The Air Navigation Order 1989

PART X GENERAL

Restriction with respect to carriage for valuable consideration in aircraft registered outside the United Kingdom

88.—(1) An aircraft registered in a Contracting State other than the United Kingdom, or in a foreign country, shall not take on board or discharge any passengers or cargo in the United Kingdom, where valuable consideration is given or promised in respect of the carriage of such passengers or cargo, except with the permission of the Secretary of State granted under this article to the operator or the charterer of the aircraft or to the Government of the country in which the aircraft is registered, and in accordance with any conditions to which such permission may be subject.

(2) Without prejudice to the provisions of article 67 of this Order or of paragraph (1) of this article, any breach by a person to whom a permission has been granted under this article of any condition to which that permission was subject shall constitute a contravention of this article.

Filing and approval of tariffs

89.—(1) Where a permission granted under article 88(1) of this Order contains a tariff provision, the operator or charterer of the aircraft concerned shall file with the Authority the tariff which it proposes to apply on flights to which the said permission relates and the Authority shall consider the proposed tariff and may, if it thinks fit, approve or disapprove it.

(2) For the purposes of this article, “tariff provision” means a condition as to any of the following matters:

(a) the price to be charged for the carriage of passengers, baggage or cargo on flights to which a permission granted under article 88(1) of this Order relates;

(b) any additional goods, services or other benefits to be provided in connection with such carriage;

(c) the prices, if any, to be charged for any such additional goods, services or benefits; and

(d) the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo;

and includes any condition as to the applicability of any such price, the provision of any such goods, services or benefits or the payment of any such commission or of commission at any such rate.

(3) The Authority shall act on behalf of the Crown in performing the functions conferred on it by this article.

Permissions for inter-regional scheduled air services within the European Community

90.—(1) Subject to paragraph (3) of this article the Secretary of State shall grant permission pursuant to article 88 to the operator of an aircraft (where such permission is required) so as to authorise an inter-regional air service within the meaning of Council Directive 83/416/EEC(1) as amended by Council Directives 86/216/EEC(2) and 89/463/EEC(3) where the operator is an air carrier within the meaning of that Directive and pursuant to the Directive the United Kingdom is obliged to authorise him to operate Such a service.

(2) Any such permission may contain conditions, but these may not be such as to give the operator a lesser authorisation than that to which he is entitled under article 5 of the Directive and may not entitle the Authority to disapprove the tariffs charged by the operator if the conditions set out in article 7 of the Directive are met.

(3) The Secretary of State may refuse to grant such a permission on any of the grounds set out in article 6 of the Directive.

(4) A decision of the Secretary of State to grant or to refuse to grant such a permission shall be notified to the Member State which forwards the application for the said permission and to the European Commission within 3 months of his receipt of that application. The reasons for any refusal to grant such a permission shall be provided in writing upon request made by that State or by the European Commission.

Tariffs for scheduled air services between Member States of the European Community

91.—(1) Paragraph (2) of this article applies where, in accordance with the conditions of a permission granted by the Secretary of State pursuant to article 88, the operator of an aircraft may only charge approved tariffs on a route between the United Kingdom and another Member State of the European Community and the United Kingdom is under any obligation in relation to the approval of such a tariff pursuant to Council Directive 87/601/EEC(4).

(2) Where this paragraph applies, the Authority shall upon receipt of an application for the approval of a tariff approve that tariff if the tariff satisfies the criteria established by article 3 of the Directive, shall observe the procedures established by article 4 of the Directive, and shall approve a tariff falling within a zone of flexibility, or the additional flexibility, as described in article 5 of the Directive if required by that article.

(3) The requirement in paragraph (2) to observe the procedures established by article 4 of the Directive or to approve a tariff falling within a zone of flexibility, or additional flexibility, as described in article 5 of the Directive does not apply in any case where the United Kingdom Government has agreed more flexible arrangements with the Government of the other Member State concerned either as to the procedures to be adopted for the approval of tariffs in relation to air services between the United Kingdom and that Member State or, as the case may be, as to the circumstances in which discounted tariffs will be permitted on such services, and is operating those arrangements.

(4) Where a tariff to which paragraph (2) applies has not been approved by the Authority the Secretary of State shall notify the other Member State concerned and if required to do so shall adopt the consultation and arbitration procedure prescribed in article 7 of the Directive; the aircraft operator may charge the relevant existing tariff (notwithstanding any condition in its permission to the contrary) for so long as that procedure is still being implemented and where following that procedure the European Commission confirms an arbitration award that a tariff may be charged, or is deemed to have confirmed the award, the tariff shall be treated as an approved tariff.

Restriction with respect to aerial photography, aerial survey and aerial work in aircraft registered outside the United Kingdom

92.—(1) An aircraft registered in a Contracting State other than the United Kingdom, or in a foreign country, shall not fly over the United Kingdom for the purpose of aerial photography or aerial survey (whether or not valuable consideration is given or promised in respect of the flight or the purpose of the flight) or for the purpose of any other form of aerial work except with the permission of the Secretary of State granted under this article to the operator or the charterer of the aircraft and in accordance with any conditions to which such permission may be subject.

