The Air Navigation Order 2016

• “Accident prevention and flight safety programme” means a programme designed to detect and eliminate or avoid hazards in order to improve the safety of flight operations;

• “A Conditions” means the conditions set out in Chapter 1 of Part 1 of Schedule 3;

• “ACAS II” means the airborne collision avoidance system II referred to in the Airborne Collision Avoidance Regulation;

• “aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre intentionally performed by an aircraft;

• “Aerodrome”—means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft; andincludes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically; butdoes not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

• “Aerodrome control service” means an air traffic control service to aerodrome traffic;

• “Aerodrome operating minima” in relation to the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing, which are the minimum for the operation of that aircraft at that aerodrome;

• “Aerodrome traffic” means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome and includes, but is not limited to, aircraft entering or leaving an aerodrome traffic circuit;

• “Aerodrome traffic circuit” means the path to be flown by aircraft operating in the vicinity of an aerodrome under provision 3225(b) of SERA;

• “Aerodrome traffic zone” has the meaning assigned to it by article 5;

• “Aeronautical beacon” means an aeronautical ground light which is visible either continuously or intermittently to designate a particular point on the surface of the earth;

• “Aeronautical ground light” means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

• “Aeronautical radio station” means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft;

• “Airborne Collision Avoidance Regulation” means Commission Regulation (EU) No. 1332/2011 of 16th December 2011 laying down common airspace usage requirements and operating procedures for airborne collision avoidance , as amended from time to time

• “Aircraft rating” includes a type rating and a class rating;

• “Air/ground communications service” means a service provided from an aerodrome to aerodrome traffic by means of radio signals and “air/ground communications service unit” is to be construed accordingly;

• “Air traffic control service” means a service provided for the purpose of preventing collisions between aircraft, and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;

• “Air traffic control unit” means a unit of air traffic controllers established by a person appointed by a person maintaining an aerodrome or other place in order to provide an area control service, an aerodrome control service or an approach control service;

• “Air traffic service equipment” means ground based equipment, including an aeronautical radio station, used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground which equipment is not otherwise approved by or under this Order but excluding—any public electronic communications network; andany equipment concerning which the CAA has made a direction that it is not air traffic service equipment for the purposes of articles 205 and 206;

• “Altitude hold and heading mode” mean aircraft autopilot functions which enable the aircraft to maintain an accurate height and an accurate heading;

• “annual cost”, in relation to the operation of an aircraft, means the cost (excluding any element of profit) of keeping, maintaining and operating the aircraft over the period of one year;

• “Annual flying hours” means the best estimate reasonably practicable at the time of a particular flight by an aircraft of the hours flown or to be flown by the aircraft for the year commencing on the first day of January preceding the date of the flight;

• “Approach control service” means an air traffic control service for any aircraft which is not receiving an aerodrome control service, which is flying in, or in the vicinity of the aerodrome traffic zone of the aerodrome for which the service is being provided, whether or not the aircraft is flying by visual reference to the surface;

• “Approach to landing” means that portion of the flight of the aircraft, when approaching to land, in which it is descending below a height of 1,000 feet above the relevant specified decision height or minimum descent height;

• “Appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;

• “Appropriate air traffic control unit” means, in relation to an aircraft, as the context requires—the air traffic control unit serving the area in which the aircraft currently is; orthe air traffic control unit serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate before entering that area;

• “Apron” means the part of an aerodrome provided for the stationing of aircraft for—the embarkation and disembarkation of passengers;the loading and unloading of mail or cargo;maintenance; andparking;

• “Area control centre” means an air traffic control unit established to provide an area control service to aircraft flying within a notified flight information region which are not receiving an aerodrome control service or an approach control service;

• “Area control service” means an air traffic control service for flights subject to an air traffic control clearance in control areas;

• “Area navigation equipment” means equipment carried on board an aircraft which enables the aircraft to navigate on any desired flight path within the coverage of appropriate ground based navigation aids or within the limits of that on-board equipment or a combination of the two;

• “Authorised person” means—any constable;in any article other than article 259, any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases; andin article 259, any person authorised by the Secretary of State (whether by name, or by class or description) either generally or in relation to a particular case or class of cases;

• “Automated reservation system” means the central reservation system of the operator of an aircraft which holds data relating to a flight booked by or on behalf of a passenger;

• “B Conditions” means the conditions set out in Chapter 2 of Part 1 of Schedule 3;

• “Balloon Regulation” means Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council;

• “Basic Regulation” means Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91;

• “Beneficial interest” includes interests arising under contract and other equitable interests;

• “British protected person” has the same meaning as in section 50 of the British Nationality Act 1981 ;

• “Cabin crew” in relation to an aircraft means those persons on a public transport flight carried for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers but who do not act as a member of the flight crew;

• “Captive balloon” means a balloon which when in flight is attached by a restraining device to the surface;

• “Captive flight” means flight by an uncontrollable balloon during which it is attached to the surface by a restraining device;

• “Cargo” includes mail and animals;

• “Category II approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—a decision height below 200 feet but not less than 100 feet; anda runway visual range of not less than 300 metres;

• “Category IIIA approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—a decision height lower than 100 feet; anda runway visual range of not less than 200 metres;

• “Category IIIB approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—a decision height lower than 50 feet or no decision height; anda runway visual range of less than 200 metres but not less than 75 metres;

• “Certificate of airworthiness” includes in the case of a national certificate of airworthiness any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;

• “Certificate of release to service issued under this Order” means a certificate issued in accordance with article 47 by a person specified in article 48;

• “Certificate of revalidation” means a certificate issued in accordance with ... Part 3 of Schedule 8 for the purpose of maintaining the privileges of a flight crew licence;

• “Certificate of validity” has the meaning assigned to it by article 41(5);

• “Certificated for single pilot operation” means in relation to an aircraft one which is not required to carry more than one pilot by virtue of any one or more of the following—the certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered or the related flight manual;if no certificate of airworthiness is required to be in force, the certificate of airworthiness, if any, last in force for the aircraft or the related flight manual;if no certificate of airworthiness is or has previously been in force but the aircraft is identical in design with an aircraft for which such a certificate is or has been in force, the certificate of airworthiness which is or has been in force for such an identical aircraft or the related flight manual; orin the case of an aircraft flying in accordance with the conditions of a national permit to fly or a Part-21 permit to fly, that permit to fly;

• “certification” means any form of recognition that a product, part or appliance, organisation or person complies with the applicable requirements including the provisions of this Order or the Basic ... Regulation and its implementing rules, as well as the issue of any certificate attesting to such compliance;

• “certification specifications” means technical standards adopted by the CAA indicating means to show compliance with a Safety Regulation, as amended from time to time, and which can be used by an organisation for the purpose of certification;

• “Chicago Convention” means the Convention on International Civil Aviation and its Annexes , signed in Chicago on 7th December 1944, as amended;

• “Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace”, “Class E airspace”, “Class F airspace” and “Class G airspace” mean airspace respectively notified as such;

• “Class rating” means a rating that entitles the holder of a pilot licence to act as pilot of an aircraft of a specified class that does not require a type rating;

• “Cloud ceiling” means the height above the ground or water of the base of the lowest layer of cloud below 6,000 metres which, when visible from the aerodrome, is sufficient to obscure more than half the sky;

• “the Commonwealth” means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981 and all other territories forming part of Her Majesty's dominions or in which Her Majesty has jurisdiction and “Commonwealth citizen” is to be construed accordingly;

• “Commercial air transport aircraft” means an aircraft flying, or intended by the operator to fly, for the purpose of commercial air transport;

