UK Offence Report

The Air Navigation (Amendment) (No. 2) Order 2003

UK Statutory Instrument 2003 No. 2905 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
13 November 2003
In force from
16 December 2003
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
Schedule 13 to the 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 further amends the Air Navigation Order 2000 (“the ANO”). In addition to minor and drafting amendments (article 11(2), (3) and (4)) the following changes are made. With effect from 1st January 2005 the operator of an aircraft registered in the United Kingdom with a maximum total weight authorised of more than 27,000 kg flying for the purpose of public transport must have a flight data monitoring programme as part of its accident prevention and flight safety programme. EUROCONTROL’s Safety Regulatory Requirement No. 5 requires member states, including the UK, to adopt harmonised licensing and processing procedures for air traffic controllers. This requires the issue of new air traffic controller licences and the revision of the associated regulatory requirements. The person in charge of the provision of an air traffic control service in the United Kingdom must satisfy himself that any person acting as an ‘air traffic controller’ or a ‘student air traffic controller’ holds an appropriate licence and is competent to perform his duties. The privileges of an air traffic controller licence and a student air traffic controller licence are specified. Ratings that may be included in an air traffic controller licence, and associated rating endorsements, and the privileges of those ratings and rating endorsements are specified. The validity of any rating or endorsement included in an air traffic controller’s licence is maintained by including a unit licence endorsement. When a rating ceases to be valid for a particular sector or operational position, the air traffic controller must inform the person in charge of the provision of the air traffic control service. When a rating ceases to be valid for any sector or operational position, or when a person ceases to act as an air traffic controller at a particular unit, he must notify the Civil Aviation Authority and forward his licence for endorsement. An air traffic controller is required to hold a medical certificate. A person who has failed an examination, assessment or test in connection with air traffic controller licensing is not entitled to act in the capacity for which that examination, assessment or test would have qualified him. Only a simulator that has been approved by the Civil Aviation Authority may be used for any examination, assessment, and test or approved training for air traffic controller licensing. Definitions are included for ‘special tasks service’, ‘offshore service’, ‘terminal control service’, ‘air control’ and ‘ground movement control’. References to aerodromes owned or managed by the CAA are omitted. There are no longer any such aerodromes. The commander of an aircraft must report to the Civil Aviation Authority any birdstrike occurrence which occurs whilst the aircraft is in flight within the United Kingdom. Article 118 of the ANO provides that if it appears to the CAA or an authorised person that an aircraft is intended or likely to be flown where any one of a number of specified provisions would be contravened, the aircraft may be detained. By virtue of paragraph 8, there is now included in the list of specified provisions article 65(2). Article 65(2) of the ANO prohibits a member of the crew of an aircraft being on board whilst under the influence of alcohol or a drug. By virtue of section 2 of the Aviation Offences Act 2003 contravention of the endangering provisions at articles 63 and 64 of the ANO is now subject to a maximum penalty of five years. The ANO is amended accordingly. Terrain Awareness and Warning Systems (TAWS) are categorised as Class A or Class B. United Kingdom registered turbine jet and turbine propeller aeroplanes, with: a a maximum total weight authorised exceeding 5,700kg, or b certified to carry more than nine passengers which are not flying for the purposes of public transport, may be equipped with the simplified TAWS Class B equipment instead of TAWS Class A. The compliance date for aeroplanes without Ground Proximity Warning Systems (GPWS) will be 1 January 2005. Aircraft with GPWS installed before 1 April 2000 will be required to have TAWS equipment fitted by 1 January 2007. In article 4 of the ANO there are some references to a “charter” and other references to a “charter by demise”. These are intended to refer to the same thing. For consistency “charter by demise” is now used throughout.

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