text:
1
These Regulations may be cited as the Air Navigation (General) Regulations 1993, and shall come into force on 19th July 1993.
2
The following Regulations are hereby revoked, that is to say —
The Air Navigation (General) Regulations 1981 ;
The Air Navigation (General) (Amendment) Regulations 1985 ;
The Air Navigation (General) (Second Amendment) Regulations 1987 ;
The Air Navigation (General) (Third Amendment) Regulations 1989 .
3
In these Regulations, unless the context otherwise requires:
1
“ the Order ” means the Air Navigation Order 1989;
2
any reference to:
a
a numbered article is a reference to the article in the Air Navigation Order 1989 so numbered;
b
a numbered regulation is to the regulation in these Regulations so numbered;
c
a numbered paragraph, or numbered or lettered sub-paragraph, is a reference to the paragraph or sub-paragraph so numbered or lettered in the regulation or paragraph, as the case may be, in which that reference appears;
d
a numbered condition is a reference to the paragraph so numbered in the regulation or Schedule, as the case may be, in which that reference appears.
Load Sheets
4
1
Every load sheet required by article 29(4) shall contain the following particulars —
a
the nationality mark of the aircraft to which the load sheet relates, and the registration mark assigned to that aircraft by the Authority;
b
particulars of the flight to which the load sheet relates;
c
the total weight of the aircraft as loaded for that flight;
d
the weights of the several items from which the total weight of the aircraft, as so loaded, has been calculated including in particular the weight of the aircraft prepared for service and the respective total weights of the crew (unless included in the weight of the aircraft prepared for service), passengers, baggage and cargo intended to be carried on the flight;
e
the manner in which the load is distributed and the resulting position of the centre of gravity of the aircraft which may be given approximately if and to the extent that the relevant certificate of airworthiness so permits,
and shall include at the foot or end of the load sheet a certificate, signed by the person referred to in article 29(1) as responsible for the loading of the aircraft, that the aircraft has been loaded in accordance with the written instructions furnished to him by the operator of the aircraft pursuant to the said article 29(1).
2
a
For the purpose of calculating the total weight of the aircraft the respective total weights of the passengers and crew entered in the load sheet shall be computed from the actual weight of each person and for that purpose each person shall be separately weighed:
Provided that, in the case of an aircraft of which the maximum total weight authorised exceeds 5,700 kg or which has a total seating capacity authorised by the certificate of airworthiness in force in respect of that aircraft of 12 or more persons, the total weights of the passengers and crew may, subject to the provisions of sub-paragraph (b) and of paragraph (4), be calculated at not less than the appropriate weights shown in Table 1 and the load sheet shall bear a notation to that effect —
Table 1
Males over 12 years of age 75 kg
Save that on journeys by helicopters in support of or in connection with the exploitation of or exploration for mineral resources (including gas) and —
between the United Kingdom and any vessel or structure located at sea, or
between any two such vessels or structures where the last preceding journey from land or the next subsequent journey to land was from or is intended to be, as the case may be, the United Kingdom:
the appropriate weight for male passengers over 12 years shall be
83 kg Females over 12 years of age 65 kg On journeys between the United Kingdom, the Channel Islands or the Isle of Man or between any of them: Children aged 3 years or more, but not over 12 years of age 40 kg Infants under 3 years of age 10 kg On any other journey: Children aged 2 years or more, but not over 12 years of age 39 kg Infants under 2 years of age 8 kg
b
The actual weight of any immersion suit worn or carried by a passenger or crew member shall be added to the appropriate weight shown in Table 1 in each such case.
c
For the purposes of this regulation, “sea” includes any estuary or arm of the sea.
3
a
For the purpose of calculating the total weight of the aircraft the respective total weights of the baggage and cargo entered in the load sheet shall be computed from the actual weight of each piece of baggage, cargo or cargo container and for that purpose each piece or container shall be separately weighed:
Provided that, in the case of an aeroplane of which the maximum total weight authorised exceeds 5,700 kg or which has a total seating capacity of 12 or more persons, the total weights of the baggage may, subject to the provisions of paragraph (4), be calculated at not less than the weights shown in Table 2 and the load sheet shall bear a notation to that effect —
Table 2
1 Journey made by the aeroplane 2 Cabin baggage per passenger 3 Hold baggage per piece Scheduled journey Holiday journey
*
Not infants under 3 years of age on journeys within the United Kingdom, the Channel Islands or the Isle of Man or between any of them, or under 2 years of age on any other journey.
Domestic 3 kg 10 kg 13 kg European 3 kg 12 kg 13 kg Intercontinental 3 kg 14 kg 16 kg
b
If Table 2 has been used, subject to the provisions of paragraph (4) for determining the weight of hold baggage, it shall also be used, subject as aforesaid, for determining the weight of the cabin baggage.
c
For the purposes of this regulation —
i
A journey made by an aeroplane shall be treated as domestic if it is confined within an area joining successively the following points —
N6100.00 W01100.00 N5105.00 E00200.00 N4930.00 W01100.00 N6100.00 E00200.00 N4930.00 W00400.00 N6100.00 W01100.00
but excluding any journey to or from Shannon.
ii
A journey made by an aeroplane, not being a domestic journey, shall be treated as European if it is confined within an area joining successively the following points —
N6630.00 W03000.00 N3000.00 E03900.00 N2400.00 W01100.00 N6630.00 W3000.00 N6630.00 E03900.00 N03000.00. W01100.00 N2400.00 W03000.00
iii
A journey made by an aeroplane shall be treated as intercontinental if it is neither domestic nor European.
iv
A journey made by an aeroplane shall be treated as a holiday journey and not as a scheduled journey if it is made for the carriage of passengers each of whom is carried pursuant to an agreement which provides for carriage by air to a place outside Great Britain, and back from that place or from another place to Great Britain (whether or not on the same aeroplane) and for accommodation at a place outside Great Britain.
4
a
If it appears to the person supervising the loading of the aircraft that any passenger or baggage to be carried exceeds the weights set out in Table 1 or Table 2 of this regulation he shall, if he considers it necessary in the interests of the safety of the aircraft, or if the Authority has so directed in the particular case, require any such person or baggage to be weighed for the purpose of the entry to be made in the load sheet.
b
If any person or baggage has been weighed pursuant to sub-paragraph (a), the weights entered in the load sheet shall take account of the actual weight of that person or baggage, or of the weight determined in accordance with the respective provisos to paragraph (2) or (3), whichever weight shall be the greater.
Weight and performance: general provisions
5
1
The assessment of the ability of an aeroplane to comply with the requirements of regulations 6 to 11 inclusive and of a helicopter to comply with the requirements of regulations 19 to 21 inclusive (relating in either case to weight, performance and flights in specified meteorological conditions or at night) shall be based on the specified information as to its performance:
Provided that, in the case of an aeroplane in respect of which there is in force under the Order a certificate of airworthiness which does not include a performance group classification, the assessment may be based on the best information available to the commander of the aircraft, insofar as the relevant information is not specified.
2
In assessing the ability of an aeroplane to comply with condition (7) in the Schedule hereto, conditions (4) and (5) of regulation 7, and sub-paragraphs (a)(ii) and (b) of condition (2) in regulation 12, account may be taken of any reduction of the weight of the aeroplane which may be achieved after the failure of a power unit by such jettisoning of fuel as is feasible and prudent in the circumstances of the flight and in accordance with the flight manual included in the certificate of airworthiness relating to the aircraft.
