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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

Source legislation.gov.uk

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(10) The person in charge of any air traffic service equipment must preserve any record made in compliance with paragraph (5) or (8) for 30 days from the date on which the terms or content of the message or signal were recorded or for such longer period as the CAA may in a particular case direct.

(11) A person required by this article to preserve any record by reason of being the person in charge of the air traffic service equipment is in this article called “the first person in charge”.

(12) If the first person in charge ceases to be in charge of the air traffic service equipment, they must continue to preserve the record until paragraph (14) is complied with.

(13) In the event of the death of the first person in charge, the duty to preserve the record falls on their personal representative.

(14) If another person becomes the person in charge of the air traffic service equipment, the first person in charge or their personal representative must deliver the record to that other person on demand, and it is the duty of that other person to deal with any such record as if they were the first person in charge.

(15) The person in charge of any air traffic service equipment must within a reasonable time after being requested to do so by an authorised person produce any record required to be preserved under this article to that authorised person.

(16) This article does not apply to any air traffic service equipment of which the person solely in charge is the Secretary of State.

PART 8 — Aerodromes, lighting and en-route obstacles

CHAPTER 1 — Aerodromes, aeronautical lights and dangerous lights

Requirement to use national licensed, EASA certified or Government aerodrome

207

(1) This article applies to any aircraft flying on a flight specified in article 208.

(2) An aircraft to which this article applies must not take off or land at a place in the United Kingdom other than—

(a) a national licensed aerodrome which is licensed for the take-off and landing of such aircraft;

(b) a certified aerodrome which may under its certificate be used for the take-off and landing of such aircraft;

(d) a Government aerodrome where the person in charge of the aerodrome has given permission for the particular aircraft to take off or land.

(3) When taking off or landing at an aerodrome specified in paragraph (2), an aircraft to which this article applies must do so in accordance with any conditions subject to which the aerodrome may have been certified, licensed or notified, or subject to which such permission may have been given.

Flights which must use licensed or Government aerodrome

208

(1) Subject to paragraph (6), article 207 applies to any aeroplane which has a maximum take-off mass of more than 5,700kg flying on a flight—

(a) for the purpose of the commercial air transport of passengers or the public transport of passengers;

(b) 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, a night rating or a night qualification in a licence; or

(c) for the purpose of carrying out flying examinations for the grant of a pilot's licence or the inclusion of an aircraft rating or a night rating in a licence.

(2) Subject to paragraph (6), article 207 applies to any aeroplane which has a maximum take-off mass of not more than 5,700kg flying on a flight which is—

(a) a scheduled journey for the purpose of the commercial air transport of passengers or the public transport of passengers;

(b) for the purpose of the commercial air transport of passengers or the public transport of passengers and which begins and ends at the same aerodrome; or

(c) for the purpose of the commercial air transport of passengers or the public transport of passengers and which is at night.

(3) Subject to paragraph (6), article 207 applies to any helicopter or gyroplane flying on a flight which is a scheduled journey for the purpose of the public transport of passengers.

(4) Subject to paragraph (6), article 207 applies to any helicopter or gyroplane of which the maximum take-off mass is more than 3,175kg flying on a flight—

(a) 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, a night rating or a night qualification in a licence; or

(b) for the purpose of a flying test for the grant of a pilot's licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence.

(5) Subject to paragraph (6), article 207 applies to any glider (other than a glider being flown under arrangements made by a flying club and carrying no person other than a member of the club) flying on a flight for the purpose of—

(a) the public transport of passengers; or

(b) instruction in flying.

(6) Article 207 does not apply to an aircraft flying under and in accordance with the terms of a police air operator's certificate.

Aerodromes – use for purposes of flying instruction and testing

209

(1) The operator of an aerodrome which is neither a national licensed aerodrome nor a certified aerodrome must not permit an aircraft flying or intended to fly for a purpose specified in paragraph (3) to take off from or land at the aerodrome unless satisfied on reasonable grounds that the aerodrome has adequate facilities for the safe conduct of such flights.

(2) The pilot in command of an aircraft must not take off from or land at an aerodrome which is neither a national licensed aerodrome nor a certified aerodrome on a flight for a purpose specified in paragraph (3) unless satisfied on reasonable grounds that the aerodrome has adequate facilities for the safe conduct of such flights.

(3) A flight is for a purpose specified in this paragraph if it is for the purpose of—

(a) 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, a night rating or a night qualification in a licence; or

(b) carrying out flying examinations for the grant of a pilot's licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence.

Helicopters flying for public transport at night

210

(1) The person in charge of any area in the United Kingdom intended to be used for the take-off or landing of helicopters at night must cause there 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 at night, such lighting as will enable the pilot of the helicopter—

(a) when landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing; and

(b) when taking off, to make a safe take-off.

(2) A helicopter flying for the purpose of the public transport of passengers at night must not take off or land at a place to which paragraph (1) applies unless there is in operation such lighting.

(3) Paragraph (1) does not apply to an aerodrome specified in article 207(2).

Use of Government aerodromes

211

With the concurrence of the Secretary of State and subject to such conditions it deems appropriate, the CAA may notify any Government aerodrome as an aerodrome available for the take-off and landing of aircraft flying on flights for the purpose of—

(a) the commercial air transport of passengers;

(b) the public transport of passengers; or

or of any classes of such aircraft.

Licensing of aerodromes

212

(1) The CAA must grant a licence (“a national aerodrome licence”) for any ... aerodrome in the United Kingdom for which the operator is not required by the Aerodromes Regulation to hold an aerodrome certificate if it is satisfied that—

(a) the applicant is competent, having regard to its previous conduct and experience, and its 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;

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

(d) the aerodrome manual submitted under paragraph (9) is adequate.

(2) If the CAA grants a national aerodrome licence it may do so subject to such conditions it deems appropriate.

(3) Subject to paragraph (4) and article 253, a national aerodrome licence remains in force for the period specified in the licence.

(4) A national aerodrome licence expires immediately in the event that an ... aerodrome certificate is issued for the aerodrome.

(5) A national aerodrome licence holder must supply to any person on request information concerning the terms of the licence.

(6) A national aerodrome licence holder must not contravene or cause or permit to be contravened any condition of the national aerodrome licence at any time in relation to an aircraft flying on a flight specified in article 208, but the licence does not cease to be valid by reason only of such a contravention.

(7) A national aerodrome licence holder must take all reasonable steps to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.

(8) On making an application for an aerodrome licence the applicant must submit to the CAA an aerodrome manual for that aerodrome.

(9) An aerodrome manual required under this article must contain all such information and instructions as may be necessary to enable the aerodrome operating staff to perform their duties as such including, in particular, information and instructions relating to the matters specified in Schedule 12.