(2) Without prejudice to the provisions of article 67 of this Order or of paragraph (1) of this article, any breach by a person to whom a permission has been granted under this article of any condition to which that permission was subject shall constitute a contravention of this article.

Flights over any foreign country

93.—(1) The operator or commander of an aircraft registered in the United Kingdom (or, if the operator’s principal place of business or permanent residence is in the United Kingdom, any other aircraft) which is being flown over any foreign country shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

(2) A person does not contravene paragraph (1) of this article if he neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in paragraph (1).

(3) The operator or commander of an aircraft registered in the United Kingdom (or, if the operator’s principal place of business or permanent residence is in the United Kingdom, any other aircraft) which is being flown over any foreign country shall comply with any directions given by the appropriate aeronautical authorities of that country whenever:

(a) the flight has not been duly authorised; or

(b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country;

unless the lives of persons on board or the safety of the aircraft would thereby be endangered.

(4) A person does not contravene paragraph (3) of this article if he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.

(5) The requirement in paragraph (3) of this article is without prejudice to any other requirement to comply with directions of an aeronautical authority.

(6) In this article “appropriate aeronautical authorities” includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

Mandatory reporting

94.—(1) Subject to the provisions of this article, every person who:

(a) is the operator or the commander of a public transport aircraft which is registered in the United Kingdom and has a maximum total weight authorised of more than 2300kg.;

(b) carries on the business of manufacturing, repairing or overhauling such an aircraft, or any equipment or part thereof;

(c) signs a certificate of maintenance review, or of release to service in respect of such an aircraft, part or equipment;

(d) performs a function for which he requires an air traffic controller’s licence; or

(e) is the licensee or manager of a licensed aerodrome, shall:

(i) make a report to the Authority of any reportable occurrence of which he knows and which is of such a description as may be prescribed; the report shall be made within such time, by such means, and shall contain such information as may be prescribed and it shall be presented in such form as the Authority may in any particular case approve; and

(ii) make a report to the Authority, within such time, by such means, and containing such information as the Authority may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to a reportable occurrence which has been reported by him or by another person to the Authority in accordance with this article.

(2) In this article “reportable occurrence” means:

(a) any incident relating to such an aircraft or any defect in or malfunctioning of such an aircraft or any part or equipment of such an aircraft, being an incident, malfunctioning or defect endangering, or which if not corrected would endanger, the aircraft, its occupants, or any other person; and

(b) any defect in or malfunctioning of any facility on the ground used or intended to be used for purposes of or in connection with the operation of such an aircraft, being a defect or malfunctioning endangering, or which if not corrected would endanger, such an aircraft or its occupants:

Provided that any accident notified to the Secretary of State in pursuance of regulations made under section 75 of the Civil Aviation Act 1982(5) shall not constitute a reportable occurrence for the purposes of this article.

(3) Subject to paragraph (1)(ii) of this article, nothing in this article shall require a person to report any occurrence which he has reason to believe has been or will be reported by another person to the Authority in accordance with this article.

(4) A person shall not make any report under this article if he knows or has reason to believe that the report is false in any particular.

(5) Without prejudice to article 40(2),(4) and (5) and subject to the provisions of article 65 of this Order, the operator of an aircraft shall, if he has reason to believe that a report has been or will be made in pursuance of this article, preserve any data from a flight data recorder or a combined cockpit voice recorder/flight data recorder relevant to the reportable occurrence for 14 days from the date on which a report of that occurrence is made to the Authority or for such longer period as the Authority may in a particular case direct:

Provided that the record may be erased if the aircraft is outside the United Kingdom and it is not reasonably practicable to preserve the record until the aircraft reaches the United Kingdom.

Power to prevent aircraft flying

95.—(1) If it appears to the Authority or an authorised person that any aircraft is intended or likely to be flown:

(a) in such circumstances that any provision of article 3, 5, 6, 7, 19, 20, 29, 40, 46 or 47 of this Order would be contravened in relation to the flight;

(b) in such circumstances that the flight would be in contravention of any other provision of this Order or any regulations made thereunder and be a cause of danger to any person or property whether or not in the aircraft; or

(c) while in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of this Order or of any regulation made thereunder;

the Authority or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Authority or by an authorised person, and the Authority or that authorised person may take such steps as are necessary to detain the aircraft.

(2) For the purposes of paragraph (1) of this article the Authority or any authorised person may enter upon and inspect any aircraft.

(3) If it appears to the Secretary of State or an authorised person that any aircraft is intended or likely to be flown in such circumstances that any provision of article 88, 92 or 93 of this Order would be contravened in relation to the flight, the Secretary of State or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make a particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Secretary of State or by an authorised person, and the Secretary of State or any authorised person may take such steps as are necessary to detain the aircraft.

