The Air Navigation (Jersey) Order 2008

• Citation: S.I. 2008/2562
• Sections: 106

Section 1 Citation and commencement

This Order may be cited as the Air Navigation (Jersey) Order 2008 and comes into force on the day on which the Civil Aviation (Jersey) Law 2008 comes into force in its entirety.

Section 2 Revocation

The Air Navigation (Jersey) Order 2000 , the Air Navigation (Jersey) (Amendment) Order 2000 and the Air Navigation (Jersey) (Amendment No. 2) Order 2002 are revoked but the regulations and Orders made under those Orders remain in force as if they had been made under this Order.

Section 3 Interpretation

In this Order, “Jersey” means the Bailiwick of Jersey and its adjacent territorial sea.

Section 4 Application of the Air Navigation Order 2005

(1) The provisions of the Air Navigation Order 2005 listed in Part 1 of the Schedule to this Order apply, with the modifications specified in Part 2 of that Schedule, to Jersey.

(2) Any amendments made to the Air Navigation Order 2005 after the coming into force of this Order do not apply to Jersey.

Section 5 Application of Interpretation (Jersey) Law 1954

The Interpretation (Jersey) Law 1954 applies to this Order as if it were an enactment under Article 1(1) of that Law.

Section 1

In article 1, omit “and shall come into force on 20 th August 2005”.

Section 2

For article 3 substitute—

(3)

(1) Subject to paragraph (2), an aircraft shall not fly in or over Jersey unless it is registered in–

(a) some part of the Commonwealth;

(b) a Contracting State; or

(c) some other country in relation to which there is in force an agreement between Her Majesty’s Government in the United Kingdom and the Government of that country which makes provision for the flight over Jersey of aircraft registered in that country.

(2) Paragraph (1) shall not apply to any kite or captive balloon.

Section 3

In article 5—

(a) omit paragraphs (2) and (4);

(b) in paragraph (3), omit “Subject to paragraph (4),”.

Section 4

For article 8 substitute—

(8) An aircraft shall not fly unless—

(a) there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator and any conditions subject to which the certificate was issued or rendered valid are complied with; and

(b) the aircraft satisfies the minimum standards established under Annex 8 to the Chicago Convention.

Section 5

(1) Article 19 is modified as follows.

(2) In paragraph (1)—

(a) for “regulations” substitute “Order”;

(b) after “registered” insert “and the minimum standards established under Annex 6 to the Chicago Convention”.

(3) Omit paragraphs (2) to (10).

Section 6

In article 20—

(a) in paragraph (1), for regulations substitute “Order”;

(b) in paragraph (4), omit “registered in the United Kingdom”;

(c) omit paragraphs (3), (5) and (6).

Section 7

In article 25, omit paragraphs (2) to (15).

Section 8

For article 26 substitute—

(26)

(1) A person shall not act as a member of the flight crew of an aircraft unless he is the holder of an appropriate licence granted or rendered valid by the law of the country in which the aircraft is registered or the State of the operator and satisfying the minimum standards established under Annex 1 to the Chicago Convention.

(2) An appropriate licence for the purposes of this article means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.

Section 9

In article 36—

(a) in paragraph (1)(a), omit “, granted or rendered valid under this Order or a JAA licence,”;

(b) in paragraph (2), omit “or glider”.

Section 10

In the heading to article 46, omit “which are registered elsewhere than in the United Kingdom”.

Section 11

In article 46, omit “is registered elsewhere than in the United Kingdom and”.

Section 12

In the heading to article 48, omit “registered elsewhere than in the United Kingdom”.

Section 13

In article 48—

(a) in paragraph (1), omit “registered elsewhere than in the United Kingdom”;

(b) in paragraphs (2) and (5), for “the United Kingdom” substitute “Jersey”;

(c) for paragraph (4) substitute—

(4) An aircraft to which this article applies shall not take off when the relevant runway visual range is less than 150 metres.

(d) in paragraphs (6) and (7), for “paragraphs (4) and (5)” substitute “paragraph (5)”;

(e) for paragraph (8) substitute—

(8) In this article, “specified” means specified by the operator in the aerodrome operating minima made available to the flight crew under paragraph (2).

Section 14

In article 49—

(a) for paragraph (2) substitute—

(2) An aircraft to which this article applies shall not take off when the relevant runway visual range is less than 150 metres.

(b) omit paragraphs (3), (6) and (8);

(c) in paragraphs (4) and (5), omit “Without prejudice to paragraph (2),”.

Section 15

For article 50 and its heading substitute—

Responsibilities of aircraft operator

(50) The operator of an aircraft shall ensure that the aircraft is operated in accordance with—

(a) the law of the country in which the aircraft is registered;

(b) the law of the State of the operator, and

(c) the minimum standards established under Annex 6 to the Chicago Convention.

Section 16

In article 55, omit paragraph (6).

