SI 2022/1235 The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022

by | Dec 12, 2022 | Aviation, Brexit, Navigation, Safety, Transport, UK

These Regulations make amendments to retained EU law in the field of aviation safety and air traffic management using powers conferred by Regulation (EU) 2018/1139 of 4 July 2018 on common rules in the field of civil aviation and by Regulation (EC) No 551/2004 of 10 March 2004 on the organisation and use of the airspace in the single European sky.

Regulation 2 amends Commission Regulation (EU) No 748/2012 (initial airworthiness) to allow the Civil Aviation Authority (“CAA”) to recognise approvals given by the European Union Aviation Safety Agency to production organisations outside the EU.

Regulations 3 to 5 amend Commission Implementing Regulation (EU) No 923/2012 (common rules of the air) to make changes to reflect current International Civil Aviation Organization (“ICAO”) standards, practices and procedures for air navigation services; to introduce new definitions and to amend specific Rules of the Air.

Regulations 6 to 8 amend Commission Regulation (EU) 965/2012 (air operations) to make a number of changes: to postpone a date for implementation of requirements related to aircraft in distress following an ICAO Directive (regulation 7); to include requirements in the legislation which were previously introduced by the CAA under Safety Directive SD-2014/003 relating to helicopter emergency medical services and night operations (regulation 8(2)) and to change requirements in relation to helicopters that are both over a certain size and involved in offshore operations to be fitted with a Helicopter Terrain Awareness and Warning System and to meet new standards (regulation 8(3)). Helicopters subject to the current requirements will be required to comply immediately; others will be required to comply from 1st January 2025.

Regulation 9 amends Commission Regulation (EU) No 1321/2014 (continuing airworthiness) to allow the CAA to recognise approvals given to third country maintenance organisations by their home country if equivalent safety standards are applied.

Regulation 10 amends Commission Delegated Regulation (EU) 2019/945 (unmanned aircraft systems) to remove provisions which provide for technical standards adopted by the European Commission and unmanned aircraft marked with the European ‘CE’ marking to be recognised under UK law until such time as the Secretary of State has exercised the power to designate standards in the UK.

Regulation 11 amends Commission Implementing Regulation (EU) 2019/947 (operation of unmanned aircraft) to extend the period in which certain unmanned aircraft, which do not comply with Chapter 2 of Commission Delegated Regulation (EU) 2019/945, can continue to be operated, subject to the conditions set out in the amended provisions and to remove a redundant transitional provision.

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Source: HMSO.

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