1. Air Navigation Order 2016
A better legal basis for nationally regulated aviation
Edward Bellamy
21st July 2016

2. Project Background

3. What is the ANO?
Section 60 of the Civil Aviation Act 1982 provides that an Air Navigation Order may be established to:
Enact the provisions of ICAO Standards and Recommended Practices; and
Regulate Air Navigation generally.
It is the primary means by which the CAA regulates areas of aviation safety not covered by the equivalent European rules:
‘non-EASA’ aircraft – as described in Annex II to Regulation (EC) No 216/2008 (the ‘Basic Regulation’);
Aircraft and/or operations for which the relevant EASA implementing rules have not yet been applied (for example balloon and sailplane ops);
Third country aircraft in the UK, that are not subject to EASA regulations; and
Operations/activities for which European regulation could not reasonably be considered to have exclusive legal competence (for example regulation of flying displays).

4. Drivers for change
GA Programme imperative to deliver simpler, lighter and better;
Launch of the GA ANO Review in August 2014 to review all elements of the ANO that could possibly affect GA (approximately 65% of the ANO 2009’s 270 articles); and
Multiple GA policy projects, for example E conditions and pilot medical declarations needed ANO exemptions – proliferation of increasingly complex and creative general exemptions in ORS4 – potential for confusion.
Multiple amendments required to take account of forthcoming Europe operational regulations – for example Parts-NCO, NCC and SPO of 965/2012;
Amendments needed to maintain parity with equivalent EASA regulations in some areas – for example airworthiness procedures for non-EASA aircraft; and
ANO 2009 had been extensively amended – normally a new ANO is produced every five years.

5. GA ANO Review – ToRs – Sept 2014
The Sub WGs will conduct a GA review of each article in the ANO with the objective of minimising the burden of any required regulation considering:
Is there any safety reason why we should continue to regulate GA?
Does the CAA need to retain any oversight or could we delegate?
Is there a risk to 3rd parties? If so, can that risk be managed or mitigated?
All articles which cause an impact on GA will be assessed, their impact on GA evaluated (including costs & benefits), future options considered & evaluated against the GA Policy Framework
Recommendations will be consulted on publicly
Create the legal basis to address all GA elements of the ANO linked to the GA Programme
Amend the ANO in line with any extant GA related exemptions

6. Project Overview & Governance
GA ANO Review
Principal Working Group AW
Project Board
CAA EXCO & DfT
External Challenge Panel
Ops
FCL
A/C Reg
Project team comprised of senior members of GAU, ISP and OGC – PB chaired by Head of ISP and (from 2016) GAU. Policy representation and legal drafting resource from DfT. All change drivers needed to be co-ordinated through OGC.

7. CAA modify CAPs in line with ANO GA ANO Review Project Timeline
2014
2015
2016 J A S O N D F M
CAA
Process
RRC process
(6 wks)
IA approved by RRC
22 Apr 2016
DfT sign-off
(8 wks)
CAA modify CAPs in line with ANO
ANO
Enact
Oct 2016
GA ANO Review Project Timeline
ANO Enact – October 2016
Timeline is challenging
DfT legal support required throughout
Letter of Intent & Amending Order drafted 17 June 16
Project Plan & Assign resources
1st Public Consultation Complete
30 Jun 2015
Draft Intent for ANO Changes
Develop High Level IA
Develop Consultation Package
Start of GA Consultation
1 Apr 2015
Public Consultation
Period
RPC review IA (8 wks)
DfT involvement throughout
DfT Approval
Comment Response Document, Revise IA, Finalise ANO Ammendments
ANO revised & start of 2nd Public Consultation
31 Aug 2015
IA approved by RPC
26 Feb 2016
Minister Submission
11 Mar2016
IA approved by DfT Better Regulation Team
21 Dec 2015
Dft Review IA
Project led by CAA with DfT support
Project led by DfT with CAA support
2nd Pub Consult
2sndPublic Consultation Complete
30 Sep 2015
Revise IA, Letter of Intent
Letter of Intent & IA
9 Nov 15
12 Aug 16
30 Sep 2016
Final
(7wks)

8. The New ANO Key highlights*
*Usual health warning: The ANO is long and sometimes complex legal instrument – the rest of the presentation just gives an overview of the bits that may be relevant to GA. Complex questions will likely need deeper study.

