The Air Navigation Order 1989

• (iii) during any period when the aircraft is flying above flight level 100 oxygen is used by all the flight crew of the aircraft:

Provided that he need not comply with the provisions of this sub-paragraph (f) if he complies instead with the provisions of sub-paragraph (e) of this article.

Operation of radio in aircraft

38

• (1) The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under that law.

• (2) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft:

Provided that:

• (a) the radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits; and

• (b) the watch may be kept by a device installed in the aircraft if:

• (i) the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and

• (ii) that station is notified, or in the case of station situated in a country other suitable for that purpose.

• (3) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he may be instructed by the appropriate air traffic control unit or as may be notified in relation to any notified airspace in which the aircraft is flying.

• (4) The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows:

• (a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;

• (b) distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;

• (c) messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; and

• (d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1) of this article.

• (5) In every aircraft registered in the United Kingdom which is equipped with radio communications apparatus a telecommunication log book shall be kept in which the following entries shall be made:

• (a) the identification of the aircraft radio station;

• (b) the date and time of the beginning and end of every radio watch maintained in the aircraft and of the frequency on which it was maintained;

• (c) the date and time, and particulars of all messages and signals sent or received, including in particular details of any distress signals or distress messages sent or received;

• (d) particulars of any action taken upon the receipt of a distress signal or distress message; and

• (e) particulars of any failure or interruption of radio communications and the cause thereof:

Provided that a telecommunication log book shall not be required to be kept in respect of communication by radiotelephony with a radio station on land or on a ship which provides a radio service for aircraft.

• (6) The flight radio operator maintaining radio watch shall sign the entries in the telecommunication log book indicating the times at which he began and ended the maintenance of such watch.

• (7) The telecommunication log book shall be preserved by the operator of the aircraft until a date 6 months after the date of the last entry therein.

• (8) In any flying machine registered in the United Kingdom which is engaged on a flight for the purpose of public transport the pilot and the flight engineer (if any) shall not make a use of a hand-held microphone (whether for the purpose of radio communication or of intercommunication within the aircraft) whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing.

Minimum navigation performance

39

• (1) An aircraft registered in the United Kingdom shall not fly in airspace prescribed for the purposes of this article unless:

• (a) it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability;

• (b) the navigation systems required by paragraph (a) hereof are approved by the Authority and installed and maintained in a manner approved by the Authority;

• (c) the operating procedures for the navigation systems required by paragraph (a) hereof are approved by the Authority; and

• (d) the equipment is operated in accordance with the approved procedures while the aircraft is flying in the said airspace.

• (2) An approval granted by the Authority for the purposes of this article shall be in writing and may be subject to such conditions as the Authority thinks fit.

Use of flight recording systems and preservation of records

40

• (1) On any flight on which a flight data recorder or a cockpit voice recorder or a combined cockpit voice recorder/flight data recorder is required by sub-paragraphs 4(4), (5), (6) or (7) of Schedule 4 to this Order to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of the landing run.

• (2) The operator of the aeroplane shall at all times, subject to the provisions of article 65 of this Order, preserve:

• (a) the last 25 hours of recording made by any flight data recorder required by or under this Order to be carried in an aeroplane; and

• (b) a record of not less than one representative flight. that is to say, a recording of a flight made within the last 12 months which includes a take-off, climb, cruise, descent, approach to landing and landing, together with a means of identifying the record with the flight to which it relates;

and shall preserve such records for such period as the Authority may in a particular case direct.

• (3) On any flight on which a cockpit voice recorder or a flight data recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 4(14) of Schedule 4 to this Order to be carried in a helicopter, it shall always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped.

• (4) The operator of the helicopter shall at all times, subject to article 65 of this Order, preserve:

• (a) the last 8 hours of recording made by any flight data recorder specified at sub-paragraph (i) or (ii) of Scale 55 of paragraph 5 of Schedule 4 to this Order and required by or under this Order to be carried in the helicopter;

• (b) in the case of a combined cockpit voice recorder/flight data recorder specified at sub-paragraph (iii) of the said Scale 55 and required by or under this Order to be carried in a helicopter either:

• (i) the last 8 hours of recording; or

• (ii) the last 5 hours of recording or the duration of the last flight, whichever is the greater, together with an additional period of recording for either:

• (aa) the period immediately preceding the recording required to be retained pursuant to sub-paragraph (b)(ii) above; or

• (bb) such period or periods as the Authority may permit in any particular case or class of cases or generally.

• (5) The additional recording retained pursuant to sub-paragraphs (b)(ii)(aa) and (bb) above shall, together with the recording required to be retained pursuant to sub-paragraph (b)(ii) above, total a period of 8 hours and shall be retained in accordance with arrangements approved by the Authority.

• (6) An approval granted by the Authority for the purposes of this article shall be in writing and may be subject to such conditions as the Authority thinks fit.

Towing of gliders

41

• (1) An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which that aircraft is registered includes an express provision that it may be used for that purpose.

• (2) The length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 metres.

• (3) The commander of an aircraft which is about to tow a glider shall satisfy himself before the towing aircraft takes off:

• (a) that the tow rope is in good condition and is of adequate strength for the purpose, and that the combination of towing aircraft and glider, having regard to its performance in the conditions to be expected on the intended flight and to any obstructions at the place of departure and on the intended route, is capable of safely taking off, reaching and maintaining a safe height at which to separate the combination and that thereafter the towing aircraft can make a safe landing at the place of intended destination;

• (b) that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; and

• (c) that emergency signals have been agreed between the commander of the towing aircraft and the commander of the glider, to be used, respectively, by the commander of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the commander of the glider to indicate that the tow cannot be released.