• “Commercial air transport operation” means an aircraft operation for the purpose of transporting passengers, cargo or mail for remuneration or other valuable consideration which is required to be conducted under and in accordance with Part-CAT and Part-ORO but which is not an A to A commercial air transport aeroplane operation ...;

• “commercial operation” has the meaning assigned to it by article 7;

• “commercial operation aircraft” means an aircraft (other than a commercial air transport aircraft or a public transport aircraft) flying, or intended by the operator to fly, for the purpose of commercial operation;

• “commercial operation flight” means a flight for the purpose of commercial operation;

• “commercial operation undertaking” means an undertaking whose business includes the performance of commercial operation;

• “Competent authority” means ... in relation to the United Kingdom, the CAA, and in relation to any other country the authority responsible under the law of that country for promoting the safety of civil aviation;

• “complex aeroplane” means an aeroplane which is a complex motor-powered aircraft, and non-complex aeroplane is to be construed accordingly;

• “complex helicopter” means a helicopter which is a complex motor-powered aircraft, and non-complex helicopter is to be construed accordingly;

• “complex motor-powered aircraft” means—an aeroplane—with a maximum take-off mass exceeding 5,700kg;certificated for a maximum passenger seating configuration of more than nineteen;certificated for operation with a minimum crew of at least two pilots; orequipped with a turbojet engines or more than one turboprop engine;a helicopter certificated—for a maximum take-off mass exceeding 3,175kg;for a maximum passenger seating configuration of more than nine; orfor operation with a minimum crew of at least two pilots;a tilt rotor aircraft,and “non-complex motor-powered aircraft” is to be construed accordingly;

• “Conditional sale agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974 ;

• “Congested area” in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;

• “Contracting State” means any State (including the United Kingdom) which is party to the Chicago Convention;

• “Controllable balloon” means a balloon which is not a small balloon and which is capable of free con-trolled flight;

• “Controlled aerodrome” has the same meaning as in Article 2(57) of Commission Implementing Regulation (EU) No 923/2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation;

• “Controlled airspace” means airspace which has been notified as Class A airspace, Class B airspace, Class C airspace, Class D airspace or Class E airspace;

• “Controlled flight” has the same meaning as in Article 2(59) of Commission Implementing Regulation (EU) No 923/2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation;

• “Control area” means controlled airspace which has been further notified as a control area and which extends upwards from a notified altitude or flight level;

• “Control zone” means controlled airspace which has been further notified as a control zone and which extends upwards from the surface;

• “Co-pilot” means a pilot who in performing duties as such is subject to the direction of another pilot carried in the aircraft;

• “Country” includes a territory;

• “Crew” means persons carried in an aircraft who are—a member of the flight crew;a person carried on the flight deck who is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) ...; ora member of the cabin crew;

• “Critical power unit” means the power unit whose failure would most adversely affect the performance or handling qualities of an aircraft;

• “cross-country flight” means a flight between a point of departure and a point of arrival following a pre-planned route, using standard navigation procedures;

• “day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level;

• “Danger Area” means airspace which has been notified as such within which activities dangerous to the flight of aircraft may take place or exist at such times as may be notified;

• “Decision height” in relation to the operation of an aircraft at an aerodrome means the height in a precision approach at which a missed approach must be initiated if the required visual reference to continue that approach has not been established;

• “Declared distance” has the meaning which has been notified;

• “Departure control system” means, in relation to an operator of an aircraft, the system used by the operator to check passengers onto a flight;

• “destination alternate aerodrome” means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing;

• “direct costs” means the costs only directly incurred for a flight and include only—fuel;oil;airfield charges; andaircraft rental fees at current market rate;

• “Director” has the same meaning as in section 250 of the Companies Act 2006;

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• “... aerodrome certificate” means a certificate issued under the ... Aerodromes Regulation;

• “... Aerodromes Regulation” means Commission Regulation (EU) No 139/2014 of 12th February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council , as amended from time to time;

• “... Air Operations Regulation” means Commission Regulation (EU) No 965/2012 of 5th October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council , as amended from time to time;

• “... Air Traffic Controller Licensing Regulation” means Commission Regulation (EU) No 2015/340 of 20th February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011;

• “Part-21 aircraft” means an aircraft which is required by the Basic ... Regulation and any implementing rules adopted by the Commission or the Secretary of State in accordance with that Regulation to hold a Part-21 certificate of airworthiness, a Part-21 restricted certificate of airworthiness or a Part-21 permit to fly;

• “... Aircraft Certification Regulation” means Commission Regulation (EC) No 748/2012 of 3rd August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations , as amended from time to time;

• “... Aircrew Regulation” means Commission Regulation (EU) No 1178/2011 of 3rd November 2011, laying down technical requirements and administrative procedures related to civil aviation air crew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council , as amended from time to time;

• “Part-21 certificate of airworthiness” means a certificate of airworthiness issued for a Part-21 aircraft under and in accordance with subpart H of Part 21;

• “... certified aerodrome” means an aerodrome for which an ... aerodrome certificate is in force;

• “... Continuing Airworthiness Regulation” means Commission Regulation (EC) No 1321/2014 of 26th November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks , as amended from time to time;

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• “Part-21 permit to fly” means a permit to fly issued for a Part-21 aircraft under and in accordance with subpart P of Part 21;

• “Safety Regulation” means the Basic ... Regulation and any implementing rule made under that Regulation;

• “Part-21 restricted certificate of airworthiness” means a restricted certificate of airworthiness issued for a Part-21 aircraft under and in accordance with subpart H of Part 21;

• “E Conditions” means the conditions set out in Chapter 3 of Part 1 of Schedule 3;

• “E Conditions approved person” has the meaning given in paragraph 5(4) of Chapter 3 of Part 1 of Schedule 3;

• “E Conditions competent person” has the meaning given in paragraph 5(1) of Chapter 3 of Part 1 of Schedule 3;

• “E Conditions Declaration”' means a declaration specified at paragraph 4 of the E Conditions;

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• “Flight” and “to fly” have the meanings respectively assigned to them by article 3;

• “Flight check” means a check carried out by an aircraft in flight of the accuracy and reliability of signals transmitted by an aeronautical radio station;

• “Flight crew” in relation to an aircraft means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radiotelephony operator of the aircraft;

• “Flight data monitoring programme” means a programme of analysing recorded flight data in order to improve the safety of flight operations;

• “Flight for the purpose of commercial air transport” means a commercial air transport operation or an A to A commercial air transport aeroplane operation;

• “Flight information service” means—in the case of an aerodrome—the giving of advice and information useful for the safe and efficient conduct of flights by means of radio signals to aircraft flying in or intending to fly within the aerodrome traffic zone of that aerodrome; andthe grant or refusal of a permission under provision 8015 of SERA or under rule 12(1)(b) or 13(2) of the Rules of the Air Regulations 2015; andin the case of an area control centre, the giving of advice and information useful for the safe and efficient conduct of flights by means of radio signals to aircraft,and “aerodrome flight information service” is to be construed accordingly;

• “Flight information service unit” means a person appointed by the CAA or by any other person maintaining an aerodrome or area control centre to provide a flight information service and “aerodrome flight information service unit” is to be construed accordingly;

• “Flight level” means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1013.2 hectopascals;

• “Flight manual” means a document provided for an aircraft stating the limitations within which the aircraft is considered airworthy as defined by the appropriate airworthiness requirements, and additional instructions and information necessary for the safe operation of the aircraft;

