The Air Navigation (Overseas Territories) Order 2007

Citation and Commencement

1.  This Order may be cited as the Air Navigation (Overseas Territories) Order 2007 and comes into force on 9th January 2008.

Revocation

2.  The Orders specified in Schedule 1 to this Order are hereby revoked.

PART I REGISTRATION AND MARKING OF AIRCRAFT

Aircraft to be registered

3.—(1) An aircraft shall not fly in or over the Territory unless it is registered in—

(a) some part of the Commonwealth;

(b) a Contracting State; or

(c) some other country in relation to which there is in force an agreement between Her Majesty’s Government in the United Kingdom and the Government of that country which makes provision for the flight over the Territory of aircraft registered in that country.

(2) Any aircraft may fly unregistered on any flight which—

(a) begins and ends in the Territory without passing over any other country; and

(b) is in accordance with the conditions of a permit to fly issued by the Governor under the provisions of article 9.

(3) Paragraph (1) does not apply to any kite or captive balloon.

(4) If an aircraft flies over the Territory in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the Territory an offence against this Order or any regulations made hereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.

Registration of aircraft in the Territory

4.—(1) The Governor is the authority for the registration of aircraft in the Territory and is responsible for maintaining the register and may record therein the particulars referred to in paragraph (7) in a legible or a non-legible form so long as the recording is capable of being reproduced in a legible form.

(2) Subject to the provisions of this article, an aircraft shall not be registered or continue to be registered in the Territory if it appears to the Governor that—

(a) the aircraft is registered outside the Territory and that such registration does not cease by operation of law upon the aircraft being registered in the Territory;

(b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share therein;

(c) the aircraft could more suitably be registered in some other part of the Commonwealth; or

(d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in the Territory.

(3) The following persons and no others are qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory or a share therein—

(a) the Crown in right of Her Majesty’s Government in the United Kingdom or in right of the Government of the Territory;

(b) Commonwealth citizens;

(c) British protected persons;

(d) bodies incorporated in some part of the Commonwealth and having their principal place of business in any part of the Commonwealth.

(4) If an unqualified person—

(a) residing or having a place of business in the Territory holds a legal or beneficial interest by way of ownership in an aircraft, or a share therein, the Governor, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in the Territory;

(b) has registered an aircraft under this paragraph, he shall not cause or permit the aircraft, while it is so registered, to be used for the purpose of commercial air transport or aerial work.

(5) If an aircraft is chartered by demise to a qualified person the Governor may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the Territory in the name of the charterer by demise upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this article the aircraft may remain so registered during the continuation of the charter.

(6) Application for the registration of an aircraft in the Territory shall be made in writing to the Governor, and shall –

(a) include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in the Territory and to issue the certificate referred to in paragraph (8); and

(b) include the proper description of the aircraft according to column 4 of the general classification of aircraft set forth in Schedule 2.

(7) Upon receiving an application for the registration of an aircraft in the Territory and being satisfied that the aircraft may properly be so registered the Governor shall register the aircraft, wherever it may be, and shall include in the register those particulars that he shall specify.

(8) The Governor shall furnish to the person in whose name the aircraft is registered (in this article referred to as ‘the registered owner’) a certificate of registration, which shall include the specified particulars and the date on which the certificate was issued.

(9) Subject to paragraphs (4) and (5), if at any time after an aircraft has been registered in the Territory an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall immediately be returned by the registered owner to the Governor.

(10) Any person who is the registered owner of an aircraft registered in the Territory shall immediately inform the Governor in writing of—

(a) any change in the particulars which were furnished to the Governor upon application being made for the registration of the aircraft;

(b) the destruction of the aircraft, or its permanent withdrawal from use; or

(c) in the case of an aircraft registered under paragraph (5), the termination of the demise charter.

(11) Any person who becomes the owner of an aircraft registered in the Territory shall within 28 days inform the Governor in writing to that effect.

(12) The Governor may, whenever it appears to him necessary or appropriate to do so for giving effect to this Part or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, cancel the registration of the aircraft, and he shall cancel that registration within 2 months of being satisfied that there has been a change in the ownership of the aircraft.

(13) The Governor may, by regulations, adapt or modify the foregoing provisions of this article as he deems necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the Territory register, either generally or in relation to a particular case or class of cases.

(14) In this article references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in paragraph (10) to the registered owner of an aircraft includes, in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dissolved, its successor.

(15) Nothing in this article shall require the Governor to cancel the registration of an aircraft if in his opinion it would be inexpedient in the public interest to do so.

(16) The registration of an aircraft which is the subject of an un-discharged mortgage entered in the Register of Aircraft Mortgages kept in the Territory under legislation in force in the Territory relating to the mortgaging of aircraft, shall not become void by virtue of paragraph (9) of this Article, nor shall the Governor cancel the registration of such an aircraft under this Article unless all persons shown in the Register of Aircraft Mortgages as mortgagees of that aircraft have consented to the cancellation.

(17) The Governor shall, at such times and in such a manner as may from time to time be directed by the Civil Aviation Authority, transmit to the Civil Aviation Authority particulars of all registrations, and of changes in or cancellations of registrations, entered in the register.

Nationality and registration marks

5.—(1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) shall not fly unless it bears painted on it or affixed to it, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.

(2) The nationality mark to be borne by aircraft registered in the Territory shall consist of a group of two capital letters in Roman character and the registration mark shall consist of a group of three capital letters in Roman character and both the nationality mark and the registration mark shall comply with requirements published by the Governor under article 152.

(3) An aircraft shall not bear any marks that purport to indicate—

(a) that the aircraft is registered in a country in which it is not in fact registered; or

(b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks.

(4) Marks approved by the Governor for the purposes of flight in accordance with a permit to fly shall be deemed not to purport to indicate that the aircraft is registered in a country in which it is not in fact registered.

PART II AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT

Type Acceptance Certificate

6.—(1) A certificate of airworthiness for an aircraft registered in the Territory shall not be issued in accordance with article 8 unless there is in force a Type Acceptance Certificate issued by the Governor for that aircraft type.

(2) Any person who intends to operate an aircraft to be registered in the Territory of a type for which a Type Acceptance Certificate has not been issued shall apply or cause an application to be made to the Governor for the issue of a Type Acceptance Certificate for that aircraft type in accordance with this article and the published requirements of the Governor.

(3) A Type Acceptance Certificate with respect to an aircraft means a document issued by the Governor on the basis of a Type Certificate issued by a Contracting State acceptable to the Governor.

(4) For the purposes of this article a “Type Certificate” means a document issued by a Contracting State to define the design of an aircraft type and to certify that this design meets the appropriate airworthiness requirements of that State.

Certificate of airworthiness to be in force

7.—(1) An aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator, and any conditions subject to which the certificate was issued or rendered valid are complied with.

(2) The prohibition contained in paragraph (1) does not apply to flights made wholly within the Territory, of—

(a) a glider, if it is not being used for the commercial air transport of passengers or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members;

(b) a balloon flying on a private flight;

(c) a kite;

(d) an aircraft flying in accordance with a permit to fly issued by the Governor under article 9.

(3) In the case of an aircraft registered in the Territory the certificate of airworthiness referred to in paragraph (1) is a certificate issued under article 8.

Issue, re-issue and validity of certificates of airworthiness

8.—(1) The Governor shall issue in respect of any aircraft a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to and on the basis of—

(a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and

(b) the results of flying trials, and such other tests of the aircraft as he may require; and

(c) a certificate of release to service having been issued under and in accordance with the provisions of article 12.

(2) A certificate of release to service is not required in respect only of the reissue of a certificate of airworthiness under paragraph (1).

(3) The Governor may issue the certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit.

(4) The flight manual or equivalent document specified in article 10(1)(d) specifies the operational limitations within which the aircraft is to be operated for the purposes of the requirements referred to in articles 41, 72 and 73, provided that for the purposes of article 41(a) an aircraft flying clear of cloud and with the surface in sight shall be deemed to be flying in accordance with the Visual Flight Rules.

(5) A certificate of airworthiness issued in respect of an aircraft ceases to be in force—

(a) if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft, is overhauled, repaired or modified or if any part of the aircraft or of such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Governor or by a person or organisation approved by the Governor for the purpose either generally or in relation to a class of aircraft or to the particular aircraft;

(b) until the satisfactory completion of any inspection made for the purpose of ascertaining whether the aircraft remains airworthy or maintenance of the aircraft or of any such equipment described in sub-paragraph (a) which is or has been—

(i) classified as mandatory by the Governor;

(ii) required by a maintenance programme approved by the Governor in relation to that aircraft; or

(c) until the completion to the satisfaction of the Governor of any modification of the aircraft or of any of its equipment, being a modification required by the Governor for the purpose of ensuring that the aircraft remains airworthy.

(6) The Governor may issue a certificate of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any aircraft registered elsewhere than in the Territory under the law of any country other than the Territory.

(7) Nothing in this Order shall oblige the Governor to accept an application for the issue of a certificate of airworthiness or certificate of validation or for the variation or re-issue of any such certificate when the application is not supported by such reports from such persons approved under article 151 as the Governor may specify (either generally or in a particular case or class of cases).

Issue, re-issue etc of permits to fly

9.—(1) The Governor may issue in respect of any aircraft a permit to fly if he is satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.

(2) The Governor may refuse to issue a permit to fly in respect of an aircraft if it appears to him that the aircraft is eligible for and ought to fly under and in accordance with a certificate of airworthiness.

(3) An aircraft flying in accordance with a permit to fly shall not fly for the purpose of commercial air transport or aerial work but may be flown for the purpose of flying displays, associated practice, test, modification approval and positioning flights or for the exhibition or demonstration of the aircraft.

(4) With the permission of the Governor, an aircraft flying in accordance with a permit to fly may fly for the purpose of aerial work which consists of the giving of instruction in flying or the conduct of flying tests.

(5) No person shall be carried during flights under a permit to fly except the minimum flight crew unless the prior permission of the Governor has been obtained.

(6) A permit to fly issued in respect of an aircraft ceases to be in force—

(a) if any conditions associated with the permit are not complied with;

(b) until the completion of any inspection, modification or maintenance of the aircraft or any of its equipment, required for ascertaining whether the aircraft remains airworthy and—

(i) classified as mandatory by the Governor; or

(ii) required as a condition of the permit to fly;

(c) if the aircraft, engines or propellers, or such of its equipment as is necessary for the airworthiness of the aircraft, are modified or repaired; unless the repair, or modification has been approved by the Governor or by a person or organisation approved by the Governor for the purpose.

(7) The Governor may impose a condition that a placard shall be affixed to any aircraft, flying in accordance with a permit to fly, in full view of the occupants, which shall be worded as follows—

“Occupant Warning – This aircraft has not been certificated to internationally accepted certification standards”

(8) An aircraft flying in accordance with a permit to fly shall only be flown in accordance with such conditions specified by the Governor as shall be appropriate having regard to all of the circumstances.

(9) Nothing in this Order shall oblige the Governor to accept an application for the issue, variation or renewal of a permit to fly when the application is not supported by such reports from such authorised or approved persons as the Governor may specify (either generally or in a particular case or class of cases).

Continuing airworthiness

10.—(1) An aircraft registered in the Territory in respect of which a certificate of airworthiness is in force shall not fly unless—

(a) the aircraft’s continued airworthiness, (including that of its engines, equipment and radio station), is managed by a person or organisation approved by the Governor in accordance with a maintenance programme under a maintenance control manual or equivalent document approved by the Governor in relation to that aircraft; and

(b) all airworthiness directives or equivalent issued by the State responsible for the certification standard of the aircraft have been complied with; and

(c) all inspections required in respect of the aircraft under the provisions of this Order have been completed; and

(d) there is a flight manual or equivalent document that is carried on, and available in, the aircraft for use by the flight crew containing the limitations within which the aircraft is considered airworthy, together with such additional instructions and information as may be necessary to secure compliance with the specified performance and operational requirements relating to that aircraft.

(2) In the case of an aircraft registered in the Territory and operated for commercial air transport purposes by the holder of an air operator’s certificate issued under article 64 the operator having the control of the aircraft shall provide a maintenance control manual or equivalent document acceptable to the Governor in relation to that aircraft.

(3) For the purposes of this article a “maintenance control manual” means a manual established in respect of an aircraft describing how the operator of that aircraft or approved organisation will comply with the provisions of the approved maintenance programme and ensure the continuing airworthiness of that aircraft.

(4) The operator referred to in paragraph (2) shall appoint an accountable person, acceptable to the Governor on the basis of his training, qualifications and experience, who shall be responsible for controlling the management of the maintenance of the aircraft in accordance with the maintenance control manual.

(5) The operator, owner or, where an aircraft is leased, the lessee of an aircraft registered in the Territory of which the maximum total weight authorised exceeds 2,700kg and that is not operated for commercial air transport purposes by the holder of an air operator’s certificate issued under article 64 shall appoint a technical coordinator, acceptable to the Governor, who shall ensure that arrangements for continuing airworthiness are put in place in accordance with the Governor’s requirements.

(6) A person appointed as an accountable person under paragraph (4) or as a technical coordinator under paragraph (5) shall ensure and shall verify that—

(a) maintenance has been carried out on an aircraft in accordance with the maintenance programme approved for that aircraft;

(b) inspections and modifications required by the Governor as provided in article 8(5)(b) and (c) have been completed as certified in the relevant certificate of release to service issued under this Order;

(c) defects entered in the technical log of the aircraft in accordance with article 11 have been rectified or the rectification thereof has been deferred in accordance with procedures approved by the Governor; and

(d) certificates of release to service have been issued under this Order and for this purpose the operator of the aircraft shall make available to that person such information as is necessary; and

(e) any technical assessments required by the manufacturer of the aircraft or as specified by the Governor are undertaken and reports of the continued airworthiness status of the aircraft are provided in accordance with arrangements acceptable to the Governor.

Aircraft records

11.—(1) The following aircraft records shall be kept in respect of an aircraft registered in the Territory—

(a) a technical log; and

(b) an aircraft logbook; and

(c) a separate logbook in respect of each engine fitted in the aircraft; and

(d) a separate logbook in respect of each variable pitch propeller fitted to the aircraft.

(2) A technical log shall be kept in respect of every aircraft registered in the Territory in respect of which a certificate of airworthiness is in force.

(3) In the case of an aircraft of which the maximum total weight authorised is 2700kg or less and which is not operated by the holder of an air operator’s certificate granted in accordance with article 64 a record in a form acceptable to the Governor may be kept instead of a technical log.

(4) At the end of every flight by an aircraft to which the provisions of this article apply the pilot-in-command of the aircraft shall enter in a technical log or approved record, as the case may be—

(i) the times when the aircraft took off and landed;

(ii) particulars of any defect which is known to him and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to him, an entry to that effect; and

(iii) such other particulars in respect of the airworthiness or operation of the aircraft as the Governor may require;

and shall sign and date such entries.

(5) In the case of a number of consecutive flights each of which begins and ends—

(a) within the same period of 24 hours;

(b) at the same aerodrome, except where each such flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and

(c) with the same person as pilot-in-command of the aircraft;

the pilot-in-command may, except where he becomes aware of a defect during an earlier flight, make the entries specified in paragraph (4) at the end of the last of such consecutive flights.

(6) Upon the rectification of any defect which has been entered in a technical log in accordance with paragraphs (4) and (5) a person issuing a certificate of release to service under this Order in respect of that defect shall enter the certificate in the technical log or approved record in such a position as to be readily identifiable with the defect to which it relates.

(7) The technical log referred to in this article shall be carried in the aircraft when article 116 so requires and copies of the entries referred to in this article shall he kept on the ground.

(8) In the case of a helicopter, if it is not reasonably practicable for the copy of the technical log or approved record to be kept on the ground it may be carried in the helicopter in a container approved by the Governor for that purpose.

(9) The logbooks referred to in subparagraphs (b), (c) and (d) of paragraph (1) shall include the particulars respectively specified by the Governor and shall be kept in a manner specified by him.

(10) Any document or electronic record that has been incorporated by reference in a logbook shall be deemed, for the purposes of this Order, to be part of the logbook.

(11) It shall be the duty of the operator of every aircraft, in respect of which technical logs and logbooks are required to be kept, to keep them or cause them to be kept in accordance with the requirements specified by the Governor.

Requirement for a certificate of release to service

12.—(1) This article applies to any aircraft registered in the Territory in respect of which a certificate of airworthiness has been or is to be issued under article 8.

(2) An aircraft to which this article applies shall not fly unless there is in force a certificate of release to service issued under this Order if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 8(5)(b), as the case may be.

(3) A certificate of release to service is not required to be in force in respect of an aircraft, of which the maximum total weight authorised does not exceed 2700kg and that is not operated for the purpose of commercial air transport or aerial work, in respect of which a certificate of airworthiness is in force if it flies in the circumstances specified in paragraph (4).

(4) The circumstances referred to in paragraph (3) are—

(a) the only repairs or replacements in respect of which a certificate of release to service is not in force are of a description as specified by the Governor;

(b) such repairs or replacements have been carried out personally by the holder of a pilot’s licence granted or rendered valid under this Order who is the owner or operator of the aircraft;

(c) the person carrying out the repairs or replacements shall keep in the aircraft log book kept in respect of the aircraft under article 11 a record which identifies the repairs or replacement and shall sign and date the entries;

(d) any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by the Governor either generally or in relation to a class of aircraft or one particular aircraft.

(5) Neither—

(a) equipment provided in compliance with article 15; nor

(b) radio apparatus provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not the apparatus is provided in compliance with this Order;

shall be installed or placed on board for use in an aircraft to which this article applies after being maintained, overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued under this Order.

(6) A certificate of release to service issued under this Order shall certify that the aircraft or any part thereof or its equipment has been inspected, overhauled, repaired, replaced, modified or maintained, as the case may be, in a manner and with material of a type approved by the Governor either generally or in relation to the particular aircraft and shall identify the inspection, overhaul, repair, replacement, modification or maintenance to which the certificate relates and shall include particulars of the work done.

(7) A certificate of release to service issued under this Order may be issued only by—

(a) the holder of an aircraft maintenance engineer’s licence granted under this Order, being a licence which entitles him to issue that certificate for aircraft that do not exceed 2700 kg and are not operated for the purpose of commercial air transport or aerial work; or

(b) the holder of an aircraft maintenance engineer’s licence granted under the law of a country other than the Territory and rendered valid under this Order, in accordance with the privileges endorsed on the licence and as authorised by the Governor to issue that certificate; or

(c) the holder of an aircraft maintenance engineer’s licence granted under this Order, in accordance with the privileges endorsed on the licence and as authorised by the Governor to issue that certificate; or

(d) the holder of an authorisation to issue that certificate granted by an organisation approved by the Governor; or

(e) a person whom the Governor has authorised to issue that certificate in a particular case, and in accordance with that authority.

Licensing and authorisations of maintenance engineers

13.—(1) The Governor shall grant an aircraft maintenance engineer’s licence upon being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence and skill in aeronautical engineering, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Governor may require of him.

(2) An aircraft maintenance engineer’s licence authorises the holder, subject to such conditions as may be specified in the licence, to issue certificates of release to service under this Order in respect of such repairs, replacements, modifications, maintenance and inspections of such aircraft and such equipment as may be so specified.

(3) A licence shall, subject to article 122, remain in force for the period specified therein, not exceeding 5 years, but may be renewed by the Governor from time to time upon his being satisfied as to the continued fitness and qualifications of the applicant.

(4) The Governor may issue a certificate rendering valid for the purposes of this Order any licence as an aircraft maintenance engineer granted under the law of any country other than the Territory.

(5) A licence or authorisation granted under this article shall not be valid unless it bears thereon the ordinary signature of the holder in ink.

(6) The Governor may, for the purposes of this article, either absolutely or subject to such conditions as he thinks fit—

(a) approve any course of training or instruction;

(b) authorise a person to conduct such examinations or tests as he may specify; and

(c) approve a person to provide or conduct any course of training or instruction.

(7) The holder of an aircraft maintenance engineer’s licence shall not exercise the privileges of such a licence if he knows or suspects that his physical or mental condition renders him unfit to exercise such privileges.

(8) The holder of an aircraft maintenance engineer’s licence shall not, when exercising the privileges of a licence, be under the influence of alcohol, any drug or any psychoactive substance, including prescribed or proprietary medication, so as to render that person unable safely and properly to exercise such privileges or so as to create a risk to the licence holder or any other person.

Approval of maintenance organisations

14.—(1) No person intending to engage in—

(a) any stage of the maintenance of aircraft, aircraft components or aircraft materials; or

(b) the manufacture of parts for the purpose of maintenance; or

(c) training activities associated therewith;

shall do so without first obtaining from the Governor a certificate of approval in respect of any of those activities.

(2) The Governor shall issue an approval to an organisation that complies with his requirements.

(3) A certificate of approval shall be in such form, be subject to such conditions and limitations and contain such particulars as may be determined by the Governor.

Equipment of aircraft

15.—(1) An aircraft shall not fly unless it is so equipped as to—

(a) comply with the law of the country in which it is registered or the State of the operator; and

(b) enable lights and markings to be displayed; and

(c) enable signals to be made;

in accordance with this Order and any regulations made hereunder.

(2) In the case of any aircraft registered in the Territory the equipment to be provided (in addition to any other equipment required by or under this Order) shall—

(a) be that specified in Schedule 4 as applicable to the purpose and the circumstances of the flight;

(b) comply with the provisions of that Schedule;

(c) be of a type approved by the Governor either generally or in relation to a class of aircraft or in relation to that aircraft; and

(d) be installed in a manner so approved.

(3) In any particular case or class of cases the Governor may give instructions that an aircraft registered in the Territory shall carry such additional equipment or supplies (including radio equipment) as he may specify for the purpose of—

(a) facilitating the navigation of the aircraft; or

(b) the carrying out of search and rescue operations; or

(c) securing the safety and the survival of the persons carried in the aircraft.

(4) The equipment carried in compliance with this article shall be installed or stowed and kept stowed, and maintained and adjusted so as to be readily accessible and capable of being used by the person for whose use it is intended.

(5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft.

(6) In every commercial air transport aircraft registered in the Territory there shall be provided individually for each passenger or, if the Governor so permits in writing, exhibited in a prominent position in every passenger compartment, a notice which complies with paragraph (7).

(7) A notice complies with this paragraph if it—

(a) is relevant to the aircraft in question;

(b) contains pictorial instructions on the brace position to be adopted in the event of an emergency landing;

(c) contains pictorial instructions on the method of use of the safety belts and safety harnesses as appropriate;

(d) contains pictorial information as to where emergency exits are to be found and instructions as to how they are to be used;

(e) contains pictorial information as to where the lifejackets, escape slides, liferafts and oxygen masks, if required to be provided by paragraph (2) or paragraph (3), are to be found and instructions as to how they are to be used.

