The Air Navigation Order 2016

PART 10 U.K. Prohibited behaviour, directives, rules, powers and penalties

CHAPTER 1 U.K. Prohibited behaviour

Power to prohibit or restrict flying U.K.

239.—(1) If the Secretary of State decides it is necessary in the public interest to restrict or prohibit flying by reason of—

(a) the intended gathering or movement of a large number of persons;

(b) the intended holding of an aircraft race or contest or of a flying display; or

(c) national defence or any other reason affecting the public interest,

the Secretary of State may make regulations prohibiting, restricting or imposing conditions on flights by aircraft specified in paragraph (2) flying in the circumstances specified in paragraph (2).

(2) The aircraft and circumstances are—

(a) aircraft, whether or not they are registered in the United Kingdom, in any airspace over the United Kingdom or in the neighbourhood of an offshore installation; and

(b) aircraft which are registered in the United Kingdom, in any other airspace, being airspace for which the United Kingdom has, under international arrangements, undertaken to provide navigation services for aircraft.

(3) Regulations made under this article may apply either generally or in relation to any class of aircraft.

(4) It is an offence to contravene, permit the contravention of or fail to comply with any regulations made under this article.

(5) If the pilot in command of an aircraft becomes aware that the aircraft is flying in contravention of any regulations which have been made for any reason referred to in paragraph (1)(c) the pilot in command must, unless otherwise instructed under paragraph (6), cause the aircraft to leave the area to which the regulations relate by flying to the least possible extent over such area and the aircraft must not begin to descend while over such an area.

(6) The pilot in command of an aircraft flying either within an area for which regulations have been made for any reason referred to in paragraph (1)(c) or within airspace notified as a Danger Area must immediately comply with instructions given by radio by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.

Endangering safety of an aircraft U.K.

240.  A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in an aircraft.

Endangering safety of any person or property U.K.

241.  A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.

Drunkenness in aircraft U.K.

242.—(1) A person must not enter any aircraft when drunk, or be drunk in any aircraft.

(2) A person must not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of acting as a member of the crew, be under the influence of drink or a drug to such an extent as to impair their capacity so to act.

Smoking in aircraft U.K.

243.—(1) In aircraft to which this paragraph applies, notices indicating when smoking is prohibited must be exhibited so as to be visible from each passenger seat.

(2) Paragraph (1) applies to any aircraft registered in the United Kingdom, other than a Part-CAT aircraft.

(3) A person must not smoke in any compartment of an aircraft registered in the United Kingdom at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the pilot in command of the aircraft.

Authority of pilot in command of an aircraft U.K.

244.  Every person in an aircraft must obey all lawful commands which the pilot in command of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried in the aircraft, or the safety, efficiency or regularity of air navigation.

Acting in a disruptive manner U.K.

245.  A person must not while in an aircraft—

(a) use any threatening, abusive or insulting words towards a member of the crew of the aircraft;

(b) behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or

(c) intentionally interfere with the performance by a member of the crew of the aircraft of the crew member's duties.

Stowaways U.K.

246.  A person must not secrete themself for the purpose of being carried in an aircraft without the consent of either the operator or the pilot in command or of any other person entitled to give consent to being carried in the aircraft.

Flights over any foreign country U.K.

247.—(1) The operator and the pilot in command 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, must 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) if that person neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in that paragraph.

(3) Subject to paragraph (4), the operator and the pilot in command 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 must 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.

(4) A direction under paragraph (3) need not be complied with if to do so would endanger the lives of persons on board or the safety of the aircraft.

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

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

(7) 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.

CHAPTER 2 U.K. Directives and rules of the air

Operational directives U.K.

248.—(1) The CAA may direct an aircraft operator by means of an operational directive that an operation is prohibited, or must be limited or is subject to specified conditions, in the interests of safe operations.

(2) An operational directive must state—

(a) the reason for its issue;

(b) its applicability and duration; and

(c) the action required by the operator.

(3) An operational directive may be made in respect of one or more operators or one or more classes of operator.

(4) An operational directive may be revoked by the CAA.

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An operational directive which applies to a Part-CAT operator in relation to a commercial air transport operation—

(a) must be made subject to and in accordance with [F2 article 70(1)] of the Basic F3 ... Regulation; F4 ...

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Art. 248(5) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 64(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in art. 248(6)(a) substituted (13.4.2022) by The Air Navigation (Amendment) Order 2022 (S.I. 2022/321), arts. 1(1), 6

F3 Word in art. 248(6)(a) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 64(b)(i)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in art. 248(6)(a) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 64(b)(i)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 248(6)(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 64(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Rules of the Air U.K.

249.—(1) The Secretary of State may make regulations (in this article called the “Rules of the Air”) prescribing—

(a) the manner in which aircraft may move or fly including in particular provision for requiring aircraft to give way to military aircraft;

(b) the lights and other signals to be shown or made by aircraft or persons;

(c) the lighting and marking of aerodromes; and

(d) any other provisions for securing the safety of aircraft in flight and in movement and the safety of persons and property on the surface.

(2) Subject to paragraphs (3) and (4), it is an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air.

(3) It is lawful for the Rules of the Air, or for any obligation in SERA the breach of which would otherwise be an offence under this Order, to be departed from to the extent necessary—

(a) for avoiding immediate danger;

(b) for complying with the law of any country other than the United Kingdom within which the aircraft then is; or

(c) for complying with MAA01: Military Aviation Authority Regulatory Policy (Issue 4, published on 17th December 2014 and updated on 1st April 2015) and Regulatory Articles 2000 Series Flying Regulations (published on 11th November 2014 and updated on 21st April 2015) issued by the Secretary of State.

(4) It is lawful for the Rules of the Air, or for any obligation in SERA the breach of which would otherwise be an offence under this Order, to be departed from by an aircraft of which the pilot in command is acting as such in the course of the pilot in command's duty as a member of any of Her Majesty's naval, military or air forces.

