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JSP 360

USE OF MILITARY

AIRFIELDS BY BRITISH

AND FOREIGN CIVIL

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Contents 1

TABLE OF CONTENTS

Paragraph 1.0 CHAPTER ONE POLICY Application 1.1

Treatment of Applications from Civil Users 1.5

Civil Flying at MOD Airfields in the UK 1.11

Constraints 1.12

Local Authority Planning Permission 1.13

Civil Flying at MOD Airfields Overseas 1.14

Where to Apply for Permission to use MOD Airfields Annex 1A 2.0 CHAPTER TWO

INSURANCE

Introduction 2.1

Civil User’s Insurance 2.2

MOD’s Insurance 2.6

Waivers 2.11

Income Generation (formerly Wider Markets) 2.12

Reporting Injuries or Damage 2.13

Point of Contact 2.14

Example of a Certificate of Aviation Insurance Annex 2A

3.0 CHAPTER THREE

GENERAL PROCEDURES

Introduction 3.1

Emergency Use – Forced Landings 3.2

Emergency Use – Diversion Airfield 3.6

Regular Use Applications 3.7

Short Term or Casual Use – Inland Flights by British Civil Aircraft :

- General 3.9

- Active Airfields 3.10

- Inactive Airfields 3.11

- Helicopter Landing Sites 3.12

- Redundant Airfields 3.13

Records to be Kept 3.14

Guidelines for Civil Use Application Procedure Annex 3A

Application Procedure Flow Chart 3A Fig. 1

Covering Letter for Civil Use Application Form Annex 3B

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4.0 CHAPTER FOUR

SPECIAL PROCEDURES

Introduction 4.1

Flights for Hire and Reward 4.2

Press, TV or Film Companies 4.3

Civil Air Displays 4.4

Open Day and At Home Days 4.7

Foreign Civil Aircraft 4.9

Overseas Flights by British Registered Aircraft :

- Customs Restrictions 4.12

- Exceptions 4.14

- Business User’s Concessions 4.16

- Unauthorised Landings 4.18 - Immigration Control 4.20 Prevention of Terrorism 4.21 Movement of Explosives 4.22 Contamination 4.23 Overseas Airfields 4.24 5.0 CHAPTER FIVE SECURITY Introduction 5.1

Civil Aircraft Carrying Fare Paying Passengers/Cargo Within the DfT

Category 5.4

Civil Aircraft Outside the DfT Category 5.5

Civil Aircraft Chartered to Support Military Operations 5.6

Private Civil Aircraft 5.9

Flying Clubs 5.10

Airfield Records of Civil Aircraft Movements 5.11

Entry To and Exit From the UK 5.12

Foreign Registered Civil Aircraft 5.13

Authorisation of Civil Aircraft Operators 5.14

Press, TV or Film Companies 5.15

Completion of HM Customs and Excise General Aviation Report Form 5.17

Civil Use of MOD Airfield Monthly Return Annex 5A

HM Customs and Excise General Aviation Report Form Annex 5B HM Customs and Excise General Aviation Report Form Guidance Annex 5C 6.0 CHAPTER SIX

GROUND FACILITIES

Introduction 6.1

Accommodation for Aircraft 6.2

Accommodation for Aircrew or Passengers 6.4

Refuelling 6.6

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Contents 3 7.0 CHAPTER SEVEN

FEES, CHARGES AND THE WIDER MARKETS INITIATIVE

Introduction 7.1

Landing and Navigation Charges 7.3

Income Generation (formerly the Wider Markets Initiative) 7.6

Value Added Tax 7.10

Reduced Charges 7.11

Parking and Housing Fees 7.14

Indemnity Administration Charges 7.15

Recovery of Charges from Civil Users 7.16

Recovery of Charges from Military Aircraft not Exempt from Charges 7.19

Abatement and Waiver of Charges 7.20

Air Ambulances 7.23

Charges for Aircraft Under Charter to the UN or Military Aircraft Provided

by Non UK Governments on the UN’s Behalf 7.28

Landing Fees Annex 7A

Reduced Charges Annex 7B

Additional Charges Annex 7C

Parking and Housing Fees Annex 7D

Recovery of Charges from Civil Users and Use of MOD Form 400 Annex 7E

Standing Waivers of Charges Annex 7F

Indemnity Administration Charges for Regular and Casual Users Annex 7G Application of VAT for Holders of an EU VAT Registration Number Annex 7H

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TABLE OF APPENDICES

APPENDIX ONE

(1) Certificate to be used when Aircraft Servicing and Repair

work is carried out in accordance with JSP 360 Chapter 6 A-1 (2) Certificate to be used in all other cases of Aircraft Servicing

and Repair A-1

APPENDIX TWO

Agreement for Deposit/Housing of an Aircraft at a MOD Station A-2 APPENDIX THREE

Operating Agreement – Conditions for the Civil (Flying) Use of MOD Airfields.

A-5 APPENDIX FOUR

List of Sensitive Countries A-7

APPENDIX FIVE

List of Contacts A-8

APPENDIX SIX

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CHAPTER ONE

POLICY

Application

1.1 These regulations govern the use by civil aircraft of any MOD airfield, whether under Army, RN, RAF or other MOD agency control except the following:

a. MOD airfields leased to outside bodies, e.g. contractors: use of these is covered by the conditions of the lease;

b. MOD airfields which have been passed to Defence Infrastructure Organisation (DIO - formerly Defence Estates) for disposal: the local DIO Estates Advisor is responsible for use of these.

c. MOD airfields occupied by US Visiting Forces. Apart from forced landings, civil flying is not normally allowed by US regulations, except that civil aircraft having official business at the airfield may land with prior approval of the US authorities.

d. MOD airfields overseas to the extent that separate instructions or procedures have been authorised by MOD or where, because of local circumstances, part of these regulations is clearly inappropriate; otherwise these regulations are applicable. See paragraph 1.14.

Military Aircraft

1.2 The regulations covering landing and other fees (Chapter 7) also apply to foreign military aircraft, including aircraft chartered by such foreign military forces, using MOD airfields at home or abroad, except where a waiver is authorised by Annex F to Chapter 7.

Availability To Civil Pilots

1.3 These regulations are issued for official use only but a summary of the main points is published in the UK Air Pilot, AGA Section, for the benefit of civil pilots and operators. The attention of civil pilots should also be drawn to the CAA SafetySense Leaflet 26 – ‘Visiting Military Aerodromes’ accessible on the CAA web site at http://www.caa.co.uk/docs/33/ga_srg_09webSSL26.pdf .

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1.4 Amendments to these regulations will be co-ordinated by Hd FPP, DRes, HQ Air Command, High Wycombe, HP14 4UE. Proposals for any change to the regulations should be forwarded there.

Treatment Of Applications From Civil Users

1.5 These guidelines should be used in conjunction with Annex A to this Chapter: 'Where to Apply for Permission to Use MOD Airfields'.

General Situation

1.6 Active MOD airfields in the UK and overseas are available for use by British civil aircraft by prior permission only. Permission to use these airfields is entirely at the discretion of the Station or Unit Commander to whom the applicant should be referred. 1.7 Applications for permission to use MOD inactive or reserve airfields should be referred to the appropriate Command HQ in the case of inactive airfields, and to the Station Commander of the parent unit in the case of reserve airfields.