(8) All equipment installed or carried in an aircraft, whether or not in compliance with this article, shall he installed or stowed and maintained and adjusted so as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.

Radio equipment of aircraft

16.—(1) An aircraft shall not fly unless it is equipped with radio and radio navigation equipment so as to comply with the law of the country in which the aircraft is registered or the State of the Operator and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order and any regulations made hereunder.

(2) In the case of an aircraft registered in the Territory the radio equipment that is required to be provided shall be that specified in Schedule 5 as applicable to the purpose and circumstances of the flight and shall be of a type approved by the Governor generally or in relation to a class of aircraft or in relation to that aircraft and be installed in a manner so approved.

(3) Subject to such exceptions as may be specified the radio and radio navigation equipment provided in compliance with this article in an aircraft registered in the Territory shall always be maintained in serviceable condition.

Minimum equipment requirements

17.—(1) The Governor may grant in respect of any aircraft or class of aircraft registered in the Territory an approval permitting such aircraft to commence a flight in specified circumstances notwithstanding that any specified item of equipment required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.

(2) An aircraft registered in the Territory shall not commence a flight if any of the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use unless—

(a) the aircraft does so otherwise than under and in accordance with the terms of an approval under this article which has been granted to the operator; and

(b) in the case of an aircraft to whichany of articles 66, 67 or 85 applies, the respective operations manual required thereby contains the particulars of that approval.

Aircraft weight schedule

18.—(1) Every aircraft in respect of which a certificate of airworthiness or permit to fly issued under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Governor may require or approve in the case of that aircraft.

(2) Upon the aircraft being weighed the operator of the aircraft shall prepare a weight schedule showing—

(a) either the basic weight of the aircraft, that is to say, the empty weight of the aircraft established in accordance with the type certification basis of the aircraft, or such other weight as may be approved by the Governor in the case of that aircraft; and

(b) either the position of the centre of gravity of the aircraft at its basic weight or such other position of the centre of gravity as may be approved by the Governor in the case of that aircraft.

(3) Subject to article 120, the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this article.

Access and inspection for airworthiness purposes

19.  The Governor may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part of this Order and any person authorised to do so in writing by the Governor may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any document relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory or other premises.

PART III AIRCRAFT CREW AND LICENSING

Composition of crew of aircraft

20.—(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—

(a) shall carry a flight crew adequate in number and description to ensure the safety of the aircraft;

(b) which has a flight manual, shall carry a flight crew of at least the number and description specified in the flight manual;

(c) which does not have a flight manual shall carry a flight crew of at least the number and description specified by the Governor in the Certificate of Airworthiness or Permit to Fly.

(3) A flying machine registered in the Territory and flying for the purpose of commercial air transport having a maximum total weight authorised exceeding 5700 kg shall carry at least two pilots as members of the flight crew.

(4) An aeroplane registered in the Territory shall carry at least two pilots as members of its flight crew if it—

(a) has a maximum total weight authorised of 5700 kg or less;

(b) is flying for the purpose of commercial air transport;

(c) is flying in circumstances where the pilot-in-command is required to comply with the Instrument Flight Rules; and

(d) comes within paragraph (5)

(5) For the purposes of paragraph (4)(d) an aeroplane comes within this paragraph if it has—

(a) one or more turbine jets;

(b) one or more turbine propeller engines and is provided with a means of pressurising the personnel compartments;

(c) two or more turbine propeller engines and a maximum approved passenger seating configuration of more than 9;

(d) two or more turbine propeller engines and a maximum approved passenger seating configuration of fewer than 10, and not provided with a means of pressurising the personnel compartments; unless it is equipped with an autopilot which has been approved by the Governor for the purposes of this article and which is serviceable on take-off; or

(e) two or more piston engines, unless it is equipped with an autopilot which has been approved by the Governor for the purposes of this article and which is serviceable on take-off.

(6) An aeroplane—

(a) described in paragraph (5)(d) or (5)(e) which is equipped with an approved autopilot is not required to carry two pilots, notwithstanding that before take-off the approved autopilot is found to be unserviceable, if the aeroplane flies in accordance with arrangements approved by the Governor;

(b) described in paragraph (5)(c), (d) or (e) which is flying under and in accordance with the terms of a police air operator’s certificate is not required to carry two pilots.

(7) A helicopter registered in the Territory shall carry at least two pilots as members of the flight crew if it—

(a) has a maximum total weight authorised of 5,700kg or less; and

(b) is flying for the purpose of commercial air transport; and

(c) is flying by day in circumstances where the pilot-in-command is required to comply with the Instrument Flight Rules or is flying at night.

(8) A helicopter described in paragraph (7) is not required to carry two pilots if it—

(a) is equipped with an autopilot with, at least, altitude hold and heading mode which is serviceable on take off;

(b) is equipped with such an autopilot, notwithstanding that before take-off the approved autopilot is found to be unserviceable, if the helicopter flies in accordance with arrangements approved by the Governor;

(c) is flying under and in accordance with the terms of a police air operator’s certificate; or

(d) is flying by day and remains clear of cloud and with the surface in sight.

(9) An aircraft registered in the Territory engaged on a flight for the purpose of commercial air transport shall carry—

(a) a flight navigator as a member of the flight crew; or

(b) navigational equipment suitable for the route to be flown;

if on the route or any diversion therefrom, being a route 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 3.

(10) A flight navigator carried in compliance with paragraph (9) shall be carried in addition to any person who is carried in accordance with this article to perform other duties.

(11) An aircraft registered in the Territory, which is required by article 16 to be equipped with radio communications apparatus, shall carry a flight radiotelephony operator as a member of the flight crew.

(12) Paragraphs (13) and (14) apply to any flight for the purpose of commercial air transport by an aircraft registered in the Territory which has a maximum approved passenger seating configuration of more than 19 and on which at least one passenger is carried.

(13) The crew of an aircraft on a flight to which this paragraph applies shall include cabin crew carried for the purposes of performing, in the interests of the safety of passengers, duties to be assigned by the operator or the pilot-in-command of the aircraft but who shall not act as members of the flight crew.

(14) On a flight to which this paragraph applies—

(a) there shall, subject to sub-paragraph (b), be carried not less than one member of the cabin crew for every 50 or fraction of 50 passenger seats installed in the aircraft;

(b) the number of members of the cabin crew calculated in accordance with sub-paragraph (a) need not be carried if 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.

(15) The Governor may in the interests of safety direct the operator of any aircraft registered in the Territory that all or any aircraft operated by him when flying in circumstances specified in the direction shall carry, in addition to the crew required to be carried by the foregoing provisions of this article, such additional persons as members of the flight crew or the cabin crew as he may specify in the direction.

Members of flight crew - requirement for licence

21.—(1) Subject to the provisions of this article, a person shall not act as a member of the flight crew of an aircraft registered in the Territory unless he is the holder of an appropriate licence granted or rendered valid under this Order.

(2) A person may within the Territory without being the holder of an appropriate licence—

(a) subject to article 25(5) of this Order, act as pilot-in-command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence if—

(i) he is at least 16 years of age;

(ii) he is the holder of a valid medical certificate to the effect that he is fit so to act issued by a person approved by the Governor;

(iii) he complies with any conditions subject to which that medical certificate was issued;

(iv) no other person is carried in the aircraft;

(v) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and

(vi) he so acts in accordance with instructions given by a person holding a pilot’s licence granted under this Order, being a licence which includes a flying instructor’s rating entitling him to give instruction in flying the type of aircraft being flown;

(b) act as a flight radiotelephony operator if he does so as a person being trained in an aircraft registered in the Territory to perform duties as a member of the flight crew of an aircraft, and is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment;

(c) subject to article 25(5) of this Order, act as pilot of an aircraft in respect of which the flight crew required to be carried by or under this Order does not exceed one pilot for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence if—

(i) the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests;

(ii) he so acts in accordance with instructions given by a person holding a pilot’s licence granted under this Order, being a licence which includes a flying instructor rating entitling him to give instruction in flying the type of aircraft being flown;

(iii) the aircraft is fitted with dual controls and he is accompanied in the aircraft by the said instructor who is seated at the other set of controls or the aircraft is fitted with controls designed for and capable of use by two persons and he is accompanied in the aircraft by the said instructor who is seated so as to be able to use the controls.

(3) A person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered in a country other than the Territory unless—

(a) in the case of an aircraft flying for the purpose of commercial air transport or aerial work, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or

(b) in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Governor does not in the particular case give a direction to the contrary.

(4) A person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in the Territory for the purpose of undergoing training or tests for the grant or renewal of a pilot’s licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the conditions specified in paragraph (5) are complied with.

(5) The conditions referred to in paragraph (4) are—

(a) no other person shall be carried in the aircraft or in an aircraft being towed thereby except—

(i) a person carried as a member of the flight crew in compliance with this Order;

(ii) a person authorised by the Governor to witness the training or tests or to conduct the tests; or

(iii) if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft; and

(b) the person acting as the pilot of the aircraft without being the holder of an appropriate licence either—

(i) within the period of six months immediately preceding was serving as a qualified pilot of an aircraft in any of Her Majesty’s naval, military or air forces, and his physical condition has not, so far as he is aware, so deteriorated during that period as to render him unfit for the licence for which he intends to qualify; or

(ii) holds a pilot’s, a flight navigator’s or a flight engineer’s licence granted under article 22 and the purpose of the training or test is to enable him to qualify under this Order for the grant of a pilot’s licence or for the inclusion of an additional type in the aircraft rating in his licence and he acts under the supervision of a person who is the holder of an appropriate licence.

(6) A person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the Territory for the purposes of undergoing training or tests for the grant or renewal of a flight navigator’s or a flight engineer’s licence or for the inclusion, renewal or extension of a rating therein, without being the holder of an appropriate licence if he acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

(7) A person may act as a member of the flight crew of an aircraft registered in the Territory without being the holder of an appropriate licence if, in so doing, he is acting in the course of his duty as a member of any of Her Majesty’s naval, military or air forces.

(8) An appropriate licence for the purposes of this article means a licence that entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.

(9) The holder of a licence granted or rendered valid under this Order, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in the Territory in or over the territory of a Contracting State other than the Territory except in accordance with permission granted by the competent authorities of that State;

(10) The holder of a licence granted or rendered valid under the law of a Contracting State other than the Territory, being a licence endorsed as provided in paragraph (9), shall not act as a member of the flight crew of any aircraft in or over the Territory except in accordance with permission granted by the Governor, whether or not the licence is or is deemed to be rendered valid under this Order.

Grant, renewal and effect of flight crew licences

22.—(1) The Governor shall grant licences of any of the classes specified in Schedule 6 authorising the holder to act as a member of the flight crew of an aircraft registered in the Territory upon being satisfied that the applicant—

(a) is a fit person to hold the licence; and

(b) is qualified by reason of his knowledge, experience, competence, skill and physical and mental fitness to act in the capacity to which the licence relates; and

(c) complies with his requirements;

and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests and undertake such course of training as the Governor may require of him.

(2) A licence granted under this article shall not be valid unless it bears thereon the ordinary signature of the holder in ink.

(3) Subject to article 122, a licence shall remain in force for the period indicated in the licence and may be renewed by the Governor from time to time upon his being satisfied as to the continued fitness and qualifications of the applicant and if no period is indicated in the licence it shall remain in force for the lifetime of the holder.

(4) A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence.

(5) The Governor may include in a licence a rating of any of the classes specified in requirements published by him, upon his being satisfied that the applicant is qualified to act in the capacity to which the rating relates, and such rating shall be deemed to form part of the licence.

(6) Subject to any conditions of the licence and to the provisions of this Order, a licence of any class shall entitle the holder to perform the functions specified in that licence and a rating of any class shall entitle the holder of the licence in which such rating is included to perform the functions specified in respect of that rating.

Maintenance of privileges of aircraft ratings in licences

23.—(1) The holder of a pilot’s licence or a flight engineer’s licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of test or a valid certificate of experience in respect of the rating, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with the requirements of the Governor and shall otherwise comply with those requirements.

(2) The holder of a Private Pilot’s Licence (Balloons and Airships) shall be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight when the licence does not bear such a certificate.

(3) The holder of a Private Pilot’s Licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the certificate of test or certificate of experience required by paragraph (1) is included in the personal flying log book required to be kept by him under article 28.

(4) The holder of a flight navigator’s licence shall not be entitled to perform functions on a flight to which article 20(9) applies unless the licence bears a valid certificate of experience in accordance with the requirements of the Governor, which certificate shall be appropriate to the functions he is to perform on that flight.

Maintenance of privileges of other ratings in licences

24.  A person shall not be entitled to perform the functions to which an instrument rating (aeroplanes), an instrument rating (helicopters), or a flying instructor’s rating, relates unless his licence bears a valid certificate of test, which certificate shall be appropriate to the functions to which the rating relates in accordance with the requirements of the Governor and shall otherwise comply with those requirements.

Medical requirements for licence holders

25.—(1) The holder of a licence granted under article 22, other than a Flight Radiotelephony Operator’s Licence, shall not be entitled to perform any of the functions to which his licence relates unless it includes an appropriate valid medical certificate.

(2) Every applicant for or holder of a licence granted under article 22 shall upon such occasions as the Governor may require submit himself to medical examination by a person approved by the Governor, either generally or in a particular case or class of cases, who shall make a report to the Governor in such form as the Governor may require.

(3) Where the medical examination referred to in paragraph (2) has been conducted in the Territory, the Governor or any person approved by him as competent to do so may issue a medical certificate subject to such conditions as he thinks fit to the effect that he has assessed the holder of the licence as meeting the requirements specified in respect of the certificate and the certificate shall, without prejudice to paragraph (6) of this article, be valid for such period as is therein specified and shall be deemed to form part of the licence.

(4) Where a medical examination is conducted outside the Territory the person conducting the examination shall, in addition to making a report to the Governor, issue a certificate certifying, if such is in his opinion the case, that the holder of the licence is fit to perform the functions to which the licence relates and the said certificate may be deemed by the Governor to be a medical certificate for the purposes of this article, and if so shall be valid for such period as may be specified therein in writing by the person conducting the examination.

(5) A person shall not be entitled to act as a member of the flight crew of an aircraft registered in the Territory if he knows or suspects that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.

(6) Every holder of a medical certificate issued under this article who—

(i) suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew;

(ii) suffers any illness involving incapacity to undertake those functions throughout a period of 21 days or more; or

(iii) in the case of a woman, has reason to believe that she is pregnant;

shall inform the Governor in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 21 days has expired in the case of illness.

(7) The medical certificate shall be deemed to be suspended upon the occurrence of such injury or the expiry of such period of illness or the confirmation of the pregnancy, and—

(a) in the case of injury or illness the suspension shall cease upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume his functions as a member of the flight crew or upon the Governor exempting, subject to such conditions as he thinks fit, the holder from the requirement of a medical examination; and

(b) in the case of pregnancy, the suspension may be lifted by the Governor for such period and subject to such conditions as he thinks fit and shall cease upon the holder being medically examined under arrangements made by the Governor after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.

Miscellaneous licensing provisions

26.—(1) A person who, on the last occasion when he took a test for the purposes of articles 23 or 24, failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it.

(2) Nothing in this Order shall prohibit the holder of a pilot’s licence from acting as pilot of an aircraft certificated for single pilot operation when, with the permission of the Governor, he is testing any person for the purposes of articles 22(1), 22(5), 23, or 24, even if—

(a) the type of aircraft in which the test is conducted is not specified in an aircraft rating included in his licence; or

(b) the licence or personal flying log book, as the case may be, does not include a valid certificate of test, experience or revalidation in respect of the type of aircraft.

(3) Where any requirement permits a test to be conducted in a flight simulator approved by the Governor, that approval may be granted subject to such conditions as he thinks fit.

(4) Without prejudice to any other provision of this Order the Governor may, for the purpose of this Part of this Order—

(a) approve any course of training or instruction;

(b) authorise a person to conduct such examinations or tests as he may specify; and

(c) approve a person to provide any course of training or instruction.

Validation of licences

27.—(1) The Governor may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of this Order any flight crew licence granted under the law of any country other than the Territory.

(2) For the purposes of this Part of this Order a licence granted under the law of a Contracting State other than the United Kingdom or the Territory, purporting to authorise the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorise him to act as a student pilot only, shall, unless the Governor in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under this Order but does not entitle the holder—

(a) to act as a member of the flight crew of any aircraft flying for the purpose of commercial air transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or

(b) in the case of a pilot’s licence, to act as pilot of any aircraft flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules; or

(c) to give any instruction in flying.

Personal flying logbook

28.—(1) Every member of the flight crew of an aircraft registered in the Territory and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under this Order shall keep a personal flying logbook in which the following particulars shall be recorded—

(a) the name and address of the holder of the log book;

(b) particulars of the holder’s licence (if any) to act as a member of the flight crew of an aircraft; and

(c) the name and address of his employer (if any).

(2) Particulars of each flight during which the holder of the log book acted either as a member of the flight crew of an aircraft or for the purpose of qualifying for the grant or renewal of a licence under this Order, as the case may be, shall be recorded in the logbook at the end of each flight or as soon thereafter as is reasonably practicable, including—

(a) the date, the places at which the holder embarked on and disembarked from the aircraft and the time spent during the course of a flight when he was acting in either capacity;

(b) the type and registration marks of the aircraft;

(c) the capacity in which the holder acted in flight;

(d) particulars of any special conditions under which the flight was conducted, including night flying and instrument flying; and

(e) particulars of any test or examination undertaken whilst in flight.

(3) For the purposes of this article, a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.

(4) Particulars of any test or examination undertaken whilst in a flight simulator shall be recorded in the logbook, including—

(a) the date of the test or examination;

(b) the type of simulator;

(c) the capacity in which the holder acted; and

(d) the nature of the test or examination.

Instruction in flying

29.—(1) A person shall not give any instruction in flying to which this article applies unless—

(a) he holds a licence, granted or rendered valid under this Order entitling him to act as pilot-in-command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and

(b) his licence includes an instructor’s rating entitling the holder to give the instruction.

(2) This article applies to instruction in flying given to any person flying or about to fly a flying machine or glider for the purpose of becoming qualified for—

(a) the grant of a pilot’s licence; and

(b) the inclusion or variation of any rating in his licence.

Glider pilot-minimum age

30.  A person under the age of 16 years shall not act as pilot-in-command of a glider.

PART IV PROTECTION OF CREW

Application and interpretation of Part IV

31.—(1) Subject to paragraph (2), articles 32 and 33 apply in relation to any aircraft registered in the Territory that is either—

(a) engaged on a flight for the purpose of commercial air transport; or

(b) operated by an air transport undertaking; or

(c) operated by a person or organisation to which article 84 applies.

(2) Articles 32 and 33 shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or flying school, or a person who is not an air transport undertaking.

(3) For the purposes of this Order—

(a) ‘flight time’, in relation to any person, means all time spent by that person in—

(i) a civil aircraft whether or not registered in the Territory (other than an aircraft of which the maximum total weight authorised does not exceed 1600 kg and which is not flying for the purpose of commercial air transport or aerial work); or

(ii) a military aircraft;

while it is in flight and he is carried as a member of the crew thereof;

(b) ‘day’ means a continuous period of 24 hours beginning at midnight Co-ordinated Universal Time; and

(c) a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.

Fatigue of crew - operator’s responsibilities

32.—(1) The operator of an aircraft to which this article applies shall not cause or permit that aircraft to make a flight unless—

(a) he has established a scheme or fatigue management programme for the regulation of flight times for every person flying in that aircraft as a member of its crew; and

(b) the scheme or programme is approved by the Governor; and

(c) either—

(i) the scheme or programme is incorporated in the operations manual required by either article 66 or article 85; or

(ii) in any case where an operations manual is not required by either of those articles, the scheme or programme is incorporated in a document, a copy of which has been made available to every person flying in that aircraft as a member of its crew; and

(d) he has taken all such steps as are reasonably practicable to ensure that the provisions of the scheme or programme will be complied with in relation to every person flying in that aircraft as a member of its crew.

(2) The operator of an aircraft to which this article applies shall not cause or permit any person to fly therein as a member of its crew if he knows or has reason to believe that the person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue while he is so flying as may endanger the safety of the aircraft or of its occupants.

(3) The operator of an aircraft to which this article applies shall not cause or permit any person to fly therein as a member of its flight crew unless the operator has in his possession an accurate and up-to-date record in respect of that person and in respect of the 28 days immediately preceding the flight showing—

(a) all his flight times, and

(b) brief particulars of the nature of the functions performed by him in the course of his flight times.

(4) The record referred to in paragraph (3) shall, subject to article 120, be preserved by the operator of that aircraft until a date 12 months after the flight referred to in that paragraph.

Fatigue of crew - responsibilities of crew

33.—(1) A person shall not act as a member of the crew of an aircraft to which this article applies if he knows or suspects that he is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants.

(2) A person shall not act as a member of the flight crew of an aircraft to which this article applies unless he has ensured that the operator of the aircraft is aware of his flight times during the period of 28 days preceding the flight.

Flight times - responsibilities of flight crew

34.—(1) Subject to paragraph (2), a person shall not act as a member of the flight crew of an aircraft registered in the Territory if at the beginning of the flight the aggregate of all his previous flight times—

(a) during the period of 28 consecutive days expiring at the end of the day on which the flight begins exceeds 100 hours; or

(b) during the period of twelve months expiring at the end of the previous month exceeds 900 hours.

(2) This article shall not apply to a flight that is—

(a) a private flight in an aircraft of which the maximum total weight does not exceed 1600 kg; or

(b) a flight which is not for the purpose of commercial air transport and is not operated by an air transport undertaking where, at the time when the flight begins, the aggregate of all the flight times of the member of the flight crew concerned since he was last medically examined and found fit by a person approved by the Governor for the purpose of article 25(2) does not exceed 25 hours.

Protection of aircrew from cosmic radiation

35.—(1) A relevant undertaking shall take appropriate measures to—

(a) assess the exposure to cosmic radiation when in flight of those aircrew who are liable to be subject to cosmic radiation in excess of 1 milliSievert per year;

(b) take into account the assessed exposure when organising work schedules with a view to reducing the doses of highly exposed aircrew; and

(c) inform the workers concerned of the health risks their work involves.

(2) A relevant undertaking shall ensure that in relation to a pregnant aircrew member, the conditions of exposure to cosmic radiation when she is in flight are such that the equivalent dose to the foetus will be as low as reasonably achievable and is unlikely to exceed 1 milliSievert during the remainder of the pregnancy.

(3) Nothing in paragraph (2) shall require the undertaking concerned to take any action in relation to an aircrew member until she has notified the undertaking in writing that she is pregnant.

(4) The definition in article 156 of “crew” shall not apply for the purposes of this article.