(5) If any departure from the Rules of the Air, or from any obligation in SERA the breach of which would otherwise be an offence under this Order, is made for the purpose of avoiding immediate danger, the pilot in command of the aircraft must cause written detailed information about the departure, and of the circumstances giving rise to it, to be given without delay, and in any event within 10 days of the departure, to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the CAA.

(6) Nothing in the Rules of the Air exonerates any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.

CHAPTER 3 U.K. Foreign registered aircraft

Restriction on carriage, where valuable consideration is given or promised, in aircraft registered elsewhere than in the United Kingdom U.K.

250.—(1) Unless paragraph (2) or (6) applies, an aircraft registered elsewhere than in the United Kingdom must not take on board or discharge any passengers or cargo in the United Kingdom where valuable consideration is given or promised for the carriage of such persons or cargo.

[F6 (1A) The Secretary of State may decide, on the basis of the criteria in the Annex to Regulation 2111/2005, that if an air operator who has not been granted permission under paragraph (2) were to apply for it, that operator should not—

(a) be granted such permission;

(b) be granted such permission in relation to specified aircraft; or

(c) be granted such permission unless such permission is subject to specified conditions.

(1B) The Secretary of State may at any time, after reconsideration of the criteria in the Annex to Regulation 2111/2005, decide to revoke or amend a decision under paragraph (1A).

(1C) Where the Secretary of State makes a decision under paragraphs (1A) or (1B), the Secretary of State must notify both the CAA and the air operator concerned.

(1D) The CAA must not determine an application for permission where the Secretary of State has notified the CAA pursuant to paragraph (1C).]

(2) This paragraph applies if—

(a) the operator or charterer of the aircraft or the Government of the country in which the aircraft is registered has been granted permission to take on board or discharge any passengers or cargo in the circumstances described in paragraph (1) by—

(i) the Secretary of State; or

(ii) the CAA; and

(b) any conditions, to which such permission may be subject, are satisfied.

(3) Where the Secretary of State decides to determine an application for permission under paragraph (2), the Secretary of State must notify both the CAA and the applicant.

(4) The CAA must not determine an application for permission where the Secretary of State has notified the CAA pursuant to paragraph (3).

(5) In exercising a function under this article, the CAA must take account of any guidance given to it by the Secretary of State (including as to the circumstances in which the Secretary of State expects to determine an application for permission).

(6) This paragraph applies if—

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an air operator's certificate has been issued to the operator of the aircraft pursuant to the Air Navigation (Overseas Territories) Order 2013.

(7) No operator or charterer of an aircraft in relation to which the prohibition in paragraph (1) applies may hold itself out as a person who may offer to take on board or discharge any passenger or cargo in the United Kingdom where valuable consideration is given or promised except where that person reasonably believes that paragraph (2) or (6) will apply in relation to the relevant aircraft, operator or charterer by the time the relevant flight is made.

[F8 (8) For the purposes of this article—

(a) “Regulation 2111/2005” means Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a list of air carriers subject to an operating ban within the United Kingdom and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EEC;

(b) “United Kingdom safety list” means the list established under Article 3 of Regulation 2111/2005.]

Textual Amendments

F6 Art. 250(1A)-(1D) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 65(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 250(6)(a) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), regs. 1(2), 6(2); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 250(8) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 65(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Art. 250 restricted (31.12.2020) by The Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792), regs. 1(3), 52(2); 2020 c. 1, Sch. 5 para. 1(1)

[F9 Decisions under article 250(1A) and (1B) U.K.

250A— (1) This article applies to decisions of the Secretary of State—

(a) under article 250(1A); and

(b) under article 250(1B), to amend or revoke a decision under article 250(1A).

(2) The Secretary of State may make a decision to which this article applies after having given notice to the air operator concerned and having considered any representations made by that air operator.

(3) The Secretary of State may without notice make a decision to which this article applies for reasons of urgency, in which case paragraph (4) applies.

(4) Where this paragraph applies, the Secretary of State must consider any representations made subsequently by the air operator concerned, and in response to such representations may—

(a) confirm the decision made, with or without modification; or

(b) revoke the decision made.

(5) If acting under paragraph (4), the Secretary of State must act as soon as reasonably practicable.]

Textual Amendments

F9 Art. 250A inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 66 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Filing and approval of tariffs U.K.

251.—(1) If a permission granted under article 250(2) contains a tariff provision and the Secretary of State so requires, the operator or charterer of the aircraft concerned must file with the CAA the tariff which it proposes to apply on flights to which the said permission relates and the CAA must consider the proposed tariff and may approve or disapprove it.

(2) In this article, “tariff provision”—

(a) means a condition as to any of the following matters—

(i) the price to be charged for the carriage of passengers, baggage or cargo on flights to which a permission granted under article 250(2) relates;

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

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

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

(b) 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.

Restriction on commercial operations in aircraft registered elsewhere than in [F10 the United Kingdom] U.K.

252.—(1) Subject to paragraph (2), an aircraft registered elsewhere than in the United Kingdom must not fly over the United Kingdom for the purpose of commercial operations unless—

(a) the CAA has granted permission to do so to the operator or charterer of the aircraft; and

(b) any conditions, to which such permission may be subject, are satisfied.

(2) This article does not apply to an aircraft—

F11 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) registered in a territory to which the Air Navigation (Overseas Territories) Order 2013 applies; or

(c) registered in the Isle of Man or Bailiwicks of Jersey or Guernsey.

Textual Amendments

F10 Words in art. 252 heading substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), regs. 1(2), 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 252(2)(a) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), regs. 1(2), 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 4 U.K. Powers and penalties

Revocation, suspension and variation of certificates, licences and other documents U.K.

253.—(1) Subject to paragraphs (5) and (6), the CAA may provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under this Order [F12 or a Safety Regulation], pending inquiry into or consideration of the case.

(2) The CAA may, on sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.

(3) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this Order [F13 or a Safety Regulation] must surrender it to the CAA within a reasonable time after being required to do so by the CAA.

(4) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than an aerodrome licence, has been granted or issued or which has effect under this Order [F14 or a Safety Regulation], in the absence of provision to the contrary in the document, renders the document invalid during the continuance of the breach.

