Air Navigation (Third Amendment) Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/231 |
| Year | 1993 |
1993 No. 231
CIVIL AVIATION
The Air Navigation (Third Amendment) Order 1993
Made 9th February 1993
Laid before Parliament 19th February 1993
Coming into force 12th March 1993
At the Court at Buckingham Palace, the 9th Day of February 1993
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 (Third Amendment) Order 1993 and shall come into force on 1993.
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 The marks to be borne by aircraft registered in the United Kingdom shall comply with Part B of Schedule 1 to this Order.”.
(2) For article 31(1) there shall be substituted:
“1 This article shall apply to public transport aircraft registered in the United Kingdom.
1A (a) The operator of every aircraft to which this article applies shall establish and include in the operations manual relating to the aircraft the particulars (in this sub-paragraph of this article called “the said particulars”) of the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome:
Provided that in relation to any flight wherein:
(i) an operations manual is not required pursuant to article 26(2)(a) of this Order, or
(ii) it is not practicable to include the said particulars in the operations manual;
the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished in writing to the commander of the aircraft the said particulars calculated in accordance with the required data and instructions (as defined in sub-paragraph (b)(i) below) and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months.
(i) (b) The operator of every aircraft to which this article applies for which an operations manual is required pursuant to article 26(2)(a) of this Order, shall include in that operations manual such data and instructions (in this article called “the required data and instructions”) as will enable the commander of the aircraft to calculate the aerodrome operating minima appropriate to aerodromes the use of which cannot reasonably have been foreseen by the operator prior to the commencement of the flight.
(ii) The operator of every aircraft to which this article applies for which an operations manual is not required pursuant to article 26(2)(a) of this Order shall, prior to the commencement of the flight, cause to be furnished in writing to the commander of the aircraft the required data and instructions; and the operators shall cause a copy of the required data and instructions to be retained outside the aircraft for a minimum period of three months.”.
(3) For article 31(2) there shall be substituted:
“2 The aerodrome operating minima specified shall not, in respect of any aerodrome, be such as would permit a landing or take-off at that aerodrome by the aircraft in question at a time when the aerodrome operating minima declared in respect of that aerodrome for such aircraft by the competent authority would not permit a take-off or landing (as the case may be), unless that authority otherwise permits in writing.”.
(4) In article 31(4), (5) and (6) for “An aircraft to which article 26 of this Order applies” there shall be substituted “An aircraft to which this article applies”.
(5) In article 31(8) for “the proviso to paragraph (1)(a) of this article” there shall be substituted “the proviso to sub-paragraph (1A)(a) or the provisions of sub-paragraph (1A)(b)(ii) of this article”.
(6) In the proviso to article 49(5) “(5)” shall be omitted.
(7) For article 56(6) there shall be substituted:
“6 A display authorisation granted in accordance with this article shall, subject to the provisions of article 66 of this Order, remain in force for the period indicated in the display authorisation”.
(8) After article 71 there shall be inserted:
“Fatigue of air traffic controllers – air traffic controller’s responsibilities
71A. A person holding an air traffic controller’s licence shall not perform any of the functions specified in respect of a rating included in that licence if he knows or suspects that he is suffering from, or, having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of any aircraft to which an air traffic control service may be provided.”.
(9) In article 78(1)(a) “and” shall be omitted in the fourth place it appears.
(10) At the end of article 78(1)(b) there shall be added:
“and
(c)
(c) the aerodrome manual submitted pursuant to paragraph (7)(a) of this article is adequate.”
(11) In article 78(4) after “The holder of an aerodrome licence granted under this Order” there shall be inserted “(in this article called an aerodrome licence holder)”.
(12) In article 78(5) for the words “The holder of an aerodrome licence granted under this Order” there shall be substituted “An aerodrome licence holder”.
(13) After article 78(5) there shall be inserted:
“6 An aerodrome licence holder shall take all reasonable steps to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.
7 (a) Upon making application for an aerodrome licence the applicant shall submit to the Authority an aerodrome manual for that aerodrome.
(b) Unless previously submitted pursuant to sub-paragraph (a) of this paragraph, every aerodrome licence holder shall forthwith submit to the Authority an aerodrome manual for that aerodrome.
8 An aerodrome manual required pursuant to this article shall contain all such information and instructions as may be necessary to enable the aerodrome operating staff to perform their duties as such including, in particular, information and instructions relating to the matters specified in Schedule 14 to this Order.
9 Every applicant for an aerodrome licence or aerodrome licence holder shall:
(a) furnish to the Authority any amendments or additions to the aerodromemanual before or immediately after they come into effect;
(b) without prejudice to the foregoing sub-paragraph, make such amendments or additions to the aerodrome manual as the Authority may require for the purpose of ensuring the safe operation of aircraft at the aerodrome or the safety of air navigation; and
(c) maintain the aerodrome manual and make such amendments as may be necessary for the purposes of keeping its contents up to date.
10 (a) Every aerodrome licence holder shall make available to each member of the aerodrome operating staff a copy of the aerodrome manual, or a copy of every part of the aerodrome manual which is relevant to his duties; and shall ensure that each such copy is kept up to date.
(b) Every aerodrome licence holder shall take all reasonable steps to secure that each member of the aerodrome operating staff:
(i) is aware of the contents of every part of the aerodrome manual which is relevant to his duties as such; and
(ii) undertakes his duties as such in conformity with the relevant provisions of the manual.
11 For the purposes of this article:
(a) “aerodrome operating staff” means all persons, whether or not the aerodrome licence holder and whether or not employed by the aerodrome licence holder, whose duties are concerned either with ensuring that the aerodrome and airspace within which its visual traffic pattern is normally contained are safe for use by aircraft, or whose duties require them to have access to the aerodrome manoeuvring areas or apron;
(b) “visual traffic pattern” means the aerodrome traffic zone of the aerodrome, or, in the case of an aerodrome which is not notified for the purposes of rule 39 of the Rules of the Air, the airspace which would comprise the aerodrome traffic zone of the aerodrome if it was so notified.”.
(14) For article 94(1) there shall be substituted:
“94.—(1) Subject to the provisions of this article, every person who:
(a)
(a) is the operator or the commander of a public transport aircraft which isregistered in the United Kingdom and has a maximum total...
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