NEW AIRCRAFT REGISTRATION AND MARKING LEGISLATION

New Isle of Man legislation setting out updated requirements on aircraft registration and marking takes effect on 1 August 2022.

This web page provides current and prospective owners and aircraft operators of aircraft registered in the Isle of Man with an overview of the changes, actions required, and where to find further detail and information.

Between August and October 2021, we consulted on proposed new aircraft registration and marking legislation. In January 2022 we published a consultation response document and indicated our next steps.

On 26 April 2022 the new Civil Aviation (Aircraft Registration and Marking) Order 2022 and amendments to the Civil Aviation (Miscellaneous Provisions) Order 2020 were approved by the Isle of Man’s Court of Tynwald. The legislation will take effect on 1 August 2022 with consequential revocations to specified articles of the Air Navigation (Isle of Man) Order 2015 (“the ANO”). The consequential effects that will take effect on the ANO are set out in the latest edition of the Consolidated Easy Access ANO.

Certificates of Registration issued prior to 1 August 2022 under the provisions of the ANO remain valid and do not need to be reissued.

The substantive changes made by the new Order on 1 August 2022 that are of key relevance to aircraft owners and operators are as follow.

For aircraft registered prior to the 1 August, the ANO definition of ‘commercial air transport’ and ‘aerial work’, the prohibition of conducting such commercial air transport or aerial work, and the associated exception provisions of Part 28 of the ANO continue to have effect. However, for aircraft issued with a Certificate of Registration issued on or after 1 August 2022 the following new provisions apply.

  • The definitions of ‘commercial air transport’ and ‘aerial work’ are significantly updated.
  • Aircraft registered in the Isle of Man continue to be prohibited from undertaking commercial air transport.
  • There is a complete revision of the allowances and conditions for the provision of valuable consideration and remuneration without the flight being considered to be commercial air transport.
  • The definition of “aerial work will now focus on “specialised services” (as per the ICAO definition) rather than “valuable consideration”. IOMAR approval will be required for aircraft to undertake aerial work (specialised services). However, approval is not required for flights conducting aerial filming or imagery for which:
    • remuneration or valuable consideration is not provided for the service; and
    • the filming or imagery equipment is hand held.

From 1 August 2022, clients holding a Certificate of Registration that was issued prior to the 1 August 2022 will have the option to apply for the certificate reissued under the new legislation. The IOMAR will communicate the process to make such applications in due course.

Note: Further detail on the commercial air transport and aerial work changes is provided here.

With effect from 1 August 2022, the following new legislative requirements apply to all aircraft registered in the Isle of Man regardless of the date that the aircraft’s Certificate of Registration was issued.

  • The wider “qualified ownership criteria” applicable to “transitional aircraft” as currently enabled by Exemption and Permission 2021/055 is incorporated into the legislation.
  • The current policy requirement for the registered owner to nominate an “aircraft operator” who is accountable for the safe operation management and control of the aircraft is incorporated into the legislation. A new requirement specifies that the registered owner shall inform the Isle of Man Aircraft Registry (IOMAR) of a change of the nominated aircraft operator within 2 working days of the change taking place.

Note: As per current process, a change of aircraft operator immediately invalidates the aircraft’s Operations Specification because the certificate is issued in the name of the aircraft operator. Consequently, advance notification to the IOMAR of the planned change is essential for the transition to take place with minimal impact on the aircraft’s operation.

  • The time period within which registered owners of aircraft are to inform the IOMAR of the following events is reduced to “as soon as possible but no later than 2 working days”:
    • changes in the registration information previously provided;
    • the destruction of the aircraft or it’s withdrawal from use; or
    • the termination of a charter by demise.

The time period within which a person is required to notify the IOMAR that they have become the owner of an aircraft registered in the Isle of Man has also been adjusted to: “as soon as possible but no later than 2 working days”.

Note: As per current process, advance notification to the IOMAR of an intended change of owner supports the timely issuance of an updated Certificate of Registration.

  • The current IOMAR policy requiring documentation provided in support of an application to be in English is incorporated into the legislation.
  • Cape Town Convention provisions intended by SI2015/912 are incorporated. These reflect the current policy situation.
  • Responsibility for ensuring that an aircraft does not fly without registration marks is placed explicitly on the aircraft operator.
  • A new requirement specifies that after the registration has been cancelled an aircraft is not to display the Isle of Man nationality and registration mark.
  • Aircraft marking and placard requirements for aircraft equipped with a ballistic parachute recovery system are now specified.
  • The legislation enables the IOMAR, in due course, to issue registrations consisting of numbers as well as letters. This will be introduced at some point in the future once further policy has been developed.
  • The location for the placement of an aircraft identification plate now reflects the ICAO requirements. Transitional provisions enable aircraft already registered in the Isle of Man with an identification plate that meets the ANO requirements to remain compliant.
  • Common definitions used in the new legislation are contained in the Civil Aviation (Miscellaneous Provisions) Order 2020. This ensures common and consistent definitions across that apply across all Orders made under the Airports and Civil Aviation Act 1988. Orders covered by these definitions relevant to IOMAR clients now include:
    • Civil Aviation (Registration and Marking) Order 2022;
    • Civil Aviation (Safe Transport of Dangerous Goods) Order 2020;
    • Civil Aviation (Occurrence Reporting) Order 2020;
    • Civil Aviation (Rules of the Air) Order 2021

The definitions contained in the Civil Aviation (Miscellaneous Provisions) Order 2020 will be further expanded in the future as more ANO content is revoked and replaced with new standalone orders e.g. Operation of Aircraft and Airworthiness of Aircraft.

The Civil Aviation (Miscellaneous Provisions) Order 2020 also sets out provisions covering the conduct of the Department, including those in relation to functions covered by the Civil Aviation (Aircraft Registration and Marking) Order 2022. This includes aspects relating to revocations/suspensions, approvals/permissions/exemptions, reasons for decisions, service of documents etc.