# The Air Navigation (Amendment) Order 2013 (revoked)

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U.K.

Statutory Instruments

# 2013 No. 3169

Civil Aviation

# The Air Navigation (Amendment) Order 2013

Made

11th December 2013

Laid before Parliament

18th December 2013

Coming into force

27th January 2014

At the Court at Buckingham Palace, the 11th day of December 2013

Present,

The Queen's Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 60(1), (2)(b), (3)(d), (3)(f), (3)(h), (3)(n) and (4) and                           61(1)(a) of the Civil Aviation Act 1982 F1 and by section 2(2) of the European Communities Act 1972 F2.                        

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

F11982 c.16. Section 60 was amended by the Aviation and Maritime Security Act 1990 (c. 31), **section 47**. Section 61 was amended by the Airports Act 1986 (c.31), **section 83(5)** and Schedule 6, Part 2, and by the Aviation (Offences) Act 2003 (c.19), **section 2**. There are other amendments but none is relevant.

F21972 c.68.

## Citation and commencementU.K.

1.  This Order may be cited as the Air Navigation (Amendment) Order 2013 and comes into force on 27th January 2014.                  

## Amendment of the Air Navigation Order 2009U.K.

2.  The Air Navigation Order 2009 F3 is further amended as follows.                  

F3S.I. 2009/3015, amended by S.I. 2012/1751. There are other amendments but none is relevant.

## Flight crew licence requirement – exception for solo flying training – medical declarationU.K.

3.  In article 52 F4 (flight crew licence requirement – exception for solo flying training in non-EASA aircraft)—                  

(a)in paragraph (2)—                  

(i)for sub-paragraph (b) substitute—                  

“(b)the person satisfies the requirements of paragraph (3);”; and                  

(ii)omit sub-paragraph (c); and                  

(b)after paragraph (2), add—                  

“(3)A person satisfies the requirements of this paragraph if the person—                  

(a)is the holder of a valid medical certificate issued in accordance with article 72A F5 and complies with any conditions subject to which that certificate was issued;                  

(b)is the holder of a valid medical certificate issued in accordance with paragraph MED.A.030 of Part-MED and complies with any                           conditions subject to which that certificate was issued; or                  

(c)is the holder of a valid medical declaration issued in accordance with article 73A F6 which would be required by virtue of article 73(2) for the person to exercise the privileges of the relevant licence or rating.”                  

F4Article 52 was amended by S.I. 2012/1751.

F5Article 72A was inserted by S.I. 2012/1751.

F6Article 73A was inserted by S.I. 2012/1751.

## Flight crew licensing – personal flying log – helicoptersU.K.

4.  In article 79 (personal flying log), for paragraph (5) substitute—                  

“(5)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.”                  

## Designation of the CAA for the purposes of the EASA Air Operations RegulationU.K.

5.—(1) In article 246 (competent authority) in paragraph (2)—                  

(a)omit the word “and” immediately following subparagraph (b); and                  

(b)at the end of sub-paragraph (c) insert—                  

“; and                  

(d)the EASA Air Operations Regulation”.                  

(2) In article 255 (interpretation) in paragraph (1), after the definition of “EASA”, insert—

““EASA 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 F7;”.                     

F7O.J. No. L 296, 25.10.2012, p.1.

## Offering commercial air transport and public transport flights – penaltiesU.K.

6.  In Section 1 of Part C of Schedule 13 (Penalties), beneath the row relating to article 13(4), insert the following row—                  

Richard Tilbrook

 Clerk of the Privy Council

## Explanatory Note

(This note is not part of the Order)

This Order further amends the Air Navigation Order 2009 (“the 2009 Order”).                     

*Article 3* amends the 2009 Order so as to provide that a student pilot with a valid medical declaration or with a certificate issued                        under relevant European legislation may, subject to other conditions, fly solo for the purpose of becoming qualified for the                        grant or renewal of a pilot licence or for the inclusion or variation of any rating in such a licence.                     

*Article 4* amends the 2009 Order so as to change what constitutes time in flight for a helicopter for the purpose of recording this                        time in a “personal flying log”. The new definition includes time when the helicopter rotor blades are rotating whilst the                        helicopter is on the ground and reflects the corresponding one in European legislation.                     

*Article 5* amends the 2009 Order so as to designate the Civil Aviation Authority (“the CAA”) as the competent authority for the purposes of 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 F8 (the “EASA Air Operations Regulation”). By way of derogation, Annexes I to V of that Regulation (in respect of which the competent authority has functions) do                        not apply in the United Kingdom until 28th October 2014.                     

*Article 6* amends the 2009 Order so as to provide that it is an offence to hold anyone out as being one who may offer flights in an                        aircraft registered in the United Kingdom for the purpose of commercial air transport or public transport unless that person                        holds, in the case of a public transport flight, a valid national air operator's certificate or a valid EU-OPS air operator                        certificate or, in the case of a commercial air transport flight, a valid EU-OPS air operator certificate.                     

An Impact Assessment was carried out which is relevant to the amendment made by article 6. This Assessment was undertaken                        when the relevant prohibition was created. An Impact Assessment relating to elements of the EASA Air Operations Regulation                        (for which the CAA is designated as the competent authority) will be published alongside a future instrument which makes domestic                        provision relevant to the coming into effect of the operative elements of that Regulation. Copies of the Impact Assessment                        relevant to the prohibition referred to above and the associated offence in this Order may be obtained from the Department                        for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR. It is also available alongside this instrument at                        www.legislation.gov.uk.