PART 6Aircrew

CHAPTER 4Flight crew licensing – general provisions

Person not to fly after failing test167.

The holder of a licence who, on the last occasion when the holder took a test for the purposes of articles 154, 155, 156, 157, 158 or 159 failed that test, is not entitled to fly in the capacity for which that test would have qualified the holder had it been passed.

Approval of training and testing168.

The CAA may, for the purposes of articles 36 and 187, and F1Chapter 2 of this Part

(a)

approve any course of training or instruction;

(b)

authorise a person to conduct such examinations or tests as it may specify; and

(c)

approve a person to provide any course of training or instruction.

F2Declared training organisation168A.

(1)

A person may provide a course of training as required under articles 152 and 153 for the grant of a licence or rating where they have completed a declaration as required by this article and that declaration has been accepted by the CAA.

(2)

A declaration must contain at least the following information—

(a)

the name of the declarant;

(b)

the declarant’s principal place of business in the United Kingdom;

(c)

the contact details of the aerodromes and the operating sites of the declarant;

(d)

the names and contact details of the following—

(i)

the representative of the declarant;

(ii)

the head of training of the declarant; and

(iii)

any deputy head of training of the declarant;

(e)

a list of all aircraft to be used for the training if any;

(f)

the date of intended commencement of the training;

(g)

a safety policy;

(h)

a statement confirming the declarant will apply that safety policy during all training activities covered by the declaration;

(i)

the type of training the declarant intends to provide;

(j)

a statement confirming the declarant will, during all training activities covered by the declaration, provide and continue to provide the training in accordance with the declaration.

(3)

The CAA must—

(a)

accept a declaration where it is in the form specified by the CAA and contains at least the information referred to in paragraph (2); and

(b)

the CAA consider that the declarant is able to provide the declared training.

(4)

The CAA must inform the declarant in writing of its acceptance of the declaration or inform the declarant in writing of the reasons why the declaration is not accepted.

(5)

The CAA must publish the required form of declaration, including the information to be included in the declaration in paragraph (2).

(6)

A declaration no longer entitles the provision of training specified within it where—

(a)

the declarant has notified the CAA of the cessation of the training activities covered by the declaration;

(b)

the declarant has not provided the training for more than 36 consecutive months; or

(c)

the CAA notifies the declarant that it is not satisfied that the training is being provided in accordance with the declaration.

(7)

Any notice given under paragraph (6)(c) must give written reasons and—

(a)

the declaration must be treated as if it was suspended under article 253(2); and

(b)

the suspension remains in effect until the CAA informs the declarant that the CAA is satisfied that the declarant is able to provide the training in accordance with the declaration.

Validation of licences169.

F3... The CAA may issue a certificate of validation rendering valid for the purposes of this Order any flight crew licence granted under the law of any country other than that of the United Kingdom.

Instruction in flying170.

(1)

This article applies to instruction in flying given to any person flying or about to fly a flying machine or glider for the purpose of becoming qualified for—

(a)

the grant of a pilot's licence under this Order or Part-FCL; or

(b)

the inclusion, variation, renewal or revalidation of any rating, certificate or qualification in a pilot's licence under this Order or Part-FCL.

(2)

A person must not give any instruction in flying to which this article applies unless—

(a)

they hold a licence, granted or rendered valid under this Order or a Part-FCL licence, entitling them to act as pilot in command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and

(b)

the licence includes an instructor's rating or certificate entitling the holder to give the instruction.

Glider pilots – minimum age171.

A person under 14 years of age must not act as pilot in command of a F4non-Part-21 glider.

F5Licences and ratings no longer to be granted172.

(1)

The CAA must not grant—

(a)

a United Kingdom Commercial Pilot’s Licence (Helicopters and Gyroplanes); or

(b)

a United Kingdom Airline Transport Pilot’s Licence (Helicopters and Gyroplanes),

to any person who was not on 31st December 2002 the holder of such a licence.

(2)

The CAA must not grant—

(a)

a United Kingdom Private Pilot’s Licence (Balloons and Airships); or

(b)

a United Kingdom Commercial Pilot’s Licence (Balloons),

to any person who was not on 30th September 2025 the holder of such a licence.

Status of licences issued by the CAA173.

(1)

This article applies to pilot licences issued by the CAA prior to 17th September 2012 that were not entitled to be mutually recognised by the JAA Full Member States in accordance with JAR-FCL 1 or JAR-FCL 2.

(2)

The following have effect—

(a)

any United Kingdom Basic Commercial Pilot's Licence (Aeroplanes) that includes a restriction specified in paragraph (3) is deemed to be a United Kingdom Private Pilot's Licence (Aeroplanes);

(b)

any United Kingdom Basic Commercial Pilot's Licence (Aeroplanes), other than a licence referred to in sub-paragraph (a), is deemed to be a United Kingdom Commercial Pilot's Licence (Aeroplanes);

(c)

any JAA Commercial Pilot Licence (Aeroplane) that is endorsed to the effect that the licence does not fully comply with JAR-FCL is deemed to be a United Kingdom Commercial Pilot's Licence (Aeroplanes);

(d)

any JAA Airline Transport Pilot Licence (Aeroplane) that is endorsed to the effect that the licence does not fully comply with JAR-FCL is deemed to be a United Kingdom Airline Transport Pilot's Licence (Aeroplanes); and

(e)

any JAA Commercial Pilot Licence (Helicopter) that is endorsed to the effect that the licence does not fully comply with JAR-FCL is deemed to be a United Kingdom Commercial Pilot's Licence (Helicopters).

(3)

A restriction referred to in paragraph (2)(a) is a restriction that the holder must not fly as pilot in command or co-pilot for the purposes of public transport or commercial operation, apart from commercial operation for—

(a)

the giving of instruction in flying;

(b)

the conducting of flying examinations for the purpose of this Order;

(c)

the towing of a glider in flight;

(d)

the giving of flying displays; or

(e)

parachute dropping.