The Air Navigation (Overseas Territories) (Amendment) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order further amends the Air Navigation (Overseas Territories) Order 2001 (referred to below as “the Order”). The following changes are made:

(1) Type certification. The adoption of this article enables a Governor to accept onto a Territory register an aircraft that has a Type Certificate issued by a Contracting State in accordance with the Chicago Convention Annex 8 Part II Chapter 1 and to facilitate the issue by the Governor of a Certificate of Airworthiness in accordance with Annex 8 Part II Chapter 3 and the provisions of article 9(1)(a) of the Order (article 3).

(2) Certification of airworthiness. This amendment paves the way for the elimination of the various categories of certificate of airworthiness as detailed in Schedule 3 Part B. This is in order to enable an aircraft to be certified according to what it is rather than what it does on the basis of the operating and performance limitations prescribed in the approved flight manual and in conformity with its Type Certificate (article 4).

(3) Certificate of release to service. This amendment clarifies an area of uncertainty regarding the reinstatement of a certificate of airworthiness and the associated issue of a certificate of release of an aircraft to service upon completion of maintenance, inspection, repair or other similar activity (article 5).

(4) Licensing of maintenance engineers. The amendment expands the scope of restrictions on performing functions whilst under the influence of drink or drugs and brings the provisions more closely into alignment with the requirements of the Chicago Convention Annex 1 Chapter 1 paragraph 1.2.7 (article 6).

(5) Approval of maintenance organisations. This article has been added to provide a basis for the grant by the Governor of an approval to a maintenance organisation to undertake maintenance on Territory registered aircraft (article 7).

(6) Equipment of aircraft. This amendment facilitates the longer-term objective of removing as many as possible of the schedules to the Order and their replacement by the Requirements specified by the Governor under article 135 of the Order (article 8).

(7) Flight crew. The amendments reflect the fact that the number of flight crew will not normally in the future be specified in the Certificate of Airworthiness (article 9).

(8) Flight crew licences. The objective of this amendment is to relocate some of the flight crew licensing provisions from Schedules 8 and 10 of the Order to the Requirements published by the Governor under article 135 (article 10).

(9) Aerodrome operating minima. This article establishes aerodrome operating minima applicable to non-public transport flights (article 11).

(10) Commander of an aircraft. Addition of a new sub-paragraph to article 41(1) to meet the requirements of the Chicago Convention Annex 6 Part III Section III Chapter 2 paragraph 2.17 (article 12).

(11) Commander’s additional duties. Requirements applied to international general aviation, in the same way as for public transport flights in article 45, to comply with the Chicago Convention Annex 6 Part II paragraph 4.10 and Annex 6 Part III paragraph 2.10. Consequential amendment to Schedule 4, Paragraph 4 (Table) (article 13).

(12) Navigation performance capability. This amendment reflects current international practice in relation to area navigation, required navigation performance and operational approval (article 14).

(13) Towing of gliders. This amendment reflects the changes made in respect of certificates of airworthiness and the performance characteristics of aircraft (article 15).

(14) Towing, picking up and raising of persons and articles. This amendment reflects the changes made in respect of certificates of airworthiness and the performance characteristics of aircraft (article 16).

(15) Drunkenness of aircrew. This amendment expands the scope of restrictions on performing functions whilst under the influence of drink or drugs and brings the provisions more closely into alignment with the requirements of the Chicago Convention Annex 1 Chapter 1 paragraph 1.2.7 (article 17).

(16) Commander and crew authority. These amendments impose an obligation to comply with the instructions of a crew member as well as the commander and add specific obligations to comply with instructions concerning mobile phones and similar equipment and to reinforce the authority of the commander in this respect (article 18).

(17) Approval of instrument approach procedures. The Order is presently silent with regard to the requirement for approval for the establishment and use of an instrument approach procedure at a Territory aerodrome. The article is designed to require that such a procedure shall be approved before it may be established or used (article 19).

(18) Power to prevent aircraft flying. The amendment removes any doubt as to the Governor’s power to appoint more than one authorised person and for any such authorised person to inspect an aircraft without the necessity for the presence of the Governor (article 20).

(19) Interpretation. Additional definitions inserted as required by other amendments (article 21).

(20) Arrangements for giving effect to the Convention. This article empowers and enables Governors to ensure that arrangements are put in place to secure compliance with certain Annexes to the Chicago Convention dealing with meteorology, aeronautical charts, search and rescue and aeronautical information services that are not currently covered in the order (article 22).

(21) Aircraft equipment. This amendment achieves compliance with the Chicago Convention Annex 6 Part II paragraph 6.9.7 with regard to the requirement for Terrain Awareness Warning System Class A or B on aircraft used for international general aviation (article 23).

Annexes to the Chicago Convention can be purchased from:

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Canada,

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