Section 17

In the heading to article 60, omit “-aircraft registered elsewhere than in the United Kingdom”.

Section 18

(1) Article 60 is modified as follows.

(2) In paragraph (1)—

(a) omit “registered elsewhere than in the United Kingdom”;

(b) omit “in the United Kingdom”.

(3) In paragraph (3), omit “United Kingdom”.

Section 19

For article 61 substitute—

(61) On any flight in which an airborne collision avoidance system is required by article 20 and Schedule 5 to be carried in an aeroplane, the system shall be operated in accordance with any procedures with which it is required to comply under the law of the country in which the aircraft is registered.

Section 20

In article 62—

(a) in paragraph (1), omit “by paragraph 5(4), (5), (6) or (7) of Schedule 4”;

(b) omit paragraphs (2), (4) and (5);

(c) in paragraph (3), omit “by paragraph 5(16) of Schedule 4”.

Section 21

For article 63 and its heading substitute—

Aircraft in flight not to tow glider

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

Section 22

In article 65—

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

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

(c) in paragraph (7), omit sub-paragraphs (c) and (d).

Section 23

(1) Article 66 is modified as follows.

(2) In paragraph (2)—

(a) omit “except under and in accordance with the terms of an aerial application certificate granted under Article 68,”;

(b) for “the United Kingdom” substitute “Jersey”.

(3) In paragraph (3)(d), omit “or with the provisions of this Order”.

(4) In paragraph (3)(f), after “for the purposes of” insert “fire fighting,”.

(5) In paragraph (3)(f) and (3)(g), for “CAA” substitute “ DCA ”.

Section 24

(1) Article 67 is modified as follows.

(2) In paragraph (1)—

(a) for “the United Kingdom” substitute “Jersey”;

(b) for “either a police air operator’s certificate or a parachuting” substitute “a”.

(3) In paragraphs (1) and (4)(a) and in both places in which it appears in paragraph (5), for “CAA” substitute “DCA”.

(4) Omit paragraph (4)(b).

Section 25

In article 69—

(a) in paragraph (1)(a) and (1)(b), for “CAA” substitute “DCA”;

(b) in paragraph (1)(b), omit “subject to paragraph (2),”;

(c) omit paragraph (2);

(d) in paragraphs (3) and (4), omit “Subject to paragraph (5),”;

(e) omit paragraph (5);

(f) in paragraph (6), omit “registered in a country other than the United Kingdom”.

Section 26

(1) Article 70 is modified as follows.

(2) In paragraph (1)—

(a) for “Secretary of State” substitute “Minister”;

(b) for “make regulations prescribing” substitute “by Order prescribe”.

(3) In paragraph (1)(g), for “CAA” substitute “DCA”.

(4) In paragraphs (1)(h), (2) and (3), for “regulations” substitute “Order”.

Section 27

In article 71—

(a) in paragraph (1)(a), for “paragraphs (2) and (3)” substitute “paragraph (2)”;

(b) in paragraph (1)(b), omit “, other than a glider or a flying machine,”;

(c) omit paragraph (3).

Section 28

In article 80—

(a) in paragraph (1), in both places in which it appears in paragraph (5) and in both places in which it appears in paragraph (6), for “CAA” substitute “DCA”;

(b) in paragraph (5) and in both places in which it appears in paragraph (6), for “it” substitute “the DCA”;

(c) omit paragraphs (8) to (11A);

(d) omit paragraph (13).

Section 29

After article 80, insert—

Air races and contests

(80A) No person may take part in any air race or contest in Jersey as the pilot of an aircraft unless—

(a) he has the permission of the DCA; and

(b) he acts in accordance with any conditions subject to which the permission was granted.

Section 30

In article 86—

(a) in paragraph (1), for “the law of the country in which it is registered.” substitute:

(a) the law of the country in which it is registered or the State of the operator; and

(b) Article 29 of, and the minimum standards established under Annex 6 to, the Chicago Convention.

(b) Omit paragraphs (2) and (3).

Section 31

(1) Article 88 is modified as follows.

(2) In paragraph (1)—

(a) for “within a reasonable time after” substitute “upon”;

(b) for “cause to be produced” substitute “produce”.

(3) Omit paragraphs (2) to (4).

Section 32

In article 90, for “regulations” substitute “Order”.

Section 33

In article 91—

(a) in paragraph (1), for “paragraphs (2), (3), (4) and (5)” substitute “paragraph (2)”;

(b) in paragraphs (1) and (2), for “personal representative” substitute “executor or administrator”;

(c) in paragraph (2), omit the words from “preserved” to “in force or”;

(d) omit paragraphs (3) to (5).

Section 34

(1) Article 92 is modified as follows.

(2) in paragraph (1)—

(a) for “paragraphs (5) and (6)” substitute “paragraph (5)”;

(b) for “it” substitute “he”.

