Mike WoodallMike Woodall

Head: Aviation Security Regulation (Projects) Head: Aviation Security Regulation (Projects)

Aviation Security DivisionAviation Security Division

Aviation DirectorateAviation Directorate

UK Department For TransportUK Department For Transport

Mike WoodallMike Woodall

Head: Aviation Security Regulation (Projects) Head: Aviation Security Regulation (Projects)

Aviation Security DivisionAviation Security Division

Aviation DirectorateAviation Directorate

UK Department For TransportUK 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 RegulationsEU 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 ApproachUK 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 ApproachUK 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 AreasDemarcated 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 He that will not apply new remedies must expect new evils, for time is the must expect new evils, for time is the greatest innovator.”greatest innovator.”

Francis Bacon: 1561-1620

QUESTIONS…