The Air Navigation (Overseas Territories) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order, except as regards Gibraltar, supersedes the Air Navigation (Overseas Territories) Order 1989 (S.I. 1989/2395), as amended (S.I. 1991/189, S.I. 1991/1697, S.I. 1992/3198, S.I. 1995/2701 and S.I. 1997/1746).

The Order is based closely on the Air Navigation Order 2000 (S.I. 2000/1562).

The main differences between this Order and the Air Navigation Order are, first, that some of the provisions of the Air Navigation Order which reflect obligations of the United Kingdom as a member of the European Union and as a member of the Joint Aviation Authorities (JAA) are not reproduced in this Order. Secondly, this Order contains the Rules of the Air (Schedule 13), the Air Navigation (General) Regulations (Schedule 14), the Air Navigation (Dangerous Goods) Regulations (Schedule 15) and the Air Navigation (Cosmic Radiation) (Keeping of Records) Regulations (Schedule 17) instead of these being prescribed by the Secretary of State as in the United Kingdom.

The Table of Comparison specifies the corresponding article numbers of the Air Navigation (Overseas Territories) Order 1989, as amended.

In addition to some minor drafting amendments, the following changes are made:

(1) Mortgagees under aircraft mortgages registered pursuant to local legislation are protected from aircraft being removed from the aircraft register of the Territory (article 4(17)).

(2) A requirement has been introduced for aircraft in the service of the police to be operated in accordance with a police air operator’s certificate and special provision is made for aircraft flying in accordance with a police air operator’s certificate (articles 7, 20(3)(b)(iii) and (c)(iii), 31, 32, 33, 36(5)(c) and (d) (6)(b) and (8), 38(2), 42(2), 44(2), 45(1), 57(1) and (4) 59, 61(3), 101, Schedule 4 paragraph 10 of the Table and paragraph 5 Scale EE, Schedule 13 rules 5 and 17, Schedule 14 regulations 12 and 13 and Schedule 15 regulation 11).

(3) Responsibilities in respect of airworthiness, radio equipment, radio licensing and flight crew licensing in connection with an aircraft may be discharged by the State of the operator rather than its State of registration in certain circumstances pursuant to Article 83 bis of the Chicago Convention (articles 8(1), 15(1), 21(3), 46(1) and 130(1)).

(4) An aircraft registered in the Territory which has a certificate of airworthiness in the private category must be maintained in accordance with an approved maintenance schedule (article 10(1)).

(5) A technical log must be preserved for 2 years after the aircraft to which it relates has been destroyed or withdrawn from use (article 11(5)).

(6) It is an offence for the holder of an aircraft maintenance engineer’s licence to exercise the privileges of that licence when physically or mentally unfit or under the influence of drink or a drug (article 13(7) and (8)).

(7) Minimum equipment requirements enable the Governor to give permission for an aircraft to fly notwithstanding that specified equipment is not carried or is unserviceable (articles 16 and 43(b)(ii) and Schedules 10 and 11).

(8) A helicopter which is registered in the Territory and which has a maximum total weight authorised of 5,700 kg or less and a maximum approved seating configuration of 9 or less when flying according to Instrument Flight Rules or at night must either carry 2 pilots or be equipped with an autopilot. A helicopter flying for the purpose of public transport at night with visual ground reference must be appropriately equipped depending on whether it is flying with one or two pilots. Every pilot included in the flight crew of a helicopter flying for the purpose of public transport whose licence does not include an instrument rating but who is intended to fly at night under visual flight conditions must be tested by the operator as to his competence (article 20 and Schedules 4 and 10).

(9) When flying over an area specified in the Order without a flight navigator, suitable navigational equipment must be carried but this equipment is no longer required to be approved by the Governor (article 20(4)).

(10) Provision for three categories of licence (Flight Radio Telephony Operator’s General Licence, Flight Radio Telegraphy Operator’s Licence and Flight Radio Telegraphy Operator’s Temporary Licence) are removed from the Order and the remaining licence is renamed Flight Radiotelephony Operator’s Licence. The minimum age for holding a Flight Radiotelephony Operator’s Licence is 16 years. A flight radiotelephony operator may now perform other duties on the flight (article 20(5), 130(1) and Schedule 8).

(11) The minimum age for flying solo is 16 years (article 21(2)(b)).