1.8 Applications to use redundant airfields should be referred to DIO. 1.9 In the case of:

a. Applications by press, film or television companies other than routine unpublicised transit flights, approval in principle should be sought from Directorate Media & Communications (DMC) and/or Command Media staff.

b. Applications for regular or long term use, approval should be sought from Air DRes Civil Use, Finance Accounting, Rm 1W27, Spitfire Block, RAF High Wycombe, HP14 4UE.

c. Foreign civil aircraft, clearance to use MOD airfields is normally subject to particular administrative clearances by the Station concerned; see Chapter 4 Paragraphs 4.9 – 4.11. It is necessary to seek confirmation that the aircraft concerned is not registered in, or crewed by nationals from the list of sensitive countries, shown at Appendix 4.

d. Any request for clearance for aircraft belonging to the countries listed in Appendix 4 (including those registered in such countries under charter to British companies), travelling to or from these countries or which are in any way contentious, these must be referred to CAS-AS Sec and the Operations Directorate of IPP-Sec. These staffs must also be consulted if VVIPs/VIPs are being carried or if dangerous/hazardous cargo is involved.

1.10 Civil aircraft of foreign registration may be permitted to land at any MOD airfield when in distress or at a Military Emergency Diversion Airfield (MEDA) in an emergency or when diverted on the advice of the Air Traffic Control authorities (see Chapter 3, paragraphs 3.2 to 3.6).

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Civil Flying at MOD Airfields in the UK

1.11 It is MOD policy to encourage the civil use of defence facilities wherever possible, provided this is consistent with defence requirements, the interests of existing tenants and licensees, and does not unreasonably affect local amenities. MOD airfields in particular represent a valuable national asset, and the income from civil flying provides a useful contribution to the defence budget. The Wider Markets Initiative (now known as ‘Income Generation’) gave further encouragement to public bodies to earn commercial revenue. COs and Heads of Establishments are therefore to consider all requests for civil flying facilities sympathetically.

Constraints

1.12 Nevertheless flying requires certain essential technical facilities, is noisier and involves considerably more risk than most civilian activities on MOD land. Civilian flying is also more likely to conflict with the defence tasks for which MOD airfields are established. Where flights to or from places outside the United Kingdom are involved, customs, health and immigration requirements must be taken into account. For these reasons it is necessary to lay down special conditions and procedures governing civil flying at MOD airfields. Approval for civil flying may therefore be given only in accordance with MAA Regulatory Publications RA 2415, 3018, 3024, 3044 and the regulations which follow. Planning Permission

1.13 In some circumstances the consent of the local Planning Authority needs to be obtained through DIO. It is difficult to be prescriptive about what those circumstances are, but in general terms the need for planning permission will arise if:

a. The use of a military airfield by civil aircraft represents a change of use of the airfield to a level requiring planning consent. That will vary from authority to authority, since each will have its own view on what is an ‘acceptable’ level of civil use, and units and establishments are therefore to seek guidance from DIO.

b. It is proposed to allow rotary aircraft to operate at airfields where flying activity is generally restricted to fixed wing aircraft, and vice versa. Again, planning requirements will vary from authority to authority, and units and establishments are to seek guidance from DIO.

Civil Flying at MOD Airfields Overseas

1.14 In addition to the constraints described above, the use of MOD airfields overseas by civil aircraft must take into account the national law of the host nation and any special local circumstances. Separate instructions to take account of local factors may be produced by overseas Commands to supplement this JSP. However, the following regulations are to be observed overseas, as far as they are appropriate, except to the extent that separate instructions or procedures have been authorised. Specific MOD approval is required for civil flying at overseas airfields (see also Chapter 4, Paragraph 4.24).

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CHAPTER TWO

INSURANCE

Summary

This Chapter explains the insurance cover required of Civil Users of MOD

airfields, and also the insurance arrangements which MOD itself needs to make to protect the Crown against the additional risks posed by Civil Users.

Introduction

2.1 The civil use of MOD airfields exposes MOD and its personnel to risks of injury or damage to property as a result of the actions of Civil Users, and also to the risk that MOD might negligently cause injury or damage to property to the Users. The Department must ensure that it is protected against the consequences of these risks, as far as is possible financially, by insurance.

Civil Users’ Insurance

2.2 In order to ensure that Civil Users have adequate resources to pay claims for compensation they must hold an aviation liability insurance policy. In advance of permission to use the military airfield being granted, a copy of the insurance policy certificate must be requested, either by Air DRes Civil Use for Users applying for Regular User status, or by COs, Heads of Establishments or their representatives for Casual or Short Term Users. It must be checked to ensure that:

a. The Certificate is described as “a Certificate of Aviation Insurance”; b. The period of insurance is current throughout the period of use;

c. The aircraft serial number shown on the Certificate is that of the aircraft in question;

d. The sum Insured under the policy (i.e. any loss incurred by the Crown, including property damage or personal injury to MOD employees or third parties arising from the operation of civil aircraft) is not less than:

MTOM* of aircraft (Including gliders, balloons,

microlights and airships) (Metric Tonnes)

Sum insured not less than

(£)

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* MTOM = Maximum Take Off Mass (sometimes described as the Maximum Take Off Weight or MTOW)

2.3 No use of an MOD airfield is to be permitted unless proof of valid insurance has been received by either Air DRes Civil Use or the CO, Head of Establishment or their representative in advance of the flight taking place.

2.4 A sample insurance certificate proposed by the CAA for use by British insurance companies is shown at Annex A to this Chapter. Insurance certificates issued by foreign companies may use a different format. If there are doubts about the validity of an insurance certificate, advice must be sought from Air DRes Civil Use.

2.5 COs, Heads of Establishments or their representatives are to request Casual Users to present a copy of their insurance certificate before granting permission for landing or take-off. In respect of Regular Users, Air DRes Civil Use will already have addressed these issues during the application process; see Chapter 3.

MOD’s Insurance

2.6 MOD has purchased its own aviation insurance policy to provide compensation to any person to whom as a result of negligence it may cause injury or property damage as a result of permitting the User to take off or land at a MOD airfield. MOD is required to recover the cost of the policy premium from the Users. Consequently, Users must also pay a Civil User Indemnity Administration Charge, the amounts of which are detailed in Annex G to Chapter 7.

2.7 All Civil User Indemnity Administration Charges must be credited to UIN D3500B and RAC RLB 012 in order to recover the cost of MOD’s insurance policy. These receipts are not permitted to be retained at local level.

2.8 For short term or casual use, the Civil User Indemnity Administration Charge is to be collected by the CO, Head of Establishment or their representative of the MOD airfield at the same time as other civil use charges. The charge is to be collected for each aircraft movement. For the purposes of JSP 360, a landing plus a take off are counted as one movement.

2.9 For regular use, the Civil User Indemnity Administration Charge is collected by Air DRes Civil Use, who will issue a receipt. The User must present this to the MOD airfield CO, Head of Establishment or their representative at the time of each take off or landing as proof that the Charge has been paid. The regular use Civil User Indemnity Administration Charge is valid for unlimited use until the expiry period shown on the receipt of payment.