• (4) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.

Towing, picking up and raising of persons and articles

42

• (1) Subject to the provisions of this article, an aircraft in flight shall not, by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose.

• (2) An aircraft shall not launch or pick up tow ropes, banners or similar articles other than at an aerodrome.

• (3) An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than one nautical mile.

• (4) The length of the combination of towing aircraft, tow rope, and article in tow, shall not exceed 150 metres.

• (5) A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when any article, person or animal is suspended from the helicopter.

• (6) A passenger shall not be carried in a helicopter at any time when an article, person or animal is suspended therefrom, other than a passenger who has duties to perform in connection with the article, person or animal or a passenger who has been picked up or raised by means external to the helicopter or a passenger who it is intended shall be lowered to the surface by such means.

• (7) Nothing in this article shall:

• (a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purposes, or any signal, apparatus or article required or permitted by or under this Order to be towed or displayed by an aircraft in flight;

• (b) prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life;

• (c) apply to any aircraft while it is flying in accordance with the “B Conditions” set forth in Schedule 2 to this Order; or

• (d) be taken to permit the towing or picking up of a glider otherwise than in accordance with article 4l of this Order.

Dropping of articles and animals

43

• (1) Articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.

• (2) Except under and in accordance with the terms of an aerial application certificate granted under article 45 of this Order, articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft flying over the United Kingdom:

Dropping persons

44

• (1) A person shall not drop, be dropped or permitted to drop to the surface or jump from an aircraft flying over the United Kingdom except under and in accordance with the terms of a written permission granted by the Authority under this article.

• (2) For the purposes of this article dropping includes projecting and lowering.

• (3) Notwithstanding the grant of a permission under paragraph (1) of this article, a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.

• (4) An aircraft shall not be used for the purpose of dropping persons unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose and the aircraft is operated in accordance with the written permission granted by the Authority under this article.

• (5) Every applicant for and every holder of a permission shall make available to the Authority if requested to do so a parachuting manual and shall make such amendments or additions to such manual as the Authority may require. The holder of a permission shall make available to every employee or person who is or may engage in parachuting activities conducted by him the manual which shall contain all such information and instructions as may be necessary to enable such employees or persons to perform their duties.

• (6) Nothing in this article shall apply to the descent of persons by parachute from an aircraft in an emergency.

• (7) Nothing in this article shall prohibit the lowering of any person in an emergency or for the purpose of saving life.

• (8) Nothing in this article shall prohibit the lowering of any person from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.

Issue of aerial application certificates

45

• (1) An aircraft shall not be used for the dropping of articles for the purposes of a agriculture, horticulture or forestry or for training for the dropping of articles for any of such purposes, otherwise than under and in accordance with the terms of an aerial application certificate granted to the operator of the aircraft under paragraph (2) of this article.

• (2) The Authority shall grant to any person applying therefor an aerial application certificate if it is satisfied that that person is a fit person to hold the certificate and is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing and other arrangements, to secure the safe operation of the aircraft specified in the certificate on flights for the purposes specified in paragraph (1) of this article. The certificate may be granted subject to such conditions as the Authority thinks fit including without prejudice to the generality of the foregoing, conditions for ensuring that the aircraft and any article dropped from it do not endanger persons or property in the aircraft or elsewhere. and shall, subject to the provisions of article 66 of this Order, remain in force for the period specified in the certificate.

• (3) Every applicant for and holder of an aerial application certificate shall make available to the Authority upon application and to every member of his operating staff upon the certificate being granted, an aerial application manual which shall contain all such information and instructions as may be necessary to enable the operating staff to a perform their duties as such. The holder of a certificate shall make such amendments of or additions to the manual as the Authority may require.

• (4) For the purposes of this article “operating staff” has the meaning ascribed to it in article 26(4) of this Order.

Carriage of weapons and of munitions of war

46

• (1) An aircraft shall not carry any munition of war unless:

• (a) such munition of war is carried with the written permission of the Authority and in accordance with any conditions relating thereto; and

• (b) the commander of an aircraft is informed in writing by the operator before the flight commences of the type, weight or quantity and location of any such munition of war on board or suspended beneath the aircraft and any conditions of the permission of the Authority.

• (2) Notwithstanding paragraph (1) of this article it shall be unlawful for an aircraft to carry any weapon or munition of war in any compartment or apparatus to which passengers have access.

• (3) It shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any weapon or munition of war unless:

• (a) the weapon or munition of war:

• (i) is either part of the baggage of a passenger on the aircraft or consigned as cargo to be carried thereby;

• (ii) is carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers; and

• (iii) in the case of a firearm, is unloaded;

• (b) particulars of the weapon or munition of war have been furnished by that passenger or by the consignor to the operator before the flight commences; and

• (c) without prejudice to paragraph (1) of this article the operator consents to the carriage of such weapon or munition of war by the aircraft.

• (4) Nothing in this article shall apply to any weapon or munition of war taken or carried on board an aircraft registered in a country other than the United Kingdom, if the weapon or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

• (5) For the purposes of this article a “munition of war” means any weapon, ammunition or article containing an explosive or any noxious liquid, gas or other thing which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article.