(12) The circumstances in which a person may act as a member of the flight crew of an aircraft without holding an appropriate licence for the purpose of qualifying for a licence or rating are extended, though flights can no longer be undertaken under article 21(5) on the basis of a validated foreign licence (article 21(2)(c), (d) and (e) and (5)).

(13) A glider pilot communicating by radio with an air traffic control unit must hold an appropriate flight radiotelephony operator’s licence (article 21(2) and (9)).

(14) A licence granted under the law of a Contracting State other than the Territory is no longer deemed to be rendered valid for purposes of entitling the holder to fly in any controlled airspace in circumstances requiring compliance with the Instrument Flight Rules (article 21(4)(b)).

(15) The distinction between medical examinations conducted inside and outside the Territory has been removed (article 25(1)).

(16) The operator of an aircraft flying for the purpose of public transport must satisfy himself as to the suitability of any site at which it is intended to take off or land. He need not generally satisfy himself about the adequacy of emergency services which are not required to be based at the site but such a requirement may be imposed by way of a condition of the air operator’s certificate (article 34(1)(c) and (2)).

(17) An aeroplane which is not registered in the Territory and is powered by one engine only may not fly for the purpose of public transport at night or when weather conditions are below specified minima (article 37).

(18) The operator of a public transport aircraft which is not registered in the Territory is no longer required to furnish to the Governor particulars of aerodrome operating minima. The operator of any such aircraft requires approval from the Governor to conduct aircraft operations to Category II and III minima (article 39).

(19) The requirement for passenger briefing by the commander of an aircraft now applies to all aircraft registered in the Territory other than those flying in accordance with a police air operator’s certificate (article 44).

(20) The requirement to maintain a telecommunications log is omitted (article 46 and Schedule 11).

(21) An aircraft may not fly within airspace notified as reduced vertical separation minimum airspace unless it is equipped with appropriate height keeping equipment which, in the case of an aircraft registered in the Territory, must be installed, maintained and operated in a manner approved by the Governor (articles 48, 49 and 130).

(22) From January 2003, an airborne collision avoidance system which meets specified requirements must be carried by a turbine engined aircraft with a maximum take off weight authorised exceeding 15,000 kg or authorised to carry more than 30 passengers if registered in or flying within the Territory (article 52, Schedule 5 and Schedule 10).

(23) A definition of sporting weapon is now provided (article 59).

(24) The requirement to obey all lawful commands of the commander is extended to persons in an aircraft not registered in the Territory while the aircraft is in the Territory (article 67).

(25) It is an offence to act in a disruptive manner while in an aircraft, including using threatening language towards a member of the crew of the aircraft or behaving in a disorderly manner towards a member of the crew of the aircraft (article 58).

(26) Flying displays now require the permission of the Governor (article 70 and Schedule 13 rule 5).

(27) An undertaking in the Territory which operates aircraft must assess the exposure to cosmic radiation of the air crew who are liable to be subject to cosmic radiation in excess of 1 milliSievert per year, to take account of the assessed exposure when organising work schedules, to inform workers of the health risks, to make additional provision for air crew who are pregnant or breast feeding, to keep a record of assessed exposure to cosmic radiation and to provide the record on request to the Governor and the air crew concerned (articles 75 and 77 and Schedule 17).

(28) The operator of an aircraft with a certificate of airworthiness in the transport or aerial work category must produce the technical log and certificate of maintenance review of that aircraft if required to do so by an authorised person (article 78(2)).

(29) The Governor, as well as the Secretary of State, now has power to revoke, suspend or vary permissions granted under article 115 with respect to aerial photography, aerial survey or aerial work in aircraft registered elsewhere than in the Territory (article 81).

(30) The restrictions applicable to flights by balloons, kites, airships, gliders and parascending parachutes have been revised. New definitions are introduced for controllable and uncontrollable balloons and for free controlled flight, tethered flight, captive flight and released flight. Restrictions are placed on the simultaneous release of large numbers of small balloons from a single site (articles 86 and 130).

(31) A person flying a small aircraft (for which a definition has been introduced) which weighs more than 7 kg must do so in accordance with specified conditions (articles 87, 130 and 132).

(32) A person must not provide an air traffic control service otherwise than in accordance with a manual of air traffic services which must be produced to the Governor on request and amended if so required by him (article 89).

