The Air Navigation (Amendment) Order 2017

JurisdictionUK Non-devolved
CitationSI 2017/1112
Year2017
  • This Order may be cited as the Air Navigation (Amendment) Order 2017 and comes into force on 14th December 2017.
  • The Air Navigation Order 2016
  • insert “of this Part” after “Chapter 2”; and
  • omit sub-paragraph (a) including “or”.
  • for “Part 4 and Part 5” substitute “Part 4, Part 5 and Part 6”;
  • at the beginning insert “there has been no valuable consideration or”; and
  • omit “or the purpose of the flight”.
  • after “if” insert “there has been no valuable consideration or”; and
  • omit “or the purpose of the flight”.
  • at the beginning insert “there has been no valuable consideration or”; and
  • omit “or the purpose of the flight”.
  • for “an commercial” substitute “a commercial”;
  • in paragraph (a) omit “and which is made under and”; and
  • for paragraph (b) (ii) substitute—
  • on which no person is carried other than a person permitted to be carried on the flight in accordance with the terms of a parachuting permission granted under article 90; or
  • For article 24(4) substitute—
  • Paragraph (1) does not apply to any non-EASA kite, non-EASA captive balloon or any aircraft flying in accordance with the terms of any permission given by the CAA.
  • In article 25(3) for “article” substitute “Chapter”.
  • In article 33(2) (g) omit “under article 269”.
  • In article 37(4) omit “, as amended from time to time”.
  • In article 38(1) for “paragraph (2) ” substitute “paragraph (3) ”.
  • In article 42(1) (b) for paragraph (i) substitute—
  • for commercial operation other than commercial operation which consists of an aircraft flying for the purpose of a flying display, associated practice for a flying display, test and positioning flights or the exhibition or demonstration of the aircraft;
  • In article 49(2) omit “39,”.
  • In article 61(3) omit “, as amended from time to time”.
  • In article 65 after “Chapters 2” insert “(other than articles 77(1) and 79) ”.
  • for paragraph (2) substitute—
    • (2) Before commencing a flight the pilot in command must be satisfied that—
    • (a) the flight can be made safely, taking into account the latest information available as to the route and aerodrome to be used; and
    • (b) the ground and water facilities, including any required communication and navigation facilities, are adequate for the intended flight.
  • the flight can be made safely, taking into account the latest information available as to the route and aerodrome to be used; andthe ground and water facilities, including any required communication and navigation facilities, are adequate for the intended flight.
  • in paragraph (8) (b) omit “the minimum equipment list or”.
  • In article 70(4) for “136” substitute “137”.
  • In article 75 omit paragraph (3) .
  • at the end of paragraph (2) insert “other than when flying for public transport”; and
  • after paragraph (6) insert—
    • (7) Any equipment installed or carried in an aircraft must be installed, carried, maintained and adjusted so that such equipment—
    • (a) does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; and
    • (b) is not a source of danger to the aircraft.
  • does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; andis not a source of danger to the aircraft.(1) Omit article 78.(2) Before article 79 insert—
      (78A) Carriage of equipment
    • (1) This article applies to any aircraft registered in the United Kingdom.
    • (2) The CAA may permit an aircraft or class of aircraft to which this article applies to commence a flight in specified circumstances even though a specified item of equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use.
    • (3) An aircraft to which this article applies must not commence a flight if any of the equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use unless the aircraft does so in accordance with the terms of a permission granted to the operator under paragraph (2) .
    .
    This article applies to any aircraft registered in the United Kingdom.The CAA may permit an aircraft or class of aircraft to which this article applies to commence a flight in specified circumstances even though a specified item of equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use.An aircraft to which this article applies must not commence a flight if any of the equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use unless the aircraft does so in accordance with the terms of a permission granted to the operator under paragraph (2) .
  • in paragraphs (2) and (3) for each reference to “towed” substitute “ground towed”; and
  • in paragraph (2) (b) omit “controlled airspace or”.
  • In article 93 for paragraph (2) substitute—
  • In this article, a specified number of balloons counts as “simultaneously released at a single site” if released during a period of not more than 15 minutes from within an area not more than 1km square.
  • In article 105(3) for “(5) ” substitute “(6) ”.
  • In article 112(3) for “for every 50 or fraction of 50 passenger seats installed in the aircraft” substitute “and if there are 51 to 100 inclusive passenger seats installed, not less than two members and, if there are 101 to 150 inclusive passenger seats installed, not less than three members and so on”.
  • In article 119 after paragraph (4) insert—
    • (4A) Any equipment installed or carried in an aircraft must be installed, carried, maintained and adjusted so that such equipment—
    • (a) does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; and
    • (b) is not a source of danger to the aircraft.
  • does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; andis not a source of danger to the aircraft.
  • In article 127(4) for “prescribe” substitute “make regulations prescribing”.
  • In article 128(1) for “prescribe” substitute “make regulations prescribing”.
  • In article 134 after paragraph (4) insert—
    • (5) The CAA must grant a police air operator’s certificate if it is satisfied that the applicant is competent to secure that the operation of aircraft of the types specified in the certificate will be as safe as is appropriate when flying on flights of the description and for the purposes specified, having regard in particular to the applicant’s—
    • (a) previous conduct and experience; and
    • (b) equipment, organisation, staffing, maintenance and other arrangements.
  • previous conduct and experience; andequipment, organisation, staffing, maintenance and other arrangements.
  • In article 150(7) for “under this Order is” substitute “under this Order if”.
  • insert “(P) ” after “a person”;
  • for “they know or suspect their” substitute “P knows or suspects P’s”; and
  • for “renders them” substitute “renders P”;
  • in paragraph (2) omit “or medical declaration in accordance with article 163(3) ”; and
  • in paragraph (3) omit “or declaration”.
  • In article 174(2) for “Article 176” substitute “Article 176(1) ”.
  • In article 175(3) (a) after “flight times” insert “, duty periods and rest periods”.
  • insert “(P) ” after “a person”;
  • for “they know or suspect they are” substitute “P knows or suspects P is”; and
  • for “are likely” substitute “is likely”.
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