The Air Navigation (Jersey) Order 2000

• Citation: S.I. 2000/1346
• Sections: 62

Section 1

This Order may be cited as the Air Navigation (Jersey) Order 2000 and shall come into force on 1st June 2000.

Section 2

The Air Navigation (Jersey) Order 1972 is hereby revoked, but any Regulations made by virtue of that Order shall remain in force as if they had been made by virtue of the corresponding provisions of this Order.

Section 3

In this Order, the expression “Jersey” means the Bailiwick of Jersey and the territorial waters adjacent thereto.

Section 4

The Air Navigation (No.2) Order 1995 , as amended by the Air Navigation Order 1996 , the Air Navigation (Second Amendment) Order 1997 , the Air Navigation (Third Amendment) Order 1998 , the Air Navigation (Fourth) Amendment) Order 1999 and the Air Navigation (Fifth Amendment) Order 1999 , shall apply in relation to Jersey with the exceptions and modifications specified in the Schedule to this Order

Section 1

In article 1 (Citation and commencement), omit the words “and shall come into force on 29th August 1995”.

Section 2

Omit article 2 (Revocation).

Section 3

In article 3 (Aircraft to be registered)–

(a) in paragraph (1), for the words “the United Kingdom” where they first occur substitute “Jersey”;

(b) in paragraph (2) , omit sub-paragraphs (a) and (b); and

(c) in paragraph (3), for the words “the United Kingdom” where they first occur substitute “Jersey”.

Section 4

Omit article 4 (Registration of aircraft in the United Kingdom).

Section 5

In article 7 (Issue of police air operators' certificates), in paragraph (1) for the words “a chief officer of police for any area of the United Kingdom” substitute “the Chief Officer of the States of Jersey Police Force”.

Section 6

In article 8 (Certificate of airworthiness to be in force), in paragraph (2)—

(a) for the words “the United Kingdom” substitute “Jersey”, and

(b) omit sub-paragraphs (a) and (d).

Section 7

In article 15 (Radio equipment of aircraft), in paragraph (5) omit the words “, except in the case of a glider which is permitted by article 3(2) of this Order to fly unregistered,”.

Section 8

In article 21 (Members of flight crew—requirement for licence), in paragraph (10)(b) for the words “the United Kingdom” in the second place where they occur substitute “Jersey”.

Section 9

For article 23 (Validation of licences) substitute—

(23) A certificate of validation issued by the Authority under article 23 of this Order as it has effect in the United Kingdom shall render valid for the purposes of this Order the flight crew licence to which it relates.

Section 10

Omit article 26 (Glider pilot—minimum age).

Section 11

In article 32 (Public transport—operating conditions), in paragraph (5) omit sub-paragraph (e).

Section 12

In article 34 (Public transport aircraft not registered in the United Kingdom—aerodrome operating minima)—

(a) in paragraph (2), for the words “the United Kingdom” substitute “Jersey”; and

(b) in paragraph (5), for the words “the United Kingdom” substitute “Jersey”.

Section 13

For article 46 (Towing of gliders) substitute—

(46) An aircraft in flight shall not tow a glider.

Section 14

In article 47 (Towing, picking up and raising of persons and articles)—

(a) in paragraphs (1) and (3), omit the words “, other than a glider,”;

(b) in paragraph (5), for the words “a congested area of a city, town or settlement” substitute “Jersey”; and

(c) in paragraph (7)—

(i) immediately before sub-paragraph (c) insert the word “or”, and

(ii) omit sub-paragraph (d) and the word “; or” immediately before it.

Section 15

In article 48 (Dropping of articles and animals)—

(a) in paragraph (2), for the words “the United Kingdom” substitute “Jersey”; and

(b) in paragraph (3), in sub-paragraphs (f) and (g) for the word “Authority” substitute “Committee”.

Section 16

In article 49 (Dropping of persons)—

(a) in paragraph (1)—

(i) for the words “United Kingdom” substitute “Jersey”; and

(ii) for the word “Authority” substitute “Committee”; and

(b) in paragraphs (4) and (5), for the word “Authority” substitute “Committee”.

Section 17

In article 50 (Issue of aerial application certificates), for the word “Authority”, wherever it occurs, substitute “Committee”.

Section 18

In article 53 (Method of carriage of persons), in paragraph (1) omit the words “, other than a glider or flying machine,”.

Section 19

In article 61 (Flying displays)—

(a) in paragraph (1), and in paragraphs (4), (5) and (7), wherever it occurs, for the word “Authority” substitute “Committee”; and

(b) omit paragraph (8).