3
In regulations 5 to 12 inclusive and regulations 19 to 21 inclusive, and in the Schedule hereto, unless the context otherwise requires —
“specified” in relation to an aircraft means specified in, or ascertainable by reference to —
the certificate of airworthiness in force under the Order in respect of that aircraft; or
the flight manual or performance schedule included in that certificate, or other document, whatever its title, incorporated by reference in that certificate;
“the emergency distance available” means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take off run to the nearest point in the direction of take off at which the aeroplane cannot roll over the surface of the aerodrome and be brought to rest in an emergency without the risk of accident;
“the landing distance available” means the distance from the point on the surface of the aerodrome above which the aeroplane can commence its landing, having regard to the obstructions in its approach path, to the nearest point in the direction of landing at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions or at which there is an obstacle capable of affecting the safety of the aeroplane;
“the take off distance available” means either the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take off run to the nearest obstacle in the direction of take off projecting above the surface of the aerodrome and capable of affecting the safety of the aeroplane, or one and one half times the take off run available, whichever is the less;
“the take off run available” means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take off run to the nearest point in the direction of take off at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions.
4
For the purposes of regulations 5 to 12 inclusive and regulations 19 to 21 inclusive and of the Schedule hereto —
a
the weight of the aircraft at the commencement of the take off run or of the take off shall be taken to be its gross weight including everything and everyone carried in or on it at the commencement of the take off run or of the take off;
b
the landing weight of the aircraft shall be taken to be the weight of the aircraft at the estimated time of landing allowing for the weight of the fuel and oil expected to be used on the flight to the aerodrome at which it is intended to land or alternate aerodrome, as the case may be;
c
where any distance referred to in paragraph (3) has been declared in respect of any aerodrome by the authority responsible for regulating air navigation over the territory of the Contracting State in which the aerodrome is situated, and in the case of an aerodrome in the United Kingdom, notified, that distance shall be deemed to be the relevant distance.
5
Nothing in regulations 5 to 12 inclusive or regulations 19 to 21 inclusive, shall apply to any aircraft flying solely for the purpose of training persons to perform duties in aircraft.
Weight and performance of public transport aeroplanes having no performance group classification in their certificates of airworthiness
6
For the purposes of article 30(1), an aeroplane registered in the United Kingdom, in respect of which there is in force under the Order a certificate of airworthiness which does not include a performance group classification, shall not fly for the purpose of public transport unless the weight of aeroplane at the commencement of the take off run is such that such of the conditions in the Schedule hereto as apply to that aircraft are satisfied.
Weight and performance of public transport aeroplanes classified as aeroplanes of performance group A or performance group B in their certificates of airworthiness
7
For the purposes of article 30(1), an aeroplane registered in the United Kingdom in respect of which there is in force under the Order a certificate of airworthiness in which the aeroplane is designated as being of performance group A or performance group B shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take off run is such that the following conditions are satisfied —
1
That weight does not exceed the maximum take off weight specified for the altitude and the air temperature at the aerodrome at which the take off is to be made.
2
The take off run, take off distance and the emergency distance respectively required for take off, specified as being appropriate to —
a
the weight of the aeroplane at the commencement of the take off run;
b
the altitude at the aerodrome;
c
the air temperature at the aerodrome;
d
the condition of the surface of the runway from which the take off will be made;
e
the slope of the surface of the aerodrome in the direction of take off over the take off run available, the take off distance available and the emergency distance available, respectively; and
f
not more than 50 per cent. of the reported wind component opposite to the direction of take off or not less than 150 per cent. of the reported wind component in the direction of take off,
do not exceed the take off run, the take off distance and the emergency distance available, respectively, at the aerodrome at which the take off is to be made; in ascertaining the emergency distance required, the point at which the pilot is assumed to decide to discontinue the take off shall not be nearer to the start of the take off run than the point at which, in ascertaining the take off run required and the take off distance required, he is assumed to decide to continue the take off, in the event of power unit failure.
3
a
The net take off flight path with one power unit inoperative, specified as being appropriate to —
i
the weight of the aeroplane at the commencement of the take off run;
ii
the altitude at the aerodrome;
iii
the air temperature at the aerodrome; and
iv
not more than 50 per cent. of the reported wind component opposite to the direction of take off or not less than 150 per cent. of the reported wind component in the direction of take off,
and plotted from a point 35 feet or 50 feet, as appropriate, above the end of the take off distance required at the aerodrome at which the take off is to be made to a height of 1,500 feet above the aerodrome, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet; and if it is intended that the aeroplane shall change its direction of flight by more than 15° before reaching 1,500 feet the vertical interval shall not be less than 50 feet during the change of direction.
b
For the purpose of sub-paragraph (a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed —
i
a distance of 60 metres plus half the wing span of the aeroplane plus one eighth of the distance from such point to the end of the take off distance available measured along the intended line of flight of the aeroplane; or
ii
900 metres,
whichever is the less.
c
In assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.
4
The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of continuing the flight, clearing by a vertical interval of at least 2,000 feet obstacles within 10 nautical miles either side of the intended track, to an aerodrome at which it can comply with condition (7) relating to an alternate aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with one power unit inoperative shall not be less than zero at 1,500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting:
Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the commander of the aeroplane will be able to maintain his intended track on that route within a margin of 5 nautical miles, the foregoing provisions of this paragraph shall have effect as if 5 nautical miles were substituted for 10 nautical miles.
5
a
In the case of an aeroplane having three or more power units, it will, in the meteorological conditions expected for the flight, in the event of any two power units becoming inoperative at any point along the route or on any planned diversion therefrom more than 90 minutes flying time in still air at the all power units operating economical cruise speed from the nearest aerodrome at which it can comply with condition (7), relating to an alternate aerodrome, be capable of continuing the flight with all other power units operating within the specified maximum continuous power conditions, clearing by a vertical interval of at least 2,000 feet obstacles within 10 nautical miles either side of the intended track to such an aerodrome, and on arrival over such an aerodrome the gradient of the specified net flight path with two power units inoperative shall not be less than zero at 1,500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting:
Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the commander of the aeroplane will be able to maintain his intended track on that route within a margin of 5 nautical miles, the foregoing provisions of this paragraph shall have effect as if 5 nautical miles were substituted for 10 nautical miles; or
b
In the case of an aeroplane having two power units and a maximum total weight authorised which exceeds 5,700 kg and which is not limited by its certificate of airworthiness to the carriage of less than 20 passengers, it will, in the meteorological conditions expected for the flight, at any point along the route or on any planned diversion therefrom, not be more than 60 minutes flying time at the normal one engine inoperative cruise speed in still air from the nearest aerodrome at which it can comply with condition (7), relating to an alternate aerodrome, unless it is flying under and in accordance with the terms of any written permission granted by the Authority to the operator under this regulation; or
c
In the case of an aeroplane having two power units and a maximum total weight authorised of 5,700 kg or less or in the case of an aeroplane having two power units and a maximum total weight authorised of more than 5,700 kg but which is limited by its certificate of airworthiness to the carriage of less than 20 passengers the aeroplane will, in the meteorological conditions expected for the flight, not be more than 90 minutes flying time in still air at the all power units operating economical cruise speed from the nearest aerodrome at which it can comply with condition (7), relating to an alternate aerodrome.
6
The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
7
a
i
In the case of a turbine-jet powered aeroplane, the landing distance required does not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on —
aa
the most suitable runway for a landing in still air conditions; and
bb
the runway that may be required for landing because of the forecast wind conditions.
ii
In the case of an aeroplane powered by turbine propeller or piston engines, the landing distances required, respectively specified as being appropriate to aerodromes of destination and alternate aerodromes, do not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on —
aa
the most suitable runway for a landing in still air conditions; and
bb
the runway that may be required for landing because of the forecast wind conditions:
Provided that if an alternate aerodrome is designated in the flight plan, the specified landing distance required may be that appropriate to an alternate aerodrome when assessing the ability of the aeroplane to satisfy this condition at the aerodrome of destination.
b
For the purposes of sub-paragraph (a) the landing distance required shall be that specified as being appropriate to —
i
the landing weight;
ii
the altitude of the aerodrome;
iii
the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;
iv
aa
a level surface in the case of runways usable in both directions; or
bb
the average slope of the runway in the case of runways usable in only one direction; and
v
aa
still air conditions in the case of the most suitable runway for a landing in still air conditions; and
bb
not more than 50 per cent. of the forecast wind component opposite to the direction of landing or not less than 150 per cent. of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
Weight and performance of public transport aeroplanes classified as aeroplanes of performance group C in their certificates of airworthiness.
