The Air Navigation (Overseas Territories) Order 1989

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.