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Aviation Safety (Amendment) Regulations 2023

Lords motion to regret. Motion withdrawn.

Lead member

Baroness Randerson

Answering member

Baroness Vere of Norbiton

Department

Department for Transport

Type

Debates on delegated legislation

Date

4 July 2023

Reference

831 cc1206-1214

House

House of Lords

Aviation Safety (Amendment) Regulations 2023

My Lords, the regulations which are the subject of this regret Motion amend four retained EU regulations. Two of them are amended to implement revised standards and practices adopted by the International Civil Aviation Organization. These involve implementing new safety management systems for the production and maintenance of aircraft. The...

Member

Baroness Randerson (Liberal Democrat)

Type

Proceeding contributions

Date

4 July 2023

Reference

831 cc1206-8

House

House of Lords

Aviation Safety (Amendment) Regulations 2023

I rise again in this crowded Chamber to discuss a transport issue. This sort of debate should be divided into two. Let us first look at the instrument itself, rather than the problems with getting it here. Civil aviation in general is really quite safe. The very sad interruption to...

Member

Lord Tunnicliffe (Labour)

Type

Proceeding contributions

Date

4 July 2023

Reference

831 cc1208-1210

House

House of Lords

Aviation Safety (Amendment) Regulations 2023

I am extremely grateful to the noble Baroness, Lady Randerson, and the noble Lord, Lord Tunnicliffe, for their input this evening. I am particularly grateful for the collaborative words from the noble Lord, Lord Tunnicliffe. It is hard to find fault with much of what he said and we recognise...

Member

Baroness Vere of Norbiton (Conservative)

Type

Proceeding contributions

Date

4 July 2023

Reference

831 cc1210-4

House

House of Lords

Aviation Safety (Amendment) Regulations 2023

I thank the Minister and the noble Lord, Lord Tunnicliffe, for taking part in this rather niche debate, as it has turned out. Very briefly, I think the noble Lord and I agree that introducing SMS procedures takes time and is important, and that the work should have started earlier....

Member

Baroness Randerson (Liberal Democrat)

Type

Proceeding contributions

Date

4 July 2023

Reference

831 c1214

House

House of Lords

Air Navigation (Amendment) Order

Laid by

Secretary Chris Grayling

Department

Privy Council

Type

Statutory instruments

Date

30 May 2018

Reference

SI 2018/623

House

House of Lords; House of Commons

Ballooning: Safety

To ask the Secretary of State for Business, Innovation and Skills what representations he has made about the regulatory burden imposed by the European Aviation Safety Agency on hot air balloon manufacturers; and if he will make a statement.

Asked by

Andrew Stephenson (Conservative)

Answering body

Business, Innovation and Skills

Type

Written questions

Status

Answered

Date

13 March 2014

Reference

190781; 577 c295W

House

House of Commons

Air Navigation (Amendment) Order 2007

SI 2007/274. (Negative instrument). Together with an explanatory memorandum from the Department for Transport. Coming into force 15 March 2007.

Department

Privy Council

Type

Statutory instruments

Date

14 February 2007

Reference

SI 2007/274

House

House of Commons; House of Lords

Dept for Transport

To ask the Secretary of State for Transport, whether he has (a) contacted and (b) been contacted by (i) the European Aviation Safety Agency and (ii) other European certification agencies regarding failures in the winch manufactured by Hydrotechnics and used by the Aerophile Aerostat in the past five years; what...

Asked by

Owen Paterson (Conservative)

Answering body

Department for Transport

Type

Written questions

Status

Answered

Date

8 November 2004

Reference

426 c486W; 196546;196548

House

House of Commons

Dept for Transport

To ask the Secretary of State for Transport, what powers he has to revoke licences for airworthiness certificates for aerostats currently in operation in the UK whose certification came through Grandfather rights; what account the certifying authority takes of a track record of a proven aerostat system when considering applications...