(5) The provisions of this article do not apply in relation to any permission to which article 255 applies.

(6) A flight manual, performance schedule or other document incorporated by reference in a certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the CAA, whether or not after due inquiry.

Textual Amendments

F12 Words in art. 253(1) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 67 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in art. 253(3) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 67 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in art. 253(4) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 67 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Provisional suspension or variation of EASA certificates, licences and other documents U.K.

F15 254.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Art. 254 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 68 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Revocation, suspension and variation of permissions, etc granted under article 250 or article 252 U.K.

255.—(1) This article applies to any permission granted by the Secretary of State under article 250 or by the CAA under article 250 or article 252.

(2) Subject to paragraph (7), the Secretary of State or the CAA may revoke, suspend or vary any permission to which this article applies after having given notice to the other and considered representations from the operator or charterer concerned.

(3) Subject to paragraph (7), the Secretary of State or the CAA may without notice revoke, suspend or vary any permission to which this article applies for reasons of urgency, in which case paragraph (4) applies.

(4) Where this paragraph applies, the person who revoked, suspended or varied any permission without notice under paragraph (3) must consider any representations made subsequently by the operator or charterer concerned and in response to such representations may—

(a) confirm, vary or lift the suspension;

(b) confirm the revocation of permission; or

(c) reinstate the permission with or without additional or varied conditions.

(5) In acting under paragraph (4), the Secretary of State or the CAA must act as soon as reasonably practicable.

(6) In particular, and without limitation, the Secretary of State may exercise the powers under paragraphs (2) and (3) if it appears that—

(a) the operator or charterer has committed a breach of any condition to which the permission is subject;

(b) any agreement between Her Majesty's Government in the United Kingdom and the Government of any other country pursuant to which the permission was granted is no longer in force or that the other Government has breached the agreement;

(c) the operator or charterer who has been granted permission, or a Government of another country which is a party to an agreement referred to in sub-paragraph (b), or the aeronautical authorities of the country concerned, has—

(i) acted in a manner which is inconsistent with or prejudicial to the operation in good faith, according to its object and purpose, of any such agreement; or

(ii) engaged in unfair, discriminatory or restrictive practices to the prejudice of the holder of an air transport licence or a route licence in the operation of air services; or

(d) the operator or charterer, having been granted permission as a result of being designated by the Government of any other country for the purposes of an agreement referred to in sub-paragraph (b)—

(i) is no longer so designated; or

(ii) has conducted itself in such a way or is involved in such circumstances that the Secretary of State considers the exercise of those powers to be necessary or expedient.

(7) The CAA may only exercise the powers in paragraph (2) or (3) if it considers it necessary or expedient to do so for reasons of aviation safety.

Modifications etc. (not altering text)

C2 Art. 255 restricted (31.12.2020) by The Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792), regs. 1(3), 52(1)(a); 2020 c. 1, Sch. 5 para. 1(1)

C3 Art. 255(4) excluded (31.12.2020) by The Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792), regs. 1(3), 52(1)(b); 2020 c. 1, Sch. 5 para. 1(1)

C4 Art. 255(4) excluded (8.3.2022 at 5.00 p.m.) by S.I. 2019/855, reg. 57L(1)(b) (as inserted by The Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/241), regs. 1(2), 9)

Prohibitions in relation to documents and records U.K.

256.—(1) A person must not, with intent to deceive—

(a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under this Order, [F16 or by or under a Safety] Regulation F17 ... which has been forged, altered, revoked or suspended, or to which the person is not entitled;

(b) lend any certificate, licence, approval, permission, exemption or any other document issued or having effect or required by or under this Order, [F18 or by or under a Safety] Regulation F19 ... to, or allow it to be used by, any other person; or

(c) make any false representation for the purpose of procuring for any person the grant, issue, renewal or variation of any such certificate, licence, approval, permission, exemption or other document; or

(d) make any false representation in connection with the making of a declaration to the CAA required by or under this Order or by or under [F20 a Safety] Regulation.

(2) In paragraph (1), a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy.

(3) A person must not intentionally damage, alter or render illegible—

(a) any log book or other record required to be maintained by or under this Order, [F21 by or under a Safety Regulation; or]

(b) any entry made in such a log book or record.

(4) A person must not—

(a) knowingly make, or procure or assist in the making of, any false entry in or material omission from any log book or record referred to in paragraph (3); or

(b) destroy any such log book or record during the period for which it is required under this Order to be preserved.

(5) All entries made in writing in any log book or record referred to in paragraph (3) must be made in ink or indelible pencil.

(6) A person must not knowingly make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet.

(7) A person must not purport to issue any certificate for the purposes of this Order, any regulations made under this [F22 Order or a Safety] Regulation F23 ... unless authorised to do so by the relevant legislation.

(8) A person must not issue any certificate referred to in paragraph (7) unless satisfied that all statements in the certificate are correct.

Textual Amendments

F16 Words in art. 256(1)(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 69(a)(i)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in art. 256(1)(a) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 69(a)(i)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in art. 256(1)(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 69(a)(ii)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in art. 256(1)(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 69(a)(ii)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in art. 256(1)(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 69(a)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in art. 256(3)(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 69(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in art. 256(7) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 69(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in art. 256(7) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 69(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

CAA's power to prevent aircraft flying U.K.

257.—(1) If it appears to the CAA or an authorised person that any aircraft is intended or likely to be flown in any of the circumstances specified in paragraph (2), the CAA or that authorised person may direct in accordance with paragraph (3).

(2) The circumstances referred to in paragraph (1) are—

(a) where any provision of article 24, 32, 33, 66, 97, 98, 99, 101, F24 ... 103, 122, 136, 137, 231 or 242(2) would be contravened in relation to the flight;

(b) where the flight would be in contravention of any other provision of this Order, of any regulations made under this Order, [F25 or of a Safety] Regulation F26 ... and be a cause of danger to any person or property whether or not in the aircraft; or

(c) where the aircraft is in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of this Order, of any regulations made under this Order, [F27 or of a Safety] Regulation F28 ....

