Civil Aviation Citation and commencement 1 This Order may be cited as the Air Navigation (Amendment) Order 2017 and comes into force on 14th December 2017. Amendment of the Air Navigation Order 2016 2 The Air Navigation Order 2016 is amended as follows. Categorisation as public transport or commercial operation 3 In article 6(1)— a insert “of this Part” after “Chapter 2”; and b omit sub-paragraph (a) including “or”. 4 In article 11(1)— a for “Part 4 and Part 5” substitute “Part 4, Part 5 and Part 6”; b in sub-paragraph (b)— i at the beginning insert “there has been no valuable consideration or”; and ii omit “or the purpose of the flight”. 5 In article 12— a after “if” insert “there has been no valuable consideration or”; and b omit “or the purpose of the flight”. 6 In article 13(1)(a)— a at the beginning insert “there has been no valuable consideration or”; and b omit “or the purpose of the flight”. 7 In article 14— a for “an commercial” substitute “a commercial”; b in paragraph (a) omit “and which is made under and”; and c for paragraph (b)(ii) substitute— ii on which no person is carried other than a person permitted to be carried on the flight in accordance with the terms of a parachuting permission granted under article 90; or . Registration and marking 8 For article 24(4) substitute— 4 Paragraph (1) does not apply to any non-EASA kite, non-EASA captive balloon or any aircraft flying in accordance with the terms of any permission given by the CAA. . 9 In article 25(3) for “article” substitute “Chapter”. Airworthiness 10 In article 33(2)(g) omit “under article 269”. 11 In article 37(4) omit “, as amended from time to time”. 12 In article 38(1) for “paragraph (2)” substitute “paragraph (3)”. 13 In article 42(1)(b) for paragraph (i) substitute— i for commercial operation other than commercial operation which consists of an aircraft flying for the purpose of a flying display, associated practice for a flying display, test and positioning flights or the exhibition or demonstration of the aircraft; . 14 In article 49(2) omit “39,”. 15 In article 61(3) omit “, as amended from time to time”. Operations 16 In article 65 after “Chapters 2” insert “(other than articles 77(1) and 79)”. 17 In article 69— a for paragraph (2) substitute— 2 Before commencing a flight the pilot in command must be satisfied that— a the flight can be made safely, taking into account the latest information available as to the route and aerodrome to be used; and b the ground and water facilities, including any required communication and navigation facilities, are adequate for the intended flight. ; and b in paragraph (8)(b) omit “the minimum equipment list or”. 18 In article 70(4) for “136” substitute “137”. 19 In article 75 omit paragraph (3). 20 In article 77— a at the end of paragraph (2) insert “other than when flying for public transport”; and b after paragraph (6) insert— 7 Any equipment installed or carried in an aircraft must be installed, carried, maintained and adjusted so that such equipment— a does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; and b is not a source of danger to the aircraft. . 21 1 Omit article 78. 2 Before article 79 insert— Carriage of equipment 78A 1 This article applies to any aircraft registered in the United Kingdom. 2 The CAA may permit an aircraft or class of aircraft to which this article applies to commence a flight in specified circumstances even though a specified item of equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use. 3 An aircraft to which this article applies must not commence a flight if any of the equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use unless the aircraft does so in accordance with the terms of a permission granted to the operator under paragraph (2). . 22 In article 92— a in paragraphs (2) and (3) for each reference to “towed” substitute “ground towed”; and b in paragraph (2)(b) omit “controlled airspace or”. 