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The Air Navigation Order 2016

Type Statutory-Instrument

Publication 2016-07-13

Last updated 2026-03-03

State In force

Department King's Printer of Acts of Parliament

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Made: 13th July 2016

Laid before Parliament: 20th July 2016

Coming into force: 25th August 2016

At the Court at Buckingham Palace, the 13th day of July 2016

Present,

The Queen's Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 60 (other than sub-section (3)(r)), 61, 77 and 101 of, and Schedule 13 to, the Civil Aviation Act 1982 , section 35 of the Airports Act 1986 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 .

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to Her Majesty that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

Her Majesty, by and with the advice of Her Privy Council, orders as follows:

Citation and commencement

1

This Order may be cited as the Air Navigation Order 2016 and comes into force on 25th August 2016.

PART 1 — Interpretation and categorisation

CHAPTER 1 — Interpretative matter

Interpretation

2

Schedule 1 (interpretation) has effect.

Meaning of “in flight”

3

An aircraft is deemed to be in flight—

(a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing;

(b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off, until the moment when it next comes to rest after landing;

(c) in the case of an airship, from the moment when it first becomes detached from the surface until the moment when it next becomes attached to the surface or comes to rest on the surface;

(d) in the case of a free balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface until the moment it next comes to rest on the surface; and

(e) in the case of a captive balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface, apart from a restraining device attaching it to the surface, until the moment when it next comes to rest on the surface,

and the expressions “a flight” and “to fly” are to be construed accordingly.

Meaning of “operator”

4

(1) Subject to paragraph (2), references in this Order to the operator of an aircraft are, for the purposes of the application of any provision of this Order in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft.

(2) For the purposes of the application of any provision in Part 4 , Section 4 of Chapter 2 of Part 5 and article 119, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than—

(a) the holder of a national air operator's certificate;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a commercial operation undertaking,

has the management of that aircraft for a period of not more than 14 days, paragraph (1) has effect as if that charter or other agreement had not been entered into.

Meaning of “aerodrome traffic zone”

5

(1) Subject to paragraphs (3) and (8), the aerodrome traffic zone of a notified aerodrome which is not on an offshore installation and at which the length of the longest runway is notified as 1,850 metres or less is that specified in paragraph (2).

(2) The aerodrome traffic zone at an aerodrome referred to in paragraph (1) is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of two nautical miles.

(3) Paragraph (4) applies if—

(a) the aerodrome traffic zone specified in paragraph (2) would extend less than 1½ nautical miles beyond the end of any runway at the aerodrome; and

(b) this paragraph is notified as being applicable.

(4) The aerodrome traffic zone is that specified in paragraph (5) as though the length of the longest runway at the aerodrome were notified as greater than 1,850 metres.

(5) Subject to paragraph (8), the aerodrome traffic zone of a notified aerodrome which is not on an offshore installation and at which the length of the longest runway is notified as greater than 1,850 metres is that specified in paragraph (6).

(6) The aerodrome traffic zone is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified midpoint of the longest runway and having a radius of 2½ nautical miles.

(7) Subject to paragraph (8), the aerodrome traffic zone of a notified aerodrome which is on an off-shore installation is the airspace extending from mean sea level to 2,000 feet above mean sea level and within 1½ nautical miles of the offshore installation.

(8) The aerodrome traffic zone of a notified aerodrome excludes any airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this article as being the controlling aerodrome.

Meaning of “public transport”

6

(1) For the purposes of this Order and subject to Chapter 2 of this Part, an aircraft in flight is flying on a public transport flight if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the conditions specified in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are—

(a) the flight is not a flight for the purpose of commercial air transport; and

(b) the flight is—

(i) for the carriage of passengers or cargo and valuable consideration is given or promised for that flight in the aircraft; or

(ii) operated by the holder of a national air operator's certificate ... or a Part-CAT air operator certificate and any passengers or cargo are carried gratuitously in the aircraft except for persons specified in paragraph (3) or cargo specified in paragraph (4).

(3) The persons referred to in paragraph (2)(b)(ii) are persons in the employment of the operator (including, in the case of a body corporate, its directors), or persons authorised by the CAA either making any inspection or witnessing any training, practice or test for the purposes of this Order ... or the ... Air Operations Regulation.

(4) The cargo referred to in paragraph (2)(b)(ii) is cargo intended to be used by any persons specified in paragraph (3) or by the operator.

Meaning of “commercial operation”

7

For the purposes of this Order, “commercial operation” means any operation of an aircraft other than for public transport—

(a) which is available to the public; or

(b) which, when not made available to the public, is performed under a contract between an operator and a customer, where the latter has no control over the operator,

in return for remuneration or other valuable consideration.

CHAPTER 2 — Categorisation as public transport or commercial operation

Application of Chapter

8

Nothing in this Chapter applies to a flight subject to the ... Air Operations Regulation.

Public transport – special rule for associations of persons

9

(1) A transaction is effected in accordance with this paragraph if, under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member of the association on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that valuable consideration would be given or promised if the transaction were effected in a different manner.

(2) If a transaction is effected in accordance with paragraph (1) valuable consideration is, for the purposes of this Order, deemed to have been given or promised, notwithstanding any rule of law as to such transactions.

Public transport – special rule for groups of companies

10

(1) For the purposes of article 6(2)(b)(i), there is to be disregarded any valuable consideration given or promised for a flight or the purpose of a flight by one company to another company which is—

(a) its holding company;

(b) its subsidiary; or

(2) In this article, “holding company” and “subsidiary” have the meanings respectively specified in section 1159 of the Companies Act 2006 .

Public transport and commercial operations – exceptions – flying displays

11

(1) A flight is, for the purposes of Part 4, Part 5 and Part 6, a non-commercial flight if—

(a) the flight is of a sort described in paragraph (2); and

(b) there has been no valuable consideration or the only valuable consideration for the flight ... is of a sort described in paragraph (3).

(2) A flight is of a sort described in this paragraph if it is—

(a) wholly or principally for the purpose of taking part in an aircraft race, contest or flying display;

(b) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (a) and is made with the intention of carrying out such a flight; or

(c) for the purpose of returning after such a flight as is specified in sub-paragraph (a) to a place at which the aircraft is usually based.

(3) Valuable consideration is of a sort described in this paragraph if it is one or more of the following—

(a) valuable consideration given or promised to the owner or operator of an aircraft taking part in such a race, contest or flying display where such valuable consideration is not more than the direct costs of the flight and a contribution to the annual costs of the aircraft which contribution bears no greater proportion to the total annual costs of the aircraft than the duration of the flight bears to the annual flying hours of the aircraft; or

(b) one or more prizes awarded to the pilot in command of an aircraft taking part in an aircraft race or contest to a value which does not exceed £500 for any one race or contest except with the permission of the CAA granted to the organiser of the race or contest.

(4) Any prize falling within paragraph (3)(b) is deemed for the purposes of this Order not to constitute remuneration for services as a pilot.

Public transport and commercial operations – exceptions – charity flights

12

A flight is a non-commercial flight if there has been no valuable consideration or the only valuable consideration given or promised for the flight ... is one or more of the following—

(a) valuable consideration given or promised to a registered charity which is not the operator of the aircraft; or

(b) valuable consideration for which the CAA has otherwise given permission.

13

(1) A flight is a non-commercial flight if—

(a) there has been no valuable consideration or the only valuable consideration given or promised for the flight to the pilot by the passengers ... is a contribution to the direct costs of the flight otherwise payable by the pilot in command; and

(b) the criteria in paragraph (2) are satisfied.