Carriage of dangerous goods

47

• (1) Without prejudice to any other provisions of this Order, the Secretary of State may make regulations prescribing:

• (a) the classification of certain articles and substances as dangerous goods;

• (b) the categories of dangerous goods which an aircraft may not carry;

• (c) the conditions which apply to the loading on, suspension beneath and carriage by an aircraft of dangerous goods;

• (d) the manner in which dangerous goods must be packed, marked, labelled and consigned before being loaded on, suspended beneath or carried by an aircraft;

• (e) any other provisions for securing the safety of aircraft and any apparatus attached thereto, and the safety of persons and property on the surface in relation to the loading on, suspension beneath or carriage by an aircraft of dangerous goods;

• (f) the persons to whom information about the carriage of dangerous goods must be provided; and

• (g) the documents relating to the carriage of dangerous goods by an aircraft which must be produced to the Authority or an authorised person on request.

• (2) It shall be an offence to contravene or permit the contravention of or fail to comply with any regulations made hereunder.

• (3) The provisions of this article and of any regulations made thereunder shall be additional to and not in derogation from the provisions of article 46 of this Order.

Method of carriage of persons

48

A person shall not be in or on any part of an aircraft in flight which is not a part designed for the accommodation of persons and in particular a person shall not be on the wings or undercarriage of an aircraft. A person shall not be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight:

Exits and break-in markings

49

• (1) This article shall apply to every public transport aircraft registered in the United Kingdom.

• (2) Whenever an aircraft to which this article applies is carrying passengers, every exit therefrom and every internal door in the aircraft shall be in working order, and during take-off and landing and during any emergency, every such exit and door shall be kept free of obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers:

Provided that:

• (a) an exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Authority either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers;

• (b) a door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the commander of the aircraft so determines, for the purpose of preventing access by passengers to the flight crew compartment; and

• (c) nothing in this paragraph shall apply to any internal door which is so placed that it cannot prevent, hinder or delay the exit of passengers from the aircraft in an emergency if it is not in working order.

• (3) Every exit from the aircraft shall be marked with the words “Exit” or “Emergency Exit” in capital letters.

• (4)

• (a) Every exit from the aircraft shall be marked with instructions in English and with diagrams, to indicate the correct method of opening the exit.

• (b) The markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it is openable from the outside of the aircraft, on or near the exterior surface.

• (5)

• (a) Every aircraft to which this article applies, being an aircraft of which the maximum total weight authorised exceeds 3600kg., shall be marked upon the exterior surface of its fuselage with markings to show the areas (in this paragraph referred to as “break-in areas”) which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.

• (b) The break-in areas shall be rectangular in shape and shall be marked by right-angled corner markings, each arm of which shall be 10 centimetres in length along its outer edge and 2.5 centimetres in width.

• (c) The words “Cut Here in Emergency” shall be marked across the centre of each break-in area in capital letters.

• (6) On every flight by an aircraft to which this article applies, being an aircraft of which the maximum total weight authorised exceeds 5700kg. every exit from such an aircraft intended to be used by passengers in an emergency shall be marked upon the exterior of the aircraft by a band not less than 5 centimetres in width outlining the exit.

• (7) The markings required by this article shall:

• (a) be painted, or affixed by other equally permanent means;

• (b) except in the case of the markings required by paragraph (6) of this article, be red in colour, and in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white or some other contrasting colour in such a manner as to render them readily visible;

• (c) in the case of the markings required by paragraph (6) of this article, be of a colour clearly contrasting with the background on which it appears; and

• (d) be kept at all times clean and unobscured.

• (8) If one, but not more than one, exit from an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this article shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced:

Provided that:

• (a) the number of passengers carried and the position of the seats which they occupy is in accordance with arrangements approved by the Authority either in relation to the particular aircraft or to a class of aircraft; and

• (b) in accordance with arrangements so approved, the exit is fastened by locking or otherwise, the words “Exit” or “Emergency Exit” are covered, and the exit is marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the words “No Exit” in red letters.

Endangering safety of an aircraft

50

A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein.

Endangering safety of any person or property

51

A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property.

Drunkenness in aircraft

52

• (1) A person shall not enter any aircraft when drunk, or be drunk in any aircraft.

• (2) A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act.

Smoking in aircraft

53

• (1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in the United Kingdom so as to be visible from each passenger seat therein.

• (2) A person shall not smoke in any compartment of an aircraft registered in the United Kingdom at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.

Authority of commander of aircraft

54

Every person in an aircraft registered in the United Kingdom shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

Stowaways

55

A person shall not secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander thereof or of any other person entitled to give consent to his being carried in the aircraft.

Exhibitions of flying

56

• (1) No person shall act as the organiser of an exhibition of flying (in this article referred to as “the exhibit1on organiser”) at an organised event which event the exhibition organiser reasonably believes is likely to be attended by more than 500 persons and which event consists wholly or partly of an exhibition of flying unless at the time at which such an exhibition of flying commences the exhibition organiser has obtained the permission in writing of the Authority under paragraph (4) of this article for that exhibition of flying and complies with any conditions therein specified:

PART VI — FATIGUE OF CREW

Application and interpretation of Part VI

57

• (1) Articles 58 and 59 of this Order apply in relation to any aircraft registered in the United Kingdom which is either:

• (a) engaged on a flight for the purpose of public transport; or

• (b) operated by an air transport undertaking:

Fatigue of crew—operator’s responsibilities

58

• (1) The operator of an aircraft to which this article applies shall not cause or permit that aircraft to make a flight unless:

• (a) he has established a scheme for the regulation of flight times for every person flying in that aircraft as a member of its crew;

• (b) the scheme is approved by the Authority subject to such conditions as it thinks fit;

• (c) either:

• (i) the scheme is incorporated in the operations manual required by article 26 of this Order; or

• (ii) in any case where an operations manual is not required by that article, the scheme is incorporated in a document, a copy of which has been made available to every person flying in that aircraft as a member of its crew; and

• (d) he has taken all such steps as are reasonably practicable to ensure that the provisions of the scheme will be complied with in relation to every person flying in that aircraft as a member of its crew.