Asked by

Owen Paterson (Conservative)

Answering body

Department for Transport

Type

Written questions

Status

Answered

Tabled on

2 November 2004

For answer on

8 November 2004

Answered on

8 November 2004

Mr. Paterson: To ask the Secretary of State for Transport (1) what powers he has to revoke licences for airworthiness certificates for aerostats currently in operation in the UK whose certification came through Grandfather rights; [196547] (2) what account the certifying authority takes of a track record of a proven aerostat system when considering applications for certification; [196550] (3) which organisation is responsible for administering the process of aircraft type certification for applications made in respect of UK manufactured products; and which organisation makes the final decision on whether specific type certification should be granted in respect of an application from a UK manufacturer; [196551] (4) what applications for type certifications (a) have been made, (b) are pending and (c) have been granted in respect of tethered gas balloons manufactured in the UK; [196552] (5) whether the organisation responsible for processing the aircraft type certification is required to carry out technical studies of (a) the winch apparatus and (b) other components of the Aerostat system; and whether it is (i) entitled and (ii) otherwise permitted to accept third party attestations regarding such components from responsible bodies for the purposes of processing such certifications; [196553] (6) whether he has ascertained from the European Aviation Safety Agency whether the Health and Safety Executive is deemed to be a responsible body for the purposes of safety accreditation such that its certification of winch apparatus may be deemed sufficient for the purposes of aircraft type certification; [196554] (7) whether the Health and Safety Executive is deemed by the Civil Aviation Authority to be a responsible body for the purposes of safety accreditation of the winch apparatus forming part of an Aerostat system such that its certification may be deemed sufficient for the purposes of aircraft type certification; [196555] (8) what steps Lindstrand Technologies Limited of Oswestry, Shropshire, should take in order to acquire the necessary certification allowing the sale of their HiFlyer Aerostat in (a) the UK and (b) the EU; [196556] (9) what formal certification of specification has been promulgated for tethered gas balloons (aerostats); on what date it was promulgated; and by which organisation. [196654] Charlotte Atkins: The historical background to the certification of aerostats (also known as gas balloons) is set out at length in the answer of 29 September 2003, Official Report, 6 October 2003 columns 1057-60W given to the hon. Member. This answer outlines the changes to the treatment of such aircraft that were brought about by EC Regulation 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (EASA) and related provisions for grandfather rights and transitional arrangements. EASA took up its certification responsibilities on 28 September 2003 and the necessary Commission Regulations detailing how these responsibilities are implemented are set down in Commission Regulations No. 1702/2003 and 2042/2003. Article 10(1) of EC Regulation 1592/2002 provides that member states may react immediately to a safety problem which involves a product subject to the provisions of that regulation; this would cover the revocation of a Certificate of Airworthiness for aerostats currently in operation in the UK whose certification came through grandfather rights. Prior to 28 September 2003, the CAA were responsible for both administering the process of aircraft type certification for UK products and made the final decision on granting the certification. Since that date, with some minor exceptions, these have been the responsibility of EASA. The only application to date for type certification for a UK manufactured tethered gas balloon has been for the Lindstrand HiFlyer (also known as the HiFlyer Aerostat) and was made on 9 September 2003. It is therefore subject to transitional arrangements whereby the UK Civil Aviation Authority (CAA) has continued to carry out the necessary certification exercise, which involves satisfying itself that the aircraft meets the applicable safety standards; its compliance findings would be deemed to have been made by the agency. The sale of this product in either the UK or the EU can be achieved by either continuing with and completing the current certification exercise through the CAA or by making a new application directly to EASA. The latter would also be likely to involve the CAA being asked to conduct the detailed certification work on behalf of the agency. Under the procedures which the CAA is currently following for certifying the HiFlyer, the authority is required to satisfy itself that both the winch apparatus and all other components of a tethered gas balloon/ aerostat meet applicable safety standards. This requires specific work to be carried out to show that compliance with the requirements is achieved. If the aerostat had a proven positive track record prior to the application the CAA will note it, but it will not defray any compliance showing. If the proven track record is adverse, the CAA will assure itself during the process that the designer is addressing the issues. The formal certification specifications and processes have not yet been formally adopted and published by EASA. On 27 February 2003, the European Commission, through the auspices of the Central JAA, promulgated for comment a draft of a proposed certification specification and the CAA has been using these, in consultation with the agency, in order to progress the work on the HiFlyer, The draft certification processes provide that use can be made of third part attestations such as "expert body" accreditations of winches and ground equipments, but the agency has not yet defined how particular organisations should be accepted as "expert bodies". For this reason, neither the agency nor the CAA has been able to deem formally that the Health and Safety Executive is a responsible body for the purposes of safety accreditation of the winch apparatus forming part of an aerostat system. However, the authority is reviewing the existing HSE accreditation and if satisfied that compliance is shown with safety standards will be able to accept its findings as a suitable third party attestation. There is no obligation to accept such attestations.