23 In article 93 for paragraph (2) substitute— 2 In this article, a specified number of balloons counts as “simultaneously released at a single site” if released during a period of not more than 15 minutes from within an area not more than 1km square. . 24 In article 105(3) for “(5)” substitute “(6)”. 25 In article 112(3) for “for every 50 or fraction of 50 passenger seats installed in the aircraft” substitute “and if there are 51 to 100 inclusive passenger seats installed, not less than two members and, if there are 101 to 150 inclusive passenger seats installed, not less than three members and so on”. 26 In article 119 after paragraph (4) insert— 4A Any equipment installed or carried in an aircraft must be installed, carried, maintained and adjusted so that such equipment— a does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; and b is not a source of danger to the aircraft. . 27 In article 127(4) for “prescribe” substitute “make regulations prescribing”. 28 In article 128(1) for “prescribe” substitute “make regulations prescribing”. 29 In article 134 after paragraph (4) insert— 5 The CAA must grant a police air operator’s certificate if it is satisfied that the applicant is competent to secure that the operation of aircraft of the types specified in the certificate will be as safe as is appropriate when flying on flights of the description and for the purposes specified, having regard in particular to the applicant’s— a previous conduct and experience; and b equipment, organisation, staffing, maintenance and other arrangements. . Aircrew 30 In article 150(7) for “under this Order is” substitute “under this Order if”. 31 In article 166— a in paragraph (1)— i insert “(P)” after “a person”; ii for “they know or suspect their” substitute “P knows or suspects P’s”; and iii for “renders them” substitute “renders P”; b in paragraph (2) omit “or medical declaration in accordance with article 163(3)”; and c in paragraph (3) omit “or declaration”. 32 In article 174(2) for “Article 176” substitute “Article 176(1)”. 33 In article 175(3)(a) after “flight times” insert “, duty periods and rest periods”. 34 In article 176(1)— a insert “(P)” after “a person”; b for “they know or suspect they are” substitute “P knows or suspects P is”; and c for “are likely” substitute “is likely”. Licensing of air traffic controllers 35 In article 188— a omit paragraphs (1) and (3); and b in paragraph (4) for “referred to in paragraphs (1), (2) and (3)” substitute “referred to in paragraph (2)”. 36 Omit articles 189 to 197. Air traffic services 37 In article 198 for “Part” substitute “Chapter”. Documents and records 38 In article 229— a for paragraph (3) substitute— 3 Paragraph (2) does not apply to an aircraft flying in accordance with the EASA Air Operations Regulation. ; and b omit paragraph (4). 39 In article 231— a in paragraph (1) for “, (5), (6) or (7)” substitute “or (5)”; and b in paragraph (2) for “4(12)” substitute “4(13)”. 40 For article 238(2) substitute— 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. . Competent authority 41 For article 270(5) substitute— 5 The CAA is the competent authority of the United Kingdom for the purposes of the EASA Air Traffic Controller Licensing Regulation. . Definitions 42 In Schedule 1— a omit the definition for “A to A commercial air transport helicopter operation”; b for the definition of “aerobatic manoeuvres” substitute ““aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre intentionally performed by an aircraft;”; c in the definition for “Commercial air transport operation” omit “or an A to A commercial air transport helicopter operation”; d after the definition for “Commercial air transport operation” insert— “commercial operation” has the meaning assigned to it by article 7; ; e in the definition of “Controlled airspace” for “Class D airspace, Class E airspace, Class F airspace or Class G airspace” substitute “Class D airspace or Class E