8
For the purposes of article 30(1), an aeroplane registered in the United Kingdom in respect of which there is in force under the Order a certificate of airworthiness in which the aeroplane is designated as being of performance group C shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take off run is such that the following conditions are satisfied —
1
That weight does not exceed the maximum take off weight specified for the altitude and the air temperature at the aerodrome at which the take off is to be made.
2
The take off run required and the take off distance required, specified as being appropriate to —
a
the weight of the aeroplane at the commencement of the take off run;
b
the altitude at the aerodrome;
c
the air temperature at the aerodrome;
d
the average slope of the surface of the aerodrome in the direction of take off over the emergency distance available; and
e
not more than 50 per cent. of the reported wind component opposite to the direction of take off or not less than 150 per cent. of the reported wind component in the direction of take off, do not exceed the take off run available and the emergency distance available, respectively, at the aerodrome at which the take off is to be made.
3
a
Subject to condition (4), the net take off flight path with all power units operating specified as being appropriate to —
i
the weight of the aeroplane at the commencement of the take off run;
ii
the altitude of the aerodrome;
iii
the air temperature at the aerodrome; and
iv
not more than 50 per cent. of the reported wind component opposite to the direction of the take off or not less than 150 per cent. of the reported wind component in the direction of take off;
and plotted from a point 50 feet above the end of the take off distance required at the aerodrome at which the take off is to be made to a height of 1,500 feet above the aerodrome shows that the aeroplane will clear any obstacle in its path by a vertical interval of not less than 35 feet; and if it is intended that the aeroplane shall change its direction of flight by more than 15° before reaching 1,500 feet the vertical interval shall be not less than 50 feet during the change of direction.
b
For the purpose of sub-paragraph (a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed 75 metres.
c
In assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.
4
a
In the case of an aeroplane which is intended to be flown for any period before reaching a height of 1,500 feet above the aerodrome from which the take off is to be made in conditions which will not ensure that any obstacles can be located by means of visual observation, the net take off flight path with one power unit inoperative specified as being appropriate to the factors contained in sub-paragraphs (a)(i) to (iv) of condition (3), and plotted from the point of the net take off flight path with all power units operating specified as being appropriate to those factors at which in the meteorological conditions expected for the flight the loss of visual reference would occur, shows that the aeroplane will clear by a vertical interval of not less than 35 feet any obstacle in its path; and if it is intended that the aeroplane shall change its direction of flight by more than 15° before reaching 1,500 feet the vertical interval shall not be less than 50 feet during the change of direction.
b
For the purpose of sub-paragraph (a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed —
i
75 metres plus one-eighth of the distance from such point to the end of the emergency distance available measured along the intended line of flight of the aeroplane; or
ii
900 metres,
whichever is the less.
c
In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius of less than the specified radius of steady turn.
5
The aeroplane at any time after it reaches a height of 1,500 feet above the aerodrome from which the take off is made will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for safe flight stated in, or calculated from the information contained in, the operations manual relating to the aeroplane to a point 1,500 feet above an aerodrome at which a safe landing can be made and after arrival at that point be capable of maintaining that height:
Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route at an altitude exceeding the performance ceiling, with all power units operating, specified as being appropriate to its estimated weight at that point.
6
The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
7
Subject to condition (8), the distance required by the aeroplane to land from a height of 50 feet otherwise than in accordance with specified data for short field landing does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 per cent. of the landing distance available on the most suitable runway for a landing in still air conditions, and on the runway that may be required for landing because of the forecast wind conditions; and for the purposes of this condition the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to —
a
the landing weight;
b
the altitude at the aerodrome;
c
the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;
d
i
the level surface in the case of runways usable in both directions; or
ii
the average slope of the runway in the case of runways usable in only one direction; and
e
i
still air conditions in the case of the most suitable runway for landing in still air conditions; and
ii
not more than 50 per cent. of the forecast wind component opposite to the direction of landing or not less than 150 per cent. of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
8
As an alternative to condition (7), the distance required by the aeroplane, with all power units operating or with one power unit inoperative, to land in accordance with specified data for short field landing, does not at the aerodrome of intended destination and at any alternate aerodrome exceed the landing distance available on the most suitable runway for a landing in still air conditions and on the runway that may be required for landing because of the forecast wind conditions; and for the purposes of this condition the distance required to land from the appropriate height shall be taken to be that specified as being appropriate to the factors set forth in sub-paragraphs (a) to (e) of condition (7) and the appropriate height shall be —
a
for a landing with all power units operating — any height between 30 and 50 feet in the United Kingdom, and 50 feet elsewhere; and
b
for a landing with one power unit inoperative — 50 feet in the United Kingdom and elsewhere:
Provided that —
if the specified distance required to land with one power unit inoperative from a height of 50 feet at the aerodrome of intended destination exceeds the landing distance available, it shall be sufficient compliance with sub-paragraph (b) if an alternate aerodrome which has available the specified landing distance required to land with one power unit inoperative from such a height, is designated in the flight plan; and
the distance required by the aeroplane to land shall be determined in accordance with condition (7) and not in accordance with this condition if it is intended to land at night, or when the cloud ceiling or ground visibility forecast for the estimated time of landing at the aerodrome of intended destination and at any alternate aerodrome at which it is intended to land in accordance with specified data for short field landing with all power units operating, are less than 500 feet and one nautical mile respectively.
Weight and performance of public transport aeroplanes classified as aeroplanes of performance group D in their certificates of airworthiness
9
For the purposes of article 30(1), an aeroplane registered in the United Kingdom in respect of which there is in force under the Order a certificate of airworthiness in which the aeroplane is designated as being of performance group D shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1,000 feet and one nautical mile respectively, and shall not fly for the purpose of public transport at any other time unless the weight of the aeroplane at the commencement of the take off run is such that the following conditions are satisfied —
1
That weight does not exceed the maximum take off weight specified for the altitude and air temperature at the aerodrome at which the take off is to be made.
2
The take off run required and the take off distance required specified as being appropriate to —
a
the weight of the aeroplane at the commencement of the take off run;
b
the altitude of the aerodrome;
c
the air temperature at the aerodrome;
d
the average slope of the surface of the aerodrome in the direction of take off over the emergency distance available; and
e
not more than 50 per cent. of the reported wind component opposite to the direction of take off or not less than 150 per cent. of the reported wind component in the direction of take off,
do not exceed the take off run available and the emergency distance available, respectively, at the aerodrome at which the take off is to be made.
3
a
The net take off flight path with all power units operating, specified as being appropriate to —
i
the weight of the aeroplane at the commencement of the take off run;
ii
the altitude at the aerodrome;
iii
the air temperature at the aerodrome; and
iv
not more than 50 per cent. of the reported wind component opposite to the direction of take off or not less than 150 per cent. of the reported wind component in the direction of take off,
and plotted from a point of 50 feet above the end of the take off distance required at the aerodrome at which the take off is to be made to the point at which the aeroplane reaches a height of 1,000 feet above the aerodrome shows that the aeroplane will clear any obstacle in its path by a vertical interval of not less than 35 feet, except that if it is intended that the aeroplane shall change its direction of flight by more than 15° before reaching 1,000 feet the vertical interval shall be not less than 50 feet during the change of direction
b
For the purpose of sub-paragraph (a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed 75 metres.
c
In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.
