The Air Navigation (Isle of Man) (Amendment) (No. 2) Order 2022

“Revocation, suspension and variation of permissions, etc8A.

In article 145—

(a)

in the heading, omit “or article 141”;

(b)

in paragraph (1), omit “or article 141”.

Department’s power to prevent aircraft flying8B.

In article 147(2)(a)—

(a)

omit “10,”;

(b)

for “, 139 or 141” substitute “or 139”.

Exemption from Order8C.

In article 156, omit “141,”.”

“Interpretation9.

(1)

In article 167(1)—

(a)

after the definition of “Authorised person”, insert—

““Basic Regulation” means Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/913;”;

(b)

for the definition of “the Department”, substitute—

““the Department” means the Department for Enterprise of the Isle of Man Government;”;

(c)

in the definition of “EASA”—

(i)

after “European” insert “Union”;

(ii)

delete “EASA” in the second place it occurs;

(d)

omit the definition of “Microlight aeroplane”;

(e)

after the definition of “Night”, insert—

““Non-Part 21 aircraft” means an aircraft which would not be required by the Basic Regulation to hold a certificate of airworthiness or a restricted certificate of airworthiness under subpart H of Part 21 or a permit to fly under subpart P of Part 21;”;

(f)

for the definition of “Part 21”, substitute—

““Part 21” means the Annex so entitled to Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations4;”;

(g)

after the definition of “Self-sustaining glider”, insert—

““Single-seat deregulated aeroplane” means a non-Part 21 aircraft, other than an unmanned aircraft, which is designed to carry not more than one person, which has—

(a)

a maximum take-off mass not exceeding—

1. (i)

   300kg for a landplane (or 390kg for a landplane of which at least 51% was built by an amateur, or non-profit making association of amateurs (“the association”), for the amateur or the association’s own purposes and without any commercial objective, in respect of which a permit to fly issued by the CAA was in force prior to 1st January 2003);

2. (ii)

   330kg for an amphibian or floatplane; or

3. (iii)

   315kg for a landplane equipped with an airframe mounted total recovery parachute system; and

(b)

a stalling speed, or minimum steady flight speed in the landing configuration, at the maximum take-off mass not exceeding 35 knots calibrated airspeed;”.

(2)

For article 167(3), substitute—

“(3)

Aircraft shall be classified in accordance with the Classification of Aircraft in the Schedule to the Civil Aviation (Miscellaneous Provisions) Order 2020 (SD 2020/0134).”.

“Transitional and saving provision14.

Notwithstanding the revocation by article 3 of this Order of article 6 of the Air Navigation (Isle of Man) Order 2015, where an aircraft has been registered and a certificate of registration issued under article 6 of that Order, and the registration and certificate of registration are valid immediately before that revocation comes into force, the registration has effect as if done, and the certificate has effect as if issued, by the Department for Enterprise of the Isle of Man Government under article 9 of the Civil Aviation (Aircraft Registration and Marking) Order 2022.”.