airspace”; f for the definition of “EASA Air Traffic Controller Licensing Regulation” substitute— “EASA Air Traffic Controller Licensing Regulation” means Commission Regulation (EU) No 2015/34 0 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 ; ; g omit the definition for “MMEL”; h in the definition for “Obstacle limitation surfaces” omit “, as amended from time to time”; i after the entry for “Part-SPA” insert— “Part-SPO” means Annex VIII so entitled to the EASA Air Operations Regulation ; ; and j in the definition of “Self-propelled hang-glider”, in paragraph (c) for “maximum take-off mass” substitute “maximum unladen weight”. 43 In Schedule 5— a in paragraph 1(1)(c) for “aeroplane” substitute “aircraft”; b in paragraph 1(2) after sub-paragraph (c) insert— ca oxygen supplies ; and c after paragraph 18 insert— Maps and charts 19 Maps, charts, codes and other documents necessary for the intended flight of the aircraft, including any diversion which may reasonably be expected from the aerodrome of intended landing, must be carried on the aircraft. . 44 In Schedule 7 omit paragraph 5(2). Instructor certificates 45 In Schedule 8, Part 2, Chapter 1, Section 3— a in the entry for flight instructor certificate (aeroplane), in paragraph 2 under “ Restrictions – restricted period ” omit “and on the recommendation of the supervising flight instructor (aeroplane)”; and b in the entry for flight instructor certificate (helicopter), under “ Restrictions – restricted period ”— i in paragraph (1) for “25 solo flights by students” substitute “25 student pilot solo flight exercises”; and ii in paragraph (2) omit “and on the recommendation of the supervising flight instructor (helicopter)”. Maintenance of licence privileges 46 1 In Schedule 8, Part 3, Chapter 1— a for paragraph 1(2)(b) substitute— b as regards revalidation the rating and certificate are valid from the end of the period in paragraph (a) for the period specified in column 2— i in relation to any rating or certificate that may be revalidated by meeting flight or instruction experience requirements, provided those experience requirements have been met; or ii subject to sub-paragraph (2A), in relation to any other rating or certificate, provided that the rating or certificate is revalidated within the period of three months preceding the end of the period in paragraph (a); and ; and b after paragraph 1(2) insert— 2A Where a rating or certificate is revalidated by a proficiency check prior to the last 3 months of the period specified in column 2, the period specified in column 2 commences from the end of the month in which the revalidation occurred. . 2 In Schedule 8, Part 3, Chapter 2— a for paragraph 4(3)(a) substitute— a has not expired, the new certificate is valid for 24 months from the end of the month which includes the expiry date of the existing certificate, except where the certificate is validated by a NPPL General Skill Test more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 24 months from the end of the month in which the test was taken; ; b for paragraph 5(2)(a) substitute— a has not expired, the new certificate is valid for 36 months from the end of the month which includes the expiry date of the existing certificate, except where the test is taken more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 36 months from the end of the month in which the test was taken; ; and c for paragraph 6(2)(a) substitute— a has not expired, the new certificate is valid for 12 months from the end of the month which includes the expiry date of the existing certificate, except where the test is taken more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 12 months from the end of the month in which the test was taken; . Public Transport – Operational Requirements 47 In Schedule 9, Part 1, paragraph 1(s) for “78(3)” substitute “78A(2)”. Documentation 48 In Schedule 10— a in paragraph 1(c) for “78(3)” substitute “78A(2)”; b