(4) For the purposes of paragraph (3) of this article the Secretary of State or any authorised person may enter upon any aerodrome and may enter upon and inspect any aircraft.

Right of access to aerodromes and other places

96.  The Authority and any authorised person shall have the right of access at all reasonable times:

(a) to any aerodrome, for the purpose of inspecting the aerodrome;

(b) to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or any document which it or he has power to demand under this Order, or for the purpose of detaining any aircraft under the provisions of this Order; and

(c) to any place where an aircraft has landed, for the purpose of inspecting the aircraft or any document which it or he has power to demand under this Order and for the purpose of detaining the aircraft under the provisions of this Order:

Provided that access to a Government aerodrome or aerodrome owned or managed by the Authority shall only be obtained with the permission of the person in charge of the aerodrome.

Obstruction of persons

97.  A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.

Enforcement of directions

98.  Any person who without reasonable excuse fails to comply with any direction given to him under any provision of this Order or any regulations made thereunder shall be deemed for the purposes of this Order to have contravened that provision.

Penalties

99.—(1) If any provision of this Order or of any regulations made thereunder is contravened in relation to an aircraft, the operator of that aircraft and the commander thereof shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

(2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or of any regulations made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.

(3) Where a person is charged with contravening a provision of this Order or of any regulations made thereunder by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work the flight shall be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor suspected that the flight was for that purpose.

(4) If any person contravenes any provision of this Order, other than articles 90 or 91, or of any regulations made thereunder, not being a provision referred to in paragraphs (5) or (6) of this article, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.

(5) If any person contravenes any provision specified in Part A of Schedule 12 to this Order he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1000.

(6) If any person contravenes any provision specified in Part B of the said Schedule he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2000 and on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years or both.

Extra-territorial effect of the Order

100.—(1) Except where the context otherwise requires, the provisions of this Order:

(a) in so far as they apply (whether by express reference or otherwise) to aircraft registered in the United Kingdom, shall apply to such aircraft wherever they may be;

(b) in so far as they apply as aforesaid to other aircraft shall apply to such other aircraft when they are within the United Kingdom or on or in the neighbourhood of an offshore installation;

(c) in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in, or by any of the crew of, any aircraft registered in the United Kingdom, shall apply to such persons and crew, wherever they may be;

(d) in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in the United Kingdom by other persons shall, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be; and

(e) in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft on or in the neighbourhood of an offshore installation, shall apply to every person irrespective of his nationality or, in the case of a body corporate, of the law under which it was incorporated and wherever that person or body may be.

(2) Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948(6) (which limits the criminal liability of certain persons who are not citizens of the United Kingdom and colonies) that that person shall not be guilty of an offence.

Aircraft in transit over certain United Kingdom territorial waters

101.—(1) Where an aircraft, not being an aircraft registered in the United Kingdom, is flying over the territorial waters adjacent to the United Kingdom within part of a strait referred to in paragraph (4) of this article solely for the purpose of continuous and expeditious transit of the strait, only the following articles of and Schedules to this Order shall apply to that aircraft:

• article 14 and Schedule 5, to the extent necessary for the monitoring of the appropriate radio frequency, article 69(1)(a), (b) and (e), article 69(2), (3) and (4), together with the regulations made thereunder, article 104 and Part A of Schedule 12.

(2) The powers conferred by the provisions referred to in paragraph (1) of this article shall not be exercised in a way which would hamper the transit of the strait by an aircraft not registered in the United Kingdom, but without prejudice to action needed to secure the safety of aircraft.

(3) In this article “transit of the strait” means overflight of the strait from an area of high seas at one end of the strait to an area of high seas at the other end, or flight to or from an area of high seas over some part of the strait for the purpose of entering, leaving or returning from a State bordering the strait and “an area of high seas” means any area outside the territorial waters of any State.

(4) The parts of the straits to which this article applies are specified in Schedule 13 to this Order.

Application of Order to British-controlled aircraft not registered in the United Kingdom

102.  The Authority may direct that such of the provisions of this Order and of any regulations made or having effect thereunder as may be specified in the direction Shall have effect as if reference in those provisions to aircraft registered in the United Kingdom included references to the aircraft specified in the direction, being an aircraft not so registered but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the United Kingdom.

Application of Order to the Crown and visiting forces, etc.

103.—(1) Subject to the following provisions of this article, the provisions of this Order shall apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aircraft and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft and in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft:

Provided that nothing in this article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.

(2) Save as otherwise expressly provided the naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order and of any regulations made thereunder to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.

(3) Save as otherwise provided by paragraph (4) of this article, article 56(4) and (8), article 69(1)(a) and article 83 of this Order. nothing in this Order shall apply to or in relation to any military aircraft.

(4) Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force or international headquarters, the following provisions of this Order shall apply on the occasion of that flight, that is to say, articles 50, 51, 52 and 74 and in addition article 69 (so far as applicable) shall apply unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.