2.10 No use of MOD airfields is to be permitted unless the appropriate Civil User Indemnity Administration Charge has been paid by the User.

Waivers

2.11 Where landing fees are waived in accordance with the provisions of Annex F to Chapter 7 (or as otherwise approved under MOD finance rules by the holder of an

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be waived. However, where landing fees are reduced or increased under the provisions of Annexes B and C to Chapter 7 (or otherwise abated under MOD finance rules by the holder of an appropriate delegation), the Indemnity Administration Charge remains payable at the rates described in Annex G to Chapter 7.

Income Generation (formerly Wider Markets)

2.12 Payment of Civil User Indemnity Administration Charge by the User satisfies the requirement under Income Generation procedures for the insurance of the aviation risks arising out of the civil use of MOD airfields. No further insurance for the aviation risk is necessary, but Income Generation practitioners must ensure that insurance is arranged to cover all the other risks associated with the activity, e.g. Employer’s Liability, property, motor, medical indemnity, business interruption, etc.

Reporting injuries or damage

2.13 If any person is injured, or any damage is caused to MOD or a third party’s property as a result of civil flying activities, the circumstances must be reported immediately by the CO or Head of Establishment to the Directorate of Business Resilience, Common Law Claims & Policy (DBR CLC&P), Level 1, Zone I, MOD Main Building, London, SW1A 2HB with copies to the appropriate Command Headquarters and MOD department. Failure to report incidents promptly may jeopardise MOD’s position when making claims under its aviation policy.

Point of Contact

2.14 Enquiries about insurance requirements should be addressed to the Insurance and Indemnities Advisor, DBR CLC&P at the address given in paragraph 2.13 above, or telephone 020 7218 8211 (GTN 9621 88211) fax 020 7218 6481 (GTN 9621 86481).

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CHAPTER THREE

GENERAL PROCEDURES

Summary

General procedures cover emergency use as well as regular and casual civil use at both active and inactive MOD airfields.

Introduction

3.1 These are the general procedures to be followed by all MOD airfields

for civil use. Guidance for circumstances not covered in this section will be found under Special Procedures, which are detailed in Chapter 4. Attention is also drawn to the guidelines at Annex A to this Chapter.

Emergency Use - Forced Landings

3.2 Any Civil aircraft in distress may make a forced landing on any MOD

airfield at any time. Action to be taken for a civil aircraft making a forced landing, as detailed in Paragraph 3.4 below, which is registered outside the United Kingdom, will be found in Chapter 4, Paragraph 4.9. See also Paragraph 4.20 regarding ‘Prevention of Terrorism’, and Chapter 7 concerning landing charges.

3.3. When General Aviation aircraft of up to 3 tonnes, not being flown for hire, make genuine Emergency Landings within normal operating hours they may do so free of charge. Parking fees may also be waived for a period of up to 3 days depending on the circumstances. It is at the Station or Unit Commander’s discretion as to what constitutes an emergency, but it may include mechanical failure, pilot illness or low fuel etc.

3.4 Station Operations and Air Traffic Control staff are to afford all

reasonable assistance to civil aircraft landing in distress, or in the event of an accident. Service medical officers, if present, are to be made available without charge for first aid in the case of personal injury, but when a civilian medical practitioner (employed by MOD under contract) is in medical charge of a station, the question of fees will be a matter of adjustment between the practitioner and those members of the public requiring his services, unless the treatment is provided under the National Health Service.

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3.5 When a civil aircraft has been forced to land at a MOD airfield, and it is desired to embark passengers or freight at that airfield for the purpose of initiating a flight, the airfield may be used for that purpose at the discretion of the CO or Head of Establishment.

Emergency Use - Diversion Airfield

3.6 RAF Brize Norton is the only MOD airfield designated as a Military

Emergency Diversion Aerodrome (MEDA) This MEDA may be used by any civil aircraft when the destination airfield, as indicated in the flight plan, is unusable because of adverse conditions.

Regular Use Applications

3.7 Applications for regular or long term use of MOD airfields for civil flying

(i.e. on 12 or more occasions in a 12 month period), and requests from civil flying clubs (including gliding, parasailing or ballooning clubs) to be based at, or to extend their period of occupation of MOD airfields are, if acceptable to the CO or Head of Establishment, to be referred for prior registration to Air DRes Civil Use (contact details at Appendix 5). Air DRes Civil Use will staff the application for insurance and security checks. If however the application is not acceptable to the CO or Head of Establishment, it may be rejected immediately without reference to Air DRes Civil Use.

3.8 Applicants will be required to complete an application form 'Clearance

for Civil Aviation to Use MOD Airfields', found at Annex C to this Chapter. The form, which is to be sent out with a covering letter using the template at Annex B, is also available from Air DRes Civil Use. When MOD approval is given it will be subject to the normal conditions for civil flying described below unless otherwise stated.

Short Term or Casual Use Applications

- Inland Flights by British Aircraft

General

3.9 For short term or casual use (i.e. on less than 12 occasions in a 12

month period), British civil aircraft on inland flights (i.e. flights wholly within Great Britain, Northern Ireland and the Isle of Man) may be permitted to use MOD airfields by prior permission of the CO or Head of Establishment subject to the conditions set out below. Before granting permission the CO or Head of Establishment should check the aircraft operator’s insurance in accordance with Chapter 2. A list of the aircraft’s passengers should be obtained, and if there is any doubt about the desirability of allowing them to use the MOD airfield, the matter should be referred to the appropriate Principal Security Advisor (PSyA). In every case the CO or Head of

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necessary at very short notice. All civilian aircraft are to be met by Unit personnel (preferably Military or MOD Police), crew/passenger identities established and crew/passengers escorted (if necessary) off the Unit. Likewise, certain civil aircraft movements into MOD airfields have to be approved by the local Civilian Police Authority (Special Branch) in accordance with Customs and Excise Management Act 1979, the Immigration Act 1971 and the Terrorism Act 2000. In respect of the latter, see also Chapter 4, Paragraphs 4.20 and 4.21. Any difficult or doubtful cases are to be referred to Air DRes Civil Use.