• (2) The operator of an aircraft to which this article applies shall not cause or permit any person to fly therein as a member of its crew if he knows or has reason to believe that the person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue while he is so flying as may endanger the safety of the aircraft or of its occupants.

• (3) The operator of an aircraft to which this article applies shall not cause or permit any person to fly therein as a member of its flight crew unless the operator has in his possession an accurate and up-to-date record in respect of that person and in respect of the 28 days immediately preceding the flight showing:

• (a) all his flight times; and

• (b) brief particulars of the nature of the functions performed by him in the course of his flight times.

• (4) The record referred to in paragraph (3) of this article shall, subject to the provisions of article 65, be preserved by the operator of the aircraft until a date 12 months after the flight referred to in that paragraph.

Fatigue of crew—responsibilities of crew

59

• (1) A person shall not act as a member of the crew of an aircraft to which this article applies if he knows or suspects that he is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants.

• (2) A person shall not act as a member of the flight crew of an aircraft to which this article applies unless he has ensured that the operator of the aircraft is aware of his flight times during the period of 28 days preceding the flight.

Flight times—responsibilities of flight crew

60

A person shall not act as a member of the flight crew of an aircraft registered in the United Kingdom if at the beginning of the flight the aggregate of all his previous flight times:

• (a) during the period of 28 consecutive days expiring at the end of the day on which the flight begins exceeds 100 hours; or

• (b) during the period of twelve months expiring at the end of the previous month exceeds 900 hours:

PART VII — DOCUMENTS AND RECORDS

Documents to be carried

61

• (1) An aircraft shall not fly unless it carries the documents which it is required to carry under the law of the country in which it is registered.

• (2) An aircraft registered in the United Kingdom shall, when in flight, carry documents in accordance with Schedule 11 to this Order:

Records to be kept

62

The operator of a public transport aircraft registered in the United Kingdom shall, in respect of any flight by that aircraft during which it may fly at an altitude of more than 49000ft., keep a record in a manner prescribed of the total dose of cosmic radiation to which the aircraft is exposed during the flight together with the names of the members of the crew of the aircraft during the flight.

Production of documents and records

63

• (1) The commander of an aircraft shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person:

• (a) the certificates of registration and airworthiness in force in respect of the aircraft;

• (b) the licences of its flight crew; and

• (c) such other documents as the aircraft is required by article 61 of this Order to carry when in flight.

• (2) The operator of an aircraft registered in the United Kingdom shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents or records as may have been requested by that person being documents or records which are required, by or under this Order, to be in force to be carried, preserved or made available:

• (a) the documents referred to in Schedule 11 to this Order as Documents A, B and G;

• (b) the aircraft log book, engine log books and variable pitch propeller log books required under this Order to be kept;

• (c) the weight schedule, if any, required to be preserved under article 17 of this Order;

• (d) in the case of a public transport aircraft or aerial work aircraft, the documents referred to in Schedule 11 to this Order as Documents D, E, F and H;

• (e) any records of flight times, duty periods and rest periods which he is required by article 58(4) of this Order to preserve, and such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate;

• (f) any such operations manuals as are required to be made available under article 26(2)(a)(i) of this Order;

• (g) the record made by any flight data recorder required to be carried by or under this Order; or

• (h) the record made from any cosmic radiation detection equipment together with the record of the names of the members of the crew of the aircraft which are required to be kept under article 62 of this Order.

• (3)

• (a) The holder of a licence granted or rendered valid under this Order shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person his licence, including any certificate of validation. The requirements of this paragraph shall be deemed to have been complied with, except in relation to licences required by article 61 of this Order to be carried in the aircraft or kept at an aerodrome, if the licence requested is produced within 5 days after the request has been made at a police station in the United Kingdom specified, at the time of the request, by the person to whom the request is made.

• (b) The foregoing provisions of this paragraph shall apply to a medical certificate issued pursuant to article 20(1)(b)(ii) of this Order as they apply to a licence granted or rendered valid under this Order.

• (4) Every person required by article 23 of this Order to keep a personal flying log book shall cause it to be produced within a reasonable time to an authorised person after being requested to do so by him within 2 years after the date of the last entry therein.

Power to inspect and copy documents and records

64

An authorised person shall have the power to inspect and copy any certificate, licence, log book, document or record which he has the power pursuant to this Order and any regulations made thereunder to require to be produced to him.

Preservation of documents, etc.

65

A person required by this Order to preserve any document or record by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his personal representative:

Revocation, suspension and variation of certificates, licences and other documents

66

• (1) Subject to paragraph (4) of this article the Authority may, if it thinks fit, provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under this Order, pending inquiry into or consideration of the case. The Authority may, on sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.

• (2) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the Authority within a reasonable time after being required to do so by the Authority.

