UK Offence Report

The Air Navigation (Fourth Amendment) Order 1988

UK Statutory Instrument 1988 No. 2250 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
21 December 1988
In force from
Not determined
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
Civil Aviation Act 1982

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order amends the Air Navigation Order 1985. The principal changes are: 1 Any required technical log or alternative approved record must be preserved until a date two years after the aircraft to which it relates has been destroyed or permanently withdrawn from use. The Authority may in a particular case permit retention for a shorter period (article 2(1) and (2)). 2 With the permission of the Authority, an aircraft may commence a flight notwithstanding that all the equipment required by the Order to be carried is not carried or is not in a fit condition for use. The commander of an aircraft must reasonably satisfy himself either that all the required equipment is carried and is in a fit condition for use or that he can comply with the conditions of any relevant permission granted by the Authority (article 2(3), (8), (71), (72) and (76)). 3 A person receiving dual instruction for the purpose of obtaining a pilot’s licence or a rating may act as pilot of an aircraft without holding an appropriate licence on an instructional flight in an aircraft fitted with dual controls if he is accompanied in the aircraft by a qualified instructor in accordance with whose instructions he acts (article 2(5)). 4 A person may act as pilot in command of an aircraft on a flight at night without having either an instrument rating or meeting the specified recency requirements provided that he is acting in accordance with the instructions given by a qualified instructor and no person other than that instructor is carried in the aircraft (article 2(5)). 5 A person may act as pilot in command of a balloon on a flight when he does not meet the specified recency requirements provided that he acts in accordance with instructions given by a person authorised by the Authority and no person other than that authorised person is carried in the balloon (article 2(5)). 6 The holder of a Commercial Pilot’s Licence (Balloons) may not exercise the privileges of an aircraft rating contained in the licence unless he has a valid certificate of test or a valid certificate of experience (article 2(6), (67), (68) and (69)). 7 The commander of an aircraft flying for any purpose must brief any passengers being carried as to the position and method of use of safety equipment carried in the aircraft and the action which should be taken in the event of an emergency (article 2(9), (10) and (11)). 8 On flights by aeroplanes of 5,700 kg or less and capable of seating a maximum of ten passengers in respect of which a certificate of airworthiness shall be first issued on or after 1st February 1989 there must be carried for each passenger seat a safety belt with a diagonal shoulder strap or a safety harness. The various provisions relating to safety belts and safety harnesses in paragraph 5 of Schedule 5 are now all included in Scale B (article 2(12), (13), (39), (40), (41), (42), (43), (50), (51), (54), (56) and (57)). 9 Persons organising an exhibition of flying at an event which they reasonably believe will be attended by more than 500 persons must first obtain the permission of the Authority unless it is not reasonably foreseeable seven days before the event that it would be attended by more than 500 persons. The pilot of an aircraft participating in such an exhibition of flying must hold an appropriate display authorisation granted by the Authority. Exhibitions of flying held at aerodromes occupied by the Ministry of Defence or visiting forces will not require permission, but the Authority may impose conditions on a permission relating to the participation of military aircraft in an exhibition of flying on civilian land (article 2(16)). 10 An air traffic controller’s licence is not to be deemed to be suspended on confirmation of the pregnancy of the licence holder (article 2(17)). 11 A public use licence, requiring an aerodrome to be available to all persons on equal terms and conditions, may be granted by the Authority either when requested or when the Authority considers that an aerodrome should be available (article 2(18)). 12 Approvals granted by the Authority relating to aeronautical radio stations and associated recording apparatus may be granted subject to such conditions as the Authority thinks fit (article 2(20) and (22)). 13 The definitions of public transport and aerial work are substantially revised. Provided that certain specified conditions are complied with, the following are no longer treated as public transport flights or aerial work flights (as the case may be). A flight for the purpose of taking part in an aircraft race, contest or exhibition of flying is deemed to be a private flight notwithstanding the payment to the owner or operator of the actual costs of the flight or the award to the pilot of a prize which does not exceed a specified limit. A flight in respect of which the only payment is made to a registered charity and which is carried out with the permission in writing of the Authority will be deemed to be a private flight. A flight on which no more than four persons are carried and who each bear a proportionate share of the actual costs of the flight is deemed to be a private flight. A flight in respect of which the pilot reclaims the actual costs from his employer is deemed to be a private flight. A flight in an aircraft which is jointly owned when the only payment in respect of the flight reflects the actual costs thereof and is paid by one or more of the joint owners to others of the joint owners is deemed to be a private flight for airworthiness as well as all other purposes. A flight in respect of which valuable consideration has been given or promised for the carriage of passengers which flight is for the purpose of dropping persons by parachute and which is carried out in accordance with a written permission granted by the Authority is deemed to be an aerial work flight. A positioning flight made prior to such a parachute dropping flight and the return of the aircraft to its base after such a parachute dropping flight shall also be aerial work flights (article 2(24), (25), (29), (33), (34), (35), (37) and (38)). 14 The general provision that the Order is not to apply to military aircraft is excluded to the extent necessitated by article 2(16) (article 2(23)). 15 The definition of crew is revised. It now includes only members of the flight crew, persons carried for the purpose of testing or inspecting flight crew and cabin attendants.“Passenger” is expressly defined as any person other than a member of the crew (article 2(26), (28) and (32)). 16 The terms“captive balloon” and“free balloon” and the meaning of flight in respect thereof is defined (article 2(27), (30) and (36)). 