Active Airfields

3.10 Airfields or establishments in regular use by MOD aircraft (including civil aircraft operated by the MOD) are to be regarded as active airfields. COs and Heads of Establishments are encouraged to allow British civil aircraft on inland flights to use these airfields on a casual or short term basis wherever possible and irrespective of whether a civil airport is available in the area. Without prior approval from MOD, however, such flights are only to be permitted:

a. within the normal working hours of the airfield. Facilities for

privately owned or club aircraft should normally be restricted to the hours of daylight. Where MOD approval is given for civil flying outside normal working hours of the airfield this will, generally, be subject to the approval of the local authority and local police except when the flight is of a humanitarian nature. COs and Heads of Establishments are to consult these bodies and if objections are raised which cannot be overcome, permission is to be refused;

b. provided they do not interfere with defence requirements or

unreasonably affect local amenities, mainly for environmental reasons;

c. if Air Traffic Control (ATC) and safety services appropriate to

the type of aircraft are available. The CO or Head of Establishment is to ensure that appropriate ATC and safety services are in readiness whenever flying takes place and also that safety services are available when aircraft are moved or serviced;

d. provided that MOD will not be involved in any increased

expenditure in terms of money or manpower, save for those flights taking place outside normal operating hours which attract a surcharge as detailed in Annex C to Chapter 7;

e. if the user agrees to pay landing, liability, administrative and

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together with the full cost of any other services provided. Inactive Airfields

3.11 Airfields which are not in regular use by MOD aircraft are to be regarded as inactive airfields.

a Casual or short term use of these airfields is not to be

encouraged but may be permitted in accordance with the conditions set out in Paragraphs 3.10.b to 3.10.e and also provided that such use can be allowed without detriment to the interests of existing MOD tenants or licensees. Such use shall be particularly discouraged if there is a suitable civil or active MOD airfield within 25 miles. If ATC and safety services are not manned for MOD flying these may, with the agreement of the CO or Head of Establishment, be provided by the Civil User. Powered aircraft and motor gliders used by air cadet gliding units and Service gliding and soaring associations may, however, operate without ATC with limited safety services subject to the conditions laid down in MAA Regulatory Publication RA 2340. Facilities for privately owned or club aircraft should normally be restricted to the hours of daylight.

b. Applicants to use inactive airfields are required to give a

minimum of three weeks’ notice with details of the proposed flights. The appropriate Command HQ PSyA should be consulted regarding the use of an inactive airfield. In addition the local authority and local police are to be consulted and, if objections are raised which cannot be overcome, permission is to be refused.

c. The following casual inland flights by British civil aircraft should

not, however, be discouraged from using inactive airfields within 25 miles of a civil or active MOD airfield, and the conditions in Sub-paragraph 3.11.b need not be applied:

i. flights of a humanitarian nature, e.g. the handling of

urgent medical supplies or ambulance services;

ii. crop spraying or seed dusting flights;

iii. flights by personnel of the regular Armed Forces or of the

Auxiliary and Reserve forces not being used for the carriage of passengers or goods for hire or reward.

Helicopter Landing Sites

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controlling authorities may, at their discretion, grant permission to such requests. Without prior MOD approval, civil flights are to be permitted only in accordance with the conditions set out in Sub-paragraphs 3.10.a to 3.10.e. Redundant Airfields

3.13 If an airfield has been passed to Defence Infrastructure Organisation (DIO) for disposal, all applications for civil flying are to be referred to the local DIO Estates Advisor, who is responsible for taking all necessary decisions and action.

Records to be Kept

3.14 At MOD airfields and establishments a detailed record of all civil aircraft landings is to be maintained in accordance with Chapter 5 Paragraph 5.11 by the Unit or Establishment showing:

a. name of pilot and owner including passenger details. In the

case of foreign nationals, passport details are required by Force Intelligence Bureau (FIB), CI Squadron, No.1 (S) Police Wing, RAF Henlow. Local Police authorities also require passport details in respect of flights from overseas and the Common Travel Area (CTA – see Chapter 4 Paragraph 4.19);

b. type, nationality and registration marks or particulars of aircraft;

c. date and time of arrival and previous stopping place;

d. services rendered, stores supplied and amounts charged;

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CHAPTER FOUR

SPECIAL PROCEDURES

Summary

This Chapter covers matters such as one-off events, foreign aircraft, overseas flights and prevention of terrorism.

Introduction

4.1 This section contains the procedures to be followed at MOD airfields for circumstances that are not covered by ‘General Procedures’ in Chapter 3. They are designed to cover non typical eventualities which can reasonably be expected to occur occasionally at MOD airfields.

Flights for Hire and Reward

4.2 In addition to the general procedures laid down in Chapter 3, applicants requesting permission to use any MOD airfield in the UK for flights for hire or reward by British registered aircraft are to be referred to the Civil Aviation Authority (CAA), Consumer Protection Group, CAA House, 45-59 Kingsway, London WC2B 6TE (tel. 020 7453 6424, email advice@caa.co.uk

) to obtain an air transport operator’s licence. Air Safety Support International (ASSI) provides this service for overseas units. This licence is to be inspected by the CO or Head of Establishment before final approval is given. See also Paragraphs 4.9 to 4.11 below in respect of foreign registered aircraft.

Press, TV or Film Companies

4.3 In addition to the general procedures laid down in Chapter 3, any applications from the press or from TV or film companies for permission to use MOD airfields for flights, other than routine unpublicised transit flights, are to be referred to the appropriate service arm of Directorate Media & Communications (DMC) and/or Command Media staff.

Civil Air Displays

4.4 As a condition of approval, applications to hold civil air displays or similar events on MOD airfields must have the support of a responsible

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topic. Also the CAA regulates civil display activities through Article 70 of the Air Navigation Order. Useful guidance to organisers of events is given in Civil Air Publication (CAP) 403 'Flying Displays and Special Events - A Guide to Safety and Administrative Arrangements'. The Defence Infrastructure Organisation (DIO) is to be informed of any application for civil air displays on MOD airfields at least three months in advance of the event and is to be consulted by the CO or Head of Establishment before an application is approved.

4.5 The organiser of a proposed display is required to send a completed acceptable licence and insurance policy to DIO at least four weeks before the event and to inform the police, local authorities and the appropriate office of the CAA. In addition to meeting the conditions for casual flying use set out in Chapter 3, the organiser must agree to provide all necessary services, including ATC and safety services, to leave the airfield tidy and to comply with any other conditions laid down by the CO or Head of Establishment. 4.6 The organiser must also agree to pay the charges for air displays as set out under ‘Civil Air Displays’ in Annex A to Chapter 7 and to submit an audited statement of accounts for the event. Applicants are not encouraged to seek MOD participation in air displays, but if it is requested the application is to be sent to MOD as follows:

RN Fleet (AV), OC JSATO, RNAS Yeovilton. Army (including JHC) DAAvn, Middle Wallop

RAF RAF Events Team, RAF Northolt

Open Days and At Home Days

Pleasure Flights

4.7 Arrangements may be made by COs and Heads of Establishments for a civil air operator to give pleasure flights to members of the public on Open Days or At Home Days. Appropriate insurance must be held by the operator as described in Chapter 2. The pilot of the aircraft must hold a current commercial pilot’s licence and an air transport operator’s licence (see Paragraph 4.2).

Air Displays

4.8 Arrangements may also be made for civil air operators to participate in flying displays held on Open or At Home Days.

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4.9 MOD policy is that foreign civil aircraft, i.e. not of British registration, are not generally permitted to land at MOD airfields in the UK except in the circumstances set out in Chapter 3 paragraphs 3.2 to 3.6 (Emergency and Forced Landings). However it should be noted that chartering contracts do include many UK companies which use foreign registered aircraft, and likewise there are a number of foreign companies who use British registered aircraft.

4.10 COs and Heads of Establishments may at their discretion permit foreign civil aircraft to use MOD airfields in accordance with the normal conditions for civil use by British registered aircraft, including insurance and indemnity conditions but they must also refer to paragraph 5.13 of this

publication.

