14Approval for a subsonic aircraft to which standards apply

14 Approval for a subsonic aircraft to which standards apply

(1) The owner or operator of an aircraft (other than a supersonic aircraft or an RPA) may apply to the Secretary for approval for the aircraft to engage in air navigation if: (a) the aircraft is of a kind mentioned in paragraph 7(1)(a) or (b); and (b) the aircraft does not comply with the relevant standards for the aircraft. (2) An applicant must give the Secretary such information relating to the aircraft as is reasonably required by the Secretary for a proper consideration of the application. (3) The Secretary may, by written notice given to the applicant, approve the application if: (a) the aircraft is not a subsonic jet aircraft and the extent to which the aircraft exceeds the relevant standards for the aircraft is not significant; or (b) the historical significance of the aircraft justifies approving the application; or (c) the aircraft is to be used solely for a purpose that is in the public interest; or (d) the aircraft is to be used for either or both of the following purposes and for no other purpose: (i) an air display approved by the Civil Aviation Safety Authority; (ii) an adventure flight.

Note: See section 15 for public consultation requirements for adventure flights.

(4) For the purposes of paragraph (3)(c), purposes that are in the public interest include the following: (a) humanitarian purposes; (b) the provision of essential services to a remote area; (c) a medical or emergency flight; (d) a scientific or research flight. (5) If the Secretary approves the application, the Secretary must include in the approval: (a) any conditions with which the applicant must comply; and (b) if paragraph (3)(c) applies: (i) the purpose for which the aircraft is to be used; and (ii) the period, not exceeding one month, during which the aircraft may engage in air navigation. (6) The Secretary may revoke the approval if: (a) for an aircraft mentioned in paragraph (3)(a)—the aircraft significantly exceeds the relevant standards for the aircraft; or (b) in any other case—the aircraft is not used for the purpose for which the approval was given or is operated in contravention of a condition set out in the approval. (7) If the Secretary decides to not approve the application, or to revoke the approval, the Secretary must give written notice of the decision, and the reasons for the decision, to the applicant.