text:
CITATION, COMMENCEMENT AND REVOCATION
Citation and Commencement
1
1
This Order may be cited as the Air Navigation (Overseas Territories) Order 1989.
2
Subject to paragraph (3), this Order shall come into force on 1st February 1990.
3
a
Article 74 of this Order shall come into force on 1st August 1990.
b
Articles 10 and 75 of this Order and regulations 9 to 11 of Schedule 14 to this Order shall come into force on 1st February 1991.
Revocation and Transitional Provisions
2
1
Subject to paragraph (2), the Air Navigation (Overseas Territories) Order 1977 , the Air Navigation (Overseas Territories) (Amendment) Order 1977 and the Air Navigation (Overseas Territories) (Second Amendment) Order 1978 are hereby revoked.
2
a
Article 69 of the Air Navigation (Overseas Territories) Order 1977 is revoked as from 1st August 1990.
b
Article 70 of the Air Navigation (Overseas Territories) Order 1977 is revoked as from 1st February 1991.
c
The Orders mentioned in paragraph (1) shall remain in operation until 1st August 1990 for the purposes of a applying the provision mentioned in sub-paragraph (a) , and until 1st February 1991 for the purposes of applying the provision mentioned in sub-paragraph (b) .
d
i
Until 1st February 1991, the Governor may, either generally, or for a particular period, or in any particular case or class of cases, apply, as seems to him to be appropriate, either the provisions of Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977 or the provisions of Articles 8(7), 9 and 11 of this Order.
ii
In any case where in accordance with sub-paragraph (d) (i) the Governor applies the provisions of Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977, then: —
aa
the Orders mentioned in paragraph (1) shall remain in operation until 1st February 1991 for the purposes of applying Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977; and
bb
any reference in this Order to a “certificate of maintenance review” Or to a “certificate of release to service” shall be construed as a reference, respectively, to a “certificate of maintenance” or to a “certificate of compliance”.
3
This Article shall apply to the Orders mentioned therein and to the provisions of any Order mentioned therein only insofar as the Order or those provisions form part of the law of the territories mentioned in Schedule 16 to this Order.
PART I
REGISTRATION AND MARKING OF AIRCRAFT
Aircraft to be registered
3
1
An aircraft shall not fly in or over the Territory unless it is registered in:
a
some part of the Commonwealth ; or
b
a Contracting State ; or
c
some other country in relation to which there is in force an agreement between Her Majesty’s Government in the United Kingdom and the Government of that country which makes provision for the flight over the Territory of aircraft registered in that country:
Provided that:
i
a glider may fly unregistered, and shall be deemed to be registered in the Territory for the purposes of Articles 13, 14, 19 and 32 of this Order, on any flight which:
a
begins and ends in the Territory without passing over any other country, and
b
is not for the purpose of public transport or aerial work;
ii
any aircraft may fly unregistered on any flight which:
a
begins and ends in the Territory without passing over any other country, and
b
is in accordance with the “B Conditions” set forth in Schedule 2 to this Order;
iii
this paragraph shall not apply to any kite or captive balloon.
2
If an aircraft flies over the Territory in contravention of paragraph (1) of this Article in such manner or circumstances that if the aircraft had been registered in the Territory an offence against this Order or any regulations made thereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.
Registration of aircraft in the Territory
4
1
The Governor shall be the authority for the registration of aircraft in the Territory. He may cause a register to be kept and may record therein the particulars specified in paragraph (7) of this Article in either a legible or a non-legible form, so long as the recording is capable of being reproduced in a legible form.
2
Subject to the provisions of this Article, an aircraft shall not be registered or continue to be registered in the Territory if it appears to the Governor that:
a
the aircraft is registered outside the Territory and that such registration does not cease by operation of law upon the aircraft being registered in the Territory; or
b
an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share therein; or
c
the aircraft could more suitably be registered in some other part of the Commonwealth; or
d
it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in the Territory.
3
The following persons and no others shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory or a share therein:
a
the Crown in right of Her Majesty’s Government in the United Kingdom or in right of the Government of the Territory;
b
Commonwealth citizens;
c
citizens of the Republic of Ireland;
d
British protected persons;
e
bodies incorporated in some part of the Commonwealth and having their principal place of business in any part of the Commonwealth;
f
firms carrying on business in Scotland.
In this sub-paragraph “firm” has the same meaning as in the Partnership Act 1890 .
4
If an unqualified person residing or having a place of business in the Territory holds a legal or beneficial interest by way of ownership in an aircraft, or a share therein, the Governor, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in the Territory. The person aforesaid shall not cause or permit the aircraft, while it is registered in pursuance of this paragraph, to be used for the purpose of public transport or aerial work.
5
If an aircraft is chartered by demise to a person qualified as aforesaid the Governor may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the Territory in the name of the charterer upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this Article the aircraft may remain so registered during the continuation of the charter.
6
Application for the registration of an aircraft in the Territory shall be made in writing to the Governor, and shall include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in the Territory and to issue the certificate referred to in paragraph (8) of this Article. In particular, the application shall include the proper description of the aircraft according to column 4 of the “General Classification of Aircraft” set forth in Part A of Schedule 1 to this Order.
7
Upon receiving an application for the registration of an aircraft in the Territory and being satisfied that the aircraft may properly be so registered, the Governor shall register the aircraft, wherever it may be, and shall include in the register the following particulars:
a
the number of the certificate;
b
the nationality mark of the aircraft, and the registration mark assigned to it by the Governor;
c
the name of the constructor of the aircraft and its designation;
d
the serial number of the aircraft;
e
i
the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and
ii
in the case of an aircraft registered in pursuance of paragraph (4)
or (5) of this Article, an indication that it is so registered.
8
The Governor shall furnish to the person in whose name the aircraft is registered (hereinafter in this Article referred to as “the registered owner”) a certificate of registration, which shall include the foregoing particulars and the date on which the certificate was issued:
Provided that the Governor shall not be required to furnish a certificate of registration if the registered owner is the holder of an aircraft dealer’s certificate granted under this Order who has made to the Governor and has not withdrawn a statement of his intention that the aircraft is to fly only in accordance with the conditions set forth in Part C of Schedule 1 to this Order, and in that case the aircraft shall fly only in accordance with those conditions.
9
The Governor may grant to any person qualified as aforesaid an aircraft dealer’s certificate if he is satisfied that he has a place of business in the Territory for buying and selling aircraft.
10
Subject to paragraphs (4) and (5) of this Article, if at any time after an aircraft has been registered in the Territory an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Governor.
11
Any person who is the registered owner of an aircraft registered in the Territory shall forthwith inform the Governor in writing of:
a
any change in the particulars which were furnished to the Governor upon application being made for the registration of the aircraft;
b
the destruction of the aircraft, or its permanent withdrawal from use;
c
in the case of an aircraft registered in pursuance of paragraph (5) of this Article, the termination of the demise charter.
12
Any person who becomes the owner of an aircraft registered in the Territory shall within 28 days inform the Governor in writing to that effect.
13
The Governor may, whenever it appears to him necessary or appropriate to do so for giving effect to this Part of this Order or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, may cancel the registration of the aircraft, and shall cancel that registration if he is satisfied that there has been a change in the ownership of the aircraft.
14
The Governor may, by regulations, adapt or modify the foregoing provisions of this Article as he deems necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the Territory register, either generally or in relation to a particular case or class of cases.
15
In this Article references to an interest in an aircraft do not include reference to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in paragraph (11) of this Article to the registered owner of an aircraft includes in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dissolved, its successor.
16
Nothing in this Article shall require the Governor to cancel the registration of an aircraft if in his opinion it would be inexpedient in the public interest to do so.
17
The registration of an aircraft which is the subject of an undischarged mortgage entered in the Register of Aircraft Mortgages kept in the Territory pursuant to an Order in Council made under section 86 of the Civil Aviation Act 1982 which extends to the Territory shall not become void by virtue of paragraph (10) of this Article, nor shall the Governor cancel the registration of such an aircraft pursuant to this Article unless all persons shown in the Register of Aircraft Mortgages as mortgagees of that aircraft have consented to the cancellation.
18
The Governor shall, at such times and in such a manner as may from time to time be directed by the Civil Aviation Authority, transmit to the Civil Aviation Authority particulars of all registrations and of changes in or cancellations of registrations, entered in the register.
Nationality and registration marks
5
1
An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.
2
The marks to be borne by aircraft registered in the Territory shall comply with Part B of Schedule 1 to this Order.
3
An aircraft shall not bear any marks which purport to indicate:
a
that the aircraft is registered in a country in which it is not in fact registered; or
b
that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks.
PART II
AIR OPERATORS' CERTIFICATES
Issue of air operators certificates
6
1
An aircraft registered in the Territory shall not fly on any flight for the purpose of public transport, otherwise than under and in accordance with the terms of an air operator’s certificate granted to the operator of the aircraft under paragraph (2) of this Article, certifying that the holder of the certificate is competent to secure that aircraft operated by him on such flights as that in question are operated safely.
2
The Governor may grant to any person applying therefor an air operator’s certificate if he is satisfied that that person is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes so specified. The certificate may be granted subject to such conditions as the Governor thinks fit and shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified in the certificate.
PART III
AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
Certificate of airworthiness to be in force
7
1
An aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered, and any conditions subject to which the certificate was issued or rendered valid are complied with:
Provided that the foregoing prohibition shall not apply to flights, beginning and ending in the Territory without passing over any other country, of:
a glider, if it is not being used for the public transport of passengers or aerial work;
a balloon, if it is not being used for the public transport of passengers;
a kite;
an aircraft flying in accordance with the “A Conditions” or the “B Conditions” set forth in Schedule 2 to this Order;
an aircraft flying in accordance with the conditions of a permit to fly issued by the Governor in respect of that aircraft.
2
In the case of an aircraft registered in the Territory the certificate of airworthiness referred to in paragraph (1) of this Article shall be a certificate issued or rendered valid in accordance with the provisions of Article 8 of this Order.
Issue, renewal, etc. , of certificates of airworthiness
8
1
The Governor shall issue in respect of any aircraft a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to:
a
the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and
b
the results of flying trials, and such other tests of the aircraft as he may require:
Provided that, if the Governor has issued a certificate of airworthiness in respect of an aircraft which, in his opinion, is a prototype aircraft or a modification of a prototype aircraft, he may dispense with flying trials in the case of any other aircraft if he is satisfied that it conforms to such prototype or modification.
2
Every certificate of airworthiness shall specify such categories as are, in the opinion of the Governor, appropriate to the aircraft in accordance with Schedule 3 to this Order and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in the said Schedule in relation to those categories.
3
The Governor may issue the certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit.
4
The certificate of airworthiness may designate the performance group to which the aircraft belongs for the purposes of the requirements referred to in Article 29(1) of this Order.
5
The Governor may, subject to such conditions as he thinks fit, issue a date of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any aircraft under the law of any country other than the Territory.
6
Subject to the provisions of this Article and of Article 62 of this Order, a certificate of airworthiness or validation issued under this Article shall remain in force for such period as may be specified therein, and may be renewed from time to time by the Governor for such further period as he thinks fit.
7
A certificate of airworthiness or a certificate of validation issued in respect of an aircraft shall cease to be in force:
a
if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft is overhauled, repaired or modified, or if any part of the aircraft or of such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Governor either generally or in relation to a class of aircraft or to the particular aircraft; or
b
until the completion of any inspection of the aircraft or of any such equipment as aforesaid, being an inspection made for the purpose of ascertaining whether the aircraft remains airworthy and —
i
classified as mandatory by the Governor; or
ii
required by a maintenance schedule approved by the Governor in relation to that aircraft; or
c
until the completion to the satisfaction of the Governor of any modification of the aircraft or of any such equipment as aforesaid, being a modification required by the Governor for the purpose of ensuring that the aircraft remains airworthy.
8
Without prejudice to any other provision of this Order the Governor may, for the purposes of this Article, accept reports furnished to him by a person whom he may approve, either absolutely or subject to such conditions as he thinks fit, as qualified to furnish such reports.
Certificate of maintenance review
9
1
An aircraft registered in the Territory in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force shall not fly unless:
a
the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with a maintenance schedule approved by the Governor in relation to that aircraft;
b
there is in force a certificate (in this Order referred to as a “certificate of maintenance review”) issued in respect of the aircraft in accordance with the provisions of this Article and such certificate shall certify the date on which the maintenance review was carried out and the date thereafter when the next review is due.
2
The approved maintenance schedule referred to in paragraph (1) of this Article shall specify the occasions on which a review must be carried out for the purpose of issuing a certificate of maintenance review.
3
A certificate of maintenance review may be issued for the purposes of this Article only by:
a
the holder of an aircraft maintenance engineer’s licence:
i
granted under this Order being a licence which entitles him to issue that certificate, or
ii
granted under the law of a country other than the Territory and rendered valid under this Order in accordance with the privileges endorsed on the licence, or
iii
granted under the law of any country specified in Regulation 13 in Schedule 14 to this Order in accordance with the privileges endorsed on the licence and subject to any conditions which may be prescribed, or
b
a person whom the Governor has authorised to issue a certificate of maintenance review in a particular case, and in accordance with that authority; or
c
a person approved by the Governor as being competent to issue such certificates, and in accordance with that approval:
Provided that, in approving a maintenance schedule, the Governor may direct that certificates of maintenance review relating to that schedule, or to any part thereof specified in its direction, may be issued only by the holder of such a licence as is so specified.
4
A person referred to in paragraph (3) of this Article shall not issue a certificate of maintenance review unless he has first verified that —
a
maintenance has been carried out on the aircraft in accordance with the maintenance schedule approved for that aircraft; and
b
inspections and modifications required by the Governor as provided in Article 8 of this Order have been completed as certified in the relevant certificate of release to service issued in accordance with Article 11 of this Order; and
c
defects entered in the technical log of the aircraft in accordance with Article 10 of this Order have been rectified or the rectification thereof has been deferred in accordance with procedures approved by the Governor; and
d
certificates of release to service have been issued in accordance with Article 11 of this Order;
and for this purpose the operator of the aircraft shall make available to that person such information as is necessary.
5
A certificate of maintenance review shall be issued in duplicate. One copy of the most recently issued certificate shall be carried in the aircraft when Article 57 of this Order so requires, and the other shall be kept by the operator elsewhere than in the aircraft.
6
Subject to the provisions of Article 61 of this Order, each certificate of maintenance review shall be preserved by the operator of the aircraft for a period of two years after it has been issued.
Technical log
10
1
A technical log shall be kept in respect of an aircraft registered in the Territory being an aircraft in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force.
2
At the end of every flight by an aircraft to which the provisions of this Article apply the commander of the aircraft shall enter —
a
the times when the aircraft took off and landed; and
b
particulars of any defect which is known to him and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to him, an entry to that effect; and
c
such other particulars in respect of the airworthiness or operation of the aircraft as the Governor may require,
in a technical log, or, in the case of an aircraft of which the maximum total weight authorised does not exceed 2,730 kg. and which is not operated by a person who is the holder of or is required by Article 6(1) of this Order to hold an air operator’s certificate, in such other record as the Governor shall approve and he shall sign and date such entries:
Provided that in the case of a number of consecutive flights each of which begins and ends —
within the same period of 24 hours; and
at the same aerodrome, except where each such flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and
with the same person as commander of the aircraft,
the commander of an aircraft may, except where he becomes aware of a defect during an earlier flight, make the entries as aforesaid in a technical log at the end of the last of such consecutive flights.
3
Upon the rectification of any defect which has been entered in a technical log in accordance with paragraph (2) of this Article a person issuing a certificate of release to service required by Article 11 of this Order in respect of that defect shall enter the certificate in the technical log in such a position as to be readily identifiable with the defect to which it relates.
4
The technical log referred to in this Article shall be carried in the aircraft when Article 57 of this Order so requires and copies of the entries referred to in this Article shall be kept on the ground:
Provided that, in the case of an aeroplane of which the maximum total weight authorised does not exceed 2,730 kg , or a helicopter, if it is not reasonably practicable for the copy of the technical log to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a box approved by the Governor for that purpose.
Inspection, overhaul, repair, replacement and modification
11
1
Except as provided in paragraph (2) of this Article an aircraft registered in the Territory, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force, shall not fly unless there is in force a certificate (in this Order referred to as a “certificate of release to service”) issued in accordance with this Article if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in Article 8(7) (b) of this Order, as the case may be:
Provided that if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable:
a
for the repair or replacement to be carried out in such a manner that a certificate of release to service can be issued under this Article in respect thereof; or
b
for such certificate to be issued while the aircraft is at that place,
it may fly to a place at which such certificate can be issued, being the nearest place —
i
to which the aircraft can, in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped; and
ii
to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board;
and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Governor within ten days thereafter.
2
Nothing in paragraph (1) of this Article shall require a certificate of release to service to be in force in respect of an aircraft of which the maximum total weight authorised does not exceed 2,730 kg. and in respect of which a certificate of airworthiness of the special category is in force, unless the Governor gives a direction to the contrary in a particular case.