9. Structure
Basic structure of the ANO had not changed much for over 40 years – ANO 2016 follows the same broad outline – however it represents the largest re-organisation of the Order since at least 1989.
The New ANO is ordered as follows
Part 1 & Part 2 – ‘Interpretation’ and ‘Application’
Part 3 – Aircraft Registration
Part 4 – Airworthiness
Part 5 – Operations
Part 6 – Flight Crew Licensing
Part 7 – Air Traffic Services
Part 8 – Aerodromes and Lighting
Part 9 – Documents and Records
Part 10 – Powers and Penalties
Schedules – Detailed requirements

10. Parts 1 & 2 - Interpretation & Application
In a departure from previous convention, Interpretation and Application has been moved to the front – this was at the suggestion of DfT, and mirrors a more modern approach or setting out scope and applicability at the start of a regulation.
Key definitions
more detailed ones moved to Schedule 1
“In flight”
“Operator”
“ATZ”
“Public Transport”
“Commercial Operation”
Derogations/exceptions
Flying displays
Charity flights
Cost sharing
Parachuting
Introductory flights
Glider towing
Applicability
Civil Aircraft registered in the UK
Civil Aircraft over the UK
Does not apply to UK or foreign military aircraft

11. ‘Commercial Operation’
Replaces the current ANO term ‘aerial work’ – definition copied from current Regulation (EC) 216/2008 – ‘EASA Basic Regulation’.
‘Commercial Operation’
For the purpose of this Order, “commercial operation” means any operation of an aircraft other than for public transport –
(a) which is available to the public; or
(b) which, when not available to the public, is performed under a contract between an operator and a customer, where the latter has not control over the operator,
in return for remuneration or other valuable consideration.

12. ‘Commercial operation’ vs. ‘aerial work’
…‘aerial work’ means (meant) any purpose, other than commercial air transport or public transport, for which an aircraft is flown if valuable consideration is given or promised for the flight or the purpose of the flight…
There are a few points of detail around that, for example to define aerial work in the club environment, but the above is the core definition.
‘Aerial work’ captured operations purely on the basis of whether payment was made or promised for a flight, whereas ‘commercial operation’ specifies that a clearer distinction must exist between the operator and the public/customer in order to be captured.
‘Commercial Operation’ removes complexity from situations involving legitimate joint-owned aircraft when payments are made by the owner of the aircraft (for example to an instructor) such that they remain non-commerical.

13. Derogations/exceptions
Chapter 2 of ‘Interpretation’ sets out the circumstances in which particular operations are ‘deemed’ to be non-commercial, commercial or public transport, regardless of whether or not they meet the applicable definitions. This may be done for either the whole Order, or just parts of it. No provision of this chapter applies to an aircraft that is subject to the EASA Air Ops Reg (965/2012)
ex262 – ‘special rules for hire of aircraft’ – deleted. This article provided that hiring an aircraft was public transport for airworthiness purposes. However this concept is not found in the EASA system, and since the removal of the concept of ‘Public Transport/aerial work’ CofAs, it no longer had any substantive effect for CofA aircraft, even in the current Order. Provision in the case of permit aircraft will be dealt with in Part 4 (Airworthiness)
ex269 – ‘joint owned aircraft’ – deleted. This was the article that provided that a joint owned aircraft (up to 20 people) was a private operation, assuming the only payments for a flight were by joint owners. The primary purpose of ex269 was to disapply the effect of ex262 – the wording of ex262 was such that it would otherwise have captured joint owners making a payment to a group fund for a particular flight. Contrary to popular belief, 269 was a never a ‘limit’ on the number of owners in a group.