• “Flight simulator” means any type of apparatus by means of which flight conditions in an aircraft are simulated on the ground, including—simulators;flight training devices;flight and navigation procedures trainers; andbasic instrument training devices;

• “Flight visibility” means the visibility forward from the flight cockpit of an aircraft in flight;

• “Flying display” means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public;

• “Flying machine” means an aeroplane, a powered lift tilt rotor aircraft, a SLMG, a helicopter or a gyroplane;

• “Free balloon” means a balloon which when in flight is not attached by any form of restraining device to the surface;

• “Free controlled flight” means flight during which—a balloon is not attached to the surface by any form of restraining device (other than a tether of not more than five metres in length which may be used as part of the take-off procedure); andthe height of the balloon is controllable by means of a device attached to the balloon and operated by the pilot in command of the balloon or by remote control;

• “full flight simulator” means a flight simulator which is a full size replica of a specific type or make, model and series aircraft flight deck, including the assemblage of all equipment and computer programmes necessary to represent the aircraft in ground and flight operations, a visual system providing an out-of-the-flight deck view, and a force cueing motion system;

• “General lighthouse authority” has the same meaning as in section 193 of the Merchant Shipping Act 1995 ;

• “General medical practitioner” means a person registered in the General Practitioner Register kept by the General Medical Council;

• “Glider” means—a non-power-driven, heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;a self-sustaining glider; anda self-propelled hang-glider;

• “Government aerodrome” means any aerodrome in the United Kingdom which is in the occupation of any Government Department or visiting force;

• “Holding” means, in the case of an aircraft approaching an aerodrome to land, a manoeuvre in the air which keeps that aircraft within a specified volume of airspace;

• “Hostile environment” means, for the purposes of sub-paragraphs 4(12)(b)(ix) and (xvii) of Part 1 of Schedule 6, an environment in which—a safe forced landing cannot be accomplished because the surface is inadequate; orthe helicopter occupants cannot be adequately protected from the elements; orsearch and rescue response and capability is not provided consistent with anticipated exposure; orthere is an unacceptable risk of endangering persons or property on the ground;

• “Instructor's rating” means a flight instructor certificate, an flight instructor (restricted) certificate, a flight instructor rating (aeroplane), a flight instructor rating (helicopter), a type rating instructor rating (multipilot aeroplane), a type rating instructor rating (helicopter), a class rating instructor rating (single pilot aeroplane), an instrument rating instructor rating (aeroplane) or an instrument rating instructor rating (helicopter) or any instructor certificate issued in accordance with Part-FCL;

• “Instrument approach procedure” means a series of predetermined manoeuvres by reference to flight instruments, with specified protection from obstacles, from a specified point to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or other obstacle clearance criteria apply;

• “Instrument flight procedure” means—a standard instrument arrival;an instrument approach procedure;a standard instrument departure; oran omnidirectional departure;

• “Instrument Flight Rules” means instrument flight rules prescribed by Section 5 of SERA;

• “Instrument Landing System” means a ground-based radio system designed to transmit radio signals at very high frequency and ultra high frequency that allow the pilot of an aircraft to accurately determine the aircraft's position relative to a defined approach path whilst carrying out an approach to land;

• “Instrument Meteorological Conditions” means weather precluding flight in compliance with the Visual Flight Rules;

• “International headquarters” means an international headquarters designated by Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964 ;

• “JAA” means the body that was known as the Joint Aviation Authorities, until its dissolution on 30th June 2009, which was previously an associated body of the European Civil Aviation Conference;

• “JAA Full Member State” means a State which was a full member of the JAA on 30th June 2009;

• “JAR-FCL 1” means, unless otherwise specified, the Joint Aviation Requirement of the JAA bearing that title including Amendment 5 adopted by the JAA on 1st March 2006;

• “JAR-FCL 2” means the Joint Aviation Requirement of the JAA bearing that title including Amendment 3 adopted by the JAA on 1st September 2003;

• “kg” means kilogramme;

• “km” means kilometre;

• “To land” in relation to aircraft includes alighting on the water;

• “Large rocket” means a rocket of which the total impulse of the motor or combination of motors is more than 10,240 Newton-seconds;

• “Legal personal representative” means the person constituted as the executor, administrator, or other representative, of a deceased person;

• “Let-down” means, in the case of an aircraft approaching an aerodrome to land, a defined procedure designed to enable an aircraft to descend safely to a point at which it can continue the approach visually;

• “Level”, of an aerodrome, means the notified elevation of the aerodrome;

• “Licence” includes in relation to a flight crew licence any certificate of competency or certificate of validity or revalidation issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;

• “Lifejacket” includes any device designed to support a person individually in or on the water;

• “Log book” includes, in the case of an aircraft log book, engine log book, variable pitch propeller log book, or personal flying log book, a record kept either in a book, or by any other means approved by the CAA in the particular case;

• “low visibility operations” means a Category II, IIIA or IIIB approach and landing or a take-off when the relevant runway visual range is less than 150 meters;

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• “Maintenance” means in relation to an aircraft any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

• “Manoeuvring area” means that part of an aerodrome used for the take-off, landing and taxiing of aircraft, excluding the apron;

• “Maximum approved passenger seating configuration” means—in the case of an aircraft to which article 83 applies the maximum approved passenger seating configuration specified in the operations manual of the aircraft; andin any other case, the maximum number of passengers which may be carried in the aircraft under and in accordance with its certificate of airworthiness, its flight manual and this Order;

• “Maximum operational passenger seating configuration” means the maximum passenger seating capacity of an individual aircraft, excluding crew seats, established for operational purposes and specified in the operations manual;

• “Maximum take-off mass” means, in relation to an aircraft, the maximum total mass of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances, in accordance with the certificate of airworthiness in force for the aircraft;

• “Medical attendant” means a person carried on a flight for the purpose of attending to any person in the aircraft in need of medical attention, or to be available to attend to such a person;

• “Medium intensity steady red light” means a red light which complies with the characteristics described for a medium intensity Type C light as specified in Volume 1 (Aerodrome Design and Operations) of Annex 14 (Fourth Edition July 2004) to the Chicago Convention;

• “Microlight aeroplane” has the meaning given in paragraph 4;

• “Microwave Landing System” means a ground-based radio system designed to transmit radio signals at super high frequency that allow the pilot of an aircraft to accurately determine the aircraft's position within a defined volume of airspace whilst carrying out an approach to land;

• “Military aircraft” means—the naval, military or air force aircraft of any country;any aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; andany aircraft for which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

• “Military rocket” means—any rocket being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; andany rocket for which there is in force a certificate issued by the Secretary of State that the rocket is to be treated for the purposes of this Order as a military rocket;

• “Minimum descent height” in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference;

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• “Multi-crew co-operation” means the functioning of the flight crew as a team of co-operating members led by the pilot in command;

• “munition of war” means any—weapon or ammunition; orarticle containing an explosive, noxious liquid or gas,which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article;

• “national aerodrome licence” means a licence granted under article 212;

• “National air operator's certificate” means an air operator's certificate granted by the CAA under article 101(2);

• “National airworthiness review certificate” means a certificate issued in accordance with article 52 or 53;

• “National certificate of airworthiness” means either an expiring or a non-expiring certificate of airworthiness issued under article 38;

• “national licensed aerodrome” means an aerodrome for which a national aerodrome licence is in force;

• “National permit to fly” means a permit to fly issued under article 40;

• “Nautical mile” means the International Nautical Mile, that is to say, a distance of 1852 metres;

• “Night” means the time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level;

• “non-commercial flight” means a flight which is not a commercial operation flight, a public transport flight or a flight for the purpose of commercial air transport;

