CIVIL AVIATION Citation and commencement 1 This Order may be cited as the Air Navigation (Second Amendment) Order 1991 and shall come into force for the purposes of article 2(4), (14), (15), (17), (18), (19), (20), (22), (25), (26), (31), (32), (35), (36), (37), and (39) to (55) (inclusive) on 14th November 1991 and for all other purposes on 1st October 1991. Amendment of the Air Navigation Order 1989 2 The Air Navigation Order 1989 shall be amended as follows: 1 For article 5(2) there shall be substituted: 2 Before 1st November 1992 the marks to be borne by aircraft registered in the United Kingdom shall comply with Part B1 or Part B2 of Schedule 1 to this Order. On and after 1st November 1992 the marks to be borne by aircraft registered in the United Kingdom shall comply with Part B2 of Schedule 1 to this Order. . 2 In the proviso to article 5(3)(a) after “shall be deemed not to” there shall be inserted “purport to”. 3 For article 7(1)(b) there shall be substituted: b a balloon flying on a private flight; . 4 In article 20(3)(b) after “flying in controlled airspace” there shall be inserted “notified for the purposes of this sub-paragraph of this article”. 5 In article 31(5) for “below 1000 ft. above the height of the aerodrome” there shall be substituted “from a height of 1000 ft. or more above the aerodrome to a height less than 1000 ft. above the aerodrome”. 6 In article 32(3) for “below 1000 ft. above the height of an aerodrome” there shall be substituted “from a height of 1000 ft. or more above the aerodrome to a height less than 1000 ft. above the aerodrome”. 7 In article 32A(2) for “below 1000 ft. above the height of an aerodrome” there shall be substituted “from a height of 1000 ft. or more above the aerodrome to a height less than 1000 ft. above the aerodrome”. 8 In article 37(2)(d) for “before the aircraft takes off, and before it lands, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary:” there shall be substituted: from the moment when, after the embarkation of its passengers for the purpose of taking off, it first moves until after it has taken off, and before it lands until it comes to rest for the purpose of the disembarkation of its passengers, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary: . 9 After article 39 there shall be inserted: Area navigation equipment — aircraft registered in the United Kingdom 39A 1 An aircraft registered in the United Kingdom shall not fly in controlled airspace notified for the purposes of this paragraph of this article as an area navigation route or area unless— a it is equipped with area navigation equipment which is approved by the Authority in relation to the purpose for which it is to be used, and which is installed and maintained in a manner approved by the Authority; and b the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated. 2 An aircraft registered in the United Kingdom shall not, when flying in controlled airspace notified for the purposes of this paragraph of this article, not being an area navigation route or area, be navigated by means of area navigation equipment unless— a the said equipment is approved by the Authority in relation to the purpose for which it is to be used, and is installed and maintained in a manner approved by the Authority; and b the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated. 3 For the purposes of this article, an approval shall be in writing and may be subject to such conditions as the Authority thinks fit. Such an approval may be granted in respect of any aircraft or specified class or category of aircraft or in respect of a specified type or types of equipment. Area navigation equipment — aircraft not registered in the United Kingdom 39B 1 An aircraft which is not registered in the United Kingdom shall not fly in controlled airspace notified for the purposes of paragraph (1) of article 39A unless— a it is so equipped with area navigation equipment as to comply with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within any specified areas; and b the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated. 2 An aircraft which is not registered in the United Kingdom shall not, when flying in controlled airspace notified for the purposes of paragraph (2) of article 39A, be navigated by means of area navigation equipment unless— a the said equipment complies with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within any specified areas; and b the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated. . 10 For article 40(4)(b)(ii)(aa) there shall be substituted— aa the period immediately preceding the last 5 hours of recording or the duration of the last flight, whichever is the greater; or . 11 In article 47(1) for sub-paragraphs (f) and (g) there shall be substituted— f the persons to whom information about the carriage of dangerous goods must be provided; g the documents which must be produced to the Authority or an authorised person on request; and h the powers to be conferred on an authorised person relating to the enforcement of the regulations made hereunder. . 12 At the commencement of article 49(1) there shall be inserted “Subject to the proviso to paragraph (5) hereof,” and at the end of article 49(5) there shall be inserted: Provided that this paragraph (5) shall not apply to helicopters. . 13 After article 73 there shall be inserted: Prohibition of drunkenness etc of controllers 73A A person shall not when exercising the privileges of an air traffic controller’s licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges. . 14 In article 75(1)(c) after “flown in controlled airspace” there shall be inserted “notified for the purposes of this sub-paragraph of this article”. 