Exemption from Order

104.  The Authority may exempt from any of the provisions of this Order (other than articles 67, 88, 89, 92, 93 or 105 thereof) or any regulations made thereunder, any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as it thinks fit.

Appeal to County Court or Sheriff’s Court

105.—(1) Subject to paragraph (2) of this article, an appeal shall lie to a county court from any decision of the Authority that a person is not a fit person to hold a licence to act as an aircraft maintenance engineer, member of the flight crew of an aircraft, air traffic controller, student air traffic controller or aerodrome flight information service officer, and if the court is satisfied that on the evidence submitted to the Authority it was wrong in so deciding, the court may reverse the Authority’s decision and the Authority shall give effect to the court’s determination:

Provided that an appeal shall not lie from a decision of the Authority that a person is not qualified to hold the licence by reason of a deficiency in his knowledge, experience, competence, skill, physical or mental fitness.

(2) (a) If the appellant resides or has his registered or principal office in Scotland the appeal shall lie to the Sheriff within whose jurisdiction he resides and the appeal shall be brought within 21 days from the date of the Authority’s decision or within such further period as the sheriff may in his discretion allow.

(b) Notwithstanding any provision to the contrary in rules governing appeals to a county court in Northern Ireland, if the appellant resides or has his registered or principal office in Northern Ireland the appeal shall lie to the county court held under the County Courts (Northern Ireland) Order 1980(7).

(3) The Authority shall be a respondent to any appeal under this article.

(4) For the purposes of any provision relating to the time within which an appeal may be brought, the Authority’s decision shall be deemed to have been taken on the date on which the Authority furnished a statement of its reasons for the decision to the applicant for the licence, or as the case may be, the holder of former holder of it.

(5) In the case of an appeal to the sheriff:

(a) the sheriff may, if he thinks fit, and shall on the application of any party, appoint one or more persons of skill and experience in the matter to which the proceedings relate to act as assessor, but where it is proposed to appoint any person as an assessor objection to him either personally or in respect of his qualification may be stated by any party to the appeal and shall be considered and disposed of by the sheriff;

(b) the assessors for each sheriffdom shall be appointed from a list of persons approved for the purposes by the sheriff principal and such a list shall be published in such manner as the sheriff principal shall direct and shall be in force for 3 years only, but persons entered in any such list may be again approved in any subsequent list; it shall be lawful for the sheriff principal to defer the preparation of such a list until application has been made to appoint an assessor in an appeal in one of the courts in his sheriffdom;

(c) the sheriff before whom an appeal is heard with the assistance of an assessor shall make a note of any question submitted by him to such assessor and of the answer thereto;

(d) an appeal shall lie on a point of law from any decision of a sheriff under this article to the Court of Session.

Interpretation

106.—(1) In this Order, unless the context otherwise requires:

• “Aerial work” has the meaning assigned to it by article 107 of this Order;

• “Aerial work aircraft” means an aircraft (other than a public transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;

• “Aerial work undertaking” means an undertaking whose business includes the performance of aerial work;

• “Aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;

• “Aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

• “Aerodrome flight information unit” means a person appointed by the Authority or by any other person maintaining an aerodrome to give information by means of radio signals to aircraft flying or intending to fly within the aerodrome traffic zone of that aerodrome and “aerodrome flight information service” shall be construed accordingly;

• “Aerodrome operating minima” in relation to the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing, which are the minimum for the operation of that aircraft at that aerodrome;

• “Aerodrome traffic zone” means the airspace specified below, being airspace in the vicinity of an aerodrome which is notified for the purposes of rule 35 of the Rules of the Air and Air Traffic Control Regulations 1985(8):

  (a)

  in relation to such an aerodrome other than one which is on an offshore installation:

  (i)

  at which the length of the longest runway is notified as 1850 metres or less, the airspace extending from the surface to a height of 2000ft. 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 2 nautical miles:

  Provided that where such an aerodrome traffic zone would extend less than 1½ nautical miles beyond the end of any runway at the aerodrome and this proviso is notified as being applicable, sub-paragraph (ii) hereof shall apply as though the length of the longest runway is notified as greater than 1850 metres;

  (ii)

  at which the length of the longest runway is notified as greater than 1850 metres, the airspace extending from the surface to a height of 2000ft. 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 2½ nautical miles;

  (b)

  in relation to such an aerodrome which is on an offshore installation, the airspace extending from mean sea level to 2000ft. above mean sea level and within 1½ nautical miles of the offshore installation;

  except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this order as being the controlling aerodrome;

• “Aeronautical beacon” means an aeronautical ground light which is visible either continuously or intermittently to designate a particular point on the surface of the earth;

• “Aeronautical ground light” means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

• “Aeronautical radio station” means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft;

• “Air traffic control unit” means a person appointed by the Authority or by any other person maintaining an aerodrome or place to give instructions or advice or both instructions and advice by means of radio signals to aircraft in the interests of safety but does not include a person so appointed solely to give information to aircraft, and “Air traffic control service” shall be construed accordingly;

