CHAPTER I

PRINCIPLES

Principles for measures under this Regulation
Article 4
1
When taking measures under this Regulation the Secretary of State and the CAA shall:
a
reflect the state of the art and best practices in the field of aviation, and take into account worldwide aviation experience and scientific and technical progress in the respective fields;
b
build on the best available evidence and analysis;
c
allow for immediate reaction to established causes of accidents, serious incidents and intentional security breaches;
d
take into account interdependencies between the different domains of aviation safety, and between aviation safety, cyber security and other technical domains of aviation regulation;
e
lay down, where possible, requirements and procedures in a manner which is performance-based and focuses on objectives to be achieved, while allowing different means of achieving compliance with those performance-based objectives;
f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
take non-binding measures, including safety promotion actions, where possible;
h
take into account the international rights and obligations in the field of civil aviation of the United Kingdom, including those under the Chicago Convention.
2
The measures taken under this Regulation shall correspond and be proportionate to the nature and risk of each particular activity to which they relate. In preparing and enacting such measures, the Secretary of State and the CAA shall take into account, as appropriate for the activity concerned:
a
whether persons other than flight crew are carried on board, and in particular whether the operation is open to members of the public;
b
to what extent third parties or property on the ground could be endangered by the activity;
c
the complexity, performance and operational characteristics of the aircraft involved;
d
the purpose of the flight, the type of aircraft and type of airspace used;
e
the type, scale, and complexity of the operation or activity, including, where relevant, the size and type of the traffic handled by the responsible organisation or person;
f
the extent to which the persons affected by the risks involved in the operation are able to assess and exercise control over those risks;
g
the results of past certification and oversight activities.
Words in Art. 4(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 86(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(1)(f) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 86(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(1)(h) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 86(2)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 86(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)