• (3) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a licence issued in respect of an aerodrome, has been granted or issued, or which has effect under this Order shall, in the absence of provision to the contrary in the document, render the document invalid during the continuance of the breach.

• (4) The provisions of article 67 of this Order shall have effect, in place of the provisions of this article, in relation to permits to which that article applies.

• (5) Notwithstanding paragraph (1) of this article, a flight manual, performance schedule or other document incorporated by reference in the certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Authority, whether or not after due inquiry.

Revocation, suspension or variation of permissions, etc. granted under article 88 or article 92

67

• (1) Subject to the provisions of this article, the Secretary of State may revoke, suspend or vary any permit to which this article applies.

• (2) Save as provided by paragraph (3) of this article, the Secretary of State may exercise his powers under paragraph (1) only after notifying the permit-holder of his intention to do so and after due consideration of the case.

• (3) If, by reason of the urgency of the matter, it appears to the Secretary of State to be necessary for him to do so. he may provisionally suspend or vary a permit to which this article applies without complying with the requirements of paragraph (2) of this article; but he shall in any such case, comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either:

• (a) revoke the provisional Suspension or variation of the permit; or

• (b) substitute therefor a definitive revocation, suspension or variation, which, if a definitive Suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be in the same or different terms as the provisional variation (if any).

• (4) The powers vested in the Secretary of State by paragraph (1) or paragraph (3) of this article may be exercised by him whenever, in his judgement and whether or not by reason of anything done or omitted to be done by the permit-holder or otherwise connected with the permit-holder, it is necessary or expedient that the permit-holder should not enjoy, or should no longer enjoy, the rights conferred on him by a permit to which this article applies or should enjoy them subject to such limitations or qualifications as the Secretary of State may determine. In particular, and without prejudice to the generality of the foregoing, the Secretary of State may exercise his said powers if:

• (a) it appears to him that the person to whom the permit was granted has committed a breach of any condition to which it is subject;

• (b) it appears to him that any agreement between Her Majesty’s Government in the United Kingdom and the Government of any other country in pursuance of which or in reliance on which the permit was granted is no longer in force or that that other Government has committed a breach thereof,

• (c) it appears to him that the person to whom the permit was granted, or such other Government as aforesaid (that is to say, a Government which is a party to such an agreement as aforesaid with Her Majesty’s Government in the United Kingdom), or the aeronautical authorities of the country concerned, have acted in a manner which is inconsistent with or prejudicial to the operation in good faith, and according to its object and purpose, of any such agreement as aforesaid, or have engaged in unfair, discriminatory or restrictive practices to the prejudice of the holder of an Air Transport Licence granted under section 65 of the Civil Aviation Act 1982[^f00011] in his operation of air services to or from points in the country concerned; and

• (d) it appears to him that the person to whom the permit was granted, having been granted it as a person designated by the Government of a country other than the United Kingdom for the purposes of any such agreement as aforesaid, is no longer so designated or that that person has so conducted himself, or that such circumstances have arisen in relation to him, as to make it necessary or expedient to disregard or qualify the consequences of his being so designated.

• (5) The permit-holder or any person having the possession or custody of any permit which has been revoked, suspended or varied under this article shall surrender it to the Secretary of State within a reasonable time of being required by him to do so.

• (6) The breach of any condition subject to which any permit to which this article applies has been granted shall render the permit invalid during the continuance of the breach.

• (7) The permits to which this article applies are permissions granted by the Secretary of State under article 88 or article 92 of this Order and any approvals or authorisations of, or consents to, any matter which the Secretary of State has granted, or is deemed to have granted, in pursuance of a permission which he has so granted.

• (8) References in this article to the “permit-holder” are references to the person to whom any permit to which this article applies has been granted or is deemed to have been granted.

Offences in relation to documents and records

68

• (1) A person shall not with intent to deceive:

• (a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under this Order which has been forged, altered, revoked or suspended, or to which he is not entitled;

• (b) lend any certificate, licence, approval, permission, exemption or other document issued or having effect or required by or under this Order to, or allow it to be used by, any other person; or

• (c) make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, licence, approval, permission or exemption or other document;

and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy thereof.

• (2) A person shall not intentionally damage, alter or render illegible any log book or other record required by or under this Order to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under this Order to be preserved.

• (3) All entries made in writing in any log book or record referred to in paragraph (2) of this article shall be made in ink or indelible pencil.

• (4) A person shall not knowingly make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet.

• (5) A person shall not purport to issue any certificate for the purposes of this Order or the regulations made thereunder unless he is authorised to do so under this Order.

• (6) A person shall not issue any such certificate as aforesaid unless he has satisfied himself that all statements in the certificate are correct.

PART VIII — CONTROL OF AIR TRAFFIC

Rules of the air and air traffic control

69

• (1) Without prejudice to any other provision of this Order, the Secretary of State may make regulations (hereinafter referred to in this Order as the Rules of the Air and Air Traffic Control) prescribing:

• (a) the manner in which aircraft may move or fly including in particular provision for requiring aircraft to give way to military aircraft;

• (b) the lights and other signals to be shown or made by aircraft or persons;

• (c) the lighting and marking of aerodromes;

• (d) the air traffic control services to be provided at aerodromes; and

• (e) any other provisions for securing the safety of aircraft in flight and in movement and the safety of persons and property on the surface.

• (2) Subject to the provisions of paragraph (3) of this article, it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air and Air Traffic Control.