4
The aeroplane, at any time after it reaches a height of 1,000 feet above the aerodrome from which the take off is to be made, will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units, if any, operating within the maximum specified continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitudes for safe flight stated in, or calculated from the information contained in, the operations manual relating to the aeroplane to a point 1,000 feet above a place at which a safe landing can be made:
Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route at an altitude exceeding the performance ceiling with all power units operating specified as being appropriate to its estimated weight at that point.
5
The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
6
The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 per cent. of the landing distance available on the most suitable runway for a landing in still air conditions, and on the runway that may be required for landing because of the forecast wind conditions; and for the purposes of the runway that may be required for this condition the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to —
a
the landing weight;
b
the altitude at the aerodrome;
c
the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;
d
i
a level surface in the case of runways usable in both directions; or
ii
the average slope of the runway in the case of runways usable in only one direction; and
e
i
still air conditions in the case of the most suitable runway for a landing in still air conditions; and
ii
not more than 50 per cent. of the forecast wind component opposite to the direction of landing or not less than 150 per cent. of the forecast wind component in the direction of landing in the case of the runway that may be required for the landing because of the forecast wind conditions.
Weight and performance of public transport aeroplanes classified as aeroplanes of performance group E in their certificates of airworthiness
10
1
For the purposes of article 30(1), an aeroplane registered in the United Kingdom in respect of which there is in force under the Order a certificate of airworthiness in which the aeroplane is designated as being of performance group E shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take off run is such that the following conditions are satisfied —
a
That weight for the altitude and the air temperature at the aerodrome at which the take off is to be made does not exceed the maximum take off weight specified as being appropriate to:
i
the weight at which the aeroplane is capable, in the en route configuration and with all power units operating within the specified maximum continuous power conditions, of a rate of climb of 700 feet per minute if it has retractable landing gear and of 500 feet per minute if it has fixed landing gear; and
ii
the weight at which the aeroplane is capable, in the en route configuration and if it is necessary for it to be flown solely by reference to instruments for any period before reaching the minimum altitude for safe flight on the first stage of the route to be flown, stated in, or calculated from the information contained in, the operations manual relating to the aeroplane and, with one power unit inoperative, of a rate of climb of 150 feet per minute.
b
The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take off power conditions specified, when multiplied by a factor of 1:33 does not exceed the emergency distance available at the aerodrome at which the take off is to be made. The distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to —
i
the weight of the aeroplane at the commencement of the take off run;
ii
the altitude at the aerodrome;
iii
the air temperature at the aerodrome; and
iv
not more than 50 per cent. of the reported wind component opposite to the direction of take off or not less than 150 per cent. of the reported wind component in the direction of take off.
c
The aeroplane, at any time after it reaches a height of 1,000 feet above the aerodrome from which take off is to be made, will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or units, if any, operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for the safe flight stated in, or calculated from the information contained in, the operations manual relating to the aeroplane to a point 1,000 feet above a place at which a safe landing can be made:
Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route or on any planned diversion therefrom at an altitude exceeding that at which it is capable of a rate of climb with all power units operating within the maximum continuous power conditions specified of 150 feet per minute and, if it is necessary for it to be flown solely by reference to instruments, be capable, with one power unit inoperative, of a rate of climb of 100 feet per minute.
d
The landing weight of the aeroplane for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome will not exceed the maximum landing weight specified —
i
at which the aeroplane is capable, in the en route configuration and with all power units operating within the specified maximum continuous power conditions, of a rate of climb of 700 feet per minute if it has retractable landing gear and of 500 feet per minute if it has fixed landing gear; and
ii
at which the aeroplane is capable in the en route configuration and if it is necessary for it to be flown solely by reference to instruments for any period after leaving the minimum altitude for safe flight on the last stage of the route to be flown, stated in, or calculated from the information contained in, the operations manual relating to the aeroplane and with one power unit inoperative, of a rate of climb of 150 feet per minute.
e
The landing distance required does not, at the aerodrome at which it is intended to land and at any alternate aerodrome exceed 70 per cent. of the landing distance available on the most suitable runway for a landing in still air conditions, and for the purposes of this sub-paragraph the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to —
i
the landing weight;
ii
the altitude at the aerodrome; and
iii
the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome.
2
An aeroplane designated as aforesaid as an aeroplane of performance group E shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1,000 feet and one nautical mile respectively:
Provided that the foregoing prohibition shall not apply if the aeroplane is capable, in the en route configuration and with one power unit inoperative, of a rate of climb of 150 feet per minute.
Weight and performance of public transport aeroplanes classified as aeroplanes of performance group F in their certificates of airworthiness
11
For the purposes of article 30(1), an aeroplane registered in the United Kingdom in respect of which there is in force under the Order a certificate of airworthiness in which the aeroplane is designated as being of performance group F shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take off run is such that the following conditions are satisfied —
1
That weight does not exceed the maximum take off weight specified for the altitude and the air temperature at the aerodrome at which the take off is to be made.
2
The take off distance required specified as being appropriate to —
a
the weight of the aeroplane at the commencement of the take off run;
b
the altitude at the aerodrome;
c
the air temperature at the aerodrome; and
d
the average slope of the surface of the aerodrome in the direction of take off over the take off run available; and not more than 50 per cent. of the reported wind component opposite to the direction of take off or not less than 150 per cent. of the reported wind component in the direction of take off,
does not exceed the take off run available at the aerodrome at which the take off is to be made.
3
The aeroplane, at any time after it reaches a height of 1,000 feet above the aerodrome from which take off is to be made, will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units, if any, operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for safe flight stated in, or calculated from the information contained in the operations manual relating to the aeroplane to a point 1,000 feet above —
a
in the case of an aeroplane having one power unit, a place at which a safe landing can be made; and
b
in the case of an aeroplane having two or more power units, an aerodrome at which it can comply with condition (5).
Provided that, in assessing the ability to satisfy this condition —
the aeroplane shall not be assumed to be capable of flying, at any point on its route or on any planned diversion therefrom, at an altitude exceeding that at which it is capable of a gradient of climb, with all power units operating within maximum continuous power conditions specified, of 2 per cent., and
over those parts of the route or any planned diversion therefrom, where in the meteorological conditions expected for the flight it is expected that the aeroplane will be out of sight of the surface due to cloud cover at or below the relevant minimum safe altitude, the aeroplane shall be required to be capable of a gradient of climb, with one power unit inoperative and with the other power unit or power units operating within the specified maximum continuous power conditions, at the relevant minimum safe altitude, of 1 per cent.
4
The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
5
a
The landing distance required does not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on the most suitable runway for a landing in still air conditions;
b
For the purposes of sub-paragraph (a) the landing distance required shall be that specified as being appropriate to —
i
the landing weight;
ii
the altitude at the aerodrome;
iii
the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;
iv
a runway with a level surface; and
v
still air conditions.
6
A single-engined aeroplane designated as aforesaid as an aeroplane of performance group F shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure or forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1,000 feet and one nautical mile respectively.
