UK Offence Report

The Air Navigation (Second Amendment) Order 1991

UK Statutory Instrument 1991 No. 1726 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
24 July 1991
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 1989. The principal changes are: 1 With effect from 1st November 1992, revised requirements are introduced for the marking of nationality and registration marks on aircraft registered in the United Kingdom (article 2(1) and (30)). 2 A certificate of airworthiness is required by a balloon flying on a flight for the purpose of aerial work or public transport (cargo) as well as on a flight for the purposes of public transport of passengers (article 2(3)). 3 With effect from 14th November 1991 six new classes of airspace will replace all existing classifications of airspace in the United Kingdom. The meanings of controlled airspace, control areas and control zones are redefined accordingly. The flight crew licensing and equipment requirements which applied in what was previously controlled airspace will continue to apply in substantially the same form in the same airspace. Imperial measurements have been converted into metric measurements in certain articles. New criteria are introduced for flight in visual meteorological conditions. (Article 2(4), (14), (15), (17), (18), (19), (20), (22), (25), (26), (31), (32), (35), (36), (37) and (39)—(55)). 4 An aircraft commander on a public transport flight must ensure that all passengers and cabin baggage are secured when the aircraft is taxiing (article 2(8)). 5 Certain portions of controlled airspace will be notified as area navigation routes or areas. In order to fly within such a route or area an aircraft must be equipped with approved area navigation equipment which has been installed in an approved manner. When flying within such a route or area an aircraft must navigate by means of that equipment. Apart from such area navigation routes or areas within which the use of approved area navigation equipment is mandatory, certain other routes and areas within controlled airspace will be notified for area navigation purposes. Within this additional notified airspace it is not mandatory for an aircraft to use area navigation equipment. However, if it is navigated by means of area navigation equipment then that equipment must be of an approved type, installed in an approved manner. The approval of equipment, installation and maintenance must be in accordance with the law of the country in which the aircraft is registered. In the case of UK registered aircraft the required approvals must be sought from the Civil Aviation Authority (article 2(9) and (16)). 6 Regulations made by the Secretary of State in connection with the carriage of dangerous goods may confer powers on authorised persons relating to the enforcement of those regulations (article 2(11)). 7 Public transport helicopters with a maximum total weight authorised exceeding 3600kg will no longer be required to have break-in areas indicated by markings on the exterior surfaces of the fuselage (article 2(12)). 8 A person shall not exercise the privileges of an air traffic controller’s licence when under the influence of drink or a drug to such an extent as to impair his capacity so to act (article 2(13) and (56)). 9 Military aircraft means the naval, military or air force aircraft of any country, any aircraft being constructed under a contract entered into by the Secretary of State for the naval, military or air force of any country and any aircraft in respect of which there is in force an appropriate certificate issued by the Secretary of State (article 2(23)). 10 Persons who are entitled to share the costs of ownership of an aircraft in the capacity of co-owner of the aircraft or a shareholder in a company which owns the aircraft must be natural persons (article 2(27) and (28)). 11 The parameters required to be recorded by an approved flight data recorder are varied. They now include cockpit warnings relating the master warning system fitted in the aircraft (article 2(33)). 12 An aircraft need not carry any special communications or navigation equipment on a flight to, from or over Berlin (article 2 (38)).

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