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• “non-Part-21 aircraft”, except in Part 5, means an aircraft which is not required by the Basic ... Regulation and any regulations made in accordance with that Regulation to hold a Part-21 certificate of airworthiness, a Part-21 restricted certificate of airworthiness or a Part-21 permit to fly; and “non-Part-21 balloon”, “non-Part-21 glider” and “non-Part-21 kite” are to be construed accordingly;

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• “Non-expiring national certificate of airworthiness” means a national certificate of airworthiness that, subject to articles 39 and 253, remains valid for an unlimited duration provided the aircraft remains registered in the United Kingdom;

• “Non-precision approach” means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;

• “North Atlantic Minimum Navigation Performance Specification airspace” means the airspace prescribed as such;

• “North Atlantic Shanwick Oceanic Control Area” means the airspace notified as such;

• “Notified” means set out with the authority of the CAA in a document published by or under an arrangement entered into with the CAA and entitled “United Kingdom Notam” or “United Kingdom Aeronautical Information Publication” and for the time being in force;

• “Notified aerodrome” means an aerodrome which is notified for the purposes of rule 11 of the Rules of the Air Regulations 2015;

• “Notified operating hours” means the times notified for an aerodrome during which rule 11 of the Rules of the Air Regulations 2015 applies;

• “NPPL General Skill test” means a demonstration of skill for issue of a National Private Pilot's Licence and any rating or certificate thereto, including such oral examination as the examiner may require;

• “Obstacle limitation surfaces” has the same meaning as in CAA publication CAP 168 entitled “Licensing of aerodromes”... ;

• “Occurrence” means an operational interruption, defect, fault or other irregular circumstance that has or may have influenced flight safety and that has not resulted in an accident or serious incident as those terms are defined in regulation 2 of the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 ;

• “Omnidirectional departure” means a departure procedure that is designed on the basis that an aircraft maintains the runway direction until it reaches such a height that it can make a turn in any direction and maintain the obstacle clearance prescribed by the procedure;

• “Occurrence Reporting Regulation” means Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3rd April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 , as amended from time to time;

• “Offshore service” means an air traffic control service for any aircraft flying to or from offshore oil and gas installations and for other aircraft operating in the vicinity of these aircraft in airspace specified for this purpose in the manual of air traffic services;

• “Operating staff” means the servants and agents employed by an operator of an aircraft, whether or not as members of the crew, to ensure that flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions;

• “Operator” has the meaning assigned to it by article 4;

• “Parascending parachute” means a parachute which is towed by cable in such a manner as to cause it to ascend;

• “Part 21” means the Annex so entitled to the ... Aircraft Certification Regulation, as amended;

• “Part 66” means Annex III so entitled to the ... Continuing Airworthiness Regulation;

• “Part 145” means Annex II so entitled to the ... Continuing Airworthiness Regulation;

• “Part 147” means Annex IV so entitled to the ... Continuing Airworthiness Regulation;

• “Part-ARO” means Annex II so entitled to the ... Air Operations Regulation;

• “Part-BFCL licence” means a flight crew licence which complies with the requirements of Annex III (Part-BFCL) to the Balloon Regulation;

• “Part-CAT” means Annex IV so entitled to the ... Air Operations Regulation;

• “Part-CAT aeroplane” means an aeroplane operated by a Part-CAT operator;

• “Part-CAT aircraft” means an aircraft operated by a Part-CAT operator;

• “Part-CAT air operator certificate” means an air operator certificate issued under Part-ARO authorising the holder to operate commercial air transport operations;

• “Part-CAT helicopter” means a helicopter operated by a Part-CAT operator;

• “Part-CAT operator” means an operator that is required to operate under and in accordance with Part-CAT;

• “Part-FCL” means Annex I so entitled to the ... Aircrew Regulation;

• “Part-FCL licence” means a flight crew licence granted under Part-FCL by the CAA;

• “Part M” means Annex I so entitled to the ... Continuing Airworthiness Regulation as amended;

• “Part-MED” means Annex IV so entitled to the ... Aircrew Regulation;

• “Part-NCC” means Annex VI so entitled to the ... Air Operations Regulation;

• “Part-NCO” means Annex VII so entitled to the ... Air Operations Regulation;

• “Part-ORO” means Annex III so entitled to the ... Air Operations Regulation;

• “Part-SFCL licence” has the same meaning as provided by article 2(12) of the Sailplane Regulation;

• “Part-SPA” means Annex V so entitled to the ... Air Operations Regulation;

• “Part-SPO” means Annex VIII so entitled to the ... Air Operations Regulation;

• “parts and appliances” means any—instrument;equipment;mechanism;part;apparatus;appurtenance;software or accessory; orcommunications equipment,that is used or intended to be used in operating or controlling an aircraft in flight, and includes parts of an airframe, engine or propeller, or equipment used to manoeuvre the aircraft from the ground;

• “Passenger” means a person other than a member of the crew;

• “Passenger A to B commercial air transport” means a flight for the purpose of carriage of passengers by commercial air transport by an aircraft starting and ending at different places;

• “Performance Class 1 operations” means flights where, in the event of the failure of a power unit, the helicopter will be able to safely continue the flight and land at an appropriate landing area unless the power unit failure recognition occurs during take-off at or before reaching the take-off decision point in which case the helicopter will be able to safely land back within the area from which it has taken off;

• “Performance Class 2 operations” means flights where, in the event of the failure of a power unit, the helicopter will be able to safely continue the flight to an appropriate landing area or, where the failure occurs at a point during the take-off manoeuvre or the landing manoeuvre when it cannot do so, the helicopter will be able to carry out a forced landing;

• “Performance Class 3 operations” means flights where, in the event of the failure of a power unit at any time during the flight, the helicopter will be required to carry out a forced landing;

• “Performance class B aeroplane” means an aeroplane powered by propeller engines with a maximum operational passenger seating configuration of nine or fewer and a maximum take-off mass of 5,700 kg or less;

• “Period of duty” means the period between the commencement and end of a shift during which an air traffic controller performs, or could be called on to perform, any of the functions specified in a rating included in the controller's licence;

• “pilot in command”, in relation to an aircraft, means the pilot designated by the operator as being in command and charged with the safe conduct of its flight, without being under the direction of any other pilot in the aircraft;

• “Police air operator's certificate” means a certificate granted by the CAA under article 134(5);

• “Police authority” means a Chief Officer of police for any area of England or Wales, the Chief Constable of Police Scotland and the Chief Constable of the Police Service of Northern Ireland;

• “Police officer” means any person who is a member of a police force or of the Police Service of Northern Ireland (including, for the avoidance of doubt, the Police Service of Northern Ireland Reserve), and any special constable;

• “Pre-flight inspection” means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;

• “Precision approach” means an instrument approach using precision lateral and vertical guidance with minima as determined by the category of operation;

• “Pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

• “Private aircraft” means an aircraft which is not a commercial operation aircraft, a public transport aircraft or a commercial air transport aircraft;

• “product” means an aircraft, engine or propeller;

• “Proficiency check” means a demonstration of skill to revalidate or renew a rating, including such oral examination as the examiner may require;

• “Public electronic communications network” has the same meaning as in section 151 of the Communications Act 2003 ;

• “Public transport” has the meaning assigned to it by article 6, and the expression “public transport operation” should be construed accordingly;

• “Public transport aircraft” means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of public transport;

• “Public transport flight” means a flight for the purpose of public transport;

• “Public use licence” has the meaning assigned to it by article 214(3);

• “rating” means a statement entered on a licence setting out privileges, special conditions or limitations pertaining thereto;

