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

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Presentation on theme: "Air Navigation Order 2016 A better legal basis for nationally regulated aviation Edward Bellamy 21st July 2016."— Presentation transcript:

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….


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