(2) The criteria of this paragraph are satisfied if—

(a) no more than six persons (including the pilot) are carried on the flight;

(b) all costs other than direct costs are paid by the pilot with no contribution from the passengers;

(c) the contribution referred to in paragraph (1)(a) is an amount not more than the total direct costs divided equally by the number of persons carried (including the pilot);

(d) the flight is operated by a private individual;

(e) no person acting as a pilot is employed as a pilot or acting under a contract for the provision of services as a pilot for the flight;

(f) passengers undertaking the flight are clearly advised that the flight does not meet the same safety standards as a Commercial Air Transport (CAT) or Public Transport (PT) flight;

(g) for each passenger, a record is made attesting to—

(i) their having been clearly advised that the flight does not meet the same safety standards as a CAT or PT flight; and

(ii) their acceptance of this fact as indicated by their signed declaration to this effect;

(h) the records referred to in paragraph (g) are—

(i) completed prior to the flight;

(ii) retained by the operator of the flight for a period of 6 months from the date of the flight; and

(iii) produced by the operator of the flight when requested by an Authorised Person; and

(i) where advertisement or promotion of the flight occurs, the advertisement or promotion satisfies the criteria in paragraph (3).

(3) The criteria of this paragraph are satisfied if an advertisement or promotion of a flight—

(a) is placed by the pilot or operator of the flight;

(b) makes it clear that the flight is a private arrangement not conducted in accordance with CAT or PT safety standards; and

(i) the start and end locations of the flight;

(ii) the date when the pilot is available to conduct the flight;

(iii) the licence type held by the pilot;

(iv) the class of medical certificate or medical declaration held by the pilot;

(v) the total number of hours flown by the pilot; and

(vi) the total number of hours flown by the pilot in the advertised aircraft type in the three months prior to the advertisement being placed.

Public transport and commercial operations – exceptions – parachuting

14

A flight is a commercial operation flight if it is a flight in respect of which valuable consideration has been given or promised for the carriage of passengers and which is for the purpose of—

(a) the dropping of persons by parachute ... in accordance with the terms of a parachuting permission granted by the CAA under article 90;

(b) positioning the aircraft for such a flight as is specified in paragraph (a) and which—

(i) is made with the intention of carrying out such a flight; and

(ii) on which no person is carried other than a person permitted to be carried on the flight in accordance with the terms of a parachuting permission granted under article 90; or

(c) returning after such a flight as is specified in paragraph (a) to the place at which the persons carried on such a flight are usually based and on which flight no persons are carried other than persons carried on the flight specified in paragraph (a).

Public transport – exceptions – introductory flights

15

(1) This article applies to an introductory flight (as defined in article 2 of the ... Air Operations Regulation) which meets the criteria and conditions described in article 6(4a)(c) of that Regulation.

(2) A flight to which this article applies—

(a) is—

(i) a commercial flight for the purposes of Part 4; and

(ii) a non-commercial flight for all other purposes; and

(b) must—

(i) except when conducted by gliders or balloons, start and end at the same site;

(ii) be operated by day and in compliance with the Visual Flight Rules;

(iii) be overseen by a person nominated by the relevant organisation mentioned in article 6(4a)(c) of the ... Air Operations Regulation to be responsible for the safety of those involved; and

(iv) comply with any other conditions which may be specified by the CAA.

Public transport and commercial operations – exceptions – glider towing

16

A flight for the purpose of glider towing is a non-commercial flight if it meets the criteria and conditions relating to sailplane towing described in article 6(4a)(c) of the ... Air Operations Regulation.

PART 2 — Application of the Order

Extra-territorial effect of the Order

17

(1) Except where the context otherwise requires, the provisions of this Order, in so far as they apply (whether by express reference or otherwise)—

(a) to aircraft registered in the United Kingdom, apply to such aircraft wherever they may be; and

(b) to other aircraft, apply to such aircraft when they are within the United Kingdom or on or in the neighbourhood of an offshore installation.

(2) Except where the context otherwise requires, the provisions of this Order in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything—

(a) by persons in, or by any of the crew of, any aircraft registered in the United Kingdom, apply to such persons and crew, wherever they may be;

(b) in relation to any aircraft registered in the United Kingdom by other persons, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be; and

(c) in relation to any aircraft on or in the neighbourhood of an offshore installation, apply to every person irrespective of their nationality or, in the case of a body corporate, of the law under which it was incorporated and wherever that person or body may be.

(3) Nothing in this article is to be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948 that that person will not be guilty of an offence.

Aircraft in transit over certain United Kingdom territorial waters

18

(1) This article applies to any aircraft which is registered elsewhere than in the United Kingdom when flying over the territorial waters adjacent to the United Kingdom within any part of a strait specified in Schedule 2.

(2) If an aircraft is flying solely for the purpose of continuous and expeditious transit of the strait, only the articles and Schedules specified in paragraph (3) apply to that aircraft.

(3) These articles and Schedules are—

(a) article 77 and Schedule 5 to the extent necessary for the monitoring of the appropriate distress radio frequency;

(b) article 249(2), (3), and (4) and the regulations made under that article;

(d) article 266.

(4) The powers conferred by the provisions referred to in paragraph (3) may not be exercised in a way which would hamper the transit of the strait by an aircraft registered elsewhere than in the United Kingdom, but without prejudice to action needed to secure the safety of aircraft.

(5) In this article—

“transit of the strait” means overflight of the strait from an area of high seas at one end of the strait to an area of high seas at the other end, or flight to or from an area of high seas over some part of the strait for the purpose of entering, leaving or returning from a State bordering the strait; and

“an area of high seas” means any area outside the territorial waters of any State.

Application of the Order to British-controlled aircraft registered elsewhere than in the United Kingdom

19

(1) The CAA may direct that such of the provisions of this Order and of any regulations made or having effect under this Order as may be specified in the direction have effect as if reference in those provisions to aircraft registered in the United Kingdom included references to the aircraft specified in the direction.

(2) A direction under paragraph (1) may only specify an aircraft registered elsewhere than in the United Kingdom but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the United Kingdom.

Application of the Order to the Crown

20

(1) Subject to the provisions of this article and article 22, the provisions of this Order apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty as they apply to or in relation to other aircraft.

(2) For the purposes of such application, the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft is deemed to be the operator of the aircraft or, in the case of an unmanned aircraft, to be the UAS operator and, in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft.

(3) Nothing in this article renders liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.

Application of the Order to visiting forces

21

(1) This article applies to the naval, military and air force authorities and members of any visiting force and any international headquarters and the members and property held or used for the purpose of such a force or headquarters.

(2) Except as otherwise expressly provided in this Order, every body and person and any property to which this article applies is exempt from the provisions of this Order and of any regulations made under this Order to the same extent as if it formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.

Application of the Order to military aircraft

22

(1) Except as otherwise provided by paragraph (2), and articles 174(3), 249(1)(a), 86(7) and (17) and 218, nothing in this Order applies to or in relation to any military aircraft.

(2) If a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of that person's duty as a member of any of Her Majesty's naval, military or air forces or as a member of a visiting force or international headquarters, the provisions specified in paragraph (3) apply to that flight.

(3) The provisions referred to in paragraph (2) are articles 239, 240, 241 and 242 and in addition article 249 (so far as applicable) applies unless the aircraft is flown in compliance with MAA01: Military Aviation Authority Regulatory Policy (Issue 4, published on 17th December 2014 and updated on 1st April 2015) and Regulatory Articles 2000 Series Flying Regulations (published on 11th November 2014 and updated on 21st April 2015) issued by the Secretary of State .

Exceptions from application of provisions of the Order for certain classes of aircraft

23

(1) This article applies to—

(a) any small balloon;

(b) any kite weighing not more than 2kg;

(d) any parachute including a parascending parachute.

(2) Subject to paragraphs (3) and (4), nothing in this Order applies to or in relation to an aircraft to which this article applies.

