The Air Navigation (Isle of Man) (Amendment) Order 2022

• Citation: S.I. 2022/172
• Sections: 17

Section 1 Citation and commencement

(1) This Order may be cited as the Air Navigation (Isle of Man) (Amendment) Order 2022.

(2) Subject to paragraphs (3) and (4), this Order comes into force on the date of the coming into operation of the Civil Aviation (Aircraft Registration and Marking) Order 2022 .

(3) Articles 7, 12 and 13(1)(b), (2)(b) and (3)(a) come into force on the date of the coming into operation of the Civil Aviation (Aerodromes) Order 2022 .

(4) Articles 8, 8A, 8B(b), 8C, 9(2), 11(a) and 13(3)(b) come into force on the date of the coming into operation of the Civil Aviation (Miscellaneous Amendments) Order 2022 .

Section 2 Amendment to the Air Navigation (Isle of Man) Order 2015

The Air Navigation (Isle of Man) Order 2015 is amended as follows.

Section 3 Registration and marking of aircraft

Omit articles 4 to 10.

Section 4 Operations

In article 11, after “an aircraft registered in the Isle of Man”, insert “prior to the date of the coming into operation of the Civil Aviation (Aircraft Registration and Marking) Order 2022 (SD 2022/0073) ” .

Section 5 Certificate of airworthiness

In article 15(2), for subparagraph (g) substitute—

(g) a single-seat deregulated aeroplane which is flying on a private flight.

Section 6 Marking of break-in areas

Omit article 63.

Section 7 Aerodromes, aeronautical lights and dangerous lights

Omit articles 126 to 134.

Section 8 Restriction on aerial photography, aerial survey and aerial work

Omit article 141.

Section 8A Revocation, suspension and variation of permissions, etc

In article 145—

(a) in the heading, omit “or article 141”;

(b) in paragraph (1), omit “or article 141”.

Section 8B Department’s power to prevent aircraft flying

In article 147(2)(a)—

(a) omit “10,”;

(b) for “, 139 or 141” substitute “or 139” .

Section 8C Exemption from Order

In article 156, omit “141,”.

Section 9 Interpretation

(1) In article 167(1)—

(a) after the definition of “Authorised person”, insert—

“ Basic Regulation ” means Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005 , (EC) No 1008/2008 , (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ;

(b) for the definition of “the Department”, substitute—

“ the Department ” means the Department for Enterprise of the Isle of Man Government;

(c) in the definition of “EASA”—

(i) after “European” insert “Union” ;

(ii) delete “EASA” in the second place it occurs;

(d) omit the definition of “Microlight aeroplane”;

(e) after the definition of “Night”, insert—

“ Non-Part 21 aircraft ” means an aircraft which would not be required by the Basic Regulation to hold a certificate of airworthiness or a restricted certificate of airworthiness under subpart H of Part 21 or a permit to fly under subpart P of Part 21;

(f) for the definition of “Part 21”, substitute—

“ Part 21 ” means the Annex so entitled to Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations;

(g) after the definition of “Self-sustaining glider”, insert—

“ Single-seat deregulated aeroplane ” means a non-Part 21 aircraft, other than an unmanned aircraft, which is designed to carry not more than one person, which has—

a maximum take-off mass not exceeding—

300kg for a landplane (or 390kg for a landplane of which at least 51% was built by an amateur, or non-profit making association of amateurs (“the association”), for the amateur or the association’s own purposes and without any commercial objective, in respect of which a permit to fly issued by the CAA was in force prior to 1st January 2003);

330kg for an amphibian or floatplane; or

315kg for a landplane equipped with an airframe mounted total recovery parachute system; and

a stalling speed, or minimum steady flight speed in the landing configuration, at the maximum take-off mass not exceeding 35 knots calibrated airspeed;

(2) For article 167(3), substitute—

(3) Aircraft shall be classified in accordance with the Classification of Aircraft in the Schedule to the Civil Aviation (Miscellaneous Provisions) Order 2020 (SD 2020/0134).

Section 10 Commercial air transport and aerial work

In article 172, after “commercial air transport flight”, insert “by an aircraft registered in the Isle of Man prior to the date of the coming into operation of the Civil Aviation (Aircraft Registration and Marking) Order 2022 (SD 2022/0073) ” .

Section 11 Classification and marking of aircraft and dealer certification

In Schedule 2, omit—

(a) Part 1 (classification of aircraft); and

(b) Parts 2 (conditions in aircraft dealer’s certificate) and 3 (nationality and registration marks of aircraft registered in the Isle of Man).

Section 12 Information and instructions to be included in an aerodrome manual

Omit Schedule 9.

Section 13 Penalties

(1) In Part 1 of Schedule 11, omit the entries in respect of—

(a) articles 6(6) and 7(1) to 7(3);

(b) articles 129(3), 130(4), 131 and 132.

(2) In Part 2 of Schedule 11, omit the entries in respect of—

(a) articles 10(1), 10(3) and 63(2);

(b) articles 126, 128, 129(4), 129(5), 129(7) to 129(10), 132A(3), 134(1) and 134(2), and 134(4) and 134(5).

(3) In Part 3 of Schedule 11, omit the entries in respect of—

(a) articles 134(6) and 134(7);

(b) article 141.

Section 14 Transitional and saving provision

Notwithstanding the revocation by article 3 of this Order of article 6 of the Air Navigation (Isle of Man) Order 2015, where an aircraft has been registered and a certificate of registration issued under article 6 of that Order, and the registration and certificate of registration are valid immediately before that revocation comes into force, the registration has effect as if done, and the certificate has effect as if issued, by the Department for Enterprise of the Isle of Man Government under article 9 of the Civil Aviation (Aircraft Registration and Marking) Order 2022.