(10) Every national aerodrome licence holder must—

(a) supply to the CAA any amendments or additions to the aerodrome manual before or immediately after they come into effect;

(b) without prejudice to sub-paragraph (a), make such amendments or additions to the aerodrome manual as the CAA may require for the purpose of ensuring the safe operation of aircraft at the aerodrome or the safety of air navigation; and

(c) maintain the aerodrome manual and make such amendments as may be necessary for the purposes of keeping its contents up to date.

(11) Every national aerodrome licence holder must make available to each member of the aerodrome operating staff a copy of the aerodrome manual, or a copy of every part of the aerodrome manual which is relevant to their duties and ensure that each such copy is kept up to date.

(12) Every national aerodrome licence holder must take all reasonable steps to secure that all members of the aerodrome operating staff—

(a) are aware of the contents of every part of the aerodrome manual which is relevant to their duties; and

(b) undertake their duties in conformity with the relevant provisions of the manual.

(13) In this article—

“aerodrome operating staff” means all persons (whether or not the national aerodrome licence holder and whether or not employed by the national aerodrome licence holder) whose duties—are concerned with ensuring that the aerodrome and airspace within which its visual traffic pattern is normally contained are safe for use by aircraft; orrequire them to have access to the aerodrome manoeuvring area or apron;

“national aerodrome licence holder” means a person who has been granted a licence under paragraph (1);

“visual traffic pattern” means—the aerodrome traffic zone of the aerodrome; orin the case of an aerodrome which is not notified for the purposes of rule 11 of the Rules of the Air Regulations 2015, the airspace which would comprise the aerodrome traffic zone of the aerodrome if it were so notified.

Issue of aerodrome safety directives for national licensed aerodromes

213

(1) The CAA may issue a directive (“an aerodrome safety directive”) to a national aerodrome licence holder if it has determined the existence of an unsafe condition at a national licensed aerodrome which requires immediate action.

(2) An aerodrome safety directive must contain, as a minimum, the following information—

(a) details of the unsafe condition;

(b) the actions required and the rationale for requiring them; and

Public use licence

214

(1) If the applicant for a national aerodrome licence requests or if the CAA considers that an aerodrome should be available for the take-off or landing of aircraft to all persons on equal terms and conditions, the CAA may grant a national aerodrome licence with a public use condition in addition to any other conditions.

(2) A public use condition is a condition that the aerodrome is to be available to all persons on equal terms and conditions at all times when it is available for the take-off or landing of aircraft.

(3) A national aerodrome licence with a public use condition is in this Order referred to as “a public use licence”.

(4) The holder of a public use licence must cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft flying on flights for the purpose of the commercial air transport of passengers, the public transport of passengers or instruction in flying.

Charges at aerodromes with a public use licence

215

The holder of a public use licence must, when required by the Secretary of State, supply to the Secretary of State such information as he may require about 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

216

The person in charge of any aerodrome in the United Kingdom which is open to public use by aircraft registered in the United Kingdom must cause the aerodrome and all of its air navigation facilities 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.

Powers of aerodrome firefighters in an emergency

217

(1) A member of the Rescue and Fire Fighting Service at a national licensed aerodrome or a certified aerodrome may do anything on the aerodrome the member reasonably believes to be necessary—

(a) if the member reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;

(b) if the member reasonably believes an aircraft accident or incident to have occurred, for the purpose of rescuing people or protecting them from serious harm; or

(c) for the purpose of preventing or limiting damage to property resulting from any action taken as mentioned in sub-paragraph (a) or (b).

(2) In particular, a member of the Rescue and Fire Fighting Service at a national licensed aerodrome or a certified aerodrome, when acting in accordance with paragraph (1), may on the aerodrome—

(a) enter an aircraft, by force if necessary, without the consent of the owner or operator;

(b) restrict the access of persons to an aircraft, premises or a place.

(3) A person who without reasonable excuse obstructs or interferes with a member of the Rescue and Fire Fighting Service at a national licensed aerodrome or a certified aerodrome taking action authorised under this article commits an offence.

Noise and vibration caused by aircraft on aerodromes

218

(1) The Secretary of State may prescribe the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, national licensed aerodromes, ...certified aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft.

(2) Section 77(2) of the Civil Aviation Act 1982 applies to any aerodrome in relation to which the Secretary of State has prescribed conditions in accordance with paragraph (1).

Customs and Excise aerodromes

219

(1) The Secretary of State may, with the concurrence of the Commissioners for Revenue and Customs and subject to such conditions as they may think fit, by order designate any aerodrome to be a place for the landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs and excise.

(2) The Secretary of State may, with the concurrence of the Commissioners for Revenue and Customs, by order revoke any designation so made.

Aviation fuel at aerodromes

220

(1) Subject to paragraph (3), an aviation fuel installation manager must not cause or permit any fuel to be delivered to the installation unless satisfied that—

(a) the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in aircraft;

(b) the installation is marked in a manner appropriate to the grade of fuel stored or if different grades are stored in different parts each part is so marked; and

(c) in the case of delivery from a vehicle or vessel, the fuel has been sampled and is of a grade appropriate to that installation and is fit for use in aircraft.

(2) Subject to paragraph (3), an aviation fuel installation manager must not cause or permit any fuel to be dispensed from the installation to an aircraft unless satisfied as the result of sampling that the fuel is fit for use in aircraft.

(3) Paragraph (1) does not apply to fuel which has been removed from an aircraft and is intended for use in another aircraft operated by the same operator as the aircraft from which it has been removed.

(4) The aviation fuel installation manager must keep a written record for each installation of which they have the management, which record must include detailed information about—

(a) the grade and quantity of aviation fuel delivered and the date of delivery;

(b) all samples taken of the aviation fuel and of the results of tests of those samples; and

(5) The aviation fuel installation manager must—

(a) preserve the written record required under paragraph (4) for 12 months or such longer period as the CAA may in a particular case direct; and

(b) within a reasonable time after being requested to do so by an authorised person, produce such record to that person.

(6) A person must not cause or permit any aviation fuel to be dispensed for use in an aircraft if the person knows or has reason to believe that the aviation fuel is not fit for use in aircraft.

(7) If it appears to the CAA or an authorised person that any aviation fuel is intended or likely to be delivered in contravention of any provision of this article, the CAA or that authorised person may direct the aviation fuel installation manager not to permit aviation fuel to be dispensed from that installation until the direction has been revoked by the CAA or by an authorised person.

(8) In this article—

“aviation fuel” means fuel intended for use in aircraft;

“aviation fuel installation” means any apparatus or container, including a vehicle, designed, manufactured or adapted for the storage of aviation fuel or for the delivery of such fuel to an aircraft;

“aviation fuel installation manager” means a person who has the management of any aviation fuel installation on an aerodrome in the United Kingdom.

