Air Navigation (Jersey) Order 2008.

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A decision made (23/09/2008) regarding: Air Navigation (Jersey) Order 2008.

Decision Reference: MD-C-2008-0024
Decision Summary Title :	L:\International\Chief Minister decisions\Draft Air Naviation (Jersey) Order 2008.doc		Date of Decision Summary:	22.09.08
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	written		Person Giving Oral Report:
Written Report Title :	Draft Air Navigation (Jersey) Order 2008		Date of Written Report:	18.09.08
Written Report Author:	International Relations		Written Report : Public or Exempt?	Public
Subject: Draft Air Navigation (Jersey) Order 2008
Decision(s): The Chief Minister agreed that the Privy Council should be asked to make the Air Navigation (Jersey) Order 2008.
Reason(s) for Decision: The draft Air Navigation (Jersey) Order 2008 is intended to – to reflect in Jersey some of the changes made by the Air Navigation Order 2005, to reflect changes to be made in the organisation of the safety regulation of civil aviation in Jersey. Political responsibility for matters relating to the regulation of civil aviation rests with the Chief Minister.
Resource Implications: There are no additional resource implications arising directly from this decision.
Action required: Notify the Deputy Greffier of the decision and inform the Publications Editor to arrange for publication of the Order once made by the UK authorities. Inform Ministry of Justice legal advisers of the Decision.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Air Navigation (Jersey) Order 2008.

Draft Air Navigation (Jersey) Order 2008

REPORT

The attached draft Order in Council (the draft Air Navigation (Jersey) Order 2008) is intended to –

revoke the Air Navigation (Jersey) Order 2000 and the two Orders amending that Order (collectively referred to as “the 2000 Order”) and
apply to Jersey various provisions of the Air Navigation Order 2005 of the United Kingdom (SI 2005 No 1970) as amended (collectively referred to as “the 2005 Order”).

The reason for the preparation of the new Order in Council is, firstly, to reflect in Jersey some of the changes made by the 2005 Order, but principally to reflect changes to be made in the organisation of the safety regulation of civil aviation in Jersey. These changes are being driven by the need to ensure separation of the safety regulator from the operator of the airport ahead of the audit visit to the UK and Crown Dependencies by the International Civil Aviation Organisation during 2009. The Civil Aviation (Jersey) Law 2008, which was adopted by the States earlier this year, will achieve this by establishing a new office of Director of Civil Aviation (“DCA”) who will be responsible for safety regulation and the licensing of the airport. The airport operator will, for the time being, be the Minister for Economic Development.

A significant number of the provisions of the 2005 Order are proposed not to be applied; these omissions are largely explained by the fact that Jersey does not operate a register of aircraft and many of the provisions are therefore not relevant.

Further amendments of the UK’s Air Navigation Order 2005 are proposed to made in 2008, which will transpose into UK Law the EU Directive on air controller licensing (2006/23/EC). The EC Directive is not applicable to Jersey and it is not intended, nor is it practicable, to give it effect in Jersey.

For practical reasons, the Order in Council should come into force on the same date as the Civil Aviation (Jersey) Law 2008.

Summary of provisions

It is proposed that the following provision of the 2005 Order shall be applied, with modifications, to Jersey:

Article 1 (Citation and Commencement)

Article 3 (Aircraft to be registered)

Article 5 (Nationality and registration marks)

Article 8 (Certificate of airworthiness to be in force)

Article 19 (Equipment of aircraft)

Article 20 (Radio equipment of aircraft)

Article 25 (Composition of crew of aircraft)

Article 26 (Members of flight crew – requirement for licence)

Article 36 (Instruction in flying)

Article 46 (Public transport operations at night or in Instrument Meteorological Conditions by aeroplanes with one power unit which are registered elsewhere than in the United Kingdom)

Article 48 (Public transport aircraft registered elsewhere than in the United Kingdom – aerodrome operating minima)

Article 49 (Non-public transport aircraft – aerodrome operating minima)

Article 50 (Pilots to remain at controls)

Article 55 (Operation of radio in aircraft)

Article 60 (Area navigation and required navigation performance capabilities-aircraft registered elsewhere than in the United Kingdom)

Article 61 (Use of airborne collision avoidance system)

Article 62 (Use of flight recording systems and preservation of records)

Article 63 (Towing of gliders)

Article 64 (Operation of self-sustaining gliders)

Article 65 (Towing, picking up and raising of persons and articles)

Article 66 (Dropping of articles and animals)

Article 67 (Dropping of persons and grant of parachuting permissions)

Article 69 (Carriage of weapons and munitions of war)

Article 70 (Carriage of dangerous goods)

Article 71 (Method of carriage of persons)