(5) In this article and in article 36—

(a) “aircrew” means every person employed or engaged in an aircraft in flight on the business of the aircraft;

(b) “undertaking” includes a natural or legal person and “relevant undertaking” means an undertaking which operates aircraft and is established in the Territory, and

(c) “year” means any period of twelve months.

Keeping and production of records of exposure to cosmic radiation

36.—(1) A relevant undertaking shall keep a record for the period and in the manner specified by the Governor of the exposure to cosmic radiation of aircrew assessed under article 35 and the names of the aircrew concerned.

(2) A relevant undertaking shall, within a reasonable period after being requested to do so by an authorised person, produce to that person the record required to be kept under paragraph (1).

(3) A relevant undertaking shall, within a reasonable period after being requested to do so by a person, in respect of whom a record is required to be kept under paragraph (1), supply a copy of that record to that person.

PART V MOVEMENT OF AIRCRAFT

Rules of the Air

37.—(1) The Governor may, by regulation, make Rules of the Air supplementary to but not inconsistent with the Rules of the Air in Schedule 8.

(2) It shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air.

(3) It shall be lawful for the Rules of the Air to be departed from to the extent necessary—

(a) for avoiding immediate danger;

(b) for complying with the law of any country other than the Territory within which the aircraft then is; or

(c) for complying with Military Flying Regulations (Joint Service Publication 550) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State in relation to an aircraft of which the pilot-in-command is acting in the course of his duty as a member of any of Her Majesty’s naval, military or air forces.

(4) If any departure from the Rules of the Air is made for the purpose of avoiding immediate danger, the pilot-in-command of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Governor.

(5) Nothing in the Rules of the Air shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.

Power to prohibit or restrict flying

38.—(1) Where the Governor deems it necessary in the public interest to restrict or prohibit flying by reason of—

(a) the intended gathering or movement of a large number of persons;

(b) the intended holding of an aircraft race or contest or of a flying display; or

(c) national defence or any other reason affecting the public interest;

he may make regulations prohibiting, restricting or imposing conditions on flights by aircraft specified in paragraph (2) and flying in the circumstances specified in paragraph (2).

(2) The aircraft and circumstances referred to in paragraph (1) are—

(a) aircraft, whether or not registered in the Territory, in any airspace over the Territory or in the neighbourhood of an offshore installation; and

(b) aircraft registered in the Territory, in any other airspace, being airspace in respect of which the Government of the Territory has under international arrangements undertaken to provide navigation services for aircraft.

(3) Regulations made under this article may apply either generally or in relation to any class of aircraft.

(4) It shall be an offence to contravene or permit the contravention of or fail to comply with any regulations made hereunder.

(5) If the pilot-in-command of an aircraft becomes aware that the aircraft is flying in contravention of any regulations which have been made for any of the reasons referred to in paragraph (1)(c) he shall, unless otherwise instructed under paragraph (6), cause the aircraft to leave the area to which the regulations relate by flying to the least possible extent over such area and the aircraft shall not begin to descend while over such an area.

(6) The pilot-in-command of an aircraft flying either within an area for which regulations have been made for any of the reasons referred to in paragraph (1)(c) or within airspace notified as a Danger Area shall forthwith comply with instructions given by radio by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.

Balloons, kites, airships, gliders and parascending parachutes

39.—(1) The provisions of this article apply only to or in relation to aircraft within the Territory.

(2) A balloon in captive or tethered flight shall not be flown within 60 metres of any vessel, vehicle or structure except with the permission of the person in charge of any such vessel, vehicle or structure.

(3) Without the permission of the Governor—

(a) a glider or parascending parachute shall not be launched by winch and cable or by ground tow to a height of more than 60 metres above ground level;

(b) a balloon in captive flight shall not be flown within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

(c) a balloon in captive or tethered flight shall not be flown at a height measured to the top of the balloon of more than 60 metres above ground level;

(d) a kite shall not be flown at a height of more than 30 metres above ground level within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

(e) a kite shall not be flown at a height of more than 60 metres above ground level; and

(f) a parascending parachute shall not be launched by winch and cable or by ground tow within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

(4) An uncontrollable balloon in captive or released flight shall not be flown in airspace notified for the purposes of this paragraph without the permission in writing of the Governor.

(5) A controllable balloon shall not be flown in free controlled flight—

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

except during the day and in visual meteorological conditions.

(6) A controllable balloon shall not be flown in tethered flight—

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traffic zone of a notified aerodrome;

except with the permission of the appropriate air traffic control unit.

(7) A balloon when in captive flight shall be securely moored and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.

(8) An airship with a capacity exceeding 3000 cubic metres shall not be moored other than at a notified aerodrome except with the permission in writing of the Governor.

(9) An airship with a capacity not exceeding 3000 cubic metres, unless it is moored on a notified aerodrome, shall not be moored—

(a) within 2 km of a congested area; or

(b) within the aerodrome traffic zone of a notified aerodrome;

except with the permission in writing of the Governor.

(10) An airship when moored in the open shall be securely moored and shall not be left unattended.

(11) A person shall not cause or permit—

(a) a group of small balloons exceeding 1,000 in number to be simultaneously released at a single site wholly or partly within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome unless that person has given to the Governor not less than 28 days previous notice in writing of the release;

(b) a group of small balloons exceeding 2000 but not exceeding 10000 in number to be simultaneously released at a single site—

(i) within airspace notified for the purposes of this sub-paragraph; or

(ii) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

without the permission of the Governor;

(c) a group of small balloons greater than 10000 in number to be simultaneously released at a single site except with the permission in writing of the Governor.

(12) For the purposes of this article—

(a) ‘simultaneously released at a single site’ shall mean the release of a specified number of balloons during a period not exceeding 15 minutes from within an area not exceeding 1 km square;

(b) ‘a notified aerodrome’ is an aerodrome notified for the purposes of rule 45 of the Rules of the Air and the ‘notified operating hours’ means the times notified in respect of an aerodrome during which that rule applies.

Regulation of small aircraft

40.—(1) A person shall not cause or permit any article or animal (whether or not attached to a parachute) to be dropped from a small aircraft so as to endanger persons or property.

(2) The person in charge of a small aircraft which weighs more than 7 kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight shall not fly such an aircraft—

(a) unless the person in charge of the aircraft has reasonably satisfied himself that the flight can safely be made;

(b) in Class A, C, D or E airspace unless the permission of the appropriate air traffic control unit has been obtained;

(c) within an aerodrome traffic zone during the notified hours of watch of the air traffic control unit (if any) at that aerodrome unless the permission of any such air traffic control unit has been obtained;

(d) at a height exceeding 400 ft above the surface unless it is flying in airspace described in sub-paragraphs (b) or (c) and in accordance with the requirements thereof; or

(e) for aerial work purposes other than in accordance with a permission issued by the Governor.

PART VI OPERATION OF AIRCRAFT

Operation of aircraft

41.  A person may not operate an aircraft registered in the Territory, or an aircraft registered elsewhere than in the Territory in or over the Territory, unless that person complies with—

(a) the aircraft flight manual or equivalent document except as provided in article 8(4); and

(b) the Rules of the Air and any supplemental Rules of the Air made by the Governor under article 37(1); and

(c) such instructions as shall be given and published by the Governor in respect of the operation and safety of aircraft and the safety of persons and property carried therein; and

(d) such instructions as shall be given by the Governor in respect of the instruments and equipment to be installed therein or carried thereon.

Aerodrome operating minima

42.—(1) This article applies to any aircraft that is not operating for the purposes of commercial air transport.

(2) An aircraft to which this article applies shall not—

(a) conduct a Category II, Category IIIA or Category IIIB approach and landing; or

(b) take off when the relevant runway visual range is less than 150 metres;

otherwise than under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.

(3) In the case of an aircraft registered in the Territory, an approval referred to in paragraph (2) shall be issued by the Governor.

(4) Without prejudice to the provisions of paragraph (2) an aircraft to which this article applies, when making a descent at an aerodrome to a runway in respect of which there is a notified instrument approach procedure, shall not descend from a height of 1000 ft or more above the aerodrome to a height less than 1000 ft above the aerodrome if the reported visibility or relevant runway visual range for that runway is at the time less then the specified minimum for landing.

(5) Without prejudice to the provisions of paragraph (2) an aircraft to which this article applies when making a descent to a runway in respect of which there is a notified instrument approach procedure shall not—

(a) continue an approach to landing at such a runway by flying below the relevant specified decision height;

(b) descend below the relevant specified minimum descent height;

unless in either case from such height the specified visual reference for landing is established and is maintained.

(6) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot-in-command of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.

(7) A flight to be conducted in accordance with the Instrument Flight Rules to an aerodrome when no alternate aerodrome is available shall not be commenced unless—

(a) a designated instrument approach procedure is available for the aerodrome of intended landing; and

(b) available current meteorological information indicates that visual meteorological conditions will exist at the aerodrome of intended landing from two hours before to two hours after the estimated time of arrival.

(8) A flight shall not be continued towards the aerodrome of intended landing unless the latest available information indicates that conditions at that aerodrome, or at least one alternate aerodrome, will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.

(9) In this article “specified” in relation to aerodrome operating minima means the particulars of aerodrome operating minima as have been notified in respect of the aerodrome or if the relevant minima have not been notified such minima as are ascertainable by reference to the notified method for calculating the aerodrome operating minima.

(10) In this article “Category II, Category IIIA and Category IIIB approach and landing” have the same meaning as in article 76(8).

(11) In this article “designated” in relation to an instrument approach procedure means notified, prescribed or otherwise designated by the relevant competent authority.

Pilots to remain at controls

43.—(1) The pilot-in-command of a flying machine or glider registered in the Territory shall cause one pilot to remain at the controls at all times while it is in flight.

(2) If the flying machine or glider is required by or under this Order to carry two pilots, the pilot-in-command shall cause both pilots to remain at the controls during take-off and landing.

(3) If the flying machine or glider carries two or more pilots (whether or not it is required to do so) and is engaged on a flight for the purpose of the commercial air transport of passengers, the pilot-in-command shall remain at the controls during take-off and landing.

(4) An operator shall not permit a helicopter rotor to be turned under power for the purpose of making a flight unless there is a person at the controls entitled in accordance with the provisions of article 21 to act as pilot-in-command of the helicopter.

(5) Each pilot at the controls shall be secured in his seat by either a safety belt with or without one diagonal shoulder strap, or a safety harness except that during take-off and landing a safety harness shall be worn if it is required by article 15 to be provided.

Wearing of survival suits by crew

44.—(1) Each member of the crew of an aircraft registered in the Territory shall wear a survival suit if such a suit is required by article 15 to be carried.

(2) This article does not apply to any member of the crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

Pre-flight action by pilot-in-command of an aircraft

45.  The pilot-in-command of an aircraft shall reasonably satisfy himself before the aircraft takes off—

(a) that the flight can safely be made, taking into account the latest information available as to the route and aerodrome to be used, the weather reports and forecasts available and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

(b) (i) that the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is carried and is in a fit condition for use; or

(ii) that the flight may commence under and in accordance with the terms of a permission granted to the operator under article 17;

(c) that the aircraft is in every way fit for the intended flight;

(d) that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight;

(e) in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies, and, in the case of a flight for the purpose of commercial air transport, that the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;

(f) in the case of an airship or balloon, that sufficient ballast is carried for the intended flight;

(g) in the case of a flying machine that, having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter and making a safe landing at the place of intended destination; and

(h) that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft.

Passenger briefing by pilot-in-command

46.  The pilot-in-command of an aircraft registered in the Territory shall take all reasonable steps to ensure—

(a) before the aircraft takes off on any flight, that all passengers are made familiar with the position and method of use of emergency exits, safety belts (with diagonal shoulder strap where required to be carried), safety harnesses and (where required to be carried) oxygen equipment, lifejackets and the floor path lighting system and all other devices required by or under this Order and intended for use by passengers individually in the case of an emergency occurring to the aircraft; and

(b) that in an emergency during a flight, all passengers are instructed in the emergency action which they should take.

Survival equipment - non-commercial air transport flights

47.—(1) This article applies to any aircraft registered in the Territory that is flying for a purpose other than commercial air transport.

(2) The pilot-in-command of an aircraft to which this article applies shall reasonably satisfy himself before take-off that the aircraft carries such additional equipment as he shall reasonably consider necessary for the purpose of facilitating the survival of the persons carried in the aircraft.

(3) In satisfying himself as required by paragraph (2) the pilot-in-command shall have regard to the circumstances of the intended flight, including in particular the likelihood of ditching and the availability of search and rescue facilities.

Use of oxygen - non-commercial air transport flights

48.—(1) This article applies to any aircraft registered in the Territory and flying for any purpose other than commercial air transport.

(2) In relation to every flight to which this article applies the pilot-in-command of the aircraft shall, except where the cabin pressure altitude does not exceed 10,000 feet during the flight, take all reasonable steps to ensure that—

(a) before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 15 is demonstrated to all passengers;

(b) when flying above flight level 130 all passengers and crew members are instructed to use oxygen;

(c) during any period when the aircraft is flying above flight level 100 up to and including flight level 130 oxygen is used by all the flight crew of the aircraft for that part of the flight at those altitudes that is of more than 30 minutes duration; and

(d) during any period when the aircraft is flying above flight level 130 oxygen is used continuously by all the flight crew of the aircraft.

Operation of radio in aircraft

49.—(1) A radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered or the State of the operator and by a person duly licensed or otherwise permitted to operate the radio station under that law.

(2) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft.

(3) The radio watch referred to under paragraph (2)—

(a) may be discontinued or continued on another frequency to the extent that a message so permits;

(b) may be kept by a device installed in the aircraft if—

(i) the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and

(ii) that station is notified, or in the case of a station situated in a country other than the Territory, otherwise designated as transmitting a signal suitable for that purpose.

(4) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he may be instructed by the appropriate air traffic control unit or as may be notified in relation to any notified airspace in which the aircraft is flying.

(5) The radio station in an aircraft shall not be operated so as to cause interference with or which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows—

(a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;

(b) distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;

(c) messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; and

(d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1).

(6) In any flying machine registered in the Territory which is engaged on a flight for the purpose of commercial air transport the pilot and the flight engineer (if any) shall not make use of a hand-held microphone (whether for the purpose of radio communication or of intercommunication within the aircraft) whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing.

Minimum navigation performance

50.—(1) An aircraft registered in the Territory shall not fly in North Atlantic or other Notified Minimum Navigation Performance Specification airspace unless it is equipped with navigation systems which enable the aircraft to maintain the navigation performance capability specified in regulation 3 in Schedule 9.

(2) The equipment required by paragraph (1) shall—

(a) be approved by the Governor;

(b) installed and maintained in a manner approved by the Governor; and

(c) while the aircraft is flying in the said airspace, be operated in accordance with procedures approved by the Governor.

Height keeping performance - aircraft registered in the Territory

51.—(1) An aircraft registered in the Territory shall not fly in reduced vertical separation minimum airspace notified for the purpose of this article, unless otherwise authorised by the appropriate air traffic control unit and unless it is equipped with height keeping systems which enable the aircraft to maintain the prescribed height keeping performance capability.

(2) The equipment required by paragraph (1) shall—

(a) be approved by the Governor;

(b) be installed and maintained in a manner approved by the Governor; and

(c) while the aircraft is flying in the said airspace, be operated in accordance with procedures approved by the Governor.

Height keeping performance - aircraft not registered in the Territory

52.  An aircraft registered elsewhere than in the Territory shall not fly in Territory reduced vertical separation minimum airspace unless otherwise authorised by the appropriate air traffic control unit and unless—

(a) it is so equipped with height keeping systems as to comply with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying in any specified areas; and

(b) the said equipment is capable of being operated so as to enable the aircraft to maintain the height keeping performance prescribed in respect of the airspace in which the aircraft is flying, and it is so operated.

Area navigation and required navigation performance capabilities – aircraft registered in the Territory

53.—(1) An aircraft registered in the Territory shall not fly in designated required navigation performance airspace unless it is equipped with area navigation systems which enable the aircraft to maintain the navigation performance capability specified in respect of that airspace.

(2) While an aircraft is flying in such airspace the equipment required by paragraph (1) shall be operated in accordance with procedures approved by the Governor.

(3) The equipment required by paragraph (1) shall be approved by the Governor and installed and maintained in a manner approved by the Governor.

(4) An aircraft need not comply with the requirements of paragraphs (1) and (2) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

Area navigation and required navigation performance capabilities – aircraft not registered in the Territory

54.—(1) An aircraft registered elsewhere than in the Territory shall not fly in designated required navigation performance airspace in the Territory unless it is equipped with area navigation systems so as to comply with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within designated required navigation performance airspace.

(2) The navigation equipment required by paragraph (1) shall be capable of being operated so as to enable the aircraft to maintain the navigation performance capability notified in respect of the airspace in which the aircraft is flying, and it is so operated.

(3) An aircraft need not comply with the requirements of paragraph (2) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

Use of airborne collision avoidance system

55.  On any flight on which an airborne collision avoidance system is required in accordance with article 16 to be carried in an aeroplane the system shall be operated—

(a) in the case of an aircraft to which article 66 applies, in accordance with procedures contained in the operations manual for the aircraft;

(b) in the case of an aircraft registered in the Territory to which article 66 does not apply, in accordance with procedures which are suitable having regard to the purposes of the equipment; or

(c) in the case of an aircraft which is registered elsewhere than in the Territory, in accordance with any procedures with which it is required to comply under the law of the country in which the aircraft is registered.

Use of flight recording systems and preservation of records

56.—(1) On any flight on which a flight data recorder, a cockpit voice recorder or a combined cockpit voice recorder/flight data recorder is required in accordance with article 15 to be carried in an aeroplane, it shall be operated continuously from the time the first engine is started for the purpose of making a flight until the time the last engine is shut down after landing.

(2) On any flight on which a cockpit voice recorder, a flight data recorder or a combined cockpit voice recorder/flight data recorder is required under article 15 to be carried in a helicopter, it shall be operated continuously from the time the rotors first turn for the purpose of making a flight until the rotors are next stopped.

(3) In the event of an incident or accident the pilot-in-command and the operator of the aircraft shall ensure that flight recorders are de-activated and shall, subject to article 120, preserve the flight recorder and records in accordance with such requirements as may be prescribed or as directed by the Governor.

(4) The operator of the aircraft shall ensure that operational checks and evaluations of recordings from the flight data recorder and cockpit voice recorder systems are conducted in accordance with requirements made under articles 7 and 10 to ensure the continued serviceability of the recorders.

Carriage of weapons and of munitions of war

57.—(1) An aircraft shall not carry any munition of war unless—

(a) such munition of war is carried with the written permission of the Governor and in accordance with any conditions relating thereto;

(b) the pilot-in-command of the aircraft is informed in writing by the operator before the flight commences of the type, weight or quantity and location of any such munition of war on board or suspended beneath the aircraft and any conditions of the permission of the Governor.

(2) In the case of an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate the pilot-in-command of the aircraft shall be informed of the matters referred to in sub-paragraph (1)(b) but he need not be so informed in writing.

(3) It shall be unlawful for an aircraft to carry any sporting weapon or munition of war in any compartment or apparatus to which passengers have access.

(4) It shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any sporting weapon or munition of war unless—

(a) the sporting weapon or munition of war—

(i) is either part of the baggage of a passenger on the aircraft or consigned as cargo to be carried thereby;

(ii) is carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers; and

(iii) in the case of a firearm, is unloaded.

(b) particulars of the sporting weapon or munition of war have been furnished by that passenger or by the consignor to the operator before the flight commences; and

(c) without prejudice to paragraph (1) the operator consents to the carriage of such sporting weapon or munition of war by the aircraft.

(5) Paragraphs (3) and (4) do not apply to or in relation to an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate.

(6) Nothing in this article applies to any sporting weapon or munition of war taken or carried on board an aircraft registered in a country other than the Territory if the sporting weapon or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

(7) For the purposes of this article—

(a) ‘munition of war’ means—

(i) any weapon or ammunition;

(ii) any article containing an explosive, noxious liquid or gas; or

(iii) any other thing which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article;

(b) ‘sporting weapon’ means—

(i) any weapon or ammunition;

(ii) any article containing an explosive, noxious liquid or gas; or

(iii) any other thing, including parts, whether components or accessories, for such weapon, ammunition or article;

which is not a munition of war.

Carriage of dangerous goods

58.—(1) It is an offence to contravene or permit the contravention of or fail to comply with any of the regulations set out in Schedule 10.

(2) The Governor may, with the approval of the Secretary of State, make regulations that supplement, amend or replace the regulations set out in Schedule 10, and which prescribe—

(a) the classification of certain articles and substances as dangerous goods;

(b) the categories of dangerous goods which an aircraft may not carry;

(c) the conditions which apply to the loading on, suspension beneath and carriage by an aircraft of dangerous goods;

(d) the manner in which dangerous goods must be packed, marked, labelled and consigned before being loaded on, suspended beneath or carried by an aircraft;

(e) any other provisions for securing the safety of aircraft and any apparatus attached thereto and the safety of persons and property on the surface in relation to the loading on, suspension beneath or carriage by an aircraft of dangerous goods;

(f) the persons to whom information about the carriage of dangerous goods must be provided;

(g) the documents relating to the carriage by an aircraft of dangerous goods which must be produced to the Governor or an authorised person on request;

(h) the powers to be conferred on an authorised person relating to the enforcement of the regulations made hereunder.

(3) The provisions of this article and of any regulations supplementing, amending or replacing the regulations set out in Schedule 10 shall be additional to and not in derogation from the provisions of Article 57.

Duties of pilot-in-command – search and rescue

59.  Without prejudice to any other provision of this order, the pilot-in-command of an aircraft that is either registered in the Territory or if not so registered flying within the Territory airspace shall cooperate in fulfilling the instructions of the Governor in relation to the provision of assistance to aircraft in distress or in relation to search and rescue.

Method of carriage of persons

60.—(1) A person shall not—

(a) be in or on any part of an aircraft in flight which is not a part designed for the accommodation of persons and in particular a person shall not be on the wings or undercarriage of an aircraft;

(b) be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight.

(2) A person may have temporary access to—

(a) any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods therein; and

(b) any part of an aircraft in which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aircraft is in flight.

(3) This article does not apply to a passenger in a helicopter flying under and in accordance with a police air operator’s certificate who is disembarking in accordance with a procedure contained in the police operations manual for the helicopter.

Exits – commercial air transport aeroplanes and helicopters

61.—(1) This article applies to every commercial air transport aeroplane or helicopter and to an aircraft to which article 83 applies that is registered in the Territory.

(2) Whenever an aeroplane or helicopter to which this article applies is carrying passengers, every exit and every internal door in the aeroplane or helicopter shall be in working order, and, subject to paragraph (3), during take-off and landing and during any emergency, every exit and door shall be kept free from obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers.