• “Air transport undertaking” means an undertaking whose business includes the carriage by air of passengers or cargo for valuable consideration;

• “Annual costs” in relation to the operation of an aircraft means the best estimate reasonably practicable at the time of a particular flight in respect of the year commencing on the first day of January preceding the date of the flight, of the costs of keeping and maintaining and the indirect costs of operating the aircraft, such costs in either case excluding direct costs and being those actually and necessarily incurred without a view to profit;

• “Annual flying hours” means the best estimate reasonably practicable at the time of a particular flight by an aircraft of the hours flown or to be flown by the aircraft in respect of the year commencing on the first day of January preceding the date of the flight;

• “Approach to landing” means that portion of the flight of the aircraft, when approaching to land, in which it is descending below a height of 1000ft. above the relevant specified decision height or minimum descent height;

• “Appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;

• “Appropriate air traffic control unit” means in relation to an aircraft the air traffic control unit serving the area in which the aircraft is for the time being;

• “Authorised person” means:

  (a)

  any constable;

  (b)

  in article 95(3) and (4) any person authorised by the Secretary of State (whether by name, or by class or description) either generally or in relation to a particular case or class of cases; and

  (c)

  in article 95(1) and (2) and in any article other than article 95, any person authorised by the Authority (whether by name or by class description) either generally or in relation to a particular case or class of cases;

• “the Authority” means the Civil Aviation Authority;

• “Beneficial interest” has the same meaning as in section 57 of the Merchant Shipping Act 1894(9);

• “Cabin attendant” in relation to an aircraft means a person on a flight for the purpose of public transport carried for the purpose of performing in the interests of the safety of passengers duties to be assigned by the operator or the cOmmander of the aircraft but who shall not act as a member of the flight crew;

• “Captive balloon” means a balloon which when in flight is attached by a restraining device to the surface;

• “Cargo” includes mail and animals;

• “Certificate of airworthiness” includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;

• “Certificate of maintenance review” and “certificate of release to service” have the meanings respectively assigned to them by articles 9(1) and 11(5) of this Order;

• “Certificated for single pilot operation” means an aircraft which is not required to carry more than one pilot by virtue of any one or more of the following:

  (a)

  the certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered;

  (b)

  if no certificate of airworthiness is required to be in force, the certificate of airworthiness, if any, last in force in respect of the aircraft;

  (c)

  if no certificate of airworthiness is or has previously been in force but the aircraft is identical in design with an aircraft in respect of which such a certificate is or has been in force, the certificate of airworthiness which is or has been in force in respect of such an identical aircraft; or

  (d)

  in the case of an aircraft flying in accordance with the conditions of a permit to fly issued by the Authority, that permit to fly;

• “Cloud ceiling” in relation to an aerodrome means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;

• “Commander” in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

• “the Commonwealth” means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981(10) and all other territories forming part of Her Majesty’s dominions or in which Her Majesty has jurisdiction;

• “Competent authority” means in relation to the United Kingdom, the Authority, and in relation to any other country. the authority responsible under the law of that country for promoting the safety of civil aviation;

• “Conditional sale agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974(11);

• “Congested area” in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;

• “Contracting State” means any State (including the United Kingdom) which is party to the Convention on International Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on 7th December 1944;

• “Controlled airspace” means control areas and control zones;

• “Control area” means airspace which has been notified as such and which extends upwards from a notified altitude or flight level;

• “Control zone” means airspace which has been notified as such and which extends upwards from the surface;

• “Co-pilot” in relation to an aircraft means a pilot who in performing his duties as such is subject to the direction of another pilot carried in the aircraft;

• “Country” includes a territory;

• “Crew” means a member of the flight crew, a person carried on the flight deck who is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required in respect of the flight crew under article 28(2) of this Order or a cabin attendant;

• “Danger area” shall mean airspace which has been notified as such within which activities dangerous to the flight of aircraft may take place or exist at such times as may be notified;

• “Decision height” in relation to the operation of an aircraft at an aerodrome means the height in a precision approach at which a missed approach must be initiated if the required visual reference to continue that approach has not been established;

• “Direct costs” means, in respect of a flight, the costs actually and necessarily incurred in connection with that flight without a view to profit but excluding any remuneration payable to the pilot for his services as such;

• “Flight” and “to fly” have the meanings respectively assigned to them by paragraph (2) of this article;

• “Flight crew” in relation to an aircraft means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft;

• “Flight level” means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1013.2 millibars;

• “Flight recording system” means a system comprising either a flight data recorder or a cockpit voice recorder or both;

• “Flight simulator” means apparatus by means of which flight conditions in an aircraft are simulated on the ground;

• “Flight visibility” means the visibility forward from the flight deck of an aircraft in flight;

• “Foreign country” shall, for the purposes of articles 88 and 92, include Hong Kong;

• “Free balloon” means a balloon which when in flight is not attached by any form of restraining device to the surface;

