The Air Navigation Order 2009

PART 6 Flight Crew Licensing - Requirement for Licence

Requirement for appropriate licence to act as member of flight crew of aircraft registered in United Kingdom

50.—(1) Subject to the exceptions set out in articles 51 to 60, a person must not act as a member of the flight crew of an aircraft registered in the United Kingdom without holding an appropriate licence granted or rendered valid under this Order.

(2) An appropriate licence for the purposes of this Part means a licence which entitles the holder to perform the functions being undertaken in relation to the aircraft concerned on the particular flight.

Flight crew licence requirement – Exception to act as flight radiotelephony operator

51.—(1) A person may act as a flight radiotelephony operator within the United Kingdom, the Channel Islands and the Isle of Man without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) apply.

(2) The conditions referred to in paragraph (1) are that the person is—

(a) the pilot of a glider on a private flight and does not communicate by radiotelephony with any air traffic control unit, flight information unit or air/ground communications service unit; or

(b) being trained in an aircraft registered in the United Kingdom to perform duties as a member of the flight crew of an aircraft and is authorised to operate the radiotelephony station by the holder of the licence granted for that station under any enactment.

Flight crew licence requirement – Exception for solo flying training

52.—(1) A person may act as pilot in command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the person is at least 16 years of age;

(b) the person is the holder of a valid medical certificate to the effect that the person is fit to act as pilot in command, issued by a person approved by the CAA;

(c) the person complies with any conditions subject to which that medical certificate was issued;

(d) no other person is carried in the aircraft;

(e) the aircraft is not flying for the purpose of commercial air transport, public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and

(f) the person acts in accordance with instructions given by another person holding a pilot’s licence granted under this Order or a JAA licence, in each case being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling that other person to give instruction in flying the type of aircraft being flown.

Flight crew licence requirement – Exception for dual flying training

53.—(1) A person may act as pilot of an aircraft of which the flight crew required to be carried by or under this Order is not more than one pilot for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the aircraft is not flying for the purpose of commercial air transport, public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests;

(b) the person acts in accordance with instructions given by another person holding a pilot’s licence granted under this Order or a JAA licence, in each case being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling that other person to give instruction in flying the type of aircraft being flown; and

(c) (i) the aircraft is fitted with dual controls and the person is accompanied in the aircraft by the instructor who is seated at the other set of controls; or

(ii) the aircraft is fitted with controls designed for and capable of use by two persons and the person is accompanied in the aircraft by the instructor who is seated so as to be able to use the controls.

Flight crew licence requirement – Exception for gyroplanes at night

54.—(1) A person may act as pilot in command of a gyroplane at night within the United Kingdom, the Channel Islands and the Isle of Man without being the holder of an appropriate licence granted or rendered valid under this Order if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the person is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that—

(i) the licence does not include an instrument rating; and

(ii) the person has not within the immediately preceding 13 months carried out as pilot in command at least five take-offs and five landings at a time when the depression of the centre of the sun was not less than 12° below the horizon;

(b) the person so acts in accordance with instructions given by another person holding a pilot’s licence granted under this Order or a JAA licence, being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling that other person to give instruction in flying the type of gyroplane being flown;

(c) no person other than the instructor is carried; and

(d) the gyroplane is not flying for the purpose of commercial air transport, public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.

Flight crew licence requirement – Exception for balloons

55.—(1) A person may act as pilot in command of a balloon within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the person is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that the person has not within the immediately preceding 13 months carried out as pilot in command at least five flights each of not less than five minutes duration;

(b) the person acts in accordance with instructions given by a person authorised by the CAA to supervise flying in the type of balloon being flown;

(c) no person other than one specified in sub-paragraph (b) is carried; and

(d) the balloon is not flying for the purpose of commercial air transport, public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.

Flight crew licence requirement – Exception for pilot undergoing training or tests

56.—(1) Unless the certificate of airworthiness in force for the aircraft otherwise requires, a person may act as pilot of an aircraft registered in the United Kingdom for the purpose of undergoing training or tests for the grant or renewal of a pilot’s licence or for the inclusion, renewal or extension of a rating without being the holder of an appropriate licence, if the conditions in paragraphs (2), (3) and (4) are satisfied.

(2) The condition first referred to in paragraph (1) is that no other person is carried in the aircraft or in an aircraft which it is towing except—

(a) a person carried as a member of the flight crew in compliance with this Order;

(b) a person authorised by the CAA to witness the training or tests or to conduct the tests; or

(c) if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft.