(3) In the case of—

(a) an exit which, in accordance with arrangements approved by the Governor either generally or in relation to a class of aeroplane or helicopter or a particular aeroplane or helicopter, is not required for use by passengers, may be obstructed by cargo;

(b) a door between the flight crew compartment and any adjacent compartment to which passengers have access the door may be locked or bolted if the pilot-in-command of the aeroplane or helicopter so determines, for the purpose of preventing access by passengers to the flight crew compartment;

(c) any internal door which is so placed that it cannot prevent, hinder or delay the exit of passengers from the aeroplane or helicopter in an emergency if it is not in working order, paragraph (2) shall not apply.

(4) Every exit from the aeroplane or helicopter shall be marked on interior surfaces with the words “exit” or “emergency exit” in capital letters, which shall be red in colour and if necessary shall be outlined in white to contrast with the background.

(5) Every exit from the aeroplane or helicopter shall be marked on exterior surfaces with the words “exit” or “emergency exit” in capital letters, which shall be located on a background that provides adequate contrast.

(6) Every exit from the aeroplane or helicopter shall be marked on interior surfaces on or near the inside surface of the door or other closure of the exit with instructions in English and with diagrams to indicate the correct method of opening the exit, which shall be red in colour and located on a background which provides adequate contrast.

(7) Every exit from the aeroplane or helicopter which may be opened from the outside shall be marked on or near the exterior surface of the door or other closure of the exit with instructions in English and with diagrams to indicate the correct method of opening the exit, which shall be located on a background which provides adequate contrast.

(8) The markings required by this article shall—

(a) be painted, or affixed by other equally permanent means; and

(b) be kept at all times clean and unobscured.

(9) Subject to compliance with paragraph (10), if one, but not more than one, exit from an aeroplane or helicopter becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this article shall prevent that aeroplane or helicopter from carrying passengers until it next lands at a place where the exit can be repaired or replaced.

(10) On any flight on which this paragraph must be complied with—

(a) the number of passengers carried and the position of the seats which they occupy shall be in accordance with arrangements approved by the Governor either in relation to the particular aeroplane or helicopter or to a class of aeroplane or helicopter; and

(b) in accordance with arrangements so approved, the exit shall be fastened by locking or otherwise, the words ‘Exit’ or ‘Emergency Exit’ shall be covered, and the exit shall be marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the words ‘No Exit’ in red letters.

Marking of break-in areas

62.—(1) This article applies to all aircraft registered in the Territory.

(2) An operator shall ensure that, if areas of the fuselage suitable for break-in by rescue crews in emergency are marked on aircraft to which this article applies, such areas shall be marked upon the exterior surface of the fuselage with markings to show the areas (in this paragraph referred to as “break-in areas”) which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.

(3) The break-in areas shall be marked by right-angled corner markings, each arm of which shall be 9 cm in length along its outer edge and 3 cm in width and if the corner markings are more than 2 metres apart, intermediate lines 9 cm x 3 cm shall be inserted so that there is no more than 2 metres between adjacent marks.

(4) The colour of the break-in markings shall be red or yellow, and if necessary they shall be outlined in white to contrast with the background.

(5) If instructions are marked on the break-in areas, the words “Cut Here in Emergency” shall be marked across the centre of each break-in area in capital letters.

(6) The markings required by this article shall—

(a) be painted, or affixed by other equally permanent means; and

(b) be kept at all times clean and unobscured.

Flying Displays

63.—(1) No person shall act as the organiser of a flying display (in this article referred to as ‘the flying display director’) unless he has obtained the permission in writing of the Governor under paragraph (5) for that flying display and complies with any specified conditions.

(2) The pilot-in-command of an aircraft who is—

(a) intending to participate in a flying display shall take all reasonable steps to satisfy himself before he participates that—

(i) the flying display director has been granted an appropriate permission under paragraph (5);

(ii) the flight can comply with any relevant conditions subject to which that permission may have been granted; and

(iii) the pilot has been granted an appropriate pilot display authorisation; or

(b) participating in a flying display for which a permission has been granted shall comply with any conditions subject to which that permission may have been granted.

(3) No person shall act as pilot of an aircraft participating in a flying display unless he holds an appropriate pilot display authorisation and he complies with any conditions subject to which the authorisation may have been given.

(4) The flying display director shall not permit any person to act as pilot of an aircraft that participates in a flying display unless such person holds an appropriate pilot display authorisation.

(5) The Governor—

(a) shall grant a permission required by virtue of paragraph (1) if he is satisfied that the applicant is a fit and competent person, having regard in particular to his previous conduct and experience, his organisation, staffing and other arrangements, to safely organise the proposed flying display;

(b) may grant a permission subject to such conditions, which may include conditions in respect of military aircraft, as the Governor thinks fit.

(6) The Governor shall, for the purposes of this article—

(a) grant a pilot display authorisation authorising the holder to act as pilot of an aircraft taking part in a flying display upon his being satisfied that the applicant is a fit person to hold the authorisation and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to fly in accordance therewith and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Governor may require; and

(b) authorise a person to conduct such examinations or tests as he may specify.

(7) A pilot display authorisation granted in accordance with this article shall, subject to article 122 of this Order, remain in force for the period indicated in the pilot display authorisation.

(8) For the purposes of this article, an appropriate pilot display authorisation shall mean an authorisation which is valid and appropriate to the intended flight and which has been granted by the Governor under paragraph (5).

(9) Paragraph (1) does not apply to either—

(a) a flying display which takes place at an aerodrome in the occupation of the Ministry of Defence or of any visiting force or any other premises in the occupation or under the control of the Ministry of Defence; or

(b) a flying display at which the only participating aircraft are military aircraft.

(10) The flying display director shall not permit any military aircraft to participate in a flying display unless he complies with any conditions specified in respect of military aircraft subject to which permission for the flying display may have been granted.

(11) Nothing in this article applies to an aircraft race or contest or to an aircraft taking part in such a race or contest or to the pilot-in-command or pilot thereof whether or not such race or contest is held in association with a flying display.

PART VII AIR OPERATOR CERTIFICATION AND COMMERCIAL AIR TRANSPORT OPERATIONS

Issue of air operators’ certificates

64.—(1) An aircraft registered in the Territory shall not fly on any flight for the purpose of commercial air transport, otherwise than under and in accordance with the terms of an air operator’s certificate granted to the operator of the aircraft under paragraph (2), certifying that the holder of the certificate is competent to secure that aircraft operated by him on such flights as that in question are operated safely.

(2) The Governor shall grant an air operator’s certificate to an operator having his principal place of business in the Territory if he is satisfied that the applicant is competent, having regard in particular to—

(a) his previous conduct and experience;

(b) his equipment;

(c) his organisation and staffing;

(d) his maintenance and other arrangements;

to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes so specified.

(3) For the purposes of this article “principal place of business” means the primary location from which flight operations and maintenance management and control are exercised; where the majority of the operational and safety-related records are kept and at which the accountable managers are based.

Issue of police air operators’ certificates

65.—(1) A flight by an aircraft registered in the Territory in the service of the police authority for the Territory shall, for the purposes of this Order, be deemed to be a flight for the purpose of commercial air transport.

(2) If any passenger is carried on such a flight it shall be deemed to be for the purpose of commercial air transport of passengers and, save as otherwise expressly provided, the provisions of this Order and of any regulations made thereunder shall be complied with in relation to any such flight as if that flight was for the purpose of commercial air transport.

(3) An aircraft registered in the Territory shall not fly on any flight in the service of the police authority otherwise than under and in accordance with either the terms of an air operator’s certificate granted to the operator of the aircraft under article 64(2) or the terms of a police air operator’s certificate granted to the operator of the aircraft under paragraph (4).

(4) The Governor shall grant a police air operator’s certificate if he is satisfied that the applicant is competent, having regard in particular to—

(a) his previous conduct and experience; and

(b) his equipment, organisation, staffing, maintenance and other arrangements;

to secure that the operation of aircraft of the types specified in the certificate shall be as safe as is appropriate when flying on flights of the description and for the purposes so specified.

Operations manual

66.—(1) This article applies to commercial air transport aircraft registered in the Territory except aircraft used for the time being solely for flights not intended to exceed 60 minutes in duration, which are flights solely for training persons to perform duties in an aircraft.

(2) This article does not apply to an aircraft flying or intended by the operator of the aircraft to fly solely under and in accordance with the terms of a police air operator’s certificate.

(3) The operator of every aircraft to which this article applies shall—

(a) make available to each member of his operating staff an operations manual; and

(b) ensure that each copy of the operations manual is kept up to date; and

(c) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.

(4) An operations manual—

(a) shall, subject to sub-paragraph (b), contain all information and instructions as are necessary to enable the operating staff to perform their duties as such including in particular information and instructions relating to the matters required by the Governor under article 152; but

(b) shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.

(5) An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Governor a copy of the whole of the operations manual for the time being in effect in respect of the aircraft.

(6) Any amendments or additions to the operations manual must be furnished to the Governor by the operator before or immediately after they come into effect.

(7) Where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of commercial air transport until the amendment or addition has been furnished to the Governor.

(8) The operator shall make such amendments or additions to the operations manual as the Governor may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.

(9) If in the course of a flight on which the radar set capable of giving warning to the pilot-in-command and to the co-pilot of the presence of cumulo-nimbus and other potentially hazardous weather conditions is required to be provided the said equipment becomes unserviceable, the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the operations manual.

Police operations manual

67.—(1) This article applies to aircraft flying, or intended by the operator of the aircraft to fly, under and in accordance with the terms of a police air operator’s certificate.

(2) An aircraft to which this article applies shall not fly except under and in accordance with the terms of Part 1 and Part 11 of a police operations manual, Part 1 of which shall have been approved in respect of the aircraft by the Governor.

(3) The operator of every aircraft to which this article applies shall—

(a) make available to each member of its operating staff a police operations manual;

(b) ensure that each copy of the operations manual is kept up to date; and

(c) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.

(4) Each police operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such.

(5) The Governor may approve Part 1 of the police operations manual for the purposes of this article either absolutely or subject to such conditions as he thinks fit.

(6) An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Governor a copy of Part II of the police operations manual for the time being in effect in respect of the aircraft.

(7) Any amendments or additions to Part II of the police operations manual shall be provided by the operator to the Governor before or immediately after they come into effect.

(8) Where an amendment or addition relates to the operation of an aircraft to which the police operations manual did not previously relate, that aircraft shall not fly in the service of the police authority under and in accordance with the terms of a police operator’s certificate until the amendment or addition has been furnished to the Governor.

(9) Without prejudice to the foregoing paragraphs, the operator shall make such amendments or additions to the police operations manual as the Governor may require for the purpose of ensuring the safety of the aircraft, or of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

Training programme

68.—(1) The operator of every aircraft registered in the Territory and flying for the purpose of commercial air transport shall—

(a) establish a ground and flight training programme, approved by the Governor, to ensure that flight and cabin crew members are adequately trained and competent to perform their duties; and

(b) ensure that the details of the approved training programme are incorporated into the operations manual required by article 66.

(2) This article does not apply to aircraft flying, or intended by the operator of the aircraft to fly, solely under and in accordance with the terms of a police air operator’s certificate.

(3) Each training programme shall contain all such information and instructions as may be necessary to enable a person appointed by the operator to give or to supervise the training, experience, practice and periodical tests required under article 70(3) of this Order to perform his duties as such including in particular information and instructions relating to the matters required by the Governor under article 152.

(4) The operator shall make such amendments or additions to the training programme as the Governor may require for the purpose of ensuring the safety of the aircraft, or of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

Flight data monitoring, accident prevention and flight safety programme

69.—(1) The operator of an aircraft registered in the Territory flying for the purpose of commercial air transport shall establish and maintain an accident prevention and flight safety programme.

(2) The operator of an aeroplane registered in the Territory with a maximum total weight authorised of more than 27,000 kg flying for the purpose of commercial air transport shall include a flight-data monitoring programme as part of its accident prevention and flight safety programme.

(3) The sole objective of an accident prevention and flight safety programme is the prevention of accidents and incidents and each programme shall be designed and managed to meet that objective.

(4) It is not be the purpose of an accident prevention and flight safety programme to apportion blame or liability.

Commercial air transport - operator’s responsibilities

70.—(1) The operator of an aircraft registered in the Territory shall not permit the aircraft to fly for the purpose of commercial air transport without first—

(a) designating from among the flight crew a pilot to be the pilot-in-command of the aircraft for the flight;

(b) satisfying himself by every reasonable means that the aeronautical radio stations and navigational aids serving the intended route or any planned diversion are adequate for the safe navigation of the aircraft; and

(c) satisfying himself by every reasonable means that—

(i) every place (whether or not an aerodrome) at which it is intended to take off or land and any alternate place (whether or not an aerodrome) at which a landing may be made are suitable for the purpose; and

(ii) every such place in particular will be adequately manned and equipped at the time at which it is reasonably estimated such a take-off or landing will be made (including such manning and equipment as is specified in regulation 2 in Schedule 9 to this Order) to ensure so far as practicable the safety of the aircraft and its passengers.

(2) The operator of an aircraft is not required for the purposes of this article to satisfy himself as to the adequacy of fire-fighting, search, rescue or other services which are required only after the occurrence of an accident.

(3) The operator of an aircraft registered in the Territory shall not permit any person to be a member of the crew during any flight for the purpose of commercial air transport (except a flight for the sole purpose of training persons to perform duties in aircraft) unless—

(a) such person has had the training, experience, practice and periodical tests specified by the Governor in respect of the duties which he is to perform; and

(b) the operator has satisfied himself that such person is competent to perform his duties, and in particular to use the equipment provided in the aircraft for that purpose.

(4) The operator shall maintain, preserve, produce and furnish information respecting records relating to the matters specified in paragraph (3) in accordance with requirements required by the Governor under article 152.

(5) The operator of an aircraft registered in the Territory shall not permit any member of the flight crew thereof, during any flight for the purpose of the commercial air transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.

Loading - commercial air transport aircraft and suspended loads

71.—(1) The operator of an aircraft registered in the Territory shall not cause or permit it to be loaded for a flight for the purpose of commercial air transport, or any load to be suspended from it, except under the supervision of a person to whom he has provided written instructions as to the distribution and securing of the load so as to ensure that—

(a) the load may safely be carried on the flight; and

(b) any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid or contained in the flight manual for the aircraft relating to the loading of the aircraft are complied with.

(2) The person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the requirements specified by the Governor, and shall (unless he is himself the pilot-in-command of the aircraft) submit the load sheet for examination by the pilot-in-command of the aircraft who shall sign his name thereon.

(3) The operator of an aircraft registered in the Territory and flying for the purpose of the commercial air transport of passengers shall not cause or permit baggage to be carried in the passenger compartment of the aircraft unless such baggage can be properly secured.

Commercial air transport - aeroplane operating conditions and performance requirements

72.—(1) Without prejudice to the provisions of article 41, an aeroplane registered in the Territory shall not fly for the purpose of commercial air transport unless such requirements as may be specified and contained in the flight manual—

(a) in respect of its weight and related performance; and

(b) for flight in specified meteorological conditions; and

(c) for flight at night;

are complied with.

(2) In the event the flight manual of an aeroplane registered in the Territory does not specify requirements—

(a) in respect of the weight and related performance of the aeroplane;

(b) for flight in all types of meteorological conditions; or

(c) for flight at night;

it shall not fly for the purpose of commercial air transport otherwise than in accordance with—

(d) such requirements as are so specified; and

(e) such instructions as may be given by the Governor to the operator of the aeroplane based upon such data as may have been provided to him by that operator.

(3) An aeroplane need not comply with paragraphs (1) and (2) if it is flying under and in accordance with an approval granted to the operator by the Governor under paragraph (4).

(4) The Governor may grant to the operator in respect of any aeroplane an approval authorising it to comply with alternative performance standards appropriate to the aeroplane and specified in the approval.

(5) An aeroplane registered in the Territory when flying over water for the purpose of commercial air transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aeroplane—

(a) if it has one engine only, in the event of the failure of that engine; or

(b) if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness or flight manual for the aeroplane;

to reach a place at which it can safely land at a height sufficient to enable it to do so.

Commercial air transport - helicopters - operating conditions and performance requirements

73.—(1) Without prejudice to the provisions of article 41, a helicopter registered in the Territory shall not fly for the purpose of commercial air transport unless such requirements as may be specified and contained in the flight manual—

(a) in respect of its weight and related performance; and

(b) flight in specified meteorological conditions; and

(c) for flight at night;

are complied with.

(2) In the event the flight manual of a helicopter registered in the Territory does not specify requirements—

(a) in respect of the weight and related performance of the helicopter;

(b) for flight in all types of meteorological conditions; or

(c) for flight at night;

it shall not fly for the purpose of commercial air transport otherwise than in accordance with—

(d) such requirements as are so specified; and

(e) such instructions as may be given by the Governor to the operator of the helicopter based upon such data as may have been provided to him by that operator.

(3) A helicopter need not comply with paragraphs (1) and (2) if it is flying under and in accordance with an approval granted to the operator by the Governor under paragraph (4).

(4) The Governor may grant to the operator in respect of any helicopter an approval authorising it to comply with alternative performance standards appropriate to the helicopter and specified in the approval.

(5) Except as provided in paragraph (6), and except as may be necessary for the purpose of take-off or landing, a helicopter registered in the Territory when flying over water for the purpose of commercial air transport shall fly at such an altitude as would enable the helicopter—

(a) if it has one engine only, in the event of the failure of that engine; or

(b) if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness or flight manual for the helicopter;

to reach a place at which it can safely land at a height sufficient to enable it to do so.

(6) A helicopter carrying out Performance Class 3 operations—

(a) shall not fly over water for the purpose of commercial air transport in the specified circumstances unless it is equipped with the required apparatus;

(b) which is equipped with the required apparatus and which is flying under and in accordance with the terms of an air operator’s certificate granted under article 64 shall not fly in the specified circumstances except in accordance with any additional requirements specified by the Governor in relation to its equipment;

(c) which is equipped with the required apparatus and which is flying under and in accordance with the terms of a police air operator’s certificate—

(i) on which any passenger is carried who is not a permitted passenger, shall not fly in the specified circumstances on any flight for more than 20 minutes; or

(ii) on which no passenger is carried other than a permitted passenger, shall not fly over water on any flight for more than 10 minutes so as to be more than 5 minutes from a point from which it can make an autorotative descent to land suitable for an emergency landing.

(7) For the purposes of paragraph (6) flying time shall be calculated at normal cruising speed.

(8) A helicopter carrying out Performance Class 1 or Performance Class 2 operations—

(a) which is flying under and in accordance with the terms of an air operator’s certificate granted under article 64 shall not fly over water for the purpose of commercial air transport for more than 15 minutes during any flight unless it is equipped with the required apparatus;

(b) which is not equipped with the required apparatus and which is flying under and in accordance with the terms of a police air operator’s certificate on which any passenger is carried who is not a permitted passenger, shall not fly over any water on any flight for more than 15 minutes.

(9) A helicopter specified in its flight manual as being in either Group A or Category A may fly for the purpose of commercial air transport in accordance with the weight and related performance requirements specified for helicopters carrying out—

(a) Performance Class 2 operations if—

(i) the maximum total weight authorised of the helicopter is less than 5700 kg; and

(ii) the total number of passengers carried on the helicopter does not exceed 15; or

(b) Performance Class 3 operations if—

(i) the maximum total weight authorised of the helicopter is less than 3175 kg; and

(ii) the total number of passengers carried does not exceed 9.

(10) For the purposes of this article—

(a) “permitted passenger” means—

(i) a police officer;

(ii) an employee of a police authority;

(iii) a medical attendant;

(iv) the holder of a valid pilot’s licence who intends to act as a member of the flight crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate and who is being carried for the purpose of training or familiarisation; or

(v) such other person being carried for purposes connected with police operations as may be permitted in writing by the Governor;

(b) “required apparatus” means apparatus approved by the Governor enabling the helicopter to which it is fitted to land safely on water;

(c) “specified circumstances” means circumstances in which a helicopter is flying beyond a point from which it can make an autorotative descent to land suitable for an emergency landing.

Commercial air transport operations at night or in Instrument Meteorological Conditions by single engine aeroplanes

74.  An aeroplane that is powered by one engine only shall not fly for the purpose of commercial air transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure or forecast for the estimated time of landing at the aerodrome at which it is intended to land or at any alternate aerodrome are less than 1,000 feet and 1 nautical mile respectively.

Commercial air transport aircraft registered in the Territory – aerodrome-operating minima

75.—(1) This article applies to commercial air transport aircraft registered in the Territory.

(2) The operator of every aircraft to which this article applies shall establish and include in the operations manual or the police operations manual relating to the aircraft the particulars (in this sub-paragraph called ‘the said particulars’) of the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome.

(3) In relation to any flight where—

(a) neither an operations manual nor a police operations manual is required under article 66(3) or 67(3) respectively; or

(b) it is not practicable to include the said particulars in the operations manual or the police operations manual;

the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished in writing to the pilot-in-command of the aircraft the said particulars calculated in accordance with the required data and instructions (as defined in paragraph (4) of this article) and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months.

(4) The operator of every aircraft to which this article applies for which an operations manual or a police operations manual is required by this Order, shall include in that operations manual such data and instructions (in this article called ‘the required data and instructions’) as will enable the pilot-in-command of the aircraft to calculate the aerodrome operating minima appropriate to aerodromes the use of which cannot reasonably have been foreseen by the operator prior to the commencement of the flight.

(5) The operator of every such aircraft to which this article applies for which neither an operations manual nor a police operations manual is required by this Order shall, prior to the commencement of the flight, cause to be furnished in writing to the pilot-in-command of the aircraft the required data and instructions; and the operator shall cause a copy of the required data and instructions to be retained outside the aircraft for a minimum period of three months.

(6) The specified aerodrome operating minima shall not permit a landing or take-off in circumstances where the relevant aerodrome operating minima declared by the competent authority would prohibit it, unless that authority otherwise permits in writing.

(7) In establishing aerodrome-operating minima for the purposes of this article the operator of the aircraft shall take into account the following matters—

(a) the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness;

(b) the composition of its crew;

(c) the physical characteristics of the relevant aerodrome and its surroundings;

(d) the dimensions of the runways which may be selected for use; and

(e) whether or not there are in use at the relevant aerodrome any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids;

and shall establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which can reasonably be expected.

(8) An aircraft to which this article applies shall not commence a flight at a time when—

(a) the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minimum specified for take-off; or

(b) according to the information available to the pilot-in-command of the aircraft it would not be able without contravening paragraphs (9) or (10), to land at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.