CHAPTER 2 — Lights and lighting

Aeronautical lights

221

(1) Except with the permission of the CAA and in accordance with any conditions subject to which the permission may be granted, a person must not establish, maintain or alter the character of—

(a) an aeronautical beacon within the United Kingdom; or

(b) any aeronautical ground light (other than an aeronautical beacon) at a national licensed aerodrome, or which forms part of the lighting system for use by aircraft taking off from or landing at such an aerodrome.

(2) In the case of an aeronautical beacon which is or may be visible from the waters within an area of a general lighthouse authority, the CAA must not give its permission for the purpose of this article except with the consent of that authority.

(3) A person must not intentionally or negligently damage or interfere with any aeronautical ground light established by or with the permission of the CAA.

Lighting of en-route obstacles

222

(1) The person in charge of an en-route obstacle must ensure that it is fitted with medium intensity steady red lights positioned as close as possible to the top of the obstacle and at intermediate levels spaced so far as practicable equally between the top lights and ground level with an interval of not more than 52 metres.

(2) The person in charge of an en-route obstacle must, subject to paragraph (3), ensure that by night the lights required to be fitted by this article are displayed.

(3) In the event of the failure of any light which is required by this article to be displayed by night the person in charge must repair or replace the light as soon as reasonably practicable.

(4) At each level on the obstacle where lights are required to be fitted, sufficient lights must be fitted and arranged so as to show when displayed in all directions.

(5) In any particular case the CAA may direct that an en-route obstacle must be fitted with and must display such additional lights in such positions and at such times as it may specify.

(6) A permission may be granted for the purposes of this article for a particular case or class of cases or generally.

(7) This article does not apply to any en-route obstacle for which the CAA has granted a permission to the person in charge permitting that person not to fit and display lights in accordance with this article.

(8) In this article, an “en-route obstacle” means any building, structure or erection, the height of which is 150 metres or more above ground level, but it does not include a building, structure or erection—

(a) which is in the vicinity of a national licensed aerodrome or a certificated aerodrome; and

(b) to which section 47 of the Civil Aviation Act 1982 (warning of presence of obstructions near licensed aerodromes) applies.

Lighting of wind turbine generators in United Kingdom territorial waters

223

(1) Subject to paragraph (10), this article applies to any wind turbine generator—

(a) the height of which is 60 metres or more above the level of the sea at the highest astronomical tide; and

(b) which is situated in waters within or adjacent to the United Kingdom up to the seaward limits of the territorial sea.

(2) Subject to paragraph (3) the person in charge of a wind turbine generator must ensure that it is fitted with at least one medium intensity steady red light positioned as close as reasonably practicable to the top of the fixed structure.

(3) If four or more wind turbine generators are located together in the same group, with the permission of the CAA only those on the periphery of the group need be fitted with a light in accordance with paragraph (2).

(4) Subject to paragraph (5), the light or lights required by paragraph (2) must be so fitted as to show when displayed in all directions without interruption.

(5) When displayed—

(a) the angle of the plane of the beam of peak intensity emitted by the light must be elevated to between three and four degrees above the horizontal plane;

(b) not more than 45% or less than 20% of the minimum peak intensity specified for a light of this type is to be visible at the horizontal plane;

(c) not more than 10% of the minimum peak intensity specified for a light of this type is to be visible at a depression of 1.5 degrees or more below the horizontal plane.

(6) Subject to paragraph (7), the person in charge of a wind turbine generator must ensure that by night, any light required to be fitted by this article is displayed.

(7) In the event of the failure of any light which is required by this article to be displayed by night the person in charge of a wind turbine generator must repair or replace the light as soon as reasonably practicable.

(8) If visibility in all directions from every wind turbine generator in a group is more than 5km the light intensity for any light required by this article to be fitted to any generator in the group and displayed may be reduced to not less than 10% of the minimum peak intensity specified for a light of this type.

(9) In any particular case the CAA may direct that a wind turbine generator must be fitted with and display such additional lights in such positions and at such times as it may specify.

(10) This article does not apply to any wind turbine generator for which the CAA has granted a permission to the person in charge permitting that person not to fit and display lights in accordance with this article.

(11) A permission may be granted for the purposes of this article for a particular case or class of cases or generally.

(12) In this article—

(a) “wind turbine generator” is a generating station which is wholly or mainly driven by wind;

(b) the height of a wind turbine generator is the height of the fixed structure or if greater the maximum vertical extent of any blade attached to that structure; and

(c) a wind turbine generator is in the same group as another wind turbine generator if the same person is in charge of both and—

(i) it is within 2km of that other wind turbine generator; or

(ii) it is within 2km of a wind turbine generator which is in the same group as that other wind turbine generator.

Lights liable to endanger

224

(1) A person must not exhibit in the United Kingdom any light which—

(a) by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or

(b) by reason of its liability to be mistaken for an aeronautical ground light is liable to endanger aircraft.

(2) If any light which appears to the CAA to be a light described in paragraph (1) is exhibited, the CAA may direct the person who is the occupier of the place where the light is exhibited or who has charge of the light, to take such steps within a reasonable time as are specified in the direction—

(a) to extinguish or screen the light; and

(b) to prevent in the future the exhibition of any other light which may similarly endanger aircraft.

(3) The direction may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.

(4) In the case of a light which is or may be visible from any waters within the area of a general lighthouse authority, the power of the CAA under this article must not be exercised except with the consent of that authority.

Lights which dazzle or distract

225

A person must not in the United Kingdom direct or shine any light at any aircraft in flight so as to dazzle or distract the pilot of the aircraft.

PART 9 — Documents and records

Aircraft continuing airworthiness record system for non-Part-21 aircraft

226

(1) In addition to any other log books required to be kept by or under this Order, aircraft continuing airworthiness records must be kept for non-Part-21 aircraft registered in the United Kingdom, comprising of—

(a) an aircraft log book;

(b) a separate engine log book or engine module log cards for each engine fitted in the aircraft; and

(d) log cards for any service life limited component, as appropriate.

(2) The continuing airworthiness records must include the information specified in Schedule 7.

(3) Each entry in the continuing airworthiness records—

(a) must be made—

(i) in the case of a certificate of release to service, as soon as practicable, but in no case more than 30 days after the date on which the maintenance was completed;

(ii) in all other cases, as soon as practicable after the occurrence to which it relates, but in no event more than 7 days after the expiration of the national airworthiness review certificate in force for the aircraft at the time of the occurrence;

(b) must be made on each occasion that any overhaul, repair, replacement, modification, maintenance or inspection is undertaken on the engine or propeller;

(d) where it is necessary to correct an earlier entry in the aircraft continuing airworthiness records, must be made in a manner that clearly shows the original entry.

(4) Any document which is incorporated by reference in the continuing airworthiness records is deemed, for the purposes of this Order, to be part of the continuing airworthiness records.