• (3) It shall be lawful for the Rules of the Air and Air Traffic Control to be departed from to the extent necessary:

• (a) for avoiding immediate danger;

• (b) for complying with the law of any country other than the United Kingdom within which the aircraft then is; or

• (c) for complying with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State in relation to an aircraft of which the commander is acting as such in the course of his duty as a member of any of Her Majesty’s naval, military or air forces.

• (4) If any departure from the Rules of the Air and Air Traffic Control is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Authority.

• (5) Nothing in the Rules of the Air and Air Traffic Control shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.

Licensing of air traffic controllers, student air traffic controllers and aerodrome flight information service officers

70

• (1) The Authority shall grant a licence subject to such conditions as it thinks fit to any person to act as an air traffic controller, as a student air traffic controller, or as an aerodrome flight information service officer upon its being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Authority may require of him:

Provided that the Authority shall not grant:

• (a) a student air traffic controller’s licence or an aerodrome flight information service officer’s licence to a person under the age of 18 years;

• (b) an air traffic controller’s licence which includes an aerodrome control rating, an approach control rating or an area control rating, to a person under the age of 20 years; or

• (c) an air traffic controller’s licence which includes any other rating, to a person under the age of 21 years.

• (2) Every licence to act as an air traffic controller shall include:

• (a) ratings of one or more of the classes set forth in Schedule 9 to this Order specifying the type of air traffic control service which the holder of the licence is competent to provide;

• (b) a list of the places at which he may provide the service; and

• (c) the type of radar equipment, if any, with the aid of which he may provide the service.

If throughout any period of 90 days, the holder of the licence has not at any time provided at a particular place the type of air traffic control service specified in the rating, the rating shall, without prejudice to the Authority’s powers under article 66 of this Order, cease to be valid for that place at the end of that period, and upon a rating ceasing to be valid for a place the holder of the licence shall forthwith inform the Authority to that effect and shall forward the licence to the Authority to enable it to be endorsed accordingly.

• (3) Every licence to act as a student air traffic controller shall be valid only for the purpose of authorising the holder to provide air traffic control service under the supervision of another person who is present at the time and who is the holder of a valid air traffic controller’s licence which includes a rating specifying the type of air traffic control service which is being provided by the student air traffic controller and valid at the place in question.

• (4) Every licence to act as an aerodrome flight information service officer shall be valid only for the purpose of authorising the holder to provide an aerodrome flight information service at an aerodrome specified in the licence. If, throughout any period of 180 days the holder of the licence has not at any time provided such a service at a particular aerodrome, the licence shall cease to be valid for that aerodrome at the end of that period.

• (5) A licence to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.

• (6) Subject to the provisions of article 66 of this Order, a licence to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer shall remain in force for the period indicated in the licence and may be renewed by the Authority from time to time, upon its being satisfied that the applicant is a fit person and is qualified as aforesaid. If no period is indicated in the licence, it shall remain in force, subject as aforesaid for the lifetime of the holder.

• (7) Every applicant for and holder of an air traffic controller’s licence or a student air traffic controller’s licence shall upon such occasions as the Authority may require:

• (a) submit himself to medical examination by a person approved by the Authority either generally or in a particular case who shall make a report to the Authority in such form as the Authority may require; and

• (b) submit himself to such examinations and tests and furnish such evidence as to his knowledge, experience, competence and skill, as the Authority may require and such examinations and tests may be conducted by the Authority or by a person approved by the Authority.

• (8) Every applicant for and holder of an aerodrome flight information service officer’s licence shall upon such occasions as the Authority may require, subject himself to such examinations and tests and furnish such evidence as to his knowledge, experience, competence and skill as the Authority may require and such examinations and tests may be conducted by the Authority or by a person approved by the Authority.

• (9) On the basis of the medical examination referred to in paragraph (7) of this article, the Authority or any person approved by it as competent to do so may issue a medical certificate subject to such conditions as it or he thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to article 73 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.

• (10) The holder of an air traffic controller’s licence or a student air traffic controller’s licence shall not provide any type of air traffic control service at any such aerodrome or place as is referred to in article 71(1) of this Order unless his licence includes a medical certificate issued and in force under paragraph (9) of this article.

Prohibition of unlicensed air traffic controllers, student air traffic controllers and aerodrome flight information service officers

71

• (1) A person shall not provide at any place any type of air traffic control service or an aerodrome flight information service or hold himself out, whether by use of a radio call sign or in any other way, as a person who may provide any type of air traffic control service or an aerodrome flight information service unless:

• (a) in the case of an air traffic control service, he is the holder of, and complies with the terms of:

• (i) a valid student air traffic controller’s licence granted under this Order and he is supervised in accordance with article 70(3) of this Order;

• (ii) a valid air traffic controller’s licence so granted authorising him to provide that type of service at that place; or

• (iii) a valid air traffic controller’s licence so granted which does not authorise him to provide that type of service at that place, but he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller’s licence so granted which authorises him to provide at that place the type of air traffic control service which is being provided; or

• (b) in the case of an aerodrome flight information service, he is the holder of and complies with the terms of an aerodrome flight information service officer’s licence granted under this Order authorising him to provide such a service at that place:

Flight Information Service Manual

72

A person shall not provide an aerodrome flight information service at any aerodrome unless:

• (a) the service is provided in accordance with the standards and procedures specified in an aerodrome information service manual in respect of that aerodrome;

• (b) the manual is produced to the Authority within a reasonable time after a request for its production is made by the Authority; and

• (c) such amendments or additions have been made to the manual as the Authority may from time to time require.