3
Nothing in paragraph (1) of this Article shall prevent an aircraft in respect of which there is in force a certificate of airworthiness in the private or special categories and whose maximum total weight authorised does not exceed 2,730 kg. from flying if the only repairs or replacements in respect of which a certificate of release to service is not in force are of such a description as are specified in Regulation 15 in Schedule 14 to this Order and have been carried out personally by the owner or operator of the aircraft being the holder of a pilot’s licence granted or rendered valid under this Order. In that event the owner or operator, as the case may be, of the aircraft, shall keep in the aircraft log book kept in respect of the aircraft pursuant to Article 15 of this Order a record which identifies the repair or replacement and shall sign and date the entries and, subject to the provisions of Article 61 of this Order, shall preserve the log book for the period specified in Article 15 of this Order. Any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by the Governor whether generally or in relation to a class of aircraft or one particular aircraft.
4
Neither —
a
equipment provided in compliance with Schedule 4 to this Order (except paragraph (3) thereof); nor
b
radio apparatus provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not such apparatus is provided in compliance with this Order or any regulations made thereunder,
shall be installed or placed on board for use in an aircraft registered in the Territory after being overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued in accordance with this Article.
5
A certificate of release to service shall:
a
certify that the aircraft or any part thereof or its equipment has been overhauled, repaired, replaced, modified or maintained, as the case may be, in a manner and with material of a type approved by the Governor either generally or in relation to a class of aircraft or the particular aircraft and shall identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates and shall include particulars of the work done;
b
certify in relation to any inspection required by the Governor that the aircraft or the part thereof or its equipment, as the case may be, has been inspected in accordance with the requirements of the Governor and that any consequential repair, replacement or modification has been carried out as aforesaid.
6
A certificate of release to service may be issued for the purposes of this Article only by: —
a
the holder of an aircraft maintenance engineer’s licence:
i
granted under this Order, being a licence which entitles him to issue that certificate; or
ii
granted under the law of a country other than the Territory and rendered valid under this Order, in accordance with the privileges endorsed on the licence; or
iii
granted under the law of any country specified in Regulation 13 in Schedule 14 to this Order in accordance with the privileges endorsed on the licence and subject to any conditions which may be prescribed; or
b
the holder of an aircraft maintenance engineer’s licence or authorisation as such an engineer granted or issued by or under the law of and Contracting State other than the Territory in which the overhaul, repair, replacement, modification or inspection has been carried out, but only in respect of aircraft of which the maximum total weight authorised does not exceed 2,730 kg. and in accordance with the privileges endorsed on the licence; or
c
a person approved by the Governor as being competent to issue such certification, and in accordance with that approval; or
d
a person whom the Governor has authorised to issue the certificate in a particular case, and in accordance with that authority; or
e
in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot’s Licence (Aeroplanes), a Senior Commercial Pilot’s Licence (Aeroplanes) or a Flight Navigator’s Licence granted or rendered valid under this Order.
7
Subject to the provisions of Article 61 of this Order, a certificate of release to service shall be preserved by the operator of the aircraft to which it relates for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus as the case may be.
8
In this Article, the expression “repair” includes in relation to a compass the adjustment and compensation thereof and the expression “repaired” shall be construed accordingly.
Licensing of maintenance engineers
12
1
The Governor shall grant aircraft maintenance engineers' licences, subject to such conditions as he thinks fit, upon his being satisfied that the applicant is a fit person to hold the licence and has furnished such evidence and passed such examinations and tests as the Governor may require of him for the purpose of establishing that he has sufficient knowledge, experience, competence and skill in aeronautical engineering.
2
An aircraft maintenance engineer’s licence shall authorise the holder, subject to such conditions as may be specified in the licence, to issue:
a
certificates of maintenance review in respect of such aircraft as may be so specified;
b
certificates of release to service in respect of such overhauls, repairs, replacements, modifications, maintenance and inspections of such aircraft and such equipment as may be so specified; or
c
certificates of fitness for flight under “A Conditions” in respect of such aircraft as may be so specified.
3
A licence shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified therein, not exceeding five years, but may be renewed by the Governor from time to time upon his being satisfied that the applicant is a fit person and is qualified as aforesaid.
4
The Governor may issue a certificate rendering valid for the purposes of this Order any licence as an aircraft maintenance engineer granted under the law of any country other than the Territory. Such certificate may be issued subject to such conditions, and for such period, as the Governor thinks fit.
5
Upon receiving a licence granted under this Article, the holder shall forthwith sign his name thereon in ink with his ordinary Signature.
6
Without prejudice to any other provision of this Order the Governor may, for the purpose of this Article, either absolutely or subject to such conditions as he thinks fit: —
a
approve any course of training or instruction;
b
authorise a person to conduct such examinations or tests as he may specify;
c
approve a person to provide or conduct any course of training or instruction; and
d
approve a person as qualified to furnish reports to him and to accept such reports.
Equipment of aircraft
13
1
An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made in accordance with this Order and any regulations made thereunder.
2
In the case of aircraft registered in the Territory the equipment required to be provided (in addition to any other equipment required by or under this Order) shall be that specified in such parts of Schedule 4 to this Order as are applicable in the circumstances and shall comply with the provisions of that Schedule. The equipment, except that specified in paragraph (3) of the said Schedule, shall be of a type approved by the Governor either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
3
In any particular case the Governor may direct that an aircraft registered in the Territory shall carry such additional or special equipment or supplies as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft.
4
The equipment carried in compliance with this Article shall be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended.
5
The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft. In particular in every public transport aircraft registered in the Territory there shall be: —
a
provided individually for each passenger; or
b
if the Governor so permits in writing, exhibited in a prominent position in every passenger compartment —
a notice relevant to the aircraft in question containing pictorial: —
i
instructions on the brace position to be adopted in the event of an emergency landing;
ii
instructions on the method of use of the safety belts and safety harnesses as appropriate;
iii
information as to where emergency exits are to be found and instructions as to how they are to be used;
iv
information as to where the life-jackets, escape slides, life-rafts and oxygen masks, if required to be provided by paragraph (2) of this Article, are to be found and instructions as to how they are to be used.
6
All equipment installed or carried in an aircraft, whether or not in compliance with this Article, shall be so installed or stowed and kept stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.
7
Without prejudice to paragraph (2) of this Article, all navigational equipment (other than radio apparatus) of any of the following types, namely:
a
equipment capable of establishing the aircraft’s position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting upon it, and
b
equipment capable of establishing automatically the altitude and relative bearing of selected celestial bodies,
when carried in an aircraft registered in the Territory (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Governor either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
8
This Article shall not apply in relation to radio apparatus except that specified in Schedule 4 to this Order.
Radio equipment of aircraft
14
1
An aircraft shall not fly unless it is so equipped with radio and radio navigation equipment as to comply with the law of the country in which the aircraft is registered and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order including, in particular, Schedule 14 hereto.
2
Without prejudice to paragraph (1) of this Article, the aircraft shall be equipped with radio and radio navigation equipment in accordance with Schedule 5 to this Order.
3
In any particular case the Governor may direct that an aircraft registered in the Territory shall carry such additional or special radio or radio navigation equipment as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.
4
Subject to such exceptions as may be prescribed the radio and radio navigation equipment provided in compliance with this Article in an aircraft registered in the Territory shall always be maintained in serviceable condition.
5
All radio and radio navigation equipment installed in an aircraft registered in the Territory or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Governor in relation to the purpose for which it is to be used, and shall, except in the case of a glider which is permitted by Article 3(1) of this Order to fly unregistered, be installed in a manner approved by the Governor. Neither the equipment nor the manner in which it is installed shall be modified except with the approval of the Governor.
Aircraft, engine and propeller log books
15
1
In addition to any other log books required by or under this Order, the following log books shall be kept in respect of aircraft registered in the Territory —
a
an aircraft log book; and
b
a separate log book in respect of each engine fitted in the aircraft; and
c
a separate log book in respect of each variable pitch propeller fitted to the aircraft.
The log books shall include the particulars respectively specified in Schedule 6 to this Order and in the case of an aircraft having a maximum total weight authorised not exceeding 2,730 kg. shall be of a type approved by the Governor.
2
a
Each entry in the log book, other than such an entry as is referred to in sub-paragraphs 2 (d) (ii) or 3 (d) (ii) of Schedule 6 to this Order, shall be made as soon as practicable after the occurrence to which it relates, but in no event more than 7 days after the expiration of the certificate of maintenance review (if any) in force in respect of the aircraft at the time of the occurrence;
b
Each entry in the log book, being such an entry as is referred to in sub-paragraphs 2 (d) (ii) of 3 (d) (ii) of Schedule 6 to this Order shall be made upon each occasion that any maintenance, overhaul, repair, replacement, modification or inspection is undertaken on the engine or propeller as the case may be.
3
Entries in a log book may refer to other documents, which shall be clearly identified, and any other documents so referred to shall be deemed, for the purposes of this Order, to be part of the log book.
4
It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept as aforesaid to keep them or cause them to be kept in accordance with the foregoing provisions of this Article.
5
Subject to the provisions of Article 61 of this Order every log book shall be preserved by the operator of the aircraft until a date two years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use.
Aircraft weight schedule
16
1
Every flying machine and glider in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Governor may require or approve in the case of that aircraft.
2
Upon the aircraft being weighed as aforesaid the operator of the aircraft shall prepare a weight schedule showing —
a
either the basic weight of the aircraft, that is to say, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of equipment as are indicated in the weight schedule, or such other weight as may be approved by the Governor in the case of that aircraft; and
b
either the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight or such other position of the centre of gravity as may be approved by the Governor in the case of that aircraft.
3
Subject to the provisions of Article 61 of this Order the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of 6 months following the next occasion on which the aircraft is weighed for the purposes of this Article.
Access and inspection for airworthiness purposes
17
The Governor may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part of this Order and any person authorised to do so in writing by the Governor may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory.
PART IV
AIRCRAFT CREW AND LICENSING
Composition of crew of aircraft
18
1
An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.
2
An aircraft registered in the Territory shall carry a flight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under this Order or, if no certificate of airworthiness is required under this Order to be in force, the certificate of airworthiness, if any, last in force under this Order, in respect of that aircraft.
3
a
A flying machine registered in the Territory and flying for the purpose of public transport, having a maximum total weight authorised exceeding 5,700 kg., shall carry not less than two pilots as members of the flight crew thereof.
b
On and after 1st January 1992, an aeroplane registered in the Territory and flying for the purpose of public transport in circumstances where the aircraft commander is required to comply with Instrument Flight Rules and having a maximum total weight authorised of 5700 kg, or less and powered by: —
i
one or more turbine jets;
ii
one or more turbine propeller engines and provided with a means of pressurising the personnel compartments;
iii
two or more turbine propeller engines and certificated to carry more than nine passengers;
iv
two or more turbine propeller engines and certified to carry fewer than ten passengers; being an aeroplane which is neither provide with a means of pressurising the personnel compartments nor equipped with an auto-pilot approved by the Governor for the purposes of this Article; or
v
two or more piston engines and not equipped with an auto-pilot approved by the Governor for the purposes of this Article;
shall carry not less than two pilots as members of the flight crew thereof:
Provided that an aeroplane powered by two or more turbine propeller engines and certificated to carry fewer than ten passengers or an aeroplane powered by two or more piston engines and equipped with an appropriate autopilot shall not be required to carry two pilots notwithstanding that before take-off the approved auto-pilot is found to be unserviceable if the aeroplane flies in accordance with arrangements approved by the Governor.
4
An aircraft registered in the Territory engaged on a flight for the purpose of public transport shall carry:
a
a flight navigator as a member of the flight crew; or
b
navigational equipment approved by the Governor and used in accordance with any conditions subject to which that approval may have been given,
if on the route or any diversion therefrom, beings or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown, and to pass over part of an area specified in Schedule 7 to this Order. The flight navigator carried in compliance with this Article shall be carried in addition to any person who is carried in accordance with this Article to perform other duties.
5
An aircraft registered in the Territory which is required by the provisions of Article 14 of this Order to be equipped with radio communication apparatus shall carry a flight radio operator as a member of the flight crew, who, if he is required to operate radiotelegraph apparatus, shall be carried in addition to any other person who is carried in accordance with this Article to perform other duties.
6
If it appears to him to be expedient to do so in the interests of safety, the Governor may direct any particular operator of any aircraft registered in the Territory that the aircraft operated by him or any such aircraft shall not fly in such circumstances as the Governor may specify unless those aircraft carry in addition to the flight crew required to be carried therein by the foregoing provisions of this Article such additional persons as members of the flight crew as he may specify in the direction.
7
a
This paragraph applies to any flight for the purpose of public transport by an aircraft registered in the Territory: —
i
on which is carried twenty or more passengers; or
ii
which may in accordance with its certificate of airworthiness carry more than thirty-five passengers and on which at least one passenger is carried.
b
The crew of an aircraft on a flight to which this paragraph applies shall include cabin attendants carried for the purposes of performing in the interests of the safety of passengers, duties to be assigned by the operator or the commander of the aircraft but who shall not act as members of the flight crew.
c
On a flight to which this paragraph applies, there shall be carried not less than one cabin attendant for every fifty, or fraction of fifty passenger seats installed in the aircraft:
Provided that the number of cabin attendants calculated in accordance with this sub-paragraph need not be carried where the Governor has granted written permission to the operator to carry a lesser number on that flight and the operator carries the number specified in that permission and complies with any other terms and conditions subject to which such permission is granted.
8
If it appears to be expedient to do so in the interests of safety, the Governor may direct any particular operator of any aircraft registered in the Territory that the aircraft operated by him or any such aircraft shall not fly in such circumstances as the Governor may specify unless those aircraft carry in addition to the cabin attendants required to be carried therein by the foregoing provisions of this Article such additional persons as cabin attendants as it may specify in the direction.
Members of flight crew-requirement of licences
19
1
Subject to the provisions of this Article, a person shall not act as a member of the flight crew of an aircraft registered in the Territory unless he is the holder of an appropriate licence granted or rendered valid under this Order:
Provided that a person may within the Territory without being the holder of such a licence —
a
act as a flight radiotelephony operator if —
i
he does so as the pilot of a glider not flying for the purpose of public transport or aerial work, or as a person being trained in an aircraft registered in the Territory to perform duties as a member of the flight crew of an aircraft; and
ii
he is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment; and
iii
messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft; and
iv
messages are transmitted only on a frequency exceeding 60 MHz assigned by the Governor for use on flights on which a flight radiotelephony operator acts in one of the capacities specified in paragraph (i) of this proviso; and
v
the transmitter is pre-set to one or more of the frequencies so assigned and cannot be adjusted in flight to any other frequency; and
vi
the operation of the transmitter requires the use only of external switches; and
vii
the stability of the frequency radiated is maintained automatically by the transmitter;
b
subject to the provisions of Article 20(8) of this Order, act as pilot in command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence if —
i
he is at least 17 years of age; and
ii
he is the holder of a valid medical certificate to the effect that he is fit so to act issued by a person approved by the Governor; and
iii
he complies with any conditions subject to which that medical certificate was issued; and
iv
no other person is carried in the aircraft; and
v
the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and
vi
he so acts in accordance with instructions given by a person holding a pilot’s licence granted under this Order being a licence which includes a flying instructor’s rating or an assistant flying instructor’s rating entitling him to give instruction in flying the type of aircraft being flown.
2
Subject as aforesaid, a person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered in a country other than the Territory unless —
a
in the case of an aircraft flying for the purpose of public transport or aerial work he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered; or
b
in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Governor does not in the particular case give a direction to the contrary.
3
For the purposes of this Article, a licence granted under the law of a Contracting State other than the Territory purporting to authorise the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorise him to act as a student pilot only, shall, unless the Governor in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under this Order but does not entitle the holder —
a
to act as a member of the flight crew of any aircraft flying for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or
b
in the case of a pilot’s licence, to act on any flight beginning on or after 1st July 1990 as pilot of any aircraft flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying.
4
Notwithstanding the provisions of paragraph (1) of this Article, a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in the Territory for the purpose of undergoing training or tests for the grant or renewal of a pilot’s licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the following conditions are complied with:
i
no other person shall be carried in the aircraft or in an aircraft being towed thereby except a person carried as a member of the flight crew in compliance with this Order, a person authorised by the Governor to witness the aforesaid training or tests or to conduct the aforesaid tests, or, if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft; and
ii
the person acting as the pilot of the aircraft without being the holder of an appropriate licence either —
a
within the period of 6 months immediately preceding was serving as a qualified pilot of aircraft in any of Her Majesty’s naval, military or air forces, and his physical condition has not, so far as he is aware, so deteriorated during that period as to render him unfit for the licence for which he intends to qualify; or
b
holds a pilot's, a flight navigator’s or a flight engineer’s licence granted or rendered valid under this Order and the purpose of the training or test is to enable him to qualify under this Order for the grant of a pilot’s licence or for the inclusion of an additional type in the aircraft rating in his licence and he acts under the supervision of a person who is the holder of an appropriate licence.