(3) If paragraph (1) applies, the CAA or that authorised person may direct the operator or the pilot in command of the aircraft 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 CAA or by an authorised person.

(4) If the CAA or an authorised person has directed under paragraph (3), the CAA or an authorised person may take such steps as are necessary to detain the aircraft.

(5) For the purposes of this article, the CAA or any authorised person may enter and inspect any aircraft.

Textual Amendments

F24 Word in art. 257(2)(a) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 70(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in art. 257(2)(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 70(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in art. 257(2)(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 70(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in art. 257(2)(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 70(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in art. 257(2)(c) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 70(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Grounded aircraft not to fly U.K.

258.  An aircraft which has been grounded in accordance with paragraph ARO.RAMP.140 of Part-ARO and which has not subsequently been permitted to fly must not be flown.

Secretary of State's power to prevent aircraft flying U.K.

259.—(1) If it appears to the Secretary of State or an authorised person that any aircraft is intended or likely to be flown in any of the circumstances specified in paragraph (2), the Secretary of State or that authorised person may make a direction in accordance with paragraph (3).

(2) The circumstances referred to in paragraph (1) are where any provision of article 247, 250 or 252 would be contravened in relation to the flight.

(3) If paragraph (1) applies, the Secretary of State or that authorised person may direct the operator or the pilot in command of the aircraft 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.

(4) The Secretary of State or any authorised person may take such steps as are necessary to detain an aircraft concerning which a direction has been made under paragraph (1).

(5) For the purposes of paragraph (1), the Secretary of State or any authorised person may enter any aerodrome and may enter and inspect any aircraft.

Directions to operators of aircraft to make data available U.K.

260.—(1) The Secretary of State may give a direction to any person who is an operator of an aircraft referred to in paragraph (2) requiring the operator to take the action referred to in paragraph (3).

(2) The aircraft is one which (alone or in combination with one or more other aircraft operated by the operator) is flown for the carriage of passengers from the United Kingdom (directly or via another country) to [F29 another country] and is specified in the direction.

(3) The action is the making available electronically of data in respect of all passengers and crew on the aircraft or expected to be on the aircraft.

(4) A direction may be given in respect of—

(a) all aircraft;

(b) any aircraft; or

(c) any class of aircraft,

of which (at the time when the direction is given or at any subsequent time) the person is the operator and which is or are specified in the direction.

(5) A direction must specify—

(a) the competent authorities of the country to whom the data are to be made available electronically; and

(b) the types of data to which the direction relates.

(6) A direction only has effect in relation to data which are collected and contained in the operator's automated reservation system or departure control system.

Textual Amendments

F29 Words in art. 260(2) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), regs. 1(2), 6(4); 2020 c. 1, Sch. 5 para. 1(1)

Right of access to aerodromes and other places U.K.

261.—(1) Subject to paragraph (2), the CAA and any authorised person has 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 the authorised person has power to demand under this Order, or for the purpose of detaining any aircraft under the provisions of this Order;

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

(d) to any building or place from which an air traffic control service is being provided or where any air traffic service equipment requiring approval under article 205 is situated for the purpose of inspecting—

(i) any equipment used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground; or

(ii) any document or record which it or the authorised person has power to demand under this Order.

(2) Access to a Government aerodrome may only be obtained with the permission of the person in charge of the aerodrome.

Access and inspection for airworthiness purposes U.K.

262.—(1) The CAA may cause such inspections, investigations, tests, experiments and flight trials to be made as it deems necessary for the purposes of Part 4 of this Order or for the purposes of Part 21, Part 145 or Part M.

(2) Any person authorised to do so by the CAA may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating to the aircraft and may for that purpose go onto any aerodrome or enter any aircraft factory.

Obstruction of persons U.K.

263.  A person must not intentionally obstruct or impede any person who is exercising a power or performing a duty under this Order [F30 or under a Safety] Regulation.

Textual Amendments

F30 Words in art. 263 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 71 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Directions and directives U.K.

264.—(1) Any person who without reasonable excuse fails to comply with any direction or directive given to that person under any provision of this Order or any regulations made under this Order is deemed for the purposes of article 265 to have contravened that provision.

(2) Where any provision of this Order or any regulations made under this Order gives to a person the power to direct, the person to whom such a power is given also has the power to revoke or vary any such direction or directive.

Offences and penalties U.K.

265.—(1) Subject to paragraph (2), if any provision of this Order, any regulations made under this Order [F31 or a Safety Regulation] is contravened in relation to an aircraft, the operator of that aircraft and the pilot in command and, in the case of a contravention of article 250, the charterer of that aircraft, is (without prejudice to the liability of any other person for that contravention) deemed for the purposes of the following provisions of this article to have contravened that provision.

(2) A person will not be deemed to have contravened a provision specified in paragraph (1) if the person proves that the contravention occurred without that person's consent or connivance and that that person exercised all due diligence to prevent the contravention.

(3) 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, any regulations made under this Order [F32 or a Safety Regulation] was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission will be deemed not to be a contravention by that person of that provision.

(4) If a person is charged with contravening a provision of this Order or any regulations made under this Order by reason of that person having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport, public transport or commercial operation, the flight is to be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if the person proves that they neither knew nor suspected that the flight was for that purpose.

(5) Any person who contravenes any provision specified in Part 1 of Schedule 13 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Any person who contravenes any provision specified in Part 2 of Schedule 13 is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) Any person who contravenes any provision specified in Part 3 of Schedule 13 is guilty of an offence and punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine or by imprisonment for a term not exceeding two years, or to both.

(8) Any person who contravenes the provision specified in Part 4 of Schedule 13 is guilty of an offence and punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine or by imprisonment for a term not exceeding five years, or to both.

Textual Amendments

F31 Words in art. 265(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 72 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in art. 265(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 72 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F33 Offences: Contravention of Commission Implementing Regulation (EU) 2019/947 on the rules and procedures for the operation of unmanned aircraft – UAS operator U.K.

