The Air Navigation (Amendment) Order 2010

• Citation: S.I. 2010/770
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Air Navigation (Amendment) Order 2010 and comes into force on 14th April 2010.

Section 2 Amendment of the Air Navigation Order 2009

The Air Navigation Order 2009 is amended as follows.

Section 3 Requirements for aerodromes used for flying training and testing

(1) In article 208(2), omit sub-paragraphs (c) and (d) and at the end of sub-paragraph (b) insert “or”.

(2) For article 208(3) substitute—

(3) Subject to paragraph (5), article 207 applies to any helicopter or gyroplane flying on a flight which is a scheduled journey for the purpose of the public transport of passengers.

(3A) Subject to paragraph (5), article 207 applies to any helicopter or gyroplane of which the maximum total weight authorised is more than 3175kg flying on a flight—

(a) for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or

(b) for the purpose of a flying test for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence.

(3) After article 208 insert—

Aerodromes – use for purposes of flying instruction and testing

(208A)

(1) The operator of an aerodrome which is not a licensed aerodrome must not permit an aircraft flying or intended to fly for a purpose specified in paragraph (3) to take off from or land at the aerodrome unless satisfied on reasonable grounds that the aerodrome has adequate facilities for the safe conduct of such flights.

(2) The commander of an aircraft must not take off from or land at an aerodrome which is not a licensed aerodrome on a flight for a purpose specified in paragraph (3) unless satisfied on reasonable grounds that the aerodrome has adequate facilities for the safe conduct of such flights.

(3) A flight is for a purpose specified in this paragraph if it is for the purpose of—

(a) instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or

(b) carrying out flying tests for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence.

(4) In Section 1 of Part B of Schedule 13, after the entry relating to article 207 insert—

208A(1) Aerodrome operator permitting flying training or testing at aerodrome without adequate facilities

208A(2) Commander conducting flying training or testing at aerodrome without adequate facilities.

Section 4 Powers of aerodrome firefighters in an emergency

(1) After article 214 insert—

Powers of aerodrome firefighters in an emergency

(214A)

(1) A member of the Rescue and Fire Fighting Service at a licensed aerodrome may do anything on the aerodrome the member reasonably believes to be necessary—

(a) if the member reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;

(b) if the member reasonably believes an aircraft accident or incident to have occurred, for the purpose of rescuing people or protecting them from serious harm; or

(c) for the purpose of preventing or limiting damage to property resulting from any action taken as mentioned in sub-paragraph (a) or (b).

(2) In particular, a member of the Rescue and Fire Fighting Service at a licensed aerodrome, when acting in accordance with paragraph (1), may on the aerodrome—

(a) enter an aircraft, by force if necessary, without the consent of the owner or operator;

(b) restrict the access of persons to an aircraft, premises or a place.

(3) A person who without reasonable excuse obstructs or interferes with a member of the Rescue and Fire Fighting Service at a licensed aerodrome taking action authorised under this article commits an offence.

(2) In Section 1 of Part A of Schedule 13 in the column headed “Article of Order” after “214” insert “214A(3)” and adjacent to that entry in the column headed “Subject Matter” insert “Obstruction of or interference with aerodrome firefighter”.

Section 5 Definitions

(1) In article 255(1), for the definition of “Self-propelled hang-glider” substitute—

‘Self-propelled hang-glider’ means an aircraft comprising an aerofoil wing and a mechanical propulsion device which—

is foot launched;

has a stall speed or minimum steady flight speed in the landing configuration not exceeding 35 knots calibrated airspeed; and

has a maximum unladen mass, including full fuel, of 70 kg ;

(2) In article 255(1), for the definition of “State aircraft” substitute—

‘State aircraft’ means an aircraft carrying out military, customs, police, search and rescue, firefighting, coastguard or similar activities or services;

Section 6 Other changes

(1) In article 17(3)(b)—

(a) for “Part 4” substitute “Part 1”; and

(b) omit “entitled Mandatory Requirements for Airworthiness (a) ”.

(2) In article 17(3)(c)—

(a) for “Section 4” substitute “Section 2”; and

(b) omit “entitled Mandatory Requirements for Airworthiness”.

(3) At the end of article 17(3) insert—

(4) In this article, “CAP 747” means the document entitled “Mandatory Requirements for Airworthiness” published by The Stationery Office on behalf of the CAA (First Edition Issue 3 dated 29th January 2010) .

(4) In Schedule 3, for the heading “Part 1” substitute “Part A”, for the heading “Part 2” substitute “Part B” and for the heading “Part 3” substitute “Part C”.

(5) In Schedule 4, in the Table at paragraph 4—

(a) sub-paragraph (c) of sub-paragraph (2) is renumbered (a);

(b) sub-paragraph (d) of sub-paragraph (2) is renumbered (b);

(c) the sub-paragraph immediately following sub-paragraph (9) is numbered (10);

(d) sub-paragraph (10) is renumbered (11);

(e) sub-paragraph (11) is renumbered (12);

(f) the sub-paragraph numbered (2) immediately following sub-paragraph (11) is renumbered (13);

(g) sub-paragraph (12) is renumbered (14);

(h) sub-paragraph (13) is renumbered (15);

(i) sub-paragraph (c) of sub-paragraph (13) is renumbered (a);

(j) sub-paragraph (d) of sub-paragraph (13) is renumbered (b); and

(k) sub-paragraph (14) is renumbered (16).

(6) In Schedule 9, in paragraph 2(h) for “article 86(4)(c)” substitute “article 83(4)(c)”.