5
Notwithstanding the provisions of paragraph (1) of this Article, a person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the Territory for the purposes of undergoing training or tests for the grant or renewal of a flight navigator’s or a flight engineer’s licence or for the inclusion, renewal or extension of a rating thereon, without being the holder of an appropriate licence if he acts under supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.
6
Notwithstanding the provisions of paragraph (1) of this Article, a person may act as a member of the flight crew of an aircraft registered in the Territory without being the holder of an appropriate licence if, in so doing, he is acting in the course of his duty as a member of any of Her Majesty’s naval, military or air forces.
7
An appropriate licence for the purposes of this Article means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.
8
This Article shall not require a licence to be held by a person by reason of his acting as a member of the flight crew of a glider unless —
a
he acts as a flight radio operator; or
b
the flight is for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying in a glider owned or operated by a flying club of which the person giving and the person receiving instruction are both members.
9
Notwithstanding anything in this Article —
i
the holder of a licence granted or rendered valid under this Order, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in the Territory in or over the territory of a Contracting State other than the Territory, except in accordance with permission granted by the competent authorities of that State;
ii
the holder of a licence granted or rendered valid under the law of a Contracting State other than the Territory, being a licence endorsed as aforesaid, shall not act as a member of the flight crew of any aircraft in or over the Territory except in accordance with permission granted by the Governor, whether or not the licence is or is deemed to be rendered valid under this Order.
Grant, renewal and effect of Flight Crew Licences
20
1
a
The Governor may grant licences, subject to such conditions as he thinks fit, of any of the classes specified in Part A of Schedule 8 to this Order authorising the holder to act as a member of the flight crew of an aircraft registered in the Territory, upon his being satisfied that the applicant is a fit person to hold the licence, and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) and undertakes such courses of training as the Governor may require of him.
b
A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence in Part A of the said Schedule.
c
A licence granted under this Article shall not be valid unless it bears thereon the ordinary signature of the holder in ink.
d
A licence shall, subject to the provisions of Article 62 of this Order, remain in force for the periods indicated in the licence, not exceeding those respectively specified in the said Schedule, and may be renewed by the Governor from time to time upon his being satisfied that the applicant is a fit person and qualified as aforesaid. If no period is indicated in the licence it shall remain in force, subject as aforesaid, for the lifetime of the holder.
Provided that, until 1st January 1993, the said Part A of Schedule 8 shall be applied as if: —
i
in the privileges of the Commercial Pilot’s Licence (Aeroplanes), proviso (e) to paragraph (2), the proviso to paragraph (3) and paragraph (4) were omitted;
ii
the privileges of the Airline Transport Pilot’s Licence (Aeroplanes) were amended to read: —
the holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot’s Licence (Aeroplanes) except that for proviso (d) to paragraph (2) of those privileges, there shall be substituted —
he shall not at any time after he attains the age of 60 years fly such an aeroplane for the purpose of public transport if its maximum total weight authorised exceeds 20,000 kg.
;
iii
in the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes), proviso (e) to paragraph (2), the proviso to paragraph (3) and paragraph (4) were omitted; and
iv
in the privileges of the Airline Transport Pilot’s Licence (Helicopters and Gyroplanes), all the words after “shall not apply” were omitted.
2
The Governor may include in a licence a rating, subject to such conditions as he thinks fit, of any of the classes specified in Part B of the said Schedule, upon his being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating relates, and such rating shall be deemed to form part of the licence.
3
Subject to any conditions of the licence and to the provisions of this Order, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Part A of the said Schedule under the heading “privileges”, and a rating of any class shall entitle the holder of the licence in which such rating is included to perform the functions specified in respect of that rating in Part B of the said Schedule.
4
a
Subject to the provisions of sub-paragraph (c) of this paragraph, the holder of a pilot’s licence or a flight engineer’s licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of test or a valid certificate of experience, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Part C of the said Schedule and shall otherwise comply with that Part:
Provided that the holder of a Private Pilot’s Licence (Balloons and Airships) or a Commercial Pilot’s Licence (Balloons) shall be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight when the licence does not bear such a certificate.
b
The holder of a flight navigator’s licence shall not be entitled to perform functions on a flight to which Article 18(4) of this Order applies unless the licence bears a valid certificate of experience which certificate shall be appropriate to the functions he is to perform on that flight in accordance with Part C of Schedule 8 and shall otherwise comply with that Part.
c
In any case where the Private Pilot’s Licence is in such a form that it is not possible to include certificates therein, the holder of such a licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the certificate of test or certificate of experience required by sub-paragraph (a) of this paragraph is included in the personal flying log book required to be kept by him under Article 22 of this Order.
5
A person shall not be entitled to perform the functions to which an instrument rating (aeroplanes), an instrument rating (helicopters), a flying instructor’s rating, an assistant flying instructor’s rating, or an instrument meteorological conditions rating (aeroplanes) relates unless his licence bears a valid certificate of test which certificate shall be appropriate to the functions to which the rating relates in accordance with Part C of the said Schedule and shall otherwise comply with that Part.
6
A person who, on the last occasion when he took a test for the purposes of paragraphs (4) or (5) of this Article, failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it.
7
a
The holder of a licence, other than a flight radiotelephony operator’s licence, granted under this Article shall not be entitled to perform any of the functions to which his licence relates unless it includes a valid medical certificate.
b
Every applicant for or holder of such a licence shall upon such occasions as the Governor may require submit himself to medical examination by a person approved by the Governor either generally or in a particular case or class of case who shall make a report to the Governor in such form as the Governor may require.
c
Where the medical examination referred to in sub-paragraph (b) of this paragraph has been conducted in the Territory, the Governor or any person approved by him as competent to do so may, on the basis thereof, issue a medical certificate subject to such conditions as he thinks fit to the effect that he has assessed the holder of the licence as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to paragraph (8) of this Article, be valid for such period as is therein specified and shall be deemed to form part of the licence.
d
Where the medical examination is conducted outside the Territory the person conducting the examination shall, in addition to making a report to the Governor, issue a certificate certifying, if such is, in his opinion, the case, that the holder of the licence is fit to perform the functions to which the licence relates and the said certificate may be deemed by the Governor to be a medical certificate for the purposes of this Article, and if so shall be valid for such period as may be specified therein in writing by the person conducting the examination.
8
a
A person shall not be entitled to act as a member of the flight crew of an aircraft registered in the Territory if he knows or suspects that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.
b
Every holder of a medical certificate issued under Article 19 or 20 of this Order who —
i
suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew; Or
ii
suffers any illness involving incapacity to undertake those functions throughout a period of 20 days or more; or
iii
in the case of a woman, has reason to believe that she is pregnant
shall inform the Governor in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 20 days has elapsed in the case of illness. The medical certificate shall be deemed to be suspended upon the occurrence of such injury or the elapse of such period of illness or the confirmation of the pregnancy, and —
aa
in the case of injury or illness the suspension shall cease upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume his functions as a member of the flight crew or upon the Governor exempting, subject to such conditions as he thinks fit, the holder from the requirement of a medical examination; and
bb
in the case of pregnancy, the suspension may be lifted by the Governor for such period and subject to such conditions as he thinks fit and shall cease upon the holder being medically examined under arrangements made by the Governor after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.
9
Nothing in this Order shall prohibit the holder of a pilot’s licence from acting as pilot of an aircraft having a maximum total weight authorised not exceeding 5,700 kg. when, with the permission of the Governor, he is testing any person for the purposes of paragraph (1), (2), (4) or (5) of this Article, notwithstanding that the type of aircraft in which the test is conducted is not specified in the aircraft rating included in his licence or that the licence or personal flying log book, as the case may be, does not include a valid certificate of test or a valid certificate of experience in respect of the type of aircraft.
10
Where any provision of Part C of Schedule 8 or Part B of Schedule 10 to this Order permits a test to be conducted in a flight simulator approved by the Governor, that approval may be granted subject to such conditions as the Governor thinks fit.
11
Without prejudice to any other provision of this Order the Governor may, for the purpose of this Article, either absolutely or subject to such conditions as he thinks fit —
a
approve any course of training or instruction;
b
authorise a person to conduct such examinations or tests as he may specify;
c
approve a person to provide any course of training or instruction; and
d
approve a person as qualified to furnish reports to him and to accept such reports.
Validation of licences
21
The Governor may issue a certificate of validation rendering valid for the purposes of this Order any licence as a member of the flight crew of aircraft granted under the law of any country other than the Territory. A certificate of validation may be issued subject to such conditions and for such periods as the Governor thinks fit.
Personal flying log book
22
1
Every member of the flight crew of an aircraft registered in the Territory and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under this Order shall keep a personal flying log book in which the following particulars shall be recorded —
a
the name and address of the holder of the log book;
b
particulars of the holder’s licence (if any) to act as member of the flight crew of an aircraft;
c
the name and address of his employer (if any).
2
Particulars of each flight during which the holder of the log book acted either as a member of the flight crew of an aircraft or for the purpose of qualifying for the grant or renewal of a licence under this Order, as the case may be, shall be recorded in the log book at the end of each flight or as soon thereafter as is reasonably practicable, including —
a
the date, the places at which the holder embarked on and disembarked from the aircraft and the time spent during the course of a flight when he was acting in either capacity;
b
the type and registration mark of the aircraft;
c
the capacity in which the holder acted in flight;
d
particulars of any special conditions under which the flight was conducted including night-flying and instrument flying;
e
particulars of any test or examination undertaken whilst in flight.
3
For the purposes of this Article, a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.
4
Particulars of any test or examination undertaken whilst in a flight simulator shall be recorded in the log book, including —
a
the date of the test or examination;
b
the type of simulator;
c
the capacity in which the holder acted;
d
the nature of the test or examination.
Instruction in flying
23
1
A person shall not give any instruction in flying to which this Article applies unless —
a
he holds a licence, granted or rendered valid under this Order, entitling him to act as pilot in command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and
b
his licence includes a flying instructor’s rating or an assistant flying instructor’s rating entitling the holder to give the instruction.
2
This Article applies to instruction in flying given to any person flying or about to fly a flying machine or glider for the purpose of becoming qualified for —
a
the grant of a pilot’s licence;
b
the inclusion or variation of any rating in his licence:
Provided that this Article shall not apply to any instruction in flying given to a person for the purpose of becoming qualified for the inclusion in his licence of an aircraft rating entitling him to act as pilot of a multi-engined aircraft or of an aircraft of any class appearing in column 4 of the Table in Part A of Schedule 1 to this Order if that person has previously been entitled under the Order, or qualified in any of Her Majesty’s naval, military or air forces, to act as pilot of multi-engined aircraft, or of an aircraft of that class as the case may be.
Glider pilot-minimum age
24
A person under the age of 16 years shall not act as pilot in command of a glider.
PART V
OPERATION OF AIRCRAFT
Operations Manual
25
1
This Article shall apply to public transport aircraft registered in the Territory except aircraft whose maximum total weight authorised does not exceed 2,730 kg. and which are used for the time being solely for flights not intended to exceed 60 minutes in duration, which are either —
a
flights solely for training persons to perform duties in an aircraft; or
b
flights intended to begin and end at the same aerodrome.
2
a
The operator of every aircraft to which this Article applies shall —
i
make available to each member of his Operating staff an operations manual, and
ii
ensure that each copy of the operation manual is kept up to date, and
iii
ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.
b
Each operations manual shall contain all such information and instructions as may be necessary to enable the Operating staff to perform their duties as such including in particular information and instructions relating to the matters specified in Part A of Schedule 10 to this Order:
Provided that the operations manual shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.
3
a
An aircraft to which this Article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Governor a copy of the whole of the Operations manual for the time being in effect in respect of the aircraft.
b
Any amendments or additions to the Operations manual shall be furnished to the Governor by the operator before or immediately after they come into effect:
Provided that, where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Governor.
c
Without prejudice to the foregoing sub-paragraphs the operator shall make such amendments or additions to the operations manual as the Governor may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.
4
For the purposes of this Article, and of Article 42 of, and Schedule 10 to, this Order, “operating staff” means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions.
5
If in the course of a flight on which the equipment specified in Scale O in paragraph 5 of Schedule 4 hereto is required to be provided the said equipment becomes unserviceable, the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the operations manual.
Training manual
26
1
The operator of every aircraft registered in the Territory and flying for the purpose of public transport shall:
a
make a training manual available to every person appointed by the operator to give or to supervise the training, experience, practice or periodical tests required under Article 27(2) of this Order; and
b
ensure that each copy of that training manual is kept up to date.
2
Each training manual shall contain all such information and instructions as may be necessary to enable a person appointed by the operator to give or to supervise the training, experience, practice and periodical tests required under Article 27(2) of this Order to perform his duties as such including in particular information and instructions relating to the matters specified in Part C of Schedule 10 to this Order.
3
a
An aircraft to which this Article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Governor a copy of the whole of his training manual relating to the crew of that aircraft.
b
Any amendments or additions to the training manual shall be furnished to the Governor by the operator before or immediately after they come into effect:
Provided that where an amendment or addition relates to training, experience, practice or periodical tests on an aircraft to which the training manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Governor.
c
Without prejudice to the foregoing sub-paragraphs the operator shall make such amendments or additions to the training manual as the Governor may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.
Public transport-operators responsibilities
27
1
The operator of an aircraft registered in the Territory shall not permit the aircraft to fly for the purpose of public transport without first —
a
designating from among the flight crew a pilot to be the commander of the aircraft for the flight; and
b
satisfying himself by every reasonable means that the aeronautical radio stations and navigational aids serving the intended route or any planned diversion therefrom are adequate for the safe navigation of the aircraft; and
c
satisfying himself by every reasonable means that the aerodromes at which it is intended to take-off or land and any alternate aerodrome at which a landing may be made are suitable for the purpose and in particular are adequately manned and equipped (including such manning and equipment as is specified in Regulation 14 in Schedule 14 to this Order) to ensure the safety of the aircraft and its passengers:
Provided that the operator of the aircraft shall not be required to satisfy himself as to the adequacy of fire-fighting, search, rescue or other services which are required only after the occurrence of an accident.
2
The operator of an aircraft registered in the Territory shall not permit any person to be a member of the crew thereof during any flight for the purpose of public transport (except a flight for the sole purpose of training persons to perform duties in aircraft) unless such person has had the training, experience, practice and periodical tests specified in Part B of Schedule 10 to this Order in respect of the duties which he is to perform and unless the operator has satisfied himself that such person is competent to perform his duties, and in particular to use the equipment provided in the aircraft for that purpose. The operator shall maintain, preserve, produce and furnish information respecting records relating to the foregoing matters in accordance with Part B of the said Schedule 10.
3
The operator of an aircraft registered in the Territory shall not permit any member of the flight crew thereof, during any flight for the purpose of the public transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.
Loading-public transport aircraft and suspended loads
28
1
The operator of an aircraft registered in the Territory shall not cause or permit it to be loaded for a flight for the purpose of public transport, or any load to be suspended therefrom, except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that —
a
the load may safely be carried on the flight, and
b
any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft, are complied with.
2
The instructions shall indicate the weight of the aircraft prepared for service, that is to say the aggregate of the weight of the aircraft (shown in the weight schedule referred to in Article 16 of this Order) and the weight of such additional items in or on the aircraft as the operator thinks fit to include; and the instructions shall indicate the additional items included in the weight of the aircraft prepared for service, and show the position of the centre of gravity of the aircraft at that weight:
Provided that this paragraph shall not apply in relation to a flight if —
a
the aircraft’s maximum total weight authorised does not exceed 1,150 kg.; or
b
the aircraft’s maximum total weight authorised does not exceed 2,730 kg. and the flight is intended not to exceed 60 minutes in duration and is either —
ii
a flight solely for training persons to perform duties in an aircraft; or
iii
a flight intended to begin and end at the same aerodrome; or
c
the aircraft is a helicopter the maximum total weight authorised of which does not exceed 3,000 kg., and the total seating capacity of which does not exceed five persons.
3
The operator of an aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in paragraph (1) of this Article.
4
The person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the requirements specified in Regulation 1 in Schedule 14 to this Order, and shall (unless he is himself the commander of the aircraft) submit the load sheet for examination by the commander of the aircraft who shall sign his name thereon:
Provided that the foregoing requirements of this paragraph shall not apply if —
the load and the distributing and securing thereof upon the next intended flight are to be unchanged from the previous flight and the commander of the aircraft makes and signs an endorsement to that effect upon the load sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended place of destination; or
paragraph (2) of this Article does not apply in relation to the flight.
5
One copy of the load sheet shall be carried in the aircraft when Article 57 of this Order so requires until the flights to which it relates have been completed and one copy of that load sheet and of the instructions referred to in this Article shall be preserved by the operator until the expiration of a period of 6 months thereafter and shall not be carried in the aircraft:
Provided that in the case of an aeroplane of which the maximum total weight authorised does not exceed 2,730 kg., or a helicopter, if it is not reasonably practicable for the copy of the load sheet be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a box approved by the Governor for that purpose.
