The Air Navigation (Amendment) Order 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to the Air Navigation Order 2016 (the “2016 Order”) to implement the requirements of Commission Regulation (EU) No. 2015/340 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (the “EU Air Traffic Controller Licensing Regulation”) and Commission Regulation (EU) No. 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008 (the “EU Air Operations Regulations”). The Order also amends the maximum criminal fine for loss of communication with Air Traffic Control and corrects defects in the 2016 Order.

The more substantial of the amendments are as follows.

Article 3(b) omits A to A commercial air transport helicopter operations from the scope of public transport flights.

Article 8 disapplies the registration requirement in respect of non-EASA kites, non-captive balloons and aircraft flying in UK airspace with the permission of the Civil Aviation Authority (the “CAA”).

Article 13 permits an aircraft flying under a national permit to fly without a permission from the CAA when flying for flying displays and their associated practice, test and positioning flights, and exhibition or demonstration flights.

Article 21 omits provisions relating to minimum equipment lists and allows the CAA to permit an aircraft to fly without a specified item of equipment for that aircraft in certain circumstances.

Articles 27 and 28 enable the Secretary of State to make regulations to prescribe certain requirements for aeroplanes and helicopters registered in the UK.

Article 29 inserts a requirement for the CAA to grant police air operator’s certificates if it is satisfied the applicant is competent to secure the safety of the aircraft type specified in the certificate having regard to the applicant’s conduct, experience, equipment, organisation, staffing, maintenance and other arrangements.

Article 33 inserts a requirement that no person may fly in an aircraft as a member of its flight crew unless the operator possesses an up-to-date record for that person’s duty periods and rest periods for the 28 days prior to the flight.

Article 38(b) omits the provision for documents and records to be kept at an aerodrome instead of being carried on the aircraft where the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the United Kingdom.

Article 40 corrects references to require documents and records to continue to be preserved.

Article 43(c) inserts the requirement to carry necessary maps and charts on the aircraft as required equipment for non-EASA aircraft.

Article 44 omits the requirement for CAA approval of an operator’s arrangements for, and amendments to, the technical log system.

Article 46 amends the revalidation process for the maintenance of licence privileges.

Article 48(d) amends the exception for carriage of documents by allowing records and documents to be kept at the aerodrome instead of being carried on the aircraft where a public transport flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the United Kingdom.

Articles 49(a), (b) and (d), 52, and 56(a) to (d) update the penalties for non-compliance with specific requirements.

Article 57 provides that a breach of a specified provision of the EU Air Traffic Controller Licensing Regulation constitutes a criminal offence. Articles 49(c) and 56(e) omit those offences that are no longer relevant by virtue of the EU Air Traffic Controller Licensing Regulation.

Articles 50, 51, 54, 55, 59 and 60 provide for criminal offences for breach of specified obligations relating to Special Operations and Non Commercial Operations set out in the EU Air Operations Regulation, which contains operating rules for European aviation under a number of different categories.

Articles 53 and 58 increase the criminal fine payable for failure to communicate in relation to an aircraft in UK airspace in circumstances which may give rise to a significant security and safety risk. In England and Wales the penalty increases from a maximum fine of £2,500 to an unlimited fine. In Scotland and Northern Ireland the penalty increases from a maximum fine of £2500 to £5000.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published with the Explanatory Memorandum alongside the instrument at www.legislation.gov.uk.