in the entry for “Document J” in paragraph 2, for “78(3)” substitute “78A(2)”; c in paragraph 3(1) omit “and”; d for paragraph 3(3) substitute— 3 If a public transport flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the United Kingdom, the documents required under paragraph 1(a) may be kept at that aerodrome instead of being carried in the aircraft. ; and e after paragraph 3 insert— Meaning of “international air navigation” 4 For the purposes of this Schedule— “international air navigation” means any flight which includes passage over the territory of any country other than the United Kingdom, but does not include passage over any relevant overseas territory to which there is power to extend the Civil Aviation Act 1982 under section 108(1) of that Act. . Penalties 49 In Schedule 13, Part 1, Chapter 1— a in the entry for article 26(3) omit “, public transport or commercial operation”; b after the entry for article 42(2) insert— 63(1) Copy of national airworthiness review certificate issued or extended to be sent to the CAA within 10 days 63(2) A person to inform the CAA should the airworthiness review be inconclusive and not to issue or extend the certificate ; c omit the entries for articles 193, 196 and 197; and d for the entry for article 206(10) to (12) substitute— 206(10) to (15) Air traffic service equipment records . 50 In Schedule 13, Part 1, Chapter 8 after the entry for NCO.GEN.150 insert— NCO.SPEC.120 Task specialist’s responsibilities . 51 After Schedule 13, Part 1, Chapter 8 insert— CHAPTER 9 Provision of Part-SPO Subject matter SPO.GEN.106 Task specialist’s responsibilities SPO.GEN.115 Common language SPO.GEN.120 Taxiing of aeroplanes SPO.GEN.125 Rotor engagement SPO.GEN.135 Information of emergency and survival equipment carried SPO.GEN.140 Documents, manuals and information to be carried SPO.OP.190 In-flight fuel management SPO.OP.225 Operational limitations – hot air balloons SPO.SPEC.HESLO.100 Standard operating procedures SPO.SPEC.HESLO.105 Specific HESLO equipment SPO.SPEC.HEC.100 Standard operating procedures SPO.SPEC.HEC.105 Specific HEC equipment SPO.SPEC.PAR.100 Standard operating procedures SPO.SPEC.PAR.120 Flight over water SPO.SPEC.ABF.100 Standard operating procedures . 52 In Schedule 13, Part 2, Chapter 1— a in the entry for article 42(1), after “42(1)” insert “(other than sub-paragraph (b)(ii))”; b after the entry for article 44(2) insert— 44(5) Requirement for certificate of release to service for equipment installed on or in a non-EASA aircraft after its overhaul, repair, modification or inspection ; c after the entry for article 51 insert— 54(1) Aircraft maintenance programme 55 Aircraft to be managed by approved continuing airworthiness management organisation and maintained by approved maintenance organisation ; d for the entry for article 77(1) and (3) to (6) substitute— 77(1) and (3) to (7) Requirements for aircraft to carry equipment ; e for the entry for article 78(4) substitute— 78A(3) Carriage of equipment ; f for the two entries relating to article 80 substitute— 80 Requirement for— operation of airborne collision avoidance system training in operation of airborne collision avoidance system ; and g for the two entries relating to article 119 substitute— 119 Carriage and use of equipment Vibration health monitoring system to be operated in accordance with approved procedures . 53 In Schedule 13, Part 2, Chapter 6 in the column headed “Provision of SERA”, for the entry “5005 (other than (g))” substitute “5005 (other than (g) and (i))”. 54 In Schedule 13, Part 2, Chapter 9, after the entry for NCO.IDE.B.150 insert— NCO.SPEC.105 Checklist NCO.SPEC.110 Pilot-in-command responsibilities and authority NCO.SPEC.115 Crew responsibilities NCO.SPEC.125 Safety briefing NCO.SPEC.130 Minimum obstacle clearance altitude – IFR flights NCO.SPEC.135 Fuel and oil supply – aeroplanes NCO.SPEC.140 Fuel and oil supply – helicopters NCO.SPEC155 Airborne Collision Avoidance System (ACAS II) NCO.SPEC.170 Performance and operating criteria – aeroplanes NCO.SPEC.175 Performance and operating criteria – helicopters NCO.SPEC.HESLO.100 Checklist NCO.SPEC.HESLO.105 Specific HESLO equipment NCO.SPEC.HEC.100 Checklist NCO.SPEC.PAR.100 Checklist NCO.SPEC.ABF.100 Checklist . 