Incapacity of air traffic controllers

73

• (1) Every holder of an air traffic controller’s licence granted under article 70 of this Order who:

• (a) suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 20 consecutive days; or

• (b) in the case of a woman, has reason to believe that she is pregnant;

shall inform the Authority in writing of such injury, illness or pregnancy as soon as possible.

• (2) An air traffic controller’s licence shall be deemed to be suspended upon the elapse of such period of injury or illness as is referred to in paragraph (1)(a) of this article. The suspension of the licence shall cease:

• (a) upon the holder being medically examined under arrangements made by the Authority and pronounced fit to resume his functions under the licence; or

• (b) upon the Authority exempting the holder from the requirement of a medical examination subject to such conditions as the Authority may think fit.

Power to prohibit or restrict flying

74

• (1)

• (a) Where the Secretary of State deems it necessary in the public interest to restrict or prohibit flying by reason of:

• (i) the intended gathering or movement of a large number of persons;

• (ii) the intended holding of an aircraft race or contest or of an exhibition of flying; or

• (iii) national defence or any other reason affecting the public interest;

the Secretary of State may make regulations prohibiting, restricting or imposing conditions oh flight:

• (aa) by any aircraft, whether or not registered in the United Kingdom, in any airspace over the United Kingdom or in the neighbourhood of an offshore installation; and

• (bb) by aircraft registered in the United Kingdom, in any other airspace, being airspace in respect of which Her Majesty’s Government in the United Kingdom has in pursuance of international arrangements undertaken to provide navigation services for aircraft.

• (b) Regulations made under this article may apply either generally or in relation to any class of aircraft.

• (2) If the commander of an aircraft becomes aware that the aircraft is flying in contravention of any regulations which have been made for any of the reasons referred to in paragraph (1)(a)(iii) of this article he shall, unless otherwise instructed pursuant to paragraph (3) of this article, cause the aircraft to leave the area to which the regulations relate by flying to the least possible extent over such area and the aircraft shall not begin to descend while over such an area.

• (3) The commander of an aircraft flying either within an area for which regulations have been made for any of the reasons referred to in paragraph (1)(a)(iii) of this article or within airspace notified as a Danger Area shall forthwith comply with instructions given by radio or by one of the prescribed visual signals by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.

Balloons, kites, airships, gliders and parascending parachutes

75

• (1) Within the United Kingdom:

• (a) a captive balloon or kite shall not be flown at a height of more than 60 metres above ground level or within 60 metres of any vessel, vehicle or structure;

• (b) a captive balloon shall not be flown within 5km. of an aerodrome;

• (c) a balloon exceeding 2 metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, shall not be flown in controlled airspace;

• (d) a kite shall not be flown within 5km. of an aerodrome;

• (e) an airship shall not be moored; and

• (f) a glider or parascending parachute shall not be launched by winch and cable or by ground tow to a height of more than 60 metres above ground level;

without the permission in writing of the Authority and in accordance with any conditions subject to which that permission may be granted.

• (2) A captive balloon when in flight shall be securely moored, and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.

PART IX — AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS

Aerodromes—public transport of passengers and instruction in flying

76

• (1) An aircraft to which this paragraph applies shall not take off or land at a place in the United Kingdom other than:

• (a) an aerodrome licensed under this Order for the take-off and landing of such aircraft; or

• (b) a Government aerodrome, or an aerodrome owned or managed by the Authority, notified as available for the take-off and landing of such aircraft, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take off or land as the case may be;

and in accordance with any conditions subject to which the aerodrome may have been licensed or notified, or subject to which such permission may have been given.

• (2) Paragraph (1) of this article applies to:

• (a) aeroplanes of which the maximum total weight authorised exceeds 2730kg. and which are flying:

• (i) for the purpose of the public transport of passengers;

• (ii) for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or

• (iii) for the purpose of carrying out flying tests in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence;

• (b) aeroplanes of which the maximum total weight authorised does not exceed 2730kg. engaged on either:

• (i) scheduled journeys for the purpose of the public transport of passengers;

• (ii) flights for the purpose of the public transport of passengers beginning and ending at the same aerodrome;

• (iii) flights for the purpose of:

• (aa) instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or

• (bb) a flying test in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or

• (iv) flights for the purpose of the public transport of passengers at night;

• (c) helicopters and gyroplanes engaged on such flights as are specified in sub-paragraphs (b)(i) and (iii) above; and

• (d) gliders (other than gliders being flown under arrangements made by a flying club and carrying no person other than a member of the club) which are flying for the purpose of the public transport of passengers or for the purpose of instruction in flying.

• (3)

• (a) The person in charge of any area in the United Kingdom intended to be used for the taking off or landing of helicopters at night other than such a place as is specified in paragraph (1) of this article shall cause to be in operation, whenever a helicopter flying for the purpose of the public transport of passengers is taking off or landing at that area by night such lighting as will enable the pilot of the helicopter:

• (i) in the case of landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing; and

• (ii) in the case of taking off, to make a safe take-off.

• (b) a helicopter flying for the purpose of the public transport of passengers at night shall not take off or land at a place to which sub-paragraph (a) of this paragraph applies unless there is in operation such lighting.