Article 73 (Endangering safety of an aircraft)

Article 74 (Endangering safety of any person or property)

Article 75 (Drunkenness in aircraft)

Article 77 (Authority of commander of an aircraft)

Article 78 (Acting in a disruptive manner)

Article 79 (Stowaways)

Article 80 (Flying displays)

Article 86 (Documents to be carried)

Article 88 (Production of documents and records)

Article 89 (Production of air traffic service equipment documents and records)

Article 90 (Power to inspect and copy documents and records)

Article 91 (Preservation of documents, etc)

Article 92 (Revocation, suspension and variation of certificates, licences and other documents)

Article 93 (Revocation, suspension and variation of permissions, etc granted under article 138 or article 140)

Article 94 (Offences in relation to documents and records)

Article 95 (Rules of the Air)

Article 96 (Power to prohibit or restrict flying)

Article 97 (Balloons, kites, airships, gliders and parascending parachutes)

Article 98 (Regulation of small aircraft)

Article 99 (Regulation of rockets)

Article 100 (Requirement for an air traffic control approval)

Article 101 (Duty of person in charge to satisfy himself as to competence of controllers)

Article 102 (Manual of air traffic services)

Article 103 (Provision of air traffic services)

Article 105 (Making of a direction for airspace policy purposes)

Article 106 (Use of radio call signs at aerodromes)

Article 107 (Prohibition of unlicensed air traffic controllers and student air traffic controllers)

Article 108 (Grant and renewal of air traffic controller’s and student air traffic controller’s licences)

Article 109 (Privileges of an air traffic controller’s licence and a student air traffic controller’s licence)

Article 110 (Maintenance of validity of ratings and endorsements)

Article 112 (Requirement for medical certificate)

Article 113 (Appropriate licence)

Article 114 (Incapacity of air traffic controllers)

Article 115 (Fatigue of air traffic controllers – air traffic controllers’ responsibilities)

Article 116 (Prohibition of acting under the influence of drink or a drug)

Article 117 (Failing exams)

Article 120 (Acting as an air traffic controller and a student air traffic controller)

Article 124 (Air traffic service equipment)

Article 125 (Air traffic service equipment records)

Article 126 (Aerodromes – public transport of passengers and instruction in flying)

Article 128 (Licensing of aerodromes)

Article 129 (Charges at aerodromes licensed for public use)

Article 130 (Use of aerodromes by aircraft of Contracting States and of the Commonwealth)

Article 131 (Noise and vibration caused by aircraft on aerodromes)

Article 132 (Aeronautical lights)

Article 135 (Dangerous lights)

Article 136 (Customs and Excise aerodromes)

Article 137 (Aviation fuel at aerodromes)

Article 138 (Restriction on carriage for valuable consideration in aircraft registered elsewhere than in the United Kingdom)

Article 140 (Restriction on aerial photography, aerial survey and aerial work in aircraft registered elsewhere than in the United Kingdom)

Article 142 (Mandatory reporting of occurrences)

Article 143 (Mandatory reporting of birdstrikes)

Article 144 (Power to prevent aircraft flying)

Article 145 (Right of access to aerodromes and other places)

Article 146 (Obstruction of persons)

Article 147 (Directions)

Article 148 (Penalties)

Article 149 (Extra-territorial effect of the Order)

Article 152 (Application of Order to the Crown and visiting forces, etc)

Article 153 (Exemption from Order)

Article 154 (Appeal to County Court or Sheriff Court)

Article 155 (Interpretation)

Article 156 (Meaning of aerodrome traffic zone)

Article 157 (Public transport and aerial work – general rules)

Article 158 (Public transport and aerial work – exceptions – flying displays etc)

Article 159 (Public transport and aerial work – exceptions – charity flights)

Article 160 (Public transport and aerial work – exceptions – cost sharing)

Article 161 (Public transport and aerial work – exceptions – recovery of direct costs)

Article 162 (Public transport and aerial work – exceptions – jointly owned aircraft)

Article 163 (Public transport and aerial work – exceptions – parachuting)

Article 164 (Exceptions from application of provisions of the Order for certain classes of aircraft)

Article 165 (Approval of persons to furnish reports)

Article 166 (Certificates, authorisations, approvals and permissions)

Article 168 (Saving)

Schedule 2 (Classification and marking of aircraft and dealer certification)

Schedule 5 (Radio communication and radio navigation equipment to be carried in aircraft)

Schedule 11 (Air traffic controllers – licences, ratings, endorsements and maintenance of licence privileges)

Schedule 12 (Air traffic service equipment – records required and matters to which the CAA may have regard)

Schedule 13 (Aerodrome manual)

Schedule 14 (Penalties)

International Relations

22 September 2008