(5) It is the duty of the operator of every aircraft for which continuing airworthiness records are required to be kept to—

(a) keep them or cause them to be kept in accordance with this article; and

(b) present them to the CAA upon request.

(6) Subject to article 238, continuing airworthiness records must be preserved by the operator of the aircraft in accordance with paragraph 4 of Schedule 7.

(7) The operator must ensure that—

(a) when an aircraft is permanently transferred from one operator to another, the continuing airworthiness records and, if applicable, operator's technical log are also transferred;

(b) when the continuing airworthiness management tasks are contracted to a continuing airworthiness management organisation, the continuing airworthiness records are transferred to the organisation.

(8) Where a transfer of the continuing airworthiness records and, if applicable, operator's technical log happens in accordance with paragraph (7), the time periods for retention of records or log in paragraph 4 of Schedule 7 apply to the new operator or continuing airworthiness management organisation.

Technical log for non-EASA aircraft

227

(1) This article applies to each non-Part-21 aircraft registered in the United Kingdom for which a certificate of airworthiness is in force and which is a commercial air transport aircraft, public transport aircraft or commercial operation aircraft.

(2) Subject to paragraph (3), a technical log containing the information in paragraph 5 of Schedule 7 must be kept for every aircraft to which this article applies.

(3) In the case of an aircraft which has a maximum total weight authorised of 2,730kg or less and which is not operated by the holder of a national air operator's certificate, a record approved by the CAA (in this article called “an approved record”) may be kept instead of a technical log.

(4) Subject to paragraph (5), at the end of every flight the pilot in command must enter in the technical log or the approved record—

(a) the times when the aircraft took off and landed;

(b) information about any defect which is known to the pilot in command and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to the pilot in command, an entry to that effect; and

and must sign and date the entries.

(5) Subject to paragraph (6), if there are two or more consecutive flights, each of which begins and ends—

(a) within the same period of 24 hours;

(b) at the same aerodrome, except where each such flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and

the pilot in command may make the entries specified in paragraph (4) at the end of the last of such consecutive flights.

(6) Paragraph (5) does not apply if the pilot in command becomes aware of a defect during an earlier flight.

(7) When any defect which has been entered in a technical log or approved record is rectified the person issuing a certificate of release to service issued under this Order or in respect of that defect must enter the certificate in the technical log or approved record in such a position as to be readily identifiable with the defect to which it relates.

(8) Subject to paragraph (9) and Schedule 10, the technical log or approved record—

(a) must be carried in the aircraft when article 229 so requires; and

(b) a copy of the entries required by this article must be kept on the ground.

(9) In the case of an aircraft with a maximum take-off mass of not more than 2,730kg and which is not a commercial air transport aircraft, a public transport aircraft or a non-military state aircraft, if it is not reasonably practicable for the copy of the technical log or approved record to be kept on the ground it may be carried in the aircraft.

(10) Subject to article 238, a technical log or approved record required by this article must be preserved by the operator of the aircraft to which it relates for at least two years after the aircraft has been destroyed or has been permanently withdrawn from use, or for such shorter period as the CAA may permit in a particular case.

Personal flying log

228

(1) A personal flying log must be kept by—

(a) every member of the flight crew of an aircraft registered in the United Kingdom; and

(b) every person who engages in flying for the purpose of qualifying for the—

(i) grant of a flight crew licence under this Order;

(ii) grant of a flight crew licence issued by the CAA under Part-FCL;

(iii) grant, renewal or revalidation of a rating or certificate under this Order; or

(iv) grant, renewal or revalidation of a certificate under Part-FCL.

(2) The information to be recorded is—

(a) the name and address of the holder of the log;

(b) detailed information about the holder's licence (if any) to act as a member of the flight crew of an aircraft; and

(3) Detailed information about each flight during which the holder of the log acted either—

(a) as a member of the flight crew of an aircraft; or

(b) for the purpose of qualifying for the grant, renewal or revalidation of a licence, rating or certificate under this Order or Part-FCL,

must be recorded in the log as soon as reasonably practicable after the end of each flight.

(4) The information recorded in accordance with paragraph (3) must include—

(a) the date, the places at which the holder of the log embarked on and disembarked from the aircraft and the time spent during the course of a flight when the holder was acting in either capacity;

(b) the type and registration marks of the aircraft;

(d) information about any special conditions under which the flight was conducted, including night flying and instrument flying; and

(e) information about any test or examination undertaken by the holder of the log whilst in flight.

(5) Information about any test or examination undertaken whilst in a flight simulator must be recorded in the log, including—

(a) the date of the test or examination;

(b) the type of simulator;

(d) the nature of the test or examination.

(6) For the purposes of this article, a helicopter is in flight from the moment the helicopter's rotor blades start turning until the moment the helicopter comes to rest at the end of the flight and the rotor blades are stopped.

Documents to be carried

229

(1) An aircraft must 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) Subject to paragraphs (3) and (4), an aircraft registered in the United Kingdom must, when in flight, carry documents in accordance with Schedule 10.

(3) Paragraph (2) does not apply to an aircraft flying in accordance with the ... Air Operations Regulation.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Keeping and production of records of exposure to cosmic radiation

230

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Use of flight recording systems

231

(1) On a flight on which a flight data recorder, a cockpit voice recorder or a combined cockpit voice recorder and flight data recorder is required by paragraph 4(4) or (5) of Part 1 of Schedule 6 to be carried in an aeroplane, the recorder must always be in use from the beginning of the take-off run to the end of the landing run.

(2) On any flight on which a cockpit voice recorder, a flight data recorder or a combined cockpit voice recorder and flight data recorder is required by paragraph 4(13) of Part 1 of Schedule 6 to be carried in a helicopter, the recorder must always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped.

Preservation of records of aeroplane flight data recorder

232

(1) Subject to article 238, the operator of an aeroplane must at all times—

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

(b) preserve a record of at least one representative flight made within the last 12 months.

(2) The representative flight referred to in paragraph (1)(b) must include a take-off, climb, cruise, descent, approach to landing and landing.

(3) The record required by paragraph (1)(b) must include a means of identifying the flight to which it relates.

(4) The operator of an aeroplane must preserve the records required by this article for such period as the CAA may direct.

Preservation of records of helicopter flight data recorder

233

(1) This article applies to a helicopter required to carry a flight data recorder specified in paragraph (1) or (2) of Scale SS of paragraph 5 of Part 1 of Schedule 6.

(2) Subject to article 238, the operator of such a helicopter must at all times preserve the last eight hours of recording made by the flight data recorder.

Preservation of records of helicopter cockpit voice recorder and flight data recorder

234

(1) This article applies to any helicopter required to carry a combined cockpit voice recorder and flight data recorder specified in paragraph (3) of Scale SS of paragraph 5 of Part 1 of Schedule 6.

(2) Subject to article 238, the operator of a helicopter must at all times preserve either the last eight hours of recording made by the combined cockpit voice recorder and flight data recorder or the recording specified in paragraph (3).