(3) Articles 2, 91, 92, 93, ... 94A, 94B, 94BA, ... 239, 241 and 257 (except 257(2)(a)) apply to or in relation to an aircraft to which this article applies, and articles 253, 265, 266 and 269 apply in relation to those articles.

(4) Articles ... 265E and 265F apply to or in relation to unmanned aircraft to which this article applies, and article 265(3) applies in relation to those articles.

PART 3 — Registration and marking

Aircraft to be registered

24

(1) Subject to paragraphs (2), (3) and (4), an aircraft must not fly in or over the United Kingdom unless it is registered in—

(a) some part of the Commonwealth;

(b) a Contracting State; or

(c) some other country in relation to which there is in force an agreement between Her Majesty's Government in the United Kingdom and the Government of that country which makes provision for the flight over the United Kingdom of aircraft registered in that country.

(2) A non-Part-21 glider may fly unregistered, and will be deemed to be registered in the United Kingdom for the purposes of articles 77 and 137, on any flight which—

(a) begins and ends in the United Kingdom without passing over any other country; and

(b) is not for the purpose of public transport or commercial air transport.

(3) A non-Part-21 aircraft may fly unregistered on any flight which—

(a) begins and ends in the United Kingdom without passing over any other country; and

(b) is in accordance with the B Conditions.

(4) Paragraph (1) does not apply to any non-Part-21 kite, non-Part-21 captive balloon or any aircraft flying in accordance with the terms of any permission given by the CAA.

(5) If an aircraft flies in or over the United Kingdom in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the United Kingdom an offence in respect of a contravention of a provision specified in Schedule 13 would have been committed, that same offence will be deemed to have been committed in respect of that aircraft.

CAA to register aircraft in the United Kingdom

25

(1) The CAA is the authority for the registration of aircraft in the United Kingdom.

(2) The CAA is responsible for maintaining the register and may record in the register the information specified in article 27(2) in a legible or a non-legible form so long as the recording is capable of being reproduced in a legible form.

(3) Subject to the provisions of this Chapter, an aircraft must not be registered or continue to be registered in the United Kingdom if it appears to the CAA that—

(a) the aircraft is registered outside the United Kingdom and that such registration does not cease by operation of law when the aircraft is registered in the United Kingdom;

(b) the aircraft could more suitably be registered in some other part of the Commonwealth or, in the case of an aircraft registered to an unqualified person, another Contracting State; or

Who may register aircraft in the United Kingdom

26

(1) Only the following persons are qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the United Kingdom or a share in such an aircraft—

(a) the Crown in right of Her Majesty's Government in the United Kingdom and the Crown in right of the Scottish Administration;

(b) Commonwealth citizens;

(d) British protected persons;

(e) bodies incorporated in some part of the Commonwealth and having their principal place of business in any part of the Commonwealth;

(f) undertakings formed in accordance with the law of an EEA State which have their registered office, central administration or principal place of business within the European Economic Area; or

(g) firms carrying on business in Scotland (and in this sub-paragraph, “firm” has the same meaning as in the Partnership Act 1890 ).

(2) If a person other than a person qualified under paragraph (1) holds a legal or beneficial interest by way of ownership in an aircraft, or a share in an aircraft, the CAA may register the aircraft in the United Kingdom if it is satisfied that the aircraft may otherwise be properly registered.

(3) If an unqualified person has had an aircraft registered under paragraph (2) that person must not cause or permit the aircraft to be used for the purpose of commercial air transport while it is so registered.

(4) If an aircraft is chartered by demise to a person qualified under paragraph (1) the CAA may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in the United Kingdom in the name of the charterer by demise if it is satisfied that the aircraft may otherwise be properly registered.

(5) Subject to the provisions of this Part, an aircraft registered under paragraph (4) may remain registered during the continuation of the charter.

Application for registration

27

(1) An application for the registration of an aircraft in the United Kingdom must be made in writing to the CAA and must—

(a) include or be accompanied by such information and evidence relating to the aircraft and the ownership and chartering of the aircraft as the CAA may require to enable it to determine whether the aircraft may properly be registered in the United Kingdom and whether to issue the certificate of registration; and

(b) include the proper description of the aircraft according to column 3 of the “Classification of aircraft” in Part 1 of Schedule 4.

(2) If the CAA receives an application for the registration of an aircraft in the United Kingdom and is satisfied that the aircraft may properly be so registered, the CAA must register the aircraft, wherever it may be, and include in the register the following information—

(a) the number of the certificate;

(b) the nationality mark of the aircraft and the registration mark assigned to it by the CAA;

(d) the serial number of the aircraft;

(e) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share of the aircraft or, in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and

(f) in the case of an aircraft registered under article 26(2) or 26(4), an indication that it is so registered.

(3) The CAA must supply to the registered owner a certificate of registration.

(4) A certificate of registration must include the information specified in paragraph (2) and the date on which the certificate was issued.

Changes to the register

28

(1) Any person who is the registered owner of an aircraft registered in the United Kingdom must immediately inform the CAA in writing of—

(a) any change in the information supplied to the CAA when applying for the registration of the aircraft;

(b) the destruction of the aircraft, or its permanent withdrawal from use; or

(2) Any person who becomes the owner of an aircraft registered in the United Kingdom must within 28 days of becoming the owner inform the CAA in writing to that effect.

(3) Subject to article 29 the CAA may, whenever it appears necessary or appropriate in order to give effect to this Part or to bring up to date or otherwise correct the register, amend the register or cancel the registration of an aircraft.

(4) The CAA must cancel the registration of an aircraft—

(a) within two months of being satisfied that there has been a change in the ownership of the aircraft; and

(b) subject to regulation 51 of the 2015 Regulations (disapplication in respect of pre-existing rights and interests), as soon as reasonably practicable if satisfied that a person wishes and is entitled to procure the de-registration of the aircraft in accordance with Article IX (modification of default remedies provisions) of the Aircraft Protocol (within the meaning of the 2015 Regulations).

Aircraft which are entered in the Register of Aircraft Mortgages

29

(1) The CAA must not, under article 28(3), cancel the registration of an aircraft which is the subject of an undischarged mortgage entered in the Register of Aircraft Mortgages kept by the CAA under an Order in Council made under section 86 of the Civil Aviation Act 1982 unless all persons shown in the Register of Aircraft Mortgages as mortgagees of that aircraft have consented to the cancellation.

(2) Subject to regulation 51 of the 2015 Regulations (transitional provision), this article does not apply to an aircraft to which article 30 applies.

Aircraft subject to an international interest

30

(1) This article applies to an aircraft—

(a) which is the subject of a registered international interest within the meaning of the 2015 Regulations, and

(b) in respect of which an irrevocable de-registration and export request authorisation is in force.

(2) The CAA may cancel the registration of an aircraft to which this article applies under article 28(3) only in pursuance of an application made by a person who is recorded, in accordance with regulation 22 of the 2015 Regulations, as the authorised party under an irrevocable de-registration and export request authorisation in respect of the aircraft.

(3) Expressions used in this article have the same meaning as in the 2015 Regulations.

General provisions concerning registration

31

(1) The Secretary of State may, by regulations, adapt or modify the foregoing provisions of this Part as the Secretary of State deems necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the United Kingdom register, either generally or in relation to a particular case or class of cases.

(2) In this Part and in Chapter 3 of Part 1 of Schedule 3 “the registered owner” means the person in whose name the aircraft is registered in accordance with article 27(2).

(3) The reference in article 28(1) to the registered owner of an aircraft includes, in the case of a deceased person, their legal personal representative, and in the case of a body corporate which has been dissolved, its successor.

(4) In this Part references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of the person's membership of a flying club.