Section 20

In article 71 (Revocation, suspension and variation of certificates, licences and other documents), in paragraphs (1), (2) and (5) after the word “Authority”, wherever it occurs, insert the words “or, as the case may be, the Committee”.

Section 21

In the heading to article 72 (Revocation, suspension and variation of permissions, etc. granted under article 102 or article 104), and in paragraph (7) of that article, omit the words “or article 104”.

Section 22

In article 74 (Rules of the air)—

(a) in paragraph (1), for the words from “Secretary of State” to “prescribing” substitute “Committee may by Order prescribe” and after sub-paragraph (d) add—

; and the provisions of any such Order are hereinafter referred to in this Order as “the Rules of the Air”.

(b) in paragraph (3), immediately before sub-paragraph (b) insert the word “or” and omit sub-paragraph (c) and the word “; or” immediately before it; and

(c) in paragraph (4), for the words from “competent authority” to the end of the paragraph substitute “Committee”.

Section 23

In article 75 (Power to prohibit or restrict flying)—

(a) in sub-paragraph (a) of paragraph (1)—

(i) for the words “Secretary of State”, wherever they occur, substitute “Committee”;

(ii) for the words “make regulations prohibiting, restricting or imposing” substitute “by Order prohibit, restrict or impose”;

(iii) for the words “the United Kingdom”, in the second place where they occur, substitute “Jersey”;

(iv) omit the words “or in the neighbourhood of an offshore installation”; and

(v) omit paragraph (bb) and the word “; and” immediately before it;

(b) in sub-paragraph (b) of paragraph (1), for “Regulations” substitute “An Order”;

(c) in paragraph (2), for the words “any regulations” substitute “an Order”;

(d) in paragraph (3)—

(i) for the words “any regulations which have” substitute “an Order which has”; and

(ii) for the words “regulations relate” substitute “Order relates”; and

(e) in paragraph (4), for the words “regulations have” substitute “an Order has”.

Section 24

In article 76 (Balloons, kites, airships, gliders and parascending parachutes)—

(a) in paragraph (1), for the words “the United Kingdom” substitute “Jersey”;

(b) in paragraph (2), in sub-paragraph (b) for the word “Authority” substitute “Committee” and—

(i) in paragraph (i) omit the words “glider or”;

(ii) omit the word “and” immediately before paragraph (vi); and

(iii) after paragraph (vi) add—

; and

(vii) a glider shall not be launched by winch and cable or by ground tow;

(c) in paragraph (3), for the word “Authority” substitute “Committee”;

(d) for paragraph (4) substitute—

(4) A controllable balloon shall not be flown in free controlled flight over Jersey, except during the day, in visual meteorological conditions and with the permission in writing of the Committee.

(e) for paragraph (5) substitute—

(5) A controllable balloon shall not be flown in tethered flight in Jersey, except with the permission in writing of the Committee and in accordance with any conditions subject to which that permission may have been granted.

(f) for paragraphs (7) and (8) substitute—

(7) No airship shall be moored or flown over Jersey, except with the permission in writing of the Committee and in accordance with any conditions subject to which that permission may have been granted.

(g) for paragraph (10) substitute—

(10) A person shall not cause or permit a group of small balloons greater than 100 in number to be simultaneously released at a single site without the permission in writing of the Committee and other than in accordance with any conditions subject to which such permission may have been granted.

(h) omit paragraph (11).

Section 25

In article 76A (Regulation of small aircraft), in paragraph (2) for sub-paragraphs (a) to (e) and the colon immediately before sub-paragraph (a) substitute “without the permission in writing of the Committee and subject to any conditions subject to which that permission may have been granted”.

Section 26

In articles 77, 78 and 79 for the word “Authority”, wherever it occurs, substitute “Committee”.

Section 27

Omit articles 87, 88 and 89.

Section 28

In article 90 (Aerodromes—public transport of passengers and instruction in flying)—

(a) for paragraph (1) substitute—

(1) An aircraft to which this paragraph applies shall not take-off or land at a place in Jersey other than an aerodrome licensed under this Order for the take-off and landing of such aircraft and in accordance with any conditions subject to which the aerodrome may have been licensed.

(b) in paragraph (2), in sub-paragraph (d) omit the words from “(other” to the end of the paragraph; and

(c) in paragraph (4), in sub-paragraph (a) for the words “the United Kingdom” substitute “Jersey”.

Section 29

For article 91 and its heading substitute—

Use of Government aerodromes

(91) The Committee may cause to be notified subject to such conditions as it thinks fit any aerodrome owned or managed by it as a Government aerodrome available for the take-off and landing of aircraft engaged on flights for the purpose of the public transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft.