17 A revised definition of“microlight aeroplane” is introduced. This refers to the maximum total weight authorised of the aeroplane. The effect is to permit slightly larger aeroplanes to come within the definition (article 2(31)). 18 Any aeroplane, helicopter and gyroplane flying for the purpose of the public transport of passengers must carry one megaphone if it is capable of carrying between 20 and 99 (inclusive) passengers, two megaphones if it is capable of carrying between 100 and 199 (inclusive) passengers and three megaphones if it is capable of carrying more than 199 passengers (article 2(44), (52) and (60)). 19 Aeroplanes, helicopters and gyroplanes flying at night for the purpose of the public transport of passengers and which are capable of carrying more than 19 passengers, must be equipped with an emergency lighting system (article 2(47) and (53)). 20 Aeroplanes which are— i certificated in the transport category or for which application for such certification has been made; ii for which an individual certificate of airworthiness was first issued on or after 1st June 1990; iii which are 5,700 kg or more; iv are powered by two or more turbine engines, and v are capable of carrying more than 9 passengers; must, when flying on any flight be equipped with a 15 parameter flight data recorder and a cockpit voice recorder or a combined cockpit voice recorder and flight data recorder capable in either case of recording specified data (article 2(46) and (59)). 21 Aeroplanes certificated in the transport category or for which an application for such certification has been made and for which an individual certificate of airworthiness was first issued on or after 1st June 1990 and which exceed 5,700 kg but not 27,000 kg must, when flying on any flight, be equipped with a 15 parameter flight data recorder capable of recording specified data and a cockpit voice recorder (article 2(46) and (59)). 22 Aeroplanes which exceed 27,000 kg and which are:— i certificated in the transport category or for which an application for such certification has been made and for which an individual certificate of airworthiness was first granted on or after 1st June 1990; or ii certificated in the aerial work or private category and for which an individual certificate of airworthiness was first issued on or after 1st June 1990 must, when flying on any flight, be equipped with a 32 parameter flight data recorder capable of recording specified data and a cockpit voice recorder (article 2(46) and (59)). 23 Aeroplanes powered by one or more turbine jets and first issued with a certificate of airworthiness on or after 1st April 1989 must, on any flight on or after 1st April 1989, be equipped with an altitude alerting system. Aeroplanes powered by one or more turbine jets and first issued with a certificate of airworthiness prior to 1st April 1989 must, on any flight on or after 1st April 1990, be equipped with an altitude alerting system. Aeroplanes of more than 5,700 kg powered by one or more turbine propeller engines and first issued with a certificate of airworthiness on or after 1st April 1989 must, on any flight on or after 1st April 1989, be equipped with an altitude alerting system (article 2(48) and (55)). 24 Aeroplanes which conform to a type first issued with a type certificate on or after 1st April 1978 and with a certificate of airworthiness in the Transport Category (Passenger) and which are capable of carrying more than 19 passengers must, on all flights for the purpose of the public transport of passengers on or after 1st April 1991, be equipped with a public address system and an interphone system of communication between members of the flight crew and the cabin attendants. Aeroplanes which conform to a type first issued with a type certificate between 1st April 1968 and 31st March 1978 (inclusive) and with a certificate of airworthiness in the Transport Category (Passenger) and which are capable of carrying more than 19 passengers must, on all flights for the purpose of the public transport of passengers on or after 1st April 1992, be equipped with a public address system and an interphone system of comunication between members of the flight crew and the cabin attendants. Aeroplanes which conform to a type first issued with a type certificate before 1st April 1968 and with a certificate of airworthiness in the Transport Category (Passenger) and which are capable of carrying more than 19 passengers must, on all flights for the purpose of the public transport of passengers on or after 1st April 1993, carry a public address system and an interphone system of communication between members of the flight crew and the cabin attendants (article 2(49) and (60)). 25 The holder of a Basic Commercial Pilot’s Licence (Aeroplanes) which licence includes a flying instructor’s rating or an assistant flying instructor’s rating may now only carry out instructional flights or conduct flying tests which consist of aerial work and receive remuneration for such flights when he does not have the specific type of aircraft endorsed in Part I of the aircraft rating in the licence subject to certain conditions. The conditions are; first that the type is specified in the instructor’s rating; secondly that he is entitled to fly the aircraft pursuant to his private privileges and thirdly that the instruction in flying is carried out under the auspices of a club of which both the instructor and trainee are members. The holder of a Commercial Pilot’s Licence (Aeroplanes) now has similar privileges (article 2(61) and (62)). 26 The holder of a Private Pilot’s Licence (Balloons and Airships) may not exercise the privileges of his licence unless he has within the preceding thirteen months carried out as pilot in command five free flights each of not less than five minutes duration (article 2(63)). 27 The maximum period of validity of the Commercial Pilot’s Licence (Balloons) is extended to ten years. The maximum period of validity of the Commercial Pilot’s Licence (Gliders) is extended to ten years (article 2(64) and (66)). 28 The holder of a Commercial Pilot’s Licence (Balloons) may not act as pilot in command on a flight for the purpose of public transport of passengers unless he has within the preceding ninety days carried out three free flights each of not less than five minutes duration (article 2(65)). 29 An operations manual must include information and instructions relating to the transport of dangerous goods, whether carried within or suspended beneath an aircraft and the action to be taken in the event of emergencies arising involving dangerous goods (article 2(70)). 30 On any international flight, an aeroplane must carry a copy of the procedures to be followed and the visual signals to be used when an aircraft is intercepted (article 2(73), (74), (75) and (76)).

Offences created by this instrument

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