(5) Nothing in this Part requires the CAA to cancel the registration of an aircraft if in its opinion it would not be in the public interest to do so.

(6) Any provision in this Part which requires the giving of information to the CAA in writing may be met by means of an electronic communication if the use of such a communication results in the information contained in that communication being available to the CAA in all material respects as it would appear if given or sent in printed form.

Nationality and registration marks

32

(1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) must not fly unless it has painted or fixed on it, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.

(2) The marks to be borne by aircraft registered in the United Kingdom must—

(a) comply with Part 2 of Schedule 4; or

(b) be borne with the permission of the CAA.

(3) Subject to paragraph (4), an aircraft must not bear any marks which would indicate—

(a) that the aircraft is registered in a country in which it is not in fact registered; or

(b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks.

(4) Marks approved by the CAA for the purposes of flight in accordance with the B Conditions do not mean that the aircraft is registered in a country in which it is not in fact registered.

PART 4 — Airworthiness of Aircraft

CHAPTER 1 — Airworthiness – general

Certificate of airworthiness to be in force

33

(1) Subject to paragraphs (2) and (3), an aircraft must not fly unless there is in force for the aircraft a certificate of airworthiness—

(a) issued in accordance with the relevant minimum standards established under the Chicago Convention;

(b) issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; and

(2) The prohibition in paragraph (1) does not apply to flights, beginning and ending in the United Kingdom without passing over any other country, of—

(a) a non-Part-21 glider unless flying on a public transport or commercial air transport flight;

(b) a non-Part-21 balloon flying on a non-commercial flight;

(d) a non-Part-21 aircraft flying in accordance with the A Conditions, the B Conditions, the E Conditions or under a special category national certificate of airworthiness;

(e) an aircraft flying in accordance with a national permit to fly;

(f) a single-seat deregulated aeroplane which is flying on a non-commercial flight;

(g) an aircraft flying in accordance with the terms of any permission given by the CAA ... .

(3) The prohibition in paragraph (1) does not apply to flights by an aircraft flying in accordance with a Part-21 permit to fly.

(4) In the case of a non-Part-21 aircraft registered in the United Kingdom, the certificate of airworthiness referred to in paragraph (1) is, subject to article 37, a national certificate of airworthiness.

(5) In the case of a Part-21 aircraft registered in the United Kingdom, the certificate of airworthiness referred to in paragraph (1) is a Part-21 certificate of airworthiness issued by the CAA.

(6) For the purposes of paragraph (1), a certificate of airworthiness includes a Part-21 restricted certificate of airworthiness.

(7) An aircraft registered in the United Kingdom with a Part-21 certificate of airworthiness must not fly otherwise than in accordance with any conditions or limitations contained in its flight manual.

Issue of airworthiness directives for EASA aircraft

34

(1) Subject to and in accordance with article 70(1) of the Basic ... Regulation, the CAA may direct that a Part-21 aircraft must not fly until one of the following has been completed to the satisfaction of the CAA—

(a) maintenance of the aircraft or of any equipment necessary for the airworthiness of the aircraft which has been made mandatory by a directive issued by the CAA;

(b) an inspection for the purpose of ascertaining whether the aircraft remains airworthy which has been made mandatory by a directive issued by the CAA; or

(c) any modification of the aircraft or of any equipment which is necessary for the airworthiness of the aircraft and has been made mandatory by a directive issued by the CAA for the purpose of ensuring that the aircraft remains airworthy.

(2) A directive under paragraph (1) ceases to have effect if—

(a) it is withdrawn by the CAA; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement for a certificate of release to service for EASA aircraft

35

A Part-21 aircraft must not fly when a certificate of release to service is required by or under Part M or Part 145 unless such a certificate has been issued in accordance with Part M or Part 145 and is in force.

Licensing of maintenance engineers

36

(1) The CAA must grant an aircraft maintenance engineer's licence, subject to such conditions it deems appropriate, if it is satisfied that the applicant is—

(a) a fit person to hold the licence; and

(b) qualified by having the knowledge, experience, competence and skill in aeronautical engineering to act in the capacity to which the licence relates.

(2) For the purposes of paragraph (1) the applicant must supply such evidence and undergo such examinations and tests as the CAA may require.

(3) An aircraft maintenance engineer's licence authorises the holder—

(a) to issue certificates of release to service under this Order for such overhauls, repairs, replacements, modifications, maintenance and inspections of such aircraft and such equipment as may be specified;

(b) to issue certificates of fitness for flight issued under paragraph 5 of the A Conditions for such aircraft as may be specified; or

(4) Subject to article 253, an aircraft maintenance engineer's licence remains in force for the period specified in the licence, which must not exceed five years.

(5) An aircraft maintenance engineer's licence may be renewed by the CAA if it is satisfied that the applicant is a fit person and is qualified in accordance with paragraph (1).

(6) The CAA may issue a certificate rendering valid for the purposes of this Order any aircraft maintenance engineer's licence granted under the law of any country other than the United Kingdom.

(7) An aircraft maintenance engineer's licence granted under this article is not valid unless it has been signed by the holder in ink or indelible pencil but if the licence is annexed to an aircraft maintenance licence issued under Part 66 it is sufficient if that Part 66 licence has such a signature.

(8) The holder of an aircraft maintenance engineer's licence granted under paragraph (1) or of an aircraft maintenance licence granted under Part 66 must not exercise the privileges of such a licence if the holder knows or suspects that their physical or mental condition renders them unfit to exercise such privileges.

CHAPTER 2 — Initial airworthiness – non-EASA aircraft

Certificate of airworthiness for State aircraft registered in the United Kingdom

37

(1) This article applies to a non-Part-21 aircraft registered in the United Kingdom which is a State aircraft but which is not a military aircraft.

(2) There must be in force for the aircraft either a national certificate of airworthiness or a Part-21 certificate of airworthiness issued by the CAA.

(3) If there is in force a Part-21 certificate of airworthiness issued by the CAA the aircraft must—

(a) comply with the Basic ... Regulation and any implementing rules made under that Regulation which would apply if it were a Part-21 aircraft;

(b) comply with any United Kingdom national requirements made in accordance with article 70(1) of the Basic ... Regulation and in CAP 747 which would apply if it were a Part-21 aircraft;

(d) not fly within the airspace of another State without the permission of the competent authority of that State.

(4) In this article, “CAP 747” means CAA publication CAP 747 entitled “Mandatory Requirements for Airworthiness , Issue 4, incorporating amendments to 2021/01, dated 1 January 2021” ....

Issue and renewal of national certificates of airworthiness

38

(1) Subject to paragraph (3), the CAA must issue for any non-Part-21 aircraft registered in the United Kingdom a national certificate of airworthiness if it is satisfied that the aircraft is fit to fly having regard to—

(a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted in the aircraft), and of any equipment carried in the aircraft which it considers necessary for the airworthiness of the aircraft; and

(b) the results of flying trials, and such other tests of the aircraft as it may require.

(2) A national certificate of airworthiness issued by the CAA must be a non-expiring national certificate of airworthiness.

(3) If the CAA has issued a national certificate of airworthiness for an aircraft which, in its opinion, is a prototype aircraft or a modification of a prototype aircraft, it may dispense with flying trials in the case of any other aircraft if it is satisfied that the other aircraft conforms to such prototype or modification.

(4) Every national certificate of airworthiness must specify whether it is a Standard or Special Category certificate according to which is, in the opinion of the CAA, appropriate to the aircraft.

(5) A Special Category certificate must be issued subject to the condition that the aircraft may be flown only for the purposes indicated in Part 2 of Schedule 3 in relation to that category.

(6) The CAA may issue a national certificate of airworthiness subject to such other conditions it deems appropriate relating to the airworthiness of the aircraft.