4.11 Where the flight is for hire or reward, prior approval must be obtained from the Department for Transport (DfT), International Aviation & Safety Directorate, Great Minister House, 76 Marsham Street, London SW1P 4DR (Tel: 0207 944 5847 or fax: 0207 944 2194), and not the CAA as specified for British aircraft in paragraph 4.2. However, the DfT does not require airlines licensed by European Economic Area (EEA) countries (i.e. EU Member States plus Iceland, Liechtenstein and Norway) to seek their permission for flights, which the Department may permit without DfT approval if they are in accordance with EC Regulation 2408/92. When the flight is to or from a place outside the United Kingdom, the requirements of Paragraphs 4.12 to 4.15 are to be observed.

Overseas Flights by British Registered Aircraft

HM Revenue & Customs Restrictions

4.12 Unless prior permission has been given by HM Revenue & Customs (HMRC), a civil aircraft may not depart on a flight from the UK to a place outside the UK except from a HMRC designated airport (see paragraph 4.13). Similarly, a civil aircraft arriving from a place outside the UK or still carrying passengers or goods brought in from abroad which have not been cleared by HMRC may not normally land at any place other than a HMRC designated airport. See also the restrictions contained in paragraph 4.20 relating to immigration control.

4.13 No MOD airfields in the UK are HMRC designated. MOD airfields are not available for general use by civil aircraft arriving from or departing for places outside the UK, except for landings under the conditions of Chapter 3 (paragraphs 3.2 to 3.6 – Emergency and Forced Landings) and paragraph 4.11. However, civilian aircraft operating under contract to the MOD and MOD Agency regulated aircraft manned by civilian crews may use, for flights to and from places outside the UK, those MOD airfields which have been designated as authorised airfields for such flights by military aircraft.

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Exceptions

4.14 HM Customs may, exceptionally, agree to certain special overseas flights at MOD airfields and application is to be made through the local office of HMRC to the Collector of Customs and Excise. The following are examples of the types of flight which, subject to HMRC staff being available and the provision of adequate physical accommodation for the exercise of statutory controls, would normally justify clearance at a non-HMRC airport:

a. Special flights whose clearance is in the national interest and where clearance at an appropriate HMRC airport would entail considerable deviation, with unreasonable waste of time and fuel;

b. Record breaking flights for national prestige purposes;

c. Flights with exceptional cargo, e.g. ambulances, equipment or supplies urgently required for sick persons, or delicate equipment;

d. Flights with special passengers, e.g. VIPs, or sick persons for whom a long road journey or an additional call at a HMRC airport would involve undue strain.

4.15 COs and Heads of Establishments may authorise the use of airfields for flights to and from places outside the UK subject to the normal conditions for inland flights and provided the prior approval of HMRC is granted. The Captain of an aircraft arriving in the UK who has been authorised to land at a MOD airfield is required to report its arrival to an officer of HMRC. Similarly, before an aircraft departs from a MOD airfield on an authorised flight to a place outside the UK, the captain of the aircraft is required to obtain clearance from an officer of HMRC.

Business User’s Concessions

4.16 HMRC is prepared, in certain circumstances, to grant a business user’s concession which enables British registered aircraft carrying UK businessmen and women on foreign flights for bona fide business purposes concerned with the promotion overseas of British manufacturers or services to use a non-HMRC airport. This entails the CO or Head of Establishment accepting certain responsibilities which are laid down by HMRC.

4.17 When a civil operator requests facilities of this kind and the flights concerned can be accepted within the normal rules for civil use, COs or Heads of Establishments are to arrange with HMRC for a business user’s concession to be granted, provided this will not involve MOD in any increased expenditure in terms of money or other resource. The granting of a business user’s concession does not guarantee any rights for civil operators to use the airfield concerned, and prior permission of the CO or Head of

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Establishment is still required, and evidence of adequate insurance provision must be provided by the operator.

Unauthorised Landings

4.18 The CO or Head of Establishment is to report immediately to the local HMRC office particulars of any civil aircraft arriving from abroad which lands at a MOD airfield without having first landed at a HMRC airport or obtained prior authorisation. Civil aircraft in distress, however, may make a forced landing on any MOD airfield at any time. The instructions of the officer of HMRC are to be complied with. No goods are to be unloaded from the aircraft, nor may any of the crew or passengers leave the airfield without the HMRC officer’s consent. In the event of a medical emergency where rapid evacuation from the airfield is necessary, full details of the patient should be supplied to a HMRC officer.

4.19 If the unauthorised landing is a forced landing, the procedure in Sub-paragraph 4.18 is to be followed if practical, but clearly this is not always possible given the notice and nature of forced landings. Goods may be removed from the aircraft, and crew and passengers may depart from the vicinity of the aircraft if this is necessary for reasons of health, safety or the preservation of life or property.

Immigration Control

4.20 For immigration purposes, the United Kingdom, the Channel Islands, the Isle of Man and the Irish Republic collectively form the Common Travel Area (CTA). Persons arriving in the UK directly from, or departing from the UK directly to a place outside the CTA are subject to certain requirements of the Immigration Act 1971, and must be examined by an Immigration Officer who, at MOD airfields, will normally be an officer of HMRC.

Prevention of Terrorism

4.21 Under Section 53 and Schedule 7, paragraph 12 of the Terrorism Act 2000, the captain of an aircraft coming to Great Britain from the Republic of Ireland, Northern Ireland, the Channel Islands or the Isle of Man (the Islands) or going from Great Britain to any of those places is not permitted to call at or leave an airport in Great Britain, other than a designated airport, without prior approval from the local police. There is no MOD airfield so designated under the terms of the Act. If an aircraft on a flight between Northern Ireland, the Republic of Ireland or the Islands and Great Britain should land at a MOD airfield without prior approval, the crew and passengers are to remain on the aircraft, and the local police are to be informed immediately.

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4.22 The Dangerous Goods Section of the Civil Aviation Authority (CAA) is responsible for controlling the carriage of dangerous goods and munitions of war on board civil aircraft in the UK. COs and Heads of Establishments are to consider sympathetically requests from the Dangerous Goods Section for civil aircraft to use military airfields for the transport of such goods, provided adequate arrangements for safety can be made and the normal conditions for civil use are met. It will be the responsibility of the CAA to arrange for HMRC approval.

Contamination

4.23 If a civilian aircraft lands at or operates from a MOD airfield with a malfunction which may lead to the contamination of MOD land, then the owner(s) of that aircraft will be held liable for the remediation costs of the contamination together with any associated costs. Details should be sent without delay to Directorate of Business Resilience, Common Law Claims & Policy, Level 1, Zone I, MOD Main Building, London, SW1A 2HB.

Overseas Airfields

4.24 Except to the extent that separate instructions or procedures have been authorised by MOD, the use of MOD airfields overseas by civil aircraft may be permitted only in accordance with the national law of the host nation and the normal regulations for civil flying laid down in this JSP, as far as they are appropriate, subject in addition to the following conditions:

a. British registered civil aircraft may land, provided MOD approval has been obtained by the Civil Aviation Authority and provided no suitable civil or joint user airfield is available;

b. Foreign registered aircraft may land, subject to MOD approval and the approval of the Governor or other local authority, and provided no suitable civil or joint user airfield is available.