(3) The recording referred to in paragraph (2) is—

(a) the last five hours of recording or the duration of the last flight, whichever is the greater; and

(b) an additional period of recording in accordance with paragraph (4) and which together with the period preserved under sub-paragraph (a) amounts to eight hours.

(4) The additional period of recording referred to in paragraph (3) is—

(a) the period immediately preceding the period preserved under paragraph (3)(a); or

(b) such period or periods as the CAA may permit in any particular case or class of cases or generally.

(5) The additional recording specified in paragraph (4) must be retained in accordance with arrangements approved by the CAA.

Production of documents and records

235

(1) The pilot in command of an aircraft must, 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 for the aircraft;

(b) the licences of its flight crew; and

(2) The operator of an aircraft registered in the United Kingdom must, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person any of the documents or records specified in paragraph (3) which have been requested by that person.

(3) The documents and records referred to in paragraph (2) are—

(a) the documents referred to in Schedule 10 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;

(d) in the case of a public transport aircraft or commercial operation aircraft, the documents referred to in Schedule 10 as Documents D, E, F and H;

(e) the records of flight times, duty periods and rest periods which the operator is required by article 175(4) 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 operations manuals required to be made available under article 116(4)(a); and

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

(4) The holder of a licence granted or rendered valid under this Order or by the CAA under the ... Aircrew Regulation or of a medical certificate required under article 160 or article 162 or of a medical declaration under article 163 must, within a reasonable time after being requested to do so by an authorised person, cause the licence, including any certificate of validation issued under article 169, the medical certificate or the medical declaration, to be produced to that person.

(5) During the period of two years beginning with the date of the last entry in it every person required by article 228 to keep a personal flying log must cause it to be produced to an authorised person within a reasonable time after being requested to do so by that person.

Production of air traffic service equipment documents and records

236

The holder of an approval under article 205 or 206 must, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person any documents and records relating to any air traffic service equipment used or intended to be used in connection with the provision of a service to an aircraft.

Power to inspect and copy documents and records

237

An authorised person has the power to inspect and copy any certificate, licence, log, declaration, document or record which the authorised person has the power under this Order, under any regulations made under this Order, ... or under a Safety Regulation to require to be produced.

Preservation of documents, etc

238

(1) A person who is required by this Order to preserve any document or record by reason of being the operator of an aircraft is in this article called “the first operator”.

(2) Subject to paragraph (3), if the first operator ceases to be the operator of an aircraft, they must continue to preserve the document or record until paragraphs (4), (5) and (6) have been complied with, as appropriate.

(3) In the event of the death of the first operator the duty to preserve the document or record falls on the first operator's personal representative.

(4) If another person becomes the operator of the aircraft, the first operator or their personal representative must deliver to that other person on demand—

(a) the national airworthiness review certificate and release to service;

(b) the log books;

(d) any record made by a flight data recorder and preserved in accordance with article 233(2) and 234(2),

which are in force or required to be preserved for that aircraft.

(5) If an engine or variable pitch propeller is removed from an aircraft and installed in another aircraft operated by another person, the first operator of the aircraft or their personal representative must deliver to that other person on demand the log book relating to that engine or propeller.

(6) If any person for whom a record has been kept by the first operator in accordance with article 175(4) becomes a member of the flight crew of a public transport aircraft registered in the United Kingdom and operated by another person, the first operator or their personal representative must deliver those records to that other person on demand.

(7) It is the duty of the other person referred to in paragraphs (4), (5) and (6) to deal with the documents or records delivered under those provisions as if they were the first operator.

PART 10 — Prohibited behaviour, directives, rules, powers and penalties

CHAPTER 1 — Prohibited behaviour

Power to prohibit or restrict flying

239

(1) If the Secretary of State decides it is necessary in the public interest to restrict or prohibit flying by reason of—

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

(b) the intended holding of an aircraft race or contest or of a flying display; or

the Secretary of State may make regulations prohibiting, restricting or imposing conditions on flights by aircraft specified in paragraph (2) flying in the circumstances specified in paragraph (2).

(2) The aircraft and circumstances are—

(a) aircraft, whether or not they are registered in the United Kingdom, in any airspace over the United Kingdom or in the neighbourhood of an offshore installation; and

(b) aircraft which are registered in the United Kingdom, in any other airspace, being airspace for which the United Kingdom has, under international arrangements, undertaken to provide navigation services for aircraft.

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

(4) It is an offence to contravene, permit the contravention of or fail to comply with any regulations made under this article.

(5) If the pilot in command of an aircraft becomes aware that the aircraft is flying in contravention of any regulations which have been made for any reason referred to in paragraph (1)(c) the pilot in command must, unless otherwise instructed under paragraph (6), 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 must not begin to descend while over such an area.

(6) The pilot in command of an aircraft flying either within an area for which regulations have been made for any reason referred to in paragraph (1)(c) or within airspace notified as a Danger Area must immediately comply with instructions given by radio by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.

Endangering safety of an aircraft

240

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

Endangering safety of any person or property

241

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

Drunkenness in aircraft

242

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

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

Smoking in aircraft

243

(1) In aircraft to which this paragraph applies, notices indicating when smoking is prohibited must be exhibited so as to be visible from each passenger seat.

(2) Paragraph (1) applies to any aircraft registered in the United Kingdom, other than a Part-CAT aircraft.

(3) A person must 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 pilot in command of the aircraft.

Authority of pilot in command of an aircraft

244

Every person in an aircraft must obey all lawful commands which the pilot in command of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried in the aircraft, or the safety, efficiency or regularity of air navigation.

Acting in a disruptive manner

245

A person must not while in an aircraft—

(a) use any threatening, abusive or insulting words towards a member of the crew of the aircraft;

(b) behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or

Stowaways

246

A person must not secrete themself for the purpose of being carried in an aircraft without the consent of either the operator or the pilot in command or of any other person entitled to give consent to being carried in the aircraft.

Flights over any foreign country

247

(1) The operator and the pilot in command of an aircraft registered in the United Kingdom (or, if the operator's principal place of business or permanent residence is in the United Kingdom, any other aircraft) which is being flown over any foreign country, must not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

(2) A person does not contravene paragraph (1) if that person neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in that paragraph.

(3) Subject to paragraph (4), the operator and the pilot in command of an aircraft registered in the United Kingdom (or, if the operator's principal place of business or permanent residence is in the United Kingdom, any other aircraft) which is being flown over any foreign country must comply with any directions given by the appropriate aeronautical authorities of that country whenever—

(a) the flight has not been duly authorised; or

(b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

(4) A direction under paragraph (3) need not be complied with if to do so would endanger the lives of persons on board or the safety of the aircraft.

(5) A person does not contravene paragraph (3) if that person neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.

(6) The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.

