ISBN: 978 0 11792 657 8

Letter to Subscribers
10 August 2012
Dear Subscriber
CAP 393

AIR NAVIGATION: THE ORDER AND THE REGULATIONS

AMENDMENT 1/2012
I enclose Amendment 1/2012 which follows on from 1/2010. In addition to a number of
minor corrections this makes the following changes.
Section 1
Section 1 is amended by the Air Navigation (Amendment) Order 2011 (SI 2011/2432).
This amends article 225 so that an aircraft registered in an EEA state does not require the
permission of the Secretary of State to fly for the purpose of aerial photography, aerial
survey or aerial work in the United Kingdom.
This change came into force on 9 November 2011.
Section 1 is also amended by the Air Navigation (Amendment) Order 2012 (SI 2012/1751).
Changes arising from the EASA Aircrew regulation
Numerous changes are made to reflect the coming into force of Commission Regulation
(EU) No 1178/2011 of 3 November 2011 laying down technical requirements and
administrative procedures related to civil aviation aircrew (the EASA Aircrew Regulation).
The requirements of this Regulation come into force in the United Kingdom, subject to
various transitional measures, on 17 September 2012.
A person must not act as the pilot of an EASA aircraft (this term is defined in article 255(1))
unless that person holds an appropriate licence granted, converted or rendered valid under
the EASA Aircrew Regulation (referred to as a Part-FCL licence). There are certain
exceptions to this requirement for flying training. A flight radiotelephony operator, flight
engineer or a flight navigator on an EASA aircraft must hold an appropriate licence granted
or rendered valid under the Order, subject to the exceptions set out in articles 51, 57 and 59.
Article 50
Subject to the exceptions in articles 52 to 60, a person must not act as the member of the
flight crew of a non-EASA aircraft without holding an appropriate licence granted or rendered
valid under the Order unless the aircraft is one referred to in paragraphs (a)(ii), (d) or (h) of
Annex II of the Basic EASA Regulation1, that is registered in the United Kingdom and that is
flying for the purpose of a commercial air transport flight. In that case the person must hold
an appropriate Part-FCL licence.
Article 50A

Namely, historic aircraft having a clear historical reference, related to participation in a noteworthy
historical event, a major step in the development of aviation or a major role played in the armed forces
of a Member State, aircraft that have been in the service of military forces unless the aircraft is if a
type for which a standard has been adopted by EASA and replicas of such aircraft for which the
structural design is similar to the original aircraft.
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The minimum age for solo flying training in a balloon or glider is reduced to 14 years of age.
Article 52(2)(a)
Requirements are set out for appropriate licences for the flight crew of EASA aircraft and of
non-EASA aircraft referred to in paragraphs (a)(ii), (d) or (h) of Annex II of the Basic EASA
Regulation (see above) that are flying for the purpose of commercial air transport.
Article 61 and article 61A
A Part-FCL licence is rendered valid for non-EASA aircraft unless the CAA gives a direction
to the contrary but in the case of a Part-FCL licence with single engine piston aeroplane
privileges, the holder of the licence must first undergo differences training.
Article 62
The holder of a United Kingdom Private Pilot Licence (Aeroplanes) with a microlight
aeroplane class rating included in the licence may only exercise the privileges of the rating if
the rating was granted before 1 February 2008.
Article 69
The holder of a licence specified in article 72, except for a National Private Pilots Licence
(Helicopters) may exercise the functions under the licence if they hold either a valid medical
certificate issued under article 72A or one issued under Annex IV to the EASA Aircrew
Regulation (called Part-MED) provided it is not a Light Aircraft Pilot Licence medical
certificate.
Articles 72 and 72A
The holder of a National Private Pilots Licence (Helicopters) may exercise functions under
the licence if they hold either a valid medical certificate issued under article 72A or a PartMED Light Aircraft Pilot Licence medical certificate.
Articles 72 and 72A
The holder of a Part-FCL licence requires a valid medical certificate issued under Part-MED
in order to exercise the privileges of the licence.
Article 72B
The holder of a licence specified in article 73 may exercise the functions under the licence if
they hold a valid medical certificate issued under article 72A, a valid medical declaration
issued under article 73A or a Part-MED Light Aircraft Pilot Licence medical certificate.
Article 73
If a medical declaration is renewed when a current medical declaration is held which will
expire within the next 45 days, the validity period of the new medical declaration will
commence at the expiry of the current one.
Article 73A(4)
Requirements under paragraph MED.D.035(a)(2) of Part-MED for a general medical
practitioner to act as an authorised aeromedical examiner for the issue of Light Aircraft Pilot
Licence medical certificates are established.
Article 73B

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An occupational health medical practitioner is defined for the purposes of MED.D.040(b) of