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CHAPTER FIVE SECURITY

References:

A. JSP 440 – Defence Manual of Security – Issue 4.

B. National Aviation Security Programme Single Consolidated Direction C. Aviation Security Act 1982

D. AP 1990 Ed 5 - Manual of Security

Summary

This Chapter outlines the minimum security precautions that are to be followed by all MOD Establishments who are involved, either routinely, or infrequently with the processing of civil aircraft, including aircrew and passengers.

Introduction

5.1 Part 2 of the Aviation Security Act 1982 (ASA 82) empowers the Secretary of State to give legal direction to operators of UK registered aircraft and managers of aerodromes in the UK. This act forms the legal basis for the Department for Transport’s (DfT) National Aviation Security Programme (NASP) Single Consolidated Direction.

5.2 Reference B details the legal requirements and recommendations that constitute the Government standards and recommended practises which are considered necessary to safeguard civil aviation, within the UK and overseas, against acts of unlawful interference1. It defines the levels of infrastructure and equipment requirements and specifies the minimum training requirements for those operating within an aerodrome Restricted Zone2. It also provides the DfT aircraft category definition to be applied by aerodrome managers when deciding on the appropriate levels of security and processing that must be applied. However, when military airfields are used by civil aircraft3 (which are operating

primarily for a civilian purpose) and carrying fare paying passengers or cargo, the aircrew, passengers and cargo must be processed within the constraints of the NASP Single Consolidated Direction. UK NASP does not apply to helicopter or balloon landings and movements.

1Unlawful Interference may include acts of terrorism, hijacking, sabotage and criminal activity.

These threats can be directed against aircraft, aircrew, passengers, cargo or airfield facilities.

2 Restricted Zone (RZ) means the whole or any part of an aerodrome designated by the

Secretary of State for Transport as a RZ under Section 11A of the Aviation Sy Act 1982 as amended by the Aviation and Maritime Security Act.

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5 - 2

5.3 It is the responsibility of COs and Heads of Establishments, with the assistance of their Sy staffs, to ensure that all necessary precautions are taken to prevent civilian occupants of civil or chartered aircraft gaining unauthorised use of their Unit’s facilities. This includes the landing of helicopters and balloons, to which NASP does not apply. To ensure that appropriate procedures are in place, Establishment Security Officers (ESyOs) are to initiate local procedures with Ops/ATC, to ensure that they are notified of all civil aircraft movements and that adequate arrangements are made for the identification and control of civil aircraft, crew members and passengers, on arrival or departure.

Civil

Aircraft

Carrying

Civilian

Fare

Paying

Passengers/Cargo Within the DfT Category

5.4 As previously stated, if the civil aircraft falls within the DfT definition (aircraft with a MTOW of at least 10 tonnes4) then the receiving airfield must

apply all the measures outlined within the NASP Single Consolidated Direction. This includes meeting the defined levels of infrastructure and equipment requirements and also the minimum training requirements for those personnel operating within the designated Restricted Zone. Each military Unit wishing to process civil aircraft carrying civil passengers (as above category) must also be accredited by the DfT to ensure conformity with the NASP. If Units are in any doubt as to whether they are required to meet the DfT standards outlined in the NASP Single Consolidated Direction, they should contact SO2 FP Avn Sy (95221-6315) or SO3 FP Phy Sy (95221-5771) at HQ Air Cmd.

Civil Aircraft Outside the DfT Category

5.5 Although there is currently no legal requirement for civil aircraft that fall outside of the current DfT required level to be processed in accordance with the NASP Single Consolidated Direction, there is obviously a need for a suitable level of security to be applied to the aircraft, its crew and its passengers. The responsibility for processing passengers and baggage onto such aircraft rests with the aircraft captain. However, units are to ensure that security procedures are in place to admit passengers and crew to the airfield in accordance with Reference A.

Civil Aircraft Chartered to Support Military Operations

5.6 The ASA 82 is not applicable to military aircraft (including aircraft chartered for military use)5and therefore the provisions of the NASP Single

4

The DfT definition of qualifying aircraft may be subject to change.

5A direction shall not have effect in relation to any aircraft used in military, customs or police

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(provided that they do not deal with civil aircraft). However, military aircraft may be subject to NASP security procedures when operating from within the Restricted Zone of a civil airport.

5.7 When contracting civil aircraft military agencies are to ensure that:

a. The aircraft operator is aware that the ASA 82 is not applicable to aircraft in military service and therefore the security measures may differ from those detailed in the DfT’s NASP.

b. The aircraft operator does not appear on the list of airlines not sanctioned by the DfT and therefore the UK Govt.

c. The measures described in References A and D are applied and complied with.

5.8 ESyOs are to ensure that when allowing aircrew of the chartered aircraft on to the Unit:

a. Escorting measures for all visitors in line with those detailed in References A and D are applied.

b. When airside, full security screening measures of all personnel are applied.

Private Civil Aircraft

5.9 ESyOs must ensure that procedures are in place to obtain the approval of the Unit/Establishment Cdr to allow civilians to utilise their private aircraft at that Unit. It is the responsibility of Unit/Establishment Cdrs to ensure that their respective Risk Management chains are aware of any approvals that are given. All civilians wishing to utilise military airfields for use with their private aircraft must have undergone a BPSS in accordance with References A and D. If the individual has applied to use other Airfields then the Sy staffs at the relevant Units should be contacted to assess who is best placed to initiate the vetting process. All vetting enquiries relating to the use of military airfields by civilians must be directed to SO2 FP Pers Sy (95221-7726) at HQ Air Cmd.

Flying Clubs

5.10 All civilians utilising flying clubs on military units must undergo BPSS clearance, which should be processed as above and in accordance with

6

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5 - 4

References A and D. All vetting enquiries relating to the use of mil airfields by civilians must be directed to SO2 FP Pers Sy (95221-7726) at HQ Air Cmd.

Airfield Records of Civil Aircraft Movements

5.11 It is important that appropriate records of all civil aircraft movements, when using military airfields, are maintained. Therefore, all Units who deal with visiting civil aircraft are to complete the forms at Annex A. The completed Annex A form is to be returned monthly to the Force Intelligence Bureau (FIB), CI Sqn, No 1(S)PW RAF Henlow. Units are to keep the original forms for a period of 3 years for audit purposes. Details of aircrew and passengers are to be included for all flights, including emergency diversions. ESyOs are to ensure that the appropriate Sy procedures are adopted, in accordance with References A and D to ensure that all uncleared passengers and crew are appropriately escorted whilst on the Unit.

Entry To and Exit From the UK

5.12 Civil aircraft should not use military airfields for first entry or exit from mainland UK, other than as agreed with HMRC and the UK Border Agency (UKBA). In the event that a civil aircraft does plan to make such an entry or exit, HMRC and UKBA are to be informed immediately prior to the aircraft arriving.

Foreign Registered Civil Aircraft

5.13 Clearance for foreign registered civil aircraft to use MOD airfields is generally subject to the same procedures as above, however, it will be necessary to seek positive confirmation that the aircraft concerned are not registered in, or crewed by, nationals from the list of sensitive countries, as listed in Appendix 4 or Countries to which Special Security Regulations Apply (CSSRA) as listed in Reference A. Any request for clearance for aircraft belonging to the countries listed (including those registered in such countries under charter to British companies), travelling to or from these countries or which are in any way contentious must be referred to HQ Air Cmd FP Sy staff at the earliest opportunity. HQ Air Cmd FP Sy staff must also be consulted if foreign VVIP/VIPs are being carried or if dangerous or hazardous cargo is being carried.

