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Statutory Instruments

2010 No. 841

Civil Aviation

The Rules of the Air (Amendment) Regulations 2010

Made

17th March 2010

Coming into force

14th April 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by article 160(1) of the Air Navigation Order 2009(1):

Citation and commencement

1.  These Regulations may be cited as the Rules of the Air (Amendment) Regulations 2010 and come into force on 14th April 2010.

Amendment to Rule 6 (exemptions from the low flying prohibitions)

2.  In rule 6 of the Rules of the Air set out in Schedule 1 to the Rules of the Air Regulations 2007(2), after paragraph (a) insert—

(aa)Landing and taking off at a training aerodrome

(i)Any aeroplane of which the maximum total weight authorised does not exceed 2730 kg shall be exempt from the low flying prohibitions in so far as it is flying in accordance with normal aviation practice in the circumstances specified in sub-paragraph (iii).

(ii)Any helicopter or gyroplane of which the maximum total weight authorised does not exceed 3175 kg shall be exempt from the low flying prohibitions in so far as it is flying in accordance with normal aviation practice in the circumstances specified in sub-paragraph (iii).

(iii)An aeroplane or helicopter or gyroplane flies in the circumstances specified in this sub-paragraph if—

(aa)it is flying for the purpose of taking off from, landing at or practising approaches to landing at a training aerodrome; and

(bb)the flight is one on which instruction in flying is being given to a person or a flying test is being performed by a person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion or variation of an aircraft rating, a night rating or a night qualification in a licence.

(iv)For the purposes of sub-paragraph (iii), a “training aerodrome” means an aerodrome which the commander of the aircraft is satisfied on reasonable grounds has adequate facilities for the safe conduct of flights on which instruction in flying is being given to a person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion or variation of any rating or qualification in the licence..

Signed by authority of the Secretary of State for Transport

Paul Clark

Parliamentary Under Secretary of State

Department for Transport

17th March 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Rules of the Air Regulations 2007. Aircraft which are permitted to carry out flying training or testing from an unlicensed aerodrome are exempt from the low flying prohibitions in Rule 5 in certain circumstances. Those circumstances are when taking off from, landing at or practising approaches in accordance with normal aviation practice for the purpose of specified flying training or testing at an aerodrome with adequate facilities for such flights.

(2)

S.I. 2007/734, to which there are amendments not relevant to these Regulations.