6
The operator of an aircraft registered in the Territory and flying for the purpose of the public transport of passengers shall not cause or permit baggage to be carried in the passenger compartment of the aircraft unless such baggage can be properly secured and, in the case of an aircraft capable of seating more than 30 passengers, such baggage shall not exceed the capacity of the spaces in the passenger compartment approved by the Governor for the purpose of stowing baggage.
Public transport-operating conditions
29
1
An aircraft registered in the Territory shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the relevant requirements specified in Regulations 3 to 11 inclusive in Schedule 14 to this Order in respect of its weight and related performance and flight in specified meteorological conditions or at night are complied with.
2
The assessment of the ability of an aircraft to comply with paragraph (1) of this Article shall be based on the information as to its performance contained in the certificate of airworthiness relating to the aircraft. In the event of the information given therein being insufficient for that purpose such assessment shall be based on the best information available to the commander of the aircraft.
3
A flying machine registered in the Territory when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aircraft —
a
if it has one engine only, in the event of the failure of that engine;
b
if it has more than one engine, in the event of the failure of one of those engines, and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness relating to the aircraft
to reach a place at which it can safely land at a height sufficient to enable it to do so.
4
Without prejudice to the provisions of paragraph (3) of this Article, an aeroplane in respect of which there is in force under this Order a certificate of airworthiness designating the aeroplane as being of performance group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore, unless the aeroplane has more than two power units. For the purposes of this paragraph, flying time shall be calculated at normal cruising speed with one power unit inoperative.
5
Without prejudice to the provisions of paragraph (3) of this Article, a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance group B shall not fly over water for the purpose of public transport so as to be more than 20 seconds flying time from a point from which it can make an autorotative descent to land suitable for an emergency landing unless it is equipped with apparatus approved by the Governor enabling it to land safely on water, but shall not so fly on any flight for more than three minutes except with the permission in writing of the Governor and in accordance with any conditions subject to which that permission may have been given. For the purpose of this paragraph, flying time shall be calculated on the assumption that the helicopter is flying in still air at the speed specified in the certificate of airworthiness in force in respect of the helicopter as the speed for compliance with regulations governing flights over water.
6
Without prejudice to the provisions of paragraph (3) of this Article, a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance group A2 shall not fly over water for the purpose of public transport for more than 15 minutes during any flight unless it is equipped with apparatus approved by the Governor enabling it to land safely on water.
7
Notwithstanding the provisions of paragraph (1) of this Article a helicopter in respect of which there is in force under this Order a Certificate of Airworthiness designating the helicopter as being of performance Group A or Group A (Restricted) may fly for the purpose of public transport in accordance with the weight and related performance requirements prescribed for helicopters designated as being of: —
a
performance Group A (Restricted) in the case of a helicopter designated as being of performance Group A if:
i
the maximum total weight authorised of the helicopter is less than 5,700 kg; and
ii
the total number of passengers carried on the helicopter does not exceed is; or
b
performance Group B if:
i
the maximum total weight authorised of the helicopter is less than 2,730 kg; and
ii
the total number of passengers carried does not exceed 9.
Aircraft registered in the Territory-Aerodrome operating minima
30
1
a
The operator of every aircraft to which Article 25 of this Order applies shall establish and include in the operations manual relating to the aircraft such particulars of aerodrome operating minima as are appropriate to every aerodrome of intended departure or landing and every alternate aerodrome:
Provided that in relation to any flight wherein it is not practicable to include such information in the operations manual the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished, in writing, to the commander of the aircraft such particular of the aerodrome operating minima as are appropriate to every aerodrome of intended departure or landing and every alternate aerodrome and calculated in accordance with the specified method; and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months.
b
The operator of every such aircraft shall include in the operations manual relating to that aircraft such data and instructions as will enable the commander of the aircraft to calculate aerodrome such operating minima as appropriate to aerodromes the use of which could not reasonably have been foreseen by the operator prior to the commencement of the flight.
2
The aerodrome operating minima specified shall not, in respect of any aerodrome, be less favourable than any declared in respect of that aerodrome by the competent authority, unless that authority otherwise permits in writing.
3
In establishing aerodrome operating minima for the purposes of this Article the operator of the aircraft shall take into account the following matters —
a
the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness; and
b
the composition of its crew; and
c
the physical characteristics of the relevant aerodrome and its surroundings; and
d
the dimensions of the runways which may be selected for use; and
e
whether or not there are in use at the relevant aerodrome any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids;
and shall establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which can reasonably be expected.
4
An aircraft to which Article 25 of this Order applies shall not commence a flight at a time when —
a
the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minimum specified for take-off; or
b
according to the information available to the commander of the aircraft it would not be able, without contravening paragraph (5) of this Article, to land at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.
5
An aircraft to which Article 25 of this Order applies when making a descent to an aerodrome shall not: —
a
descend below 1000 feet above the height of the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing: or
b
i
continue an approach to landing at any aerodrome by flying below the relevant specified decision height, or
ii
descend below the relevant specified minimum descent height
unless from that height the specified visual reference for landing is established and is maintained.
6
If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air and Air Traffic Control to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
7
In this Article “specified” in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or furnished in writing to the commander of the aircraft by the operator pursuant to the proviso to paragraph (1) (a) of this Article.
Aircraft not registered in the Territory-aerodrome operating minima
31
1
A public transport aircraft registered in a country other than the Territory shall not fly in or over the Territory unless the operator thereof shall have furnished to the Governor such particulars as he may from time to time have required relating to the aerodrome operating minima specified by the operator in relation to aerodromes in the Territory for the purpose of limiting their use by the aircraft for take-off or landing, including any instructions given by the operator in relation to such aerodrome operating minima. The aircraft shall not fly in or over the Territory unless the operator shall have made such amendments or additions to the aerodrome operating minima so specified and any instructions so given as the Governor may require for the purpose of ensuring the safety of the aircraft or the safety, efficiency or regularity of air navigation.
2
The aircraft shall not take off or land at an aerodrome in the Territory in contravention of the specified aerodrome operating minima or the specified instruction.
3
Without prejudice to the provisions of paragraph (2) of this Article, a public transport aircraft registered in a country other than the Territory when making a descent to an aerodrome shall not: —
a
descend below 1000 feet above the height of an aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing; or
b
i
continue an approach to landing at any aerodrome by flying below the relevant specified decision height, or
ii
descend below the relevant specified minimum descent height
unless from that height the specified visual reference for landing is established and is maintained.
4
In this Article “specified” in relation to an aircraft means specified by the operator in, or ascertainable by reference to, the particulars furnished by the operator to the Governor pursuant to paragraph (1) of this Article.
Preflight action by commander of aircraft
32
The commander of an aircraft registered in the Territory shall satisfy himself before the aircraft takes off —
a
that the flight can safely be made, taking into account the latest information available as to the route and aerodromes to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;
b
that the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is carried and is in a fit condition for use;
c
that the aircraft is in every way fit for the intended flight, and that where a certificate of maintenance review is required by Article 9(1) of this Order to be in force, it is in force and will not cease to be in force during the intended flight;
d
that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight;
e
in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies, and, in the case of a flight for the purpose of public transport, that the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;
f
in the case of an airship or balloon, that sufficient ballast is carried for the intended flight;
g
in the case of a flying machine, that, having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination;
h
that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft.
Pilots to remain at controls
33
1
The commander of an aircraft registered in the Territory, being a flying machine or glider, shall cause one pilot to remain at the controls at all times while the aircraft is in flight. If the aircraft is required by or under this Order to carry two pilots, the commander shall cause both pilots to remain at the controls during take-off and landing. If the aircraft carries two or more pilots (whether or not it is required to do so) and is engaged on a flight for the purpose of the public transport of passengers the commander shall remain at the controls during take-off and landing.
2
Each pilot at the controls shall be secured in his seat by either a safety belt with or without one diagonal shoulder strap, or a safety harness except that during take-off and landing a safety harness shall be worn if it is required by Article 13 of this Order to be provided.
Wearing of survival suits by crew
33A
Each member of the crew of an aircraft registered in the Territory shall wear a survival suit if such a suit is required by Article 13 of this Order to be carried.
Public transport of passengers-duties of commander
34
1
This Article applies to flights for the purpose of the public transport of passengers by aircraft registered in the Territory.
2
In relation to every flight to which this Article applies the commander of the aircraft shall —
a
before the aircraft takes off, take all reasonable steps to ensure that all passengers are made familiar with the position and method of use of emergency exits, safety belts, safety harnesses, and (where required to be carried) oxygen equipment and lifejackets, and all other devices required by or under this Order and intended for use by passengers individually in case of an emergency occurring to the aircraft;
b
i
if the aircraft is not a seaplane but is intended in the course of the flight to reach a point more than 30 minutes flying time (while flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water) from the nearest land, take all reasonable steps to ensure that before take-off, all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers;
ii
if the aircraft is not a seaplane but is required by Article 18(7)
of this Order to carry cabin attendants, take all reasonable steps to ensure that, before the aircraft takes-off on a flight:
aa
which is intended to proceed beyond gliding distance from land, or
bb
on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the aircraft would be forced to land onto water;
all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers;
Provided that where the only requirement to give such a demonstration arises because it is reasonably possible that the aircraft would be forced to land onto water at one or more of the likely alternate destinations the demonstration need not be given until after the decision has been taken to divert to such a destination;
c
if the aircraft is a seaplane, take all reasonable steps to ensure that before the aircraft takes off all passengers are given a demonstration of the method of use of the equipment referred to in the preceding sub-paragraph;
d
before the aircraft takes off, and before it lands, take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and that any persons carried in compliance with Article 18(7) of this Order are properly secured in seats which shall be in a passenger compartment and which shall be so situated that those persons can readily assist passengers;
e
before the aircraft takes-off, and before it lands, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary: —
i
take all reasonable steps to ensure that all passengers of two years of age or more are properly secured in their seats by safety belts or safety harnesses and that all passengers under the age of two years are properly secured by means of a child restraint device; and
ii
take all reasonable steps to ensure that those items of baggage in the passenger compartment which he reasonably considers ought by virtue of their size, weight or nature to be properly secured are properly secured and, in the case of an aircraft capable of seating more than 30 passengers, that such baggage is stowed in the passenger compartment stowage spaces approved by the Governor for the purpose;
f
in an emergency, take all reasonable steps to ensure that all passengers are instructed in the emergency action which they should take;
g
in the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1st January 1989 except in a case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that —
i
before the aircraft reaches flight level 100 the method of use of the oxygen provided in the aircraft in compliance with the requirements of Article 13 of this Order is demonstrated to all passengers;
ii
when flying above flight level 120 all passengers and cabin attendants are recommended to use oxygen;
iii
during any period when the aircraft is flying above flight level 100 oxygen is used by all the flight crew of the aircraft;
h
in the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in the Territory or elsewhere) prior to 1st January 1991, except in the case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that —
i
before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of Article 13 of this Order is demonstrated to all passengers;
ii
when flying above flight level 130 all passengers and cabin attendants are recommended to use oxygen;
iii
during any period when the aircraft is flying above flight level 130 or on and after 1st January 1989 above flight level 100 oxygen is used by all the flight crew of the aircraft:
Provided that he need not comply with the provisions of this subparagraph (h) if he complies instead with the provisions of sub-paragraph (g) of this Article.
Operation of radio in aircraft
35
1
The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under that law.
2
Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by the aircraft:
Provided that —
a
the radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits; and
b
the watch may be kept by a device installed in the aircraft if —
i
the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and
ii
that station is notified, or in the case of a station situated in a country other than the Territory, otherwise designated as transmitting a signal suitable for that purpose.
3
Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he may be instructed by the appropriate air traffic control unit or as may be notified in relation to any notified airspace in which the aircraft is flying.
4
The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows:
a
emission of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;
b
distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;
c
messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice;
d
such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1) of this Article.
5
In every aircraft registered in the Territory which is equipped with radio communication apparatus a telecommunication log book shall be kept in which the following entries shall be made:
a
the identification of the aircraft radio station;
b
the date and time of the beginning and end of every radio watch maintained in the aircraft and of the frequency on which it was maintained;
c
the date and time, and particulars of all messages and signals sent or received, including in particular details of any distress signals or distress messages sent or received;
d
particulars of any action taken upon the receipt of a distress signal or distress message;
e
particulars of any failure or interruption of radio communications and the cause thereof:
Provided that a telecommunication log book shall not be required to be kept in respect of communication by radiotelephony with a radio station on land or on a ship which provides a radio service for aircraft.
6
The flight radio operator maintaining radio watch shall sign the entries in the telecommunication log book indicating the times at which he began and ended the maintenance of such watch.
7
The telecommunication log book shall be preserved by the operator of the aircraft until a date 6 months after the date of the last entry therein.
8
In any flying machine registered in the Territory which is engaged on a flight for the purpose of public transport the pilot and the flight engineer(if any) shall not make use of a hand-held microphone (whether for the purpose of radio communication or of intercommunication within the aircraft) whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing.
Minimum navigation performance
36
An aircraft registered in the Territory shall not fly in airspace prescribed for the purposes of this Article by Regulation 17 of Schedule 14 to this Order unless —
a
it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability; and
b
the navigation systems required by paragraph (a) hereof are approved by the Governor and installed and maintained in a manner approved by the Governor; and
c
the operating procedures for the navigation systems required by paragraph (a) hereof are approved by the Governor; and
d
the equipment is operated in accordance with the approved procedures while the aircraft is flying in the said airspace.
Use of flight recording systems and preservation of records
37
1
On any flight on which a flight data recorder or a cockpit voice recorder is required by sub-paragraph 4(4) or (5) of Schedule 4 to this Order to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of the landing run.
2
The operator of the aeroplane shall at all times, subject to the provisions of Article 61 of this Order, preserve —
a
the last 25 hours of recording made by any flight data recorder required by or under this Order to be carried in an aeroplane; and
b
a record of not less than one representative flight, that it to say, a recording of a flight made within the last twelve months which includes a take-off, climb, cruise, descent, approach to landing and landing, together with a means of identifying the record with the flight to which it relates;
and shall preserve such records for such period as the Governor may in a particular case direct.
3
On any flight on which a cockpit voice recorder is required by paragraph 4(10) (c) of Schedule 4 of this Order to be carried in a helicopter, it shall always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped.
Towing of gliders
38
1
An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which that aircraft is registered includes an express provision that it may be used for that purpose.
2
The length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 metres.
3
The commander of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off —
a
that the tow rope is in good condition and is of adequate strength for the purpose, and that the combination of towing aircraft and glider, having regard to its performance in the conditions to be expected on the intended flight and to any obstructions at the place of departure and on the intended route, is capable of safely taking off, reaching and maintaining a safe height at which to separate the combination and that thereafter the towing aircraft can make a safe landing at the place of intended destination;
b
that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely;
c
that emergency signals have been agreed between the commander of the towing aircraft and the commander of the glider, to be used, respectively, by the commander of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the commander of the glider to indicate that the tow cannot be released.
4
The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.
Towing, picking up and raising of persons and articles
39
1
Subject to the provisions of this Article, an aircraft in flight shall not, by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that is may be used for that purpose.
2
An aircraft shall not launch or pick up tow ropes, banners or similar articles other than at an aerodrome.
3
An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than one nautical mile.
4
The length of the combination of towing aircraft, tow rope, and article in tow, shall not exceed 150 metres.
5
A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when any person, article or animal is suspended from the helicopter.
6
A passenger shall not be carried in a helicopter at any time when an article, person or animal is suspended therefrom, other than a passenger who has duties to perform in connection with the article, person or animal or a passenger who has been picked up or raised by means external to the helicopter or a passenger who it is intended shall be lowered to the surface by such means.
7
Nothing in this Article shall —
a
prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purposes, or any signal, apparatus or article required or permitted by or under this Order to be towed or displayed by an aircraft in flight;
b
prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life;
c
apply to any aircraft while it is flying in accordance with the “B Conditions” set forth in Schedule 2 to this Order;
d
be taken to permit the towing or picking up of a glider otherwise than in accordance with Article 38 of this Order.
Dropping of animals and articles
40
1
Articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.
2
Except under and in accordance with the terms of an aerial application certificate granted under Article 42 of this Order articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft flying over the Territory:
Provided that this paragraph shall not apply to the dropping of articles by, or with the authority of, the commander of the aircraft in any of the following circumstances:
the dropping of articles for the purpose of saving life;
the jettisoning, in case of emergency, of fuel or other articles in the aircraft;
the dropping of ballast in the form of fine sand or water;
the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of this Order;
the dropping at an aerodrome of tow ropes, banners, or similar articles towed by aircraft;
the dropping of articles for the purposes of public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Governor and in accordance with any conditions subject to which that permission may have been given,
the dropping of wind drift indicators for the purpose of enabling parachute descents to be made if the wind drift indicators are dropped with the permission of the Governor and in accordance with any conditions subject to which that permission may have been given.
3
For the purposes of this Article dropping includes projecting and lowering.
4
Nothing in this Article shall prohibit the lowering of any animal or article from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.