Authorisation Of Civil Aircraft Operators

5.14 Civil aircraft operators may apply to use MOD airfields on a regular basis. Screening of civil aircraft operators will be conducted through FIB at No 3 PW, in accordance with the guidelines outlined in Reference A.

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Press, TV or Film Companies

5.15 Any applications by press, television or film companies for permission to use MOD airfields for flights, other than routine unpublicised transit flights, are to be directed through the appropriate service arm of Directorate Media & Communications (DMC) and/or Command Media staff.

5.16 HQ Air Cmd FP Sy Staff are available to provide advice on all aspects of Civil Use of RAF Airfields: NASP, ATSy & Phys Sy issues should be directed to SO2 Avn Sy on 95221 Exts 6315.

Completion of HM Revenue & Customs General Aviation

Report Form

5.17 Units must ensure that the HMRC General Aviation Report (GAR) is completed and submitted in accordance with the instructions for completion. The form and instructions for completion and submission are included at Annexes B and C. Timely submission of this form is mandated by law7 and is the means by which Units notify HMRC, UKBA and UK Police Forces of civil aviation movements.

7

Sec. 35 Customs & Excise Management Act 1979, Sec 27 of Schedule 2 –Immigration Act 1971, Schedule 7 of the Terrorism Act 2000

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CHAPTER SIX

GROUND FACILITIES

Summary

The Ground Facilities section states MOD’s policy in respect of the provision of facilities for aircraft, crew and passengers. It also defines areas of responsibility for COs and Heads of Establishments.

Introduction

6.1 It is the responsibility of COs and Heads of Establishments to ensure that defence requirements are met before optional facilities are provided for civilian aircraft, crew and passengers. These are the procedures to be followed by all MOD airfields when providing ground facilities for civil users.

Accommodation for Aircraft

6.2 The dispersal area for visiting civil aircraft will be decided by the CO or Head of Establishment. Hangar accommodation will be provided only if it is available after all defence requirements have been met, and if it is provided it will be used entirely at the risk of the owner of the aircraft.

6.3 The form of agreement shown in Appendix 2 is to be completed, and the charges to be made are detailed in Annex D to Chapter 7. Applications for hangar accommodation for periods exceeding two months are to be referred to Defence Infrastructure Organisation (DIO) who will advise on licensing and charging.

Accommodation for Aircrew or Passengers

6.4 COs and Heads of Establishments are not to accept responsibility for the provision of accommodation or messing or for the provision of facilities such as telephones or car parking for the crew or passengers of civil aircraft. Such facilities may be provided at the discretion of COs or Heads of Establishments in an emergency or where special arrangements have been made by MOD. Foreign currency is not to be exchanged without the specific authority of Defence Finance Management Accounting & Banking Services -

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Tel. 01225 882888). Appropriate charges are to be recovered for any services rendered.

6.5 COs and Heads of Establishments may authorise the captain of a civil aircraft which has made a forced landing at a MOD airfield to use an official telephone when making his initial report to, or obtaining instructions from, his company, etc. The switchboard operator is to be instructed to route all such calls through British Telecom public network to obtain ‘advised duration and charge’, and recovery of charges is to be arranged through normal channels.

Refuelling

6.6 MOD is not responsible for refuelling civil aircraft, but COs or Heads of Establishments may at their discretion approve the issue of aviation fuels, oils and lubricants and raise charges accordingly (see also Paragraph 7.25 in respect of air ambulances). Issues must take account of:

a. the adequacy of stocks to meet defence requirements and the availability of commercial supplies;

b. the circumstances of the landing (e.g. emergency);

c. the purpose of the flight (e.g. air trooping contracts, regular airline schedules, VIP aircraft, etc.).

6.7 MOD fuel supplies are only to be issued to civil aircraft in accordance with the provisions of JSP 886 Volume 6 Part 2 Chapter 5.

6.8 COs or Heads of Establishments may permit civil pilots to have their aircraft refuelled by civil oil companies. Agents of oil companies will be required to give an indemnity against damage or loss which may arise from the presence of their equipment and to furnish satisfactory evidence that they are able to meet their liabilities under this indemnity. A Form of Indemnity may be obtained from DBR CLC&P (see Appendix 5). The company’s equipment and representatives are to be subject to the standard ATC regulations for the control of vehicular traffic on the manoeuvring area of the airfield. No permanent positioning of civil refuelling equipment or personnel may be permitted without prior approval from the DIO.

Aircraft Servicing and Repair

6.9 CAA regulations require that only those engineers holding an engineering licence for the specific civilian aircraft involved are permitted to carry out repairs. Very few Service personnel hold such CAA licences and are therefore not permitted to carry out any servicing, however minor, except

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not to accept responsibility for servicing, loading or handling civil aircraft except:

a. as specially provided for in the terms of a charter, where MOD has chartered a civil aircraft;

b. that at their discretion when an aircraft has made a forced landing, or in an emergency, and provided no other arrangements can be made and the requirements of the Services permit, such minor maintenance as is necessary to enable an aircraft to proceed on its journey may be carried out by MOD personnel;

c. for certain civil aircraft which are authorised to obtain such maintenance services as stations are able to provide. On each occasion the pilot of the aircraft will be required to produce a letter of authority from the CAA;

d. that provided the renewal or revalidation of certificates of

airworthiness is not involved and the normal work of units is unaffected, COs or Heads of Establishments may give approval (which must be in writing) to allow facilities for a member of the Armed Forces or the Auxiliary or Reserve Forces to repair his aircraft using the services of MOD personnel, workshops and materials at a charge reflecting the full resource cost of doing so. Work, whether in or outside official time, is to be performed under the supervision of the appropriate specialist officer. Material issued and replacements made are to conform to the approved design and method of construction appropriate to the particular type of aircraft. Such repairs may involve renewal or revalidation of certificates of air worthiness, but they may not to be undertaken without prior approval from MOD, who will in turn consult the CAA Air Worthiness Division.

6.10 No other repair or replacement work on civil aircraft is to be undertaken without prior MOD approval. If major repairs or complete dismantlement are necessary, the owner of the aircraft should normally be required to remove the aircraft. However, if no other arrangements can be made and defence requirements permit, the MOD may, after consultation with the CAA Air Worthiness Division, authorise aircraft to be repaired by MOD personnel or, exceptionally, permit MOD workshops to be used by civilian firms, subject to the arrangement of suitable terms and conditions, including appropriate indemnity provision to protect the Department’s interests.

6.11 When repair or other work is carried out in accordance with these regulations, issues of MOD equipment are to be on pre-payment terms, and the services of MOD personnel are to be charged on repayment terms. Claims are to be passed to the captain of the aircraft for payment before

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departure, except where arrangements to the contrary have been agreed by MOD, in which case invoices are to be dispatched within 48 hours.

