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and "surrender" as three separate
things, so the intention clearly is to
regard them as such. A "reasonable
time" is as long as it takes to reach
inside your navbag in an immediate
post- or pre-flight situation, or
within five days of the original
request, like for driving licences.
As the Civil Aviation Act only allows
provision by the ANO for access to
aerodromes and places where aircraft have
landed for the inspection of
documents, it’s arguable that
requests for production are invalid if
done at your home, for example. A
constable, of course, can go
anywhere within the limits settled by
the Act and the ANO. In practice,
anyone wanting to see your licences
will actually come and visit you if
you are willing to allow it, but you
may be entitled to payment for your
time, like any consultant, provided
you give advance notice that there
will be a charge.
Log Books
A logbook is your personal and
private property, not having been
issued to you under the ANO
(actually, a Tech Log occupies the
same position). Also, according to
the relevant Article, only two classes
of people are required to keep a
personal flying log book:
· Every member of the Flight Crew
of a UK registered aircraft.
· Regardless of registration, those
qualifying for licence purposes.
The Civil Aviation Act itself doesn't
mention Log Books, except to
mention fleetingly that an Air
Navigation Order is allowed to make
provision for things to be done to
"documents" other than licences,
which presumably includes them.
However, since the word "issue" is
mentioned in the same breath, and
log books aren't issued to you,
maybe it doesn't. In any case, filling
in logbooks is not within the
ordinary meaning of "air navigation".
Actually, the question of logbooks
can provide another useful
illustration of how interpretations of
the law can vary. The ANO says that
everyone required to keep one needs
to produce a personal flying logbook
if requested to do so within two
years of the last entry. Simple
enough, at first sight. But......
One of the defined classes of person
is "every member of the flight crew
of an aircraft registered in the UK".
The definition of "Flight Crew" (Art
129) includes:
“…those members of the crew of the
aircraft (emphasis mine) who
respectively undertake to act as pilot,
flight navigator, flight engineer and flight
radiotelephony operator of the aircraft.”
It could follow, therefore, that to be
flight crew (and therefore subject to
the requirement to produce a
logbook, or maybe anything else for
Legal Stuff 281
that matter) there must be an
undertaking at the moment of the
request for production to act as such
on a particular aircraft, but, even
leaving aside that point, once you've
finished flying and are off duty there
is no longer an undertaking to act as
flight crew, therefore there’s no
requirement to produce a logbook
when requested (in any case, there
doesn’t seem to be a requirement to
carry a log book in flight). In other
words, as you're only Flight Crew
between chocks away to chocks on
(or rotor start to rotor rundown)
that's when the requirement exists—
the request to produce should be
made between those times (note
that, in some countries, the timings
are between boarding an aircraft
with the intention of flight to when
the engines stop).
Looked at this way, the logbook
referred to could be merely a record
of undertakings to act as flight crew
of a particular aircraft which is
closed after each one and must be
produceable for two years. If so, a
copy of the Tech Log for each flight
will do, if it has your name and
address on it, as per the ANO.
It just goes to show how much care
must be taken both in setting up
laws and reading them—that's why
it's a specialised job to draft Acts of
Parliament.
In Canada, a log book is required
under CARs (401.08(1)), for those
who apply for or hold any flight
crew permit or rating, which also
sets out particulars of what’s
supposed to be in it. Its production
on request then flows from the
requirement to maintain one to
prove experience and recency.
Prohibited Airspace
This may only be created by the
ANO itself; the 1982 Act permits
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