265A.— (1) A UAS operator must not cause or permit an unmanned aircraft other than a tethered small unmanned aircraft to be flown unless—

(a) the requirements in Article 4(1) of, and Part A of the Annex to, the Unmanned Aircraft Implementing Regulation are met for that flight (an ‘open’ category flight);

(b) at the time of the flight, one of the following is valid for the flight (a ‘specific’ category flight)—

(i) an operational authorisation issued to the UAS operator under Article 12 of the Unmanned Aircraft Implementing Regulation;

(ii) a LUC with appropriate privileges granted to the UAS operator in accordance with point UAS.LUC.060 of the Annex to that Regulation;

(iii) an authorisation issued in accordance with Article 16 of that Regulation; or

(c) the UAS and the UAS operator have been certified as required by Article 6(1) or (2) of the Unmanned Aircraft Implementing Regulation (a ‘certified’ category flight).

(2) A UAS operator who contravenes paragraph (1) is guilty of an offence.

(3) A UAS operator who contravenes a relevant requirement imposed in the Unmanned Aircraft Implementing Regulation is guilty of an offence.

(4) For the purposes of paragraphs (1)(a) and (3), a requirement in any provision of the Unmanned Aircraft Implementing Regulation is to be read together with any other provision of that Regulation that contains any exception, derogation or qualification relating to that requirement.

(5) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(a) is a requirement in any of the following provisions of the Unmanned Aircraft Implementing Regulation—

(a) Article 14(5) (registration);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting of safety occurrences);

(d) in Part A of the Annex—

(i) point UAS.OPEN.050(3) (designation of remote pilot);

(ii) point UAS.OPEN.050(4)(a) (competency of remote pilot);

(iii) point UAS.OPEN.050(5) (geo-awareness updates).

(6) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(i) is a requirement in any of the following provisions of the Unmanned Aircraft Implementing Regulation—

(a) Article 14(5) (registration);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting of safety occurrences);

(d) in Part B of the Annex—

(i) point UAS.SPEC.050(1)(a) (operational procedures and limitations);

(ii) point UAS.SPEC.050(1)(b) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(iii) point UAS.SPEC.050(1)(d)(i) (competency of remote pilot);

(iv) point UAS.SPEC.050(1)(d)(v) (operations manual);

(v) point UAS.SPEC.050(1)(f) (authorised limitations and conditions);

(vi) point UAS.SPEC.050(1)(g) (record-keeping);

(vii) point UAS.SPEC.090 (access to records);

(viii) point UAS.SPEC.100 (use of certified equipment).

(7) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(ii) is a requirement in any of the following provisions of the Unmanned Aircraft Implementing Regulation—

(a) Article 14(5) (registration);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting of safety occurrences);

(d) in Part B of the Annex—

(i) point UAS.SPEC.050(1)(a) (operational procedures and limitations);

(ii) point UAS.SPEC.050(1)(b) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(iii) point UAS.SPEC.050(1)(d)(i) (competency of remote pilot);

(iv) point UAS.SPEC.050(1)(d)(v) (operations manual);

(v) point UAS.SPEC.050(1)(f) (authorised limitations and conditions);

(vi) point UAS.SPEC.050(1)(g) (record-keeping);

(vii) point UAS.SPEC.100 (use of certified equipment).

(e) in Part C of the Annex—

(i) point UAS.LUC.020(2) (scope and privileges of the LUC);

(ii) point UAS.LUC.020(3) (operational control system);

(iii) point UAS.LUC.020(4) (operational risk assessment);

(iv) point UAS.LUC.020(5) (LUC record-keeping);

(v) point UAS.LUC.090 (access to records).

(8) For the purposes of paragraph (7), the holder of a LUC who, in accordance with a privilege granted under point UAS.LUC.060(2) of Part C of the Annex to the Unmanned Aircraft Implementing Regulation, authorises a flight without applying for an operational authorisation is to be taken as having complied with any requirement in a provision referred to in paragraph (7)(d) relating to an operational authorisation.

(9) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph 1(b)(iii) is a requirement of any of the following provisions of the Unmanned Aircraft Implementing Regulation—

(a) Article 14(5) (registration), subject to Article 16(4);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting of safety occurrences),

and any condition of a kind referred to in Article 16(3) of the Unmanned Aircraft Implementing Regulation that is imposed on the UAS operator in the authorisation.

Textual Amendments

F33 Arts. 265A-265F inserted (31.12.2020) by The Air Navigation (Amendment) Order 2020 (S.I. 2020/1555), arts. 1(2), 9 (with art. 13)

Offences: Contravention of Commission Implementing Regulation (EU) 2019/947 on the rules and procedures for the operation of unmanned aircraft – remote pilot U.K.

265B.— (1)  A remote pilot must not fly an unmanned aircraft other than a tethered small unmanned aircraft unless—

(a) at the time of take-off, the remote pilot reasonably holds the view that the requirements in Article 4(1) of, and Part A of the Annex to, the Unmanned Aircraft Implementing Regulation will be met in respect of the planned flight (an ‘open’ category flight);

(b) at the time of the flight, one of the following is valid for the flight (a ‘specific’ category flight)—

(i) an operational authorisation issued to the UAS operator under Article 12 of the Unmanned Aircraft Implementing Regulation;

(ii) a LUC with appropriate privileges granted to the UAS operator in accordance with point UAS.LUC.060 of the Annex to that Regulation;

(iii) an authorisation issued in accordance with Article 16 of that Regulation; or

(c) the UAS and the UAS operator have been certified as required by Article 6(1) or (2) of the Unmanned Aircraft Implementing Regulation (a ‘certified’ category flight).

(2) A remote pilot who contravenes paragraph (1) in relation to a flight, and who was not also the UAS operator in relation to that flight, is guilty of an offence.

(3) A remote pilot who contravenes a relevant requirement imposed in the Unmanned Aircraft Implementing Regulation is guilty of an offence.