15 In article 106(1) for the definition of “Appropriate air traffic control unit” there shall be substituted: “Appropriate air traffic control unit” means in relation to an aircraft either the air traffic control unit serving the area in which the aircraft is for the time being or the air traffic control unit serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be; 16 In article 106(1) after the definition of “Appropriate air traffic control unit” there shall be inserted: “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; 17 In article 106(1) after the definition of “Certified for single pilot operation” there shall be inserted: “Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace” and “Class E airspace” mean airspace respectively notified as such; 18 In article 106(1) for the definition of “Controlled airspace” there shall be substituted: “Controlled airspace” means airspace which has been notified as Class A, Class B, Class C, Class D or Class E airspace; 19 In article 106(1) for the definition of “Control area” there shall be substituted: “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; 20 In article 106(1) for the definition of “Control zone” there shall be substituted: “Control zone” means controlled airspace which has been further notified as a control zone and which extends upwards from the surface; 21 In article 106(1) after the definition of “Danger area” there shall be inserted: “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; 22 In article 106(1) after the definition of “Flight level” there shall be inserted: “Flight plan” means such information as may be notified in respect of an air traffic control service unit being information provided or to be provided to that unit, relative to an intended flight or portion of a flight of an aircraft; 23 In article 106(1) in the definition of “Military aircraft” for “includes” there shall be substituted “means”. 24 In article 106(1) for the definition of “Night” there shall be substituted: “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; 25 In article 106(1) after the definition of “Special VFR flight” there shall be inserted: “Specified minimum weather provisions” has the meaning assigned to it by paragraph (3A) of this article; 26 After article 106(3) there shall be inserted: 3A The specified minimum weather provisions shall be as follows— a outside airspace notified for the purposes of Schedule 8 to this Order— i an aircraft flying above 3000 ft. above mean sea level shall remain at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 10 km; ii an aircraft other than a helicopter flying at or below 3000 ft. above mean sea level shall remain at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 5 km: Provided that this sub-paragraph shall be deemed to be complied with if the aircraft is flown at a speed which according to its airspeed indicator is 140 knots or less and remains clear of cloud, in sight of the surface and in a flight visibility of at least 1800 metres; iii a helicopter flying at or below 3000 ft. above mean sea level shall remain clear of cloud and in sight of the surface or at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 5km. b within airspace notified for the purposes of Schedule 8 to this Order an aircraft shall remain at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 10 km: Provided that in a control zone within such airspace, in the case of a special VFR flight the aircraft shall be flown in accordance with any instructions given by the appropriate air traffic control unit. . 27 In article 107(8)(a)(i) after “jointly by persons” there shall be inserted “(each of whom is a natural person)”. 28 In article 107(8)(a)(ii) after “the registered shareholders of which” there shall be inserted “(each of whom is a natural person)”. 29 In Schedule 1 Part B, after the heading “NATIONALITY AND REGISTRATION MARKS OF AIRCRAFT REGISTERED IN THE UNITED KINGDOM” there shall be inserted the sub-heading “PART B1”. 30 In Schedule 1 after paragraph 4 of Part B1 there shall be inserted: PART B2 1 The nationality mark of the aircraft shall be the capital letters “G” in Roman character and the registration mark shall be a group of four capital letters in Roman character assigned by the Authority on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark. 2 The nationality and registration marks shall be displayed to the best advantage, taking into consideration the construction features of the aircraft and shall always be kept clean and visible. 3 The letters constituting each group of marks shall be of equal height and they, and the hyphen, shall be of a single colour which shall clearly contrast with the background on which they appear. 4 The nationality and registration marks shall also be inscribed on a fire-proof metal plate affixed in a prominent position— a in the case of a microlight aeroplane, either in accordance with subparagraph (c) of this paragraph or on the wing; b in the case of a balloon, on the basket or envelope; or c in the case of any other aircraft on the fuselage or car, as the case may be. 5 The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the following manner: I. Position and Size of Marks Heavier-than-air Aircraft (excluding kites) Horizontal Surfaces of the Wings— On aircraft having a fixed wing surface, the marks shall appear on the lower surface of the wing structure, and shall be on the port wing unless they extend across the whole surface of both wings. So far as is possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing. The height of the letters shall be at least 50 centimetres: Provided that 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 shall be displayed. Fuselage (or equivalent structure) and Vertical Tail Surfaces— The marks shall also appear either— on each side of the fuselage (or equivalent structure), and shall, in the case of fixed wing aircraft, be located between the wings and the horizontal tail surface; or on the vertical tail surfaces. When located on a single vertical tail surface, the marks shall appear on both sides. When located on multi-vertical tail surfaces the marks shall appear on the outboard sides of the outer surfaces. Subject to sub-paragraphs (dd) and (ee) below, the height of the letters constituting each group of marks shall be at least 30 centimetres. 