The Operation of Air Services in the Community Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations make provision for implementing Chapters I to III of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.08, p. 3).

2.  Regulations 5, 14, 15 and 16, and 23 specify the competent authority in relation to operating licences, aircraft leasing and access to intra-Community air services respectively.

3.  In relation to operating licences provision is made for—

(a) the provision by an applicant for an operating licence of proof that he is of good repute: regulation 6;

(b) the power of the CAA to revoke or suspend an operating licence, the date on which a decision to revoke or suspend a licence has effect and the right of appeal: regulations 7 to 9;

(c) the restriction on an air carrier’s ability to carry passengers in certain circumstances: regulation 10; and

(d) enforcement measures where the CAA believes that an aircraft may be flown by a person without an operating licence or in breach of the restriction in regulation 10: regulation 31.

4.  In relation to leased aircraft provision is made for-

(a) publication by the CAA of the Secretary of State’s decision on whether an air carrier licensed by the CAA may operate aircraft registered in the UK or in another member State: regulation 14; and

(b) the approvals necessary for the operation of leased aircraft and use of an aircraft that is not registered in accordance with the Secretary of State’s decision: regulations 17 and 18.

5.  Regulations 11 to 13 and 19 to 21 respectively provide for offences relating to operating licences and aircraft leases.

6.  In relation to access to intra-Community air services provision is made for—

(a) the enforcement action that may be taken in respect of a decision by the Secretary of State relating to a public service obligation: regulation 23;

(b) restrictions on the right of an air carrier to operate on certain routes: regulation 24; and

(c) offences relating to the operation of air services without regard to the existence of public service obligations, traffic distribution rules and restrictions on traffic rights: regulation 25.

7.  Regulations 26 and 27 set out requirements relating to the provision of information to the Secretary of State by an air carrier licensed by the CAA.

8.  Regulations 28 to 30 set out the penalties that apply in relation to the offences in regulations 11 to 13 and 19 to 21, and regulations 31 and 32 make provision for the detention of aircraft in certain circumstances.

9.  In regulations 33 to 37 the Civil Aviation Act 1982, the Civil Aviation Authority Regulations 1991 and the Air Navigation Order 2005 are amended so as to refer to the EC Regulation.

10.  Schedule 1 lists the regulations revoked by these regulations and Schedule 2 sets out the appeal process in relation to decisions made by the CAA.