Dropping of persons
41
1
A person shall not drop, be dropped or permitted to drop to the surface or jump from an aircraft flying over the Territory except under and in accordance with the terms of a written permission granted by the Governor under this Article.
2
For the purpose of this Article dropping includes projecting and lowering.
3
Notwithstanding the grant of a permission under paragraph (1) of this Article, a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.
4
An aircraft shall not be used for the purpose of dropping persons unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose and the aircraft is operated in accordance with the written permission granted by the Governor under this Article.
5
Every applicant for and every holder of a permission shall make available to the Governor if requested to do so a parachuting manual and shall make such amendments or additions to such manual as the Governor may require. The holder of a permission shall make available to every employee or person who is engaged or may engage in parachuting activities conducted by him the manual which shall contain all such information and instructions as may be necessary to enable such employees or persons to perform their duties.
6
Without prejudice to any other provision to this Order the Governor may, for the purpose of this Article, accept reports furnished to him by a person whom he may approve, either absolutely or subject to such conditions as he thinks fit, as qualified to furnish such reports.
7
Nothing in this Article shall apply to the descent of persons by parachute from an aircraft in an emergency.
8
Nothing in this Article shall prohibit the lowering of any person in an emergency or for the purpose of saving life.
9
Nothing in this Article shall prohibit the lowering of any person from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.
Issue of aerial application certificates
42
1
An aircraft shall not be used for the dropping of articles for the purposes of agriculture, horticulture or forestry or for training for the dropping of articles for any of such purposes, otherwise than under and in accordance with the terms of an aerial application certificate granted to the operator of the aircraft under paragraph (2) of this Article.
2
The Governor may grant to any person applying therefor an aerial application certificate if he is satisfied that that person is a fit person to hold the certificate and is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing and other arrangements, to secure the safe operation of the aircraft specified in the certificate on flights for the purposes specified in paragraph (1) of this Article. The certificate may be granted subject to such conditions as the Governor thinks fit including, without prejudice to the generality of the foregoing, conditions for ensuring that the aircraft and any article dropped from it do not endanger persons or property in the aircraft or elsewhere, and shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified in the certificate.
3
Every applicant for and holder of an aerial application certificate shall make available to the Governor upon application and to every member of his operating staff upon the certificate being granted an aerial application manual which shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such. The holder of a certificate shall make such amendments of or additions to the manual as the Governor may require.
4
For the purposes of this Article “operating staff” has the meaning ascribed to it in Article 25(4) of this Order.
Carriage of weapons and of munitions of war
43
1
An aircraft shall not carry any munition of war unless —
a
such munition of war is carried with the written permission of the Governor and in accordance with any conditions relating thereto, and
b
the commander of the aircraft is informed in writing by the operator before the flight commences of the type, weight or quantity and location of any such munition of war on board or suspended beneath the aircraft and any conditions of the permission of the Governor.
2
Notwithstanding paragraph (1) of this Article it shall be unlawful for an aircraft to carry any weapon or munition of war in any compartment or apparatus to which passengers have access.
3
It shall be unlawful for a person to carry or have in his possession or to take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any weapon or munition of war unless —
a
the weapon or munition of war:
i
is either part of the baggage of a passenger on the aircraft or consigned as cargo to be carried thereon, and
ii
is carried in a part of the aircraft or in any apparatus attached to the aircraft inaccessible to passengers, and
iii
in case of a firearm, is unloaded, and
b
particulars of the weapon or munition of war have been furnished by that passenger or by the consignor to the operator before the flight commences, and
c
without prejudice to paragraph (1) of this Article the operator consents to the carriage of such weapon or munition of war by the aircraft.
4
Nothing in this Article shall apply to any weapon or munition of war taken or carried on board an aircraft registered in a country other than the Territory, if the weapon or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.
5
For the purposes of this Article a “munition of war” means any weapon, ammunition or article containing an explosive or any noxious liquid, gas or other thing which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition.
Carriage of dangerous goods
44
1
It shall be an offence to contravene or permit the contravention of or fail to comply with any of the regulations set out in Schedule 15 to this Order:
Provided that the Governor may, with the approval of the Secretary of State, make regulations which supplement, amend or replace the regulations set out in the said Schedule 15, and which prescribe —
the classification of certain articles and substances as dangerous goods;
the categories of dangerous goods which an aircraft may not carry;
the conditions which apply to the loading on, suspension beneath and carriage by an aircraft of dangerous goods;
the manner in which dangerous goods must be packed, marked, labelled and consigned before being loaded on, suspended beneath or carried by an aircraft;
any other provisions for securing the safety of aircraft and any apparatus attached thereto and the safety of persons and property on the surface in relation to the loading on, suspension beneath or carriage by an aircraft of dangerous goods;
the persons to whom information about the carriage of dangerous goods must be provided;
the documents relating to the carriage by an aircraft of dangerous goods which must be produced to the Governor or an authorised person on request.
2
The provisions of paragraph (1) of this Article shall be without prejudice to any other provisions of this Order; and the provisions of paragraph (1) of this Article, of Schedule 15 to this Order and of any regulations supplementing, amending or replacing the regulations set out in the said Schedule 15 shall be additional to and not in derogation from the provisions of Article 43 of this Order.
Method of carriage of persons
45
A person shall not be in or on any part of an aircraft in flight which is not a part designed for the accommodation of persons and in particular a person shall not be on the wings or undercarriage of an aircraft. A person shall not be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight:
Provided that a person may have temporary access to —
any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods therein;
any part of an aircraft in which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aircraft is in flight.
Exits and break-in markings
46
1
This Article shall apply to every public transport aircraft registered in the Territory.
2
Whenever an aircraft to which this Article applies is carrying passengers, every exit therefrom and every internal door in the aircraft shall be in working order, and during take-off and landing and during any emergency, every such exit and door shall be kept free of obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers:
Provided that —
an exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Governor either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers;
a door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the commander of the aircraft so determines, for the purpose of preventing access by passengers to the flight crew compartment;
nothing in this paragraph shall apply to any internal door which is so placed that it cannot prevent, hinder or delay the exit of passengers from the aircraft in an emergency if it is not in working order.
3
Every exit from the aircraft shall be marked with the words “Exit” or “Emergency Exit” in capital letters.
4
a
Every exit from the aircraft shall be marked with instructions in English and with diagrams, to indicate the correct method of opening the exit.
b
The markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it is openable from the outside of the aircraft, on or near the exterior surface.
5
a
Every aircraft to which this Article applies, being an aircraft of which the maximum total weight authorised exceeds 3,600 kg., shall be marked upon the exterior surface of its fuselage with markings to show the areas (in this paragraph referred to as “break-in areas”) which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.
b
The break-in areas shall be rectangular in shape and shall be marked by right-angled corner markings, each arm of which shall be 10 centimetres in length along its outer edge and 2.5 centimetres in width.
c
The words “Cut Here in Emergency” shall be marked across the centre of each break-in area in capital letters.
6
On every flight by an aircraft to which this Article applies, being an aircraft of which the maximum total weight authorised exceeds 5,700 kg., every exit from such an aircraft intended to be used by passengers in an emergency shall be marked upon the exterior of the aircraft by a band not less than 5 centimetres in width outlining the exit.
7
The markings required by this Article shall —
a
be painted, or affixed by other equally permanent means;
b
except in the case of the markings required by paragraph (6) of this Article, be red in colour, and in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white or some other contrasting colour in such a manner as to render them readily visible;
c
in the case of the markings required by paragraph (6) of this Article, be of a colour clearly contrasting with the background on which it appears;
d
be kept at all times clean and unobscured.
8
If one, but not more than one, exit from an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this Article shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced:
Provided that —
the number of passengers carried and the position of the seats which they occupy is in accordance with arrangements approved by the Governor either in relation to the particular aircraft or to a class of aircraft; and
in accordance with arrangements so approved, the exit is fastened by locking or otherwise, the words “Exit” or “Emergency Exit” are covered, and the exit is marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the words “No exit” in red letters.
Imperilling safety of aircraft
47
A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein.
Imperilling safety of any person or property
48
A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property.
Drunkenness in aircraft
49
1
A person shall not enter any aircraft when drunk, or be drunk in any aircraft.
2
A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act.
Smoking in aircraft
50
1
Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in the Territory so as to be visible from each passenger seat therein.
2
A person shall not smoke in any compartment of an aircraft registered in the Territory at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.
Authority of commander of aircraft
51
Every person in an aircraft registered in the Territory shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.
Stowaways
52
A person shall not secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander thereof or of any other person entitled to give consent to his being carried in the aircraft.
PART VI
FATIGUE OF CREW
Application and interpretation of Part VI
53
1
Articles 54 and 55 of this Order apply in relation to any aircraft registered in the Territory which is either: —
a
engaged on a flight for the purpose of public transport, or
b
operated by an air transport undertaking:
Provided that the said Articles shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or flying school, or a person who is not an air transport undertaking.
2
In this Part of this Order, the following expressions shall, except where the context otherwise requires, have the meanings hereby respectively assigned to them, that is to say —
a
‘flight time’, in relation to any person, means all time spent by that person in an aircraft whether or not registered in the Territory (other than an aircraft of which the maximum total weight authorised does not exceed 1,600 kg. and which is not flying for the purpose of public transport or aerial work) while it is in flight and he is carried therein as a member of the crew thereof;
b
‘day’ means a continuous period of 24 hours beginning at midnight Greenwich Mean Time.
3
For the purposes of this Part of the Order, a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.
Fatigue of crew-operator’s responsibilities
54
1
The operator of an aircraft to which this Article applies shall not cause or permit that aircraft to make a flight unless:
a
he has established a scheme for the regulation of flight times for every person flying in that aircraft as a member of its crew; and
b
the scheme is approved by the Governor subject to such conditions as he thinks fit; and
c
either —
i
the scheme is incorporated in the operations manual required by Article 25 of this Order; or
ii
in a case where an operations manual is not required by that Article the scheme is incorporated in a document, a copy of which has been made available to every person flying in that aircraft as a member of its crew; and
d
he has taken all such steps as are reasonably practicable to ensure that the provisions of the scheme will be complied with in relation to every person flying in that aircraft as a member of its crew.
2
The operator of an aircraft to which this Article applies shall not cause or permit any person to fly therein as a member of its crew if he knows or has reason to believe that that person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue while he is so flying as may endanger the safety of the aircraft or of its occupants.
3
The operator of an aircraft to which this Article applies shall not cause or permit any person to fly therein as a member of its flight crew unless the operator has in his possession an accurate and up-to-date record in respect of that person and in respect of the 28 days immediately preceding the flight showing —
a
all his flight times; and
b
brief particulars of the nature of the functions performed by him in the course of his flight times.
4
The record referred to in paragraph (3) of this Article shall, subject to the provisions of Article 61, be preserved by the operator of the aircraft until a date 12 months after the flight referred to in that paragraph.
Fatigue of crew-responsibilities of crew
55
1
A person shall not act as a member of the crew of an aircraft to which this Article applies if he knows or suspects that he is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants.
2
A person shall not act as a member of the flight crew of an aircraft to which this Article applies unless he has ensured that the operator of the aircraft is aware of his flight times during the period of 28 days preceding the flight.
Flight times-responsibilities of flight crew
56
A person shall not act as a member of the flight crew of an aircraft registered in the Territory if at the beginning of the flight the aggregate of all his previous flight times: —
a
during the period of 28 consecutive days expiring at the end of the day on which the flight begins exceeds 100 hours; or
b
during the period of 12 months expiring at the end of the previous month exceeds 900 hours.
Provided that this Article shall not apply to a flight made —
i
in an aircraft of which the maximum total weight authorised does not exceed 1,600 kg. and which is not flying for the purposes of public transport or aerial work; or
ii
in an aircraft not flying for the purpose of public transport nor operated by an air transport undertaking, if at the time when the flight begins the aggregate of all the flight times of the aforesaid person since he was last medically examined and found fit by a person approved by the Governor for the purpose of Article 20(7) does not exceed 25 hours.
PART VII
DOCUMENTS AND RECORDS
Documents to be carried
57
1
An aircraft shall not fly unless it carries the documents which it is required to carry under the law of the country in which it is registered.
2
An aircraft registered in the Territory shall, when in flight, carry documents in accordance with Schedule 11 to this Order:
Provided that, if the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the Territory, the documents may be kept at that aerodrome instead of being carried in the aircraft.
Records to be kept
58
The operator of a public transport aircraft registered in the Territory shall, in respect of any flight by that aircraft during which it may fly at an altitude of more than 49,000 feet, keep a record in a manner prescribed of the total dose of cosmic radiation to which the aircraft is exposed during the flight together with the names of the members of the crew of the aircraft during the flight.
Production of documents and records
59
1
The commander of an aircraft shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person —
a
the certificates of registration and airworthiness in force in respect of the aircraft;
b
the licences of its flight crew;
c
such other documents as the aircraft is required by Article 57 of this Order to carry when in flight.
2
The operator of an aircraft registered in the Territory shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents or records as may have been requested by that person being documents or records which are required, by or under this Order, to be in force or to be carried, preserved or made available:
a
the documents referred to in Schedule 11 to this Order as Documents A, B and G;
b
the aircraft log book, engine log books and variable pitch propeller log books required under this Order to be kept;
c
the weight schedule, if any, required to be preserved under Article 16 of this Order;
d
in the case of a public transport aircraft or aerial work aircraft, the documents referred to in Schedule 11 to this Order as Documents D, E, F and H;
e
any records of flight times, duty periods and rest periods which he is required by Article 54(4) of this Order to preserve, and such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate;
f
any such operations manuals as are required to be made available under Article 2 5(2) (a) (i) of this Order;
g
the record made by any flight data recorder required to be carried by or under this Order;
h
the record made from any cosmic radiation detection equipment together with the record of the names of the members of the crew of the aircraft which are required to be kept under Article 58 of this Order.
3
a
The holder of a licence granted or rendered valid under this Order shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person his licence, including any certificate of validation. The requirements of this paragraph shall be deemed to have been complied with, except in relation to licences required by Article 57 of this Order to be carried in the aircraft or kept at an aerodrome, if the licence requested is produced within five days after the request has been made at a police station in the Territory specified, at the time of the request, by the person to whom the request is made.
b
The foregoing provisions of this paragraph shall apply to a medical certificate issued pursuant to Article 19(1) (b) (ii) as they apply to a licence granted or rendered valid under this Order.
4
Every person required by Article 22 of this Order to keep a personal flying log book shall cause it to be produced within a reasonable time to an authorised person after being requested to do so by him within two years after the date of the last entry therein.
Power to inspect and copy documents and records
60
An authorised person shall have the power to inspect and copy any certificate, licence, log book, document or record which he has the power pursuant to this Order and any regulations made thereunder to require to be produced to him.
Preservation of documents, etc.
61
A person required by this Order to preserve any document or record by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his personal representative:
Provided that if —
a
another person becomes the operator of the aircraft he or his personal representative shall deliver to that person upon demand the certificates of maintenance review and release to service, the log books and the weight schedule and any record made by a flight data recorder and preserved in accordance with Article 37(2) of this Order which are in force or required to be preserved in respect of that aircraft;
b
an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person he or his personal representative shall deliver to that person upon demand the log book relating to that engine or propeller;
c
any person in respect of whom a record has been kept by him in accordance with Article 54(4) of this Order becomes a member of the flight crew of a public transport aircraft registered in the Territory and operated by another person he or his personal representative shall deliver those records to that other person upon demand
and it shall be the duty of that other person to deal with the document or record delivered to him as if he were the first-mentioned operator.
Revocation, suspension and variation of certificates, licences and other documents
62
1
Subject to paragraph (4) of this Article, the Governor may, if he thinks fit, provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under this Order, pending inquiry into or consideration of the case. The Governor may, on sufficient ground being shown to his satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.
2
The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the Governor within a reasonable time after being required to do so by him.
3
The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a licence issued in respect of an aerodrome, has been granted or issued, or which has effect under this Order shall, in the absence of provision to the contrary in the document, render the document invalid during the continuance of the breach.
4
The provisions of article 62A of this Order shall have effect, in place of the provisions of this article, in relation to permits to which that article applies”.
5
Notwithstanding paragraph (1) of this Article, a flight manual, performance schedule or other document incorporated by reference in the certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Governor, whether or not after due inquiry.
Revocation, suspension or variation of permissions, etc granted under Article 83 or Article 84
62A
1
Subject to the provisions of this Article, the Secretary of State may revoke, suspend or vary any permit to which this Article applies.
2
Save as provided by paragraph (3) of this Article, the Secretary of State may exercise his powers under paragraph (1) only after notifying the permit-holder of his intention to do so and after due consideration of the case.
3
If, by reason of the urgency of the matter, it appears to the Secretary of State to be necessary for him to do so, he may provisionally suspend or vary a permit to which this Article applies without complying with the requirements of paragraph (2) of this Article; but he shall, in any such case, comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either —
a
revoke the provisional suspension or variation of the permit; or
b
substitute therefor a definitive revocation, suspension or variation, which, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be in the same or different terms as the provisional variation (if any).
