to be created and maintained for each classified crew member. A health record must be in writing and must contain the information specified in the Schedule.

Article 16 provides for monitoring of classified crew.

Article 17 makes provision for the keeping of records relating to monitoring under article 16.

Article 18 makes provision for an “interested person” to access records of individual exposure to cosmic radiation.

Part 4 contains provisions relating to the instruction of experts.

Article 19 requires operators to instruct a suitably qualified person to review the processes implemented by the operator to comply with this Order, within the period specified in the article.

Part 4 contains provisions relating to inspections, documents, records and powers of the CAA

Article 20 empowers the CAA to require operators to provide certain information or documents.

Article 21 gives the CAA the right of access to aerodromes and other places to inspect any document for the purpose of monitoring compliance with this Order and any equipment or software used or to be used in connection with monitoring exposure to cosmic radiation.

Article 22 prohibits any person from making a false statement in a health record under article 15 or a record of exposure to cosmic radiation under article 17. It also prohibits any person from destroying any such record for the period it is required to be kept under this Order.

Article 23 places a duty on the CAA to communicate the findings of any inspection under this Order to the operator to whom the inspection relates.

Article 24 empowers the CAA to determine that an operator is not authorised for the purposes of this Order. Where it makes such a determination, the CAA must inform the operator and provide written reasons for making the determination. The CAA may rescind a determination, either of its own accord or on application by the operator.

Article 25 prohibits any person from obstructing the CAA while it is exercising a power under this Order.

Part 6 contains provisions relating to offences and penalties under this Order.

Part 7 contains transitional, revocation and savings provisions.

Part 8 imposes a duty on the Secretary of State to review this Order.

An impact assessment has not been produced for this instrument as it has no significant impact on business, on civil society organisations or on the public sector.