55 After Schedule 13, Part 2, Chapter 9 add— CHAPTER 10 Provision of Part-SPO Subject matter SPO.GEN.102 Touring motor gliders, powered sailplanes and mixed balloons SPO.GEN.105 Crew responsibilities SPO.GEN.107 Pilot-in-command responsibilities and authority SPO.GEN.108 Pilot-in-command responsibilities and authority – balloons SPO.GEN.119 Taxiing of aircraft SPO.GEN.130 Portable electronic devices SPO.GEN.145 Handling of flight recorder recordings: preservation, production, protection and use – operations with complex motor-powered aircraft SPO.OP.100 Use of aerodromes and operating sites SPO.OP.110 Aerodrome operating minima – aeroplanes and helicopters SPO.OP.111 Aerodrome operating minima – NPA, APV, CAT I operations SPO.OP.125 Minimum obstacle clearance altitudes – IFR flights SPO.OP.130 Fuel and oil supply – aeroplanes SPO.OP.131 Fuel and oil supply – helicopters SPO.OP.132 Fuel and ballast supply and planning - balloons SPO.OP.135 Safety briefing SPO.OP.140 Flight preparation SPO.OP.145 Take-off alternate aerodromes – complex motor-powered aeroplanes SPO.OP.150 Destination alternate aerodromes – aeroplanes SPO.OP.151 Destination alternate aerodromes – helicopters SPO.OP.155 Refuelling with persons embarking, on board or disembarking SPO.OP.160 Use of headset SPO.OP.165 Smoking SPO.OP.170 Meteorological conditions SPO.OP.175 Ice and other contaminants – ground procedures SPO.OP.176 Ice and other contaminants – flight procedures SPO.OP.180 Take-off conditions – aeroplanes and helicopters SPO.OP.181 Take-off conditions – balloons SPO.OP.195 Use of supplemental oxygen SPO.OP.205 Airborne Collision Avoidance System (ACAS) SPO.OP.210 Approach and landing conditions – aeroplanes and helicopters SPO.OP.215 Commencement and continuation of approach – aeroplanes and helicopters SPO.OP.230 Standard operating procedures SPO.POL.100 Operating limitations – all aircraft SPO.POL.105 Mass and balance SPO.POL.110 Mass and balance system – commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft SPO.POL.115 Mass and balance data and documentation – commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft SPO.POL.120 Performance – general SPO.POL.125 Take-off mass limitations – complex motor-powered aircraft SPO.POL.130 Take-off – complex motor-powered aeroplanes SPO.POL.135 En route – one engine inoperative – complex motor-powered aircraft SPO.POL.140 Landing – complex motor-powered aircraft SPO.POL.145 Performance and operating criteria – aeroplanes SPO.POL.146 Performance and operating criteria – helicopters SPO.IDE.A.100 Instruments and equipment — general SPO.IDE.A.105 Minimum equipment for flight SPO.IDE.A.110 Spare electrical fuses SPO.IDE.A.115 Operating lights SPO.IDE.A.120 Operations under VFR — flight and navigational instruments and associated equipment SPO.IDE.A.125 Operations under IFR — flight and navigational instruments and associated equipment SPO.IDE.A.126 Additional equipment for single-pilot operations under IFR SPO.IDE.A.130 Terrain awareness warning system (TAWS) SPO.IDE.A.131 Airborne collision avoidance system (ACAS II) SPO.IDE.A.132 Airborne weather detecting equipment – complex motor-powered aeroplanes SPO.IDE.A.133 Additional equipment for operations in icing conditions at night - complex motor-powered aeroplanes SPO.IDE.A.140 Cockpit voice recorder SPO.IDE.A.145 Flight data recorder SPO.IDE.A.150 Data link recording SPO.IDE.A.155 Flight data and cockpit voice combination recorder SPO.IDE.A.160 Seats, seat safety belts and restraint systems SPO.IDE.A.165 First-aid kit SPO.IDE.A.170 Supplemental oxygen – pressurised aeroplanes