Section 30

In article 92 (Licensing of aerodromes), for the word “Authority”, wherever it occurs, substitute “Committee” and for the words “the United Kingdom” substitute “Jersey”.

Section 31

In article 93—

(a) in paragraphs (1) to (4), for the word “Authority”, wherever it occurs, substitute “Committee”; and

(b) in paragraph (5), for the words “Authority or the Secretary of State” substitute “Committee”.

Section 32

In article 94—

(a) in paragraphs (1), (3) and (6), for the word “Authority”, wherever it occurs, substitute “Committee”; and

(b) in paragraph (8), for the words “Authority or the Secretary of State” substitute “Committee”.

Section 33

In article 95, for the words “Secretary of State”, in both places where they occur, substitute “Committee”.

Section 34

In article 96 (Use of aerodromes by aircraft of Contracting States and of the Commonwealth), for the words “the United Kingdom”, where they first occur, substitute “Jersey”.

Section 35

For article 97 (Noise and vibration caused by aircraft and aerodromes) substitute—

(97) The States of Jersey may make regulations prescribing the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft, and section 77(2) of the Civil Aviation Act 1982 , as extended to Jersey, shall apply to any aerodrome in relation to which the States of Jersey have prescribed conditions as aforesaid.

Section 36

In article 98 (Aeronautical lights)—

(a) for the word “Authority”, wherever it occurs, substitute “Committee”; and

(b) in paragraph (1), for sub-paragraph (a) substitute—

(a) an aeronautical beacon within Jersey; or

Section 37

In article 99 (Dangerous lights)—

(a) in paragraph (1), for the words “the United Kingdom” substitute “Jersey”;

(b) in paragraph (2), for the word “Authority”, wherever it occurs, substitute “Committee”; and

(c) omit paragraph (4).

Section 38

For article 100 (Customs and Excise airports) substitute—

(100)

(1) The Committee may, with the concurrence of the Finance and Economics Committee of the States of Jersey and subject to such conditions as the Committee thinks fit, by Order designate any aerodrome to be a place for the landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs and excise.

(2) Any such Order may be revoked with the concurrence of the Finance and Economics Committee of the States of Jersey.

Section 39

In article 101 (Aviation fuel at aerodromes)—

(a) in paragraph (1), for the words “the United Kingdom” substitute “Jersey”;

and

(b) in paragraphs (3) and (4), for the word “Authority”, wherever it occurs, substitute “Committee”.

Section 40

In article 102 (Restriction with respect to carriage for valuable consideration in aircraft registered outside the United Kingdom)—

(a) in paragraph (1), for the words “the United Kingdom”, in the second place where they occur, substitute “Jersey” and omit the words from “unless” to the end of the paragraph; and

(b) after paragraph (2), add the following paragraph—

(3) The provisions of this article are without prejudice to the provisions of the Air Transport Permits (Jersey) Law 1998.

Section 41

In article 104 (Restriction with respect to aerial photography, aerial survey and aerial work in aircraft outside the United Kingdom)—

(a) in paragraph (1), for the words “the United Kingdom”, in the second place where they occur, substitute “Jersey” and for the words “Secretary of State” substitute “Committee”; and

(b) in paragraph (2), omit the words “of article 72 of this Order or”.

Section 42

In article 105 (Flights over any foreign country)—

(a) in paragraph (1), for the words “the United Kingdom”, in the second place where they occur, substitute “Jersey”; and

(b) in paragraph (3), for the words “the United Kingdom”, in the second place where they occur, substitute “Jersey”.

Section 43

In article 106 (Mandatory reporting), in paragraph (2) at the end of sub-paragraph (b) add the words “nor shall any accident of which notice has been given under article 5 of the Civil Aviation (Investigation of Accidents and Incidents) (Jersey) Order 2000 ”.

Section 44

In article 107 (Power to prevent aircraft flying)—

(a) in paragraphs (1) and (2), after the word “Authority”, wherever it occurs, insert the words “, the Committee”; and

(b) in paragraphs (3) and (4), for the words “Secretary of State”, wherever they occur, substitute “Committee”.

Section 45

In article 108 (Right of access to aerodromes and other places)—

(a) in paragraph (1), omit the words “Subject to paragraph (2),” and after the word “Authority” insert the words “, the Committee”; and

(b) omit paragraph (2).

Section 46

In article 111 (Penalties)—

(a) in each of paragraphs (1) and (2), for the words “, of any regulations” substitute “of an Order or any regulations”;

(b) in paragraph (4)—

(i) for the words “, of any regulations” substitute “of an Order or any regulations”; and

(ii) omit the words “on summary conviction”; and

(c) in paragraphs (5) and (6), omit the words “on summary conviction” wherever they occur.