PART 7Training, qualifications and medical fitness

CHAPTER 5Medical Fitness

Illness, injury and related conditions74.

(1)

An individual (“P”) may not act as a member of the crew of a launch vehicle or as a remote pilot if P knows or suspects that P’s physical or mental condition renders P temporarily or permanently unfit to perform those functions, including unfitness by reason of—

(a)

injury or sickness,

(b)

taking or using any prescribed or non-prescribed medication which is likely to interfere with the ability to perform such functions,

(c)

receipt of any medical, surgical or other treatment that is likely to interfere with the ability to perform such functions,

(d)

the effects of any psychoactive substance, or

(e)

fatigue.

(2)

If paragraph (3) applies, an individual (“P”) who holds a medical certificate issued under regulation 73(1) must inform the licensee’s approved aeromedical examiner as soon as possible about P’s condition and seek medical advice.

(3)

This paragraph applies if—

(a)

the individual concerned (“P”) suffers any personal injury which means that P is not capable of undertaking P’s functions as a member of the crew or a remote pilot,

(b)

P suffers any significant illness which means that P is not capable of undertaking P’s functions as a member of the crew or a remote pilot,

(c)

P has reason to think that P is pregnant,

(d)

P has undergone a surgical operation or invasive procedure,

(e)

P has commenced or changed the regular use of any medication,

(f)

P is admitted to a hospital or medical clinic, or

(g)

P first requires correcting glasses or contact lenses.

(4)

P must receive a medical assessment by the spaceflight operator’s approved aeromedical examiner to confirm whether P is fit to take part in spaceflight activities—

(a)

once P has recovered from—

(i)

an injury or illness within paragraph (3)(a) or (b), or

(ii)

an operation or procedure referred to in paragraph (3)(d);

(b)

once P has been discharged from the hospital or clinic referred to in paragraph (3)(f);

(c)

once P is no longer pregnant;

(d)

when the condition referred to in paragraph (3)(e) or (f) applies.

(5)

The spaceflight operator’s approved aeromedical examiner must consult an approved medical assessor appointed by the regulator in relation to that assessment, and may only determine that P is fit for the purposes of paragraph (4) if the approved medical assessor agrees.

(6)

A person who fails to comply with a requirement in paragraph (1), (2) or (4) commits an offence.

(7)

A person who is guilty of an offence under paragraph (6) is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.