• “General lighthouse authority” has the same meaning as in section 634 of the Merchant Shipping Act 1894(12);

• “Government aerodrome” means any aerodrome in the United Kingdom which is in the occupation of any Government Department or visiting force;

• “Hire-purchase agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974(13);

• “Instrument Flight Rules” means Instrument Flight Rules prescribed under article 69(1) of this Order;

• “Instrument Meteorological Conditions” means weather precluding flight in compliance with the Visual Flight Rules;

• “International headquarters” means an international headquarters designated by Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964(14);

• “to land” in relation to aircraft includes alighting on the water;

• “Legal personal representative” has the same meaning as in section 742 of the Merchant Shipping Act 1894(15);

• “Licence” includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;

• “Licence for public use” has the meaning assigned to it by article 78(3) of this Order;

• “Licensed aerodrome” means an aerodrome licensed under this Order;

• “Lifejacket” includes any device designed to support a person individually in or on the water;

• “Log book” in the case of an aircraft log book, engine log book or variable pitch propeller log book, or personal flying log book, includes a record kept either in a book, or by any other means approved by the Authority in the particular case;

• “Maximum total weight authorised” in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

• “Microlight aeroplane” means an aeroplane having a maximum total weight authorised not exceeding 390kg., a wing loading at the maximum total weight authorised not exceeding 25kg. per square metre, a maximum fuel capacity not exceeding 50 litres and which has been designed to carry not more than 2 persons;

• “Military aircraft” includes the naval, military or air force aircraft of any country and:

  (a)

  any aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and

  (b)

  any aircraft in respect of which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

• “Minimum descent height” in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference;

• “Nautical mile” means the International Nautical Mile, that is to say, a distance of 1852 metres;

• “Night” means the time between half an hour after sunset and half an hour before sunrise, sunset and sunrise being determined at surface level;

• “Non-precision approach” means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;

• “Notified” means set forth in a document published by the Authority and entitled “United Kingdom Notam” or “United Kingdom Air Pilot” and for the time being in force;

• “Offshore installation” has the same meaning as in section 1 of the Mineral Workings (Offshore Installations) Act 1971(16);

• “Operator” has the meaning assigned to it by paragraph (3) of this article;

• “Parascending parachute” means a parachute which is towed by cable in such a manner as to cause it to ascend;

• “Passenger” means a person other than a member of the crew;

• “Pilot in command” in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;

• “Precision approach” means an instrument approach using Instrument Landing System, Microwave Landing System or Precision Approach Radar for guidance in both azimuth and elevation;

• “Prescribed” means prescribed by regulations made by the Secretary of State under this Order, and the expression “prescribe” shall be construed accordingly;

• “Pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

• “Private flight” means a flight which is neither for the purpose of aerial work nor public transport;

• “Public transport” has the meaning assigned to it by article 107 of this Order;

• “Public transport aircraft” means an aircraft flying, or intended by the Operator of the aircraft to fly, for the purpose of public transport;

• “Record” has the same meaning as in section 73 of the Civil Aviation Act 1982(17);

• “Relevant overseas territory” means any colony and any country or place outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction;

• “Replacement” in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it; but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;

• “Rules of the Air and Air Traffic Control” has the meaning assigned to it by article 69(1) of this Order;

• “Runway visual range” in relation to a runway means the distance in the direction of take-off or landing over which the runway lights or surface markings may be seen from the touchdown zone as calculated by either human observation or instruments in the vicinity of the touchdown zone or where this is not reasonably practicable in the vicinity of the mid-point of the runway; and the distance, if any, communicated to the commander of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;

• “Scheduled journey” means one of a series of journeys which are undertaken between the same 2 places and which together amount to a systematic service;

• “Seaplane” has the same meaning as for the purpose of section 97 of the Civil Aviation Act 1982;

• “Special VFR flight” means a flight which is a special VFR flight for the purposes of the rules prescribed under article 69(1) of this Order;

• “Valuable consideration” means any right, interest, profit or benefit, forbearance, detriment, loss or responsibility accruing, given, suffered or undertaken pursuant to an agreement, which is of more than a nominal nature;

• “Visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of the provisions of the Visiting Forces Act 1952(18):

  (a)

  which apply to that country by virtue of paragraph (a) of section 1(1) of that Act; or

  (b)

  which from time to time apply to that country by virtue of paragraph (b) of the said section 1(1) and of any Order in Council made or hereafter to be made under the said section 1 designating that country for the purposes of all the provisions of that Act following the said section 1(2);

• “Visual Flight Rules” means Visual Flight Rules prescribed under article 69(1) of this Order;

• “Visual Meteorological Conditions” means weather permitting flight in accordance with the Visual Flight Rules.

(2) An aircraft shall be deemed to be in flight:

(a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing;

(b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;

(c) in the case of an airship, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;

(d) in the case of a free balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface until the moment it next comes to rest thereon; and

(e) in the case of a captive balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface apart from a restraining device attaching it to the surface, until the moment when it next comes to rest thereon;

and the expressions “a flight” and “to fly” shall be construed accordingly.