(33) The provisions concerning the licensing of persons providing air traffic services entitle the Governor to require applicants for licences to undertake courses of training and to approve such courses. An air traffic controller’s licence may now be granted to a person who has attained the age of 20 years. A certificate of competence is required to be included in an air traffic controller’s licence and renewed annually. A new rating is introduced for the exercise of licence privileges at an area control centre (formerly called an air traffic control centre). A new rating is introduced for the task of providing radar services to en route aircraft more than 40 miles from an aerodrome. Only specifically approved licence holders are entitled to supervise student air traffic controllers or air traffic controllers who do not hold an appropriate rating. Definitions are introduced for an aerodrome control service, an approach control service, an area control service and an area control centre. “Sector” has been redefined. An area control rating and an area radar rating are introduced. The area radar control (aerodrome) rating and the precision approach control rating are deleted. To provide radar services to en route aircraft more than 40 miles from the aerodrome at which the controller is based a controller will require an area radar rating. The functions of the area radar control and the approach radar control rating may be exercised at the same time (Part IX, article 130 and Schedule 9).

(34) An amendment is made to make it clear that an air traffic controller’s licence is not required by members of HM Forces or a visiting force (article 94(5)).

(35) If a flight information service officer does not provide a service at a particular aerodrome or area control centre throughout a period of 90 days, his licence shall cease to be valid at that aerodrome or area control centre (article 98(3)).

(36) The Governor can no longer require an aerodrome to have a licence for public use (article 103(3)).

(37) Provision has been made for the Secretary of State to delegate to the Governor the power to approve and disapprove tariffs for services operated to or from the Territory by aircraft not registered in the Territories or in the United Kingdom (article 114).

(38) The requirement for mandatory reporting of occurrences applies to the operator or commander of any public transport aircraft registered in the Territory, any public transport aircraft wherever registered operated by the holder of an air operator’s certificate granted by the Governor and any aircraft registered in the Territory which is powered by one or more turbine engines; a serious incident reported under accident investigation regulations in force in the Territory does not constitute a reportable occurrence for purposes of article 117 (article 117).

(39) The charterer of an aircraft is added to the list of persons referred to in article 122 (Penalties) insofar as that article concerns article 113 of the Order (Restrictions with respect to carriage for valuable consideration in aircraft registered outside the Territory); the penalties on summary conviction have been increased to a maximum of £5000 for an offence in Part B of Schedule 12, £2,500 for an offence in Part A of that Schedule and £1,000 for any other offence (article 122).

(40) The Governor can no longer grant exemptions from the provisions of article 116 of the Order relating to flights over a foreign country (article 126).

(41) An air transport undertaking is now defined as an undertaking whose business includes flying for purposes of public transport (article 130(1)).

(42) A flight information service includes the granting or refusing of permission to an aircraft to taxi on the apron or the manoeuvring area of an aerodrome or to a vehicle or person to go on the manoeuvring area of an aerodrome (article 130(1)).

(43) Crew is now defined as being the flight crew, cabin attendants and persons carried on the flight deck to supervise training, experience, practice and periodical tests required of the flight crew (article 130(1));

(44) The definition of “Governor” has been amended to include (for purposes other than making rules and regulations under the Order and designating customs and excise aerodromes) any person appointed by the Governor as Director of Civil Aviation responsible under the law of the Territory on behalf of the Governor for the administration of the Order (article 130(1));

(45) Valuable consideration passing wholly within a group of companies is disregarded for the purpose of considering whether a flight is for the purpose of public transport (article 131(5)).

(46) The Governor must now publish the requirements which must be met by the applicant for a licence, certificate or other document if the applicant is to satisfy the Governor that he meets the criteria for the grant of the licence certificate or other document (article 135);

(47) Powered lift (tilt rotor) aircraft are now included in the table of general classification of aircraft (Schedule 2 Part A);

(48) The purposes for which aircraft may fly in accordance with A and B Conditions are extended and clarified (Schedule 3 Part A);

(49) Aeroplanes registered in the Territory that are powered by one or more turbine jets or by one or more turbine propeller engines must be equipped with a terrain awareness and warning system:

• by the date of coming into force of the Order if first issued with a certificate of airworthiness on or after 1st July 2001, operating for the purpose of public transport, and weighing more than 15,000 kg or certificated to carry more than 30 passengers;

• by 1st October 2001 if weighing more than 5,700 kg or certificated to carry more than 9 passengers, whether or not flying for the purpose of public transport if not equipped with a ground proximity warning system before 1st April 2000;

• by 1st January 2005 if weighing more than 5,700 kg or certificated to carry more than 9 passengers, whether or not operating for the purpose of public transport if equipped with a ground proximity warning system before 1st April 2000 (Schedule 4).