4
The powers vested in the Secretary of State by paragraph (1) or paragraph (3) of this Article may be exercised by him whenever, in his judgement and whether or not by reason of anything done or omitted to be done by the permit-holder or otherwise connected with the permit-holder, it is necessary or expedient that the permit-holder should not enjoy, or should no longer enjoy, the rights conferred on him by a permit to which this Article applies or should enjoy them subject to such limitations or qualifications as the Secretary of State may determine. In particular, and without prejudice to the generality of the foregoing, the Secretary of State may exercise his said powers if —
a
it appears to him that the person to whom the permit was granted has committed a breach of any condition to which it is subject;
b
it appears to him that any agreement between Her Majesty’s Government in the United Kingdom and the Government of any other country in pursuance of which or in reliance on which the permit was granted is no longer in force or that that other Government has committed a breach thereof;
c
it appears to him that the person to whom the permit was granted, or such other Government as aforesaid (that is to say, a Government which is a party to such an agreement as aforesaid with Her Majesty’s Government in the United Kingdom), or the aeronautical authorities of the country concerned, have acted in a manner which is inconsistent with or prejudicial to the operation in good faith, and according to its object and purpose, of any such agreement as aforesaid, or have engaged in unfair, discriminatory or restrictive practices to the prejudice of the holder of an Air Transport Licence granted under section 65 of the Civil Aviation Act 1982 as it applies in the United Kingdom or to the operator of an aircraft registered in and licenced to operate from any of the Territories by regulations made under section 13 of the Act in his operation of air services to or from points in the country concerned;
d
it appears to him that the person to whom the permit was granted, having been granted it as a person designated by the Government of a country other than the United Kingdom for the purposes of any such agreement as aforesaid, is no longer so designated or that that person has so conducted himself' or that such circumstances have arisen in relation to him, as to make it necessary or expedient to disregard or qualify the consequences of his being so designated.
5
The permit-holder or any person having the possession or custody of any permit which has been revoked, suspended or varied under this Article shall surrender it to the Secretary of State within a reasonable time of being required by him to do so.
6
The breach of any condition subject to which any permit to which this Article applies has been granted shall render the permit invalid during the continuance of the breach.
7
The permits to which this Article applies are permissions granted by the Secretary of State or the Governor as the case may be under Article 83 or Article 84 of this Order and any approvals or authorisations of, or consents to, any matter which the Secretary of State or the Governor has granted, or is deemed to have granted, in pursuance of a permission which he has so granted.
8
References in this Article to the permit-holder are references to the person to whom any permit to which this Article applies has been granted or is deemed to have been granted.
9
The Secretary of State may, in any particular case, or class of cases, delegate to the Governor the exercise of the powers conferred on the Secretary of State under this Article.
10
The provisions of this Article shall have effect, as from the commencement of this Order, as well in relation to permits, being permits to which that Article applies, granted before the commencement of this Order as in relation to those granted thereafter.
Offences in relation to documents and records
63
1
A person shall not with intent to deceive —
a
use any certificate, licence, approval, permission, exemption or other document issued or required by or under this Order which has been forged, altered, revoked or suspended, or to which he is not entitled; or
b
lend any certificate, licence, approval, permission, exemption or other document issued or having effect or required by or under this Order to, or allow it to be used by, any other person; or
c
make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, licence, approval, permission, exemption or other document,
and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy thereof.
2
A person shall not intentionally damage, alter or render illegible any log book or other record required by or under this Order to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under this Order to be preserved.
3
All entries made in writing in any log book or record referred to in paragraph (2) of this Article shall be made in ink or indelible pencil.
4
A person shall not knowingly make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet.
5
A person shall not purport to issue any certificate for the purposes of this Order or the regulations made thereunder unless he is authorised to do so under this Order.
6
A person shall not issue any such certificate as aforesaid unless he has satisfied himself that all statements in the certificate are correct.
PART VIII
CONTROL OF AIR TRAFFIC
Rules of the air and air traffic control
64
1
Every person and every aircraft shall comply with such of the Rules of the Air and Air Traffic Control contained in Schedule 13 to this Order as may be applicable to that person or aircraft in the circumstances of the case.
2
Subject to the provisions of paragraph (3) of this Article, it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air and Air Traffic Control.
3
It shall be lawful for the Rules of the Air and Air Traffic Control to be departed from to the extent necessary —
a
for avoiding immediate danger; or
b
for complying with the law of any country other than the Territory within which the aircraft then is; or
c
for complying with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State in relation to an aircraft of which the commander is acting as such in the course of his duty as a member of Her Majesty’s naval, military or air forces.
4
If any departure from the Rules of the Air and Air Traffic Control is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within ten days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Governor.
5
Nothing in the Rules of the Air and Air Traffic Control shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.
6
The Governor may make rules of the air and air traffic control supplementary to, but not inconsistent with, the Rules of the Air and Air Traffic Control contained in Schedule 13 to this Order.
Licensing of air traffic controllers, student air traffic controllers and aerodrome flight information service officers
65
1
The Governor may grant a licence subject to such conditions as he thinks fit to any person to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Governor may require of him:
Provided that the Governor shall not grant —
a student air traffic controller’s licence or an aerodrome flight information service officer’s licence to a person under the age of 18 years; or
an air traffic controller’s licence which includes an Aerodrome Control Rating, an Approach Control Rating or an Area Control Rating, to a person under the age of 20 years; or
an air traffic controller’s licence which includes any other rating, to a person under the age of 21 years.
2
Every licence to act as an air traffic controller shall include (a) ratings of one or more of the classes set forth in Schedule 9 to this Order specifying the type of air traffic control service which the holder of the licence is competent to provide, (b) a list of the places at which, and (c) the type of radar equipment, if any, with the aid of which he may provide the service. If throughout any period of 90 days the holder of the licence has not at any time provided at a particular place the type of air traffic control service specified in the rating, the rating shall, without prejudice to the Governor’s powers under Article 62 of this Order, cease to be valid for that place at the end of that period, and upon a rating ceasing to be valid for a place the holder of the licence shall forthwith inform the Governor to that effect and shall forward the licence to the Governor to enable it to be endorsed accordingly.
3
Every licence to act as a student air traffic controller shall be valid only for the purpose of authorising the holder to provide air traffic control service under the supervision of another person who is present at the time and is the holder of a valid air traffic controller’s licence which includes a rating specifying the type of air traffic control service which is being provided by the student air traffic controller and valid at the place in question.
4
Every licence to act as an aerodrome flight information service officer shall be valid only for the purpose of authorising the holder to provide an aerodrome flight information service at an aerodrome specified in the licence. If, throughout any period of 180 days, the holder of the licence has not at any time provided such a service at a particular aerodrome, the licence shall cease to be valid for that aerodrome at the end of that period.
5
A licence to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.
6
Subject to the provisions of Article 62 of this Order, a licence to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer shall remain in force for the period indicated in the licence and may be renewed by the Governor from time to time, upon his being satisfied that the applicant is a fit person and is qualified as aforesaid. If no period is indicated in the licence, it shall remain in force, subject as aforesaid, for the lifetime of the holder.
7
Every applicant for and holder of an air traffic controller’s licence or a student air traffic controller’s licence shall upon such occasions as the Governor may require —
a
submit himself to medical examination by a person approved by the Governor either generally or in a particular case who shall make a report to the Governor in such form as the Governor may require; and
b
submit himself to such examinations and tests and furnish such evidence as to his knowledge experience, competence and skill, as the Governor may require, and such examinations and tests may be conducted by the Governor or by a person approved by the Governor.
8
Every applicant for and holder of an aerodrome flight information service officer’s licence shall, upon such occasions as the Governor may require, subject himself to such examinations and tests and furnish such evidence as to his knowledge, experience, competence and skill as the Governor may require and such examinations and tests may be conducted by the Governor or by a person approved by the Governor.
9
On the basis of the medical examination referred to in paragraph (7) of this Article, the Governor or any person approved by him as competent to do so may issue a medical certificate subject to such conditions as he thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to Article 68 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.
10
The holder of an air traffic controller’s licence or student air traffic controller’s licence shall not provide any type of air traffic control service at any such aerodrome or place as is referred to in Article 66(1) of this Order unless his licence includes a medical certificate issued and in force under paragraph (9) of this Article.
Prohibition of unlicensed air traffic controllers, student air traffic controllers and aerodrome flight information service officers
66
1
A person shall not provide at any place any type of air traffic control service or an aerodrome flight information service or hold himself out, whether by use of a radio call sign or in any other way, as a person who may provide any type of air traffic control service or an aerodrome flight information service unless:
a
in the case of an air traffic control service, he is the holder, and complies with the terms of:
i
a valid student air traffic controller’s licence granted under this Order and he is supervised in accordance with Article 65(3) of this Order; or
ii
a valid air traffic controller’s licence so granted authorising him to provide that type of service at that place; or
iii
a valid air traffic controller’s licence so granted which does not authorise him to provide that type of service at that place, but he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller’s licence so granted which authorises him to provide at that place the type of air traffic control service which is being provided; or
b
in the case of an aerodrome flight information service, he is the holder and complies with the terms of an aerodrome flight information service officer’s licence granted under this Order authorising him to provide such a service at that place:
Provided that a licence shall not be required by any person who acts in the course of his duty as a member of any of Her Majesty’s naval, military or air forces or a visiting force.
2
The holder of an air traffic controller’s licence shall not be entitled to perform any of the functions specified in Schedule 9 to this Order in respect of a rating at any place unless:
a
his licence includes that rating and the rating is valid for the place at which, and the type of radar equipment, if any, with the aid of which, the functions are performed; or
b
he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller’s licence granted under this Order which authorises him to provide at that place the type of air traffic control service which is being provided.
3
A person shall not provide any type of air traffic control service or an aerodrome flight information service unless he identifies himself in such a manner as may be notified.
4
Nothing in a licence granted under Article 65 of this Order shall permit any person to operate manually any direction-finding equipment for the purpose of providing air traffic control service to an aircraft at a time when he is providing air traffic control service or making signals to that aircraft or to another aircraft.
5
Nothing in this Article shall prohibit the holder of a valid air traffic controller’s licence from providing at any place for which the licence includes a valid rating, information to aircraft in flight in the interests of safety.
Flight Information Service Manual
67
A person shall not provide an aerodrome flight information service at any aerodrome unless: —
a
the service is provided in accordance with the standards and procedures specified in an aerodrome information service manual in respect of that aerodrome;
b
the manual is produced to the Governor within a reasonable time after a request for its production is made by the Governor;
c
such amendments or additions as the Governor may from time to time require have been made to the manual.
Incapacity of air traffic controllers
68
1
Every holder of an air traffic controller’s licence granted under Article 65 of this Order who —
a
suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 20 consecutive days; or
b
in the case of a woman, has reason to believe that she is pregnant,
shall inform the Governor in writing of such injury, illness or pregnancy as soon as possible.
2
An air traffic controller’s licence shall be deemed to be suspended upon the elapse of such period of injury or illness as is referred to in paragraph (1) (a) of this Article. The suspension of the licence shall cease:
a
upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume his functions under the licence; or
b
upon the Governor exempting the holder from the requirement of a medical examination subject to such conditions as the Governor may think fit.
3
Upon the pregnancy of the holder of an air traffic controller’s licence being confirmed, the licence shall be deemed to be suspended and such suspension may be lifted by the Governor subject to such conditions as he thinks fit, and shall cease upon the holder being medically examined under arrangements made by the Governor after the pregnancy has ended and pronounced fit to resume her functions under the licence.
Power to prohibit or restrict flying
69
1
a
Where the Governor deems it necessary in the public interest to restrict or prohibit flying by reason of —
i
the intended gathering or movement of a large number of persons, or
ii
the intended holding of an aircraft race or contest or of an exhibition of flying, or
iii
national defence or any other reason affecting the public interest,
the Governor may make regulations prohibiting, restricting or imposing conditions on flight —
aa
by any aircraft, whether or not registered in the Territory, in any airspace over the Territory;
bb
by aircraft registered in the Territory, in any other airspace, being airspace in respect of which the Government of the Territory has in pursuance of international arrangements undertaken to provide navigation services for aircraft.
b
Regulations made under this Article may apply either generally or in relation to any class of aircraft.
2
If the commander of an aircraft becomes aware that the aircraft is flying in contravention of any regulations which have been made for any of the reasons referred to in paragraph (1) (a) (iii) of this Article he shall unless otherwise instructed pursuant to paragraph (3) of this Article cause the aircraft to leave the area to which the regulations relate by flying to the least possible extent over such area and the aircraft shall not begin to descend while over such an area.
3
The commander of an aircraft flying either within an area for which regulations have been made for any of the reasons referred to in paragraph (1) (a) (iii) of this Article or within airspace notified as a Danger Area shall forthwith comply with instructions given by radio or by one of the prescribed visual signals by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.
Balloons, kites, airships, gliders and parascending parachutes
70
1
Within the Territory —
a
a captive balloon or kite shall not be flown at a height of more than 60 metres above the ground level or within 60 metres of any vessel, vehicle or structure;
b
a captive balloon shall not be flown within 5 kilometres of an aerodrome;
c
a balloon exceeding 2 metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, shall not be flown in controlled airspace;
d
a kite shall not be flown within 5 kilometres of an aerodrome;
e
an airship shall not be moored,
f
a glider or parascending parachute shall not be launched by winch and cable or by ground tow to a height of more than 60 metres above ground level,
without the permission in writing of the Governor and in accordance with any conditions subject to which that permission may be granted.
2
A captive balloon when in flight shall be securely moored, and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.
PART IX
AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS
Aerodromes: public transport of passengers and instruction in flying
71
1
An aircraft to which this paragraph applies shall not take-off or land at a place in the Territory other than —
a
an aerodrome licensed under this Order for the take-off and landing of such aircraft; or
b
a Government aerodrome notified as available for the take-off and landing of such aircraft, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take-off or land as the case may be,
and in accordance with any condition subject to which the aerodrome may have been so licensed or notified, or subject to which such permission may have been given.
2
Paragraph (1) of this Article applies to —
a
aeroplanes of which the maximum total weight authorised exceeds 2,730 kg. and which are flying —
i
for the purpose of public transport of passengers; or
ii
for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or
iii
for the purpose of carrying out flying tests in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence;
b
aeroplanes of which the maximum total weight authorised does not exceed 2,730 kg. engaged on either —
i
scheduled journeys for the purpose of the public transport of passengers; or
ii
flights for the purpose of the public transport of passengers beginning and ending at the same aerodrome; or
iii
flights for the purpose of —
aa
instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or
bb
a flying test in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or
iv
flights for the purpose of the public transport of passengers at night;
c
helicopters and gyroplanes engaged on such flights as are specified in sub-paragraphs (b) (i) and (iii) above;
d
gliders (other than gliders being flown under arrangements made by a flying club and carrying no person other than a member of the club) which are flying for the purpose of the public transport of passengers or for the purpose of instruction in flying.
3
a
The person in charge of any area in the Territory intended to be used for the taking-off or landing of helicopters at night other than such a place as is specified in paragraph (1) of this Article shall cause to be in operation, whenever a helicopter flying for the purpose of public transport of passengers is taking-off or landing at that area by night, such lighting as will enable the pilot of the helicopter —
i
in the case of landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing;
ii
in the case of taking-off, to make a safe take-off.
b
A helicopter flying for the purpose of the public transport of passengers at night shall not take-off or land at a place to which sub-paragraph (a) of this paragraph applies unless there is in operation such lighting.
Use of Government aerodromes
72
The Governor may cause to be notified subject to such conditions as he thinks fit any Government aerodrome as an aerodrome available for the take-off and landing of aircraft engaged on flights for the purpose of the public transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft.
Licensing of aerodromes
73
1
The Governor may grant to any person applying therefor a licence in respect of any aerodrome in the Territory if he is satisfied that —
a
that person is competent, having regard to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe for use by aircraft; and
b
the aerodrome is safe for use by aircraft, having regard in particular to the physical characteristics of the aerodrome and of its surroundings.
2
An aerodrome licence may be granted subject to such conditions as the Governor thinks fit and shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified in the licence.
3
Without prejudice to the generality of paragraph (2) of this Article the Governor may grant a licence (in this Order referred to as “a licence for public use”) which shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.
4
The holder of an aerodrome licence granted under this Order shall —
a
furnish to any person on request information concerning the terms of the licence; and
b
in the case of a licence for public use, cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft engaged on flights for the purpose of public transport of passengers or instruction in flying.
5
The holder of an aerodrome licence granted under this Order shall not contravene or cause or permit to be contravened any condition of the aerodrome licence at any time in relation to such aircraft engaged on such flights as are specified in Article 71(2) of this Order, but the licence shall not cease to be valid by reason only of such a contravention.
Radio equipment at aerodromes
74
1
A person shall not cause or permit any aeronautical radio station to be established or used unless its purpose has been approved by the Governor and the equipment thereof is of a type the specification of which is approved by the Governor in relation to the purpose for which it is to be used.