14. Derogations/exceptions (continued)
Charity flights – updated to include ORS This provides that a flight is non-commercial for all purposes if the only valuable consideration given is to a registered charity (that does not operate the aircraft).
Introductory flights – added. Incorporates the derogation in Regulation 965/2012. Flight is non-commercial, except for Part 4 (Airworthiness), for which it is commercial.
Glider towing – added. Incorporates the derogation in 965/2012 – non commercial for all purposes. Will facilitate the towing of gliders with non-EASA aircraft in aerial sport environment. Article 87 (Towing of gliders) must still be complied with.
Cost sharing – retained. Was decided the continue to run the EASA style derogation as an exemption until discussion at EASA has settled down.
Flying displays – retained. Circumstances in which a flying display is non-commercial are unchanged (derogation in EASA Air Ops is actually a copy of the current ANO one).
Parachuting – retained. Parachuting operations deemed by current ANO to be ‘commercial’ rather than ‘public transport’.

15. Part 3 – Aircraft Registration
Aircraft registration sets out what has to registered, who may register and the process for doing so
Legal/regulatory housekeeping
References to “dealer certificates” removed – they are no longer used.
Amendments to the ANO 2009 for the Cape Town Convention integrated
Provision for military markings changed from exemption to a permission.
New Policy
Citizens from outside of the UK/Commonwealth may own a beneficial interest in an aircraft – provided it is not used for commercial air transport
Provided they have a reasonable connection to the UK
Intention is to encourage aircraft onto the UK register

16. Part 4 & Schedule 3 – Airworthiness
Part 4 (previously Part 3 and 3A) sets out the legal basis for initial and continuing airworthiness
Legal/regulatory housekeeping
Reorganised into three chapters – gives a clearer distinction between initial and continuing airworthiness
All references to expiring CofA now removed – National CofA system concept aligned with EASA
Many drafting improvements to make articles shorter and clearer
New Policy
Art 33/Sch 3 – E conditions incorporated into the circumstances in which a CofA is not required
Art 42 – Simplification of ‘limitations of national permits to fly’ – will allow CAA to set down consolidated policy on commercial use of permit aircraft
Art 54 – Aircraft maintenance programme requirements take account of Part-M Light/MIP developments (for CofA aircraft)
Special CAT CofA – for larger aircraft that cannot hold an ICAO CofA
A conditions tweaked to allow use by permit aircraft

17. Part 5 & Schedule 5 – Operations
Part 5 covers everything from the basic operating rules we fly under, public transport operational requirements and the regulation of activities such as towing or parachuting.
Legal/regulatory housekeeping
Consolidation of Parts 4,5 and 9-18 of the current ANO
General operating articles separated out from Public Transport only – much easier for the GA reader
Basic operational rules updated with inspiration from NCO/ICAO text
This Part automatically ‘disapplies’ itself when aircraft become subject to EASA Ops rules – avoids complexity of multiple implementation dates for EASA regs.
New Policy
New Schedule 5 contains vastly simplified equipage requirements
In most cases, equipment requirements only set down for ‘flying machines’ – ie aeroplanes, SLMGs, helicopters and gyroplanes. However, gliders and balloons will still have to comply with published radio/radio navigation requirements.
Simplified process for towing gliders with aircraft without CofA

18. Part 5 running order
Chapter 1 – Interpretation and Application (of Part 5)
Chapter 2 – Operational rules for non-EASA aircraft
Chapter 3 – Specialised Activities (Towing, dropping etc)
Chapter 4 – Other aerial activities (small aircraft, rockets etc)
Chapter 5 – Dangerous Goods
Chapter 6 – Air operator certificates (circumstances in which one is req.)
Chapter 7 – Public transport operations
Schedule 5 – Equipment of non-EASA aircraft (other than public transport)
Schedule 6 – Equipment of non-EASA aircraft (public transport)