Date

8 November 2004

Reference

426 c486-8W; 196547;196550;196551;196552;196553;196554;196555;196556;196654

House

House of Commons

Dept for Transport

To ask the Secretary of State for Transport, what reports he has received from certification agencies (a) in the UK and (b) elsewhere in the world concerning failures with the HiFlyer Aerostat manufactured by Lindstrand Technologies Ltd of Oswestry, Shropshire. - None.

Asked by

Owen Paterson (Conservative)

Answering body

Department for Transport

Type

Written questions

Status

Answered

Date

8 November 2004

Reference

196549; 426 c489W

House

House of Commons

MR DAVID HEMPLEMAN ADAMS

That this House congratulates David Hempleman Adams of Box in Wiltshire on yet another outstanding achievement, this time exceeding the previous world record for an aerial ascent in a hot air balloon; and further notes Mr Hempleman Adams' determination to do so with the minimum of modern technology and using...

Primary sponsor

James Gray (Conservative)

Type

Early day motions

Date

26 March 2004

Reference

920

House

House of Commons

Dept for Transport

To ask the Secretary of State for Transport, what assessment he has made of the effects of introducing a domestic airworthiness standard for tethered balloons for passenger transport in advance of the introduction of a European standard, with particular reference to the effects on UK manufacturers of balloons; what options...

Asked by

Owen Paterson (Conservative)

Answering body

Department for Transport

Type

Written questions

Status

Answered

Date

14 October 2003

Reference

411 c165W;411 c186W; 131218;131219;131220

House

House of Commons

MR DAVID HEMPLEMAN-ADAMS' SOLO BALLOON FLIGHT

That this House notes with admiration that on 29th September Mr David Hempleman-Adams became the first person to fly solo in a open wicker hot air balloon from Pittsburgh to Europe and, in doing so, achieved the British duration record; recognises that his journey is in the finest traditions of...

Primary sponsor

Julia Drown (Labour)

Type

Early day motions

Date

14 October 2003

Reference

1724

House

House of Commons

Dept for Transport

To ask the Secretary of State for Transport, whether there is a standard of airworthiness in respect of tethered balloons for passenger transport; when he expects European Aviation Safety Authority type certification CS31TGB to be (a) promulgated and (b) enforced; what plans he has to give the Civil Aviation Authority...

Asked by

Owen Paterson (Conservative)