2
The person in charge of an aeronautical radio station the purpose of which is to provide navigational aid by radio or radar to an aircraft making an approach to land or landing at an aerodrome shall not cause or permit that aeronautical radio station to provide such navigational aid unless all aeronautical radio stations operated by that person at that aerodrome are:
a
installed, modified and maintained in a manner approved by the Governor; and
b
flight checked by the Governor or by a person approved by the Governor for that purpose on such occasions as the Governor may require:
Provided that the provisions of this paragraph shall not apply to any aeronautical radio station which is used solely for the purpose of enabling communications to be made by or on behalf of the operator of an aircraft and the commander thereof.
3
The person in charge of an aeronautical radio station at an aerodrome for which a licence for public use has been granted shall cause to be notified in relation to that aeronautical radio station the type and hours of operation of any service which is available for use by any aircraft, and in approving the purpose for which an aeronautical radio station is to be used at any other aerodrome the Governor may if he thinks fit require the person in charge of the aeronautical radio station to cause such information as aforesaid to be notified.
4
The provisions of this Article shall not apply in respect to any aeronautical radio station of which the person in charge is the Governor.
Records at aerodromes
75
1
The person in charge of any aeronautical radio station the purpose of which is to provide navigational aid by radio or radar to an aircraft making an approach to land or landing at an aerodrome shall in respect of all aeronautical radio stations operated by him at that aerodrome:
a
keep a written record of functional tests, flight checks and particulars of any overhaul, repair, replacement or modification thereof; and
b
preserve the written record for a period of one year or such longer period as the Governor may in a particular case direct and shall within a reasonable time after being requested to do so by an authorised person produce such record to that person.
2
The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service by an air traffic control unit shall provide apparatus which is capable of recording the terms or content of any radio message or signal transmitted to any aircraft either alone or in common with other aircraft or received from any aircraft by the air traffic control unit.
3
The apparatus provided in compliance with paragraph (2) of this Article shall be:
a
of a type the specification of which is approved by the Governor in relation to the particular aeronautical radio station; and
b
installed, modified and maintained in a manner approved by the Governor; and
c
in operation at all times when the aeronautical radio station is in operation for providing an air traffic control service.
4
The person in charge of an aeronautical radio station shall ensure that each record made by the apparatus provided in compliance with paragraph (2) of this Article includes:
a
the identification of the aeronautical radio station; and
b
the date or dates on which the record was made; and
c
a means of determining the time at which each message or signal was transmitted; and
d
the identity of the aircraft to or from which and the radio frequency on which the message or signal was transmitted or received; and
e
the time at which the record started and finished.
5
If at any time the apparatus provided in compliance with paragraph (2) of this Article ceases to be capable of recording the matters required by this Article to be included in the record the person in charge of the aeronautical station shall ensure that a written record is kept in which the particulars specified in paragraph (4) of this Article are recorded together with a summary of communications exchanged between the aeronautical radio station and aircraft.
6
The person in charge of the aeronautical radio station shall preserve any record made in compliance with paragraphs (2) and (5) of this Article for a period of 30 days from the date on which the message or signal was recorded or for such longer period as the Governor may in a particular case direct, and shall, within a reasonable time after being requested to do so by an authorised person, produce such record to that person.
7
A person required by this Article to preserve any record by reason of his being the person in charge of the aeronautical radio station shall, if he ceases to be such person, continue to preserve the record as if he had not ceased to be such person, and in the event of his death the duty to preserve the record shall fall upon his personal representative:
Provided that if another person becomes the person in charge of the aeronautical radio station the previous person in charge or his personal representative shall deliver the record to that other person on demand, and it shall be the duty of that other person to deal with the record delivered to him as if he were that previous person in charge.
8
The provisions of this Article shall not apply in respect of any aeronautical radio station of which the person in charge is the Governor.
Charges at aerodromes licensed for public use
76
1
The Governor may, in relation to any aerodrome in respect of which a licence for public use aas been granted, or to such aerodromes generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or in connection with aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services.
2
The licensee of an aerodrome in relation to which the Governor has made any regulations under paragraph (1) of this Article shall not cause or permit any charges to be made in contravention of those regulations and shall cause particulars of the prescribed charges to be kept exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected thereby.
3
The licensee of any aerodrome in respect of which a licence for public use has been granted shall, when required by the Governor, furnish to the Governor such particulars as he may require of the charges established by the licensee for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.
Use of aerodromes by aircraft of Contracting States and of the Commonwealth
77
The person in charge of any aerodrome in the Territory which is open to public use by aircraft registered in the Territory (whether or not the aerodrome is a licensed aerodrome) shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft registered in other Contracting States or in any part of the Commonwealth on the same terms and conditions as for use by aircraft registered in the Territory.
Noise and vibration caused by aircraft on aerodromes
78
The conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft shall be as specified in Regulation 12 in Schedule 14 to this Order and section 41(2) of the Act as set out in Schedule 2 of the Civil Aviation Act 1949 (Overseas Territories) Order 1968 shall apply to any such aerodrome.
Aeronautical lights
79
1
Except with the permission of the Governor and in accordance with any conditions subject to which the permission may be granted, a person shall not establish, maintain or alter the character of:
a
an aeronautical beacon within the Territory:
Provided that, in the case of an aeronautical beacon which is or may be visible from the waters within an area of a lighthouse authority, the Governor shall not give permission for the purpose of this Article except with the consent of that authority, or
b
any aeronautical ground light (other than an aeronautical beacon) at an aerodrome licensed under this Order, or which forms part of the lighting system for use by aircraft taking off from or landing at such an aerodrome.
2
A person shall not intentionally or negligently damage or interfere with any aeronautical ground light established by or with the permission of the Governor.
Dangerous lights
80
1
A person shall not exhibit in the Territory any light which —
a
by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or
b
by reason of its liability to be mistaken for an aeronautical ground light is liable to endanger aircraft.
2
If any light which appears to the Governor to be such a light as aforesaid is exhibited the Governor may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or having charge of the light, directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice for extinguishing or screening the light and for preventing for the future the exhibition of any other light which may similarly endanger aircraft.
3
The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.
4
In the case of a light which is or may be visible from any waters within the area of a lighthouse authority, the powers of the Governor under this Article shall not be exercised except with the consent of that authority.
Customs and Excise airports
81
1
The Governor may, subject to such conditions as he may think fit, by order designate any aerodrome to be a place for the landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs and excise.
2
The Governor may by order revoke any designation so made.
Aviation Fuel at Aerodromes
82
1
A person who has the management of any aviation fuel installation on an aerodrome in the Territory shall not cause or permit any fuel to be delivered to that installation or from it to an aircraft unless: —
a
when the aviation fuel is delivered into the installation he is satisfied that:
i
the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in aircraft; and
ii
the installation is marked in a manner appropriate to the grade of fuel stored or if different grades are stored in different parts each part is so marked; and
iii
in the case of delivery into the installation or part thereof from a vehicle or vessel, the fuel has been sampled and is of a grade appropriate to that installation or that part of the installation as the case may be and is fit for use in aircraft;
b
when any aviation fuel is dispensed from the installation he is satisfied as the result of sampling that the fuel is fit for use in aircraft:
Provided that this paragraph shall not apply in respect of fuel which has been removed from an aircraft and is intended for use in another aircraft operated by the same operator as the aircraft from which it has been removed.
2
A person to whom paragraph (1) of this Article applies shall keep a written record in respect of each installation of which he has the management, which record shall include —
a
particulars of the grade and quantity of aviation fuel delivered and the date of delivery;
b
particulars of all samples taken of the aviation fuel and of the results of tests of those samples;
c
particulars of the maintenance and cleaning of the installation;
and he shall preserve the written record for a period of 12 months or such longer period as the Governor may in a particular case direct and shall, within a reasonable time after being requested to do so by an authorised person, produce such record to that person.
3
a
A person shall not cause or permit any aviation fuel to be dispensed for use in an aircraft if he knows or has reason to believe that the aviation fuel is not fit for use in aircraft.
b
If it appears to the Governor or an authorised person that any aviation fuel is intended or likely to be delivered in contravention of any provision of this Article, the Governor or that authorised person may direct the person having the management of the installation not to permit aviation fuel to be dispensed from that installation until the direction has been revoked by the Governor or by an authorised person.
4
For the purpose of this Article: —
“aviation fuel” means fuel intended for use in aircraft;
“aviation fuel installation” means any apparatus or container, including a vehicle, designed, manufactured or adapted for the storage of aviation fuel or for the delivery of such fuel to an aircraft.
PART X
GENERAL
Restriction with respect to carriage for hire or reward in aircraft registered outside the Territory
83
1
Notwithstanding anything in any regulations made under Section 13 of the Act , an aircraft registered in a Contracting State, other than the United Kingdom or any of the Territories, or in a foreign country, shall not take on board or discharge any passengers or cargo in the Territory, being passengers or cargo carried or to be carried for hire or reward, except with the permission of the Secretary of State granted under this Article to the operator or charterer of the aircraft or to the Government of the country in which the aircraft is registered, and in accordance with any conditions to which such permission may be subject.
2
Without prejudice to the provisions of Article 62A of this Order or of paragraph (1) of this Article, any breach by a person to whom a permission has been granted under this Article of any condition to which that permission was subject shall constitute a contravention of this Article.
3
The Secretary of State may, in any particular case, or class of cases, delegate to the Governor the exercise of the powers conferred on the Secretary of State under paragraph (1) above; and where the exercise of the powers conferred under paragraph (1) is so delegated, the Governor shall, in exercising those powers, comply with any general guidelines or specific directions which may from time to time be conveyed to him by the Secretary of State.
Restriction with respect to aerial photography and survey from aircraft registered outside the Territory
84
1
An aircraft registered in a Contracting State other than the United Kingdom or any of the Territories, or in a foreign country, shall not fly over the Territory for the purpose of aerial photography or aerial survey (whether or not hire or reward is given or promised in respect of the flight or the purpose of the flight) or for the purpose of any other form of aerial work except with the permission of the Governor granted under this Article to the operator or the charterer of the aircraft and in accordance with any conditions to which such permission may be subject.
2
Without prejudice to the provisions of Article 62A of this Order or of paragraph (1) of this Article, any breach by a person to whom a permission has been granted under this Article of any condition to which that permission was subject shall constitute a contravention of this Article.
Flights over any foreign country
85
1
The operator or commander of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any foreign country shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.
2
A person does not contravene paragraph (1) of this article if he neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in paragraph (1).
3
The operator or commander of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any foreign country shall comply with any directions given by the appropriate aeronautical authorities of that country whenever —
a
the flight has not been duly authorised; or
b
there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country;
unless the lives of person on board or the safety of the aircraft would thereby be endangered.
4
A person does not contravene paragraph (3) of this article if he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.
5
The requirement in paragraph (3) of this article is without prejudice to any other requirement to comply with directions of an aeronautical authority.
6
In this article “appropriate aeronautical authorities” includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.
Mandatory reporting
86
1
Subject to the provisions of this Article, every person who —
a
is the operator or the commander of a public transport aircraft which is registered in the Territory and has a maximum total weight authorised of more than 2,300 kg; or
b
carries on the business of manufacturing, repairing or overhauling such an aircraft, or any equipment or part thereof; or
c
signs a certificate of maintenance review or release to service in respect of such an aircraft, part or equipment; or
d
performs a function for which he requires an air traffic controller’s licence; or
e
is the licensee or manager of a licensed aerodrome,
shall —
i
make a report to the Governor of any reportable occurrence of which he knows and which is of such a description as is specified in Regulation 16 in Schedule 14 to this Order; the report shall be made within such time, by such means, and shall contain such information as is so specified and it shall be presented in such form as the Governor may in any particular case approve, and
ii
make a report to the Governor, within such time, by such means, and containing such information as the Governor may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to a reportable occurrence which has been reported by him or by another person to the Governor in accordance with this Article.
2
In this Article “reportable occurrence” means —
a
any incident relating to such an aircraft or any defect in or malfunctioning of such an aircraft or any part or equipment of such an aircraft, being an incident, malfunctioning or defect endangering, or which if not corrected would endanger, the aircraft, its occupants, or any other person;
b
any defect in or malfunctioning of any facility on the ground used or intended to be used for purposes of or in connection with the operation of such an aircraft, being a defect or malfunctioning endangering, or which if not corrected would endanger, such an aircraft or its occupants:
Provided that any accident notified to the Governor in pursuance of regulations made under section 10 of the Act as set out in Schedule 2 of the Civil Aviation Act 1949 (Overseas Territories) Order 1969 shall not constitute a reportable occurrence for purposes of this Article.
3
Subject to paragraph (1)(ii) of this Article, nothing in this Article shall require a person to report any occurrence which he has reason to believe has been or will be reported by another person to the Governor in accordance with this Article.
4
A person shall not make any report under this Article if he knows or has reason to believe that the report is false in any particular.
5
Without prejudice to Article 37(2) and subject to the provisions of Article 59 of this Order, the operator of an aircraft shall, if he has reason to believe that a report has been or will be made in pursuance of this Article, preserve any data from a flight data recorder relevant to the reportable occurrence for fourteen days from the date on which a report of that occurrence is made to the Governor or for such longer period as the Governor may in a particular case direct:
Provided that the record may be erased if the aircraft is outside the Territory and it is not reasonably practicable to preserve the record until the aircraft reaches the Territory.
Power to prevent aircraft flying
87
1
If it appears to the Governor or an authorised person that any aircraft is intended or likely to be flown —
a
in such circumstances that any provision of Article 3, 5, 6, 7, 18, 19, 28, 37, 43 or 44 of this order would be contravened in relation to the flight; or
b
in such circumstances that the flight would be in contravention of any other provision of this Order or any regulations made thereunder be a cause of danger to any person or property whether or not in the aircraft; or
c
while in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of this Order or of any regulation made thereunder,
the Governor or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Governor or by an authorised person, and the Governor or that authorised person may take such steps as are necessary to detain the aircraft.
2
For the purposes of paragraph (1) of this Article the Governor or any authorised person may enter upon and inspect any aircraft.
3
If it appears to the Governor or an authorised person that any aircraft is intended or likely to be flown in such circumstances that any provision of Article 83 or 84 of this Order or any provision relating to the licensing of air transport in the Territory would be contravened in relation to the flight, the Governor or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Governor or by an authorised person, and the Governor or any authorised person may take such steps as are necessary to detain the aircraft.
4
For the purposes of paragraph (3) of this Article the Governor or any authorised person may enter upon any aerodrome and may enter upon and inspect any aircraft.
Right of access to aerodromes and other places
88
The Governor and any authorised person shall have the right of access at all reasonable times —
a
to any aerodrome, for the purpose of inspecting the aerodrome, or
b
to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or any document which he has power to demand under this Order, or for the purpose of detaining any aircraft under the provisions of this Order; and
c
to any place where an aircraft has landed, for the purpose of inspecting the aircraft or any document which he has power to demand under this Order and for the purpose of detaining the aircraft under the provisions of this Order:
Provided that access to a Government aerodrome shall only be obtained with the permission of the person in charge of the aerodrome.
Obstruction of persons
89
A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.
Enforcement of directions
90
Any person who without reasonable excuse fails to comply with any direction given to him under any provision of this Order or any regulations made thereunder shall be deemed for the purposes of this Order to have contravened that provision.
Penalties
91
1
If any provision of this Order or of any regulations made thereunder is contravened in relation to an aircraft, the operator of that aircraft and the commander thereof shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this Article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
2
If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or of any regulations made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.
3
Where a person is charged with contravening a provision of this Order or of any regulations made thereunder by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work the flight shall be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor suspected that the flight was for that purpose.
4
If any person contravenes any provision of this Order, or of any regulations made thereunder, not being a provision referred to in paragraphs (5) or (6) of this Article, he shall be liable on summary conviction to a fine not exceeding £200.
5
If any person contravenes any provision specified in Part A of Schedule 12 to this Order he shall be liable on summary conviction to a fine not exceeding £400.
6
If any person contravenes any provision specified in Part B of the said Schedule he shall be liable on summary conviction to a fine not exceeding £400 and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.
Extra-territorial effect of the Order
92
1
Except where the context otherwise requires, the provisions of this Order,
a
in so far as they apply (whether by express reference or otherwise) to aircraft registered in the Territory, shall apply to such aircraft wherever they may be;
b
in so far as they apply as aforesaid to other aircraft shall apply to such other aircraft when they are within the Territory;
c
in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in, or by any of the crew of, any aircraft registered in the Territory, shall apply to such persons and crew, wherever they may be; and
d
in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in the Territory by other persons shall, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be.
2
Nothing in this Article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948 (which limits the criminal liability of certain persons) that that person shall not be guilty of an offence.
Application of Order to British-controlled aircraft not registered in the Territory
93
The Governor may direct that such of the provisions of this Order and of any regulations made or having effect thereunder as may be specified in the direction shall have effect as if reference in those provisions to aircraft registered in the Territory included references to the aircraft specified in the direction, being an aircraft not so registered but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory.