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 (ee) below) and the other is not, marks of 30 centimetres in height shall be placed on the largest authorised surface. If neither surface is large enough for marks of 30 centimetres in height (whilst complying with sub-paragraph (ee) below), marks of the greatest height practicable in the circumstances shall be displayed on the larger of the two surfaces. The marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 centimetres along each side of the vertical tail surface. On rotary wing aircraft where owing to the structure of the aircraft the greatest height practicable for the marks on the sides of the fuselage (or equivalent structure) is less than 30 centimetres the marks shall also appear on the lower surface of the fuselage as close to the line of symmetry as is practicable and shall be placed with the tops of the letters towards the nose. The height of the letters constituting each group of marks shall be at least 50 centimetres: Provided that 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 shall be displayed. Wherever in this sub-paragraph (a) marks of the greatest height practicable in the circumstances are required, that height shall be such as is consistent with compliance with Section II of this Part of this Schedule. Airships and Free Balloons Airships: The marks shall be placed on each side of the airship. They shall be placed horizontally either on the hull near the maximum crosssection of the airship or on the lower vertical stabiliser. Free Balloons: The marks shall be in two places on diametrically opposite sides of the balloon. In the case of both airships and free balloons the side marks shall be so placed as to be visible both from the sides and from the ground. The height of the letters shall be at least 50 centimetres. II. Width, Spacing and Thickness of Marks For the purposes of this Section “a standard letter” shall mean any letter other than the letters I, M and W. The width of each standard letter and the length of the hyphen between the nationality mark and the registration mark shall be two-thirds of the height of a letter. The width of the letters M and W shall be neither less than two-thirds of their height nor more than their height. The width of the letter I shall be one-sixth of the height of the letters forming the marks. The thickness of each letter and hyphen shall be one-sixth of the height of the letters forming the marks. Each letter and hyphen shall be separated from the letter or hyphen which it immediately precedes or follows, by a space equal to either one-quarter or one-half of the width of a standard letter. Each such space shall be equal to every other such space within the marks. . 31 In Schedule 4 paragraph 4 sub-paragraph (2) in the column headed “Circumstances of Flight” after “controlled airspace” where it appears in sub-paragraphs (a)(ii)(aa), (a)(ii)(bb) and (b)(i), there shall be inserted “notified for the purposes of this subparagraph”. 32 In Schedule 4 paragraph 4 sub-paragraph (13) in the column headed “Circumstances of Flight” after “controlled airspace” where it appears in sub-paragraphs (a)(ii)(aa), (a)(ii)(bb), (a)(iii)(bb)(aaa) and (a)(iii)(bb)(bbb), there shall be inserted “notified for the purposes of this sub-paragraph”. 33 In Schedule 4 paragraph 5 Scale S sub-paragraph (vi) for “position of primary flying controls and pitch trim surfaces” there shall be substituted “position of primary flying controls, pitch trim position” and for “engine fire, engine shut-down, cabin pressurisation, presence of smoke, essential AC electricity supply, hydraulic/pneumatic power supply, ground proximity and stalling” there shall be substituted “ground proximity and the master warning system”. 34 In Schedule 4 paragraph 5 scale SS in the penultimate paragraph the words “as appropriate” shall be deleted. 35 In Schedule 5 paragraph 2 in sub-paragraph (1)(a) in the column headed “Aircraft and Circumstances of Flight” after “controlled airspace” there shall be inserted “notified for the purposes of this sub-paragraph”. 36 In Schedule 5 paragraph 2 for sub-paragraph (1)(b) in the column headed “Aircraft and Circumstances of Flight” there shall be substituted: b when flying within controlled airspace notified for the purposes of this subparagraph . 37 In Schedule 5 paragraph 2 for sub-paragraph (2)(b) in the column headed “Aircraft and Circumstances of Flight” there shall be substituted: b when flying within airspace notified for the purposes of this sub-paragraph . 38 In Schedule 5 paragraph 2, sub-paragraph (3) in the column headed “Aircraft and Circumstances of Flight” and “A”, “E” and “H” adjacent thereto in the column headed “Scale of Equipment Required” shall be revoked. 39 In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) in sub-paragraph (c)(i) after “controlled airspace” there shall be inserted “notified for the purposes of this Schedule”. 