The Civil Aviation (Working Time) Regulations 2004

UK Statutory Instrument 2004 No. 756 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 11 March 2004
In force from: 13 April 2004
Extent: Not stated
Subject: Corporate, financial services, company law, employment, charity, electoral and tax
Made under: European Communities Act 1972

Explanatory note

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

These Regulations implement the provisions of Council Directive 2000/79/EC concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Worker’s Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (OJ L 302, 1.12.2000, p. 57). Regulations 5(2), 6, 7(2)(a) and 8 to 10 in these Regulations impose obligations enforceable by the Civil Aviation Authority; failure to comply is an offence. The obligations concern the wrongful disclosure of a health assessment, the maximum annual working time of crew members, the provision or crew members of adequate health and safety protection services and facilities at work along with adequate rest breaks to be given to crew members where work is organised in a certain pattern. Crew members are also entitled to a minimum number of rest days, free from all duties, in every calendar month and year and employers are obliged to provide information on the working patterns of crew members which must be kept for not less than two years. The term crew member is defined in regulation 3. Regulations 4, 5(1), (4) and 7(1) and (2)(b) confer rights on crew members, enforceable by proceedings before employment tribunals. The rights establish a crew members' entitlement to annual leave, a free health assessment prior to starting work and at regular intervals thereafter as well as the right to be moved from night work to more suitable work if that assessment reveals health problems due to working at night. Employers are also obliged to consider adapting a crew member’s work and offering him alternative work if he organises work according to a certain pattern. The remaining regulations make provision for definitions, for medical practitioners to advise employers where an employee is suffering from health problems, for enforcement and remedies (regulations 3, 5(3), 11 to 18). A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Department for Transport, 76 Marsham Street, London SW1P 4DR. Alternatively copies can be obtained from the Department for Transport’s website which is at www.dft.gov.uk. A transposition note has been prepared and copies may be obtained from the Department for Transport, 76 Marsham Street, London SW1P 4DR.

Offences created by this instrument

Any person who fails to comply with any of the relevant requirements shall be guilty of an offence regulation 12(1) · Status not determined · Strict liability
It is an offence for a person— a to contravene any requirement imposed by an inspector under paragraph 2 of Schedule… regulation 12(3) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Civil Aviation Bill Lords · Grand Committee · 9 July 2012 · The Countess of Mar
My Lords first, I apologise if my voice runs out; I have a problem in that direction. In moving Amendment 71, I shall speak to Amendment 72. I suspect that most noble Lords will be aware of my long-held interest in organophosphates—OPs—and, more particularly, those whose health has been damaged by exposure to OPs. This interest stems from my personal experience. At Second Reading I spoke of the method by which the air that pilots, airline crew and passengers breathe is drawn in over the very hot engines of an aeroplane on to which oil may have leaked. This oil, manufactured by one company,…
Retained EU Law (Revocation and Reform) Bill (Third sitting) Commons · Public Bill Committees · 22 November 2022 · Justin Madders
I apologise in advance that this discussion will last longer than that on other amendments. We accept that these amendments would fundamentally change the nature of the Bill, but they would do so in such a way as to create greater transparency and accountability and ensure that Parliament was able to properly fulfil its role in relation to the regulations. I refer to the evidence of the Bar Council, which said: “It is a matter of great public interest that, where it applies, REUL should be as certain as possible. It is also important as a matter of democratic principle—as well as ensuring…
Employment Rights Bill (Twenty First sitting) Commons · Public Bill Committees · 16 January 2025 · Chris Law
I appreciate the comments that have been made in this short debate. Just to be clear, the new clause is about issues that are not currently protected under the Modern Slavery Act 2015 and are often under-reported. I welcome the Minister’s comments about the fair work agency and the recent Low Pay Commission report, but I must ask about the timeframe. My suggestion—I will try to work with him on this—is that the timeframe be six months beyond the passing of the Bill, so that we can get decisions made. Perhaps the Secretary of State could let us know what kind of timeframe we are talking…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2004