(9) An aircraft to which article 66 of this Order applies, when making a descent to an aerodrome, shall not descend from a height of 1000 ft or more above the aerodrome to a height less than 1000 ft above the aerodrome if the reported visibility or relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

(10) An aircraft to which this article applies, when making a descent to an aerodrome, shall not—

(a) continue an approach to landing at any aerodrome by flying below the relevant specified decision height; or

(b) descend below the relevant specified minimum descent height;

unless in either case from such height the specified visual reference for landing is established and is maintained.

(11) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot-in-command of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.

(12) In this article ‘specified’ in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or furnished in writing to the pilot-in-command of the aircraft by the operator in accordance with paragraph (3).

Commercial air transport aircraft not registered in the Territory – aerodrome-operating minima

76.—(1) This article applies to commercial air transport aircraft registered in a country other than the Territory.

(2) An aircraft to which this article applies shall not fly in or over the Territory unless the operator thereof has made available to the flight crew aerodrome operating minima that comply with paragraph (3) in respect of every aerodrome at which it is intended to land or take off and every alternate aerodrome.

(3) The aerodrome operating minima provided in accordance with paragraph (2) shall be no less restrictive than either—

(a) minima calculated in accordance with the notified method for calculating aerodrome operating minima; or

(b) minima which comply with the law of the country in which the aircraft is registered;

whichever are the more restrictive.

(4) An aircraft to which this article applies shall not—

(a) conduct a Category II, Category IIIA or Category IIIB approach and landing; or

(b) takeoff when the relevant runway visual range is less than 150 metres;

otherwise than under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.

(5) An aircraft to which this article applies shall not take off or land at an aerodrome in the Territory in contravention of the specified aerodrome operating minima.

(6) Without prejudice to the provisions of paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome, shall not descend from a height of 1000 feet or more above the aerodrome to a height of less than 1000 feet above the aerodrome if the reported visibility or relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

(7) Without prejudice to the provisions of paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome shall not—

(a) continue an approach to landing at any aerodrome by flying below the relevant specified decision height; or

(b) descend below the relevant specified minimum descent height;

unless in either case from such height the specified visual reference for landing is established and is maintained.

(8) In this article—

(a) ‘specified’ means specified by the operator in the aerodrome operating minima made available to the flight crew under paragraph (2);

(b) ‘a Category II approach and landing’ means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—

(i) a decision height below 200 feet but not less than 100 feet; and

(ii) a runway visual range of not less than 300 metres;

(c) ‘a Category IIIA approach and landing’ means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—

(i) a decision height lower than 100 feet; and

(ii) a runway visual range of not less than 200 metres; and

(d) ‘a Category IIIB approach and landing’ means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—

(i) a decision height lower than 50 feet or no decision height; and

(ii) a runway visual range less than 200 metres but not less than 75 metres.

Carriage of passengers - additional duties of pilot-in-command

77.—(1) This article applies to flights for the purpose of the commercial air transport of passengers by aircraft registered in the Territory.

(2) Before an aircraft takes off on a flight to which this article applies, and before it lands, the pilot-in-command shall take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and that any persons carried in compliance with article 20 paragraphs (12), (13), and (14) are properly secured in seats which are located as far as is practical near floor level and close to emergency exits.

(3) From the moment when, after the embarkation of its passengers for the purpose of taking off on a flight to which this article applies, an aircraft first moves until after it has taken off, and before it lands until it comes to rest for the purpose of the disembarkation of its passengers, and whenever by reason of turbulent air or any emergency occurring during the flight the pilot-in-command considers the precaution necessary he shall take all reasonable steps to ensure that all passengers of 2 years of age or more are properly secured in their seats by safety belts (with diagonal shoulder strap, where required to be carried) or safety harnesses and that all passengers under the age of 2 years are properly secured by means of a child restraint device.

(4) The pilot-in-command shall ensure that an aircraft with a non-pressurised cabin shall not be operated above flight level 100, otherwise than under and in accordance with the terms of an approval granted by the Governor.

(5) Except where the cabin pressure altitude does not exceed 10,000 feet during the flight, the pilot-in-command shall take all reasonable steps to ensure that—

(a) before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 15 is demonstrated to all passengers;

(b) when flying above flight level 130 all passengers and cabin crew are instructed to use oxygen; and

(c) during any period when the aircraft is flying above flight level 100 oxygen is used continuously by all the flight crew of the aircraft.

PART VIII AERIAL WORK

Issue of aerial work certificates

78.—(1) An aircraft shall not be used for the purposes of aerial work as defined in article 157 (including the dropping of articles for the purposes of agriculture, horticulture or forestry or for training for the dropping of articles for any of such purposes), otherwise than under and in accordance with the terms of an aerial work certificate granted to the operator of the aircraft under paragraph (2).

(2) The Governor—

(a) shall grant an aerial work certificate if he is satisfied that the applicant is a fit person to hold the certificate and is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing and other arrangements, to secure the safe operation of the aircraft specified in the certificate on flights for the purposes specified in paragraph (1);

(b) may grant such a certificate subject to such conditions as he thinks fit including, without prejudice to the generality of the foregoing, conditions for ensuring that the aircraft and any article dropped from it do not endanger persons or property in the aircraft or elsewhere.

(3) Every applicant for and holder of an aerial work certificate shall make available to the Governor upon application and to every member of his operating staff upon the certificate being granted, an aerial work manual.

(4) The manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such.

(5) The holder of a certificate shall make such amendments of or additions to the manual as the Governor may require.

Towing of gliders

79.—(1) An aircraft in flight shall not tow a glider unless the flight manual for the aircraft includes an express provision that it may be used for that purpose.

(2) The length of the combination of towing aircraft, towrope and glider in flight shall not exceed 150 metres.

(3) The pilot-in-command of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off that—

(a) the towrope is in good condition and is of adequate strength for the purpose, and that the combination of towing aircraft and glider, having regard to its performance in the conditions to be expected on the intended flight and to any obstructions at the place of departure and on the intended route, is capable of safely taking off, reaching and maintaining a safe height at which to separate the combination and that thereafter the towing aircraft can make a safe landing at the place of intended destination;

(b) signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; and

(c) emergency signals have been agreed between the pilot-in-command of the towing aircraft and the pilot-in-command of the glider, to be used, respectively, by the pilot-in-command of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the pilot-in-command of the glider to indicate that the tow cannot be released.

(4) The glider shall be attached to the towing aircraft by means of the towrope before the aircraft takes off.

Towing, picking up and raising of persons and articles

80.—(1) An aircraft in flight shall not, by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless there is a certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered and that certificate or the flight manual for the aircraft includes an express provision that it may be used for that purpose.

(2) An aircraft shall not launch or pick up towropes, banners or similar articles other than at an aerodrome.

(3) An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than one nautical mile.

(4) The length of the combination of towing aircraft, towrope, and article in tow, shall not exceed 150 metres.

(5) A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when any article, person or animal is suspended from the helicopter.

(6) A passenger shall not be carried in a helicopter at any time when an article, person or animal is suspended therefrom, other than a passenger who has duties to perform in connection with the article, person or animal or a passenger who has been picked up or raised by means external to the helicopter or a passenger who it is intended shall be lowered to the surface by such means.

(7) Nothing in this article shall—

(a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purposes, or any signal, apparatus or article required or permitted by or under this Order to be towed or displayed by an aircraft in flight;

(b) prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life;

(c) be taken to permit the towing or picking up of a glider otherwise than in accordance with article 79.

Dropping of articles and animals

81.—(1) Articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.

(2) Articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft flying over the Territory except under and in accordance with the terms of an aerial work certificate granted under article 78.

(3) Paragraph (2) does not apply to the dropping of articles by, or with the authority of, the pilot-in-command of the aircraft in any of the following circumstances—

(a) the dropping of articles for the purpose of saving life;

(b) the jettisoning, in case of emergency, of fuel or other articles in the aircraft;

(c) the dropping of ballast in the form of fine sand or water;

(d) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of this Order;

(e) the dropping at an aerodrome of tow ropes, banners, or similar articles towed by aircraft;

(f) the dropping of articles for the purposes of public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Governor; or

(g) the dropping of wind drift indicators for the purpose of enabling parachute descents to be made if the wind drift indicators are dropped with the permission of the Governor.

(4) For the purposes of this article ‘dropping’ includes projecting and lowering.

(5) Nothing in this article shall prohibit the lowering of any article or animal from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.

Dropping of persons

82.—(1) A person shall not drop, be dropped or permitted to drop to the surface or jump from an aircraft flying over the Territory except under and in accordance with the terms of either a police air operator’s certificate or a written permission granted by the Governor under this article.

(2) For the purposes of this article ‘dropping’ includes projecting and lowering.

(3) Notwithstanding the grant of a police air operator’s certificate or a permission under paragraph (1), a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.

(4) An aircraft shall not be used for the purpose of dropping persons unless—

(a) there is a certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered and that certificate or the flight manual includes an express provision that it may be used for that purpose and the aircraft is operated in accordance with a written permission granted by the Governor under this article; or

(b) the aircraft is operated under and in accordance with the terms of a police air operator’s certificate.

(5) Every applicant for and holder of a parachuting permission shall make available to the Governor if requested to do so a parachuting manual and shall make such amendments or additions to such manual as the Governor may require.

(6) The holder of a parachuting permission shall make the manual available to every employee or person who is or may engage in parachuting activities conducted by him.

(7) The manual shall contain all such information and instructions as may be necessary to enable such employees or persons to perform their duties.

(8) Nothing in this article applies to the descent of persons by parachute from an aircraft in an emergency.

(9) Nothing in this article prohibits the lowering of any person in an emergency or for the purpose of saving life.

(10) Nothing in this article prohibits the lowering of any person from a helicopter to the surface if there is a certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered and that certificate or the flight manual for the helicopter includes an express provision that it may be used for that purpose.

PART IX GENERAL AVIATION

Application and interpretation of Part IX

83.—(1) Except as provided in paragraph (2) of article 84, articles 84 and 85 apply to general aviation operations involving aircraft registered in the Territory of the classes or used in the cases identified in paragraph (2).

(2) Aircraft or aircraft operations of the classes or cases to which paragraph (1) refers are—

(a) any aeroplane having a maximum certificated take-off weight exceeding 5,700kg; or

(b) any aeroplane equipped with one or more turbojet engines; or

(c) any aeroplane having a maximum approved passenger seating configuration of more than 9; or

(d) any helicopter having a maximum certificated take-off weight exceeding 3,180kg; or

(e) any helicopter having a maximum approved passenger seating configuration of more than 5; or

(f) any aircraft operation involving the use of three or more aircraft that are operated by pilots employed by the operator for the purpose of flying the aircraft; or

(g) any other general aviation operation as the Governor shall in the public interest specify.

(3) For the purposes of this Part—

“General aviation operation” means an aircraft operation other than a commercial air transport operation or aerial work operation.

Requirement for Approval

84.—(1) No person shall operate an aircraft registered in the Territory of any class or in any case identified in article 83(2) for the purposes of general aviation unless he is the holder of an approval granted in accordance with article 85.

(2) An approval is not required if operations of any of the classes identified in article 83(2) are being undertaken by an air transport undertaking that holds a valid air operator certificate granted in accordance with article 64.

Issue of Approval

85.—(1) The Governor shall grant an approval if he is satisfied that—

(a) the applicant is competent, having regard in particular to—

(i) his previous conduct and experience;

(ii) his equipment;

(iii) his organisation and staffing;

(iv) his maintenance and other arrangements;

(b) the safety management system established in accordance with paragraph (3) is appropriate and adequate;

(c) the operations manual submitted under paragraph (6) is adequate;

to secure the safe operation of aircraft of the type or types specified in the approval.

(2) An approval granted under this article shall, subject to article 122, remain in force for the period specified therein, not exceeding 3 years, but may be renewed by the Governor from time to time.

(3) An operator applying for an approval under the provisions of paragraph (1) of this article shall establish and maintain to the satisfaction of the Governor a safety management system appropriate to the size and complexity of the operation.

(4) The operator of every aircraft to which this article applies shall—

(a) make available to each member of his operating staff an operations manual;

(b) ensure that each copy of the operations manual is kept up to date; and

(c) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on that flight.

(5) An operations manual shall contain all information and instructions as are necessary to enable operating staff to perform their duties as such.

(6) An aircraft to which this article applies shall not fly unless, at least 30 days prior to such flight, the operator of the aircraft has submitted to the Governor a copy of the whole of the operations manual for the time being in effect in respect of the aircraft.

(7) Any amendments or additions to the operations manual shall be made available to the Governor by the operator before or immediately after they come into effect.

(8) Where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly in accordance with this article until the amendment or addition has been made available to the Governor.

(9) Without prejudice to paragraphs (7) and (8), the operator shall make such amendments or additions to the operations manual as the Governor may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.

PART X AIR TRAFFIC SERVICES

Requirement for air traffic control approval for the provision of air traffic services

86.—(1) No person in charge of the provision of an air traffic control service shall provide such a service in the Territory otherwise than under and in accordance with the terms of an air traffic control approval granted to him by the Governor.

(2) The Governor shall grant an air traffic control approval if he is satisfied that the applicant is competent, having regard to his organisation, staffing, equipment, maintenance and other arrangements, to provide a service which is safe for use by aircraft.

Duty of person in charge to satisfy himself as to competence of controllers

87.  The holder of an approval under article 86 shall not permit any person to act as an air traffic controller or to act as a student air traffic controller in the provision of the service under the approval unless—

(a) such person holds an appropriate licence; and

(b) the holder has satisfied himself that such person is competent to perform his duties.

Manual of Air Traffic Services

88.  A person shall not provide an air traffic control service at any place unless—

(a) the service is provided in accordance with the standards and procedures specified in a manual of air traffic services in respect of that place;

(b) the manual is produced to the Governor within a reasonable time after a request for its production is made by the Governor; and

(c) such amendments or additions have been made to the manual as the Governor may from time to time require.

Provision of air traffic services

89.—(1) In the case of an aerodrome (other than a Government aerodrome) in respect of which there is equipment for providing aid for holding, aid for let-down or aid for an approach to landing by radio or radar, the person in charge of the aerodrome shall—

(a) inform the Governor in advance of the periods during and times at which any such equipment is to be in operation for the purpose of providing such aid as is specified by the said person; and

(b) during any period and at such times as are notified, cause an approach control service to be provided.

(2) The Governor may in the interests of safety direct the person in charge of an aerodrome that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such air traffic control service, aerodrome flight information service or means of two-way radio communication as the Governor considers appropriate.

(3) The Governor may specify in a direction under this article the periods during which, the times at which, the manner in which and the airspace within which such a service or such means shall be provided.

(4) The person who has been so directed shall cause such a service or such means to be provided in accordance with any such direction.

Use of radio call signs at aerodromes

90.  The person in charge of an aerodrome provided with means of two-way radio communication shall not cause or permit any call sign to be used for a purpose other than a purpose for which that call sign has been notified.

PART XI LICENSING OF AIR TRAFFIC CONTROLLERS

Prohibition of unlicensed air traffic controllers and student air traffic controllers

91.—(1) A person shall not act as an air traffic controller or hold himself out, whether by use of a radio call sign or in any other way, as a person who may so act unless he is the holder of, and complies with the privileges and conditions of—

(a) a valid student air traffic controller’s licence granted under this Order and he is supervised in accordance with article 92(10);

(b) an appropriate valid air traffic controller’s licence granted under this Order; or

(c) a valid air traffic controller’s licence so granted which is not appropriate but he is supervised as though he was the holder of a student air traffic controller’s licence.

(2) A person shall not act as an air traffic controller unless he has identified himself in such a manner as may be notified.

(3) A licence is not required by any person who, acting in the course of his employment, passes on such instructions or advice as he has been instructed so to do by the holder of an air traffic controller’s licence entitling the holder to give such instructions or advice.

(4) Nothing in this article prohibits the holder of a valid air traffic controller’s licence from providing at any place, or for any sector for which the licence includes a valid certificate of competence, information to aircraft in flight in the interests of safety.

(5) A licence is not required by any person who acts in the course of his duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force.

Licensing of air traffic controllers and student air traffic controllers

92.—(1) Subject to the provisions of this article, the Governor shall grant a licence to any person to act as an air traffic controller or as a student air traffic controller in the Territory.

(2) Before granting such a licence the Governor must be satisfied that the applicant is—

(a) a fit person to act in the capacity to which the licence relates; and

(b) is qualified by reason of his knowledge, experience, competence, skill and physical and mental fitness to act in the capacity to which the licence relates, for which purpose he shall furnish such evidence and undergo such examinations, assessments and tests (including in particular medical examinations) and undertake such courses of training as the Governor may require of him.

(3) The Governor shall not grant—

(i) a student air traffic controller’s licence to any person under the age of 18 years; or

(ii) an air traffic controller’s licence to any person under the age of 20 years.

(4) The Governor may include in an air traffic controller’s licence any rating and endorsement upon his being satisfied that the applicant is qualified as specified in paragraph (2)(b) to act in the capacity to which such rating or endorsement relates and such rating or endorsement shall be deemed to form part of the licence.

(5) The holder of an air traffic controller’s licence shall not be entitled to exercise the privileges of a rating contained in the licence at any place or for any sector or with any type of radar equipment unless the licence includes a valid certificate of competence in respect of that rating which is appropriate to that place or sector and that equipment (if any), which certificate complies with paragraph (6).

(6) A valid certificate of competence shall not be appropriate to the exercise of the privileges of a rating at any place or for any sector or with any type of radar equipment unless the certificate—

(a) specifies that place or sector and that type of radar equipment (if any) with the aid of which the service is to be provided;

(b) certifies that the person signing the certificate is satisfied that on a date specified in the certificate the holder of the licence, of which the certificate forms part, has passed an appropriate test of his ability to exercise the privileges of the rating at the place or for the sector and with the type of radar equipment, if any, specified in the certificate; and

(c) specifies the date on which it was signed.

(7) A valid certificate of competence shall be signed by a person authorised by the Governor to sign certificates of that kind and shall be valid, subject to paragraph (2), for 13 months after the date of the test which it certifies.

(8) If throughout any period of 90 days the holder of a licence has not at any time provided at a particular place or for a particular sector and with the aid of the type of radar equipment, if any, specified in a certificate of competence, the type of air traffic control service specified in the rating to which the certificate of competence relates, the certificate shall, without prejudice to the Governor’s powers under article 122, cease to be valid for that place or sector at the end of that period.

(9) Upon a certificate of competence ceasing to be valid for a place or sector the holder of the licence shall forthwith inform the person who is approved under article 86 of this Order to provide an air traffic control service at that place or for that sector to that effect and shall forward the licence to a person approved by the Governor for the purpose who shall endorse the licence accordingly and return it to the holder forthwith.

(10) Every licence to act as a student air traffic controller shall be valid only for the purpose of authorising the holder to act as an air traffic controller under the supervision of another person who is present at the time and who is the holder of an air traffic controller’s licence entitling him to provide unsupervised the type of air traffic control service which is being provided by the student air traffic controller and who is approved by the Governor for this purpose.

(11) A licence to act as an air traffic controller or a student air traffic controller shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.

(12) Every holder of an air traffic controller’s licence or a student air traffic controller’s licence shall, upon such occasions as the Governor may require, submit himself to such examinations and tests (including in particular medical examinations) and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training as the Governor may require.

(13) For the purposes of this Part—

(a) ‘acting as an air traffic controller’ shall mean either giving an air traffic control service or the supervision of a student air traffic controller or both; and

(b) “acting as a student air traffic controller” shall mean giving an air traffic control service under the supervision of an air traffic controller.

Approval of courses and persons

93.  Without prejudice to any other provision of this Order the Governor may, for the purposes of this Part of this Order, either absolutely or subject to such conditions as he thinks fit—

(a) approve any course of training or instruction;

(b) authorise a person to conduct such examinations or tests as he may specify; and

(c) approve a person to provide any course of training or instruction.

Requirement for medical certificate

94.—(1) On the basis of the medical examination referred to in article 92(12), the Governor or any person approved by him as competent to do so may issue a medical certificate subject to such conditions as he thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates.

(2) The certificate shall be deemed to form part of the licence.

(3) The holder of an air traffic controller’s licence shall not act as an air traffic controller unless his licence includes a medical certificate issued and in force under paragraph (1).

(4) The holder of a student air traffic controller’s licence shall not act as a student air traffic controller unless his licence includes a medical certificate issued and in force under paragraph (1).

Incapacity of air traffic controllers

95.—(1) Every holder of an air traffic controller’s licence granted under article 92 who—

(a) suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 20 consecutive days; or

(b) in the case of a woman, has reason to believe that she is pregnant;

shall inform the Governor in writing of such injury, illness or pregnancy as soon as possible.

(2) An air traffic controller’s medical certificate shall cease to be in force on the expiry of the period of injury or illness referred to in paragraph (1)(a) and shall come into force again (provided it has not expired)—

(a) upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume his functions under the licence; or

(b) upon the Governor exempting the holder from the requirement of a medical examination subject to such conditions as the Governor may think fit.

Prohibition of drunkenness etc. of controllers

96.  A person shall not act as an air traffic controller or a student air traffic controller whilst under the influence of drink or a drug to such an extent as to impair his capacity to act as such.

Fatigue of air traffic controllers - air traffic controllers’ responsibilities

97.  A person shall not act as an air traffic controller if he knows or suspects that he is suffering from or, having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of any aircraft to which an air traffic control service may be provided.

Licensing of flight information service officers

98.—(1) The Governor shall grant a licence to any person to act as a flight information service officer upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill and physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests and undertake such courses of training as the Governor may require of him.

(2) The Governor shall not grant such a licence to any person under the age of 18 years.

(3) Subject to article 122, a licence to act as a flight information service officer shall remain in force for the period indicated in the licence and if no period is indicated in the licence it shall remain in force for the lifetime of the holder.

(4) The holder of a flight information service officer’s licence shall not be entitled to provide a flight information service at an aerodrome or area control centre unless that aerodrome or area control centre has been specified in the licence by a person authorised by the Governor for the purpose and the licence has been validated in respect of that aerodrome or area control centre by a person authorised for the purpose by the Governor.

(5) If, throughout any period of 90 days the holder of the licence has not at any time provided such a service at a particular aerodrome or area control centre, the licence shall cease to be valid for that aerodrome or area control centre at the end of that period until the licence has been revalidated in respect of that aerodrome or area control centre by a person authorised by the Governor for the purpose.

(6) A licence to act as a flight information service officer shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.

(7) Every holder of a flight information service officer’s licence shall upon such occasions as the Governor may require, submit himself to such examinations and tests and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training as the Governor may require.

Prohibition of unlicensed flight information service officers

99.—(1) A person shall not provide at any aerodrome or area control centre a flight information service or hold himself out, whether by use of a radio call sign or in any other way, as a person who may provide such a service unless he is the holder of and complies with the terms of a flight information service officer’s licence granted under this Order authorising him to provide such a service at that aerodrome or area control centre.

(2) A person shall not provide a flight information service unless he has identified himself in such a manner as may be notified.