19. Part 6 & Schedule 8 – FCL Legal/regulatory housekeeping New Policy
Part 6 and Schedule 8 set out the legal basis for the requirement for and the issue/maintenance of national licences
Legal/regulatory housekeeping
Consolidates previous Parts 6-8;
Minor structural changes, but unfortunately some drafting is still complex due to interdependencies between national and EASA regs; and
Most significant change is in Schedule 8, which replaces the current Schedule 7 – it has been completely redrafted and uses a much clearer table format.
New Policy
Where beneficial, alignment with EASA privileges – removes anomalies re SERA and aligns re derogated commercial ops;
National instructor rating validity to three years;
New self-declaration system – old NPPL system removed;
Draft incorporates new CPL (G);
Potential for delegation of the issue of NPPL;
Use of three axis microlight time for SEP rating; and
Flight Time Limitations for GA moved to only Part-NCC aircraft.

20. Schedule 8 – Parts 1 & 2
Part 1 – Licence privileges – Chapter 1 is the ‘cover’ – which addresses: ‘90 day rule’, derogated commercial ops and remuneration:
The ‘recent experience condition’ – exception to 90 day rule;
The ‘excepted flights condition’ – mirrors the ‘derogated commercial ops from EASA Reg. 965/2012; and
The ‘remuneration condition’ – sets out circumstances in which PPL or NPPL (for microlights) may receive remuneration for instructor or examinations
Part 1 – Chapter 2 – sets out licence privileges in a more ‘positive’ style. CPL (G) also added. Approach to IFR/VFR privileges aligned with EASA concept.
Part 1 – Chapter 3 – NPPL(A) and NPPL(H).
Part 2 – sets out rating privileges. IMC rating privileges aligned with SERA.

21. Schedule 8 – Part 3 – Chapter 1
Part 3 – Chapter 1 covers revalidation and renewal of ratings attached to licences other than those attached to the NPPL.
Paragraph 1 – sets out the ‘cover’ revalidation/renewal principles (similar to EASA) and is followed by a table of requirements.

22. Schedule 8 – Part 3 – Chapter 1 – Table

23. Schedule 8 – Part 3 – Chapter 1 – Table
Note: When reference is made to ‘as the CAA may require’ – this will be set out in CAP 804 or equivalent document.

24. Schedule 8 – Part 3 – Chapter 2 – NPPL
NPPL revalidation or renewal system unchanged.

25. Other misc issues Part 9, Schedules 7 and 10 – documents and records –
tech logs, flying logbooks etc moved to this Part;
Schedule 7 covers requirements for continuing airworthiness records; and
Schedule 10 covers document requirements – no requirements for private flights within UK.
Part 10 – powers and penalties – little change –
Article 252 (ex225) – note consequences of aerial work vs. commercial operation; and
Article 265/Schedule 13 – penalties. Little change, although penalties for Part-NCO/NCC added.

26. Transitional & grandfathering
There should not be a need to, but we included the following grandfathering to the ANO 2009 ‘just in case’:
Aircraft logbooks; and
Equipment of non-EASA aircraft already flying.
National instructor rating validity – allow the current validity to expire and then examiner re-signs for the new validity period;
Medical declarations – NPPL holders may continue to operate under the declaration made under the old NPPL system until such time as it would have expired under that system.

27. Conclusions
Despite some areas of complexity ‘escaping’ rationalisation, the ANO 2016 still represents a substantial improvement in clarity.
Like with all new regulations, there is a ‘familiarisation’ cost associated with new structure and terminology – even if it proves ultimately to be more logical.
We ask that you bear with us – the CAA are always happy to tell people ‘what we think it means/was supposed to mean’ – but only a court can give an authoritative ruling in a particular context.
Will hopefully stand the Industry/CAA in good stead for the future.
There are possible unknowns on the horizon – for example around new Basic Regulation in 2017/8 and the possible implications of Brexit.
And of course, future GA policy drivers!
Legal obligation to review!!

28. The ANO 2016 can be viewed:
(permissions and exemptions)
Came into force 25th August 2016

29. The GA pilot of non-EASA aircraft is recommended to read….