Civil Aviation (Route Charges for Navigation Services) Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/3160

1995 No. 3160

CIVIL AVIATION

The Civil Aviation (Route Charges for Navigation Services) Regulations 1995

Made 6th December 1995

Laid before Parliament 11th December 1995

Coming into force 1st January 1996

Whereas in pursuance of tariffs approved under the Eurocontrol Convention1and under the Multilateral Agreement relating to Route Charges concluded at Brussels on 12th February 19811(being international agreements to which the United Kingdom is a party), the Secretary of State for Transport has determined rates of charges, as specified in the following Regulations, payable to Eurocontrol in respect of navigation services provided for aircraft:

Now, therefore, the Secretary of State for Transport in exercise of the powers conferred by sections 73(1)(a), (1A), (3), (4), (6), 74(4) and (5) and 102(2)(b) of the Civil Aviation Act 19822and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) Regulations 1995 and shall come into force on 1st January 1996.

Revocation
S-2 Revocation

Revocation

2. The Regulations specified in Schedule 1 hereto are hereby revoked.

Interpretation
S-3 Interpretation

Interpretation

3.—(1) In these Regulations—

“AIP” in relation to a country other than the United Kingdom means a document in force at the date of the making of these Regulations, entitled “Aeronautical Information Publication”or “AIP”and published by a public authority of that country;

“authorised person” means any constable or any person authorised by the CAACAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;

“ECUs” means European Currency Units being units of account defined by reference to more than one currency;

“FIR” means “Flight Information Region”;

“specified airspace” means the airspace of a FIR described as set forth in columns 1 and 2 of Schedule 2 hereto;

“United Kingdom Air Pilot” means the document so entitled in force at the date of the making of these Regulations and published by the CAACAA.

(2) Other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation (No. 2) Order 19953.

Charge to be paid to Eurocontrol
S-4 Charge to be paid to Eurocontrol

Charge to be paid to Eurocontrol

4.—(1) Subject to the provisions of these Regulations the operator of an aircraft (in whatsoever State it is registered) for which navigation services (not being navigation services provided in connection with the use of an aerodrome) are made available in a specified airspace shall pay to Eurocontrol, in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as “the charge”) at the appropriate rate calculated in accordance with regulation 6 or 7 of these Regulations, whichever shall apply in the circumstances.

(2) If Eurocontrol is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of Eurocontrol that some other person is the operator; and from the time when the notice is given Eurocontrol shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner of the aircraft as if he were the operator.

(3) The operator of an aircraft shall not be required to pay any charge to Eurocontrol under these Regulations in respect of a flight if he has previously paid to Eurocontrol in respect of that flight a charge of the same or a greater amount under the law of a country specified in column 1 of Schedule 2 hereto.

Payment
S-5 Payment

Payment

5.—(1) The amount of the charge shall be payable to Eurocontrol at its principal office in Brussels and shall be paid in ECUs.

(2) Without prejudice to any existing rule of law relating to the recovery of a debt expressed in ECUs, the equivalent in sterling of the charge may be recovered in any court of competent jurisdiction in the United Kingdom.

(3) If the amount of the charge payable under regulation 4(l) is not paid by the operator of the aircraft within 24 days of the date payment is demanded by Eurocontrol, interest calculated in accordance with paragraph (4) below on the unpaid amount shall be paid from that day until the date when payment is made.

(4) Interest payable under paragraph (3) shall be simple interest calculated from day to day at the rate of 8.69%.

(5) Nothing in this regulation shall prevent Eurocontrol from accepting as a good discharge payment other than in ECUs or at places other than the principal office of Eurocontrol.

Calculation of the Charge

Calculation of the Charge

S-6 Except in the case of flights specified in regulation 7 of...

6.—(1) Except in the case of flights specified in regulation 7 of these Regulations, the charge shall be calculated in ECUs according to the following formula—

where

r is the charge for the flight, N is the number of service units relating to that flight and U is the appropriate unit rate specified in column 3 of Schedule 2 hereto in relation to the specified airspace through which the flight is made, increased or decreased as the case may be by the same percentage as the relevant national currency has increased or decreased against the ECUECU as compared with the rate of exchange specified in column 4 of the said Schedule in relation to that airspace.

(2) For the purpose of the preceding paragraph, the number of service units relating to a flight shall be calculated in accordance with the following formula—

where

d is the distance factor for the flight in the specified airspace in question and p is the weight factor for the aircraft concerned.

(3) For the purposes of the preceding paragraph—

(a)

(a) the distance factor shall be the number of kilometres in the great circle distance between the points specified in paragraph (4) of this regulation minus 20 kilometres for each landing and take-off in the specified airspace in question, divided by 100 and expressed to two places of decimals, and

(b)

(b) the weight factor, subject to the provisions of paragraph (6) of this regulation, shall be equal to the square root of the quotient obtained by dividing by 50 the number of metric tonnes of the maximum total weight authorised of the aircraft and shall be expressed to two places of decimals.

(4) The points referred to in paragraph (3) of this regulation are—

(a)

(a) the aerodrome of departure within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of entry into that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of entry into that airspace; and

(b)

(b) the aerodrome of first destination within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of exit from that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of exit from that airspace.

(5) The standard points of entry and exit referred to in paragraph (4) of this regulation are the points, as described in the United Kingdom Air Pilot or relevant AIP as the case may be, where the median line of the appropriate airway or upper Air Traffic Service route so described crosses the boundary of the airspace in question.

For the purposes of this paragraph, the appropriate airway or route, in the case of a flight made between 1st January and 31st December in any year, shall be—

(a) the airway or route between the aerodrome of departure and the aerodrome of first destination which appears to Eurocontrol on 1st January of that year to be the most frequently used such airway or route; or

(b) if Eurocontrol is unable to ascertain on 1st January of that year which such airway or route is the most frequently used, the shortest such airway or route:

Provided that in the case of a flight in respect of which the aerodrome of departure or the aerodrome of first destination is situated in one of the zones specified in column 1 of Schedule 3 to these Regulations but that aerodrome is not specified in column 2 of the said Schedule the point of entry into or, as the case may be, of exit from the said airspace shall be the actual point where the flight in question crosses the lateral limits of that airspace as described in the United Kingdom Air Pilot or relevant AIP as the case may be.

(6) The weight factor for an aircraft of any type shall be calculated by reference to the maximum total weight authorised of the heaviest aircraft of that type:

Provided that where an operator has indicated to Eurocontrol, within the period of one year immediately preceding the flight, the composition of the fleet of aircraft which he operates and which includes two or more aircraft which are different versions of the same type of aircraft, the weight factor shall be calculated by reference to the average of the maximum total weight authorised of all his aircraft of that type so indicated to Eurocontrol.

S-7 The charge in relation to a flight which enters a specified...

7. The charge in relation to a flight which enters a specified airspace and in respect of which the aerodrome of departure or the aerodrome of first destination, as the case may be, is specified in column 2 of Schedule 3 hereto and the aerodrome of the first destination or the aerodrome of departure, as the case may be, is situated in any one of the zones...

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