The Air Navigation (Overseas Territories) (Amendment) Order 2006

Amendment of the Air Navigation (Overseas Territories) Order 2001

5.  For article 101 there shall be substituted:

“Aerodromes – aircraft operations required to use certificated or notified aerodromes

101.— (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 certificated under article 103 of this Order for the take-off and landing of such aircraft; or

(b) a Government aerodrome notified under article 102 of this Order 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 conditions subject to which the aerodrome may have been certificated or notified, or subject to which such permission may have been given.

(2) Subject to paragraph (4), paragraph (1) applies to:

(a) aircraft which are flying for the purpose of international operations;

(b) aircraft having a type certificated maximum passenger seating capacity of 10 or more which are flying for the purpose of public transport operations;

(c) aircraft having a maximum total weight authorised (MTWA) of 15,000 kg or more operating a flight for the purpose of public transport;

(d) aircraft (other than Micro-lights) which are flying:

(i) 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, a night rating or a night qualification in a licence; or

(ii) 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;

(e) an aeroplane that is unable to maintain a positive climb gradient in the event of a failure of a power unit on take-off, operating a flight for the purpose of commercial air transport of passengers at night.

(3) (a) Subject to paragraph (4) 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) shall cause to be in operation, whenever a helicopter flying for the purpose of the 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; and

(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) applies unless there is in operation such lighting.

(4) Paragraph (1) shall not apply to or in relation to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

(5) For the purposes of this article “international operations” are operations in respect of which the point of departure of the flight and the point of destination thereof are in two different States or in respect of which the flight passes through the sovereign airspace of the territory of more than one State.”