(7) Nothing in this Order obliges the CAA to accept an application for the issue of a national certificate of airworthiness or for the variation or renewal of any such certificate if the application is not supported by such reports from such persons approved under article 268 as the CAA may specify, either generally or in a particular case or class of cases.

National certificate of airworthiness ceasing to be in force and issue of airworthiness directives for non-EASA aircraft

39

(1) Subject to paragraph (3), a national certificate of airworthiness issued for a non-Part-21 aircraft registered in the United Kingdom ceases to be in force if—

(a) the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified or maintained;

(b) maintenance or an inspection of the aircraft or of any equipment necessary for the airworthiness of the aircraft is required by a maintenance programme established under article 54;

(c) maintenance of the aircraft or of any equipment necessary for the airworthiness of the aircraft has been made mandatory by a directive issued by the CAA;

(d) an inspection for the purpose of ascertaining whether the aircraft remains airworthy has been made mandatory by a directive issued by the CAA; or

(e) any modification of the aircraft or of any equipment which is necessary for the airworthiness of the aircraft, has been made mandatory by a directive issued by the CAA for the purpose of ensuring that the aircraft remains airworthy.

(2) A certificate of airworthiness which has ceased to be in force under paragraph (1) becomes valid again on the issue of a certificate of release to service under this Order or in accordance with paragraph 21A.163(d) of Part 21 relating to the overhaul, repair, replacement, modification, maintenance or inspection.

(3) A certificate of airworthiness which would not be in force by reason of paragraph (1) remains in force if the aircraft is flying in the circumstances specified in article 44(3).

Issue of national permits to fly

40

(1) Subject to paragraph (2), the CAA or a person approved by the CAA for that purpose must issue for any non-Part-21 aircraft registered in the United Kingdom a national permit to fly if it is satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.

(2) The CAA or a person approved by the CAA for that purpose must refuse to issue a national permit to fly for a non-Part-21 aircraft registered in the United Kingdom if it appears to the CAA that the aircraft is eligible for, and ought to fly under and in accordance with, a national certificate of airworthiness.

(3) The CAA or a person approved by the CAA for that purpose may issue a national permit to fly subject to such conditions it deems appropriate relating to the airworthiness, operation or maintenance of the aircraft.

(4) Nothing in this Order obliges the CAA or a person approved by the CAA for that purpose to accept an application for the issue, variation or renewal of a national permit to fly if the application is not supported by such reports from such persons approved under article 268 as the CAA may specify, either generally or in a particular case or class of cases.

National permits to fly ceasing to be in force and issue of airworthiness directives for permit aircraft

41

(1) A national permit to fly ceases to be in force if—

(a) the CAA has issued a directive that requires—

(i) an inspection to be carried out for the purpose of ascertaining whether the aircraft remains airworthy; or

(ii) modification or maintenance of the aircraft or any of its equipment necessary for the airworthiness of the aircraft for the purpose of ensuring that the aircraft remains airworthy; or

(b) completion of an inspection, modification or maintenance of the aircraft is required as a condition of the permit to fly.

(2) A national permit to fly which has ceased to be in force under paragraph (1) comes into force again as soon as—

(a) any such inspection, modification or maintenance has been satisfactorily completed; and

(b) in the case of an inspection, any consequential repair, replacement or modification has been satisfactorily carried out.

(3) A national permit to fly ceases to be in force—

(a) if any condition (other than a condition of the permit requiring an inspection, modification or maintenance) is not complied with;

(b) if the aircraft, engines or propellers, or such of its equipment as is necessary for the airworthiness of the aircraft, are modified or repaired, unless the repair or modification has been approved by the CAA or by a person approved by the CAA for that purpose.

(4) A national permit to fly is not in force unless the permit includes a current certificate of validity issued by the CAA or by a person approved by the CAA for that purpose.

(5) In this article “certificate of validity” means a certificate which certifies that a national permit to fly remains valid for the period specified in the certificate and a certificate of validity is current during that period.

Limitations of national permits to fly

42

(1) An aircraft flying in accordance with a national permit to fly—

(a) must not fly for the purpose of public transport or commercial air transport; and

(b) must not fly without the permission of the CAA—

(i) for commercial operation other than commercial operation which consists of an aircraft flying for the purpose of a flying display, associated practice for a flying display, test and positioning flights or the exhibition or demonstration of the aircraft;

(ii) at night or in accordance with Instrument Flight Rules; or

(iii) for hire.

(2) A placard must be affixed to any aircraft flying in accordance with a permit to fly in full view of the occupants which must be worded as follows—

Occupant Warning
This aircraft has not been certificated to an International Requirement

Aircraft weight schedule

43

(1) This article applies to any flying machine or glider which—

(a) is not subject to Annexes III to VIII of the ... Air Operations Regulations; and

(b) has a certificate of airworthiness issued by the CAA or a national permit to fly.

(2) Every aircraft to which this article applies must be weighed, and the position of its centre of gravity determined, at such times and in such a manner as the CAA may require.

(3) The operator of an aircraft must—

(a) when the aircraft is weighed, prepare a weight schedule showing—

(i) the mass, or such other weight as may be approved by the CAA ... for that aircraft; and

(ii) the position of the centre of gravity at its mass or such other position of the centre of gravity as may be approved by the CAA ... for that aircraft.

(b) account for and properly document the accumulated effects of modifications and repairs on the mass and balance of the aircraft;

(d) reweigh the aircraft if the effect of modifications on the mass and balance is not accurately known.

(4) Subject to article 238, the weight schedule must be preserved by the operator of the aircraft for at least six months after the next occasion on which the aircraft is weighed for the purposes of this article.

(5) In this article, “mass” means the empty mass of the aircraft established in accordance with the certification basis of the aircraft.

CHAPTER 1 — Airworthiness – general

Requirement for a certificate of release to service for non-EASA aircraft

44

(1) This article applies to each non-Part-21 aircraft registered in the United Kingdom which has a certificate of airworthiness, except any such aircraft which is required to be maintained in accordance with Part 145.

(2) Subject to paragraph (3) and article 45, if an aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 39(1)(b) or (d), that aircraft must not fly unless there is in force for the aircraft a certificate of release to service issued under and in accordance with this Order.

(3) If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at a place where it is not reasonably practicable—

(a) for the repair or replacement to be carried out in such a manner that a certificate of release to service under this Order can be issued; or

(b) for such a certificate to be issued while the aircraft is at that place,

it may fly to a place which satisfies each of the criteria in paragraph (4).

(4) A place satisfies the criteria in this paragraph if it is—

(a) the nearest place at which a certificate of release to service under this Order can be issued;

(b) a place to which the aircraft can, in the reasonable opinion of the pilot in command, safely fly by a route for which it is properly equipped; and

(c) a place to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board.

(5) Equipment provided in compliance with Schedule 5 or Schedule 6 must not be installed or placed on board for use in an aircraft after being overhauled, repaired, modified or inspected unless there is in force for the equipment, at the time when it is installed or placed on board, a certificate of release to service issued under this Order.

(6) In this article, in relation to a compass, the expression “repair” includes its adjustment and compensation and the expression “repaired” is to be construed accordingly.

Circumstances where a certificate of release to service is not required

45

An aircraft to which article 44 applies does not require to have in force a certificate of release to service issued under this Order if it has in force a certificate of release to service issued in accordance with paragraph 21A.163(d) of Part 21.

Certificate of release to service issued by pilot owner

46

In accordance with any guidance issued by the CAA a pilot owner of a private aircraft which has a maximum total mass authorised of not more than 2,730kg to which article 44 applies—

(a) may carry out simple visual inspections or operations to check for general condition and obvious damage and normal operation of the airframe, engines, systems and components of the aircraft;

(b) rectify any defects identified under paragraph (a); and

(c) issue a certificate of release to service at the completion of any maintenance when satisfied that all maintenance required has been properly carried out.

Contents of a certificate of release to service

47

(1) A certificate of release to service must contain as a minimum—

(a) details of the maintenance carried out;

(b) the date such maintenance was completed;

(i) the approval reference of the maintenance organisation approved in accordance with article 48 and the certifying staff issuing such a certificate;

(ii) the identity and, if applicable, licence number of the certifying staff issuing such a certificate; or

(iii) in the case of a certificate issued under article 46, the identity, signature and pilot licence number of the pilot owner issuing the certificate;

(d) the limitations to airworthiness or operations, if any.

(2) When any maintenance prescribed for the aircraft cannot be completed, a certificate of release to service may be issued within the approved aircraft limitations provided that—

(a) the inability to complete the maintenance; and

(b) any resulting limitations to airworthiness or operations,

are noted in the certificate.

(3) A certificate of release to service must not be issued in the case of any known non-compliance which endangers flight safety.

Who may issue a certificate of release to service

48

(1) Subject to paragraph (2), a certificate of release to service issued under this Order may be issued only by—

(a) the holder of an aircraft maintenance engineer's licence—

(i) granted under this Order, being a licence which entitles the holder to issue that certificate; or

(ii) granted under the law of a country other than the United Kingdom and rendered valid under this Order, in accordance with the privileges endorsed on the licence;

(b) a person approved by the CAA as being competent to issue such certification, and in accordance with that approval;

(c) a person authorised by the CAA to issue the certificate in a particular case, and in accordance with that authorisation;

(d) a person approved in accordance with Part 145, and in accordance with that approval;

(e) the holder of an aircraft maintenance licence granted by the CAA under Part 66, in accordance with the privileges endorsed on the licence; or

(f) a pilot owner in accordance with article 46.

(2) The holder of an aircraft maintenance engineer's licence or authorisation as an aircraft maintenance engineer granted or issued by or under the law of any Contracting State other than the United Kingdom may issue a certificate of release to service for an aircraft registered in the United Kingdom if—

(a) it is issued in accordance with the privileges endorsed on the licence or authorisation;

(b) the overhaul, repair, replacement, modification, maintenance or inspection has been carried out in the Contracting State under the law of which the licence or authorisation has been granted or issued;

(d) the aircraft has a maximum take-off mass of not more than 2,730kg.

(3) In this article, in relation to a compass, the expression “repair” includes its adjustment and compensation.

Requirement for and validity of a national airworthiness review certificate

49

(1) An aircraft with a national certificate of airworthiness must not fly unless it has a valid national airworthiness review certificate.

(2) Subject to articles ... 50, 56, 57, 58 and 253, a national airworthiness review certificate is valid for one year.

Validity of the national airworthiness review certificate

50

A national airworthiness review certificate becomes invalid if—

(a) suspended or revoked;

(b) the certificate of airworthiness is suspended or revoked; or

Other circumstances in which an aircraft must not fly

51

An aircraft with a national certificate of airworthiness must not fly if—

(a) the continuing airworthiness of the aircraft or any component fitted to the aircraft does not meet the requirements of this Part;

(b) the aircraft does not remain in conformity with the type design approved by the CAA;

(c) the aircraft has been operated beyond the limitations of the approved flight manual or the airworthiness certificate, without subsequent appropriate action to restore airworthiness being taken;

(d) the aircraft has been involved in an accident or incident that affects the airworthiness of the aircraft, without subsequent appropriate action to restore airworthiness being taken; or

(e) the aircraft has a modification or repair for which a certificate or release to service has not been issued in accordance with this Order.

Initial issue of national airworthiness review certificate

52

(1) This article applies to an aircraft with a national certificate of airworthiness which has not previously had a national airworthiness review certificate.

(2) A national airworthiness review certificate is issued for an aircraft to which this article applies in accordance with paragraph (3) or (4).

(3) A national airworthiness review certificate may be issued by the CAA following the satisfactory completion of an airworthiness review by the CAA.

(4) A national airworthiness review certificate may be issued by the CAA on receipt of a recommendation from—

(a) a continuing airworthiness management organisation approved in accordance with article 61; or

(b) in the case of an aircraft with a maximum total weight authorised of 2,730kg or less, an aeroplane and rotorcraft maintenance organisation approved in accordance with article 62.

(5) A recommendation under paragraph (4) may only be made when the organisation is satisfied that it may properly do so after carrying out an airworthiness review.

Subsequent issue of national airworthiness review certificate

53

(1) This article applies to an aircraft with a national certificate of airworthiness which has previously had a national airworthiness review certificate.

(2) A national airworthiness review certificate may be issued for an aircraft to which this article applies in accordance with paragraph (3) or (4).

(3) A national airworthiness review certificate may be issued by the CAA—

(a) following the completion of an airworthiness review by the CAA; or

(b) in the case of an aircraft which has a maximum total weight authorised of 2,730kg or less and is not a commercial air transport aircraft, public transport aircraft or non-military State aircraft, on receipt of a recommendation for its issue from an aeroplane and rotorcraft maintenance organisation approved in accordance with article 62.

(4) A national airworthiness review certificate may be issued by a continuing airworthiness management organisation approved under article 61.

(5) A national airworthiness review certificate may be issued under paragraph (3)(a) or paragraph (4) only when the CAA or the issuing organisation is satisfied that it may properly do so after carrying out an airworthiness review.

(6) A recommendation to issue a national airworthiness review certificate under paragraph (3)(b) may be made only when the organisation making the recommendation is satisfied that it may properly do so after carrying out an airworthiness review.

Aircraft maintenance programme

54

(1) An aircraft with a national certificate of airworthiness must be maintained in accordance with—

(a) in the case of an aircraft which has a maximum total weight authorised of 2,730kg or less and is not a commercial air transport aircraft, public transport aircraft or non-military State aircraft, a maintenance programme declared by the owner of the aircraft in accordance with guidance issued by the CAA; or

(b) an aircraft maintenance programme approved in accordance with this article.

(2) The aircraft maintenance programme in paragraph (1)(b), and any amendments, must be approved—

(a) by the CAA; or

(b) in accordance with paragraphs (3) and (4).

(3) When the continuing airworthiness of the aircraft is managed by a continuing airworthiness management organisation approved in accordance with article 61, the aircraft maintenance programme and its amendments may be approved by that organisation.

(4) In that case, the approval procedure must be included by the continuing airworthiness management organisation in its continuing airworthiness management exposition required by article 61(2)(b).

Commercial air transport aircraft, public transport aircraft and non-military State aircraft

55

Aircraft with a national certificate of airworthiness which are commercial air transport aircraft, public transport aircraft or non-military State aircraft must—

(a) be managed by a continuing airworthiness management organisation approved in accordance with article 61; and

(b) have any maintenance carried out by a maintenance organisation which is approved under article 48(1)(b).

Extension of a national airworthiness review certificate of an aircraft in a controlled environment

56

(1) The validity of a national airworthiness review certificate of an aircraft in a controlled environment may be extended by the continuing airworthiness management organisation which is managing the airworthiness of the aircraft.

(2) The continuing airworthiness management organisation may extend the validity of a national airworthiness review certificate on a maximum of two occasions, for a period of 12 months on each occasion.

(3) A national airworthiness review certificate may be extended only when the continuing airworthiness management organisation which is to extend it is satisfied that it is proper to do so.

Extension of a national airworthiness review certificate of certain aircraft which are not in a controlled environment

57

(1) Subject to paragraph (2), this article applies to any aircraft which is not in a controlled environment and which has a maximum total weight authorised of 2,730kg or less.