(3) The conditions secondly referred to in paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—

(a) within the preceding six months was serving as a qualified pilot of an aircraft in any of Her Majesty’s naval, military or air forces; and

(b) the person’s physical condition has not, so far as the person is aware, so deteriorated during that period as to render the person unfit for the licence or rating for which the training or tests are being given or conducted.

(4) The conditions thirdly referred to in paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—

(a) holds a pilot’s, a flight navigator’s or a flight engineer’s licence granted under article 64;

(b) the purpose of the training or tests is to enable that person to qualify under this Order for the grant of a pilot’s licence or for the inclusion of an additional type in the aircraft rating in that person’s licence; and

(c) the person acts under the supervision of another person who is the holder of an appropriate licence.

Flight crew licence requirement – Exception for navigators and flight engineers

57.  A person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the United Kingdom without being the holder of an appropriate licence if—

(a) the flight is for the purpose of undergoing training or tests for the grant or renewal of a flight navigator’s or a flight engineer’s licence or for the inclusion, renewal or extension of a rating in such a licence; and

(b) the person acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

Flight crew licence requirement – Exception for members of HM Forces

58.  A person may act as a member of the flight crew of an aircraft registered in the United Kingdom without being the holder of an appropriate licence if, in so doing, the person is acting in the course of his or her duty as a member of any of Her Majesty’s naval, military or air forces.

Flight crew licence requirement – Exceptions for gliders

59.—(1) A person may act as a member of the flight crew of a glider without being the holder of an appropriate licence if that person acts as a flight radiotelephony operator in accordance with article 51(2)(a).

(2) A person may act as a member of the flight crew of a glider without being the holder of an appropriate licence if the flight is—

(a) a private flight; or

(b) for the purpose of aerial work which consists of instruction or testing in a club environment.

Flight crew licence requirement – Exception where CAA permission granted

60.—(1) Nothing in this Order prohibits the holder of a pilot’s licence from acting as pilot of an aircraft certificated for single pilot operation if the holder is testing any person for the purposes of articles 64(1), (7), 66(2), 67(2), 68 or 69 with the permission of the CAA.

(2) Paragraph (1) applies even though—

(a) the type of aircraft in which the test is conducted is not specified in an aircraft rating included in the licence; or

(b) the licence or personal flying log book does not include a valid certificate of test, experience or revalidation for the type of aircraft.

Requirement for appropriate licence to act as member of flight crew of aircraft registered elsewhere than in the United Kingdom

61.  A person must not act as a member of the flight crew which must by or under this Order be carried in an aircraft registered in a country other than the United Kingdom unless—

(a) in the case of an aircraft flying for the purpose of commercial air transport, public transport or aerial work, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or

(b) in the case of an aircraft on a private flight, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the CAA does not give a direction to the contrary.

Deeming a non-United Kingdom flight crew licence valid

62.—(1) Subject to paragraphs (3) and (4), paragraph (2) applies to any licence which authorises the holder to act as a member of the flight crew of an aircraft and is granted—

(a) under the law of a Contracting State other than the United Kingdom but which is not a JAA licence; or

(b) under the law of a relevant overseas territory.

(2) Subject to paragraph (4), for the purposes of this Part, such a licence is, unless the CAA gives a direction to the contrary, deemed to be a licence rendered valid under this Order.

(3) Paragraph (2) does not apply to such a licence if it authorises the holder to act as a student pilot only.

(4) A licence deemed valid under paragraph (2) does not entitle the holder—

(a) to act as a member of the flight crew of any aircraft flying for the purpose of commercial air transport, public transport or aerial work or on any flight for which the holder receives remuneration for services as a member of the flight crew; or

(b) in the case of a pilot’s licence, to act as pilot of any aircraft flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying.

(5) A JAA licence is, unless the CAA gives a direction to the contrary, a licence rendered valid under this Order.

Permission required where licence does not meet relevant minimum standards

63.—(1) This article applies to any licence endorsed to the effect that the holder does not satisfy in full the relevant minimum standards established under the Chicago Convention.

(2) The holder of such a licence, which has been granted or rendered valid under this Order, must not act as a member of the flight crew of an aircraft registered in the United Kingdom in or over the territory of a Contracting State other than the United Kingdom, except in accordance with a permission granted by the competent authority of that State.

(3) The holder of a licence, which has been granted or rendered valid under the law of a Contracting State other than the United Kingdom, must not act as a member of the flight crew of any aircraft in or over the United Kingdom except in accordance with a permission granted by the CAA, whether or not the licence is rendered valid under this Order.