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The Air Navigation Order 2005
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- UK Statutory Instruments
- 2005 No. 1970
- PART 5
- Article 44
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The Air Navigation Order 2005, Section 44 is up to date with all changes known to be in force on or before 16 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 44:
- Instrument by S.I. 2006/1384 reg 16
- Instrument by S.I. 2006/1384 reg 17
- Instrument appl in pt (mod) by S.I. 2008/25 art 4 schedule
- Part 10 (arts 107 - 120) subst by S.I. 2009/1742 arts 2 3
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- art 28A added (31.1.2008) by S.I. 2007/3467 arts 2 5
- art 31A added (31.1.2008) by S.I. 2007/3467 arts 2 5
- arts 32A - 32C added (31.1.2008) by S.I. 2007/3467 arts 2 5
- art 52A added by S.I. 2007/274 art 4
- art 54A added by S.I. 2007/274 art 4
- art 61A added (31.1.2008) by S.I. 2007/3467 arts 2 11
- art 62A added by S.I. 2007/274 art 5
- art 72A added by S.I. 2007/274 art 4
- art 141A added by S.I. 2006/2316 art 2
- arts 144A-144C added by S.I. 2006/1384 reg 14
Public transport—aeroplanes—operating conditions and performance requirementsU.K.
44.—(1) Subject to paragraph (4) an aeroplane registered in the United Kingdom and flying for the purpose of public transport shall comply with subpart F of Section 1 of JAR-OPS 1.
(2) The assessment of the ability of an aeroplane to comply with paragraph (1) shall be based on the information as to its performance approved by the state of design and contained in the flight manual for the aeroplane.
(3) In the event of the approved information in the flight manual being insufficient for that purpose such assessment shall be based on additional data acceptable to the CAA.
(4) An aeroplane need not comply with paragraph (1) if it is flying under and in accordance with a permission granted to the operator by the CAA under paragraph (5).
(5) The CAA may grant in respect of any aeroplane a permission authorising it to comply with the applicable provisions of Schedule 2 to the Air Navigation (General) Regulations 2005 M1.
(6) The applicable provisions for an aeroplane in respect of which such a permission has been granted shall be those provisions of the said Schedule applicable to an aeroplane of the performance group specified in the permission.
(7) An aeroplane registered in the United Kingdom flying under and in accordance with a permission granted by the CAA under paragraph (5) when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aeroplane—
(a)if it has one engine only, in the event of the failure of that engine; or
(b)if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness or flight manual for the aeroplane;
to reach a place at which it can safely land at a height sufficient to enable it to do so.
(8) Without prejudice to paragraph (7), an aeroplane flying under and in accordance with a permission granted by the CAA under paragraph (5) in respect of which either that permission or the certificate of airworthiness of the aeroplane designates the aeroplane as being of performance group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore, unless the aeroplane has more than 2 power units.
(9) For the purposes of paragraph (8), flying time shall be calculated at normal cruising speed with one power unit inoperative.
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