(2) This article does not apply to any commercial air transport aircraft, public transport aircraft or non-military State aircraft.

(3) The validity period of a national airworthiness review certificate of an aircraft to which this article applies may be extended in accordance with paragraphs (4) and (5), on a maximum of two occasions, for a period of 12 months on each occasion.

(4) The validity period of a national airworthiness review certificate may be extended by—

(a) an appropriately licensed engineer;

(b) a continuing airworthiness management organisation approved in accordance with article 61; or

(5) The validity period of a national airworthiness review certificate may be extended only when the person who is to extend it is satisfied that it is proper to do so after carrying out an annual review.

Extension of a national airworthiness review certificate of other aircraft which are not in a controlled environment

58

(1) This article applies to any aircraft with a national airworthiness review certificate which is not in a controlled environment and—

(a) has a maximum total weight authorised of more than 2,730kg; or

(b) is a commercial air transport aircraft, a public transport aircraft or a non-military State aircraft.

(2) The validity period of a national airworthiness review certificate of an aircraft to which this article applies may be extended, in accordance with paragraphs (3) and (4), on a maximum of two occasions, for a period of 12 months on each occasion.

(3) The validity period of a national airworthiness review certificate may be extended by a continuing airworthiness management organisation approved in accordance with article 61.

(4) The validity period of a national airworthiness review certificate may be extended only when the organisation which is to extend it is satisfied that it is proper to do so after carrying out an annual review.

Conduct of an airworthiness review

59

(1) An airworthiness review referred to in articles 52 and 53 must be conducted in accordance with this article.

(2) A full documented review of the aircraft records must be carried out to confirm that all scheduled maintenance, overhaul, modification, repair, replacement, defect rectification and compliance with any airworthiness directive issued under article 38, has been completed so as to ensure the continued airworthiness of the aircraft.

(3) A physical survey of the aircraft must be carried out.

(4) For the physical survey, airworthiness review staff who do not hold an appropriate maintenance engineer licence under Part 66 or article 36 must be assisted by such qualified personnel.

(5) Through the physical survey of the aircraft, the staff carrying it out must determine whether—

(a) all required markings and placards are properly installed;

(b) the aircraft complies with its approved flight manual;

(d) any evident defect can be found that has not been addressed;

(e) when, in their reasonable opinion, a check flight is necessary, the aircraft has completed a satisfactory check flight; and

(f) any inconsistencies can be found between the aircraft and the documented review of records under paragraph (2).

(6) An airworthiness review may be anticipated by a maximum period of 90 days without loss of continuity of the airworthiness review pattern, to allow the physical review to take place during a maintenance check.

(7) Airworthiness review tasks must not be sub-contracted.

Conduct of an annual review

60

An annual review referred to in articles 57(5) and 58(4) means a check to establish that the following has been accomplished—

(a) all maintenance has been carried out in accordance with a programme mentioned in article 54(1);

(b) all modifications and inspections deemed mandatory by the CAA have been carried out as required by the CAA;

(c) all defects entered in the aircraft records have been rectified or deferred in accordance with CAA approved procedures; and

(d) all required certificates of release to service have been issued.

Approval of continuing airworthiness management organisation

61

(1) Any person may apply to the CAA for approval as a continuing airworthiness management organisation.

(2) The CAA must approve a person as a continuing airworthiness management organisation for the purposes of this Part if it is satisfied that—

(a) the applicant is competent to exercise the privileges of such an organisation in this Part; and

(b) the applicant has submitted a continuing airworthiness management exposition that satisfies the requirement specified in paragraph (3).

(3) The requirement referred to in paragraph (2)(b) is that the continuing airworthiness management exposition satisfies the requirements in CAA publication CAP 553 entitled “British Civil Airworthiness Requirements Section A - Airworthiness Procedures where the CAA has Primary Responsibility for Type Approval of the Product , Issue 8 Amendment 1, dated 15 December 2017” ....

(4) The continuing airworthiness management exposition and any amendments to it must be approved by the CAA.

Approval of aeroplane and rotorcraft maintenance organisation

62

(1) Any person may apply to the CAA for approval as an aeroplane and rotorcraft maintenance organisation.

(2) The CAA must approve a person as an aeroplane and rotorcraft maintenance organisation for the purposes of this Part if it is satisfied that the applicant is competent to exercise the privileges of such an organisation in this Part.

General provisions concerning airworthiness reviews

63

(1) A copy of any national airworthiness review certificate issued or extended for an aircraft must be sent to the CAA within 10 days of the date of its issue or extension.

(2) Should the outcome of the airworthiness review be inconclusive, the person who has carried out the review must inform the CAA and must not issue or extend the certificate without the approval of the CAA.

(3) In this Part, “an aircraft in a controlled environment” is an aircraft—

(a) which, during the previous 12 months has been continuously managed by a continuing airworthiness management organisation approved in accordance with article 61; and

(b) in respect of which during the previous 12 months any maintenance has been carried out in accordance with paragraph (4).

(4) Maintenance is carried out in accordance with this paragraph if it is carried out by a maintenance organisation which is approved under article 48(1)(b).

(5) Whenever circumstances reveal the existence of a potential safety threat, the CAA may carry out the airworthiness review and issue the national airworthiness review certificate itself.

(6) When the CAA carries out the airworthiness review or issues the national airworthiness review certificate itself, the owner or operator must provide the CAA with—

(a) the documentation required by the CAA;

(b) suitable accommodation at the appropriate location for its personnel; and

PART 5 — Operations

CHAPTER 1 — Interpretation and application

Meaning of “non-EASA aircraft” in this Part

64

For the purposes of this Part, “non-Part-21 aircraft” means an aircraft which, when conducting the flight or operation, is not subject to any of Annexes III to VIII of the ... Air Operations Regulation.

Application of Chapters 2 and 7

65

Chapters 2 (other than articles 77(1) and 79) and 7 apply only to non-Part-21 aircraft.

CHAPTER 2 — Operational rules for Non-Part-21 aircraft

SECTION 1 — Crew required to be carried

Flight crew required by aircraft registered elsewhere than in the United Kingdom

66

(1) This article applies to an aircraft registered in a country other than the United Kingdom.

(2) An aircraft must not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.

Flight crew required by aircraft registered in the United Kingdom

67

(1) An aircraft registered in the United Kingdom must carry a flight crew adequate in number and description to ensure the safety of the aircraft.

(2) An aircraft—

(a) which has a flight manual, must carry a flight crew of at least the number and description specified in that flight manual;

(b) which does not currently have a flight manual but has done in the past, must carry a flight crew of at least the number and description specified in that flight manual.

SECTION 2 — Duties of Pilot in Command

Responsibilities and authority of pilot in command

68

The pilot in command of an aircraft is responsible—

(a) before every flight, for defining the roles and duties of each crew member;

(b) for the operation and safety of the aircraft and for the initiation, continuation, termination or diversion of a flight in the interest of safety; and

Obligations of pilot in command

69

(1) The pilot in command must only use aerodromes and operating sites that are adequate for the type of aircraft and operation concerned.

Flight preparation2Before commencing a flight the pilot in command must be satisfied that—athe flight can be made safely, taking into account the latest information available as to the route and aerodrome to be used; andbthe ground and water facilities, including any required communication and navigation facilities, are adequate for the intended flight.

Operating procedures3The pilot in command must ensure that—athe flight is performed in such a way that the operating procedures specified in the flight manual, or where required the operations manual, for the preparation and execution of the flight are followed; andbprocedures are established and followed for any reasonably foreseeable emergency situation.

