REPORT
Draft Air Navigation (Jersey) Law 201-
The existing Air Navigation (Jersey) Order 2008 is an Order in Council which applies in Jersey, with modifications, most of the provisions of the UK Air Navigation Order 2005, as amended. In the UK, the 2005 Order has now been replaced with a 2009 Air Navigation Order which has subsequently been amended.
The draft Air Navigation (Jersey) Law 201- is intended to introduce many of the additional international requirements relating to the safety of air navigation arising from the creation of an aircraft registry in Jersey, including airworthiness, personnel licensing and operations provisions in compliance with the obligations of a state of registry under the Convention on International Civil Aviation (Chicago, 1944).
The draft Law will also replace the 2008 Order in Jersey with updated provisions which reflect the most recent standards for international civil aviation.
Other new provisions in the Law include:
- revised definitions, for example a new concept of ‘small unmanned aircraft’;
- new offences, for example relating to the malicious use of lasers against aircraft in flight;
- provisions relating to aerial work for commercial aviation activities other than public transport;
- the issue of permits for foreign aircraft to operate in Jersey.
It is intended that the draft Law shall come into force on a date to be appointed by the States, which shall be the same date on which the Privy Council shall be requested to revoke the existing Air Navigation Order 2008.
The main sections of the draft law relate to:
Part 1 – Interpretation
Part 2 – Registration and marking of aircraft
Part 3 – Airworthiness and equipment of aircraft
Part 4 – Aircraft crew and licensing
Part 5 – Protection of crew
Part 6 – Aircraft in flight
Part 7 – Operation of aircraft
Part 8 – Height keeping and navigation
Part 9 – Air operator obligations
Part 10 – Commercial air transport operations
Part 11 – Carriage of weapons and munitions of war
Part 12 – Carriage of dangerous goods
Part 13 – Aerial work and specialized operations
Part 14 – General aviation
Part 15 – Foreign aircraft operations
Part 16 – Air Traffic Services
Part 17 – Licensing of Air Traffic Controllers
Part 18 – Aeronautical telecommunications service
Part 19 – Aerodromes, aeronautical lights and dangerous lights
Part 20 – Documents and records
Part 21 – Occurrence reporting
Part 22 – Prohibited behaviour, offences and penalties
Part 23 – Interpretation of commercial air transport and aerial work
Part 24 – General provisions
Schedule 1 – Classification of aircraft
Schedule 2 – Licences – minimum ages, period of validity privileges
Schedule 3 – Penalties.
A detailed outline of the provisions of the draft Law is included in the Explanatory Note.
Resource Implications
The draft Air Navigation (Jersey) Law 201- is part of the aviation legislative bundle for the establishment and delivery of the Jersey Aircraft Registry. Accordingly, the resource implications of this draft Law are included within those identified in relation to the draft Aircraft Registration (Jersey) Law 201-.
The additional functions of the Director of Civil Aviation in carrying out the regulatory oversight of the functions of the Aircraft Registry will be included in the existing role of the DCA at no additional cost.
Human Rights
The notes on the human rights aspects of the draft Law in the Appendix have been prepared by the Law Officers’ Department and are included for the information of States Members. They are not, and should not be taken as, legal advice.
External Relations
11 April 2014
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