• “Record” has the same meaning as in section 81(6) of the Transport Act 2000;

• “Reduced Vertical Separation Minimum airspace” means any airspace between flight level 290 and flight level 410 inclusive which has been notified, prescribed or otherwise designated by the relevant competent authority as being airspace within which a vertical separation minimum of 1,000 feet or 300 metres must be applied;

• “Relevant overseas territory” means any colony and any country or place outside Her Majesty's dominions in which for the time being Her Majesty has jurisdiction;

• “remote pilot” means an individual responsible for safely conducting the flight of an unmanned aircraft by operating its flight controls, either manually or, when the unmanned aircraft flies automatically, by monitoring its course and remaining able to intervene and change the course at any time;

• “Replacement” in relation to any part of an aircraft or its equipment—includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it; butdoes not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;

• “Required Navigation Performance airspace” means airspace which has been notified, prescribed or otherwise designated by the competent authority for the airspace as requiring specified navigation performance capabilities to be met by aircraft flying within it;

• “Rocket” means a device which is propelled by ejecting expanding gases generated in its motor from self contained propellant and which is not dependent on the intake of outside substances and includes any part of the device intended to become separated during operation;

• “Runway visual range” in relation to a runway means the distance in the direction of take-off or landing over which the runway lights or surface markings may be seen from the touchdown zone as calculated by either human observation or instruments in—the vicinity of the touchdown zone; orif this is not reasonably practicable, in the vicinity of the midpoint of the runway,and the distance, if any, communicated to the pilot in command of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range must be taken to be the runway visual range for the time being;

• “Safety management system” means a systematic approach to managing safety including the necessary organisational structure, accountabilities, policies and procedures;

• “Sailplane Regulation” means Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes as well as for the flight crew licensing for sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council ...;

• “Scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service;

• “Seaplane” has the same meaning as in section 97 of the Civil Aviation Act 1982;

• “Sector” means a part of a control area or part of a flight information region or upper region;

• “Self-launching motor glider” means an aircraft with the characteristics of a non-power-driven glider, which is fitted with one or more power units and which is designed or intended to take off under its own power;

• “Self-propelled hang-glider” means an aircraft comprising an aerofoil wing and a mechanical propulsion device which—is foot launched;has a stall speed or minimum steady flight speed in the landing configuration not exceeding 35 knots calibrated airspeed; andhas a maximum unladen weight, including full fuel, of 70 kg;

• “Self-sustaining glider” means an aircraft with the characteristics of a non-power-driven glider which is fitted with one or more power units capable of sustaining the aircraft in flight but which is not designed or intended to take off under its own power;

• “SERA” means the Annex to the Standardised European Rules of the Air Regulation;

• “Service Provision Regulation” means Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10th March 2004 on the provision of air navigation services in the single European sky , as amended from time to time;

• “Single-seat deregulated aeroplane” means a non-Part 21 aircraft, other than an unmanned aircraft, which is designed to carry not more than one person, which has—a maximum take-off mass not exceeding—300kg for a landplane (or 390kg for a landplane of which at least 51% was built by an amateur, or non-profit making association of amateurs (“the association”), for the amateur or the association’s own purposes and without any commercial objective, in respect of which a permit to fly issued by the CAA was in force prior to 1st January 2003);330kg for an amphibian or floatplane; or315kg for a landplane equipped with an airframe mounted total recovery parachute system; anda stalling speed, or minimum steady flight speed in the landing configuration, at the maximum take-off mass not exceeding 35 knots calibrated airspeed.

• “SLMG” means a self-launching motor glider;

• “Small balloon” means a balloon of not more than two metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon;

• “Small rocket” means a rocket of which the total impulse of the motor or combination of motors is not more than 10,240 Newton-seconds;

• ...

• “solo flight” means a flight during which a student pilot is the sole occupant of an aircraft;

• “Special tasks service” means an air traffic control service—for any aircraft flying for the purposes of research and development of aircraft, aircraft equipment or aircraft systems which is not flying in accordance with normal aviation practice; andfor other aircraft in the vicinity of any such aircraft;

• “Special VFR flight” means a flight conducted in accordance with the Visual Flight Rules cleared by an air traffic control unit to operate within a control zone in meteorological conditions below Visual Meteorological Conditions;

• “sporting weapon” means any—weapon or ammunition; orarticle containing an explosive, noxious liquid or gas,which is not a munition of war, including parts, whether components or accessories, for such weapon, ammunition or article;

• “SSEA” means a simple single engine aeroplane, being a single engine piston aeroplane with a maximum take-off weight authorised of not more than 2,000kg and which is not a microlight aeroplane or a SLMG;;

• “Standard instrument arrival” means an arrival route for use by an aircraft flying in accordance with the Instrument Flight Rules which links a notified significant point with a point from which an instrument approach procedure may be commenced;

• “Standard instrument departure” means a departure route for use by an aircraft flying in accordance with the Instrument Flight Rules which links an aerodrome or a specific runway of an aerodrome with a notified significant point from which the flight may safely continue and which is wholly contained within controlled airspace;

• “Standardised European Rules of the Air Regulation” means Regulation (EU) No 923/2012 of the European Parliament and of the Council of 26th September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 , as amended from time to time;

• “State aircraft” means an aircraft carrying out military, customs, police, search and rescue, fire-fighting, coastguard or similar activities or services;

• “State of design” means the State having jurisdiction over the organisation responsible for the type design of an aircraft;

• “State of the operator” means the State in which the operator of an aircraft has its principal place of business or, if it has no such place of business, its permanent residence, in circumstances where—that aircraft is registered in another Contracting State;the operator is operating that aircraft under an agreement for its lease, charter or inter-change or any similar arrangement;the State in which that aircraft is registered has, by agreement with the State in which the operator of the aircraft has its principal place of business or, if it has no such place of business, its permanent residence, agreed to transfer to it its functions and duties as State of registry for that aircraft in relation to, in the case of article 33(1), airworthiness, in the case of article 77(1), aircraft radio equipment, in the case of article 148, flight crew licensing or, in the case of article 79, radio licensing; andthe agreement has been registered with the Council of the International Civil Aviation Organisation or the existence and scope of the agreement have been directly communicated to the CAA;

• ...

• “Take-off decision point” means the latest point in the take-off at which, following recognition of a power unit failure, the helicopter will be able to carry out a rejected take-off;

• “Technical Harmonisation Regulation” means Council Regulation (EEC) No 3922/91 of 16th December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, as amended;

• “Technical log” means a record containing the information specified in paragraph M.A.306 of Part M;

• “Tethered” , in relation to a balloon, means flight by a controllable balloon throughout which it is flown within limits imposed by a restraining device which attaches the balloon to the surface;

• “tethered small unmanned aircraft” means an unmanned aircraft—having a MTOM, within the meaning of Article 2 of the Unmanned Aircraft Implementing Regulation, of not more than 1kg; andwhich is flown within limits imposed by a restraining device which attaches the aircraft to the surface or to a person on the surface;

• “TMG” means a touring motor glider, being an aircraft with the characteristics of a non-power-driven glider which—has one or more integrally mounted, non-retractable power units;has one or more non-retractable propellers; andis designed or intended to take off under its own power;

• “Type rating” means a rating that entitles the holder of a pilot licence to act as pilot of an aircraft of the type specified in the rating and the holder of a flight engineer's licence to act as flight engineer in an aircraft of the type specified in the rating;

• “UAS” refers to an unmanned aircraft system, and means an unmanned aircraft and the equipment to control it remotely;

• “UAS operator” means any person operating or intending to operate one or more UAS;

