The Aviation Safety (Amendment) Regulations 2026
- Department: Department for Transport
- Made under: Retained EU Law (Revocation and Reform) Act 2023
Decriminalised certain long-range flight violations and expanded the Civil Aviation Authority's discretion to grant safety exemptions starting 1 May 2026.
These Regulations amend civil aviation safety rules by broadening the Civil Aviation Authority's (CAA) power to grant exemptions and removing certain criminal penalties.
The instrument decriminalises the operation of twin-engined aeroplanes beyond threshold distances without specific ETOPS approval and replaces rigid criteria for CAA-issued exemptions with a discretionary power to impose appropriate conditions.
These changes apply to legal and natural persons subject to UK aviation safety regulations, including aircraft operators and the CAA.
Arguments For
The order states that the amendments are made under the Retained EU Law (Revocation and Reform) Act 2023 to reform assimilated EU law.
Proponents argue that removing specific conditions for exemptions permits the Civil Aviation Authority (CAA) to exercise greater discretion by attaching conditions it deems appropriate.
The explanatory note indicates that the changes aim to decriminalise the contravention of specific technical requirements regarding twin-engined aeroplane operations (ETOPS).
The document cites a de minimis assessment suggesting no significant impact on the private, voluntary, or business sectors is expected.
Arguments Against
Legal scholars may question the reduction in statutory oversight resulting from the removal of specific conditions that the CAA previously had to satisfy before granting exemptions.
Aviation safety advocates might express concern that decriminalising specific operational prohibitions, such as those related to ETOPS approval, could weaken the enforcement framework for long-range flights.
Affected parties may find the shift toward CAA-determined conditions creates less regulatory certainty than the previous fixed requirements.
Civil liberties groups might scrutinise the use of powers under the Retained EU Law Act 2023 to modify safety standards through secondary legislation.
- —(1) These Regulations may be cited as the Aviation Safety (Amendment) Regulations 2026. (2) These Regulations come into force on 1st May 2026. (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the official name of the regulations and sets the commencement date for the new rules as 1 May 2026.
It further specifies that the legal changes apply uniformly across all four nations of the United Kingdom.
- —(1) Schedule 13 (penalties) to the Air Navigation Order 2016 is amended as follows. (2) In Part 2 (provisions referred to in article 265(6)), in Chapter 4, omit the entry for 'SPA.ETOPS.100'.
This section removes the entry for 'SPA.ETOPS.100' from the list of provisions for which contravention is a criminal offence.
The legal effect is to decriminalise the act of flying a twin-engined aeroplane beyond a certain distance from an airport without the specific Extended Range Operations (ETOPS) approval usually required by aviation authorities.
- —(1) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation is amended as follows. (2) For Article 71 substitute—
'Article 71
Flexibility provisions
- Subject to paragraph 2, the CAA may grant exemptions to any natural or legal person subject to this Regulation from the requirements applicable to that person pursuant to Chapter III or to regulations made under that Chapter.
- Exemptions granted under this Article must not include exemptions from the essential requirements laid down in Chapter III.
- Exemptions granted under paragraph 1 of this Article may include such conditions as the CAA deems appropriate.'
This section replaces the previous rules regarding safety exemptions in civil aviation.
It authorises the Civil Aviation Authority (CAA) to exempt individuals or companies from various technical requirements, provided those exemptions do not waive 'essential' safety requirements.
It also grants the CAA the power to set its own conditions for these exemptions, removing former statutory prerequisites.
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