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					          Mike Woodall

Head: Aviation Security Regulation (Projects)
         Aviation Security Division
            Aviation Directorate
       UK Department For Transport
UK’s Risk Based Approach to ‘Derogations’
Host State Responsibility

• Annex 17

  – 2.1.1 – Each contracting State shall have as its
    primary objective the safety of passengers, crew,
    ground personnel and the general public …
    safeguarding against acts of unlawful interference
    with civil aviation
EU Regulations



• Regulation (EC) No 1254/2009

  – Having regard to (EC) No 300/2008…
     • Article 1 – Member States may derogate from the common
       basic standards… and adopt alternative security
       measures
 UK Approach


• Derogated ALL categories e.g. less than 10,000kg, helicopters, law
  enforcement and fire suppression flights, medical, emergency or rescue
  services, R&D, aerial work, flights by air carriers, aircraft manufacturers or
  maintenance companies, transporting neither passengers and baggage, nor
  cargo and mail.

    But…

• Did not derogate Humanitarian Aid Flights – unless under 10,000kg

                And…
  UK Approach


• Chose to sub-divide derogation category 10…

   – Flights with aircraft with a maximum take-off weight of less than 45,500
     kilograms for the carriage of own staff and non fare-paying passengers or
     goods as an aid to the conduct of company business – into…

       • A) company owned aircraft used for company business (derogated)
       • B) aircraft chartered for company business (may be derogated)
       • C) fractionally owned aircraft used for company business (may be derogated)
  Demarcated Areas

• A derogation may only be utilised if…

   – A) a regulated airport chooses to create a demarcated area (they are free to
     choose not to do so)
   – B) the airport is wholly derogated

   As such…

   – A) Alternative security measures apply
   – B) NaCTSO guidance applies
“He that will not apply new remedies
must expect new evils, for time is the
greatest innovator.”



Francis Bacon: 1561-1620
QUESTIONS…

				
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