(3) In paragraph (1) and in both places in which it appears in paragraph (3), for “CAA” substitute “DCA”.

(4) In paragraph (3), for “under this Order” substitute “by the DCA”.

(5) In paragraph (4), for “or which has effect” substitute “by the DCA”.

(6) Omit paragraph (6).

Section 35

In the heading to article 93, omit “or article 140”.

Section 36

In article 93—

(a) in paragraph (1), for “to which this article applies” substitute “granted under article 138”;

(b) in paragraph (2), after “permit holder” insert “and the Minister”;

(c) in paragraph (8), omit “or article 140”.

Section 37

(1) Article 94 is modified as follows.

(2) In paragraphs (1)(a), (1)(b) and (2), omit “or by or under Part 21, 66, 145, 147 or M”.

(3) For paragraph (5) substitute—

(5) A person shall not purport to issue any certificate for the purposes of this Order or of any Order made thereunder unless that person is authorised to do so under this Order.

Section 38

In article 95—

(a) in paragraph (1), for the words from “Secretary of State” to “prescribing” substitute “Minister may by Order prescribe”;

(b) after paragraph (1), insert—

(1A) An Order made under paragraph (1) is called in this Order “the Rules of the Air”.

(c) omit paragraph (3)(c);

(d) omit paragraph (4).

Section 39

(1) Article 96 is modified as follows.

(2) In paragraph (1)—

(a) for “Secretary of State” in both places in which it appears substitute “Minister”;

(b) for “regulations” substitute “an Order”;

(c) for “aircraft specified in paragraph (2) flying in the circumstances specified in paragraph (2)” substitute “any aircraft in or over Jersey”.

(3) Omit paragraph (2).

(4) In paragraph (3), for “Regulations” substitute “An Order”.

(5) In paragraph (4) and in both places in which it appears in paragraph (5), for “regulations” substitute “Order”.

(6) In paragraph (5), for “relate” substitute “relates”.

(7) In paragraph (6), omit “or within airspace notified as a Danger Area”.

Section 40

In the heading to article 97, omit “, gliders”.

Section 41

(1) Article 97 is modified as follows.

(2) Omit paragraph (1).

(3) In paragraph (3)—

(a) for “CAA” substitute “DCA”;

(b) in sub-paragraph (a), omit “glider or”;

(c) at the end of sub-paragraph (a), insert “or, if launched from a boat at sea, 60 metres above sea level”;

(d) in sub-paragraphs (b) and (d), for the words from “a notified aerodrome” to “that aerodrome” substitute “Jersey Airport”;

(e) in sub-paragraph (f), for the words from “a notified airport” to the end substitute “Jersey airport during the notified operating hours of that airport; and”.

(f) after sub-paragraph (f), insert—

(g) an uncontrollable balloon in captive or released flight shall not be flown.

(4) Omit paragraph (4).

(5) For paragraph (5) substitute—

(5) A controllable balloon shall not be flown in free controlled flight except during daylight hours and in visual meteorological conditions.

(6) Omit paragraph (6).

(7) For paragraph (8) substitute—

(8) An airship shall not be moored other than at Jersey Airport except with the permission of the DCA.

(8) Omit paragraph (9).

(9) For paragraph (11) substitute—

(11) A person shall not cause or permit a group of small balloons exceeding 100 in number to be simultaneously released at a single point unless—

(a) he has the permission of the DCA; and

(b) he acts in accordance with any conditions subject to which the permission was granted.

(10) Omit paragraph (12).

Section 42

For article 98(2) substitute—

(2) The person in charge of a small aircraft which weighs more than 7kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight must not fly the aircraft unless—

(a) he has the permission of the DCA; and

(b) he acts in accordance with any conditions subject to which the permission was granted.

Section 43

In article 99—

(a) for paragraph (1) substitute—

(1) This article applies to a rocket of which the total impulse of the motor or combination of motors exceeds 160 Newton-seconds.

(b) omit paragraph (2);

(c) for paragraph (3) substitute—

(3) No person shall launch a rocket to which this article applies unless—

(a) he has the prior permission of the DCA; and

(b) he acts in accordance with any conditions subject to which the permission was granted.

(d) omit paragraphs (4) to (6).

Section 44

(1) Article 100 is modified as follows.

(2) In paragraph (1)—

(a) for “United Kingdom” and, in the first place it appears, “the United Kingdom” substitute “Jersey”;

(b) for “the United Kingdom has” substitute “the States of Jersey have”.

(3) In paragraphs (1) and (2), for “CAA” substitute “DCA”.

(4) In paragraph (2)—

(a) for “it” substitute “he”;

(b) for “his” substitute “the applicant’s”.

Section 45

For article 102 substitute—

(102) A person shall not provide an air traffic control service in Jersey unless the service is provided in accordance with the standards and procedures specified in a manual of air traffic services which has been approved by the DCA.