Meteorological conditions4The pilot in command must only commence or continue—aa Visual Flight Rules flight if—ithe latest available meteorological information indicates that the weather conditions along the route and at the intended destination aerodrome at the estimated time of use will be at or above the applicable Visual Flight Rules operating minima; andiithe pilot in command has planned an alternative course of action to provide for the eventuality that the flight cannot be completed as planned because of weather conditions;ba flight under Instrument Flight Rules towards the planned destination aerodrome if the latest available meteorological information indicates that, at the estimated time of arrival, the weather conditions at the destination or at least one destination alternate aerodrome are at or above the applicable aerodrome operating minima notified, prescribed or otherwise designated by the relevant competent authority.

Selection of destination alternate aerodrome5If, according to the information available, an aircraft would be required to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot in command of the aircraft must select before take-off a destination alternate aerodrome unless no aerodrome suitable for that purpose is available.6A flight to be conducted in accordance with the Instrument Flight Rules to an aerodrome when no suitable destination alternate aerodrome is available must not be commenced by the pilot in command unless—aan instrument approach procedure notified, prescribed or otherwise designated by the relevant competent authority is available for the aerodrome of intended landing; andbavailable current meteorological information indicates that visual meteorological conditions will exist at the aerodrome of intended landing from two hours before until two hours after the estimated time of arrival.

Navigation and landing during loss of navigational capability7The pilot in command must ensure that sufficient means are available to navigate and land at the destination aerodrome or at any destination alternate aerodrome in the case of loss of navigational capability for the intended approach and landing operation.

Airworthiness, equipment, baggage and cargo8The pilot in command must ensure that—athe aircraft is airworthy;binstruments and equipment required for the execution of the flight are installed in the aircraft and are operative, unless operation with inoperative or missing equipment is permitted by ... the CAA;call equipment, baggage and cargo are properly loaded and secured and that an emergency evacuation of the aircraft remains possible.

Mass and balance requirements9The pilot in command must ensure that during any phase of operation, the loading, the mass and, except for balloons, the centre of gravity position of the aircraft comply with any limitation specified in the flight manual, the weight schedule required by article 43, or equivalent document.

Fuel, oil and ballast10The pilot in command must ensure that—ain the case of a flying machine or airship, sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies;bin the case of a public transport flight, the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with; andcin the case of an airship or balloon, sufficient ballast is carried for the intended flight.

Performance based navigation11The pilot in command must ensure that when performance based navigation is required for the route or procedure to be flown—athe relevant performance based navigation specification is stated in the flight manual or other document that has been approved by the CAA or another competent authority;bany navigational database required for performance based navigation is suitable and current; andcthe aircraft is operated in conformity with the relevant navigation specification and limitations in the flight manual or other document mentioned in sub-paragraph (a).

Pilot to remain at controls and be secured in seat

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(1) During flight, the pilot in command must—

(a) keep any safety belt fastened while at the pilot's station; and

(b) remain at the controls of the aircraft at all times except if another pilot is taking the controls.

(2) If the aircraft is required by or under this Order to carry two pilots, the pilot in command must cause both pilots to remain at the controls during take-off and landing.

(3) If the aircraft carries two or more pilots (whether or not it is required to do so) and is flying on a flight for the purpose of the public transport of passengers, the pilot in command must remain at the controls during take-off and landing.

(4) An operator must not permit a helicopter rotor to be turned under power for the purpose of making a flight unless there is a person at the controls entitled in accordance with article 137 to act as pilot in command of the helicopter.

Passengers to be seated and properly secured

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The pilot in command of an aircraft other than a balloon must ensure that—

(a) prior to and during taxiing, take-off and landing; and

(b) whenever deemed necessary in the interest of safety,

each passenger on board occupies a seat or berth and has their safety belt or restraint device properly secured.

Survival equipment

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(1) This article applies to any aircraft registered in the United Kingdom.

(2) The pilot in command must be satisfied on reasonable grounds before take-off that the aircraft carries such additional equipment as the pilot in command reasonably considers necessary for the purposes of facilitating the survival of the persons carried in the aircraft.

(3) In complying with paragraph (2) the pilot in command must have regard to the circumstances of the intended flight, including in particular the likelihood of ditching and the availability of search and rescue facilities.

(4) The pilot in command must determine the risks to survival of the occupants of the aircraft in the event of a ditching when deciding if life-jackets must be worn by all occupants.

Passenger briefings

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(1) The pilot in command must ensure that before or, where appropriate, during the flight, passengers are given a briefing on emergency equipment and procedures.

(2) This article does not apply to the pilot in command of an aircraft registered in the United Kingdom in relation to a flight under and in accordance with the terms of a police air operator's certificate.

Demonstration and use of oxygen

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(1) The pilot in command must ensure that—

(a) before or, where appropriate, during the flight, passengers are given a briefing on use of supplemental oxygen where it is proposed that during the flight the cabin altitude will exceed 13,000 feet;

(b) the pilot and flight crew members engaged in performing duties essential to the safe operation of an aircraft in flight use supplemental oxygen continuously whenever the cabin altitude exceeds—

(i) 10,000 feet for a period of more than 30 minutes; or

(ii) 13,000 feet; and

SECTION 3 — Take-off and landing conditions

Take-off and landing conditions

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(1) Before commencing take-off, the pilot in command—

(a) of a balloon must be satisfied that, according to the information available, the weather at the operating site or aerodrome would not prevent a safe take-off and departure;

(b) of all other aircraft must be satisfied that—

(i) according to the information available, the weather at the aerodrome or operating site and the condition of the runway or final approach and take-off area intended to be used would not prevent a safe take-off and departure; and

(ii) aerodrome operating minima notified, prescribed or otherwise designated by the relevant competent authority will be complied with.

(2) Before commencing an approach to land, the pilot in command must be satisfied that, according to the information available, the weather at the aerodrome or the operating site and the condition of the runway or final approach and take-off area intended to be used would not prevent a safe approach, landing or missed approach.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aerodrome operating minima

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The Air Navigation Order 2016

Citation and commencement

1

PART 1 — Interpretation and categorisation

CHAPTER 1 — Interpretative matter

Interpretation

2

Meaning of “in flight”

3

Meaning of “operator”

4

Meaning of “aerodrome traffic zone”

5

Meaning of “public transport”

6

Meaning of “commercial operation”

7

CHAPTER 2 — Categorisation as public transport or commercial operation

Application of Chapter

8

Public transport – special rule for associations of persons

9

Public transport – special rule for groups of companies

10

Public transport and commercial operations – exceptions – flying displays

11

Public transport and commercial operations – exceptions – charity flights

12

Public transport and commercial operations – exceptions – cost sharing

13

Public transport and commercial operations – exceptions – parachuting

14

Public transport – exceptions – introductory flights

15

Public transport and commercial operations – exceptions – glider towing

16

PART 2 — Application of the Order

Extra-territorial effect of the Order

17

Aircraft in transit over certain United Kingdom territorial waters

18

Application of the Order to British-controlled aircraft registered elsewhere than in the United Kingdom

19

Application of the Order to the Crown

20

Application of the Order to visiting forces

21

Application of the Order to military aircraft

22

Exceptions from application of provisions of the Order for certain classes of aircraft

23

PART 3 — Registration and marking

Aircraft to be registered

24

CAA to register aircraft in the United Kingdom

25

Who may register aircraft in the United Kingdom

26

Application for registration

27

Changes to the register

28

Aircraft which are entered in the Register of Aircraft Mortgages

29

Aircraft subject to an international interest

30

General provisions concerning registration

31

Nationality and registration marks

32

PART 4 — Airworthiness of Aircraft

CHAPTER 1 — Airworthiness – general

Certificate of airworthiness to be in force

33

Issue of airworthiness directives for EASA aircraft

34

Requirement for a certificate of release to service for EASA aircraft

35

Licensing of maintenance engineers

36