(3) References in this Order to the operator of an aircraft are, for the purposes of the application of any provision of this Order in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft, and cognate expressions shall be construed accordingly:

Provided that, for the purposes of the application of any provision in Part III of this Order, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the management of that aircraft for a period not exceeding 14 days, the foregoing provisions of this paragraph shall have effect as if that agreement had not been entered into.

(4) The expressions appearing in the “General Classification of Aircraft” set forth in Part A of Schedule 1 to this Order shall have the meanings thereby assigned to them.

(5) A power to make regulations under this Order shall include the power to make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of the United Kingdom and to make such incidental and supplementary provisions as are necessary or expedient for carrying out the purposes of the Order.

Public transport and aerial work

107.—(1) Subject to the provisions of this article, aerial work means any purpose (other than public transport) for which an aircraft is flown if valuable consideration is given or promised in respect of the flight or the purpose of the flight provided that, if the only such valuable consideration consists of remuneration for the services of the pilot the flight shall be deemed to be a private flight for the purposes of Part III of this Order.

(2) Subject to the provisions of this article, an aircraft in flight shall for the purpose of this Order be deemed to fly for the purposes of public transport:

(a) if valuable consideration is given or promised for the carriage of passengers or cargo in the aircraft on that flight;

(b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors and, in the case of the Authority, the members of the Authority), persons with the authority of the Authority either making any inspection or witnessing any training, practice or test for the purposes of this Order, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or

(c) for the purposes of Part III of this Order (other than articles 13(2) and 14(2) thereof), if valuable consideration is given or promised for the primary purpose of conferring on a particular person the right to fly the aircraft on that flight (not being a single-seat aircraft of which the maximum total weight authorised does not exceed 910kg.) otherwise than under a hire-purchase or conditional sale agreement:

Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport by reason of sub-paragraph (2)(c) of this article, it shall not be deemed to be flying for the purpose of the public transport of passengers unless valuable consideration is given for the carriage of those passengers:

Provided also that a glider shall not be deemed to fly for the purpose of public transport for the purposes of Part III of this Order by virtue of sub-paragraph (2)(c) of this article if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club:

And provided further that notwithstanding the giving or promising of valuable consideration specified in sub-paragraph (2)(c) of this article in respect of the flight or the purpose of the flight it shall:

(i) subject to sub-paragraph (ii) below, for all purposes other than Part III of this Order; and

(ii) for the purposes of articles l3(2)and 14(2) of this Order;

be deemed to be a private flight.

(3) Where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that valuable consideration would be given or promised if the transaction were effected otherwise than aforesaid, valuable consideration shall, for the purposes of this Order, be deemed to have been given or promised, notwithstanding any rule of law as to such transactions.

(4) (a) A flight shall, for the purposes of Part IV of this Order, be deemed to be a private flight if:

(i) the flight is:

(aa) wholly or principally for the purpose of taking part in an aircraft race, contest or exhibition of flying;

(bb) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (aa) hereof and is made with the intention of carrying out such a flight; or

(cc) for the purpose of returning after such a flight as is specified in sub-paragraph (aa) hereof to a place at which the aircraft is usually based.

(ii) the only valuable consideration in respect of the flight or the purpose of the flight other than:

(aa) valuable consideration specified at sub-paragraph (2)(c) of this article; or

(bb) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this article, valuable consideration which falls within sub-paragraph (8)(b) of this article;

is either:

(cc) that given or promised to the owner or operator of an aircraft taking part in such a race, contest or exhibition of flying and such valuable consideration does not exceed the direct costs of the flight and a contribution to the annual costs of the aircraft which contribution shall bear no greater proportion to the total annual costs of the aircraft than the duration of the flight bears to the annual flying hours of the aircraft; or

(dd) one or more prizes awarded to the pilot in command of an aircraft taking part in an aircraft race or contest to a value which shall not exceed £500 in respect of any one race or contest except with the permission in writing of the Authority granted to the organiser of the race or contest which permission may be granted subject to such conditions as the Authority thinks fit;

or falls within both sub-paragraphs (cc) and (dd).

(b) Any prize falling within sub-paragraph (4)(a)(ii)(dd) of this article shall be deemed for the purposes of this Order not to constitute remuneration for services as a pilot.

(5) A flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than:

(a) valuable consideration specified at sub-paragraph (2)(c) of this article; or

(b) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this article, valuable consideration which falls within sub-paragraph (8)(b) of this article;

is given or promised to a registered charity which is not the operator of the aircraft and the flight is made with the permission in writing of the Authority and in accordance with any conditions therein specified:

Provided that if valuable consideration specified at sub-paragraph (2)(c) of this article is given or promised the provisions of that sub-paragraph shall apply to the flight.