Flight information service manual

100.  A person shall not provide a flight information service at any aerodrome or area control centre unless—

(a) the service is provided in accordance with the standards and procedures specified in a flight information service manual in respect of that aerodrome or area control centre;

(b) the manual is produced to the Governor within a reasonable time after a request for its production is made by the Governor; and

(c) such amendments or additions have been made to the manual as the Governor may from time to time require.

PART XII AERONAUTICAL TELECOMMUNICATIONS SERVICE

Aeronautical Telecommunication Service

101.—(1) A person shall not cause or permit any aeronautical telecommunication service to be established in any Territory otherwise than under and in accordance with an approval granted by the Governor to the person in charge of the aeronautical telecommunication service.

(2) An approval shall be granted under paragraph (1) upon the Governor being satisfied—

(a) as to the intended purpose of the aeronautical telecommunication service ; and

(b) that the aeronautical telecommunication service is fit for its intended purpose; and

(c) that the person is competent to provide the aeronautical telecommunication service.

(3) The person in charge of an aeronautical telecommunication service at an aerodrome for which a certificate under article 105 or a licence for public use has been granted shall cause to be notified in relation to that aeronautical telecommunication service the type and availability of operation of any service that is available for use by any aircraft.

(4) An approval granted under paragraph (1) may include a condition requiring a person in charge of an aeronautical telecommunication service at any other aerodrome or place to cause the information specified in paragraph (3) to be notified.

(5) An approval granted under paragraph (1) may include a condition requiring the person in charge of the aeronautical telecommunication service to use a person approved by the Governor under paragraph (6) for the provision of particular services in connection with the aeronautical telecommunication service and in particular but without limitation may include a condition requiring that any associated equipment be flight checked by such an approved person.

(6) The Governor may approve a person to provide particular services in connection with approved aeronautical telecommunication service.

(7) For the purpose of paragraphs (1) and (6) an approval may be granted in respect of one or more than one person or generally.

(8) The provisions of this article do not apply in respect of any aeronautical telecommunication service of which the person solely in charge is the Governor.

Aeronautical Telecommunication Service records

102.—(1) The person in charge of any aeronautical telecommunication service and any associated equipment or apparatus required under paragraph (2) shall keep in respect of such an aeronautical telecommunication service and associated equipment or apparatus records specified by the Governor, and shall preserve such records for a period of one year or such longer period as the Governor may in a particular case direct.

(2) The person in charge of an aeronautical telecommunication service that is used for the provision of an air traffic control service by an air traffic control unit shall provide recording equipment or apparatus which is in accordance with paragraph (4).

(3) The Governor may direct the person in charge of any other aeronautical telecommunication service to provide recording apparatus in accordance with paragraph (4).

(4) The person in charge of the aeronautical telecommunication service in respect of which recording apparatus is required to be provided under paragraph (2) shall, subject to paragraph (5)—

(a) ensure that when operated the equipment or apparatus is capable of recording and replaying the terms or content of any message or signal transmitted or received by or through that equipment and is capable of recording and replaying the terms or content of any voice radio message or signal transmitted to an aircraft either alone or in common with other aircraft or received from an aircraft by the air traffic control unit;

(b) ensure that the apparatus is in operation at all times when the aeronautical telecommunication service is being used in connection with the provision of a service provided for the purpose of facilitating the navigation of aircraft;

(c) ensure that each record made by the apparatus complies with the requirements specified by the Governor;

(d) not cause or permit that apparatus to be used unless it is approved by the Governor; and

(e) comply with the terms of such an approval.

(5) The Governor may in considering whether or not to grant an approval, without limitation, have regard to—

(a) the purpose for which the apparatus is to be used;

(b) the manner in which the apparatus has been specified and produced in relation to the purpose for which it is to be used;

(c) the adequacy, in relation to the purpose for which the apparatus is to be used, of the operating parameters of the apparatus (if any);

(d) the manner in which the apparatus has been or will be operated, installed, modified, maintained, repaired and overhauled;

(e) the manner in which the apparatus has been or will be inspected.

(6) An approval may be granted subject to such conditions as the Governor thinks fit including, without limitation, conditions relating to the matters to which he may have had regard under paragraph (5) and may be granted in respect of one or more than one person or generally.

(7) If any equipment or apparatus required under paragraph (2) ceases to be capable of recording the matters required by this article to be included in the records, the person required to provide that equipment or apparatus shall ensure that, so far as practicable, a record is kept which complies with the Governor’s requirements and on which the particulars specified therein are recorded together with, in the case of apparatus provided in compliance with paragraph (2), a summary of voice communications exchanged between the air traffic control service and any aircraft.

(8) If any apparatus required under paragraph (2) becomes unserviceable, the person in charge of the aeronautical telecommunication service shall ensure that the apparatus is rendered serviceable again as soon as reasonably practicable.

(9) The person in charge of any aeronautical telecommunication service shall preserve any record made in compliance with paragraphs (4) or (7) for a period of 30 days from the date on which the terms or content of the message or signal were recorded or for such longer period as the Governor may in a particular case direct.

(10) A person required by this article to preserve any record by reason of his being the person in charge of the aeronautical telecommunication service shall, if he ceases to be such a person, continue to preserve the record as if he had not ceased to be such a person, and in the event of his death the duty to preserve the record shall fall upon his personal representative.

(11) If another person becomes the person in charge of the aeronautical telecommunication service the previous person in charge or his personal representative shall deliver the record to that other person on demand, and it shall be the duty of that other person to deal with any such record delivered to him as if he was the previous person in charge.

(12) The person in charge of any aeronautical telecommunication service shall within a reasonable time after being requested to do so by an authorised person produce any record required to be preserved under this article to that authorised person.

(13) The provisions of this article do not apply in respect of any aeronautical telecommunication service of which the person solely in charge is the Governor.

PART XIII AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS

Aerodromes – aircraft operations required to use certificated or notified aerodromes

103.—(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 105 for the take-off and landing of such aircraft; or

(b) a Government aerodrome notified under article 104 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) 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 commercial air transport operations;

(c) aircraft having a maximum total weight authorised (MTWA) of 15,000 kg or more operating a flight for the purpose of commercial air 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) 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 commercial air transport of passengers is taking off or landing at that area by night, such lighting as will enable the pilot of the helicopter—

(a) 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

(b) in the case of taking off, to make a safe take-off.

(4) A helicopter flying for the purpose of the commercial air transport of passengers at night shall not take off or land at a place to which paragraph (3) applies unless there is in operation such lighting.

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

(6) 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.

Use of Government aerodromes

104.—(1) The Governor may cause to be notified, subject to such conditions as he thinks fit, any Government aerodrome as an aerodrome available for the take-off and landing of aircraft engaged on flights for the purpose of the commercial air transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft.

(2) For the purposes of this article a “Government aerodrome” means any aerodrome in the Territory that is under the control of Her Majesty’s naval, military or air forces or of any visiting force.

Certification of aerodromes

105.—(1) A person in charge of the operation of an aerodrome in the Territory is required to hold in respect of such aerodrome a certificate issued by the Governor in accordance with this article if—

(a) the aerodrome is made available for the purposes of any of the operations referred to in article 103(2) of this Order; or

(b) the Governor considers that it is in the public interest to so require an aerodrome to be certificated.

(2) The Governor shall grant a certificate in respect of any aerodrome in the Territory if he is satisfied that—

(a) the applicant is competent, having regard to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are suitable for use by aircraft;

(b) the aerodrome is safe for use by aircraft having regard in particular to the physical characteristics of the aerodrome and of its surroundings; and

(c) the aerodrome manual submitted under paragraph (7) is adequate.

(3) If the applicant so requests the Governor may grant a certificate which in addition to any other conditions that he may impose shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.

(4) The holder of an aerodrome certificate granted under paragraph (2) (in this article called ‘an aerodrome certificate holder’) shall—

(a) furnish to any person on request information concerning the terms of the certificate; and

(b) cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft engaged on flights for the purpose of the commercial air transport of passengers or instruction in flying.

(5) An aerodrome certificate holder shall not contravene or cause or permit to be contravened any condition of the aerodrome certificate at any time in relation to such aircraft engaged on such flights as are referred to in article 103(2), but the certificate shall not cease to be valid by reason only of such a contravention.

(6) An aerodrome certificate holder shall take all reasonable steps to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.

(7) Upon making an application for an aerodrome certificate the applicant shall submit to the Governor an aerodrome manual for that aerodrome that shall include provisions for the implementation of a safety management system acceptable to the Governor that—

(a) identifies safety hazards;

(b) ensures that remedial action necessary to maintain an acceptable level of safety is provided for;

(c) provides for continuous monitoring and regular assessment of the safety level achieved; and

(d) demonstrates compliance with the aim to make continuous improvement to the overall level of safety.

(8) An aerodrome manual required under this article shall contain all such information and instructions as may be specified by the Governor to enable the aerodrome operating staff to perform their duties as such including, in particular, information and instructions relating to the matters specified in Schedule 11.

(9) Every aerodrome certificate holder shall—

(a) furnish to the Governor any amendments or additions to the aerodrome manual before or immediately after they come into effect;

(b) without prejudice to sub-paragraph (a), make such amendments or additions to the aerodrome manual as the Governor may require for the purpose of ensuring the safe operation of aircraft at the aerodrome or the safety of air navigation; and

(c) maintain the aerodrome manual and make such amendments as may be necessary for the purposes of keeping its contents up to date.

(10) Every aerodrome certificate holder shall make available to each member of the aerodrome operating staff a copy of the aerodrome manual, or a copy of every part of the aerodrome manual which is relevant to his duties, and shall ensure that each such copy is kept up to date.

(11) Every aerodrome certificate holder shall take all reasonable steps to secure that each member of the aerodrome operating staff is aware of the contents of every part of the aerodrome manual which is relevant to his duties as such and undertakes his duties as such in conformity with the relevant provisions of the manual.

(12) For the purposes of this article—

(a) ‘aerodrome operating staff’ means all persons, whether or not the aerodrome certificate holder and whether or not employed by the aerodrome certificate holder, whose duties are concerned either with ensuring that the aerodrome and airspace within which its visual traffic pattern is normally contained are safe for use by aircraft, or whose duties require them to have access to the aerodrome manoeuvring area or apron;

(b) ‘visual traffic pattern’ means the aerodrome traffic zone of the aerodrome, or, in the case of an aerodrome which is not notified for the purposes of rule 39 of the Rules of the Air, the airspace which would comprise the aerodrome traffic zone of the aerodrome if it was so notified.

Instrument Flight Procedures

106.—(1) No person may design, establish or use an instrument flight procedure at an aerodrome in the Territory otherwise than under and in accordance with an approval granted by the Governor to the aerodrome certificate holder or to the person having the management and control of a government aerodrome.

(2) An approval shall be granted under paragraph (1) upon the Governor being satisfied—

(a) as to the intended purpose of the procedure; and

(b) that the person applying for approval is competent to operate the procedure; and

(c) that any equipment associated with such procedure is fit for its intended purpose.

(3) An approval under paragraph (1) shall be granted on such conditions as the Governor shall think fit and he shall cause such procedure to be notified as a procedure available for the operation of aircraft at an aerodrome within the Territory.

(4) No person may use an instrument flight procedure otherwise than in accordance with the published conditions for such use.

(5) The Governor shall approve a person for the purposes of this article if he is satisfied that the person is competent to design an instrument flight procedure that is safe for use by aircraft.

(6) The Governor may, for the purposes of this article, either absolutely or subject to such conditions as he thinks fit—

(a) approve any course of training;

(b) authorise a person to conduct such examinations or tests as he may certify;

(c) approve a person to provide any course of training.

(7) Nothing in paragraph (1) applies to any aerodrome in the Territory that is under the control of Her Majesty’s naval, military or air force or of any visiting force.

Charges at aerodromes certificated or licensed for public use

107.—(1) The Governor may, in relation to any aerodrome in respect of which a certificate in accordance with article 105 or a licence for public use has been granted, or to such aerodromes generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or in connection with aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services.

(2) The operator of an aerodrome in relation to which the Governor has made any regulations under paragraph (1) of this article shall not cause or permit any charges to be made in contravention of those regulations and shall cause particulars of the prescribed charges to be kept exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected thereby.

(3) The operator of any aerodrome in respect of which an aerodrome certificate or licence for public use has been granted shall, when required by the Governor, furnish to the Governor such particulars as he may require of the charges established by the operator for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.

Use of aerodromes by aircraft of Contracting States

108.  The person in charge of any aerodrome in the Territory which is open to public use by aircraft registered in the Territory shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft registered in the United Kingdom or in other Contracting States on the same terms and conditions as for use by aircraft registered in the Territory.

Noise and vibration caused by aircraft on aerodromes

109.—(1) The Governor may specify the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, certificated aerodromes or on licensed aerodromes in accordance with regulation 4 in Schedule 9 to this Order.

(2) Section 41(2) of the Act as set out in Schedule 2 of the Civil Aviation Act 1949 (Overseas Territories) Order 1969(1) applies to any such aerodrome.

Aeronautical lights

110.—(1) A person shall not, except with the permission of the Governor and in accordance with any conditions subject to which the permission may be granted, establish, maintain or alter the character of—

(a) an aeronautical beacon within the Territory;

(b) any aeronautical ground light (other than an aeronautical beacon) at an aerodrome certificated or licensed under this Order, or which forms part of the lighting system for use by aircraft taking off from or landing at such an aerodrome.

(2) In the case of an aeronautical beacon that is or may be visible from the waters within an area of a general lighthouse authority, the Governor shall not give his permission for the purpose of this article except with the consent of that authority

(3) A person shall not intentionally or negligently damage or interfere with any aeronautical ground light established by or with the permission of the Governor.

Lighting of en-route obstacles

111.—(1) For the purposes of this article an en-route obstacle means any building, structure or erection which is 150 metres or more above ground level other than any such building, structure or erection which is in the vicinity of a certificated or licensed aerodrome.

(2) The person in charge of an en-route obstacle shall ensure that it is fitted with medium intensity steady red lights positioned as close as possible to the top of the obstacle and at intermediate levels spaced so far as practicable equally between the top lights and ground level with an interval not exceeding 52 metres.

(3) The person in charge of an en-route obstacle shall ensure that, by night, the lights required to be fitted by this article shall be displayed.

(4) In the event of the failure of any light which is required by this article to be displayed by night the person in charge shall repair or replace the light as soon as is reasonably practicable.

(5) At each level on the obstacle where lights are required to be fitted, sufficient lights shall be fitted and arranged so as to show when displayed in all directions.

(6) In any particular case the Governor may direct that an en-route obstacle shall be fitted with and shall display such additional lights in such positions and at such times as he may specify.

(7) This article shall not apply to any en-route obstacle in respect of which the Governor has granted permission to the person in charge.

(8) A permission may be granted for the purposes of this article in respect of a particular case or class of cases or generally.

Dangerous lights

112.—(1) A person shall not exhibit in the Territory any light which—

(a) by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or

(b) by reason of its liability to be mistaken for an aeronautical ground light is liable to endanger aircraft.

(2) If any light which appears to the Governor to be a light referred to in paragraph (1) is exhibited the Governor may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or has charge of the light, directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice for extinguishing or screening the light and for preventing for the future the exhibition of any other light which may similarly endanger aircraft.

(3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.

(4) In the case of a light that is or may be visible from any waters within the area of a general lighthouse authority, the power of the Governor under this article shall not be exercised except with the consent of that authority.

Customs and Excise airports

113.—(1) The Governor may by order designate any aerodrome to be a place for the landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs and excise.

(2) The Governor may by order revoke any designation so made.

Aviation fuel at aerodromes

114.—(1) A person who has the management of any aviation fuel installation on an aerodrome in the Territory shall not cause or permit any fuel to be delivered to that installation or from it to an aircraft unless—

(a) when the aviation fuel is delivered into the installation he is satisfied that—

(i) the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in aircraft;

(ii) the installation is marked in a manner appropriate to the grade of fuel stored or if different grades are stored in different parts each part is so marked; and

(iii) in the case of delivery into the installation or part thereof from a vehicle or vessel, the fuel has been sampled and is of a grade appropriate to that installation or that part of the installation as the case may be and is fit for use in aircraft; and

(b) when any aviation fuel is dispensed from the installation he is satisfied as the result of sampling that the fuel is fit for use in aircraft.

(2) Paragraph (1) does not apply in respect of fuel that has been removed from an aircraft and is intended for use in another aircraft operated by the same operator as the aircraft from which it has been removed.

(3) A person to whom paragraph (1) applies shall keep a written record in respect of each installation of which he has the management, which record shall include—

(a) particulars of the grade and quantity of aviation fuel delivered and the date of delivery;

(b) particulars of all samples taken of the aviation fuel and of the results of tests of those samples; and

(c) particulars of the maintenance and cleaning of the installation;

and he shall preserve the written record for a period of 12 months or such longer period as the Governor may in a particular case direct and shall, within a reasonable time after being requested to do so by an authorised person, produce such record to that person.

(4) A person shall not cause or permit any aviation fuel to be dispensed for use in an aircraft if he knows or has reason to believe that the aviation fuel is not fit for use in aircraft.

(5) If it appears to the Governor or an authorised person that any aviation fuel is intended or likely to be delivered in contravention of any provision of this article, the Governor or that authorised person may direct the person having the management of the installation not to permit aviation fuel to be dispensed from that installation until the direction has been revoked by the Governor or by an authorised person.

(6) In this article—

“aviation fuel” means fuel intended for use in aircraft; and

“aviation fuel installation” means any apparatus or container, including a vehicle, designed, manufactured or adapted for the storage of aviation fuel or for the delivery of such fuel to an aircraft.

PART XIV DOCUMENTS AND RECORDS

Journey Log

115.—(1) An operator of an aircraft used for the purposes of international air navigation shall record and retain the information specified by the Governor in a form specified by him for each flight in the form of a journey log.

(2) The Governor may permit an operator not to keep a journey log if the relevant information is available in other documents that are required to be kept under the provisions of this Order.

(3) An operator shall ensure that all entries in a journey log are made concurrently in an indelible form.

Documents to be carried

116.—(1) An aircraft shall not fly unless it carries the documents that it is required to carry under the law of the country in which it is registered.

(2) An aircraft registered in the Territory shall, when in flight, carry documents in accordance with instructions given or requirements specified by the Governor.

Production of documents and records

117.—(1) The pilot-in-command of an aircraft shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person—

(a) the certificates of registration and airworthiness in force in respect of the aircraft;

(b) the licences of its flight crew; and

(c) such other documents as the aircraft is required by article 116 to carry when in flight.

(2) The operator of an aircraft registered in the Territory shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents or records as may have been requested by that person being documents or records which are required, by or under this Order, to be in force or to be carried, preserved or made available—

(a) the certificate of airworthiness and certificate of registration in respect of the aircraft and the licence in force in respect of the aircraft radio station installed in the aircraft;

(b) the aircraft log book, engine log books and variable pitch propeller log books required under this Order to be kept;

(c) the weight schedule, if any, required to be preserved under article 18;

(d) in the case of a commercial air transport aircraft or aerial work aircraft, a copy of the load sheet, the technical log and those parts of the operations manual required to be carried on the flight under article 66;

(e) any record which he is required by article 32(4) to preserve, and such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate;

(f) any such operations manuals as are required to be made available under article 66(2); or

(g) the record made by any flight data recorder required to be carried by or under this Order.

(3) The holder of a licence granted or rendered valid under this Order or of a medical certificate required under article 25 shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person his licence, including any certificate of validation.

(4) Every person required by article 28 to keep a personal flying log book shall cause it to be produced within a reasonable time to an authorised person after being requested to do so by him within 2 years after the date of the last entry therein.

Production of aeronautical telecommunications service documents and records

118.  The holder of an approval under article 101 shall within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person any documents and records relating to any aeronautical telecommunications service used or intended to be used in connection with the provision of a service to an aircraft.

Power to inspect and copy documents and records

119.  An authorised person shall have the power to inspect and copy any certificate, licence, log book, document or record that he has the power under this Order to require to be produced to him.

Preservation of documents, etc

120.—(1) A person required by this Order to preserve any document or record by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his personal representative.

(2) If another person becomes the operator of the aircraft, the operator mentioned in paragraph (1) or his personal representative shall deliver to that person upon demand the certificates of release to service, the log books and the weight schedule and any record made by a flight data recorder and preserved in accordance with article 56 paragraph (3) which are in force or required to be preserved in respect of that aircraft.

(3) If an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person the operator mentioned in paragraph (1) or his personal representative shall deliver to that person upon demand the logbook relating to that engine or propeller.

(4) If any person in respect of whom a record has been kept by the operator mentioned in paragraph (1) in accordance with article 32(4) becomes a member of the flight crew of a commercial air transport aircraft registered in the Territory and operated by another person the operator mentioned in paragraph (1) or his personal representative shall deliver those records to that other person upon demand.

(5) It shall be the duty of the other person referred to in paragraphs (2), (3) and (4) to deal with the document or record delivered to him as if he were the operator mentioned in paragraph (1).

Validity of certificates, licences, authorisations, approvals and permissions

121.  Wherever in this Order there is provision for the giving of an instruction or the issue or grant of a certificate, licence, authorisation, approval or permission by the Governor, unless otherwise provided, such an instruction or a certificate, licence, authorisation, approval or permission—

(a) shall be in writing;

(b) may be issued or granted subject to such conditions as the Governor thinks fit; and

(c) may be issued or granted, subject to article 122, for such periods as the Governor thinks fit; and

(d) may be renewed from time to time by the Governor upon such conditions and for such further period or periods as he thinks fit.

Revocation, suspension and variation of certificates, licences and other documents

122.—(1) The Governor may, if he thinks fit, provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under this Order, pending inquiry into or consideration of the case.

(2) The Governor may, on sufficient ground being shown to his satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.

(3) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the Governor within a reasonable time after being required to do so by the Governor.

(4) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a licence issued in respect of an aerodrome, has been granted or issued or which has effect under this Order shall, in the absence of provision to the contrary in the document, render the document invalid during the continuance of the breach.

(5) The provisions of article 123 have effect, in place of the provisions of this article, in relation to the permissions to which that article applies.

(6) A flight manual, performance schedule or other document incorporated by reference in the certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Governor, whether or not after due inquiry.

Revocation, suspension and variation of permissions, etc. granted under article 135 or article 137

123.—(1) The Secretary of State may revoke, suspend or vary any permit to which this article applies.

(2) Save as provided by paragraph (3), the Secretary of State, may exercise his powers under paragraph (1) only after notifying the permit-holder of his intention to do so and after due consideration of the case.