Use of Government and Authority aerodromes

77

The Authority may cause to be notified subject to such conditions as it thinks fit:

• (a) any aerodrome owned or managed by it; and

• (b) with the concurrence of the Secretary of State, any Government aerodrome;

as an aerodrome available for the take-off and landing of aircraft engaged on flights for the purpose of the public transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft.

Licensing of aerodromes

78

• (1) The Authority shall grant to any person applying therefor a licence in respect of any aerodrome in the United Kingdom if it is satisfied that:

• (a) that person is competent, having regard io his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe for use by aircraft; and

• (b) the aerodrome is safe for use by aircraft, having regard in particular to the physical characteristics of the aerodrome and of its surroundings.

• (2) An aerodrome licence may be granted subject to such conditions as the Authority thinks fit and shall, subject to the provisions of article 66 of this Order, remain in force for the period specified in the licence.

• (3) Without prejudice to the generality of paragraph (2) of this article, if the applicant so requests or if the Authority considers that an aerodrome should be available for the take-off or landing of aircraft to all persons on equal terms and conditions, it may grant a licence (in this Order referred to as “a licence for public use”) which shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.

• (4) The holder of an aerodrome licence granted under this Order shall:

• (a) furnish to any person on request information concerning the terms of the licence; and

• (b) in the case of a licence for public use, cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft engaged on flights for the purpose of the public transport of passengers or instruction in flying.

• (5) The holder of an aerodrome licence granted under this Order shall not contravene or cause or permit to be contravened any condition of the aerodrome licence at any time in relation to such aircraft engaged on such flights as are specified in article 76(2) of this Order, but the licence shall not cease to be valid by reason only of such a contravention.

Aeronautical radio stations

79

• (1) A person shall not cause or permit any aeronautical radio station to be established or used unless its purpose has been approved by the Authority and the equipment thereof is of a type the specification of which is approved by the Authority in relation to the purpose for which it is to be used.

• (2) The person in charge of an aeronautical radio station the purpose of which is to provide a navigational aid by radio or radar to an aircraft making an approach to land or landing at an aerodrome shall not cause or permit that aeronautical radio station to provide such navigational aid unless all aeronautical radio stations operated by that person at that aerodrome are:

• (a) installed, modified and maintained in a manner approved by the Authority; and

• (b) flight checked by the Authority or by a person approved by the Authority for that purpose on such occasions as the Authority may require:

Aeronautical radio station records

80

• (1) The person in charge of any aeronautical radio station the purpose of which is to provide navigational aid by radio or radar to an aircraft making an approach to land or landing at an aerodrome shall in respect of all aeronautical radio stations operated by him at that aerodrome:

• (a) keep a written record of functional tests, flight checks and particulars of any overhaul, repair, replacement or modification thereof, and

• (b) preserve the written record for a period of one year or such longer period as the Authority may in a particular case direct and shall within a reasonable time after being requested to do so by an authorised person produce such record to that person.

• (2) The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service by an air traffic control unit shall provide apparatus which is capable of recording the terms or content of any radio message or signal transmitted to any aircraft either alone or in common with other aircraft or received from any aircraft by the air traffic control unit.

• (3) The apparatus provided in compliance with paragraph (2) of this article shall be:

• (a) of a type the specification of which is approved by the Authority in relation to the particular aeronautical radio station;

• (b) installed, modified and maintained in a manner approved by the Authority; and

• (c) in operation at all times when the aeronautical radio station is in operation for providing an air traffic control service;

and for the purpose of this article an approval shall be in writing and may be granted subject to such conditions as the Authority thinks fit.

• (4) The person in charge of an aeronautical radio station shall ensure that each record made by the apparatus provided in compliance with paragraph (2) of this article includes:

• (a) the identification of the aeronautical radio station;

• (b) the date or dates on which the record was made;

• (c) a means of determining the time at which each message or signal was transmitted:

• (d) the identity of the aircraft to or from which and the radio frequency on which the message or signal was transmitted or received; and

• (e) the time at which the record started and finished.

• (5) If at any time the apparatus provided in compliance with paragraph (2) of this article ceases to be capable of recording the matters required by this article to be included in the record the person in charge of the aeronautical radio station shall ensure that a written record is kept in which the particulars specified in paragraph (4) of this article are recorded together with a summary of communications exchanged between the aeronautical radio station and aircraft.

• (6) The person in charge of the aeronautical radio station shall preserve any record made in compliance with paragraphs (2) and (5) of this article for a period of 30 days from the date on which the message or signal was recorded or for such longer period as the Authority may in a particular case direct, and shall, within a reasonable time after being requested to do so by an authorised person. produce such record to that person.

• (7) A person required by this article to preserve any record by reason of his being the person in charge of the aeronautical radio station shall, if he ceases to be such a person, continue to preserve the record as if he had not ceased to be such a person, and in the event of his death the duty to preserve the record shall fall upon his personal representative:

Charges at aerodromes licensed for public use

81

The licensee of any aerodrome in respect of which a licence for public use has been granted shall, when required by the Secretary of State, furnish to the Secretary of State such particulars as he may require of the charges established by the licensee for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.

Use of aerodromes by aircraft of Contracting States and of the Commonwealth

82

The person in charge of any aerodrome in the United Kingdom which is open to public use by aircraft registered in the United Kingdom (whether or not the aerodrome is a licensed aerodrome) shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft registered in other Contracting States or in any part of the Commonwealth on the same terms and conditions as for use by aircraft registered in the United Kingdom.

Noise and vibration caused by aircraft on aerodromes

83