The Air Navigation (Amendment) Order 2012

Publication Date:January 01, 2012

2012No. 1751

CIVIL AVIATION

The Air Navigation (Amendment) Order 2012

10thJuly2012

17thJuly2012

Other than Part 1

10thAugust2012

Part 1

17thSeptember2012

At the Court at Windsor Castle, the 10th day of July 2012

Present,

The Queen's Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 60(1), (2)(b), (3)(b), (3)(h), (3)(j) and (3)(n), 61(1)(a) and 101 of the Civil Aviation Act 1982( 1), Parts 2 and 3 of Schedule 13 to that Act and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972( 2).

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to Her Majesty that it is expedient for certain references to provisions of a Community instrument to be construed as a reference to those provisions as amended from time to time.

Her Majesty, by and with the advice of Her Privy Council, orders as follows:

Citation and commencement

1.-(1) This Order may be cited as the Air Navigation (Amendment) Order 2012.

(2) This Order comes into force on 10th August 2012 except for Part 1 which comes into force on 17th September 2012.

Interpretation

2. In this Order-

(a) "the EASA Aircrew Regulation" means Commission Regulation (EU) No. 1178/2011 of 3rd November 2011( 3), laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No. 216/2008( 4) of the European Parliament and of the Council; and

(b) "the EASA Air Traffic Controller Licensing Regulation" means Commission Regulation (EU) No. 805/2011 of 10th August 2011( 5) laying down detailed rules for air traffic controllers' licences and certain certificates pursuant to Regulation (EC) No. 216/2008of the European Parliament and of the Council.

Review

3.-(1) The Secretary of State must from time to time-

(a) carry out a review of Parts 3, 3A, 6, 7, 8, 24 and 25A of the Air Navigation Order 2009( 6) as amended or inserted by this Order,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the EASA Aircrew Regulation and the EASA Air Traffic Controller Licensing Regulation are implemented in other Member States.

(3) The report must in particular-

(a) set out the objectives intended to be achieved by the regulatory system established by this Order,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this article must be published before 10th August 2017.

(5) Reports under this article are afterwards to be published at intervals not exceeding five years.

Amendment of the Air Navigation Order 2009

4. The Air Navigation Order 2009 is further amended as follows.

PART 1

Changes arising from the EASA Aircrew Regulation

5. In article 3 (aircraft to be registered), in paragraph (2), for "50" substitute "50A".

6. In article 29 (circumstances where a certificate of release to service is not required), in paragraph (3)(b), for "granted or rendered valid under this Order" substitute ", which has been granted or rendered valid under this Order or is a Part-FCL licence,".

7. In article 31 (who may issue a certificate of release to service), in paragraph (1)(d), for "a JAR-FCL Airline Transport Pilot Licence (Aeroplane)" substitute "a Part-FCL Airline Transport Pilot Licence (Aeroplane)".

8. For article 50 (requirement for appropriate licence to act as member of flight crew of aircraft registered in United Kingdom) substitute-

"Requirement for appropriate licence to act as member of flight crew of EASA aircraft registered in the United Kingdom

50.

-(1) Subject to paragraph (2), a person must not act as a pilot of an EASA aircraft that is registered in the United Kingdom without holding an appropriate licence granted, converted or rendered valid under the EASA Aircrew Regulation.

(2) A person may act as a pilot of an EASA aircraft without holding an appropriate licence granted, converted or rendered valid under the EASA Aircrew Regulation when undergoing flying training, including solo flying training authorised and supervised by a flight instructor, in accordance with the EASA Aircrew Regulation as amended from time to time.

(3) Subject to the exceptions set out in articles 51, 57 and 59 a person must not act as a flight radiotelephony operator, a flight engineer or a flight navigator of an EASA aircraft that is registered in the United Kingdom without holding an appropriate licence granted or rendered valid under this Order.

Requirement for appropriate licence to act as member of flight crew of non-EASA aircraft registered in the United Kingdom

50A.

-(1) Subject to articles 51 to 60, a person must not act as a member of the flight crew of an aircraft to which this paragraph applies without holding an appropriate licence granted or rendered valid under this Order.

