The Air Navigation (Overseas Territories) Order 2001

Weight and performance: general provisions

3.—(1) The assessment of the ability of an aeroplane to comply with the requirements of regulations 4 to10 inclusive and of a helicopter to comply with the requirements of regulations 11 to 13 inclusive (relating in either case to weight, performance and flights in specified meteorological conditions or at night) shall be based on the specified information as to its performance, or, in the case of an aeroplane in respect of which there is in force under this Order a certificate of airworthiness which does not include a performance group classification, the assessment may be based on the best information available to the commander of the aircraft, insofar as the relevant information is not specified.

(2) In assessing the ability of an aeroplane to comply with condition (7) in the Annex hereto, conditions (4) and (5) of regulation 5, and sub-paragraphs (a)(ii) and (b) of condition (2) in regulation 10, account may be taken of any reduction of the weight of the aeroplane which may be achieved after the failure of a power unit by such jettisoning of fuel as is feasible and prudent in the circumstances of the flight and in accordance with the flight manual included in the certificate of airworthiness relating to the aircraft.

(3) In regulations 3 to 13, and in the Annex hereto, unless the context otherwise requires—

“specified” in relation to an aircraft means specified in, or ascertainable by reference to—

(a)

the certificate of airworthiness in force under this Order in respect of that aircraft; or

(b)

the flight manual or performance schedule included in that certificate, or other document, whatever its title, incorporated by reference in that certificate;

“the emergency distance available” means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take off run to the nearest point in the direction of take off at which the aeroplane cannot roll over the surface of the aerodrome and be brought to rest in an emergency without the risk of accident;

“the landing distance available” means the distance from the point on the surface of the aerodrome above which the aeroplane can commence its landing, having regard to the obstructions in its approach path, to the nearest point in the direction of landing at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions or at which there is an obstacle capable of affecting the safety of the aeroplane;

“the take off distance available” means either the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take off run to the nearest obstacle in the direction of take off projecting above the surface of the aerodrome and capable of affecting the safety of the aeroplane, or one and one half times the take off run available, whichever is the less;

“the take off run available” means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take off run to the nearest point in the direction of take off at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions.

(4) For the purposes of regulations 3 to 13 inclusive and of the Annex hereto—

(a) the weight of the aircraft at the commencement of the take off run or of the take off shall be taken to be its gross weight including everything and everyone carried in or on it at the commencement of the take off run or of the take off;

(b) the landing weight of the aircraft shall be taken to be the weight of the aircraft at the estimated time of landing allowing for the weight of the fuel and oil expected to be used on the flight to the aerodrome at which it is intended to land or alternate aerodrome, as the case may be;

(c) where any distance referred to in paragraph (3) has been declared in respect of any aerodrome by the authority responsible for regulating air navigation over the territory of the Contracting State in which the aerodrome is situated, and in the case of an aerodrome in the Territory, notified, that distance shall be deemed to be the relevant distance.

(5) Nothing in regulations 3 to 13 inclusive, shall apply to any aircraft flying solely for the purpose of training persons to perform duties in aircraft.