The Air Navigation (Overseas Territories) (Amendment) Order 2011
This Order amends the Air Navigation (Overseas Territories) Order 2007 (referred to below as “the Order”). In addition to minor corrective amendments, the following changes are made, many of which are determined as a result of the findings and recommendations of the safety oversight audit carried out by the International Civil Aviation Organisation (ICAO) in February 2009, and the corrective action plan established thereafter, or as a result of amendments to the Annexes to the Chicago Convention (“the Convention”) – including amendments in terminology - and completion of the revision of the Aircraft Operational Parts of the Overseas Territories Aviation Requirements (OTAR). (The articles of this Order that reflect a revision of OTAR are articles 6, 7, 9, 10, 14, 16 and 21):The title to article 14 of the Order is amended in order to eliminate some confusion as to its applicability, in that it is applicable to individuals as well as to organisations.Articles 15 and 16 are amended to reflect the fact that all the instrument and equipment requirements, in compliance with Annexes 6 and 8 to the Convention, are now contained within the up-to-date version of the respective OTAR Parts, appropriate to the nature and circumstances of the flights. This means that there is no longer a requirement to retain Schedules 4 and 5 to the Order.In article 20, paragraph (4) it was always intended to provide for the requirements of subparagraphs (a) and (b) to be cumulative rather than alternative and the amendment addresses that intent. The amendment to subparagraph (c) is intended to eliminate a potential conflict with the provisions of paragraph (7)(c) as well as to give full effect to the ICAO standards.The revision to article 32 links with the revision to article 85(6) (see point 12 of this Note below) and is designed to harmonise the provisions to reflect the fact that formal approval of the operations manual by the Governor is not required in respect of non-commercial air transport operators.A revised article replaces article 40, in order to align the provisions with those contained in the UK Air Navigation Order 2009.A revised article replaces article 42 in order to align the provisions more precisely with those contained in the Annexes to the Convention and the revised Aircraft Operational OTAR Parts.The substitution of the new articles 50 – 54 is made in order to align the provisions with those contained in the UK Air Navigation Order 2009 and in order to adopt the terminology prescribed by ICAO.The revision to article 56 reflects recent amendments to the ICAO standards to group all data recording systems installed on aircraft under the generic title of “flight recorders” in place of the previous individual references to specific items of equipment. The consequential amendment to article 156(1) (see point 18 of this Note below) reflects that change.The substitution of articles 72 and 73 is for the purpose of providing compliance with the ICAO standards contained in Annex 6 to the Convention and also for the purpose of facilitating the introduction of the revised Aircraft Operational OTAR Parts.The substitution of articles 75 and 76 is for the purpose of ensuring full compliance with the ICAO standards and in order to rationalise the provisions contained in the revised Aircraft Operational OTAR Parts.The amendment to article 83(2)(d) is purely to correct an error in relation to the certificated weight of certain categories of helicopter, so as to ensure compliance with ICAO standards.The amendment to article 85(6) arises out of a review of the final provisions of ICAO Annex 6, Part II Section III; and in the light of comments received in the consultation on the revision to the Aircraft Operational OTAR Parts, including Part 125. It became clear that the requirement for the formal approval of a private operator’s operations manual was both over-burdensome and unnecessary and the amendment merely requires that the operator provide a copy of its manual if requested.The amendment to article 105(8), and the consequential deletion of Schedule 11, is made in recognition of the fact that the revised edition of the Aerodrome Certification OTAR Part 139 contains all the material required by the certificate holder in relation to the development of an aerodrome manual.The substitution of article 106 is for the purpose of aligning the provisions more precisely with the recommended practices of ICAO.The addition of paragraph (1)(c) to article 112 is for the purpose of aligning the provisions with those contained in the UK Air Navigation Order 2009 and for the purpose of facilitating a prosecution of those using lasers with the intention of endangering the safety of an aircraft.The addition of paragraphs (5), (6) and (7) to article 135 is for the purpose of providing a firm legal basis for the conduct of ramp checks on foreign registered aircraft in accordance with article 16 of the Chicago Convention and in order to align the provisions with those applied in the UK under the EC Directive on the Safety Assessment of Foreign Aircraft (SAFA).The amendment to article 148 is to correct a failure of the present Order to revoke previous Air Navigation (Overseas Territories) Orders with respect to the British Antarctic Territory.The amendments to article 156(1) and (5) are for the purpose of correcting errors or for implementing ICAO revised definitions.The amendment to Schedule 6 is to correct an anomaly derived from previous adoption of the text of the UK Air Navigation Orders in a situation in which the Territories do not follow UK practice by including in a Private Pilot’s Licence an instrument rating (aeroplanes). In that situation the provisions of sub-paragraphs (a) and (b) do not therefore apply.The amendment to Rule 1 of the Rules of the Air is for the purpose of correcting an error.The amendment by way of addition to rule 8 of the Rules of the Air in Schedule 8 is for the purpose of complying with a new provision in Annex 2 to the Convention.The amendment to regulation 18 of the Air Navigation (Dangerous Goods) Regulations contained in Schedule 10 is intended to correct an error in order to bring the regulation into alignment with the provisions of regulation 19 and the corresponding provisions of the UK Regulations.