6.12 Before any work is carried out, the requisition for repair and the prescribed form of agreement for custody of the aircraft are to be signed by the captain of the aircraft. This is to show clearly that repairs will be chargeable to the owners. A careful record is to be kept showing full details of the work performed, materials used and the number of man-hours each serviceman or woman is employed on the task.

6.13 Details of the work performed are to be entered in the airframe or aero-engine log book, and supported by a certificate in one of the forms shown in Appendix 1, as appropriate, signed by the Senior Engineering Officer of the station.

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CHAPTER SEVEN

FEES, CHARGES AND

INCOME GENERATION

Summary

This Chapter deals with the charges that MOD makes for various services provided to civil aircraft at MOD airfields, the circumstances in which services may be provided free of charge or at a reduced rate and the circumstances where additional charges should be made. It also covers arrangements under ‘Income Generation’ (formerly Wider Markets ).

Introduction

7.1 For the purposes of charging, a MOD airfield is defined as an area

prepared for the accommodation (including any buildings, installations and equipment), landing and take off of aircraft. Every aircraft, other than MOD aircraft, must pay for the services provided at a MOD airfield, unless there is provision in this JSP for a waiver or reduction of the charges.

7.2 MOD airfields may offer a variety of services to civil aircraft including navigation services, housing and parking. Charges must be levied for all of these services except where the circumstances fall within the standing waivers set out at Annex F to this chapter, or a discretionary waiver has been authorised by the holder of an appropriate financial delegation. Standing reductions to the usual charges are set out at Annex B to this chapter. Any abatement of charges beyond these standing reductions must be approved by the TLB Holder or by someone to whom they have delegated the authority. For more information on abatements and waivers see Paragraphs 7.20 to 7.22.

Landing and Navigation Charges

Charges applicable

7.3 The current charges for landing and navigation services at MOD

airfields are detailed at Annex A to this Chapter. No reduction in charges should be made because any airfield facilities are not available. All aircraft

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landing at MOD airfields must be charged in accordance with these Annexes unless an alternative rate has been authorised by the appropriate budgetary area and endorsed by their TLB (see Paras 7.6 to 7.9 below).

7.4 Any services utilised by civil aircraft at MOD airfields must be provided

at no cost to MOD. Services to civil aircraft are provided from irreducible spare capacity within the Station or unit, which for wider strategic or other reasons must be retained, but which may be deployed on repayment tasks if their use does not cause detriment to their primary role. For example, Fire, Crash and Air Traffic Control services may have to be available 24 hours a day, but are not fully utilised for Defence tasks at all times and can therefore be used to handle civil aircraft within the spare capacity available.

7.5 Where services are provided to civil aircraft out of normal watch hours

however, it is possible that the provision of these services could result in a cost to MOD, e.g. civilian overtime or expenses associated with calling out Service personnel. To ensure that any costs incurred are recouped, charges for civil aircraft movements outside normal watch hours are subject to an additional cost. Details of the additional costs and how to apply them are at Annex C to this Chapter.

Income Generation (IG) - formerly Wider Markets

Initiative

7.6 Under IG, service providers are encouraged to generate income,

primarily from exploiting irreducible spare capacity on a commercial basis. Stations or Units may at their discretion base their rates of charge not on the standard rates provided in Annexes A-D to this Chapter, but on what the local market will bear. This should ideally be done on the basis of the full resource cost of providing the facilities, increased to the level prevailing in the market.

7.7 If the standard rates contained in this JSP are below the local market

rate, there is a danger that MOD will be accused of using tax payer funded assets to undercut the private sector. Similarly, if the standard rates are

above the local market rate, MOD will be failing to compete. Stations and

Units, particularly those used by larger volumes of civil aircraft, are therefore encouraged to set their own landing, parking and housing fees to levels which equate to the prevailing market rate. It is permissible to do this only if the amounts to be charged do not fall below the marginal cost to MOD. Local budget managers can advise on the definition of the terms

“full” and “marginal” cost. Note that the Indemnity Administration Charge

detailed at Annex G to this Chapter may NOT be amended locally – see also Paragraph 7.15.

7.8 All proposals to deviate from the rates published in this JSP must be

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In order to provide scrutiny and control, all business cases should be submitted to the TLB Senior Finance Officer for approval in accordance with JSP 368 Chapter 2 Annex 2.16.

7.9 Stations or Units receiving relatively few civil aircraft may choose to continue to apply the standard rates which are set out in the Annexes to this Chapter and are adjusted periodically. However, all civil aircraft utilising a Station or Unit must be charged under the same scheme. Stations and Units are to charge visiting civil aircraft on the same basis and not treat one customer differently to another.

Value Added Tax

7.10 The figures quoted throughout this JSP are exclusive of Value Added Tax (VAT), which must be charged at the current standard rate on all charges (except the Indemnity Administration Charge) raised at MOD airfields in the UK. However, some civil users may be able to produce a valid EU VAT Registration Number, which under certain circumstances will result in VAT being zero rated. See Annex H to this Chapter for more details. Enquiries on the application of VAT should be directed to MOD’s VAT focal point in Financial Management Policy & Development (FMPD) on 9355 82788.

Reduced charges

7.11 In certain circumstances the MOD considers it appropriate to reduce some or all charges at MOD airfields. Details of the circumstances where charges may be reduced without reference to higher financial authority are at

Annex Bto this Chapter.

Civilian Police Forces

7.12 The MOD should not automatically reduce or waive charges in respect of use by civilian police forces, even where such use is operational. However, where arrangements have been made for them to operate out of a Station or Unit as a ‘lodger unit’, they may be charged a monthly rate, calculated with the assistance of Defence Infrastructure Organisation (DIO) and TLB finance staff. While this will include an element for landing fees etc, they need not be charged for each individual movement. This policy includes police operated air ambulances.

7.13 Where land has been prepared on non-airfield sites for use by Police helicopters and Police operated air ambulances, they should pay a fee for usage calculated by DIO.

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7.14 Details of standard parking and housing fees are at Annex D to this Chapter.

Indemnity Administration Charge

7.15 Details of Civil User Indemnity Administration Charges are at Annex G to this Chapter. Stations and units are to charge the Short Term or Casual Use rate for each landing, unless the captain of the aircraft is able to show proof of exemption. Such proof is provided to the civil user by Air DRes Civil Use.

Recovery of Charges from Civil Users

Procedure

7.16 Depending on the Station or Unit, payment may be made in cash, by cheque supported by a bank guarantee card or by credit card. Stations and Units are advised to ascertain the proposed means of payment from the captain of the aircraft in advance to ensure it is acceptable.

7.17 The CO or Head of Establishment is responsible for collecting aircraft landing, housing, parking fees, and for Casual users the Civil User Indemnity Administration Charge (IAC). Landing, housing and parking fees are to be credited to the appropriate service receipt RAC, details of which can be

obtained from the Station or Unit Budget Manager. IAC receipts however

must only be charged to UIN D3500B, RAC RLB 012.

7.18 Landing, housing, parking fees and Civil User Indemnity Administration charges are to be detailed on MOD Form 400. Guidance on the completion of this Form and the handling of outstanding accounts is at Annex E to this Chapter.

Recovery of charges from military aircraft not exempt

from charges

7.19 Where a military aircraft is not entitled to free facilities as described at Annex F to th

References

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