Air Navigation (Fourth Amendment) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1627 |
| Year | 1978 |
1978 No. 1627
CIVIL AVIATION
The Air Navigation (Fourth Amendment) Order 197815thNovember 1978
23rdNovember 1978
1stApril 1979for all other purposes1stJanuary 1979
At the Court at Buckingham Palace, the 15th day of November 1978
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 8, 57 and 59 of the Civil Aviation Act 1949(a), as amended by section 20 of the Civil Aviation Act 1968(b), section 8(4) of the Mineral Workings (Offshore Installations) Act 1971(c) and section 62(1) of the Civil Aviation Act 1971(d) and of all other powers enabling Her in that behalf is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation and commencement
1. This Order may be cited as the Air Navigation (Fourth Amendment) Order 1978 and shall come into operation for the purposes of Article 3(2) and Article 3(12) on 1st April 1979 and for all other purposes on 1st January 1979.
Interpretation
2. The Interpretation Act 1889(e) shall apply for the purposes of the interpretation of this Order as it applies for the purpose of the interpretation of an Act of Parliament.
Amendment of Air Navigation Order 1976
3. The Air Navigation Order 1976(f), as amended(g), shall be further amended as follows:
(1) In Article 14:
(a) in paragraphs (1), (2), (4) and (5) for the words "radio equipment" wherever they appear there shall be substituted the words "radio and radio navigation equipment";
(a) 1949 c. 67.
(b) 1968 c. 61.
(c) 1971 c. 61.
(d) 1971 c. 75.
(e) 1889 c.63.
(f) S.I. 1976/1783.
(g) S.I. 1977/1255, 2160; 1978/284.
(b) in paragraph (3) for the words "special radio equipment" there shall be substituted the words "special radio or radio navigation equipment".
(2) In Article 20 in paragraph (5) after the words "instrument rating (aeroplanes)" there shall be inserted the words "an instrument rating (helicopters)".
(3) In Article 20 in sub-paragraph (7)(b) after the words "in a particular case" there shall be inserted the words "or class of case".
(4) In Article 43:
(a) after paragraph (5) there shall be inserted the following new paragraph:
"(5A) On every flight beginning on or after 1st April 1980 by an aircraft to which this Article applies, being an aircraft of which the maximum total weight authorised exceeds 5,700 kg., every exit from such an aircraft intended to be used by passengers in an emergency shall be marked upon the exterior of the aircraft by a band not less than 5 centimetres in width outlining the exit.";
(b) in paragraph (6):
(i) at the beginning of sub-paragraph (b) there shall be inserted the words "except in the case of the markings required by paragraph (5A) of this Article,";
(ii) after sub-paragraph (b) there shall be inserted the following new sub-paragraph—
"(bb) in the case of the markings required by paragraph (5A) of this Article, be of a colour clearly contrasting with the background on which it appears.".
(5) In Article 64 for paragraph (1) there shall be substituted the following new paragraph: —
"(1)(a) Where the Secretary of State deems it necessary in the public interest to restrict or prohibit flying by reason of—
(i) the intended gathering or movement of a large number of persons, or
(ii) the intended holding of an aircraft race or contest or of an exhibition of flying, or
(iii) national defence or any other reason affecting the public interest,
the Secretary of State may make regulations prohibiting, restricting or imposing conditions on flight,—
(aa) by any aircraft, whether or not registered in the United Kingdom, in any airspace over the United Kingdom or in the neighbourhood of an offshore installation;
(bb) by aircraft registered in the United Kingdom, in any other airspace, being airspace in respect of which the United Kingdom has in pursuance of international arrangements undertaken to provide navigation services for aircraft.
(b) Regulations made under this Article may apply either generally or in relation to any class of aircraft.".
(6) In Article 69:
(a) in paragraph (1) for the words "used for the taking-off" there shall be substituted the words "used or intended to be used for the taking-off";
(b) in paragraph (2) for the words "radar or radio navigation equipment to be used to facilitate an aircraft's approach to land and landing" there shall be substituted the words "radio communication, radar or radio navigation equipment to be used to facilitate an aircraft's approach to land or landing".
(7) In Article 70 in sub-paragraph (1)(a) for the words "installation of radar or radio navigation equipment provided by him and used to facilitate an aircraft's approach to land and landing" there shall be substituted the words "installation of radio communication, radar or radio navigation equipment provided by him and used to facilitate an aircraft's approach to land or landing".
(8) In Schedule 3 in paragraph 2 for the entry relating to the "Aerial Work Category" there shall be substituted: —
"Aerial Work Category: Any purpose other than public transport.".
(9) In Schedule 5:
(a) in the Table in paragraph 4:
(i) for "flying machines" wherever these words appear there shall be substituted "aeroplanes";
(ii) there shall be added after sub-paragraph (7) the following new sub-paragraphs:
"(8) Helicopters and (a) flying for purpose A
Gyroplanes other than public
transport; and
(i) when flying by
day under Visual
Flight Rules with
visual ground
reference D
(ii) when flying by
day under
Instrument Flight Rules
or without visual
ground reference
(aa) outside controlled
airspace E with E(ii)
duplicated
(bb) within controlled
airspace E with both E(ii) and
E (iv) duplicated and
F with F(iv) for all
weights
(iii) when flying at
night
(aa) with visual ground C, E, G(iii) (b) and
reference G(v)
(bb) without visual ground
reference
(aaa) outside controlled
airspace C, E with E(ii)
duplicated, G(iii) (b)
and G(v)...To continue reading
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