(7) In this article, “appropriate aeronautical authorities” includes any person, whether a member of a country's military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

CHAPTER 2 — Directives and rules of the air

Operational directives

248

(1) The CAA may direct an aircraft operator by means of an operational directive that an operation is prohibited, or must be limited or is subject to specified conditions, in the interests of safe operations.

(2) An operational directive must state—

(a) the reason for its issue;

(b) its applicability and duration; and

(3) An operational directive may be made in respect of one or more operators or one or more classes of operator.

(4) An operational directive may be revoked by the CAA.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An operational directive which applies to a Part-CAT operator in relation to a commercial air transport operation—

(a) must be made subject to and in accordance with article 70(1) of the Basic ... Regulation; ...

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

Rules of the Air

249

(1) The Secretary of State may make regulations (in this article called the “Rules of the Air”) 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;

(d) 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 paragraphs (3) and (4), it is an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air.

(3) It is lawful for the Rules of the Air, or for any obligation in SERA the breach of which would otherwise be an offence under this Order, 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 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.

(4) It is lawful for the Rules of the Air, or for any obligation in SERA the breach of which would otherwise be an offence under this Order, to be departed from by an aircraft of which the pilot in command is acting as such in the course of the pilot in command's duty as a member of any of Her Majesty's naval, military or air forces.

(5) If any departure from the Rules of the Air, or from any obligation in SERA the breach of which would otherwise be an offence under this Order, is made for the purpose of avoiding immediate danger, the pilot in command of the aircraft must cause written detailed information about the departure, and of the circumstances giving rise to it, to be given without delay, and in any event within 10 days of the departure, 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 CAA.

(6) Nothing in the Rules of the Air exonerates 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.

CHAPTER 3 — Foreign registered aircraft

Restriction on carriage, where valuable consideration is given or promised, in aircraft registered elsewhere than in the United Kingdom

250

(1) Unless paragraph (2) or (6) applies, an aircraft registered elsewhere than in the United Kingdom must not take on board or discharge any passengers or cargo in the United Kingdom where valuable consideration is given or promised for the carriage of such persons or cargo.

(1A) The Secretary of State may decide, on the basis of the criteria in the Annex to Regulation 2111/2005, that if an air operator who has not been granted permission under paragraph (2) were to apply for it, that operator should not—

(a) be granted such permission;

(b) be granted such permission in relation to specified aircraft; or

(1B) The Secretary of State may at any time, after reconsideration of the criteria in the Annex to Regulation 2111/2005, decide to revoke or amend a decision under paragraph (1A).

(1C) Where the Secretary of State makes a decision under paragraphs (1A) or (1B), the Secretary of State must notify both the CAA and the air operator concerned.

(1D) The CAA must not determine an application for permission where the Secretary of State has notified the CAA pursuant to paragraph (1C).

(2) This paragraph applies if—

(a) the operator or charterer of the aircraft or the Government of the country in which the aircraft is registered has been granted permission to take on board or discharge any passengers or cargo in the circumstances described in paragraph (1) by—

(i) the Secretary of State; or

(ii) the CAA; and

(b) any conditions, to which such permission may be subject, are satisfied.

(3) Where the Secretary of State decides to determine an application for permission under paragraph (2), the Secretary of State must notify both the CAA and the applicant.

(4) The CAA must not determine an application for permission where the Secretary of State has notified the CAA pursuant to paragraph (3).

(5) In exercising a function under this article, the CAA must take account of any guidance given to it by the Secretary of State (including as to the circumstances in which the Secretary of State expects to determine an application for permission).

(6) This paragraph applies if—

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

(b) an air operator's certificate has been issued to the operator of the aircraft pursuant to the Air Navigation (Overseas Territories) Order 2013.

(7) No operator or charterer of an aircraft in relation to which the prohibition in paragraph (1) applies may hold itself out as a person who may offer to take on board or discharge any passenger or cargo in the United Kingdom where valuable consideration is given or promised except where that person reasonably believes that paragraph (2) or (6) will apply in relation to the relevant aircraft, operator or charterer by the time the relevant flight is made.

(8) For the purposes of this article—

(a) “Regulation 2111/2005” means Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a list of air carriers subject to an operating ban within the United Kingdom and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EEC;

(b) “United Kingdom safety list” means the list established under Article 3 of Regulation 2111/2005.

Filing and approval of tariffs

251

(1) If a permission granted under article 250(2) contains a tariff provision and the Secretary of State so requires, the operator or charterer of the aircraft concerned must file with the CAA the tariff which it proposes to apply on flights to which the said permission relates and the CAA must consider the proposed tariff and may approve or disapprove it.

(2) In this article, “tariff provision”—

(a) means a condition as to any of the following matters—

(i) the price to be charged for the carriage of passengers, baggage or cargo on flights to which a permission granted under article 250(2) relates;

(ii) any additional goods, services or other benefits to be provided in connection with such carriage;

(iii) the prices, if any, to be charged for any such additional goods, services or benefits; and

(iv) the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo; and

(b) includes any condition as to the applicability of any such price, the provision of any such goods, services or benefits or the payment of any such commission or of commission at any such rate.

Restriction on commercial operations in aircraft registered elsewhere than in an EEA state

252

(1) Subject to paragraph (2), an aircraft registered elsewhere than in the United Kingdom must not fly over the United Kingdom for the purpose of commercial operations unless—

(a) the CAA has granted permission to do so to the operator or charterer of the aircraft; and

(b) any conditions, to which such permission may be subject, are satisfied.

(2) This article does not apply to an aircraft—

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

(b) registered in a territory to which the Air Navigation (Overseas Territories) Order 2013 applies; or

CHAPTER 4 — Powers and penalties

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

253

(1) Subject to paragraphs (5) and (6), the CAA may provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under this Order or a Safety Regulation, pending inquiry into or consideration of the case.

(2) The CAA 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.

(3) 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 or a Safety Regulation must surrender it to the CAA within a reasonable time after being required to do so by the CAA.

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

(5) The provisions of this article do not apply in relation to any permission to which article 255 applies.

(6) A flight manual, performance schedule or other document incorporated by reference in a certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the CAA, whether or not after due inquiry.

Provisional suspension or variation of EASA certificates, licences and other documents

254

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation, suspension and variation of permissions, etc granted under article 250 or article 252

255

(1) This article applies to any permission granted by the Secretary of State under article 250 or by the CAA under article 250 or article 252.

(2) Subject to paragraph (7), the Secretary of State or the CAA may revoke, suspend or vary any permission to which this article applies after having given notice to the other and considered representations from the operator or charterer concerned.

(3) Subject to paragraph (7), the Secretary of State or the CAA may without notice revoke, suspend or vary any permission to which this article applies for reasons of urgency, in which case paragraph (4) applies.

