Air Navigation (Second Amendment) Order 1983
| Jurisdiction | UK Non-devolved |
1983 No. 1905
CIVIL AVIATION
The Air Navigation (Second Amendment) Order 198321stDecember 1983
9thJanuary 1984
21stJune 1984for the purpose of Article 2(3), (4), (5), (6), (10), (20) and (28)(a) and (b)for the purpose of Article 2(3), (4), (5), (6), (10), (20) and (28)(a) and (b)21stDecember 1984for the purpose of Article 2(31)for the purpose of Article 2(31)21stDecember 1986for all other purposes31stJanuary 1984
At the Court at Buckingham Palace, the 21st day of December 1983
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 (Second Amendment) Order 1983 and shall come into operation for the purpose of Article 2(11), (12), (19), (29)(c), (d), (g) and (h), (30) and (33) on 21st June 1984; for the purpose of Article 2(3), (4), (5), (6), (10), (20) and (28)(a) and (b) on 21st December 1984; for the purpose of Article 2(31) on 21st December 1986 and for all other purposes on 31st January 1984.
Amendment of the Air Navigation Order 1980
2. The Air Navigation Order 1980(b) shall be amended as follows:
(1) In the "ARRANGEMENT OF ORDER" at the beginning of the Order:
(a) in the heading to Article 9 after the word "Maintenance" there shall be added the word "Review" and this heading shall be substituted in the Order;
(b) after the entry relating to Article 9 there shall be inserted "Article 9A Technical log.";
(2) In Article 4(1) the words "and may record therein the particulars specified in paragraph (7) of this Article in a legible or non legible form so
(a) 1982 c.16.
(b) S.I. 1980/1965, amended by S.I. 1982/161.
long as the recording is capable of being reproduced in a legible form." shall be added after the word "premises";
(3) In Article 8(7) for sub-paragraph (b) there shall be substituted the following sub-paragraph—
"(b) until the completion of any inspection of the aircraft or of any such equipment as aforesaid, being an inspection made for the purpose of ascertaining whether the aircraft remains airworthy and—
(i) classified as mandatory by the Authority; or
(ii) required by a maintenance schedule approved by the Authority in relation to that aircraft or";
(4) For Article 9 there shall be substituted the following Article—
"9—(1) An Aircraft registered in the United Kingdom in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force shall not fly unless—
(a) the aircraft (including in particular its engines), together with its equipment and radio station is maintained in accordance with a maintenance schedule approved by the Authority in relation to that aircraft;
(b) there is in force a certificate (in this Order referred to as a "certificate of maintenance review") issued in respect of the aircraft in accordance with the provisions of this Article and such certificate shall certify the date on which the maintenance review was carried out and the date thereafter when the next review is due.
(2) The approved maintenance schedule referred to in paragraph (1) of this Article shall specify the occasions on which a review must be carried out for the purpose of issuing a certificate of maintenance review.
(3) A certificate of maintenance review may be issued for the purposes of this Article only by—
(a) the holder of an aircraft maintenance engineer's licence:
(i) granted under this Order being a licence which entitles him to issue that certificate, or
(ii) granted under the law of a country other than the United Kingdom and rendered valid under this Order in accordance with the privileges endorsed on the licence, or
(iii) granted under the law of any such country as may be prescribed in accordance with the privileges endorsed on the licence and subject to any conditions which may be prescribed, or
(b) a person whom the Authority has authorised to issue a certificate of maintenance review in a particular case, and in accordance with that authority; or
(c) a person approved by the Authority as being competent to issue such certificates, and in accordance with that approval:
Provided that in approving a maintenance schedule, the Authority may direct that certificates of maintenance review relating to that schedule, or to any part thereof specified in its direction, may be issued only by the holder of such a licence as is so specified.
(4) A person referred to in paragraph (3) of this Article shall not issue a certificate of maintenance review unless he has first verified that—
(a) maintenance has been carried out on the aircraft in accordance with the maintenance schedule approved for that aircraft; and
(b) inspections and modifications required by the Authority as provided in Article 8 of this Order have been completed as certified in the relevant certificate of release to service issued in accordance with Article 10 of this Order; and
(c) defects entered in the technical log of the aircraft in accordance with Article 9A of this Order have been rectified or the rectification thereof has been deferred in accordance with procedures approved by the Authority; and
(d) certificates of release to service have been issued in accordance with Article 10 of this Order;
and for this purpose the operator of the aircraft shall make available to that person such information as is necessary.
(5) A certificate of maintenance review shall be issued in duplicate. One copy of the most recently issued certificate shall be carried in the aircraft when Article 55 of this Order so requires, and the other shall be kept by the operator elsewhere than in the aircraft.
(6) Subject to the provisions of Article 58 of this Order, each certificate of maintenance review shall be preserved by the operator of the aircraft for a period of two years after it has been issued.";
(5) After Article 9 there shall be inserted the following heading and Article—
"Technical Log
9A—(1) A technical log shall be kept in respect of an aircraft registered in the United Kingdom being an aircraft in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force.
(2) At the end of every flight by an aircraft to which the provisions of this Article apply the commander of the aircraft shall enter—
(a) the times when the aircraft took off and landed; and
(b) particulars of any defect which is known to him and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to him, an entry to that effect; and
(c) such other particulars in respect of the airworthiness or operation of the aircraft as the Authority may require,
in a technical log, or, in the case of an aircraft of which the maximum total weight authorised does not exceed 2,730kg. and which is not operated by a person who is the holder of or is required by Article 6(1) of this Order to hold an air operator's certificate, in such other record as the Authority shall approve and he shall sign and date such entries:
Provided that in the case of a number of consecutive flights each of which begins and ends—
(i) within the same period of 24 hours; and
(ii) at the same aerodrome, except where each such flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and
(iii) with the same person as commander of the aircraft,
the commander of an aircraft may, except where he becomes aware of a defect during an earlier flight, make the entries as aforesaid in a technical log at the end of the last of such consecutive flights.
(3) Upon the rectification of any defect which has been entered in a technical log in accordance with paragraph 2 of this Article a person issuing a certificate of release to service required by Article 10 of this Order in respect of that defect shall enter the certificate in the technical log in such a position as to be readily identifiable with the defect to which it relates.
(4) The technical log referred to in this Article shall be carried in the aircraft when Article 55 of this Order so requires and copies of the entries referred to in this Article shall be kept on the ground:
Provided that, in the case of an aeroplane of which the maximum total weight authorised does not exceed 2,730kg. or a helicopter, if it is not reasonably practicable for the copy of the technical log to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a box approved by the Authority for that purpose.";
(6) For Article 10 there shall be substituted the following Article—
"10.—(1) Except as provided in paragraph (2) of this Article an aircraft registered in the United Kingdom, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force shall not fly unless there is in force a certificate of release to service issued in accordance with this Article if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in Article 8(7)(b) of this Order, as the case may be:
Provided that if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable—
(a) for the repair or replacement to be carried out in such a manner that a certificate of release to service can be issued under this Article in respect thereof; or
(b) for such certificate to be issued while the aircraft is at that place,
it may fly to a place at which such certificate can be issued, being the nearest place—
(i) to which the aircraft can, in...
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