Application of Order to the Crown and visiting forces etc.
94
1
Subject to the following provisions of this Article, the provision of this Order shall apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aircraft and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft and in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft:
Provided that nothing in this Article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.
2
Save as otherwise expressly provided the naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order and of any regulations made thereunder to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving in the Territory.
3
Save as otherwise provided by paragraph (4) of this Article, Article 78 of this Order and the Rules of the Air and Air Traffic Control, nothing in this Order shall apply to or in relation to any military aircraft.
4
Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the the course of his duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force or international headquarters, the following provisions of this Order shall apply on the occasion of that flight, that is to say, Articles 47,48,49 and 69 and in addition Article 64 (so far as applicable) shall apply unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.
Exemption from Order
95
The Governor may exempt from any of the provisions of this Order (other than Articles 83,84 and 96 thereof) or any regulations made thereunder, any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.
Appeal to Supreme Court
96
1
An appeal shall lie to the Supreme Court or to such other court as may be prescribed from any decision of the Governor that a person is not a fit person to hold a licence to act as an aircraft maintenance engineer, member of the flight crew of an aircraft, air traffic controller, student air traffic controller or aerodrome flight information service officer, and if the court is satisfied that on the evidence submitted to the Governor he was wrong in so deciding, the court may reverse the Governor’s decision and the Governor shall give effect to the court’s determination:
Provided that an appeal shall not lie from a decision of the Governor that a person is not qualified to hold the licence by reason of a deficiency in his knowledge, experience, competence, skill, physical or mental fitness.
2
The respondent to any appeal under this Article shall be the Attorney General or other principal legal officer of the Government of the Territory.
3
For the purposes of any provision relating to the time within which an appeal may be brought, the Governor’s decision shall be deemed to have been taken on the date on which the Governor furnished a statement of his reasons for the decision to the applicant for the licence, or as the case may be, the holder or former holder of it.
Application of Order
97
The provisions of this Order apply to the territories mentioned in Schedule 16 to this Order, any one of which is in this Order referred to in the expression “the Territory”.
Regulations by the Governor: Fees
98
1
The Governor may make regulations for prescribing anything which, under the provisions of this Order, is to be prescribed.
2
The Governor, with the approval of a Secretary of State, may make regulations amending the Air Navigation (General) Regulations contained in Schedule 14 to this Order.
3
Without prejudice to the generality of paragraph (1) of this Article, such Regulations may prescribe the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document (including the issue of a copy thereof), or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of, this Order or any regulations made thereunder.
4
Upon an application being made in connection with which any fee is chargeable in accordance with the said provisions the applicant may be required before the application is entertained to pay the whole or to deposit a portion of the fee or fees so chargeable. If, after such payment or deposit has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Governor, the Governor may, subject as hereinafter provided, refund the amount of such payment or deposit. Where the amount paid or deposited is wholly or to any extent attributable to a fee chargeable in respect of an investigation which would have been carried out in connection with the application if it had not been so withdrawn or ceased to have effect or been refused but which has not been carried out by reason only of such withdrawal, cesser or refusal, the Governor may refund the amount so attributable or, in a case where an investigation has been partially completed, so much of that amount as in the opinion of the Governor is reasonable having regard to the stage to which the investigation has progressed at the time of such withdrawal, cesser or refusal:
Provided that, if in any case the amount deposited by the applicant is not sufficient to cover the fee, as ultimately assessed, chargeable in respect of any investigation in so far as the same has been carried out at the time when the application is withdrawn by him or otherwise ceases to have effect or is refused by the Governor the amount representing the balance of such fee shall be payable by the applicant.
In this paragraph the expression “investigation” includes an inspection, examination, calculation or test.
Interpretation
99
1
In this Order, unless the context otherwise requires —
“ The Act ” means the Civil Aviation Act 1949 ;
“Aerial work” means any purpose (other than public transport) for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight;
“Aerial work aircraft” means an aircraft (other than a public transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;
“Aerial work undertaking” means an undertaking whose business includes the performance of aerial work;
“Aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;
“Aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which for affording facilities for the landing an and departure of aircraft has been abandoned and has not been resumed;
“Aerodrome flight information unit” means a person appointed by the Governor or by any other person maintaining an aerodrome to give information by means of radio signals to aircraft flying or intending to fly within the aerodrome traffic zone of that aerodrome and “aerodrome flight information service” shall be construed accordingly;
“Aerodrome operating minima” in relation to the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing, which are the minima for the operation of that aircraft at that aerodrome;
“Aerodrome traffic zone” means the airspace: —
which is in the vicinity of an aerodrome which is notified for the purposes of rule 35 of Schedule 13 to this Order; and
which, in relation to such an aerodrome,
at which the length of the longest runway is notified as 1850 metres or less, extends from the surface to a height of 2000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2 nautical miles:
Provided that where such an aerodrome traffic zone would extend less than 1 and a half nautical miles beyond the end of any runway at the aerodrome and this proviso is notified as being applicable, sub-paragraph (ii) hereof shall apply as though the length of the longest runway is notified as greater than 1850 metres;
at which the length of the longest runway is notified as greater than 1850 metres, extends from the surface to a height of 2000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2½ nautical miles;
except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this Order as being the controlling aerodrome;
“Aeronautical beacon” means an aeronautical ground light which is visible either continuously or intermittently to designate a particular point on the surface of the earth;
“Aeronautical ground light” means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;
“Aeronautical radio station” means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft;
“Air traffic control unit” means a person appointed by the Governor or by any other person maintaining an aerodrome or place to give instructions or advice or both instructions and advice by means of radio signals to aircraft in the interests of safety but does not include a person so appointed solely to give information to aircraft, and “Air traffic control service” shall be construed accordingly;
“Air transport undertaking” means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;
“Approach to landing” means that portion of the flight of the aircraft, when approaching to land, in which it is descending below a height of 1,000 feet above the relevant specified decision height or minimum descent height;
“Appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;
“Appropriate air traffic control unit” means in relation to an aircraft the air traffic control unit serving the area in which the aircraft is for the time being;
“Authorised person” means any person authorised by the Governor either generally or in relation to a particular case or class of cases, and references to a person authorised by the Governor include references to the holder for the time being of any office designated by the Governor;
“Beneficial interest” has the same meaning as in section 57 of the Merchant Shipping Act 1894 ;
“Cargo” includes mail and animals;
“Certificate of airworthiness” includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;
“Certificate of maintenance review” and “certificate of release to service” have the meanings respectively assigned to them by Articles 9(1) and 11(1) of this Order;
“The Civil Aviation Authority” refers to the body corporate constituted in accordance with the provisions of section 2 of the Civil Aviation Act 1982 ;
“Cloud ceiling” in relation to an aerodrome means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;
“Commander” in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“ The Commonwealth ” means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981 and all other territories forming part of Her Majesty’s dominions or in which Her Majesty has jurisdiction;
“Competent authority” means in relation to the Territory, the Governor, and in relation to any other country the authority responsible under the law of that country for promoting the safety of civil aviation;
“Conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain the seller (notwithstanding that the buyer is to be in possession of the goods until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;
“Congested area” in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;
“Contracting State” means any State (including the United Kingdom and any of the Territories) which is a party to the Convention on International Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on the 7th December 1944;
“Controlled airspace” means control areas and control zones;
“Control area” means airspace which has been notified as such and which extends upwards from a notified altitude or flight level;
“Control zone” means airspace which has been notified as such and which extends upwards from the surface;
“Co-pilot” in relation to an aircraft means a pilot who in performing his duties as such is subject to the direction of another pilot carried in the aircraft;
“Country” includes a territory except in sub-paragraph (b) of paragraph (3) of this Article;
“Crew” has the meaning assigned to it by paragraph (5) of this Article;
“Danger Area” shall mean airspace which has been notified as such within which activities dangerous to the flight of aircraft may take place or exist at such times as may be notified;
“Decision height” in relation to the operation of an aircraft at an aerodrome means the height in a precision approach at which a missed approach must be initiated if the required visual reference to continue that approach has not been established;
“Flight” and “to fly” have the meanings respectively assigned to them by paragraph (4) of this Article;
“Flight crew” in relation to an aircraft means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft;
“Flight level” means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1013.2 millibars;
“Flight recording system” means a system comprising either a flight data recorder or a cockpit voice recorder or both;
“Flight simulator” means apparatus by means of which flight conditions in an aircraft are simulated on the ground;
“Flight visibility” means the visibility forward from the flight deck of an aircraft in flight;
“Government aerodrome”, means any aerodrome in the Territory which is under the control of the Governor or is in the occupation of any Department of the Government of the Territory or of the Government of the United Kingdom, or of Her Majesty’s naval, military or air forces, or of any visiting force;
“Governor” means the officer for the time being administering the Government of the Territory, and includes in relation to any purpose of this Order, other than the purposes of Article 98 thereof, any person who, or the holder for the time being of any office which, is designated for the time being for that purpose by the Governor with the approval of the Secretary of State; and the person so designated may be a Minister who, in accordance with the constitution of the Territory, is responsible for civil aviation, and the office so designated may be that of such a Minister;
“hire-purchase agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974 ;
“Instrument Flight Rules” means Instrument Flight Rules contained in the Rules of the Air and Air Traffic Control;
“Instrument Meteorological Conditions” means weather precluding flight in compliance with the Visual Flight Rules ;
“International Headquarters” means an international headquarters designated by Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964 as extended to the Territory;
“To land” in relation to aircraft includes alighting on the water;
“Legal personal representative” has the same meaning as in section 742 of the Merchant Shipping Act 1894 ;
“Licence” includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;
“Licence for public use” has the meaning assigned to it by Article 73(3) of this Order;
“Licensed aerodrome” means an aerodrome licensed under this Order;
“Lifejacket” includes any device designed to support a person individually in or on the water;
“Log book” in the case of an aircraft log book, engine log book, variable pitch propeller log book or personal flying log book, includes a record kept either in a book, or by any other means approved by the Governor in the particular case;
“Maximum total weight authorised” in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;
“Military aircraft” includes the naval, military or air force aircraft of any country and —
any aircraft being constructed for the naval, military or air forces of any country under a contract entered into by the Secretary of State; and
any aircraft in respect of which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;
“Minimum descent height” in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference;
“Nautical mile” means the International Nautical Mile, that is to say, a distance of 1852 metres;
“Night” means the time between half an hour after sunset and half an hour before sunrise, sunset and sunrise being determined at surface level;
“Non-precision approach” means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;
“Notified” means shown in any of the following publications for the time being in force and issued in the Territory whether before or after the coming into operation of this Order, that is to say, “Notams (Notices to Airmen)”, “Aeronautical Information Publications ( AIP )”, or such other official publications so issued for the purpose of enabling any of the provisions of this Order to be complied with;
“Operator” has the meaning assigned to it by paragraph (6) of this Article;
“Parascending parachute” means a parachute which is towed by cable in such a manner as to cause it to ascend;
“Pilot in command” in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
“Precision approach” means an instrument approach using Instrument Landing System, Microwave Landing System or Precision Approach Radar for guidance in both azimuth and elevation;
“Prescribed” means prescribed by regulations made by the Governor under this Order, and the expression “prescribe” shall be construed accordingly;
“Pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;
“Public transport” has the meaning assigned to it by paragraph (7) of this Article;
“Public transport aircraft” means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of public transport;
“Record” includes, in addition to a record in writing —
any disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom;
any film, tape or other device in which visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and
any photograph;
and any reference to a copy of a record includes, in the case of a record falling within paragraph (a) only of this definition, a transcript of the sounds or signals embodied therein, in the case of a record falling within paragraph (b) only of this definition, a still reproduction of the images embodied therein, and in the case of a record falling within both those paragraphs, such a transcript together with such a still reproduction;
“Replacement” in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;
“Rules of the Air and Air Traffic Control” means the Rules contained in Schedule 13 to this Order and any supplementary rules made by the Governor under Article 64(6) of this Order;
“Runway visual range” in relation to a runway means the distance in the direction of take-off or landing over which the runway lights or surface markings may be seen from the touchdown zone as calculated by either human observation or instruments in the vicinity of the touchdown zone or where this is not reasonably practicable in the vicinity of the midpoint of the runway; and the distance, if any, communicated to the commander of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;
“Scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service;
“Seaplane” includes a flying boat and any other aircraft designed to manoeuvre on water;
“Special VFR flight” means a flight which is a special VFR flight for the purposes of the Rules of the Air and Air Traffic Control;
“Supreme Court” means the highest court exercising original jurisdiction in respect of the Territory;
“The Territory” has the meaning assigned to it by Article 97 of this Order and includes the dependencies of the Territory and the adjacent territorial waters;
“Visual Flight Rules” means Visual Flight Rules contained in the Rules of the Air and Air Traffic Control;
“Visual Meteorological Conditions” means weather permitting flight in accordance with the Visual Flight Rules.
2
In this Order references to sums expressed in terms of sterling shall be construed as references to the equivalent sums in the currency of the Territory calculated at such rate of exchange as may be prescribed or as the Governor may by order direct.
3
a
In its application to any territory which is mentioned in Schedule 17 to this Order but is not mentioned in the First Schedule to the Visiting Forces Act (Application to Colonies) Order 1954 , as amended from time to time, this Order shall have effect as if —
i
the whole of paragraph (2) was omitted from Article 94;
ii
the words “or as a member of a visiting force” were omitted from paragraph (4) of Article 94; and
iii
in paragraph (1) of this Article the words “or of any visiting force” were omitted from the definition of “Government aerodrome”.
b
In relation to any territory which is mentioned in Schedule 17 to this Order and is also mentioned in the First Schedule to the Visiting Forces Act (Application to Colonies) Order 1954, as amended from time to time, the expression “visiting force” in this Order means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952 , which extend to that territory, in respect of that country, by virtue of any Order in Council made under subsection (of section 1 or under section 15 of that Act.
4
An aircraft shall be deemed to be in flight —
a
in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing;
b
in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;
c
in the case of an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;
and the expressions “a flight” and “to fly” shall be construed accordingly.
5
Every person employed or engaged in an aircraft in flight on the business of the aircraft shall be deemed to be a member of the crew thereof.
6
References in this Order to the operator of an aircraft are, for the purpose of the application of any provision of this Order in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft, and cognate expressions shall be construed accordingly:
Provided that, for the purposes of the application of any provision in Part III of this Order, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the management of that aircraft for a period not exceeding 14 days, the foregoing provisions of this paragraph shall have effect as if that agreement had not been entered into.
7
a
Subject to the provisions of this paragraph, an aircraft in flight shall for the purposes of this Order be deemed to fly for the purpose of public transport —
i
if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft on that flight; or
ii
if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors), persons with the authority of the Governor either making any inspection or witnessing any training, practice or test for the purposes of this Order, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or
iii
for the purposes of Part III of this Order, if hire or reward is given or promised for the right to fly the aircraft on that flight (not being a single-seater aircraft of which the maximum total weight authorised does not exceed 910 kg. and in respect of which a certificate of airworthiness of the Special Category is in force) otherwise than under a hire-purchase or conditional sale agreement;
and the expression “public transport of passengers” shall be construed accordingly:
Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport by reason of sub-paragraph (a) (iii) of this paragraph, it shall not be deemed to be flying for the purpose of the public transport of passengers unless hire or reward is given for the carriage of those passengers.
Where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that hire or reward would be given or promised if the transaction were effected otherwise than aforesaid, hire or reward shall, for the purposes of this Order, be deemed to have been given or promised, notwithstanding any rule of law as to such transactions.
8
The expressions appearing in the “General Classification of Aircraft” set forth in Part A of Schedule 1 to this Order shall have the meanings thereby assigned to them.
9
The Interpretation Act 1978 applies for the purpose of the interpretation of this Order and otherwise in relation thereto as it applies for the purpose of the interpretation of, and in relation to, an Act of Parliament of the United Kingdom, and as if this Order were such an Act of Parliament.
10
A power to make regulations under this Order shall include the power to make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of the Territory and to make such incidental and supplementary provisions as are necessary or expedient for carrying out the purposes of the Order.
11
a
Any power conferred by this Order to issue, make, serve or grant any instrument shall be construed as including a power exerciseable, in the like manner and subject to the like conditions, if any, to vary, revoke, cancel or otherwise terminate the instrument.
b
In this paragraph “instrument” includes any regulations, direction, instruction, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, authorisation, log book record or other document.
Saving
100
1
Subject to the provisions of Articles 73 and 77 of this Order, nothing in this Order or the regulations made thereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.
2
Nothing in this Order shall oblige the Governor to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the granting of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.
Small aircraft
101
The provisions of this Order, other than articles 48, 70, 99(1), and 99(8), shall not apply to or in relation to —
a
any balloon which at any stage of its flight is not more than 2 metres in any linear dimension including any basket or other equipment attached to the balloon;
b
any kite weighing not more than 2 kg.;
c
any other aircraft weighing not more than 5 kg. without its fuel;
d
any parachute including a parascending parachute.
G I de Deney
Clerk of the Privy Council