Appendix 2
S.I. 2003/2905: memorandum from the Department
for Transport
Air Navigation (Amendment) (No. 2) Order 2003
(S.I. 2003/2905)
1. By a letter dated 16 December 2003, the Committee
sought a Memorandum on the following points:
(1) Article 34A(1) of the 2000 Order, as inserted
by article 3(1), requires the operator of certain aircraft to
establish and maintain an accident prevention and flight safety
programme. This requirement, contravention of which is made an
offence by article 3(2), comes into force on 16 December 2003.
What must an accident prevention and flight safety programme contain,
and where is this explained?
2. Part I of Annex 6 to the Chicago Convention has,
for at least thirteen years, included a standard that an operator
shall establish and maintain an accident prevention and flight
safety programme, the details of which should be included in its
Operations Manual. The International Civil Aviation Organisation
("ICAO") has not provided a definition of the term,
but its Accident Prevention Manual (Doc 9422)[1]
provides details of the accident prevention measures expected
of an operator.
3. In practice operators have complied with the ICAO
standard, although there was no obligation to do so set out in
UK legislation. Following a joint ICAO/Civil Aviation Authority
review of the UK's compliance with ICAO standards it was decided
that the Air Navigation Order should require operators to include
an accident prevention and flight safety programme in their Operations
Manuals. The proposal was explained to operators in the Civil
Aviation Authority's Flight Operations Department Communication
18/2001[2]. By the Air
Navigation (Amendment) Order 2002[3]
the Air Navigation Order 2000 was amended. Schedule 10 Part A
(a)(xix) provides for details of the operator's accident prevention
and flight safety programme to be included in its Operations Manual.
In its Flight Operations Department Communication 24/2002 dated
3 October[4], the Civil
Aviation Authority explained to all holders of an air operator's
certificate that further information on the content of such a
programme was available.
4. However, whilst the method of implementation secured
swift compliance with ICAO's standards, it did not reflect the
Civil Aviation Authority's normal practice of placing substantive
obligations in the main body of the Air Navigation Order. Hence,
in this Order the Civil Aviation Authority introduced an obligation
to establish and maintain an accident prevention and flight safety
programme in the main body of the Air Navigation Order.
5. In addition, Amendment 26 to Part I of Annex 6
introduced a standard which requires operators of aeroplanes with
a maximum take off weight authorised in excess of 27,000 kg to
establish and maintain a flight data monitoring programme as part
of their accident prevention and flight safety programmes. Amendment
26 also required that information gathered by the accident prevention
and flight safety programme should not be used to apportion
blame for any incident. The standard will apply from 1 January
2005.
6. In order to reflect these new requirements it
was necessary to effect an amendment to the Air Navigation Order
2000. Article 34A therefore sets out the requirement on an operator
to establish and maintain an accident prevention and flight safety
programme, part of which now includes the requirement for a flight
data monitoring programme.
7. A public transport aircraft operator must submit
its Operations Manual to the Civil Aviation Authority for review
and approval. The Civil Aviation Authority may require an operator
to make changes to a manual[5]
and by this means can ensure that the programme, which is a constituent
part of the manual, meets the ICAO requirements.
(2) Is the programme referred to in article 34A(3)
the accident prevention and flight safety programme or the flight
data monitoring programme?
8. By virtue of article 34A(2), the flight data monitoring
programme must be included in the operator's accident prevention
and flight safety programme. The singular reference in 34A(3)
is to the accident prevention and flight safety programme.
(3) Article 94A, inserted by article 4(2), provides
that "a licence" shall entitle the holder to perform
the functions specified in Section 1 of Part A of Schedule 9 under
the heading "Privileges". In the case of a student air
traffic controller licence, should it not have referred instead
to Section 2 of Part A?
9. Article 94A is intended to set out the privileges
attaching to an air traffic controller licence and a student air
traffic controller licence. Inclusion of the incorrect reference,
i.e. to Section 1 of Part A of Schedule 9, means that the article
relates to air traffic controller licences only. Reference should
have been made to Part A of Schedule 9. The Department for Transport
and the Civil Aviation Authority deeply regret the error and will
take steps to correct it as soon as possible.
10. Having accepted that an amendment is necessary,
the Civil Aviation Authority has considered whether any interim
measures are necessary and has decided that none are required.
(4) Explain the purpose and effect of the phrase
"Subject to paragraphs (b) and (c)" in paragraph 1(2)
of Part A of Schedule 9, as substituted by article 5(2).
11. Paragraph 1(2) of Part A of Schedule 9 is intended
to set out the privileges attaching to an air traffic controller
licence: the entitlement to perform certain functions. It was
not intended that the functions permitted by paragraph (a) should
be subject to the terms in paragraphs (b) and (c). The phrase
"Subject to paragraphs (b) and (c)" was, therefore,
not intended to address a particular purpose and cannot be given
effect. The phrase should not have been included in the Order.
The Department for Transport and the Civil Aviation Authority
deeply regret the inclusion of these unnecessary words and will
take steps to correct the provisions of paragraph 1(2) of Part
A of Schedule 9 as soon as possible.
12. Having accepted that an amendment is necessary,
the Civil Aviation Authority has considered whether any interim
measures are necessary and has decided that none are required.
(5) What does paragraph (b) of that provision
add to article 94A(b)?
13. As noted in paragraph 5 above, paragraph 1(2)
of Part A of Schedule 9 is intended to set out the privileges
attaching to an air traffic controller licence. The Committee
has identified an element of duplication in the terms of article
94A(b) and paragraph 1(2)(b) of Part A of Schedule 9. The Department
for Transport acknowledges that paragraph 1(2)(b) does not add
to the provision at 94A(b). The Department for Transport and the
Civil Aviation Authority are sorry for having included an unnecessary
provision in the Order and will take steps to remove the duplication
as soon as possible.
22 December 2003
1 ICAO's authorised publications agent in the UK is
Airplan Flight Equipment Ltd, from whom a copy of Doc 9422 may
be purchased. Back
2
http://www.caa.co.uk/docs/33/FOD200118.pdf Back
3
SI 2002/264 Back
4
http://www.caa.co.uk/docs/33/FOD200224.pdf Back
5
Pursuant to article 31(3)(d) of the Air Navigation Order 2000 Back
| 