(2) Paragraph (1) applies to any non-EASA aircraft registered in the United Kingdom other than such an aircraft that is referred to in paragraphs (a)(ii), (d) or (h) of Annex II of the Basic EASA Regulation and that is flying for the purpose of commercial air transport (an "excepted aircraft').

(3) A person must not act as a member of the flight crew of an excepted aircraft unless-

(a) the person acts as a flight radiotelephony operator, flight engineer or flight navigator and holds an appropriate licence granted or rendered valid under this Order; or

(b) the person holds an appropriate licence granted, converted or rendered valid under the EASA Aircrew Regulation.

Appropriate licence

50B. An appropriate licence for the purposes of this Part and Schedule 7 means a licence which entitles the holder to perform the functions being undertaken in relation to the aircraft concerned on the particular flight.".

9. In article 52 (flight crew licence requirement - exception for solo flying training)-

(a) in the heading, add at the end "in non-EASA aircraft";

(b) in paragraph (1) for "A person may act as pilot in command of an aircraft" substitute "A person may act as pilot in command of a non-EASA aircraft";

(c) for sub-paragraph (2)(a), substitute-

"(a) the person is at least 16 years of age unless the aircraft is a balloon or a glider, in which case the person must be at least 14 years of age;"; and

(d) in sub-paragraph (2)(f), for "a JAA licence" substitute "a Part-FCL licence".

10. In article 53 (flight crew licence requirement - exception for dual flying training)-

(a) in the heading, add at the end "in non-EASA aircraft";

(b) in paragraph (1) for "A person may act as pilot of an aircraft" substitute "A person may act as pilot of a non-EASA aircraft"; and

(c) in sub-paragraph (2)(b), for "a JAA licence" substitute "a Part-FCL licence".

11. In article 54 (flight crew licence requirement - exception for gyroplanes at night)-

(a) in the heading, after "Exception for" insert "non-EASA";

(b) in paragraph (1) for "A person may act as pilot in command of a gyroplane" substitute "A person may act as pilot in command of a non-EASA gyroplane"; and

(c) in sub-paragraph (2)(b), for "a JAA licence" substitute "a Part-FCL licence".

12. In article 55 (flight crew licence requirement - exception for balloons)-

(a) in the heading, after "Exception for" insert "non-EASA"; and

(b) in paragraph (1) for "A person may act as pilot in command of a balloon" substitute "A person may act as pilot in command of a non-EASA balloon".

13. In article 56 (flight crew licence requirement - exception for pilot undergoing training or tests)-

(a) in the heading, add at the end "in non-EASA aircraft";

(b) in paragraph (1) for "a person may act as pilot of an aircraft" substitute "a person may act as pilot of a non-EASA aircraft"; and

(c) in sub-paragraph (4)(a), after "holds" insert "a Part-FCL licence or".

14. In article 60 (flight crew licence requirement - exception where CAA permission granted)-

(a) in the heading, after "Exception" insert "for non-EASA aircraft"; and

(b) in paragraph (1) for "acting as pilot of an aircraft" substitute "acting as pilot of a non-EASA aircraft".

15. For article 61 (requirement for appropriate licence to act as member of flight crew of aircraft registered elsewhere than in the United Kingdom), substitute-

"Requirement for appropriate licence to act as member of flight crew of non-EASA aircraft registered elsewhere than in the United Kingdom

61.

-(1) Subject to paragraph (2), this article applies to any non-EASA aircraft registered in a country other than the United Kingdom.

(2) This article does not apply to such an aircraft that is referred to in paragraphs (a)(ii), (d) or (h) of Annex II of the Basic EASA Regulation when flying for the purpose of commercial air transport.

(3) A person must not act as a member of the flight crew which must by or under this Order be carried in an aircraft to which this article applies unless-

(a) in the case of a non-EASA aircraft flying for the purpose of commercial air transport, public transport or aerial work, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or

(b) in the case of a non-EASA aircraft on a private flight, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order and the CAA does not give a direction to the contrary.

Requirement for appropriate licence to act as member of flight crew of EASA aircraft and specified non-EASA aircraft registered elsewhere than in the United Kingdom

61A.

-(1) A person must not act as a member of the flight crew which must by or under the EASA Aircrew Regulation as...

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