Civil Aviation (Route Charges for Navigation Services) Regulations 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/1920 |
1984 No. 1920
CIVIL AVIATION
The Civil Aviation (Route Charges for Navigation Services) Regulations 19849thDecember 1984
10thDecember 1984
1stJanuary 1985
Whereas in pursuance of tariffs approved under the Eurocontrol Convention(a) and under the Multilateral Agreement relating to the Collection of Route Charges concluded at Brussels on 8th September 1970(b) (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 the Eurocontrol Organisation in respect of navigation services provided for aircraft in the airspace hereinafter specified:
Now, therefore, the Secretary of State for Transport in exercise of his powers under sections 73 and 74 of the Civil Aviation Act 1982(c) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Citation and Operation
1. These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) Regulations 1984 and shall come into operation on 1st January 1985.
Revocation
2. The Civil Aviation (Route Charges for Navigation Services) Regulations 1983(d) are hereby revoked.
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
(a) Cmnd. 2114.
(b) Cmnd. 4916.
(c) 1982 c. 16; section 73(4) was amended by section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 (c. 11).
(d) S.I. 1983/1797.
"Aeronautical Information Publication" or "AIP" and published by a public authority of that country;
"Authorised person" means any person authorised by the Authority (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
"FIR" means "Flight Information Region";
"Offshore installation" means any installation which is maintained, or is intended to be established, for underwater exploitation or exploration;
a "specified airspace" means the airspace of a FIR described as set forth in columns 1 and 2 of Schedule 1 hereto;
"United Kingdom Air Pilot" means a document so entitled in force at the date of the making of these Regulations and published by the Civil Aviation Authority.
(2) Expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1980(a).
Charge to be paid to Eurocontrol
4.— (1) Subject to the provisions of these Regulations the operator of any 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 the Organisation, 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 the Organisation 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 the Organisation that some other person is the operator; and from the time when the notice is given the Organisation 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 the Organisation under these Regulations in respect of a flight if he has previously paid to the Organisation 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 1 hereto.
Payment
5.—(1) The amount of the charge shall be payable to the Organisation at its principal office in Brussels and shall be paid in United States dollars.
(a) S.I. 1980/1965, to which there are amendments not relevant to these Regulations.
(2) Without prejudice to any existing rule of law relating to the payment, under an order of the Court, of a debt expressed in foreign currency, the equivalent in Sterling of the charge may be recovered in any Court of competent jurisdiction in the United Kingdom.
(3) Nothing in this Regulation shall prevent the Organisation from accepting as a good discharge payment in currencies other than United States dollars or at places other than the principal office of the Organisation.
Calculation of the Charge
6.— (1) Except in the case of flights specified in Regulation 7 of these Regulations, the charge shall be calculated in United States dollars according to the following formula:—
r=N×U
where r is the charge for the flight, N is the number of service units relation to that flight and U is the appropriate unit rate specified in column 3 of Schedule 1 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 United States dollar 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:—
N=d×p
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) 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) 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) 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...
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