Answering body

Department for Transport

Type

Written questions

Status

Answered

Tabled on

16 September 2003

For answer on

6 October 2003

Answered on

6 October 2003

Mr. Paterson: To ask the Secretary of State for Transport (1) whether there is a standard of airworthiness in respect of tethered balloons for passenger transport; [131180] (2) when he expects European Aviation Safety Authority type certification CS31TGB to be (a) promulgated and (b) enforced; [131189] (3) what plans he has to give the Civil Aviation Authority powers to certify the safety of airworthiness of tethered balloons for passenger transport; [131181] (4) if he will list the (a) telephone calls, (b) meetings, (c) correspondence and (d) other communication he has had with the (i) Civil Aviation Authority, (ii) European Aviation Safety Authority, (iii) Joint Aviation Authority and (iv) EU transport ministers on the certification of airworthiness of tethered balloons for passenger transport in the last 12 months; [131190] (5) what research he has conducted on the safety regimes of (a) France and (b) Germany on tethered balloons for passenger transport; [131191] (6) whether UK operators of tethered balloons for passenger transport will be able to operate such equipment after 28 September without (a) type certification under CS 31 TGB and (b) grandfather rights; [131182] (7) what recent assessment he has made of the safety of tethered balloons for passenger transport; [131183] (8) what assessment he has made of the employment prospects for the balloon industry, with particular reference to the effects of the lack of a certification standard for tethered balloons for passenger transport; [131192] (9) what estimate he has made of sales volumes of tethered balloons for passenger transport in the next five years; [131184] (10) what estimate he has made of the number of tethered balloons for passenger transport which have been (a) sold in and (b) imported into the UK in the past five years; [131193] (11) how many officials at his Department have duties relating to the certification of airworthiness of tethered balloons; [131194] (12) what his Department's responsibilities are in respect of Civil Aviation Authority certification for tethered balloons for passenger transport; [131185] (13) what his Department's responsibilities are in respect of the airworthiness of tethered balloons for passenger transport; [131186] (14) how many Civil Aviation Authority officials have (a) full and (b) part-time duties in relation to airworthiness certification; [131195] (15) what advice he gives to manufacturers of tethered balloons on the (a) current and (b) proposed regulatory framework; [131196] (16) what recent discussions he has had with (a) UK balloon manufacturers (b) the Civil Aviation Authority and (c) the European Aviation Safety Authority on the certification of airworthiness of tethered balloons for passenger transport; [131187] (17) what plans he has to make provision for the temporary certification of airworthiness of tethered balloons for passenger transport, in advance of a European standard; [131188] (18) how many (a) accidents, (b) injuries and (c) deaths to (i) passengers, (ii) operators and (iii) users of tethered balloons for passenger transport have been reported in the last five years; [131197] (19) if he will list the communications he has had with ministers in other departments with regard to the certification of airworthiness of tethered balloons for passenger transport in the last 12 months; [131303] (20) if he will make a statement on the negotiations with EU authorities establishing grandfather rights for regulatory authorities in France and Germany in respect of tethered balloons for passenger transport. [131304] Mr. McNulty: There are no international airworthiness standards in respect of tethered balloons for passenger transport. In the UK, the Air Navigation Order 2000 exempts such aircraft, described as captive balloons, from the requirement to be registered and thus from any airworthiness certification requirement. Tethered balloons carrying passengers are treated as fairground rides and their safety standards have been regulated by the Health and Safety Executive, rather than the Civil Aviation Authority. The Department for Transport accordingly has had no duties relating to the airworthiness of tethered balloons. Some other European countries have required tethered balloons to be registered and established national airworthiness certification requirements. Such requirements have been the responsibility of the states concerned and the Government has had no reason to research their safety regimes. UK produced tethered balloons sold into these countries have been required to meet national requirements which has caused some practical difficulties due to those states' unfamiliarity with UK Health and Safety Executive regulations. EC Regulation 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency came into force in September 2002. Its primary objective is to establish and maintain a high uniform level of civil aviation in Europe and an additional objective is to facilitate the free movement of goods, persons and services. The regulation lays down safety essential airworthiness requirements for aircraft and aviation products within its scope, which includes tethered balloons, and empowers the agency to establish the type certification basis for each aircraft, to issue the appropriate type certificates and to conduct, either itself or through national aviation authorities, the technical inspections associated with such certification. This system will facilitate the marketing of aircraft, such as captive balloons, throughout the Community. The agency is required to take up its certification responsibilities by 28 September. Commission Regulations detailing how these responsibilities will be implemented are being drawn up to a very tight timetable and should be finalised very shortly. The UK has been fully involved in the process of drawing up these implementing regulations. The regulations will include transitional provisions to ensure that all aircraft types currently used in member states can continue to be used after 28 September, including UK built tethered balloons. There are also provisions to give grandfather rights to a large range of aircraft and products certified under previous regimes. Under specified conditions, the type certification basis for certain products will be deemed to be an EASA certification basis: this will apply to a number of types of tethered balloons certified in other member states. Such provisions cannot apply to UK designed balloons because there has been no UK type certification basis for them. The agency has to establish an EASA certification basis for these aircraft and work is in hand to draft the appropriate certification specification (Certification Specification 31 Tethered Gas Balloons, known as CS 31 TGB). The agency is using a team of national expert put together by the Joint Aviation Authorities to develop this specification, industry will be consulted and it is expected to be adopted early in 2004. EASA arrangements for outsourcing tasks to national aviation authorities will allow the CAA to carry out a range of certification activities on behalf of the agency after 28 September and we understand that the CAA could quickly begin the necessary certification work for UK tethered balloons on the basis of the current draft of the certification specification. The authority has been in touch with the manufacturer of tethered balloons in the UK about the EASA developments and will endeavour to ensure as smooth a transition to the new system as possible.