• “Uncontrollable balloon” means a balloon which is not a small balloon and which is not capable of free controlled flight;

• “UK military AIP” means the document published by or on behalf of the Secretary of State entitled “United Kingdom Military Aeronautical Information Publication” and for the time being in force;

• “United Kingdom licence” means a licence included in Chapter 2 of Part 1 of Schedule 8;

• “unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board;

• “Unmanned Aircraft Delegated Regulation” means Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems;

• “Unmanned Aircraft Implementing Regulation” means Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft, as last amended by the Unmanned Aircraft (Amendment) Regulations 2025;

• “unmanned aircraft subject to certification” means any unmanned aircraft forming part of a UAS required to be certified under Article 40(1)(a), (b) or (c) of the Unmanned Aircraft Delegated Regulation;

• “Valuable consideration” means any right, interest, profit or benefit, forbearance, detriment, loss or responsibility accruing, given, suffered or undertaken under an agreement, which is of more than a nominal nature;

• “Visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of the Visiting Forces Act 1952 —which apply to that country by virtue of paragraph (a) of section 1(1) of that Act; orwhich from time to time apply to that country by virtue of paragraph (b) of section 1(1) and of any Order in Council made or hereafter to be made under section 1 designating that country for the purposes of that Act following section 1(2) of that Act;

• “Visual Flight Rules” means visual flight rules prescribed by Section 5 of SERA;

• “Visual Meteorological Conditions” means weather permitting flight in accordance with the Visual Flight Rules;

• “With the surface in sight” means with the flight crew being able to see sufficient surface features or surface illumination to enable the flight crew to maintain the aircraft in a desired attitude without reference to any flight instrument and “when the surface is not in sight” is to be construed accordingly.

2

References in this Order to—

• (a) a certificate of airworthiness include both a national certificate of airworthiness and a Part-21 certificate of airworthiness unless otherwise stated;

• (b) an aircraft, aeroplane, powered lift tilt rotor aircraft, SLMG, helicopter, gyroplane, airship, balloon or kite include both Part-21 and non-Part-21 examples of the same unless otherwise stated.

3

The expressions appearing in the “Classification of Aircraft” in Part 1 of Schedule 4 have the meanings assigned to them in that Part.

SCHEDULE 2 — PARTS OF STRAITS SPECIFIED IN CONNECTION WITH THE FLIGHT OF AIRCRAFT IN TRANSIT OVER UNITED KINGDOM TERRITORIAL WATERS

1

The parts of straits specified in paragraph 2 are specified for the purposes of article 18(1).

2

• (1) In the Straits of Dover, the territorial waters adjacent to the United Kingdom which are—

• (a) to the south of a rhumb line joining position 51°08'23” north latitude: 1°23'00” east longitude and position 51°22'41” north latitude: 1°50'06” east longitude; and

• (b) to the east of a rhumb line joining position 50°54'33” north latitude: 0°58'05” east longitude and position 50°43'15” north latitude: 0°51'39” east longitude.

• (2) In the North Channel, the territorial waters adjacent to the United Kingdom which are—

• (a) to the north of a rhumb line joining position 54°13'30” north latitude: 5°39'28” west longitude and position 54°09'02” north latitude: 5°18'07” west longitude;

• (b) to the west of a rhumb line joining position 54°26'02” north latitude: 4°51'37” west longitude and position 54°38'01” north latitude: 4°51'16” west longitude; and

• (c) to the east of a rhumb line joining—

• (i) position 55°40'24” north latitude: 6°30'59” west longitude and position 55°29'24” north latitude: 6°40'31” west longitude;

• (ii) position 55°24'54” north latitude: 6°44'33” west longitude and position 55°10'15” north latitude: 6°44'33” west longitude.

• (3) In the Fair Isle Channel, the territorial waters adjacent to the United Kingdom which are—

• (a) to the north of a rhumb line joining position 59°10'54” north latitude: 2°01'32” west longitude and position 59°33'27” north latitude: 2°38'35” west longitude; and

• (b) to the south of a rhumb line joining position 59°51'06” north latitude: 0°52'10” west longitude and position 59°51'06” north latitude: 1°46'36” west longitude.

SCHEDULE 3 — A, B AND E CONDITIONS AND CATEGORIES OF CERTIFICATE OF AIRWORTHINESS

PART 1 — A, B and E Conditions

CHAPTER 1 — A Conditions

1

A non-EASA aircraft registered in the United Kingdom may fly for a purpose set out in paragraph 2 or 3 subject to the conditions contained in paragraphs 4 to 7 when—

• (a) it does not have a certificate of airworthiness duly issued or rendered valid under the law of the United Kingdom;

• (b) the certificate of airworthiness issued under article 38 for the aircraft has ceased to be in force by virtue of any of the matters specified in article 39;

• (c) it has previously had a permit to fly but that permit has ceased to be in force by virtue of any of the matters specified in article 41; or

• (d) is of a design which has previously been approved by the CAA, or by an organisation approved for that purpose by the CAA, as being compliant with a standard accepted by the CAA as appropriate for the issue of a national permit to fly.

2

The purposes in the case of an aircraft falling within sub-paragraph 1(a) are that the aircraft may fly only so as to enable it to—

• (a) qualify for the issue or renewal of a certificate of airworthiness or a national permit to fly after an application has been made for such issue or renewal, or carry out a functional check of a previously approved modification of the aircraft;

• (b) proceed to or from a place at which any inspection, repair, modification, maintenance, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place or has taken place for a purpose referred to in sub-paragraph (a), after any relevant application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or

• (c) proceed to or from a place at which the aircraft is to be or has been stored.

3

The purposes in the case of an aircraft falling within sub-paragraph 1(b), (c) or (d) are that the aircraft may fly only so as to enable it to—

• (a) proceed to a place at which any maintenance or inspection required by article 39(1)(b) or article 41(1)(b) is to take place; or

• (b) proceed to a place at which any maintenance, inspection or modification required by article 39(1)(c), (d) or (e) or article 41(1)(a) is to take place and for which flight the CAA has given permission in writing; or

• (c) carry out a functional check, test or in-flight adjustment in connection with the carrying out in a manner approved by the CAA of any overhaul, repair, previously approved modification, inspection or maintenance required by article 39 or article 41.

4

The aircraft, including any modifications, must be of a design which previously has been approved by the CAA, or by an organisation approved for that purpose by the CAA, as being compliant with a standard accepted by the CAA as appropriate for the issue of a national certificate of airworthiness.

5

The aircraft and its engines must be certified as fit for flight by—

• (a) in the case of an aircraft referred to in paragraph 1(c) or (d), a person authorised by an organisation approved for the purpose by the CAA, and in accordance with that approval; and

• (b) in all other cases—

• (i) the holder of an aircraft maintenance engineer’s licence granted under this Order, being a licence which entitles the holder to issue that certificate; or

• (ii) a person approved by the CAA for the purpose of issuing certificates under this condition, and in accordance with that approval.

6

The aircraft must carry the minimum flight crew specified—

• (a) in the case of an aircraft referred to in paragraph 1(c) or (d), in any relevant document; and

• (b) in all other cases, in any certificate of airworthiness or flight manual which has previously been in force under this Order for the aircraft, or is or has previously been in force for any other aircraft of identical design.

7

The aircraft must not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose specified in paragraph 2 or 3.

8

For the purpose of this Schedule, “a previously approved modification” means a modification which has previously been approved by the CAA or by an organisation approved for that purpose by the CAA for that aircraft or another aircraft of the same type.