(3) If, by reason of the urgency of the matter, it appears to the Secretary of State to be necessary for him to do so, he may provisionally suspend or vary a permit to which this article applies without complying with the requirements of paragraph (2); but he shall in any such case comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either—

(a) revoke the provisional suspension or variation of the permit; or

(b) substitute therefor a definitive revocation, suspension or variation, which, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be in the same or different terms as the provisional variation (if any).

(4) The powers vested in the Secretary of State by paragraph (1) or paragraph (3) may be exercised by him whenever, in his judgement and whether or not by reason of anything done or omitted to be done by the permit-holder or otherwise connected with the permit-holder, it is necessary or expedient that the permit-holder should not enjoy, or should no longer enjoy, the rights conferred on him by a permit to which this article applies or should enjoy them subject to such limitations or qualifications as the Secretary of State may determine.

(5) In particular, and without prejudice to the generality of the foregoing, the Secretary of State may exercise his said powers if it appears to him that—

(a) the person to whom the permit was granted has committed a breach of any condition to which it is subject;

(b) any agreement between Her Majesty’s Government in the United Kingdom and the Government of any other country in pursuance of which or in reliance on which the permit was granted is no longer in force or that that other Government has committed a breach thereof;

(c) the person to whom the permit was granted, or a Government which is a party to an agreement referred to in sub-paragraph (b), or the aeronautical authorities of the country concerned, have—

(i) acted in a manner which is inconsistent with or prejudicial to the operation in good faith, and according to its object and purpose, of any such agreement; or

(ii) engaged in unfair, discriminatory or restrictive practices to the prejudice of the holder of an Air Transport Licence granted under section 65 of the Civil Aviation Act 1982(2) or the holder of a route licence granted under that section as applied by section 69A of that Act in his operation of air services to or from points in the country concerned or of the operator of an aircraft registered in and licensed to operate from any of the Territories by regulations under section 13 of the Act in his operation of air services to or from points in the country concerned;

(d) the person to whom the permit was granted, having been granted it as a person designated by the Government of a country other than the United Kingdom for the purposes of any such agreement, is no longer so designated or that that person has so conducted himself, or that such circumstances have arisen in relation to him, as to make it necessary or expedient to disregard or qualify the consequences of his being so designated.

(6) The permit-holder or any person having the possession or custody of any permit which has been revoked, suspended or varied under this article shall surrender it to the Secretary of State within a reasonable time of being required by him to do so.

(7) The breach of any condition subject to which any permit to which this article applies has been granted shall render the permit invalid during the continuance of the breach.

(8) The permits to which this article applies are permissions granted by the Secretary of State or the Governor as the case may be under Article 135 or Article 137 and any approvals or authorisations of, or consents to, any matter which the Secretary of State or the Governor has granted, or is deemed to have granted, in pursuance of a permission which he has so granted.

(9) References in this Article to the “permit-holder” are references to the person to whom any permit to which this article applies has been granted, or that is deemed to have been granted.

(10) The Secretary of State may, in any particular case, or class of cases, delegate to the Governor the exercise of the powers conferred on the Secretary of State under this article in respect of permissions granted by the Secretary of State or the Governor as the case may be under Article 135 of this Order and any approvals or authorisations of, or consents to, any matter which the Secretary of State or the Governor has granted, or is deemed to have granted, in pursuance of a permission which he has so granted.

(11) The provisions of this Article have effect, as from the commencement of this Order, as well in relation to permits, being permits to which this Article applies, granted before the commencement of this Order as in relation to those granted thereafter.

Offences in relation to documents and records

124.—(1) A person shall not with intent to deceive—

(a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under this Order which has been forged, altered, revoked or suspended, or to which he is not entitled;

(b) lend any certificate, licence, approval, permission, exemption or any other document issued or having effect or required by or under this Order to, or allow it to be used by, any other person; or

(c) make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, licence, approval, permission or exemption or other document;

and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy thereof.

(2) A person shall not intentionally damage, alter or render illegible any logbook or other record required by or under this Order to be maintained or any entry made therein or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under this Order to be preserved.

(3) All entries made in writing in any logbook or record referred to in paragraph (2) shall be made in ink.

(4) A person shall not knowingly make in a load sheet any entry that is incorrect in any material particular, or any material omission from such a load sheet.

(5) A person shall not purport to issue any certificate for the purposes of this Order unless he is authorised to do so under this Order.

(6) A person shall not issue any certificate for the purposes of this Order unless he has satisfied himself that all statements in the certificate are correct.

PART XV OFFENCES AND PENALTIES

Endangering safety of aircraft

125.  A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein.

Endangering safety of any person or property

126.  A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property.

Drunkenness in aircraft

127.—(1) A person shall not enter any aircraft when drunk, or be drunk in any aircraft.

(2) A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of alcohol, any drug or any psychoactive substance, including prescribed or proprietary medication, so as to render that person unable safely and properly so to act or so as to create a risk to that person or any other person.

Smoking in aircraft

128.—(1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in the Territory so as to be visible from each passenger seat.

(2) A person shall not smoke in any compartment of an aircraft registered in the Territory at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the pilot-in-command of the aircraft.

Authority of pilot-in-command and members of the crew of an aircraft

129.—(1) Every person in an aircraft must obey all lawful commands which the pilot-in-command or a member of the crew of that aircraft may give for the purpose of securing the safety of the aircraft and of the persons or property carried on board, or the safety, efficiency or regularity of air navigation.

(2) No person may operate on any aircraft any mobile or cell phone, computer or other electronic device that is designed to transmit or capable of transmitting electromagnetic energy otherwise than in accordance with the permission of the pilot-in-command of that aircraft.

(3) Paragraph (2) of this article does not apply to—

(a) hearing aids; or

(b) heart pacemakers; or

(c) portable voice recorders; or

(d) electric shavers; or

(e) electronic watches; and

(f) any other portable electronic device if the operator or pilot-in-command of the aircraft has determined that the said portable electronic device to be used will not cause interference with any aircraft system or equipment of the aircraft on which it is used.

Acting in a disruptive manner

130.  No person shall while in an aircraft—

(a) use any threatening, abusive or insulting words towards a member of the crew of the aircraft;

(b) behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or

(c) intentionally interfere with the performance by a member of the crew of the aircraft of his duties.

Obstruction of persons

131.  A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.

Enforcement of directions

132.  Any person who without reasonable excuse fails to comply with any direction given to him under any provision of this Order or any regulations made thereunder shall be deemed for the purposes of this Order to have contravened that provision.

Stowaways

133.  A person shall not secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the pilot-in-command or of any other person entitled to give consent to his being carried in the aircraft.

Penalties

134.—(1) If any provision of this Order or of any regulations made or instructions given thereunder is contravened in relation to an aircraft, the operator of that aircraft and the pilot-in-command and, in the case of a contravention of article 135, the charterer of that aircraft, shall (without prejudice to the liability of any other person for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

(2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or of any regulations made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.

(3) Where a person is charged with contravening a provision of this Order or of any regulations made thereunder by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport or aerial work the flight shall be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor suspected that the flight was for that purpose.

(4) If any person contravenes any provision of this Order or of any regulations made thereunder not being a provision referred to in paragraphs (5) or (6), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1000

(5) If any person contravenes any provision specified in Part A of Schedule 7 to this Order he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2500

(6) If any person contravenes any provision specified in Part B of the said Schedule he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £5000 and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

PART XVI FOREIGN AIRCRAFT OPERATIONS

Restriction with respect to carriage for valuable consideration in aircraft registered outside the Territory

135.—(1) An aircraft registered in a Contracting State, other than the United Kingdom or any of the Territories, or in a foreign country, shall not take on board or discharge any passengers or cargo in the Territory, where valuable consideration is given or promised in respect of the carriage of such persons or cargo unless it does so with the permission of the Secretary of State granted under this article to the operator or charterer of the aircraft or to the Government of the country in which the aircraft is registered, and in accordance with any conditions to which such permission may be subject.

(2) Without prejudice to the provisions of Article 123 or of paragraph (1), any breach by a person to whom a permission has been granted under this article of any condition to which that permission was subject shall constitute a contravention of this article.

(3) The Secretary of State may, in any particular case, or class of cases, delegate to the Governor the exercise of the powers conferred on the Secretary of State under paragraph (1); and where the exercise of the powers conferred under paragraph (1) is so delegated, the Governor shall, in exercising those powers, comply with any general guidelines or specific directions which may from time to time be conveyed to him by the Secretary of State.

Filing and approval of tariffs

136.—(1) Where a permission granted under article 135 contains a tariff provision, the Secretary of State may, in any particular case or class of cases, delegate to the Governor the exercise of the power to approve or disapprove the tariff which the operator or charterer of the aircraft concerned proposes to apply on flights to which the permission relates, and where the power to approve or disapprove tariffs is so delegated, the Governor shall, in exercising that power, comply with any general guidelines or specific directions which may from time to time be conveyed to him by the Secretary of State.

(2) For the purposes of this article, ‘tariff provision’ means a condition as to any of the following matters—

(a) the price to be charged for the carriage of passengers, baggage or cargo on flights to which a permission granted under article 135(1) relates;

(b) any additional goods, services or other benefits to be provided in connection with such carriage;

(c) the prices, if any, to be charged for any such additional goods, services or benefits; and

(d) the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo;

and includes any condition as to the applicability of any such price, the provision of any such goods, services or benefits or the payment of any such commission or of commission at any such rate.

Restriction on aerial photography, aerial survey and aerial work in aircraft registered outside the Territory

137.—(1) An aircraft registered in a Contracting State other than the United Kingdom or any of the Territories, or in a foreign country, shall not fly over the Territory for the purpose of aerial photography or aerial survey (whether or not valuable consideration is given or promised in respect of the flight or the purpose of the flight) or for the purpose of any other form of aerial work except with the permission of the Governor granted under this article to the operator or the charterer of the aircraft and in accordance with any conditions to which such permission may be subject.

(2) Without prejudice to article 123 or the provisions of paragraph (1), any breach by a person to whom a permission has been granted under this article of any condition to which that permission was subject constitutes a contravention of this article.

PART XVII GENERAL

Flights over any foreign country

138.—(1) The operator and the pilot-in-command of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any foreign country shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

(2) A person does not contravene paragraph (1) if he neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in paragraph (1).

(3) The operator and the pilot-in-command of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any foreign country shall comply with any directions given by the appropriate aeronautical authorities of that country whenever—

(a) the flight has not been duly authorised; or

(b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country;

unless the lives of persons on board or the safety of the aircraft would thereby be endangered.

(4) A person does not contravene paragraph (3) if he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.

(5) The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.

(6) In this article ‘appropriate aeronautical authorities’ includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

Mandatory reporting

139.—(1) The objective of this article is to contribute to the improvement of air safety by ensuring that the relevant information on safety is reported, collected, stored, protected and disseminated.

(2) The sole objective of occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability.

(3) Every person listed below shall report to the Governor any event which constitutes an occurrence for the purposes of paragraph (4) and which comes to his attention in the exercise of his functions—

(a) the operator and the pilot-in-command of an aircraft which has a certificate of airworthiness or permit to fly issued by the Governor;

(b) the operator and the pilot-in-command of an aircraft operated under an air operator’s certificate granted by the Governor;

(c) a person who carries on in the Territory the business of manufacturing, repairing or overhauling an aircraft referred to in sub-paragraphs (a) or (b), or any equipment or part thereof;

(d) a person who carries on the business of maintaining or modifying an aircraft that has a certificate of airworthiness or permit to fly issued by the Governor and a person who carries on the business of maintaining or modifying any equipment or part of such an aircraft;

(e) a person who carries on the business of maintaining or modifying an aircraft, operated under an air operator’s certificate granted by the Governor, and a person who carries on the business of maintaining or modifying any equipment or part of such an aircraft;

(f) a person who signs an airworthiness report or a certificate of release to service in respect of such an aircraft, part or equipment;

(g) a person who performs a function for which he requires an air traffic controller’s licence or to be authorised as a flight information service officer;

(h) an aerodrome certificate holder, operator or manager of a certificated or licensed aerodrome;

(i) a person who performs a function connected with the installation, modification, maintenance, repair, overhaul, flight checking or inspection of air navigation facilities which are utilised by a person who provides an air traffic control service under an approval issued by the Governor;

(j) a person who performs a function in respect of the ground-handling of aircraft, including fuelling, servicing, load sheet preparation, de-icing and towing.

(4) In this article ‘reportable occurrence’ means—

(a) any incident relating to such an aircraft or any defect in or malfunctioning of such an aircraft or any part or equipment of such an aircraft, being an incident, malfunctioning or defect endangering, or which if not corrected would endanger, the aircraft, its occupants or any other person; and

(b) any defect in or malfunctioning of any facility on the ground used or intended to be used for purposes of or in connection with the operation of such an aircraft, being a defect or malfunctioning endangering, or which if not corrected would endanger, such an aircraft or its occupants.

(5) Any accident or serious incident notified to the Governor in pursuance of regulations made under section 75 of the Civil Aviation Act 1982(3) shall not constitute a reportable occurrence for purposes of this article.

(6) Reports of occurrences shall be made within such time, by such means and containing such information as may be specified by the Governor and shall be presented in such form as the Governor may in any particular case approve.

(7) Nothing in this article shall require a person to report any occurrence which he has reason to believe has been or will be reported by another person to the Governor in accordance with this article.

(8) A person shall not make any report under this article if he knows or has reason to believe that the report is false in any particular.

(9) Without prejudice to article 56 and subject to article 120 and paragraph 10, the operator of an aircraft shall, if he has reason to believe that a report has been or will be made in pursuance of this article, preserve any data from a flight data recorder or a combined cockpit voice recorder/flight data recorder relevant to the reportable occurrence for 14 days from the date on which a report of that occurrence is made to the Governor or for such longer period as the Governor may in a particular case direct.

(10) The record referred to in paragraph 9 may be erased if the aircraft is outside the Territory and it is not reasonably practicable to preserve the record until the aircraft reaches the Territory.

Mandatory reporting of birdstrikes

140.—(1) The pilot-in-command of an aircraft shall make a report to the Governor of any birdstrike occurrence which occurs whilst the aircraft is in flight within the Territory.

(2) The report shall be made within such time, by such means and shall contain such information as may be specified by the Governor and it shall be presented in such form as the Governor may in a particular case approve.

(3) Nothing in this article shall require a person to report any occurrence which he has reported under article 139 or which he has reason to believe has been or will be reported by another person to the Governor in accordance with that article.

(4) A person shall not make any report under this article if he knows or has reason to believe that the report is false in any particular.

(5) In this article “birdstrike occurrence” means an incident in flight in which the pilot-in-command of an aircraft has reason to believe that the aircraft has been in collision with one or more than one bird.

Power to prevent aircraft flying

141.—(1) If it appears to the Governor or an authorised person that any aircraft is intended or likely to be flown—

(a) in such circumstances that any provision of article 3, 5, 7, 20, 21, 56, 57, 58, 64, 127(2), 135, 137 or 138 would be contravened in relation to the flight;

(b) in such circumstances that the flight would be in contravention of any other provision of this Order or of any regulations made thereunder, and be a cause of danger to any person or property whether or not in the aircraft; or

(c) while in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of this Order, or of any regulations made thereunder;

the Governor or that authorised person may direct the operator or the pilot-in-command of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Governor or by an authorised person, and the Governor or that authorised person may take such steps as are necessary to detain the aircraft.

(2) For the purposes of paragraph (1) the Governor or any authorised person may enter upon and inspect any aircraft.

Right of access to aerodromes and other places

142.—(1) The Governor and any authorised person shall have the right of access at all reasonable times—

(a) to any aerodrome, for the purpose of inspecting the aerodrome;

(b) to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or any document which he has power to demand under this Order, or for the purpose of detaining any aircraft under the provisions of this Order;

(c) to any place where an aircraft has landed, for the purpose of inspecting the aircraft or any document which he has power to demand under this Order and for the purpose of detaining the aircraft under the provisions of this Order;

(d) to any building or place from which an air traffic control service is being provided or where any aeronautical telecommunications service requiring approval under article 101 is situated for the purpose of inspecting—

(i) any equipment used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground; or

(ii) any document or record which it or he has power to demand under this Order.

(2) Access to a Government aerodrome shall only be obtained with the permission of the person in charge of the aerodrome.

Extra-territorial effect of the Order

143.—(1) Except where the context otherwise requires, the provisions of this Order—

(a) insofar as they apply (whether by express reference or otherwise) to aircraft registered in the Territory, apply to such aircraft wherever they may be;

(b) insofar as they apply to other aircraft apply to such other aircraft when they are within the Territory or on or in the neighbourhood of an offshore installation;

(c) insofar as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in or by any of the crew of, any aircraft registered in the Territory, apply to such persons and crew, wherever they may be; and

(d) insofar as they prohibit, require or regulate the doing of anything in relation to any aircraft registered in the Territory by other persons shall, where such persons are Commonwealth citizens or British protected persons, apply to them wherever they may be.

(2) Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948(4) (which limits the criminal liability of certain persons who are not citizens of the United Kingdom and colonies) that that person shall not be guilty of an offence.

Application of Order to British-controlled aircraft not registered in the Territory

144.  The Governor may direct that such of the provisions of this Order and of any regulations made or having effect thereunder as may be specified in the direction shall have effect as if reference in those provisions to aircraft registered in the Territory included references to the aircraft specified in the direction, being an aircraft not so registered but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory.

Application of Order to the Crown and visiting forces, etc.

145.—(1) Subject to the following provisions of this article, the provisions of this Order apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty as they apply to or in relation to other aircraft.

(2) For the purposes of such application, the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft and, in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft.

(3) Nothing in this article shall render liable to any penalty any department or other authority responsible on behalf of Her Majesty for the management of any aircraft.

(4) Save as otherwise expressly provided the naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order and of any regulations made thereunder to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving in the Territory.

(5) Save as otherwise provided by paragraph (6), article 31(3)(a), article 63(5), (9) and (10), and article 109 and the Rules of the Air, nothing in this Order applies to or in relation to any military aircraft.

(6) Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force or international headquarters, the following provisions of this Order apply on the occasion of that flight, that is to say, articles 38 and 37 and articles 125, 126, and 127 apply unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 550) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.

Exemption from Order

146.  The Governor may exempt from any of the provisions of this Order (other than articles 35, 36, 123, 135, 136, 137, 138, and 147) or any regulations made thereunder, any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.

Appeal to Supreme Court

147.—(1) An appeal shall lie to the Supreme Court or to such other court as may be prescribed from any decision of the Governor that a person is not a fit person to hold a licence to act as an aircraft maintenance engineer, member of the flight crew of an aircraft, air traffic controller, student air traffic controller or aerodrome flight information service officer, and if the court is satisfied that on the evidence submitted to the Governor he was wrong in so deciding, the court may reverse the Governor’s decision and the Governor shall give effect to the court’s determination.

(2) An appeal shall not lie from a decision of the Governor that a person is not qualified to hold the licence by reason of a deficiency in his knowledge, experience, competence, skill, physical or mental fitness.

(3) The respondent to any appeal under this article shall be the Attorney General or other principal legal officer of the Government of the Territory.

(4) For the purposes of any provision relating to the time within which an appeal may be brought, the Governor’s decision shall be deemed to have been taken on the date on which the Governor furnished a statement of his reasons for the decision to the applicant for the licence, or as the case may be, the holder or former holder of it.

Application of Order

148.  The provisions of this Order apply to the Territories mentioned in Schedule 12, any one of which is in this Order referred to in the expression “the Territory”.

Regulations by the Governor: Fees

149.—(1) The Governor may make regulations for prescribing anything that, under the provisions of this Order, is to be prescribed.

(2) The Governor, with the approval of a Secretary of State, may make regulations amending the Air Navigation (General) Regulations in Schedule 9 to this Order.

(3) Without prejudice to the generality of paragraph (1) of this article, such regulations may prescribe the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document (including the issue of a copy thereof), or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of, this Order or any regulations made hereunder.

(4) Upon an application being made in connection with which any fee is chargeable in accordance with the said provisions the applicant may be required before the application is entertained to pay the whole or to deposit a portion of the fee or fees so chargeable.

(5) If, after payment or deposit has been made under paragraph (4), the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Governor, the Governor may, subject as hereinafter provided, refund the amount of such payment or deposit.

(6) Where the amount paid or deposited under paragraph (4) is wholly or to any extent attributable to a fee chargeable in respect of an investigation which would have been carried out in connection with the application if it had not been so withdrawn or ceased to have effect or been refused but which has not been carried out by reason only of such withdrawal, cessation or refusal, the Governor may refund the amount so attributable or, subject to paragraph (7), in a case where an investigation has been partially completed, so much of that amount as in the opinion of the Governor is reasonable having regard to the stage to which the investigation has progressed at the time of such withdrawal, cessation or refusal.

(7) If in any case the amount deposited by the applicant is not sufficient to cover the fee, as ultimately assessed, chargeable in respect of any investigation in so far as the same has been carried out at the time when the application is withdrawn by him or otherwise ceases to have effect or is refused by the Governor the amount representing the balance of such fee shall be payable by the applicant.

(8) In this article the expression “investigation” includes an inspection, examination, calculation or test.

Exceptions for certain classes of aircraft

150.  The provisions of this Order other than articles 38(1), 39, 40, 78, 126, 141(1)(b), 156(1), (4) and (7) do not apply to or in relation to—

(a) any small balloon;

(b) any kite weighing not more than 2 kg;

(c) any small aircraft; or

(d) any parachute, including a parascending parachute.

Approval for persons to furnish reports

151.  In relation to any of his functions under any of the provisions of this Order the Governor may approve a person as qualified to furnish reports to him and may accept such reports.

Publication of requirements

152.—(1) Where any provision of this Order provides for the Governor to grant a certificate, licence or other document if he is satisfied as to matters specified in the provision, he shall before determining whether to effect that grant—

(a) publish the requirements which he considers relevant to determining his satisfaction in respect of those matters in the publication issued in the Territory concerned known as “OTARs (Overseas Territories Aviation Requirements)”; and

(b) take into account those requirements.

(2) Nothing in this article shall require the Governor to publish requirements in respect of a licence, certificate or other document if he does not exercise his powers to grant the licence, certificate or document in question.

Designation by the Governor

153.—(1) Subject to paragraphs (3) and (4), the Governor, acting in his discretion, may designate a person to carry out those functions of the Governor under this Order that are specified in the designation, subject to such conditions as he sees fit.

(2) Subject to paragraph (3), the Governor may revoke or vary a designation made under paragraph (1).

(3) Before making, revoking or varying a designation made under paragraph (1), the Governor shall consult with, and take into account any advice given by, ASSI.

(4) The Governor may not include in any designation made under paragraph (1) the functions of the Governor—

(a) to make rules, orders or regulations or give instructions under this Order; or

(b) under this article or articles 113, 152 or 154.