Weight and performance of public transport aeroplanes classified as aeroplanes of performance group X in their certificates of airworthiness
12
For the purposes of article 30(1), an aeroplane in respect of which there is in force under the Order a certificate of airworthiness designating the aeroplane as being of performance group X shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take off run is such that the following conditions are satisfied —
1
a
That weight does not exceed the maximum take off weight specified for the altitude at the aerodrome at which the take off is to be made, or for the altitude and the air temperature at such aerodrome, as the case may be.
b
The minimum effective take off runway length required, specified as being appropriate to —
i
the weight of the aeroplane at the commencement of the take off run;
ii
the altitude at the aerodrome;
iii
the air temperature at the time of take off;
iv
the condition of the surface of the runway from which the take off will be made;
v
the overall slope of the take off run available; and
vi
not more than 50 per cent. of the reported wind component opposite to the direction of take off or not less than 150 per cent. of the reported wind component in the direction of take off, does not exceed the take off run available at the aerodrome at which the take off is to be made.
c
i
The take off flight path with one power unit inoperative, specified as being appropriate to —
aa
the weight of the aeroplane at the commencement of the take off run;
bb
the altitude at the aerodrome; and
cc
not more than 50 per cent. of the reported wind component opposite to the direction of take off or not less than 150 per cent. of the reported wind component in the direction of take off,
and plotted from a point 50 feet above the end of the minimum effective take off runway length required at the aerodrome at which the take off is to be made, shows that the aeroplane will thereafter clear any obstacle in its path by a vertical interval of not less than the greater of 50 feet or 35 feet plus one-hundredth of the distance from the point on the ground below the intended line of flight of the aeroplane nearest to the obstacle to the end of the take off distance available, measured along the intended line of flight of the aeroplane.
ii
For the purpose of sub-paragraph (i) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight does not exceed —
aa
a distance of 60 metres plus half the wing span of the aeroplane plus one-eighth of the distance from such point to the end of the take off distance available measured along the intended line of flight; or
bb
900 metres,
whichever is the less.
iii
In assessing the ability of the aeroplane to satisfy this condition, in so far as it relates to flight path, it shall not be assumed to make a change of direction of a radius less than the radius of steady turn corresponding to an angle of bank of 15°.
2
a
i
Subject to sub-paragraph (ii), the weight of the aeroplane at any point on the route or any planned diversion therefrom, having regard to the fuel and oil expected to be consumed up to that point, shall be such that the aeroplane, with one power unit inoperative and the other power unit or units operating within the maximum continuous power conditions specified, will be capable of a rate of climb of at least K(Vso/100) 2 feet per minute at an altitude not less than the minimum altitude for safe flight stated in or calculated from the information contained in the operations manual relating to the aeroplane, where Vso is in knots and K has the value of 797-1060/N, N being the number of power units installed.
ii
As an alternative to sub-paragraph (i), the aeroplane may be flown at an altitude from which, in the event of failure of one power unit, it is capable of reaching an aerodrome where a landing can be made in accordance with sub-paragraph (b) of condition (3) relating to an alternate aerodrome. In that case the weight of the aeroplane shall be such that, with the remaining power unit or units operating within the maximum continuous power conditions specified, it is capable of maintaining a minimum altitude on the route to such aerodrome of 2,000 feet above all obstacles within 10 nautical miles on either side of the intended track:
Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the commander of the aeroplane will be able to maintain his intended track on that route within a margin of 5 nautical miles, the foregoing provisions of this sub-paragraph shall have effect as if 5 nautical miles were substituted therein for 10 nautical miles and
the rate of climb, specified for the appropriate weight and altitude, used in calculating the flight path shall be reduced by an amount equal to K(Vso/100) 2 feet per minute;
the aeroplane shall comply with the climb requirements of sub-paragraph (a)(i) of condition (2) at 1,000 feet above the chosen aerodrome;
account shall be taken of the effect of wind and temperature on the flight path; and
the weight of the aeroplane may be assumed to be progressively reduced by normal consumption of fuel and oil.
b
An aeroplane having four power units shall, if any two power units become inoperative at any point along the route or any planned diversion therefrom, being a point more than 90 minutes flying time (assuming all power units to be operating) from the nearest aerodrome at which a landing can be made in compliance with sub-paragraph (b) of condition (3) relating to an alternate aerodrome, be capable of continuing the flight at an altitude of not less than 1,000 feet above ground level to a point above that aerodrome. In assessing the ability of the aeroplane to satisfy this condition, it shall be assumed that the remaining power units will operate within the specified maximum continuous power conditions, and account shall be taken of the temperature and wind conditions expected for the flight.
3
a
The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude at the aerodrome at which it is intended to land and at any alternate aerodrome.
b
The required landing runway lengths respectively specified as being appropriate to the aerodrome of intended destination and the alternate aerodromes do not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on —
i
the most suitable runway for landing in still air conditions; and
ii
the runway that may be required for landing because of the forecast wind conditions,
the required landing runway lengths being taken to be those specified as being appropriate to —
aa
the landing weight;
bb
the altitude at the aerodrome;
cc
still air conditions in the case of the most suitable runway for a landing in still air conditions; and
dd
not more than 50 per cent. of the forecast wind component opposite to the direction of landing or not less than 150 per cent. of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
Noise and vibration caused by aircraft on aerodromes
13
For the purposes of article 83, the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, aerodromes owned or managed by the Authority, 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, shall be as follows —
a
the aircraft is taking off or landing; or
b
the aircraft is moving on the ground or water; or
c
the engines are being operated in the aircraft —
i
for the purpose of ensuring their satisfactory performance;
ii
for the purpose of bringing them to a proper temperature in preparation for, or at the end of, a flight; or
iii
for the purpose of ensuring that the instruments, accessories or other components of the aircraft are in a satisfactory condition.
Certificates of maintenance review and of release to service — issue by maintenance engineers licensed by prescribed countries
14
For the purposes of articles 9(3)(a)(iii) and 11(6)(a)(iii), the following countries are hereby prescribed:
Antigua
Australia
Bahamas
Barbados
Belize
British Virgin Islands
Brunei Darussalem
Burma
Canada
Cayman Islands
Dominica
Ghana
Grenada
Guyana
Hong Kong
India
Republic of Ireland
Jamaica
Kenya
Kuwait
Malawi
Malaysia
Montserrat
New Zealand
Pakistan
St. Christopher, Nevis, Anguilla
St. Lucia
St. Vincent and the Grenadines
Singapore
Republic of South Africa
Sri Lanka
The Sudan
Trinidad and Tobago
Turks and Caicos Islands
Uganda
Tanzania
Zambia
Aeroplanes flying for the purpose of public transport of passengers — aerodrome facilities for approach to landing and landing
15
1
This regulation shall apply to every aeroplane registered in the United Kingdom engaged on a flight for the purpose of public transport of passengers on a scheduled journey and to every aeroplane so registered whose maximum total weight authorised exceeds 5,700 kg engaged on such a flight otherwise than on a scheduled journey.
2
For the purposes of article 28(1)(c), the following manning and equipment are prescribed in relation to aerodromes intended to be used for landing or as an alternate aerodrome by aircraft to which this regulation applies —
a
air traffic control service or aerodrome flight information service, including the reporting to aircraft of the current meteorological conditions at the aerodrome;
b
very high frequency radiotelephony;
c
at least one of the following radio navigation aids, either at the aerodrome or elsewhere, and in either case for the purpose of assisting the pilot in locating the aerodrome and in making an approach to landing there —
i
radio direction finding equipment utilising emissions in the very high frequency bands;
ii
a non-directional radio beacon transmitting signals in the low or medium frequency bands;
iii
very high frequency omni-directional radio range;
iv
radio navigation land stations forming part of the Decca radio navigation system;
v
radar equipment.
It shall be sufficient if the equipment specified in sub-paragraph (c) is provided, even if for the time being it is not in operation.