(4) Where this paragraph applies, the person who revoked, suspended or varied any permission without notice under paragraph (3) must consider any representations made subsequently by the operator or charterer concerned and in response to such representations may—

(a) confirm, vary or lift the suspension;

(b) confirm the revocation of permission; or

(5) In acting under paragraph (4), the Secretary of State or the CAA must act as soon as reasonably practicable.

(6) In particular, and without limitation, the Secretary of State may exercise the powers under paragraphs (2) and (3) if it appears that—

(a) the operator or charterer has committed a breach of any condition to which the permission is subject;

(b) any agreement between Her Majesty's Government in the United Kingdom and the Government of any other country pursuant to which the permission was granted is no longer in force or that the other Government has breached the agreement;

(c) the operator or charterer who has been granted permission, or a Government of another country which is a party to an agreement referred to in sub-paragraph (b), or the aeronautical authorities of the country concerned, has—

(i) acted in a manner which is inconsistent with or prejudicial to the operation in good faith, according to its object and purpose, of any such agreement; or

(ii) engaged in unfair, discriminatory or restrictive practices to the prejudice of the holder of an air transport licence or a route licence in the operation of air services; or

(d) the operator or charterer, having been granted permission as a result of being designated by the Government of any other country for the purposes of an agreement referred to in sub-paragraph (b)—

(i) is no longer so designated; or

(ii) has conducted itself in such a way or is involved in such circumstances that the Secretary of State considers the exercise of those powers to be necessary or expedient.

(7) The CAA may only exercise the powers in paragraph (2) or (3) if it considers it necessary or expedient to do so for reasons of aviation safety.

Prohibitions in relation to documents and records

256

(1) A person must not, with intent to deceive—

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

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

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

(d) make any false representation in connection with the making of a declaration to the CAA required by or under this Order or by or under a Safety Regulation.

(2) In paragraph (1), a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy.

(3) A person must not intentionally damage, alter or render illegible—

(a) any log book or other record required to be maintained by or under this Order, by or under a Safety Regulation; or

(b) any entry made in such a log book or record.

(4) A person must not—

(a) knowingly make, or procure or assist in the making of, any false entry in or material omission from any log book or record referred to in paragraph (3); or

(b) destroy any such log book or record during the period for which it is required under this Order to be preserved.

(5) All entries made in writing in any log book or record referred to in paragraph (3) must be made in ink or indelible pencil.

(6) A person must 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.

(7) A person must not purport to issue any certificate for the purposes of this Order, any regulations made under this Order or a Safety Regulation ... unless authorised to do so by the relevant legislation.

(8) A person must not issue any certificate referred to in paragraph (7) unless satisfied that all statements in the certificate are correct.

CAA's power to prevent aircraft flying

257

(1) If it appears to the CAA or an authorised person that any aircraft is intended or likely to be flown in any of the circumstances specified in paragraph (2), the CAA or that authorised person may direct in accordance with paragraph (3).

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

(a) where any provision of article 24, 32, 33, 66, 97, 98, 99, 101, ... 103, 122, 136, 137, 231 or 242(2) would be contravened in relation to the flight;

(b) where the flight would be in contravention of any other provision of this Order, of any regulations made under this Order, or of a Safety Regulation ... and be a cause of danger to any person or property whether or not in the aircraft; or

(c) where the aircraft is in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of this Order, of any regulations made under this Order, or of a Safety Regulation ....

(3) If paragraph (1) applies, the CAA or that authorised person may direct the operator or the pilot in command of the aircraft not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the CAA or by an authorised person.

(4) If the CAA or an authorised person has directed under paragraph (3), the CAA or an authorised person may take such steps as are necessary to detain the aircraft.

(5) For the purposes of this article, the CAA or any authorised person may enter and inspect any aircraft.

Grounded aircraft not to fly

258

An aircraft which has been grounded in accordance with paragraph ARO.RAMP.140 of Part-ARO and which has not subsequently been permitted to fly must not be flown.

Secretary of State's power to prevent aircraft flying

259

(1) If it appears to the Secretary of State or an authorised person that any aircraft is intended or likely to be flown in any of the circumstances specified in paragraph (2), the Secretary of State or that authorised person may make a direction in accordance with paragraph (3).

(2) The circumstances referred to in paragraph (1) are where any provision of article 247, 250 or 252 would be contravened in relation to the flight.

(3) If paragraph (1) applies, the Secretary of State or that authorised person may direct the operator or the pilot in command of the aircraft not to permit the aircraft to make a particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Secretary of State or by an authorised person.

(4) The Secretary of State or any authorised person may take such steps as are necessary to detain an aircraft concerning which a direction has been made under paragraph (1).

(5) For the purposes of paragraph (1), the Secretary of State or any authorised person may enter any aerodrome and may enter and inspect any aircraft.

Directions to operators of aircraft to make data available

260

(1) The Secretary of State may give a direction to any person who is an operator of an aircraft referred to in paragraph (2) requiring the operator to take the action referred to in paragraph (3).

(2) The aircraft is one which (alone or in combination with one or more other aircraft operated by the operator) is flown for the carriage of passengers from the United Kingdom (directly or via another country) to another country and is specified in the direction.

(3) The action is the making available electronically of data in respect of all passengers and crew on the aircraft or expected to be on the aircraft.

(4) A direction may be given in respect of—

(a) all aircraft;

(b) any aircraft; or

of which (at the time when the direction is given or at any subsequent time) the person is the operator and which is or are specified in the direction.

(5) A direction must specify—

(a) the competent authorities of the country to whom the data are to be made available electronically; and

(b) the types of data to which the direction relates.

(6) A direction only has effect in relation to data which are collected and contained in the operator's automated reservation system or departure control system.

Right of access to aerodromes and other places

261

(1) Subject to paragraph (2), the CAA and any authorised person has the right of access at all reasonable times—

(a) to any aerodrome for the purpose of inspecting the aerodrome;

(b) to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or any document which it or the authorised person has power to demand under this Order, or for the purpose of detaining any aircraft under the provisions of this Order;

(c) to any place where an aircraft has landed, for the purpose of inspecting the aircraft or any document which it or the authorised person has power to demand under this Order and for the purpose of detaining the aircraft under the provisions of this Order;

(d) to any building or place from which an air traffic control service is being provided or where any air traffic service equipment requiring approval under article 205 is situated for the purpose of inspecting—

(i) any equipment used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground; or

(ii) any document or record which it or the authorised person has power to demand under this Order.

(2) Access to a Government aerodrome may only be obtained with the permission of the person in charge of the aerodrome.

Access and inspection for airworthiness purposes

262

(1) The CAA may cause such inspections, investigations, tests, experiments and flight trials to be made as it deems necessary for the purposes of Part 4 of this Order or for the purposes of Part 21, Part 145 or Part M.