Part-MED.
Article 73C
A personal flying log need no longer be kept in the form of a book.
Article 79
The minimum age at which a person may act as the pilot in command of a non-EASA glider
is reduced from 16 to 14 years of age.
Article 81
The types of licence which the CAA may not grant are amended.
Article 82(1)
Specified types of pilot licence granted by the CAA before 17 Septemberl 2012 that were not
entitled to be mutually recognised by JAA Full member States in accordance with JAR-FCL 1
or JAR-FCL 2 are deemed to be a specified type of United Kingdom licence.
Article 82A
The EASA Aircrew Regulation and its Annexes are defined.
Article 255(1)
The maximum validity periods for United Kingdom licences and National Private Pilot
Licences are omitted.
Sections 1 and 3, Part A, Schedule 7
The Basic Commercial Pilots Licence (Aeroplanes) is omitted from the Order.
Section 1, Part A, Schedule 7
Two new United Kingdom pilot licences are included: the Commercial Pilot Licence
(Helicopters) and the Airline Transport Pilot Licence (Aeroplanes).
Section 1, Part A, Schedule 7
The whole of Section 2 of Part A of Schedule 7 dealing with JAR-FCL licences is omitted.
A new National Private Pilot Licence (Helicopters) is included
Section 3, Part A of Schedule 7 to the Order.
A new rating which may be included in a National Private Pilot Licence (Helicopters) is
included.
Section 3, Part B of Schedule 7
The validity periods for the issue of aeroplane class and helicopter type and flight engineer
class ratings are amended so as to run from the date of issue until the last day of the month
on which the rating expires if renewed within 3 months preceding that day. Instrument and
instructor ratings are valid from the date of issue until the last day of the month in which they
were issued plus one year and three years respectively. The new revalidation and renewal
requirements for these ratings under Part-FCL (to replace those under JAR-FCL) are also
specified.
Section 2, Part C of Schedule 7
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The validity period for a certificate of revalidation of an aeroplane class rating is extended to
24 months in addition to the remainder of the month after the date of issue of the certificate.
Paragraph 11(3) and Table 3, Section 3, Part C of Schedule 7
Requirements for a certificate of revalidation for a helicopter type rating are specified.
Section 3, Part C of Schedule 7
These changes come into force on 17 September 2012.
National certificate of airworthiness and airworthiness review
A national certificate of airworthiness issued after 9 August 2012 is non-expiring.
Article 18
A new Part 3A is inserted into the Order.
An aircraft with a non-expiring national certificate of airworthiness must not fly unless it has a
national airworthiness review certificate.
Article 36A
A national airworthiness review certificate may be issued by the CAA or by an organisation
approved by the CAA.
Articles 36D and 36E
An aircraft with a non-expiring national certificate of airworthiness must be maintained in
accordance with an approved maintenance programme.
Article 36F
The validity of a national airworthiness review certificate may be extended by an approved
organisation or a licensed engineer.
Articles 36H, 36I and 36J
The CAA may approve an organisation to issue, extend or recommend the issue of a
national airworthiness review certificate
Articles 36M and 36N
These changes come into force on 10 August 2012.
Changes arising from the Service Provision Regulation
A person required to be certified under Article 7 of Regulation (EC) No 550/2004 (the
Service Provision Regulation) is not required to hold an Air Traffic Control approval under
article 169 , to have a manual of Air Traffic Services under article 171 or to have a Flight
Information Service Manual under article 204 .
These changes come into force on 10 August 2012.
Changes arising from the EASA Air Traffic Controller Regulation
A person must not act as an air traffic controller or a student air traffic controller unless they
hold a licence which has been issued or recognised by the CAA under Commission
Regulation (EU) No 805/2011 (the EASA Air Traffic Controller Licensing Regulation).
Article 177
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National endorsements for offshore and special tasks services may be included in an air
traffic controller licence.
Article 185A
Training organisations must be certified.
Article 198
Terms have the same meaning as in the EASA Air Traffic Controller Licensing Regulation.
Article 201
These changes come into force on 10 August 2012.
Certificate of competence to operate aeronautical radio station
A person must not operate an aeronautical radio station to provide an air ground
communication service, a service to pilots flying to or from offshore installations or a service
to pilots flying for the purpose of dropping persons by parachute unless they hold an
aeronautical radio station operator certificate of competence granted by the CAA. This
requirement does not apply if they hold an Air Ground Communications Service Radio
Operators Certificate of Competence or an Offshore Communication Service Radio
Operators Certificate of Competence issued by the CAA prior to the date on which this
amending order comes into force.
Article 204A
These changes come into force on 10 August 2012.
Other changes
A person may be carried as a passenger on an instructional flight by a balloon provided that
the instructor holds an appropriate licence.
Article 55(2)(c)
These changes come into force on 10 August 2012.

Section 7
Section 7 is amended by the Air Navigation (Dangerous Goods)(Amendment)(No.2)
Regulations 2011 (SI 2011/1454).
The definition of Technical Instructions in the Regulations is updated to refer to the 20112012 edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air
published by the International Civil Aviation Organisation.
This change came into force on 10 June 2011.

Yours sincerely

ROBIN ALLAN
Editor
CAP 393

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