Air Navigation (Second Amendment) Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1726 |
| Year | 1991 |
1991 No. 1726
CIVIL AVIATION
The Air Navigation (Second Amendment) Order 1991
Made 24th July 1991
Laid before Parliament 1st August 1991
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 24th day of July 1991
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 60 (other than subsection (3)(r)), 61 and 102 of the Civil Aviation Act 19821and 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 1991 and shall come into force for the purposes of article 2(4), (14), (15), (17), (18), (19), (20), (22), (25), (26), (31), (32), (35), (36), (37), and (39) to (55) (inclusive) on 14th November 1991 and for all other purposes on 1st October 1991.
Amendment of the Air Navigation Order 1989
2. The Air Navigation Order 19892shall be amended as follows:
(1) For article 5(2) there shall be substituted:
“2 Before 1st November 1992 the marks to be borne by aircraft registered in the United Kingdom shall comply with Part B1 or Part B2 of Schedule 1 to this Order. On and after 1st November 1992 the marks to be borne by aircraft registered in the United Kingdom shall comply with Part B2 of Schedule 1 to this Order.”.
(2) In the proviso to article 5(3)(a) after “shall be deemed not to” there shall be inserted “purport to”.
(3) For article 7(1)(b) there shall be substituted:
“(b)
“(b) a balloon flying on a private flight;”.
(4) In article 20(3)(b) after “flying in controlled airspace” there shall be inserted “notified for the purposes of this sub-paragraph of this article”.
(5) In article 31(5) for “below 1000 ft. above the height of the aerodrome” there shall be substituted “from a height of 1000 ft. or more above the aerodrome to a height less than 1000 ft. above the aerodrome”.
(6) In article 32(3) for “below 1000 ft. above the height of an aerodrome” there shall be substituted “from a height of 1000 ft. or more above the aerodrome to a height less than 1000 ft. above the aerodrome”.
(7) In article 32A(2) for “below 1000 ft. above the height of an aerodrome” there shall be substituted “from a height of 1000 ft. or more above the aerodrome to a height less than 1000 ft. above the aerodrome”.
(8) In article 37(2)(d) for “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:” there shall be substituted:
“from the moment when, after the embarkation of its passengers for the purpose of taking off, it first moves until after it has taken off, and before it lands until it comes to rest for the purpose of the disembarkation of its passengers, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary:”.
(9) After article 39 there shall be inserted:
“Area navigation equipment — aircraft registered in the United Kingdom
39A.—(1) An aircraft registered in the United Kingdom shall not fly in controlled airspace notified for the purposes of this paragraph of this article as an area navigation route or area unless—
(a)
(a) it is equipped with area navigation equipment which is approved by the Authority in relation to the purpose for which it is to be used, and which is installed and maintained in a manner approved by the Authority; and
(b)
(b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.
(2) An aircraft registered in the United Kingdom shall not, when flying in controlled airspace notified for the purposes of this paragraph of this article, not being an area navigation route or area, be navigated by means of area navigation equipment unless—
(a)
(a) the said equipment is approved by the Authority in relation to the purpose for which it is to be used, and is installed and maintained in a manner approved by the Authority; and
(b)
(b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.
(3) For the purposes of this article, an approval shall be in writing and may be subject to such conditions as the Authority thinks fit. Such an approval may be granted in respect of any aircraft or specified class or category of aircraft or in respect of a specified type or types of equipment.
Area navigation equipment — aircraft not registered in the United Kingdom
39B.—(1) An aircraft which is not registered in the United Kingdom shall not fly in controlled airspace notified for the purposes of paragraph (1) of article 39A unless—
(a)
(a) it is so equipped with area navigation equipment as to comply with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within any specified areas; and
(b)
(b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.
(2) An aircraft which is not registered in the United Kingdom shall not, when flying in controlled airspace notified for the purposes of paragraph (2) of article 39A, be navigated by means of area navigation equipment unless—
(a)
(a) the said equipment complies with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within any specified areas; and
(b)
(b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.”.
(10) For article 40(4)(b)(ii)(aa) there shall be substituted—
“(aa)
“(aa) the period immediately preceding the last 5 hours of recording or the duration of the last flight, whichever is the greater; or”.
(11) In article 47(1) for sub-paragraphs (f) and (g) there shall be substituted—
“(f)
“(f) the persons to whom information about the carriage of dangerous goods must be provided;
(g)
(g) the documents which must be produced to the Authority or an authorised person on request; and
(h)
(h) the powers to be conferred on an authorised person relating to the enforcement of the regulations made hereunder.”.
(12) At the commencement of article 49(1) there shall be inserted “Subject to the proviso to paragraph (5) hereof,” and at the end of article 49(5) there shall be inserted:
“Provided that this paragraph (5) shall not apply to helicopters.”.
(13) After article 73 there shall be inserted:
“Prohibition of drunkenness etc of controllers
73A. A person shall not when exercising the privileges of an air traffic controller’s licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.”.
(14) In article 75(1)(c) after “flown in controlled airspace” there shall be inserted “notified for the purposes of this sub-paragraph of this article”.
(15) In article 106(1) for the definition of “Appropriate air traffic control unit” there shall be substituted:
““Appropriate air traffic control unit” means in relation to an aircraft either the air traffic control unit serving the area in which the aircraft is for the time being or the air traffic control unit serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be;”
(16) In article 106(1) after the definition of “Appropriate air traffic control unit” there shall be inserted:
““Area navigation equipment” means equipment carried on board an aircraft which enables the aircraft to navigate on any desired flight path within the coverage of appropriate ground based navigation aids or within the limits of that on-board equipment or a combination of the two;”
(17) In article 106(1) after the definition of “Certified for single pilot operation” there shall be inserted:
““Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace” and “Class E airspace” mean airspace respectively notified as such;”
(18) In article 106(1) for the definition of “Controlled airspace” there shall be substituted:
““Controlled airspace” means airspace which has been notified as Class A, Class B, Class C, Class D or Class E airspace;”
(19) In article 106(1) for the definition of “Control area” there shall be substituted:
““Control area” means controlled airspace which has been further notified as a control area and which extends upwards from a notified altitude or flight level;”
(20) In article 106(1) for the definition of “Control zone” there shall be substituted:
““Control zone” means controlled airspace which has been further notified as a control zone and which extends upwards from the surface;”
(21) In article 106(1) after the definition of “Danger area” there shall be inserted:
““Day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level;”
(22) In article 106(1) after the definition of “Flight level” there shall be inserted:
““Flight plan” means such information as may be notified in respect of an air traffic control service unit being information provided or to be provided to that unit, relative to an intended flight or portion of a flight of an aircraft;”
(23) In article 106(1) in the...
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