SPO.IDE.A.175 Supplemental oxygen – non-pressurised aeroplanes SPO.IDE.A.180 Hand fire extinguishers SPO.IDE.A.181 Crash axe and crowbar SPO.IDE.A.185 Marking of break-in points SPO.IDE.A.190 Emergency locator transmitter (ELT) SPO.IDE.A.195 Flight over water SPO.IDE.A.200 Survival equipment SPO.IDE.A.205 Individual protective equipment SPO.IDE.H.197 Life-jackets – complex motor-powered helicopters SPO.IDE.H.198 Survival suits – complex motor-powered helicopters SPO.IDE.H.199 Life-rafts, survival ELTs and survival equipment on extended overwater flights – complex motor-powered helicopters SPO.IDE.H.200 Survival equipment SPO.IDE.H.201 Additional requirements for helicopters conducting offshore operations in a hostile sea area – complex motor-powered helicopters SPO.IDE.H.202 Helicopters certified for operating on water – miscellaneous equipment SPO.IDE.H.203 All helicopters on flights over water - ditching SPO.IDE.H.205 Individual protective equipment SPO.IDE.H.210 Headset SPO.IDE.H.215 Radio communication equipment SPO.IDE.H.220 Navigation equipment SPO.IDE.H.225 Transponder SPO.IDE.S.100 Instruments and equipment — general SPO.IDE.S.105 Minimum equipment for flight SPO.IDE.S.115 Operations under VFR — flight and navigational instruments SPO.IDE.S.120 Cloud flying — flight and navigational instruments SPO.IDE.S.125 Seats and restraint systems SPO.IDE.S.130 Supplemental oxygen SPO.IDE.S.135 Flight over water SPO.IDE.S.140 Survival equipment SPO.IDE.S.145 Radio communication equipment SPO.IDE.S.150 Navigation equipment SPO.IDE.S.155 Transponder SPO.IDE.B.100 Instruments and equipment — general SPO.IDE.B.105 Minimum equipment for flight SPO.IDE.B.110 Operating lights SPO.IDE.B.115 Operations under VFR — flight and navigational instruments and associated equipment SPO.IDE.B.120 First-aid kit SPO.IDE.B.121 Supplemental oxygen SPO.IDE.B.125 Hand fire extinguishers SPO.IDE.B.130 Flight over water SPO.IDE.B.135 Survival equipment SPO.IDE.B.140 Miscellaneous equipment SPO.IDE.B.145 Radio communication equipment NCO.IDE.B.150 Transponder . 56 In Schedule 13, Part 3, Chapter 1— a after the entry for article 37(3) insert— 47(3) Certificate of release to service not to be issued if any known danger to flight safety ; b after the entry for article 148 insert— 149(1) Requirement for appropriate licence to act as flight crew member of EASA registered aircraft elsewhere than in the United Kingdom ; c after the entry for article 180(1) insert— 187(1) Instrument flight procedures to be approved before notification ; d in the entry for article 188(1), for “188(1)” substitute “188(2)”; and e omit the entries for articles 191 and 192. 57 For Schedule 13, Part 3, Chapter 4 substitute— CHAPTER 4 Provision of EASA Air Traffic Controller Licensing Regulation Subject matter Article 2(1) Compliance with requirements and procedures ATCO.A.015(b) Exercise of the privileges of licences and provisional inability ATCO.MED.A.020 Decrease in medical fitness . 58 For Schedule 13, Part 3, Chapter 7 substitute— CHAPTER 7 Provision of SERA Subject matter 2020 Problematic use of psychoactive substance 3101 Negligent or reckless operation of aircraft 5005 (j) VFR flight within or into designated areas or along designated routes 8020 Adherence to flight plan 8025 Position Reports 8035 Communications 11015(b) Pilot-in-command of an aircraft to comply with instructions given by intercepting aircraft . 59 In Schedule 13, Part 3, Chapter 10, after the entry for NCO.OP.185 insert— NCO.SPEC.160 Release of dangerous goods NCO.SPEC.165 Carriage and use of weapons NCO.SPEC.HESLO.110 Transportation of dangerous goods . 60 After Schedule 13, Part 3, Chapter 10 insert— CHAPTER 11 Provision of Part-SPO Subject matter SPO.GEN.150 Transport of dangerous goods SPO.GEN.155 Release of dangerous goods SPO.GEN.160 Carriage and use of weapons SPO.SPEC.HESLO.110 Transportation of dangerous goods . Ceri King Deputy Clerk of the Privy Council