(2) Any person authorised to do so by the CAA may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating to the aircraft and may for that purpose go onto any aerodrome or enter any aircraft factory.

Obstruction of persons

263

A person must not intentionally obstruct or impede any person who is exercising a power or performing a duty under this Order or under a Safety Regulation.

Directions and directives

264

(1) Any person who without reasonable excuse fails to comply with any direction or directive given to that person under any provision of this Order or any regulations made under this Order is deemed for the purposes of article 265 to have contravened that provision.

(2) Where any provision of this Order or any regulations made under this Order gives to a person the power to direct, the person to whom such a power is given also has the power to revoke or vary any such direction or directive.

Offences and penalties

265

(1) Subject to paragraph (2), if any provision of this Order, any regulations made under this Order or a Safety Regulation is contravened in relation to an aircraft, the operator of that aircraft and the pilot in command and, in the case of a contravention of article 250, the charterer of that aircraft, is (without prejudice to the liability of any other person for that contravention) deemed for the purposes of the following provisions of this article to have contravened that provision.

(2) A person will not be deemed to have contravened a provision specified in paragraph (1) if the person proves that the contravention occurred without that person's consent or connivance and that that person exercised all due diligence to prevent the contravention.

(3) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order, any regulations made under this Order or a Safety Regulation was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission will be deemed not to be a contravention by that person of that provision.

(4) If a person is charged with contravening a provision of this Order or any regulations made under this Order by reason of that person having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport, public transport or commercial operation, the flight is to be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if the person proves that they neither knew nor suspected that the flight was for that purpose.

(5) Any person who contravenes any provision specified in Part 1 of Schedule 13 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Any person who contravenes any provision specified in Part 2 of Schedule 13 is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) Any person who contravenes any provision specified in Part 3 of Schedule 13 is guilty of an offence and punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine or by imprisonment for a term not exceeding two years, or to both.

(8) Any person who contravenes the provision specified in Part 4 of Schedule 13 is guilty of an offence and punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine or by imprisonment for a term not exceeding five years, or to both.

Exemption from Order

266

The CAA may exempt from any of the provisions of this Order (other than articles 179, 230, 247, 250, 251, 252, 255, and 267) or any regulations made under this Order, any aircraft or persons or classes of aircraft or persons, subject to such conditions it deems appropriate.

Appeal to County Court or Sheriff Court

267

(1) Subject to paragraphs (3), (4) and (5), an appeal lies to a county court from any decision of the CAA that a person is not a fit person to hold a licence to act as—

(a) an aircraft maintenance engineer;

(b) a member of the flight crew of an aircraft;

(d) a student air traffic controller; or

(e) a flight information service officer.

(2) If the court is satisfied that, on the evidence submitted to the CAA, it was wrong in deciding that a person is not a fit person to hold a licence, the court may reverse the CAA's decision and the CAA must give effect to the court's determination.

(3) An appeal does not lie from a decision of the CAA that a person is not qualified to hold the licence by reason of a deficiency in that person's knowledge, experience, competence, skill, physical or mental fitness.

(4) If the appellant resides or has its registered or principal office in Scotland, the appeal lies to the sheriff within whose jurisdiction the appellant resides and the appeal is by way of summary application.

(5) Notwithstanding any provision to the contrary in rules governing appeals to the county court in Northern Ireland, if the appellant resides or has its registered or principal office in Northern Ireland the appeal lies to a county court held under the County Courts (Northern Ireland) Order 1980.

(6) The CAA is a respondent to any appeal under this article.

(7) For the purposes of any provision relating to the time within which an appeal may be brought, the CAA's decision is deemed to have been taken on the date on which the CAA supplied a statement of its reasons for the decision to the applicant for the licence or the holder or former holder of it.

(8) In the case of an appeal to the sheriff—

(a) the sheriff may, if the sheriff thinks fit, and on the application of any party, appoint one or more persons of skill and experience in the matter to which the proceedings relate to act as assessor;

(b) where it is proposed to appoint any person as an assessor, an objection to the proposed assessor, either personally or concerning the proposed assessor's qualification, may be stated by any party to the appeal and must be considered and disposed of by the sheriff.

(9) The assessors for each sheriffdom must be appointed from a list of persons approved for the purposes by the sheriff principal and—

(a) such a list must be published in such manner as the sheriff principal directs;

(b) such a list will be in force for three years only, but persons entered in any such list may be again approved in any subsequent list; and

(c) it is lawful for the sheriff principal to defer the preparation of such a list until application has been made to appoint an assessor in an appeal in one of the courts in their sheriffdom.

(10) The sheriff before whom an appeal is heard with the assistance of an assessor must make a note of any question submitted by the sheriff to such assessor and of the answer to that question.

(11) An appeal lies on a point of law from any decision of a sheriff under this article to the Court of Session.

Approval of persons to supply reports

268

In relation to any of its functions under any of the provisions of this Order the CAA may approve a person as qualified to supply reports to it and may accept such reports.

Certificates, authorisations, approvals and permissions

269

Wherever in this Order there is provision for the issue or grant of a certificate, authorisation, approval or permission by the CAA, unless otherwise provided, such a certificate, authorisation, approval or permission—

(a) must be in writing;

(b) may be issued or granted subject to such conditions as the CAA thinks fit; and

Competent authority

270

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions under the Basic EASA Regulation to be exercised by the CAA

271

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions under the EASA Aircrew Regulation to be exercised by the CAA

272

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions under the Occurrence Reporting Regulation to be exercised by the CAA

273

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 11 — Revocations and savings, consequential amendments and transitional arrangements

Revocations and savings, consequential amendments and transitional arrangements

274

(1) Schedule 14 (revocations and savings, consequential amendments and transitional arrangements) has effect.

(2) Subject to articles 212, 214 and 216, nothing in this Order or any regulations made under this Order confers any right to land in any place as against the owner of the land or any other persons interested in the land.

(3) Subject to paragraph (4), anything done under, or by virtue of, any article or regulation revoked by this Order, if it could have been done under or for the purpose of the corresponding provision of this Order, is to be deemed to have been done under or by virtue of the corresponding provision of this Order and anything begun under, or by virtue of, any such article or regulation may be continued under this Order as if begun under this Order.

(4) Nothing in this Order obliges the CAA to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the grant of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.

PART 12 — Review

Review

275

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1 — INTERPRETATION

1

In this Order—

“the 2015 Regulations” means the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 ;

“A to A commercial air transport aeroplane” means an aeroplane flying, or intended by the operator to fly, on an A to A commercial air transport aeroplane operation;

“A to A commercial air transport aeroplane operation” means an aircraft operation—by a performance class B aeroplane;for the purpose of transporting passengers, cargo or mail for remuneration or other valuable consideration; andstarting and ending at the same place;

“A to A public transport flight” means a flight for the purpose of public transport by an aircraft starting and ending at the same place;

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