PART 4Standardised European Rules of the Air

74.  The Air Navigation Order 2009 is further amended as follows.

75.  In article 160 (Rules of the Air)—

(a)in each of paragraph (3) and (4), after “Rules of the Air” insert “, or for any obligation in SERA the breach of which would otherwise be an offence under this Order,”; and

(b)in paragraph (5), after “Rules of the Air” insert “, or from any obligation in SERA the breach of which would otherwise be an offence under this Order,”.

76.  In article 255(1)—

(a)for the definition of “aerodrome control service” substitute–

““Aerodrome control service” means an air traffic control service to aerodrome   traffic;”;

(b)after the definition of “aerodrome operating minima” insert–

““Aerodrome traffic” means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome and includes, but is not limited to, aircraft entering or leaving an aerodrome traffic circuit;

“Aerodrome traffic circuit” means the path to be flown by aircraft operating in the vicinity of an aerodrome under provision 3225(b) of SERA;”;

(c)in the definition of “air/ground communications service”, for “give information to pilots of aircraft flying in the vicinity of an aerodrome” substitute “aerodrome traffic”;

(d)for the definition of “air traffic control unit” substitute–

““Air traffic control unit” means a unit of air traffic controllers established by a person appointed by a person maintaining an aerodrome or other place in order to provide an area control service, an aerodrome control service or an approach control service;”;

(e)for the definition of “area control service” substitute–

““Area control service” means an air traffic control service for flights subject to an air traffic control clearance in control areas;”;

(f)for the definition of “cloud ceiling” substitute–

““Cloud ceiling” means the height above the ground or water of the base of the lowest layer of cloud below 6000m which, when visible from the aerodrome, is sufficient to obscure more than half the sky;”;

(g)in the definition of “flight information service” for sub-paragraph (a)(ii) substitute–

“(a)(ii)the grant or refusal of a permissin under provision 8015 of SERA or under rule 40(b) or 41(2) of the Rules of the Air Regulations 2007”;

(h)in the definition of “flight visibility” for “deck” substitute “cockpit”;

(i)in the definition of “instrument flight procedure” for sub-paragraph (d) substitute–

“(d)an omnidirectional departure;”;

(j)for the definition of “Instrument Flight Rules” substitute–

““Instrument Flight Rules” means Instrument Flight Rules prescribed by Section 5 of SERA;”;

(k)for the definition of “manoeuvring area” substitute–

““Manoeuvring area” means that part of an aerodrome used for the take-off, landing and taxiing of aircraft, excluding the apron;”;

(l)after the definition of “offshore service” insert–

““Omnidirectional departure” means a departure procedure that is designed on the basis that an aircraft maintains the runway direction until it reaches such a height that it can make a turn in any direction and maintain the obstacle clearance prescribed by the procedure;”;

(m)for the definition of “precision approach” substitute–

““Precision approach” means an instrument approach using precision lateral and vertical guidance with minima as determined by the category of operation;”;

(n)omit the definitions of “planned departure route” and “precision approach radar”;

(o)after the definition of “self-sustaining glider” insert–

“‘SERA” means the Annex to the Standardised European Rules of the Air Regulation”;

(p)for the definition of “special VFR flight” substitute–

““Special VFR flight” means a flight conducted in accordance with the Visual Flight Rules cleared by an air traffic control unit to operate within a control zone in meteorological conditions below Visual Meteorological Conditions;”;

(q)after the definition of “SSEA” insert—

““Standardised European Rules of the Air Regulation” means Commission Implementing Regulation (EU) No 923/2012 of 26th September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010(1)”; and

(r)for the definition of “‘Visual Flight Rules” substitute–

““Visual Flight Rules” means visual flight rules prescribed by Section 5 of SERA;”.

77.—(1) In paragraph (5) of Schedule 4 (aircraft equipment), in relation to Scale C—

(a)for sub-paragraph (1) substitute—

“(1) Equipment for displaying the lights required by provision 3215 of SERA”;

(b)in sub-paragraph (3) for “Rule 61 of the Rules of the Air Regulations 2007” substitute “paragraphs 1, 2 and 3 of the Appendix to SERA”.

(2) In paragraph (5) of Schedule 4, in relation to Scale J, in sub-paragraph (2) for “Rule 61 of the Rules of the Air Regulations 2007” substitute “paragraphs 1, 2 and 3 of the Appendix to SERA”.

78.—(1) In Part A (provisions referred to in article 241(5)), Section 1 of Schedule 13 (penalties), in the entry for article 160(5), after “from” insert “SERA or”.

(2) After Section 5 of Part B (provisions referred to in article 241(6)) of Schedule 13, as inserted by article 72(3) of this Order, insert—

“SECTION 6

(3) After Section 6 of Part C (provisions referred to in article 241(7)) of Schedule 13 (penalties), as inserted by article 72(4) of this Order, insert—

“SECTION 7