(4) For the purposes of paragraphs (1)(a) and (3), a requirement in any provision of the Unmanned Aircraft Implementing Regulation is to be read together with any other provision of that Regulation that contains any exception, derogation or qualification relating to that requirement.

(5) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(a) is a requirement imposed in any of the following provisions of Part A of the Annex to the Unmanned Aircraft Implementing Regulation—

(a) point UAS.OPEN.010(2) (maximum operating height);

(b) point UAS.OPEN.060(1)(a), insofar as it relates to having the appropriate competency in the intended subcategory of flight;

(c) point UAS.OPEN.060(1)(a), insofar as it relates to carrying proof of competency;

(d) point UAS.OPEN.060(1)(d) (certain safety checks);

(e) point UAS.OPEN.060(1)(e) (MTOM check);

(f) point UAS.OPEN.060(2)(a) (fitness to fly);

(g) point UAS.OPEN.060(2)(b), insofar as it requires the remote pilot to keep the unmanned aircraft in visual line of sight;

(h) point UAS.OPEN.060(2)(b), insofar as it relates to discontinuing the flight in certain circumstances;

(i) point UAS.OPEN.060(2)(c) (geographical zones);

(j) point UAS.OPEN.060(3) (flights close to emergency response).

(6) For the purposes of paragraph (3), in the case of a flight conducted in the circumstances referred to in paragraph (1)(a) with a UAS of a kind specified in a provision of the Unmanned Aircraft Implementing Regulation listed in column 1 of Table 1 below, a “relevant requirement” also includes a requirement imposed in a provision of that Regulation specified in column 2 of that table (where “point” refers to a point in the Annex to that Regulation).

Table 1

Provision specifying the kind of UAS	Provision containing “relevant requirements”
Article 22(a)	Point UAS.OPEN.020(1)
Point UAS.OPEN.020(5)(a), (b) or (c)	Point UAS.OPEN.020(2)
Point UAS.OPEN.020(5)(d)	Point UAS.OPEN.020(1)
Point UAS.OPEN.040(4)(c) if, at the time of take-off, the remote pilot does not intend to comply with points UAS.OPEN.040(1) and (2) of that Annex	Point UAS.OPEN.030(1)
Article 22(b)	Article 22(b)
Point UAS.OPEN.040(4)(c) if, at the time of take-off, the remote pilot intends to comply with points UAS.OPEN.040(1) and (2) of that Annex	Points UAS.OPEN.040(1) and (2)
Point UAS.OPEN.040(4)(a), (b), (d) or (e)	Points UAS.OPEN.040(1) and (2)
Article 22(c)	Points UAS.OPEN.040(1) and (2)

(7) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(i) or (ii) is a requirement imposed in any of the following provisions of Part B of the Annex to the Unmanned Aircraft Implementing Regulation—

(a) point UAS.SPEC.060(1)(a) (fitness to fly);

(b) point UAS.SPEC.060(1)(b), insofar as it relates to having the appropriate competency;

(c) point UAS.SPEC.060(1)(b), insofar as it relates to carrying proof of competency;

(d) point UAS.SPEC.060(2)(c) (certain safety checks);

(e) point UAS.SPEC.060(3)(a) (authorised limitations and conditions);

(f) point UAS.SPEC.060(3)(b) (risk avoidance);

(g) point UAS.SPEC.060(3)(c) (geographical zones);

(h) point UAS.SPEC.060(3)(d) (operator’s procedures);

(i) point UAS.SPEC.060(3)(e) (flights close to emergency response).

(8) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(iii) is any condition of a kind referred to in Article 16(3) of the Unmanned Aircraft Implementing Regulation that is imposed on the remote pilot in the authorisation.

Textual Amendments

F33 Arts. 265A-265F inserted (31.12.2020) by The Air Navigation (Amendment) Order 2020 (S.I. 2020/1555), arts. 1(2), 9 (with art. 13)

Offence: registration of certified unmanned aircraft U.K.

265C.— (1) The owner of an unmanned aircraft required by Article 6(1) or (2) of the Unmanned Aircraft Implementing Regulation to be certified must not cause or permit that aircraft to be flown unless the owner has first registered that aircraft in accordance with Article 14(7) of that Regulation.

(2) Any person who contravenes paragraph (1) is guilty of an offence.

Textual Amendments

F33 Arts. 265A-265F inserted (31.12.2020) by The Air Navigation (Amendment) Order 2020 (S.I. 2020/1555), arts. 1(2), 9 (with art. 13)

Minimum age requirements: UAS operators and remote pilots U.K.

265D.— (1) In accordance with Article 9(3)(a) of the Unmanned Aircraft Implementing Regulation, the minimum age for remote pilots operating a UAS in the ‘open’ category is lowered from 16 years to 12 years.

(2) The minimum age of 16 years for remote pilots operating a UAS in the ‘specific’ category is lowered—

(a) to 14 years in accordance with Article 9(3)(b) of the Unmanned Aircraft Implementing Regulation; or

(b) when operating in the framework of model aircraft clubs or associations, to 14 years or any lower minimum age provided for in an authorisation issued in accordance with Article 16 of that Regulation.

(3) A UAS operator must not cause or permit an unmanned aircraft other than a tethered small unmanned aircraft to be flown by a remote pilot who does not meet the minimum age for operating a UAS required by Article 9 of the Unmanned Aircraft Implementing Regulation, subject to paragraphs (1) and (2).

(4) A UAS operator who contravenes paragraph (3) is guilty of an offence.

(5) Paragraphs (3) and (4) cease to have effect on IP completion day.

(6) In the case of an individual, the CAA must not issue a unique digital registration number to a UAS operator in accordance with Article 14(6) of the Unmanned Aircraft Implementing Regulation unless the UAS operator is at least 18 years of age.

(7) In this article—

(a) ‘open’ category means a category of UAS operations that is defined in Article 4 of the Unmanned Aircraft Implementing Regulation;

(b) ‘specific’ category means a category of UAS operations that is defined in Article 5 of the Unmanned Aircraft Implementing Regulation.