CHAPTER 2 — B Conditions

1

A non-EASA aircraft may fly for a purpose set out in paragraph 2 subject to the conditions set out in paragraphs 3 to 6 whether or not it is registered in accordance with article 24(1) when there is not in force—

• (a) in the case of an aircraft which is so registered, a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered; or

• (b) in the case of an aircraft which is not so registered, either a certificate of airworthiness duly issued or rendered valid under the law of the United Kingdom or a permit to fly issued by the CAA for that aircraft.

2

The purposes referred to in paragraph 1 are—

• (a) experimenting with or testing the aircraft (including any engines installed on the aircraft) or any equipment installed or carried in the aircraft;

• (b) enabling the aircraft to qualify for the issue or validation of a certificate of airworthiness or the approval of a modification of the aircraft or the issue of a permit to fly;

• (c) demonstrating and displaying the aircraft, any engines installed on the aircraft or any equipment installed or carried in the aircraft with a view to its sale or of other similar aircraft, engines or equipment;

• (d) demonstrating and displaying the aircraft to employees of the operator;

• (e) the giving of flying training to or the testing of flight crew employed by the operator or the training or testing of other persons employed by the operator and who are carried or are intended to be carried under sub-paragraph 6(a);

• (f) proceeding to or from a place at which any experiment, inspection, repair, modification, maintenance, approval, test or weighing of the aircraft, the installation of equipment in the aircraft, demonstration, display or training is to take place for a purpose referred to in sub-paragraph (a), (b), (c), (d) or (e); or

• (g) proceeding to or from a place at which the installation of furnishings in, or the painting of the aircraft is to be undertaken.

3

The flight must be operated by a person approved by the CAA for the purposes of these conditions and subject to any additional conditions which may be specified in such an approval.

4

If not registered in the United Kingdom—

• (a) the aircraft must be marked in a manner approved by the CAA for the purposes of these conditions; and

• (b) articles 67, 79, 226, 229 and 235 must be complied with in relation to the aircraft as if it were registered in the United Kingdom.

5

No person may act as pilot in command of the aircraft except a person approved for the purpose by the CAA.

6

The aircraft must not carry any cargo, or any persons other than the flight crew except the following—

• (a) persons employed by the operator who during the flight carry out duties or are tested or receive training in connection with a purpose specified in paragraph 2;

• (b) persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft for carrying out during the flight duties in connection with a purpose so specified;

• (c) persons approved by the CAA under article 268 as qualified to supply reports for the purposes of article 38;

• (d) persons other than those carried under the preceding provisions of this paragraph who are carried in the aircraft in order to carry out a technical evaluation of the aircraft or its operation;

• (e) cargo which comprises equipment carried in connection with a purpose specified in sub-paragraph 2(f); or

• (f) persons employed by the operator or persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft in connection with a purpose specified in sub-paragraph 2(f) which persons have duties in connection with that purpose.

CHAPTER 3 — E Conditions

1

Subject to the conditions set out in paragraph 3, a non-EASA aircraft registered in the United Kingdom of not more than 2,000kg maximum take-off mass and which is designed to be flown by a crew of at least one pilot may fly for a purpose set out in paragraph 2 when there is in force neither—

• (a) a certificate of airworthiness duly issued or rendered valid under the law of the United Kingdom; nor

• (b) a permit to fly.

2

The purposes referred to in paragraph 1 are—

• (a) experimenting with or testing the aircraft (including any engines installed on the aircraft) or any equipment installed or carried in the aircraft;

• (b) demonstrating the aircraft, any engines installed on the aircraft or any equipment installed or carried in the aircraft in support of their development or of other similar aircraft, engines or equipment.

3

• (1) The aircraft may only fly if any certificate of airworthiness or permit to fly held in respect of the aircraft is suspended.

• (2) The aircraft may only fly in accordance with a test programme, not exceeding a period of 12 months, in respect of which an E Conditions Declaration has been made by an E Conditions competent person and submitted to the CAA.

• (3) The aircraft must not fly in accordance with the test programme until the E Conditions competent person has received a written acknowledgement from the CAA of its receipt of the E Conditions Declaration.

• (4) Flight of the aircraft may be subject to any additional conditions which may be specified by the E Conditions competent person.

• (5) The aircraft must not fly if the E Conditions competent person is not satisfied that all risks in respect of the flight test programme continue to have been mitigated to an acceptable level and that the level of risk to uninvolved third parties is low enough to be acceptable.

• (6) No person may act as pilot in command of the aircraft except a person who has been judged by the E Conditions competent person to be appropriately qualified and trained for the purpose.

• (7) The aircraft must not carry any cargo, or any persons other than the pilot except any additional person determined by the E Conditions competent person to be necessary to achieve the purpose of the flight as specified in paragraph 2;

• (8) The words “UK EXPERIMENTAL” must be displayed on the aircraft near each entrance to the cabin or cockpit in letters not less than 5 centimetres nor more than 15 centimetres in height.

• (9) A placard must be affixed to the aircraft and displayed within sight of all occupants of the aircraft which must be worded as follows—

Occupant Warning
This UK registered Experimental Aircraft has not been approved and may only be flown by permission granted under ANO E Conditions.

4

An E Conditions Declaration must—

• (a) be signed by an E Conditions competent person;

• (b) specify the aircraft in respect of which it is issued;

• (c) specify the flight test programme in respect of which it is issued, including the start and finish dates of the programme;

• (d) set out the specified purposes for which the aircraft may fly;

• (e) confirm that the flight test programme will be conducted in accordance with the Conditions of Flight at paragraph 3;

• (f) declare that the E Conditions competent person has obtained the consent of the registered owner of the aircraft—

• (i) to request the suspension of any certificate of airworthiness or permit to fly granted in respect of the aircraft; and

• (ii) for the aircraft to undertake the flight test programme;

• (g) request the suspension of any certificate of airworthiness or permit to fly held in respect of the aircraft;

• (h) declare that if the ownership of the aircraft changes during the flight test programme, the E Conditions competent person will not permit a flight to take place until the consent of the new aircraft owner for the aircraft to continue the flight test programme has been obtained;

• (i) declare that, before the flight test programme commences, the E Conditions competent person will undertake a risk assessment and must be satisfied that—

• (i) all risks in respect of the flight test programme have been mitigated to an acceptable level; and

• (ii) in particular, the level of risk to uninvolved third parties is low enough to be acceptable;

• (j) declare that, throughout the flight test programme, the E Conditions competent person will make such changes to the risk assessment and dossier of information as appear appropriate in light of the information gathered in connection with that programme;

• (k) declare that the E Conditions competent person will—

• (i) keep under review the risks in respect of the flight test programme; and

• (ii) not permit a flight to take place in the event that the E Conditions competent person ceases to be satisfied that—

• (aa) all risks in respect of the flight test programme have been mitigated to an acceptable level; and

• (bb) in particular, the level of risk to uninvolved third parties is low enough to be acceptable.

5

• (1) An E Conditions competent person means a person who satisfies the requirements of sub-paragraph (2) or (3).

• (2) A person who has been authorised as a competent person by an E Conditions approved person, and whose authorisation has not been withdrawn, satisfies the requirements of this sub-paragraph.

• (3) A person who—

• (a) is a Member or Fellow of the Royal Aeronautical Society (“the RAeS”) and a Chartered Engineer registered with the Engineering Council via the RAeS; and

• (b) has notified the RAeS of that person’s intention to act as an E Conditions competent person and has not withdrawn that notification;

satisfies the requirements of this sub-paragraph.

• (4) The CAA may approve a person to authorise a competent person for the purposes of E Conditions and in this Order “E Conditions approved person” means a person so approved.

