The Air Navigation Order 2005

Requirement for a certificate of release to serviceU.K.

16.—(1) This article shall apply to any aircraft registered in the United Kingdom in respect of which a certificate of airworthiness is in force except any such aircraft which is required to be maintained in accordance with Part 145.

(2) Except as provided in paragraphs (3), (5), (6) and (8) an aircraft to which this article applies shall not fly unless there is in force a certificate of release to service issued under this Order if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 10(b).

(3) If a repair or replacement of a part of a non-EASA aircraft or its equipment is carried out when the aircraft is at a place where it is not reasonably practicable—

(a)for the repair or replacement to be carried out in such a manner that a certificate of release to service under this Order can be issued; or

(b)for such a certificate to be issued while the aircraft is at that place;

it may fly to a place which satisfies the criteria in paragraph (4) and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the CAA within 10 days thereafter.

(4) A place satisfies the criteria in this paragraph if it is—

(a)the nearest place at which a certificate of release to service under this Order can be issued;

(b)a place to which the aircraft can, in the reasonable opinion of the commander, safely fly by a route for which it is properly equipped; and

(c)a place to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board.

(5) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg if it is an aircraft in respect of which a certificate of airworthiness in the special category referred to in Part B of Schedule 3 is in force, unless the CAA gives a direction to the contrary in a particular case.

(6) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg and which is a private aircraft if it flies in the circumstances specified in paragraph (7).

(7) The circumstances referred to in paragraph (6) are—

(a)the only repairs or replacements in respect of which a certificate of release to service is not in force are of such a description as may be prescribed;

(b)such repairs or replacements have been carried out personally by the holder of a pilot's licence granted or rendered valid under this Order who is the owner or operator of the aircraft;

(c)the person carrying out the repairs or replacements shall keep in the aircraft log book kept in respect of the aircraft under article 22 a record which identifies the repairs or replacement and shall sign and date the entries; and

(d)any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by EASA or the CAA either generally or in relation to a class of aircraft or one particular aircraft.

(8) A certificate of release to service issued under this Order shall not be required to be in force in respect of an aircraft to which this article applies if there is in force a certificate of release to service issued in accordance with paragraph 21A.163(d) of Part 21.

(9) Neither—

(a)equipment provided in compliance with Schedule 4 (except equipment specified in paragraph 4 of the Schedule); nor

(b)radio communication and radio navigation equipment provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not such apparatus is provided in compliance with this Order or any regulations made thereunder;

shall be installed or placed on board for use in an aircraft to which this article applies after being overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued under this Order.

(10) A certificate of release to service issued under this Order shall—

(a)certify that the aircraft or any part thereof or its equipment has been overhauled, repaired, replaced, modified or maintained, as the case may be, in a manner and with material of a type approved by EASA or the CAA either generally or in relation to a class of aircraft or the particular aircraft and shall identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates and shall include particulars of the work done; or

(b)certify in relation to any inspection required by the CAA that the aircraft or the part thereof or its equipment, as the case may be, has been inspected in accordance with the requirements of the CAA and that any consequential repair, replacement or modification has been carried out.

(11) A certificate of release to service issued under this Order may be issued only by—

(a)the holder of an aircraft maintenance engineer's licence—

(i)granted under this Order, being a licence which entitles him to issue that certificate; or

(ii)granted under the law of a country other than the United Kingdom and rendered valid under this Order, in accordance with the privileges endorsed on the licence.

(b)the holder of an aircraft maintenance engineer's licence or authorisation as such an engineer granted or issued by or under the law of any Contracting State other than the United Kingdom in which the overhaul, repair, replacement, modification, maintenance or inspection has been carried out, but only in respect of aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg and in accordance with the privileges endorsed on the licence;

(c)a person approved by the CAA as being competent to issue such certification, and in accordance with that approval;

(d)a person whom the CAA has authorised to issue the certificate in a particular case, and in accordance with that authority;

(e)in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of a United Kingdom Airline Transport Pilot's Licence (Aeroplanes) or a JAR-FCL Airline Transport Pilot Licence (Aeroplane) or a Flight Navigator's Licence granted or rendered valid under this Order;

(f)a person approved in accordance with Part 145, and in accordance with that approval; or

(g)the holder of an aircraft maintenance licence granted by the CAA under Part 66, in accordance with the privileges endorsed on the licence.

(12) In this article, the expression “repair” includes in relation to a compass the adjustment and compensation thereof and the expression “repaired” shall be construed accordingly.