3
An aircraft to which this regulation applies shall not land or make an approach to landing at any aerodrome unless services and equipment according with paragraph (2) are provided and are in operation at that aerodrome, and can be made use of by that aircraft, and, in the case of the navigation aids specified in sub-paragraph (c), items (i) to (iv), instructions and procedures for the use of the aid are included in the operations manual relating to the aircraft. A person shall be deemed not to have contravened the provisions of this paragraph if he proves that —
a
for the time being use could not be made of the radio navigation aids provided under sub-paragraph (2)(c) whether by reason of those aids not being in operation or of the unserviceability of equipment in the aircraft itself; and
b
the approach to landing was made in accordance with instructions and procedures appropriate to that circumstance and included in the operations manual.
Pilots maintenance — prescribed repairs or replacements
16
For the purposes of article 11(3), the following repairs or replacements are hereby prescribed —
1
Replacement of landing gear tyres, landing skids or skid shoes;
2
Replacement of elastic shock absorber cord units on landing gear where special tools are not required;
3
Replacement of defective safety wiring or split pins excluding those in engine, transmission, flight control and rotor systems;
4
Patch-repairs to fabric not requiring rib stitching or the removal of structural parts or control surfaces, if the repairs do not cover up structural damage and do not include repairs to rotor blades;
5
Repairs to upholstery and decorative furnishing of the cabin or cockpit interior when repair does not require dismantling of any structure or operating system or interfere with an operating system or affect the structure of the aircraft;
6
Repairs, not requiring welding, to fairings, non-structural cover plates and cowlings;
7
Replacement of side windows where that work does not interfere with the structure or with any operating system;
8
Replacement of safety belts or safety harness;
9
Replacement of seats or seat parts not involving dismantling of any structure or of any operating system;
10
Replacement of bulbs, reflectors, glasses, lenses or lights;
11
Replacement of any cowling not requiring removal of the propeller, rotors or disconnection of engine or flight controls;
12
Replacement of unserviceable sparking plugs;
13
Replacement of batteries;
14
Replacement of wings and tail surfaces and controls, the attachments of which are designed to provide for assembly immediately before each flight and dismantling after each flight;
15
Replacement of main rotor blades that are designed for removal where special tools are not required;
16
Replacement of generator and fan belts designed for removal where special tools are not required;
17
Replacement of VHF communication equipment, being equipment which is not combined with navigation equipment.
Mandatory reporting — prescribed reportable occurrences, time and manner of reporting and information to be reported
17
1
For the purposes of article 94(1), the following reportable occurrences are hereby prescribed, that is to say those —
a
involving damage to an aircraft;
b
involving injury to a person;
c
involving the impairment during a flight of the capacity of a member of the flight crew of an aircraft to undertake the functions to which his licence relates;
d
involving the use in flight of any procedures taken for the purpose of overcoming an emergency;
e
involving the failure of an aircraft system or of any equipment of an aircraft;
f
arising from the control of an aircraft in flight by its flight crew;
g
arising from failure or inadequacy of facilities or services on the ground used or intended to be used for the purposes of or in connection with the operation of aircraft;
h
arising from the loading or the carriage of passengers, cargo (including mail) or fuel;
and those which are not referred to in sub-paragraphs (a) to (h) but which, in the opinion of a person referred to in sub-paragraphs (a) to (e) of article 94(1), constitute an occurrence endangering, or which if not corrected would endanger, the safety of an aircraft, its occupants or any other person.
2
For the purposes of this regulation, an aircraft system includes the flight control, power plant, fuel, hydraulic, pneumatic, pressurisation, electrical, navigation and any other system of the aircraft.
3
For the purposes of article 94(1), it is hereby prescribed that a report containing the information referred to in paragraph (4) shall be despatched in writing, or in such other form as the Authority may approve, and by the quickest available means to the Authority within 96 hours of the reportable occurrence coming to the knowledge of the person making the report:
Provided that if at that time any of the said information is not in the possession of that person, he shall despatch that information to the Authority in writing, or in such other form as the Authority may approve, and by the quickest available means within 96 hours of the information coming into his possession.
4
For the purposes of article 94(1), a report shall, as far as possible, contain the following information:
a
the type, series and registration marks of the aircraft concerned;
b
the name of the operator of the aircraft;
c
the date of the reportable occurrence;
d
if the person making the report has instituted an investigation into the reportable occurrence, whether or not this has been completed;
e
a description of the reportable occurrence, including its effects and any other relevant information;
f
in the case of a reportable occurrence which occurs during flight —
i
the Co-ordinated Universal Time of the occurrence;
ii
the last point of departure and the next point of intended landing of the aircraft at that time; and
iii
the geographical position of the aircraft at that time;
g
in the case of a defect in or malfunctioning of an aircraft or any part or equipment of an aircraft, the name of the manufacturer of the aircraft, part or equipment, as the case may be, and, where appropriate, the part number and modification standard of the part or equipment and its location on the aircraft;
h
the signature and name in block capitals of the person making the report, the name of his employer and the capacity in which he acts for that employer; and
i
in the case of a report made by the commander of an aircraft or a person referred to in sub-paragraph (c) or (d) of article 94(1), the address or telephone number at which communications should be made to him, if different from that of his place of employment.
Minimum navigation performance specifications — prescribed airspace and navigation performance capability
18
1
For the purposes of article 39(1)(a), the following navigation performance capability is hereby prescribed, that is to say, a capability to ensure that: —
a
the standard deviation of lateral errors in the track of the aircraft is not more than 6.3 nautical miles; and
b
the proportion of the flight time of the aircraft during which the actual track of the aircraft is 30 nautical miles or more off the track along which it has been given an air traffic control clearance to fly is less than 5.3 × 10 −4 and
c
the proportion of the flight time of the aircraft during which the actual track of the aircraft is between 50 and 70 nautical miles off the track along which it has been given an air traffic control clearance to fly is less than 13 × 10 −5 .
2
For the purposes of article 39(1), the following airspace is hereby prescribed, that is to say, the airspace from flight level 275 to flight level 400 within the area defined by rhumb lines joining successively the following points —
N3410.00 W01748.00 N3630.00 W01500.00 N4200.00 W01500.00 N4300.00 W01300.00 N4500.00 W01300.00 N4500.00 W00800.00 N5100.00 W00800.00 N5100.00 W01500.00 N5400.00 W01500.00 N5434.00 W01000.00 N6100.00 W01000.00 N6100.00 00000.00 N8200.00 00000.00 N8200.00 E03000.00 North Pole N8200.00 W06000.00 N7800.00 W07500.00 N7600.00 W07600.00 N6500.00 W05745.00 N6500.00 W06000.00 N6400.00 W06300.00 N6100.00 W06300.00 N5700.00 W05900.00 N5300.00 W05400.00 N4900.00 W05100.00 N4500.00 W05100.00 N4500.00 W05300.00 N4336.00 W06000.00 N4152.00 W06700.00 N3900.00 W06700.00 N3835.00 W06853.00 N3830.00 W06915.00 N3830.00 W06000.00 N2700.00 W06000.00 N2700.00 W02500.00 N3000.00 W02500.00 N3000.00 W02000.00 N3139.00 W01725.00
thence by that part of the arc of a circle radius 100 nautical miles centered on N3304.00 W01621.00 to N3410.00 W01748.00.
Weight and performance of public transport helicopters classified as helicopters of performance group A in their certificate of airworthiness
19
For the purposes of article 30(1), a helicopter registered in the United Kingdom in respect of which there is in force under the Order a certificate of airworthiness in which the helicopter is designated as being of performance group A shall not fly for the purpose of public transport unless the weight of the helicopter at the commencement of take off is such that the following conditions are satisfied —
1
The weight does not exceed the maximum take off weight specified for the altitude and the air temperature at the site from which the take off is to be made.
2
The landing weight of the helicopter will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the site at which it is intended to land and at any alternate site.
Weight and performance of public transport helicopters classified as helicopters of performance group A (Restricted) in their certificate of airworthiness
20
For the purposes of article 30(1), a helicopter registered in the United Kingdom in respect of which there is in force under the Order a certificate of airworthiness in which the helicopter is designated as being of performance group A (Restricted) shall not fly for the purpose of public transport when the cloud ceiling or visibility prevailing at the departure site and forecast for the estimated time of landing at the site at which it is intended to land and at any alternate site are less than 500 feet and 1000 metres respectively and shall not fly for the purpose of public transport at any other time unless the weight of the helicopter at the commencement of take off is such that the following conditions are satisfied —
1
The weight does not exceed the maximum take off weight specified for the altitude and the air temperature at the site from which the take off is to be made.
2
The landing weight of the helicopter will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the site at which it is intended to land and at any alternate site:
Provided that this regulation shall not apply to a helicopter flying under and in accordance with the terms of a police air operator’s certificate.
Weight and performance of public transport helicopters classified as helicopters of performance group B in their certificate of airworthiness
21
For the purposes of article 30(1), a helicopter registered in the United Kingdom in respect of which there is in force under the Order a certificate of airworthiness in which the helicopter is designated as being of performance group B shall not fly for the purpose of public transport at night or out of sight of the surface or when the cloud ceiling or visibility prevailing at the departure site and forecast for the estimated time of landing at the site at which it is intended to land are less than 600 feet and 1000 metres respectively and shall not fly for the purpose of public transport at any other time unless the weight of the helicopter at the commencement of take off is such that the following conditions are satisfied —
1
The weight does not exceed the maximum take off weight specified for the altitude and the air temperature at the site from which the take off is to be made.
2
The landing weight of the helicopter will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the site at which it is intended to land and at any alternate site:
Provided that this regulation shall not apply to a helicopter flying under and in accordance with the terms of a police air operator’s certificate.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
29th June 1993


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Protection of Wrecks (MV Braer) Order 1993 and shall come into force on 6th February 1993.
2
1
The vessel in respect of which this Order is made is the merchant vessel “BRAER” which lies wrecked at Latitude 59°53'24"N, Longitude 01°21'24"W.
2
The area within a distance of 500 metres of that position is hereby designated as a prohibited area for the purposes of the Protection of Wrecks Act 1973.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
5th February 1993


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) (Partial Revocation) Order 1993 and shall come into force on 14th January 1993.
Partial Revocation
2
1
The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) (Order) 1991 is hereby revoked so far as it designates any part of the area set out in Part I of the Schedule to this Order.
2
In consequence of that revocation the designated area for the purposes of that Order is that area set out in Part II of the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
6th January 1993.


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Plant Breeders' Rights (Tomatoes) Scheme 1993 and shall come into force on 1st December 1993.
2
In this Scheme “the Act”means the Plant Varieties and Seeds Act 1964.
Plant Varieties for which plant breeders' rights may be granted
2
There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties which conform with the characteristics of cultivated plant varieties of the species Lycopersicon lycopersicum (L) Karst. ex Farwell.
Period for which rights are exercisable
3
The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in the last preceding paragraph shall be 20 years.
Class of plant varieties for the purposes of section 5(7) of the Act
4
In relation to Lycopersicon lycopersicum (L) Karst. ex Farwell. the class of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) consists of all plant varieties of tomato.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th November 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th November 1993
John Redwood
Secretary of State for Wales
4th November 1993
Patrick Mayhew
Secretary of State for Northern Ireland
10th November 1993
Home Office
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
5th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal United Hospital, Bath, National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 14th October 1993.
2
In this Order: —
“the Authority” means Bath Health Authority;
“the Trust” means the Royal United Hospital, Bath, National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd April 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th October 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th September 1993.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Acquisition of Grant-maintained Status) (Ballot Information) Regulations 1993 and shall come into force on the 1st January 1994.
2
In these Regulations, references to “the 1993 Act” are to the Education Act 1993.
Information to be given to persons eligible to vote in a ballot
2
1
Where the governing body of a school are under a duty to hold a ballot of parents by virtue of section 25 or 26 of the 1993 Act, the information to be given in accordance with section 28(3)(a) of that Act to every person eligible to vote in the ballot shall be such information about the procedure for and consequences of acquisition of grant-maintained status as may reasonably be expected to enable him to form a proper judgment as to whether or not such status should be sought for the school, including, in particular, the information required by paragraph (2) below.
2
The information referred to in paragraph (1) above is —
a
a general explanation of the provisions of Part II of the 1993 Act relating to —
i
the procedure for acquisition of grant-maintained status;
ii
the constitution and powers of the governing body of a grant-maintained school; and
iii
the conduct and funding of such a school.
b
the number of —
i
initial teacher governors;
ii
initial first or (as the case may be) foundation governors; and
iii
in the case of a primary school, initial parent governors,
that will be specified in any proposals for acquisition of grant-maintained status for the school if the result of the ballot is in favour of seeking such status;
c
the name of any person to be specified as a sponsor of the school in any such proposals, and the number of proposed initial sponsor governors to be appointed by him;
d
the names and addresses of the persons, so far as ascertained, who would be required by sections 71 and 73, and by regulations made under section 77, of the 1993 Act to be named in any such proposals as at a specified date by reference to which the information required for the purposes of this sub-paragraph was compiled for the purposes of the ballot;
e
an explanation of the requirements applicable under Chapter V of Part II of the 1993 Act (and any regulations made thereunder) where —
i
the determination of an initial governor of an elected category is pending (within the meaning of paragraph 6 of Schedule 3 to that Act) on the date of publication of proposals for acquisition of grant-maintained status; or
ii
a proposed initial first, foundation or sponsor governor has not been selected on the date of publication of any such proposals;
f
an explanation of —
i
the circumstances in which a person named as a proposed initial governor in any such proposals may be replaced under (as the case may be) section 74 or 75, or regulations made under section 77, of the 1993 Act; and
ii
the procedure applicable in each case in which a replacement is required; and
g
the date which will be included in any proposals for acquisition of grant-maintained status made in respect of the school as the proposed date of implementation of the proposals if the result of the ballot is in favour of seeking grant-maintained status.
John Patten
Secretary of State for Education
6th December 1993
John Redwood
Secretary of State for Wales
16th December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glasgow Royal Infirmary University National Health Service Trust (Establishment) Order 1993 and shall come into force on 6th December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 6th December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Glasgow Royal Infirmary University National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Glasgow Royal Infirmary University National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishments or facilities known as Glasgow Royal Infirmary, Glasgow Royal Maternity Hospital, Canniesburn Hospital and Lightburn Hospital, all in Glasgow, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including management of the teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors, one of whom shall be appointed from the University of Glasgow, and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Greater Glasgow Health Board shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Greater Glasgow Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Greater Glasgow Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
2nd December 1993


text:
1
This Order may be cited as the Family Provision (Intestate Succession) Order 1993 and shall come into force on 1st December 1993.
2
In the case of a person dying after the coming into force of this Order, section 46(1) of the Administration of Estates Act 1925 shall apply as if the net sums charged by paragraph (i) on the residuary estate were: —
a
under paragraph (2) of the Table, the sum of £125,000; and
b
under paragraph (3) of the Table, the sum of £200,000.
Mackay of Clashfern, C.
Dated 29th November 1993


text:
Citation and commencement
1
1
This Order may be cited as the A1 Trunk Road (Islington) Red Route Traffic Order 1993 and shall come into force on 23rd April 1993.
Interpretation
2
1
In this Order–
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“designated parking place” means a parking place designated by an Order under section 45 of the Road Traffic Regulation Act 1984;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” and “London local service licence” have the same meanings as in Part II of the Transport Act 1985 ; and
“trunk road red route” has the meaning given in article 3.
