The Air Navigation (Fifth Amendment) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order further amends the Air Navigation (No. 2) Order 1995. In addition to minor and drafting amendments, the following changes are made:

(1) A licence issued by any JAA(1) State in accordance with JAR-FCL(2) has the same privileges in respect of flying an aircraft registered in the United Kingdom as an equivalent licence issued by the Authority (article 3(1)).

(2) The minimum age for flying solo is 16 years (article 3(2)).

(3) A basic commercial pilot’s licence (aeroplanes) and a flight engineer’s licence shall have their validity maintained on and after 1st January 2000 as though they were licences issued in accordance with JAR-FCL (article 3(5)).

(4) JAR-FCL licences and United Kingdom licences for which there are JAR-FCL equivalents shall have their validity maintained in accordance with JAR-FCL, in the case of aeroplane licences on and after 1st January 2000 and in the case of helicopter licences on and after 1st July 2000 (article 3(5)).

(5) The validity of an instrument rating (helicopter), a flying instructor’s rating (helicopters) or an assistant flying instructor’s rating (helicopters) shall be maintained in accordance with JAR-FCL on and after 1st January 2000 (article 3(5)).

(6) The validity of an instrument rating (aeroplane) or an instructor’s rating shall be maintained in accordance with JAR-FCL (article 3(5)).

(7) A JAA licence does not require to be validated by the Authority (article 3(6)).

(8) A JAA licence carries the same instructor privileges as one issued by the Authority (article 3(7)).

(9) JAR-FCL licences are defined (article 3(8)).

(10) United Kingdom licences for which there are JAR-FCL equivalents are defined (article 3(8)).

(11) A JAA licence is a licence issued by any State which is a full Member of JAA and in accordance with JAR-FCL (article 3(8)).

(12) Changes are made to the privileges of United Kingdom aeroplane licences. Recent experience of night take offs and landings is required only for flights on which passengers are carried. A recency requirement is introduced for flights by day on which passengers may be carried. The 20,000kg limit for holders of a Commercial Pilot’s Licence (Aeroplanes) and an Airline Transport Pilot’s Licence (Aeroplanes) over age 60 is removed (article 3(9)).

(13) A separate private pilot’s licence is introduced for helicopters and for gyroplanes rather than a single combined licence (article 3(9)).

(14) Changes are made to the privileges of United Kingdom helicopter licences. Recent experience of night take offs and landings is required only for flights on which passengers are carried. A recency requirement is introduced for flights by day on which passengers may be carried. The 20,000kg limit for holders of a Commercial Pilot’s Licence (Helicopters and Gyroplanes) and an Airline Transport Pilot’s Licence (Helicopters and Gyroplanes) is removed (article 3(9)).

(15) Licences specified in accordance with JAR-FCL may be issued (article 3(9)).

(16) An IMC rating may be issued in respect of a JAR-FCL private pilot’s licence (aeroplanes) (article 3(9)).

(17) A night qualification is introduced in place of a night rating (article 3(9)).

(18) Instructor ratings are specified in accordance with JAR-FCL (article 3(9)).

(19) The manner in which the validity of licences and ratings is required to be maintained is specified (article 3(9)).

(20) It is an offence to act in a disruptive manner while in an aircraft, including using threatening language towards a member of the crew of the aircraft or behaving in a disorderly manner towards a member of the crew of the aircraft. These offences are punishable on summary conviction by a fine not exceeding £2,500. It is also an offence to act in a disruptive manner while in an aircraft by wilfully interfering with the performance by a member of the crew of his duties. This offence is punishable on summary conviction by a fine not exceeding £5,000 and on conviction on indictment by an unlimited fine or imprisonment for a term not exceeding two years or both (article 4).

Copies of JAR-FCL can be purchased from Westward Digital Limited, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG.