Air Navigation (Fourth Amendment) Order 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/458 |
1985 No. 458
CIVIL AVIATION
The Air Navigation (Fourth Amendment) Order 198520thMarch 1985
28thMarch 1985
for the purpose of Article 2(30)for the purpose of Article 2(30)1stMarch 1986for the purposes of Article 2(5),(27) and (28)for the purposes of Article 2(5),(27) and (28)1stAugust 1985for all other purposes26thApril 1985
At the Court at Buckingham Palace, the 20th day of March 1985
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 60, 61 and 102 of the Civil Aviation Act 1982 (a) 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 1985 and shall come into operation for the purpose of Article 2(30) on 1st March 1986; for the purposes of Article 2(5), (27) and (28) on 1st August 1985 and for all other purposes on 26th April 1985.
Amendment of the Air Navigation Order 1980
2. The Air Navigation Order 1980 (b) shall be amended as follows:
(1) In Article 14(2) (a) there shall be substituted for the words "certificate of maintenance" the words "certificate of maintenance review".
(2) In the proviso to Article 19(4)(a) the words "or a Commercial Pilot's Licence (Airships)" shall be deleted and the comma between the words "Private Pilot's Licence (Balloons and Airships)" and "a Commercial Pilot's Licence (Balloons)" shall be deleted and the word "or" substituted therefor.
(3) In Article 27 after paragraph (5) there shall be added—
"(6) The operator of an aircraft registered in the United Kingdom and flying for the purpose of the public transport of passengers shall not cause or permit baggage to be carried in the passenger compartment of the aircraft unless such baggage can be properly secured and, in the case of an aircraft capable of seating more than 30 passengers, such baggage shall not exceed the capacity of the spaces in the passenger compartment approved by the Authority for the purpose of stowing baggage.".
(a) 1982 c.16.
(b) S.I. 1980/1965, as amended by S.I. 1982/161, 1983/1905 and 1984/1988.
(4) In Article 28(1) after the words "weight and related performance" there shall be inserted the words "and flight in specified meteorological conditions or at night".
(5) In Article 28 after paragraph (6) there shall be added the following paragraph—
"(7) Notwithstanding the provisions of paragraph (1) of this Article a helicopter in respect of which there is in force under this Order a Certificate of Airworthiness designating the helicopter as being of performance Group A or Group A (Restricted) may fly for the purpose of public transport in accordance with the weight and related performance requirements prescribed for helicopters designated as being of:—
(a) performance Group A (Restricted) in the case of a helicopter designated as being of performance Group A if:
(i) the maximum total weight authorised of the helicopter is less than 5,700 kg; and
(ii) the total number of passengers carried on the helicopter does not exceed 15; or
(b) performance Group B if:
(i) the maximum total weight authorised of the helicopter is less than 2,730 kg; and
(ii) the total number of passengers carried does not exceed 9.".
(6) In Article 33(2)(a) after the words "emergency exits, safety belts, safety harnesses" the comma shall be deleted and the following words inserted—
"and (where required to be carried)".
(7) In Article 33(2)(a) the proviso shall be deleted in its entirety.
(8) For Article 33(2)(b) there shall be substituted the following—
"(b) (i) if the aircraft is not a seaplane but is intended in the course of the flight to reach a point more than 30 minutes flying time (while flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water) from the nearest land, take all reasonable steps to ensure that before take-off all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers;
(ii) if the aircraft is not a seaplane but is required by Article 17(7) of this Order to carry cabin attendants, take all reasonable steps to ensure that, before the aircraft takes-off on a flight:
(aa) which is intended to proceed beyond gliding distance from land, or
(bb) on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the aircraft would be forced to land onto water;
all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers:
Provided that where the only requirement to give such a demonstration arises because it is reasonably possible that the aircraft would be forced to land onto water at one or more of the likely alternate destinations the demonstration need not be given until after the decision has been taken to divert to such a destination.".
(9) In Article 33(2)(c) after the words "all passengers are given a" delete the word "practical".
(10) In Article 33(2) there shall be substituted for sub-pargraph (e) the following—
"(e) Before the aircraft takes-off, and before it lands, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary:—
(i) take all reasonable steps to ensure that all passengers are properly secured in their seats by safety belts or safety harnesses; and
(ii) take all reasonable steps to ensure that those items of baggage in the passenger compartment which he reasonably considers ought by virtue of their size, weight or nature to be properly secured are properly secured and, in the case of an aircraft capable of seating more than 30 passengers, that such baggage is stowed in the passenger compartment stowage spaces approved by the Authority for the purpose.".
(11) After Article 57 there shall be added the...
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