Date

6 October 2003

Reference

410 c1057-60W;410 c1055-8W; 131180;131189;131181;131190;131191;131182;131183;131192;131184;131193;131194;131185;131186;131195;131196;131187;131188;131197;131303;131304

House

House of Commons

Ministry of Defence

To ask the Secretary of State for Defence, what the cost is to QinetiQ of its sponsorship of the QinetiQ I manned space balloon.

Asked by

Simon Thomas (Plaid Cymru)

Answering body

Ministry of Defence

Type

Written questions

Status

Answered

Date

10 June 2002

Reference

60614; 386 c749W

House

House of Commons

Dept of the Environment Transport and the Regions

To ask the Secretary of State for the Environment, Transport and the Regions, how many (a) fatalities and (b) injuries have resulted from accidents involving passenger balloons in each of the last 10 years. - Includes table.

Asked by

John Grogan (Labour)

Answering body

Department of the Environment, Transport and the Regions

Type

Written questions

Status

Answered

Tabled on

18 March 1999

For answer on

30 March 1999

Answered on

30 March 1999

Mr. Grogan: To ask the Secretary of State for the Environment, Transport and the Regions how many (a) fatalities and (b) injuries have resulted from accidents involving passenger balloons in each of the last 10 years. [78318] Ms Glenda Jackson: The Civil Aviation Authority have provided accident figures for commercial balloons as follows: _________________________________________________________________________________________________. Injuries Year Total accidents Fatal Serious Minor 1989 0 0 0 0 1990 0 0 0 0 1991 8 0 4 5 1992 11 0 9 13 1993 11 0 7 5 1994 11 0 7 18 1995 7 0 5 0 1996 6 0 4 2 1997 6 1 12 20 1998 6 0 3 3 Total 66 1 51 66 _________________________________________________________________________________________________.

Date

30 March 1999

Reference

78318; 328 c581-2W;328 c582W

House

House of Commons

Dept of the Environment Transport and the Regions

To ask the Secretary of State for the Environment, Transport and the Regions, what plans he has to improve the safety of passengers in balloons. - Includes figures.

Asked by

John Grogan (Labour)

Answering body

Department of the Environment, Transport and the Regions

Type

Written questions

Status

Answered

Date

30 March 1999

Reference

78319; 328 c581W

House

House of Commons

Dept of the Environment Transport and the Regions

To ask the Secretary of State for the Environment, Transport and the Regions, how many accidents there have been involving power lines and passenger balloons in each of the last 10 years. - Includes table.

Asked by

John Grogan (Labour)

Answering body

Department of the Environment, Transport and the Regions

Type

Written questions

Status

Answered

Tabled on

18 March 1999

For answer on

30 March 1999

Answered on

30 March 1999

Mr. Grogan: To ask the Secretary of State for the Environment, Transport and the Regions how many accidents there have been involving power lines and passenger balloons in each of the last 10 years. [78320] Ms Glenda Jackson: The Civil Aviation Authority have provided accident figures for commercial balloons involving power lines as follows: _________________________________________________________________________________________________. Injuries Year Collision with cables Fatal Serious Minor 1989 0 0 0 0 1990 0 0 0 0 1991 1 0 0 0 1992 4 0 3 3 1993 5 0 1 3 1994 2 0 1 0 1995 2 0 2 0 1996 3 0 2 1 1997 2 1 8 4 1998 2 0 0 2 Total 21 1 17 13 _________________________________________________________________________________________________.

Date

30 March 1999

Reference

78320; 328 c581W;328 c581-2W

House

House of Commons

Civil Aviation (Aerial Advertising) Regulations 1995

Civil Aviation (Aerial Advertising) Regulations (SI 1995/2943). Considered by Standing Committee. (Minutes of proceedings at UP 7 1995/96).

Type

Debates on delegated legislation; Delegated Legislation Committee proceedings

Date

19 December 1995

Reference

4th SC on DL

House

House of Commons

Librarians' tools

Type

House

Session

Year

Department

Member

Primary member

Answering member

Legislative stage

Legislation

Subject

Publisher