2
References in this Order to a disabled person, to a disabled person’s vehicle and to a vehicle displaying a disabled person’s badge in the relevant position shall be construed in accordance with the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1968 .
3
For the purposes of this Order, a vehicle shall be deemed–
a
to have stopped or to be at rest in a length of road specified in a Schedule if any point in that length of road is below the vehicle or its load (if any) and the vehicle is at rest; or
b
to have waited for more than a period specified in article 4(2) in a length of road specified in a Schedule if any one point in that length of road is below the vehicle or its load (if any) throughout a period exceeding the specified period whether or not the vehicle is moved during that period.
and for the purposes of article 4(2), any time during which a vehicle is at rest in the circumstances set out in articles 6 to 10 shall not be regarded as a previous period when the vehicle was at rest.
4
A reference in this Order to a length of road specified in a Schedule or in a Part of a Schedule is–
a
if the Schedule is Schedule 1, a reference to every part of the length of road described in a single paragraph in that Schedule or a Part of that Schedule; or
b
if the Schedule is Schedule 2, 3 or 4, a reference to every part of the length of road described in a single paragraph of the Schedule or a Part of the Schedule in question which lies between the edge of the carriageway and the centre of the road on the side stated in that paragraph or otherwise indicated in that Schedule;
and a reference to the name of a road is, where applicable, a reference to so much of that road which is in the London Borough of Islington.
5
Unless the context otherwise requires, a reference in this Order–
a
to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order, and
b
to a numbered paragraph is a reference to the paragraph bearing that number in the article in which the reference occurs.
Application
3
This Order shall apply to the lengths of road in the London Borough of Islington specified in Schedule 1 (such lengths being referred to in this Order collectively as the “trunk road red route”).
Restrictions on vehicles stopping or remaining at rest
4
1
No person shall cause or permit a vehicle to stop or remain at rest during the restricted hours in the trunk road red route.
2
Paragraph (1) does not prohibit a person from causing or permitting a vehicle to wait during the prescribed hours–
a
in any length of road specified in Part I, II or III of Schedule 2 for a period of up to 1 hour not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours; or
b
in any length of road specified in any of Parts I to VIII of Schedule 3 for the purpose of delivering or collecting goods or loading or unloading the vehicle–
i
for so long as may be necessary for that purpose, or
ii
a period of 20 minutes,
whichever is the less.
3
Paragraph (1) does not prohibit a person from causing or permitting a vehicle displaying a disabled person’s badge in a relevant position to wait during the prescribed hours–
a
in a length of road specified in any of Parts I to V of Schedule 2, or
b
in any length of road specified in Parts I to VIII of Schedule 3 for a period of up to 2 hours not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours.
4
In this article “restricted hours”, in relation to a length of road specified in a Part of Schedule 1, means–
a
in relation to a length of road specified in Part I of Schedule 1, the period from 0800 hours to 1900 hours on Mondays to Fridays inclusive, and
b
in relation to a length of road specified in Part II of Schedule 1, the period from 0800 hours to 1900 hours on Mondays to Saturdays inclusive.
5
In this article, “prescribed hours”, in relation to a length of road specified in a Part of a Schedule shown in an item in column (3) of the Table below, means the period shown in that item in column (2) of that Table.
Table
(1) (2) (3) Item Prescribed hours Provision
1 0800 hours to 1900 hours on Mondays to Fridays inclusive. Schedule 2, Parts I and III Schedule 3, Part I 2 0800 hours to 1900 hours on Mondays to Saturdays inclusive. Schedule 3, Part II 3 0800 hours to 1600 hours on Mondays to Saturdays inclusive. Schedule 2, Part V 4 0800 hours to 1300 hours on Mondays to Fridays inclusive. Schedule 3, Part III 5 0800 hours to 1300 hours on Mondays to Saturdays inclusive. Schedule 3, Part IV 6 1000 hours to 1600 hours on Mondays to Fridays inclusive. Schedule 2, Parts II and IV Schedule 3, Part V 7 1000 hours to 1600 hours on Mondays to Saturdays inclusive. Schedule 3, Part VI 8 1300 hours to 1900 hours on Mondays to Fridays inclusive. Schedule 3, Part VII 9 1300 hours to 1900 hours on Mondays to Saturdays inclusive. Schedule 3, Part VIII
Prohibitions on vehicles stopping or remaining at rest
5
Notwithstanding anything in article 4 no person shall cause or permit a vehicle to stop or remain at rest at any time–
a
in any part of the trunk road red route other than at the edge of the carriageway, or
b
in any length of road specified in Schedule 4 (all such lengths being comprised in the trunk road red route).
Exemptions from prohibitions and restrictions
6
Nothing in this Order applies to a vehicle being used for the provision of a London bus service–
a
under a London local service licence; or
b
for which such a licence is not required by virtue of section 35(2) or 36(1) of the Transport Act 1985,
when in an area bounded by a traffic sign consisting of markings of a type shown in diagram 1025 or 1025.2 in Schedule 2 to the Traffic Regulations 1981 .
7
Nothing in this Order prohibits a person from causing or permitting–
a
a licensed cab to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a person to board or alight from the vehicle or to load or unload his personal luggage;
b
a vehicle which is displaying a disabled person’s badge in the relevant position to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
c
a disabled person’s vehicle to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
d
a vehicle to wait at any place for so long as may be necessary for the purpose of obtaining or giving help required as a result of an accident or emergency or taking any other action in the interests of public safety; or
e
a vehicle to wait at any place while any gate or other barrier at the entrance to premises to which the vehicle is proceeding, or from which it has emerged, is opened or closed, if it is not reasonably practicable for the vehicle to wait at a place where it would otherwise be lawful for the vehicle to wait.
8
Nothing in this Order applies to–
a
a vehicle being used–
i
for fire brigade, ambulance or police purposes;
ii
for the removal of any obstruction to traffic; or
iii
in connection with the maintenance, improvement or reconstruction of any road;
b
a vehicle when the driver is–
i
required by law to stop or not to proceed;
ii
obliged to stop in order to avoid an accident;
iii
prevented from proceeding by circumstances outside his control; or
c
a licensed cab on a cab rank.
9
Nothing in this Order applies to a vehicle in a designated parking place.
10
Nothing in this Order applies to anything done with the permission or at the direction of a constable in uniform or a traffic warden.
Amendments and revocation
11
1
In the Greater London (Waiting Restrictions) (Exemptions for Disabled Persons) Order 1975 , article 3 shall be re-numbered as article 3(1), at the beginning of that provision as so re-numbered there shall be inserted the words “Subject to paragraph (2) below,” and after that provision as so re-numbered there shall be inserted the following paragraph–
2
This Order shall not apply to the A1 Trunk Road (Islington) Red Route Traffic Order 1993.
2
In the Islington (Waiting and Loading Restriction) Order 1976 , article 4 shall be re-numbered as article 4(1) and after that provision as so re-numbered there shall be inserted the following paragraph–
2
Nothing in this Order shall apply to any part of the trunk road red route within the meaning of the A1 Trunk Road (Islington) Red Route Traffic Order 1993 and the Schedules to this Order shall be construed accordingly.
.
3
The A1 Trunk Road (Islington) Red Route Experimental Traffic Order 1992 is hereby revoked.
Signed by authority of the Secretary of State for Transport.
Simon C. Whiteley
Assistant Secretary London Regional Directorate of the
Department of Transport
25th March 1993


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Agreement on Customs Union and Co-operation between the European Economic Community and the Republic of San Marino) Order 1993.It shall come into force, in respect of the treaty specified in the Schedule to this Order, on the date on which the treaty enters into force for the United Kingdom.This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council