(50) Controlled airspace is no longer sub-divided for the purposes of Schedules 4 and 5 (carriage of aircraft equipment and radio navigation equipment). Equipment requirements now apply equally in respect of all controlled airspace. A non-public transport aircraft flying in Class D or Class E airspace is not required to carry distance measuring equipment (Schedules 4 and 5).

(51) A glider must carry radiocommunications equipment when flying above Flight Level 245 or in controlled airspace below Flight Level 245 notified for the purpose (Schedule 5, Table at paragraph 2).

(52) The holder of a Private Pilot’s Licence or Basic Commercial Pilot’s Licence who has neither an instrument rating nor an Instrument Meteorological Conditions rating may not fly on a flight outside controlled airspace when the flight visibility is less than 3 km (Schedule 8 Part A Privileges of Private Pilot’s Licence and Basic Commercial Pilot’s Licence).

(53) Changes are made to the privileges of Territory aeroplane and helicopter pilot’s licences. Recent experience of night take offs and landings is required only for flights in which passengers are carried. A recency requirement is introduced for flights by day on which passengers may be carried. The 20,000 kg limit for holders of Commercial Pilot’s Licence (Aeroplanes) and (Helicopters and Gyroplanes) and Airline Transport Pilot’s Licence (Aeroplanes) and (Helicopters and Gyroplanes) over age 60 is removed. Co-pilots of helicopters flying on scheduled journeys or for public transport in instrument meteorological conditions must hold an instrument rating (Schedule 8).

(54) A separate private pilot’s licence is introduced for helicopters and for gyroplanes rather than a single combined licence (Schedule 8).

(55) An operator’s Operations Manual must now include a statement of the operator’s accident prevention and flight safety programme and safety policy, together with a list of the post holders responsible for ensuring that the operator’s safety policy is fulfilled, showing the duties of each post holder in relation to that policy (Schedule 10, Part A).

(56) Schedule 13, which sets out the Rules of the Air has been amended: rule 1 now includes a definition of “Special VFR Flight”; rule 23 imposes speed restrictions on aircraft flying below Flight Level 100; rule 24(3) provides that when taking off or approaching to land at an aerodrome within Class B, C or D airspace, any visibility communicated to the commander of the aeroplane by the appropriate air traffic control unit shall be taken to be the flight visibility; rule 27 requires a VFR flight plan to be filed and an air traffic clearance to be obtained; rules 35 and 36 provide that permission required by an aircraft to taxi on the apron or the manoeuvring area of an aerodrome or by a vehicle or person to go or move on the manoeuvring area of an aerodrome may be obtained from the aerodrome flight information service unit; rules 27(3) and 31(3) require flight plans for flight within Territory RVSM airspace to state whether the aircraft is equipped with height keeping performance systems required by article 48 and 49; provision is no longer made for warning signals to be made to aircraft in flight by projectiles discharged from the ground (Schedule 13).

(57) Schedule 14, which sets out the Air Navigation (General) Regulations, has been amended: Regulation 2 introduces new notional passenger and crew weights for aeroplanes and helicopters of all sizes; for aircraft with 30 or more passenger seats, there is an option to use “all adult” notional weights; the notional weights differ from holiday charter to non-holiday charter flights; hand baggage is included with the new notional weights; new notional hold baggage weights are introduced; notional hold baggage weights are only available for aircraft with 20 or more passenger seats; the co-ordinates defining Europe have been amended; regulation 20 prescribes requirements which must be met by an airborne collision avoidance system carried in accordance with the Order (Schedule 14).

(58) Schedule 15, which sets out the Air Navigation (Dangerous Goods) Regulations has been amended; in regulation 1, “dangerous goods” is defined by reference only to the definition in the Technical Instructions and the definition of “Technical Instructions” now refers to the 1999–2000 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation (Schedule 15).

Copies of the 1999–2000 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air can be purchased from Freight Merchandising Services, Unit 19, Ashford Industrial Estate, Shield Road, Ashford, Middlesex, TW15 1AU, England.