Textual Amendments

F33 Arts. 265A-265F inserted (31.12.2020) by The Air Navigation (Amendment) Order 2020 (S.I. 2020/1555), arts. 1(2), 9 (with art. 13)

Offences: tethered small unmanned aircraft U.K.

265E.— (1) A UAS operator must not cause or permit a tethered small unmanned aircraft to be flown, unless the following requirements of the Unmanned Aircraft Implementing Regulation are complied with in relation to the tethered small unmanned aircraft—

(a) Article 14(5) (registration);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting safety occurrences);

(d) point UAS.OPEN.050(3) of Part A of the Annex (designation of remote pilot);

(e) point UAS.OPEN.050(5) of Part A of the Annex (geo-awareness updates).

(2) Subject to paragraph (3), a remote pilot must not fly a tethered small unmanned aircraft unless the following requirements of the Unmanned Aircraft Implementing Regulation are complied with in relation to the tethered small unmanned aircraft—

(a) where the tethered small unmanned aircraft has a MTOM of less than 250g, the following provisions of Part A of the Annex to that Regulation—

(i) point UAS.OPEN.010(2) (maximum operating height);

(ii) point UAS.OPEN.020(2) (overflight of people);

(iii) point UAS.OPEN.060(1)(d) (certain safety checks);

(iv) point UAS.OPEN.060(2)(a) (fitness to fly);

(v) point UAS.OPEN.060(2)(b), insofar as it requires the remote pilot to keep the unmanned aircraft in visual line of sight;

(vi) point UAS.OPEN.060(2)(b), insofar as it relates to discontinuing the flight in certain circumstances;

(vii) point UAS.OPEN.060(2)(c) (geographical zones);

(viii) point UAS.OPEN.060(3) (flights close to emergency response);

(b) where the tethered small unmanned aircraft has a MTOM 250g or more, the following provisions of Part A of that Annex—

(i) point UAS.OPEN.010(2) (maximum operating height);

(ii) point UAS.OPEN.020(4)(b) (competency);

(iii) point UAS.OPEN.040(1) (overflight of people);

(iv) point UAS.OPEN.040(2) (horizontal distances);

(v) point UAS.OPEN.060(1)(a) insofar as relates to carrying proof of competency;

(vi) point UAS.OPEN.060(1)(d) (certain safety checks);

(vii) point UAS.OPEN.060(2)(a) (fitness to fly);

(viii) point UAS.OPEN.060(2)(b), insofar as it requires the remote pilot to keep the unmanned aircraft in visual line of sight;

(ix) point UAS.OPEN.060(2)(b), insofar as it relates to discontinuing the flight in certain circumstances;

(x) point UAS.OPEN.060(2)(c) (geographical zones);

(xi) point UAS.OPEN.060(3) (flights close to emergency response).

(3) A remote pilot may fly a tethered small unmanned aircraft in a manner not in compliance with the requirements specified in paragraphs (2)(a)(i), (2)(a)(ii), (2)(a)(v), (2)(b)(i), (2)(b)(iii), (2)(b)(iv) and (2)(b)(viii) provided that flight or that part of that flight is in accordance with a permission issued by the CAA to the UAS operator.

(4) For the purposes of paragraphs (1) and (2), any reference to an “unmanned aircraft” or “UAS” in the Unmanned Aircraft Implementing Regulation is to be read as if it includes a tethered small unmanned aircraft or a system that includes such an aircraft.

(5) The UAS operator or a remote pilot of a tethered small unmanned aircraft must not cause or permit—

(a) any material to be dropped from, or dangerous goods to be carried on, the aircraft during flight;

(b) the aircraft to be flown where the limit imposed by the restraining device is more than 25m long,

other than in accordance with a permission issued by the CAA to the UAS operator.

(6) The UAS operator must not cause or permit a [F34 tethered small unmanned aircraft] to be flown unless the UAS operator has reasonably formed the view that the remote pilot of the aircraft complies with the requirement specified in paragraph (2)(b)(ii) in relation to that flight.

(7) Any person who contravenes paragraph (1), (2), (5) or (6) is guilty of an offence.

(8) In this article, “dangerous goods” and “MTOM” have the meanings assigned to them in Article 2 of the Unmanned Aircraft Implementing Regulation.

Textual Amendments

F33 Arts. 265A-265F inserted (31.12.2020) by The Air Navigation (Amendment) Order 2020 (S.I. 2020/1555), arts. 1(2), 9 (with art. 13)

F34 Words in art. 265E(6) substituted (19.8.2021) by The Air Navigation (Amendment) Order 2021 (S.I. 2021/879), arts. 1(1), 9

Penalties U.K.

265F.— (1) Any person guilty of an offence under article 265A(2) or article 265B(2) is liable on summary conviction—

(a) in England and Wales to a fine; or

(b) in Scotland or Northern Ireland to a fine not exceeding the statutory maximum.

(2) Any person guilty of an offence under article 265A(3) is liable on summary conviction to a fine—

(a) not exceeding level 3 on the standard scale if the offence relates to contravention of a relevant requirement referred to in—

(i) article 265A(5)(a) (registration);

(ii) article 265A(5)(b) (display of registration number);

(iii) article 265A(5)(d)(i) (designation of remote pilot);

(iv) article 265A(5)(d)(ii) (competency of remote pilot);

(v) article 265A(5)(d)(iii) (geo-awareness updates);

(vi) article 265A(6)(a) (registration);

(vii) article 265A(6)(b) (display of registration number);

(viii) article 265A(6)(d)(ii) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(ix) article 265A(6)(d)(iii) (competence of remote pilot);

(x) article 265A(6)(d)(iv) (operations manual);

(xi) article 265A(6)(d)(vi) (record-keeping);

(xii) article 265A(6)(vii) (access to records);

(xiii) article 265A(7)(a) (registration);

(xiv) article 265A(7)(b) (display of registration number);

(xv) article 265A(7)(d)(ii) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(xvi) article 265A(7)(d)(iii) (competency of remote pilot);

(xvii) article 265A(7)(d)(iv) (operations manual);

(xviii) article 265A(7)(d)(vi) (record-keeping);

(xix) article 265A(7)(e)(iv) (LUC record-keeping);

(xx) article 265A(7)(e)(v) (access to records);

(xxi) article 265A(9)(a) (registration); or

(xxii) article 265A(9)(b) (display of registration number);

(b) not exceeding level 4 on the standard scale in any other case.