(6) A flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than:

(a) valuable consideration specified at sub-paragraph (2)(c) of this article; or

(b) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this article, valuable consideration which falls within sub-paragraph 8(b) of this article;

is a contribution to the direct costs of the flight otherwise payable by the pilot in command:

Provided that:

(i) no more than 4 persons (including the pilot) shall be carried on such a flight;

(ii) the proportion which such contribution bears to the total direct costs of the flight shall not exceed the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried on the flight (including the pilot); and

(iii) no information concerning the flight shall have been published or advertised prior to the commencement of the flight other than, in the case of an aircraft operated by a flying club, advertising wholly within the premises of such a flying club in which case all the persons carried on such a flight who are aged 18 years or over shall be members of that flying club:

Provided further that no person acting as a pilot on such a flight shall be employed as a pilot by or be a party to a contract for the provision of services as a pilot with the operator of the aircraft being flown on the flight:

And provided also that if valuable consideration specified at sub-paragraph (2)(c) of this article is given or promised the provisions of that sub-paragraph shall apply to the flight.

(7) A flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than:

(a) valuable consideration specified at sub-paragraph (2)(c) of this article; or

(b) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this article, valuable consideration which falls within sub-paragraph (8)(b) of this article;

is the payment of the whole or part of the direct costs otherwise payable by the pilot in command by or on behalf of the employer of the pilot in command, provided that neither the pilot in command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried:

Provided further that if valuable consideration specified at sub-paragraph (2)(c) of this article is given or promised the provisions of that sub-paragraph shall apply to the flight.

(8) A flight shall be deemed to be a private flight if:

(a) the aircraft is owned:

(i) jointly by persons who each hold not less than a 5% beneficial share and:

(aa) the aircraft is registered in the names of all the joint owners; or

(bb) the aircraft is registered in the name or names of one or more of the joint owners as trustee or trustees for all the joint owners and written notice has been given to the Authority of the names of all the persons beneficially entitled to a share in the aircraft; or

(ii) by a company in the name of which the aircraft is registered and the registered shareholders of which each hold not less than 5% of the shares in that company; and

(b) the only valuable consideration given or promised in respect of the flight or the purpose of the flight is either:

(i) in respect of and is no greater than the direct costs of the flight and is given or promised by one or more of the joint owners of the aircraft or registered shareholders of the company which owns the aircraft; or

(ii) in respect of the annual costs and given by one or more of such joint owners or shareholders (as aforesaid);

or falls within both sub-paragraphs (i) and (ii).

(9) A flight in respect of which valuable consideration has been given or promised for the carriage of passengers and which is for the purpose of:

(a) the dropping of persons by parachute and which is made under and in accordance with the terms of a written permission granted by the Authority pursuant to article 44 of this Order;

(b) positioning the aircraft for such a flight as is specified in sub-paragraph (a) hereof and which is made with the intention of carrying out such a flight and on which no person is carried who it is not intended shall be carried on such a flight and who may be carried on such a flight in accordance with the terms of a written permission granted by the Authority pursuant to article 44 of this Order; or

(c) returning after such a flight as is specified in sub-paragraph (a) hereof to the place at which the persons carried on such a flight are usually based and on which flight no persons are carried other than persons carried on the flight specified in sub-paragraph (a);

shall be deemed to be for the purposes of aerial work.

Saving

108.—(1) Subject to the provisions of articles 78 and 82 of this Order, nothing in this Order or the regulations made thereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.

(2) Nothing in this Order shall oblige the Authority to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the granting of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.

Small aircraft

109.  The provisions of this Order, other than articles 51, 75, 106(1) and 106(4), shall not apply to or in relation to:

(a) any balloon which at any stage of its flight is not more than 2 metres in any linear dimension including any basket or other equipment attached to the balloon;

(b) any kite weighing not more than 2kg.;

(c) any other aircraft weighing not more than 7kg. without its fuel; or

(d) any parachute including a parascending parachute.

Approval of persons to furnish reports

110.  In relation to any of its functions pursuant to any of the provisions of this Order the Authority may, either absolutely or subject to such conditions as it thinks fit, approve a person as qualified to furnish reports to it and may accept such reports.

(1)

OJ No. L237 of 26th August 1983, page 19.

(2)

OJ No. L152 of 6th June 1986, page 47.

(3)

OJ No. L226 of 3rd August 1989, page 14.

(4)

OJ No. L374 of 31st December 1987, page 12.

(5)

1982 c. 16

(6)

1948 c. 56

(7)

S.I. 1980/397 (N.I.3).

(8)

S.I. 1985/1714, as amended by S.I. 1986/2121

(9)

1894 c. 60

(10)

1981 c. 61

(11)

1974 c. 39

(12)

1894 c. 60

(13)

1974 c. 39

(14)

1964 c. 5

(15)

1894 c. 60

(16)

1971 c. 61: section 1 of this Act was amended by section 24 of the Oil and Gas (Enterprise) Act 1982 (c. 23)

(17)

1982 c. 16

(18)

1952. c.67.