6

• (1) An E Conditions competent person is entitled to make an E Conditions Declaration.

• (2) The E Conditions competent person must—

• (a) before the flight test programme commences—

• (i) undertake a risk assessment;

• (ii) be satisfied that all risks in respect of the flight test programme have been mitigated to an acceptable level;

• (iii) in particular be satisfied that the level of risk to uninvolved third parties is acceptable;

• (iv) keep a dossier of information about the aircraft and the flight test programme, including a record of the risk assessment, and retain the dossier for three years after final flight under the flight test programme; and

• (b) throughout the flight test programme—

• (i) make such changes to the risk assessment and dossier of information as appear appropriate in light of the information gathered in connection with that programme;

• (ii) not permit a flight to take place unless that person remains satisfied that all risks in respect of the flight test programme have been mitigated to an acceptable level and that the level of risk to uninvolved third parties is low enough to be acceptable.

• (3) An E Conditions competent person must produce the dossier of information to an authorised person within a reasonable time after being requested to do so.

7

The flight test programme is deemed to be completed if the person who has submitted an E Conditions Declaration—

• (a) ceases to be an E Conditions competent person;

• (b) notifies the CAA that the flight test programme has been finished or terminated;

• (c) is no longer discharging the obligations set out in the E Conditions Declaration; or

• (d) the declared finish date of the flight test programme has been reached.

8

The CAA must issue a written acknowledgement of receipt in respect of an E Conditions Declaration submitted to it unless, in its reasonable opinion, the E Conditions Declaration is repetitive.

PART 2 — Categories of Certificate of Airworthiness and Purposes for which Aircraft May Fly

Category of certificate of airworthiness	Purposes for which the aircraft may fly
Standard	Any purpose
Special Category	Any purpose, other than commercial air transport, specified in the certificate of airworthiness

SCHEDULE 4 — CLASSIFICATION AND MARKING OF AIRCRAFT

PART 1 — Classification of aircraft

1

• (1) Aircraft are to be classified in accordance with the table.

Column 1	Column 2	Column 3
(1) Lighter than air aircraft	(a) Non-power driven	(i) Free Balloon
(1) Lighter than air aircraft	(a) Non-power driven	(ii) Captive Balloon
(1) Lighter than air aircraft	(b) Power driven	(i) Airship
(2) Heavier than air aircraft	(a) Non-power driven	(i) Glider
(2) Heavier than air aircraft	(a) Non-power driven	(ii) Kite
(2) Heavier than air aircraft	(b) Power driven flying machines	(i) Aeroplane (Landplane)
(2) Heavier than air aircraft	(b) Power driven flying machines	(ii) Aeroplane (Seaplane)
(2) Heavier than air aircraft	(b) Power driven flying machines	(iii) Aeroplane (Amphibian)
(2) Heavier than air aircraft	(b) Power driven flying machines	(iv) Aeroplane (Self-launching Motor Glider)
(2) Heavier than air aircraft	(b) Power driven flying machines	(v) Powered Lift (Tilt Rotor)
(2) Heavier than air aircraft	(b) Power driven flying machines	(vi) Rotorcraft— (aa) Helicopter; (bb) Gyroplane.

• (2) An aircraft which is intended to be operated with no pilot on board is to be further classified as unmanned.

• (3) Unmanned aircraft include unmanned free balloons and remotely piloted aircraft.

PART 2 — Marking of aircraft

General

1

• (1) The nationality mark of the aircraft is the capital letter “G” in Roman character.

• (2) The registration mark is a group of four capital letters in Roman character assigned by the CAA on the registration of the aircraft.

• (3) The letters must be without ornamentation.

• (4) A hyphen must be placed between the nationality mark and the registration mark.

• (5) The nationality and registration marks must be displayed to the best advantage, taking into consideration the constructional features of the aircraft and must always be kept clean and visible.

• (6) The letters constituting each group of marks must—

• (a) be of equal height; and

• (b) together with the hyphen, all be of the same single colour which must clearly contrast with the background on which they appear.

• (7) The nationality and registration marks must also be inscribed on a fire-proof metal plate affixed in a prominent position—

• (a) in the case of a microlight aeroplane, either on the fuselage or car or on the wing;

• (b) in the case of a balloon, on the basket or envelope;

• (c) in the case of a remotely piloted aircraft, secured in a prominent position near the main entrance or compartment, or affixed conspicuously to the exterior of the aircraft if there is no main entrance or compartment; or

• (d) in the case of any other aircraft on the fuselage or car.

• (8) The nationality and registration marks must be painted on the aircraft, or affixed to the aircraft by any other means ensuring a similar degree of permanence, in the manner specified in paragraphs 2, 3 and 4 of this Part.

Position and size of marks – heavier than air aircraft

2

• (1) The position and size of marks on heavier than air aircraft (excluding kites) must be as specified in this paragraph.

• (2) On such aircraft having a fixed wing surface—

• (a) the marks must appear on the lower horizontal surface of the wing structure and on the port wing unless they extend across the whole surface of both wings;

• (b) so far as is possible the marks must be located equidistant from the leading and trailing edges of the wings;

• (c) the tops of the letters must be towards the leading edge of the wing;

• (d) the height of the letters must be—

• (i) subject to sub-paragraph (ii), at least 50 centimetres;

• (ii) if the wings are not large enough for the marks to be 50 centimetres in height, marks of the greatest height practicable in the circumstances.

• (3) On the fuselage (or equivalent structure) and vertical tail surfaces of such aircraft—

• (a) the marks must also appear either—

• (i) on each side of the fuselage (or equivalent structure), and must, in the case of fixed wing aircraft be located between the wings and the horizontal tail surface; or

• (ii) on the vertical tail surfaces;

• (b) when located on a single vertical tail surface, the marks must appear on both sides;

• (c) when located on multi-vertical tail surfaces, the marks must appear on the outboard sides of the outer-surfaces;

• (d) subject to sub-paragraphs (f) and (g), the height of the letters constituting each group of marks must be at least 30 centimetres;

• (e) if one of the surfaces authorised for displaying the required marks is large enough for those marks to be 30 centimetres in height (whilst complying with sub-paragraph (g)) and the other is not, marks of 30 centimetres in height must be placed on the largest authorised surface;

• (f) if neither authorised surface is large enough for marks of 30 centimetres in height (whilst complying with sub-paragraph (g)), marks of the greatest height practicable in the circumstances must be displayed on the larger of the two authorised surfaces;

• (g) marks on the vertical tail surfaces must be such as to leave a margin of at least five centimetres along each side of the vertical tail surface.

• (4) On rotary wing aircraft where owing to the structure of the aircraft the greatest height practicable for the marks on the side of the fuselage (or equivalent structure) is less than 30 centimetres—

• (a) the marks must also appear on the lower surface of the fuselage as close to the line of symmetry as practicable;

• (b) they must be placed with the tops of the letters towards the nose;

• (c) the height of the letters constituting each group of marks must be—

• (i) subject to sub-paragraph (ii), at least 50 centimetres; or

• (ii) if the lower surface of the fuselage is not large enough for the marks to be of 50 centimetres in height, marks of the greatest height practicable in the circumstances.

• (5) Wherever in this paragraph marks of the greatest height practicable in the circumstances are required, that height must be such as is consistent with compliance with paragraph 4 of this Part.

Position and size of marks – airships and free balloons

3

• (1) The position and size of marks on airships and free balloons must be as specified in this paragraph.

• (2) In the case of airships the marks must be—

• (a) placed on each side of the airship; and