(3) Any person guilty of an offence under article 265B(3) is liable on summary conviction to a fine—

(a) not exceeding level 2 on the standard scale if the offence relates to contravention of a relevant requirement referred to in article 265B(5)(c) or (7)(c) (requirements for remote pilot to carry proof of competency);

(b) not exceeding level 3 on the standard scale if the offence relates to contravention of a relevant requirement referred to in article 265B(5)(b), (5)(e) or (7)(b) (requirements for remote pilot to have appropriate competency and verify MTOM);

(c) not exceeding level 4 on the standard scale in any other case.

(4) Any person guilty of an offence under article 265C(2) or 265D(4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Any person guilty of an offence under article 265E(7) is liable on summary conviction to a fine—

(a) not exceeding level 2 on the standard scale if the offence relates to the requirement in article 265E(2)(b)(v) (requirement for remote pilot to carry proof of competency);

(b) not exceeding level 3 on the standard scale if the offence relates to a requirement referred to in—

(i) article 265E(1)(a) (registration);

(ii) article 265E(1)(b) (display of registration number);

(iii) article 265E(1)(d) (designation of remote pilot);

(iv) article 265E(1)(e) (geo-awareness updates);

(v) article 265E(2)(b)(ii) (competency); or

(vi) article 265E(6) (remote pilot competency);

(c) not exceeding level 4 on the standard scale in any other case.]

Textual Amendments

F33 Arts. 265A-265F inserted (31.12.2020) by The Air Navigation (Amendment) Order 2020 (S.I. 2020/1555), arts. 1(2), 9 (with art. 13)

[F35 Fixed penalty offences U.K.

265G.   In the case of an offence under any provision of this Order which is prescribed under paragraph 2(2) of Schedule 10 to the Air Traffic Management and Unmanned Aircraft Act 2021, this Order has effect subject to Schedule 10 to that Act (fixed penalties for certain offences relating to unmanned aircraft).]

Textual Amendments

F35 Art. 265G inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 10 para. 2(3); S.I. 2021/748, reg. 2(l)

Modifications etc. (not altering text)

C5 Art. 265G: power to amend conferred (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 10 para. 2(4)(5); S.I. 2021/748, reg. 2(l)

Exemption from Order U.K.

266.  The CAA may exempt from any of the provisions of this Order (other than articles 179, 230, 247, 250, 251, 252, 255, and 267) or any regulations made under this Order, any aircraft or persons or classes of aircraft or persons, subject to such conditions it deems appropriate.

Appeal to County Court or Sheriff Court U.K.

267.—(1) Subject to paragraphs (3), (4) and (5), an appeal lies to a county court from any decision of the CAA that a person is not a fit person to hold a licence to act as—

(a) an aircraft maintenance engineer;

(b) a member of the flight crew of an aircraft;

(c) an air traffic controller;

(d) a student air traffic controller; or

(e) a flight information service officer.

(2) If the court is satisfied that, on the evidence submitted to the CAA, it was wrong in deciding that a person is not a fit person to hold a licence, the court may reverse the CAA's decision and the CAA must give effect to the court's determination.

(3) An appeal does not lie from a decision of the CAA that a person is not qualified to hold the licence by reason of a deficiency in that person's knowledge, experience, competence, skill, physical or mental fitness.

(4) If the appellant resides or has its registered or principal office in Scotland, the appeal lies to the sheriff within whose jurisdiction the appellant resides and the appeal is by way of summary application.

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

(6) The CAA is a respondent to any appeal under this article.

(7) For the purposes of any provision relating to the time within which an appeal may be brought, the CAA's decision is deemed to have been taken on the date on which the CAA supplied a statement of its reasons for the decision to the applicant for the licence or the holder or former holder of it.

(8) In the case of an appeal to the sheriff—

(a) the sheriff may, if the sheriff thinks fit, and 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;

(b) where it is proposed to appoint any person as an assessor, an objection to the proposed assessor, either personally or concerning the proposed assessor's qualification, may be stated by any party to the appeal and must be considered and disposed of by the sheriff.

(9) The assessors for each sheriffdom must be appointed from a list of persons approved for the purposes by the sheriff principal and—

(a) such a list must be published in such manner as the sheriff principal directs;

(b) such a list will be in force for three years only, but persons entered in any such list may be again approved in any subsequent list; and

(c) it is 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 their sheriffdom.

(10) The sheriff before whom an appeal is heard with the assistance of an assessor must make a note of any question submitted by the sheriff to such assessor and of the answer to that question.

(11) An appeal lies on a point of law from any decision of a sheriff under this article to the Court of Session.

Approval of persons to supply reports U.K.

268.  In relation to any of its functions under any of the provisions of this Order the CAA may approve a person as qualified to supply reports to it and may accept such reports.

Certificates, authorisations, approvals and permissions U.K.

269.  Wherever in this Order there is provision for the issue or grant of a certificate, authorisation, approval or permission by the CAA, unless otherwise provided, such a certificate, authorisation, approval or permission—

(a) must be in writing;

(b) may be issued or granted subject to such conditions as the CAA thinks fit; and

(c) may be issued or granted, subject to article 253, for such periods as the CAA thinks fit.

Competent authority U.K.

F36 270.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Art. 270 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 73 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Functions under the Basic EASA Regulation to be exercised by the CAA U.K.

F37 271.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Art. 271 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 74 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Functions under the EASA Aircrew Regulation to be exercised by the CAA U.K.

F38 272.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Art. 272 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 75 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Functions under the Occurrence Reporting Regulation to be exercised by the CAA U.K.

F39 273.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Art. 273 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 76 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)