40 In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) in sub-paragraph (c)(i)(aa) for “1½ nautical miles” there shall be substituted “3 km”. 41 In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) for sub-paragraph (c)(i)(bb) there shall be substituted: bb when any passenger is carried and the aeroplane is flying either above 3000ft. above mean sea level in conditions such that it cannot remain at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 10km or at or below 3000ft. above mean sea level in a flight visibility of less than 5km; . 42 In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) in sub-paragraph (c)(ii) for “5 nautical miles” there shall be substituted “10km”. 43 In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) after sub-paragraph (d) there shall be inserted: e he shall not unless his licence includes an instrument rating (aeroplanes) fly as pilot in command or co-pilot of such an aeroplane flying in airspace notified for the purposes of this Schedule— i in conditions such that he cannot comply with the specified minimum weather provisions; or ii in circumstances which require compliance with the Instrument Flight Rules. 44 In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) in sub-paragraph (g)(i) after “controlled airspace” there shall be inserted “notified for the purposes of this Schedule”. 45 In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) in sub-paragraph (g)(i)(aa) for “1½ nautical miles” there shall be substituted “3km”. 46 In schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) for sub-paragraph (g)(i)(bb) there shall be substituted: bb when any passenger is carried and the aeroplane is flying either above 3000ft. above mean sea level in conditions such that it cannot remain at least 1800 metres horizontally and 1000ft. vertically away from cloud and in a flight visibility of at least 10km or at or below 3000ft. above mean sea level in a flight visibility of less than 5km; . 47 In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) in sub-paragraph (g)(ii) for “5 nautical miles” there shall be substituted “10km”. 48 In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) after sub-paragraph (g) there shall be inserted: h he shall not unless his licence includes an instrument rating (aeroplanes) fly as pilot in command or co-pilot of such an aeroplane flying in airspace notified for the purposes of this Schedule— i in conditions such that he cannot comply with the specified minimum weather provisions; or ii in circumstances which require compliance with the Instrument Flight Rules. . 49 In Schedule 8 Part A paragraph 1 in sub-paragraph (1)(a) of the privileges of the Commercial Pilot’s Licence (Aeroplanes) for “1½ nautical miles” there shall be substituted “3km” and in sub-paragraph (1)(b) for “1 nautical mile” there shall be substituted “1800 metres”. 50 In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Commercial Pilot’s Licence (Aeroplanes) after sub-paragraph (e) there shall be inserted: f he shall not unless his licence includes an instrument rating (aeroplanes) fly as pilot in command or co-pilot of such an aeroplane flying in airspace notified for the purposes of this Schedule— i in conditions such that he cannot comply with the specified minimum weather provisions; or ii in circumstances which require compliance with the Instrument Flight Rules. . 51 In Schedule 8 Part A paragraph 2 in the proviso to the privileges of the Private Pilot’s Licence (Helicopters and Gyroplanes) after sub-paragraph (d) there shall be inserted: e he shall not unless his licence includes an instrument rating (helicopters) fly as pilot in command or co-pilot of such a helicopter flying in airspace notified for the purposes of this Schedule— i in conditions such that he cannot comply with the specified minimum weather provisions; or ii in circumstances which require compliance with the Instrument Flight Rules. . 52 In Schedule 8 Part A paragraph 2 in the proviso to paragraph (2) of the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes) in sub-paragraph (a) for “in Instrument Meteorological Conditions” there shall be substituted “in conditions such that the helicopter cannot comply with the specified minimum weather provisions”. 53 In Schedule 8 Part A paragraph 2 in the proviso to paragraph (2) of the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes) after sub-paragraph (e) there shall be inserted: f he shall not unless his licence includes an instrument rating (helicopters) fly as pilot in command or co-pilot of such a helicopter flying in airspace notified for the purposes of this Schedule— i in conditions such that he cannot comply with the specified minimum weather provisions; or ii in circumstances which require compliance with the Instrument Flight Rules. . 54 In Schedule 8 Part B paragraph 1 in the privileges of the Instrument Meteorological Conditions Rating (Aeroplanes) in sub-paragraph (a) for “1½ nautical miles” there shall be substituted “3km” and in sub-paragraph (b) for “1 nautical mile” there shall be substituted “1800 metres”. 55 In Schedule 8 Part B paragraph 1 in the privileges of the Instrument Rating (Aeroplanes) and the privileges of the Instrument Rating (Helicopters) for “controlled airspace” there shall be substituted “airspace notified for the purposes of this Schedule either in conditions such that he cannot comply with the specified minimum weather provisions or”. 56 In Schedule 12 Part B in the column headed “Article of Order” immediately below “69A(1)” there shall be inserted “73A” and adjacent thereto in the column headed “Subject Matter” there shall be inserted “Prohibition of drunkenness etc of controllers”. G. I. de Deney Clerk of the Privy Council