Review by the Governor

154.—(1) Where any person designated under article 153(1)—

(a) decides that it would be inexpedient in the public interest to register an aircraft in a Territory; or

(b) refuses an application for the grant, validation or variation of a licence, certificate, approval, authorisation or rating; or

(c) decides to cancel the registration of an aircraft; or

(d) decides to revoke, suspend or vary a licence, certificate, approval, authorisation, validation or rating otherwise than on the application of the holder;

the person designated shall serve on the person concerned a notice stating the reasons for the decision and the person concerned may within 14 days of the date of the service of the notice, serve on the Governor a request that the decision be reviewed by the Governor.

(2) Where such a request under paragraph (1) has been duly served the Governor shall, before making a decision, consider any oral representations which may be made to him or any representations in writing which may have been served upon him by the person concerned within 21 days after the date of service of the request and may, before making a decision, consider the advice of such technical assessors as the Governor may appoint to advise him provided that the Governor shall not appoint as an assessor any person who participated in the decision or proposal or in giving or assessing any test or examination which is to be the subject of the Governor’s decision.

Arrangements for giving effect to the Convention

155.—(1) The Governor shall within the Territory issue such instructions or make such arrangements as are necessary, requisite or expedient for carrying out the Chicago Convention and implementing any Annex thereto and any amendment to the Convention, or any such Annex made in accordance with the Convention, or generally for regulating and securing the safety of international air navigation in accordance with the provisions of section 8(1) of the Act.

(2) Under the provisions of paragraph (1) the Governor shall in particular—

(a) provide or secure the provision of a meteorological service to meet the needs of international air navigation and with due regard to regional air navigation agreements and shall designate the appropriate authority to provide or arrange for the provision of such meteorological service;

(b) ensure the availability in the Territory of aeronautical charts;

(c) arrange for the establishment and provision of search and rescue services within the Territory, and in such portions of the high seas that are the responsibility of the Territory under regional air navigation agreements;

(d) provide an aeronautical information service or agree with one or more other Contracting States for the provision of a joint service, or delegate the authority for the provision of the service to a non-governmental agency.

(3) The Governor shall arrange for the details of the services and arrangements provided in accordance with paragraph (2) to be included in the Aeronautical Information Publication relating to the Territory.

Interpretation

156.—(1) In this Order, unless the context otherwise requires—

“The Act” means the Civil Aviation Act 1949(5);

“Aerial work” has the meaning assigned to it by article 157;

“Aerial work aircraft” means an aircraft (other than a commercial air transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;

“Aerial work undertaking” means an undertaking whose business includes the performance of aerial work;

“Aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;

“Aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

“Aerodrome control service” means an air traffic control service for any aircraft on the manoeuvring area or apron of the aerodrome in respect of which the service is being provided or which is flying in, or in the vicinity of, the aerodrome traffic zone of that aerodrome by visual reference to the surface;

“Aerodrome operating minima” in relation to the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing, which are the minimum for the operation of that aircraft at that aerodrome;

“Aerodrome traffic zone” means the airspace specified below, being airspace in the vicinity of an aerodrome which is notified for the purposes of rule 39 of the Rules of the Air—

(a)

in relation to such an aerodrome at which the length of the longest runway is notified as 1850 metres or less—

(i)

subject to sub-paragraph (ii), the airspace extending from the surface to a height of 2000 ft above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2 nautical miles;

(ii)

where such an aerodrome traffic zone would extend less than 1½ nautical miles beyond the end of any runway at the aerodrome and this sub-paragraph is notified as being applicable, sub-paragraph (b) applies as though the length of the longest runway is notified as greater than 1850 metres;

(b)

in relation to such an aerodrome at which the length of the longest runway is notified as greater than 1850 metres, the airspace extending from the surface to a height of 2000 ft above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2½ nautical miles;

except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this Order as being the controlling aerodrome;

“Aeronautical beacon” means an aeronautical ground light which is visible either continuously or intermittently to designate a particular point on the surface of the earth;

“Aeronautical ground light” means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

“Aeronautical radio station” means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft;

“Air traffic control unit” means a person appointed by the Governor or by any other person maintaining an aerodrome or place to give instructions, advice or information by means of radio signals to aircraft in the interests of safety but does not include a person so appointed solely to provide a flight information service to aircraft, and ‘air traffic control service’ shall be construed accordingly;

“Air transport undertaking” means an undertaking whose business includes the undertaking of flights for the purposes of commercial air transport of passengers or cargo;

“Altitude hold and heading mode” mean aircraft autopilot functions that enable the aircraft to maintain an accurate height and an accurate heading;

“Annual costs” in relation to the operation of an aircraft means the best estimate reasonably practicable at the time of a particular flight in respect of the year commencing on the first day of January preceding the date of the flight, of the costs of keeping and maintaining and the indirect costs of operating the aircraft, such costs in either case excluding direct costs and being those actually and necessarily incurred without a view to profit;

“Annual flying hours” means the best estimate reasonably practicable at the time of a particular flight by an aircraft of the hours flown or to be flown by the aircraft in respect of the year commencing on the first day of January preceding the date of the flight;

“Approach control service” means an air traffic control service for any aircraft which is not receiving an aerodrome control service, which is flying in, or in the vicinity of the aerodrome traffic zone of the aerodrome in respect of which the service is being provided, whether or not the aircraft is flying by visual reference to the surface;

“Approach to landing” means that portion of the flight of the aircraft when approaching to land, in which it is descending below a height of 1000 ft above the relevant specified decision height or minimum descent height;

“Appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;

“Appropriate air traffic control unit” means in relation to an aircraft either the air traffic control unit notified as serving the area in which the aircraft is for the time being, or the air traffic control unit notified as serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be;

“Apron” means the part of an aerodrome provided for the stationing of aircraft for the embarkation and disembarkation of passengers, for loading and unloading of cargo and for parking;

“Area control centre” means an air traffic control unit established to provide an area control service to aircraft flying within a notified flight information region which are not receiving an aerodrome control service or an approach control service;

“Area control service” means an air traffic control service for any aircraft which is flying neither in nor in the vicinity of an aerodrome traffic zone except for an aerodrome traffic zone which has been notified as being subject to an area control service;

“Area navigation equipment” means equipment carried on board an aircraft which enables the aircraft to navigate on any desired flight path within the coverage of appropriate ground based navigation aids or within the limits of that on-board equipment or a combination of the two;

“ASSI” means Air Safety Support International, being a wholly owned subsidiary company of the Civil Aviation Authority formed in accordance with a direction given by the Secretary of State to the Civil Aviation Authority under section 6(2)(c) of the Civil Aviation Act 1982(6) on 2 January 2003;

“Authorised person” means any person authorised by the Governor either generally or in relation to a particular case or class of cases, and references to a person authorised by the Governor include references to the Director of Civil Aviation in the Territory and the holder for the time being of any office designated by the Governor;

“Beneficial interest” includes interests arising under contract and other equitable interests;

“Cabin crew” in relation to an aircraft means those persons on a flight carried for the purpose of performing in the interests of the safety of passengers duties to be assigned by the operator or the pilot-in-command of the aircraft but who shall not act as a member of the flight crew;

“Captive balloon” means a balloon which when in flight is attached by a restraining device to the surface;

“Captive flight” means flight by an uncontrollable balloon during which it is attached to the surface by a restraining device;

“Cargo” includes mail and animals;

“Certificated aerodrome” means an aerodrome certificated under this Order;

“Certificate of airworthiness” includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;

“Certificate of release to service issued under the Order” has the meaning assigned to it by article 12(6);

“Certificated for single pilot operation” means an aircraft that is not required to carry more than one pilot by virtue of any one or more of the following—

(a)

the certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered;

(b)

if no certificate of airworthiness is required to be in force, the certificate of airworthiness, if any, last in force in respect of the aircraft;

(c)

if no certificate of airworthiness is or has previously been in force but the aircraft is identical in design with an aircraft in respect of which such a certificate is or has been in force, the certificate of airworthiness which is or has been in force in respect of such an identical aircraft; or

(d)

in the case of an aircraft flying in accordance with the conditions of a permit to fly issued by the Governor, that permit to fly;

“Circling approach” means an extension of an instrument approach procedure which provides for visual circling by an aircraft of an aerodrome prior to landing;

“The Civil Aviation Authority” means the body corporate constituted in accordance with the provisions of section 2 of the Civil Aviation Act 1982(7);

“Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace” and “Class E airspace” mean airspace respectively notified as such;

“Cloud ceiling” in relation to an aerodrome means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;

“Commercial air transport” has the meaning assigned to it by articles 157 to 163;

“Commercial air transport aircraft” means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of commercial air transport;

“the Commonwealth” means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981(8) and all other territories forming part of Her Majesty’s dominions or in which Her Majesty has jurisdiction;

“Competent authority” means in relation to the Territory, the Governor, and in relation to any other country the authority responsible under the law of that country for promoting the safety of civil aviation;

“Conditional sale agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974(9);

“Congested area” in relation to a city, town or settlement, means any area that is substantially used for residential, industrial, commercial or recreational purposes;

“Contracting State” means any State (including the United Kingdom and any of the Territories) that is a party to the Convention on Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on 7 December 1944;

“Controllable balloon” means a balloon, not being a small balloon, which is capable of free controlled flight;

“Controlled airspace” means airspace that has been notified as Class A, Class B, Class C, Class D or Class E airspace;

“Control area” means controlled airspace that has been further notified as a control area and which extends upwards from a notified altitude or flight level;

“Control zone” means controlled airspace which has been further notified as a control zone and which extends upwards from the surface;

“Co-pilot” in relation to an aircraft means a pilot who in performing his duties as such is subject to the direction of another pilot carried in the aircraft;

“Country” includes a territory, except in paragraph (3)(b);

“Crew” means a member of the flight crew, a person carried on the flight deck whom the operator of the aircraft appoints to give or to supervise the training experience, practice and periodical tests required in respect of the flight crew under article 70(3) of this Order, or a member of the cabin crew or a task specialist;

“Danger area” means airspace which has been notified as such within which activities dangerous to the flight of aircraft may take place or exist at such times as may be notified;

“Day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level;

“Decision height” in relation to the operation of an aircraft at an aerodrome means the height in a precision approach at which a missed approach must be initiated if the required visual reference to continue that approach has not been established;

“Declared distances” has the meaning that has been notified;

“Designated required navigation performance airspace” means airspace that has been notified, prescribed or otherwise designated by the competent authority for the airspace as requiring specified navigation performance capabilities to be met by aircraft flying within it;

“Direct costs” means, in respect of a flight, the costs actually and necessarily incurred in connection with that flight without a view to profit but excluding any remuneration payable to the pilot for his services as such;

“Director” has the same meaning as in section 53(1) of the Companies Act 1989(10);

“Flight” and “to fly” have the meanings respectively assigned to them by paragraph (4);

“Flight crew” means, in relation to an aircraft, those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radiotelephony operator of the aircraft;

“Flight information service unit” means a person appointed by the Governor or by any other person maintaining an aerodrome or area control centre—

(a)

in the case of such a unit appointed in respect of an aerodrome to—

(i)

give information by means of radio signals to aircraft flying in or intending to fly within the aerodrome traffic zone of that aerodrome; and

(ii)

grant or refuse permission, under Rule 35 or 36(2) of the Rules of the Air;

(b)

in the case of such a unit appointed in respect of an area control centre, to give information by means of radio signals to aircraft;

and “flight information service”, “aerodrome flight information service” and “aerodrome flight information service unit” shall be construed accordingly;

“Flight level” means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1013.2 hectopascals;

“Flight manual” means a manual approved by the state of type certification for the aircraft, associated with the certificate of airworthiness, containing limitations within which the aircraft may be considered airworthy, and instructions and information necessary to the flight crew for the safe operation of the aircraft;

“Flight plan” means such information as may be notified in respect of an air traffic control service unit being information provided or to be provided to that unit, relative to an intended flight or portion of a flight of an aircraft;

“Flight recording system” means a system comprising either a flight data recorder or a cockpit voice recorder or both;

“Flight simulator” means apparatus by means of which flight conditions in an aircraft are simulated on the ground;

“Flight visibility” means the visibility forward from the flight deck of an aircraft in flight;

“Flying display” means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public;

“Free balloon” means a balloon which, when in flight, is not attached by any form of restraining device to the surface;

“Free controlled flight” means flight during which a balloon is not attached to the surface by any form of restraining device (other than a tether not exceeding 5 metres in length which may be used as part of the take-off procedure) and during which the height of the balloon is controllable by means of a device attached to the balloon and operated by the pilot-in-command of the balloon or by remote control;

“General lighthouse authority” has the same meaning as in section 193 of the Merchant Shipping Act 1995(11);

“Governor” means the person for the time being administering the Government of the Territory and, in relation to such of the functions of the Governor under this Order as are specified in a designation made by the Governor under article 153, includes any person specified in that designation to carry out those functions;

“Hire-purchase agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974(12);

“Holding approach” means a predetermined manoeuvre which keeps an aircraft within a specified area of airspace while awaiting further clearance;

“Instructor’s rating” means a flying instructor’s rating, an assistant flying instructor’s rating, a flight instructor rating (aeroplane), a flight instructor rating (helicopter), a type rating instructor rating (multi-pilot aeroplane), a type rating instructor rating (helicopter), a class rating instructor rating (single pilot aeroplane), an instrument rating instructor rating (aeroplane) or an instrument rating instructor rating (helicopter);

“Instrument approach procedure” means a series of predetermined manoeuvres by reference to flight instruments, with specified protection from obstacles, from a specified point to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or other obstacle clearance criteria apply;

“Instrument flight procedure” means a generic term to include individually, in whole or in part, “instrument approach procedure”, “standard instrument arrival”, “standard instrument departure”, “circling approach” and “holding procedure” designed in accordance with International Civil Aviation Organisation Procedures for Air Navigation Services (PANS-OPS);

“IFR” means the Instrument Flight Rules;

“Instrument Flight Rules” means Instrument Flight Rules specified in the Rules of the Air;

“Instrument Meteorological Conditions” means weather that precludes flight in compliance with the Visual Flight Rules;

“International headquarters” means an international headquarters designated by Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964(13), as extended to the Territory;

“To land” in relation to aircraft includes alighting on the water;

“Legal personal representative” means the person so constituted executor, administrator, or other representative, of a deceased person;

“Licence” includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;

“Lifejacket” includes any device designed to support a person individually in or on the water;

“Log book” in the case of an aircraft log book, engine log book or variable pitch propeller log book, or personal flying log book, includes a record kept either in a book, or by any other means approved by the Governor in the particular case;

“Maintenance” means any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

“Manoeuvring area” means the part of an aerodrome provided for the take-off and landing of aircraft and for the movement of aircraft on the surface, excluding the apron and any part of the aerodrome provided for the maintenance of aircraft;

“Maximum approved passenger seating configuration” means the maximum passenger seating capacity of an individual aircraft, excluding pilot seats or flight deck seats and cabin crew seats, as applicable, used by the operator, approved by the appropriate authority and specified in the operations manual or, if no such approval has been given, the maximum number of passengers that may be carried in an aircraft under and in accordance with its certificate of airworthiness, its flight manual and this Order;

“Maximum total weight authorised” in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

“Medical attendant” means a person carried on a flight for the purpose of attending to any person in the aircraft in need of medical attention, or to be available to attend to such a person;

“Microlight aeroplane” means an aeroplane designed to carry not more than two persons which has—

(a)

a maximum total weight authorised not exceeding—

(i)

300 kg for a single seat landplane;

(ii)

450 kg for a two seat landplane;

(iii)

330 kg for a single seat amphibian or floatplane; or

(iv)

495 kg for a two seat amphibian or floatplane; and

(b)

either a wing loading at the maximum total weight authorised not exceeding 25 kg per square metre or a stalling speed at the maximum total weight authorised not exceeding 35 knots calibrated airspeed;

“Military aircraft” means the naval, military or air force aircraft of any country and—

(a)

any aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and

(b)

any aircraft in respect of which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

“Minimum descent height” in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference;

“Multi-crew co-operation” means the functioning of the flight crew as a team of co-operating members led by the pilot-in-command;

“Nautical mile” means the International Nautical Mile, that is to say, a distance of 1852 metres;

“Night” means the time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level;

“Non-precision approach” means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;

“Non-revenue flight” means—

(a)

in the case of a flight by an aeroplane, any flight which the holder of a Territory Private Pilot’s Licence (Aeroplanes) may undertake under paragraph (2)(a) and (b) of the privileges of that licence set out in Schedule 6;

(b)

in the case of a flight by a helicopter, any flight which the holder of a Territory Private Pilot’s Licence (Helicopters) may undertake under paragraph (2)(a) and (b) of the privileges of that licence set out in Schedule 6; and

(c)

in the case of a flight by a gyroplane, any flight which the holder of a Territory Private Pilot’s Licence (Gyroplanes) may undertake under paragraph (2)(a) and (b) of the privileges of that licence set out in Schedule 6;

“North Atlantic Minimum Navigation Performance Specification airspace” means the airspace specified as such in regulation 3 in Schedule 9;

“Notified” means shown in any of the following publications for the time being in force and issued in the Territory whether before or after the coming into operation of this Order, that is to say, “Notams (Notices to Airmen)”, “Aeronautical Information Publications (AIP)”, “OTARs (Overseas Territories aviation requirements)”, or such other official publications so issued for the purpose of enabling any of the provisions of this Order to be complied with;

“Operator” has the meaning assigned to it by paragraph (5);

“Operating staff” means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions;

“OTAR” means Overseas Territories Aviation Requirements published by the Governor under article 152;

“Parascending parachute” means a parachute which is towed by cable in such a manner as to cause it to ascend;

“Passenger” means a person other than a member of the crew;

“Performance Class 1 operations” means flights where, in the event of the failure of a power unit, the helicopter will be able to safely continue the flight and land at an appropriate landing area unless the power unit failure recognition occurs during take-off at or prior to reaching the take-off decision point in which case the helicopter will be able to safely land back within the area from which it has taken off;

“Performance Class 2 operations” means flights where, in the event of the failure of a power unit, the helicopter will be able to safely continue the flight to an appropriate landing area or, where the failure occurs at a point during the take-off manoeuvre or the landing manoeuvre when it cannot do so, the helicopter will be able to carry out a forced landing;

“Performance Class 3 operations” means flights where, in the event of the failure of a power unit at any time during the flight, the helicopter will be required to carry out a forced landing;

“Period of duty” means the period between the commencement and end of a shift during which an air traffic controller performs, or could be called upon to perform, any of the functions specified in respect of a rating included in his licence;

“Pilot-in-command” in relation to an aircraft means the pilot designated by the operator as being in command and charged with the safe conduct of a flight, or, if no such designation has been made, the person who for the time being is in charge of piloting the aircraft without being under the direction of any other pilot in the aircraft;

“Precision approach” means an instrument approach using Instrument Landing System, Microwave Landing System or Precision Approach Radar for guidance in both azimuth and elevation;

“Prescribed” means prescribed by regulations made by the Governor under this Order, and the expression “prescribe” shall be construed accordingly;

“Pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

“Private flight” means a flight which is neither for the purpose of aerial work nor commercial air transport;

“Record” includes, in addition to a record in writing—

(a)

any disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom;

(b)

any film, tape or other device in which visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and

(c)

any photograph;

and any reference to a copy of a record includes, in the case of a record falling within paragraph (a) only of this definition, a transcript of the sounds or signals embodied therein, in the case of a record falling within paragraph (b) only of this definition, a still reproduction of the images embodied therein, and in the case of a record falling within both those paragraphs, such a transcript together with such a still reproduction;

“Reduced vertical separation minimum airspace” means any airspace between flight level 290 and flight level 410 inclusive designated by the relevant competent authority as being airspace within which a vertical separation minimum of 1000 feet or 300 metres shall be applied;

“Released flight” means flight by an uncontrollable balloon during which it is not attached to the surface by any form of restraining device;

“Replacement” in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it; but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;

“Requirements” means requirements published by the Governor under the provisions of article 152;

“Rules of the Air” means the rules in Schedule 8 and any supplementary rules made by the Governor under article 37(1);

“Runway visual range” in relation to a runway means the distance in the direction of take-off or landing over which the runway lights or surface markings may be seen from the touchdown zone as calculated by either human observation or instruments in the vicinity of the touchdown zone or where this is not reasonably practicable in the vicinity of the mid-point of the runway; and the distance, if any, communicated to the pilot-in-command of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;

“Safety management system” means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures;

“Scheduled journey” means one of a series of journeys that are undertaken between the same two places and which together amount to a systematic service;

“Seaplane” includes a flying boat and any other aircraft designed to manoeuvre on water;

“Sector” means part of the airspace controlled from an area control centre or other place;

“Small aircraft” means any unmanned aircraft, other than a balloon or a kite, weighing not more than 20 kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight;

“Small balloon” means a balloon not exceeding 2 metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon;

“Special VFR flight” means a flight which is a special VFR flight for the purposes of the Rules of the Air;

“Standard instrument arrival” means a designated IFR arrival route linking a significant point, normally on an air traffic service route, with a point from which an instrument approach procedure can be commenced;

“Standard instrument departure” means a designated IFR departure route linking the aerodrome or a specified runway at the aerodrome with a specified significant point, normally on a designated air traffic service route, at which the en-route phase of a flight commences;

“State of the operator” means the State in which the operator of an aircraft has his principal place of business (as defined in article 64(2)) or, if he has no such place of business, his permanent residence, in circumstances where—

(a)

that aircraft is registered in another Contracting State;

(b)

the operator is operating that aircraft under an agreement for its lease, charter or interchange or any similar arrangement;

(c)

the State in which the aircraft is registered has, by agreement with the State in which the operator of the aircraft has his principal place of business or, if he has no such place of business, his permanent residence, agreed to transfer to it its functions and duties as State of registry in respect of that aircraft in relation to, in the case of article 7(1), airworthiness, in the case of article 16(1), aircraft radio equipment, in the case of article 21(3), flight crew licensing or in the case of article 49(1), radio licensing; and

(d)

the agreement has been registered with the Council of the International Civil Aviation Organisation or the existence and scope of the agreement have been directly communicated to the Governor.

“Supreme Court” means the highest court exercising original jurisdiction in respect of the Territory;

“Task Specialist” means a member of the crew who is not part of the flight crew or cabin crew and who carries out duties on board the aircraft which are essential to the purpose of the flight;

“The Territory” has the meaning assigned to it by article 148 and includes the dependencies of the Territory and the adjacent territorial waters;

“Territory reduced vertical separation minimum airspace” means Territory airspace that has been notified as reduced vertical separation minimum airspace for the purposes of article 52;

“Tethered flight” means flight by a controllable balloon throughout which it is flown within limits imposed by a restraining device that attaches the balloon to the surface;

“Uncontrollable balloon” means a balloon, not being a small balloon, which is not capable of free controlled flight;

“Valuable consideration” means any right, interest, profit or benefit, forbearance, detriment, loss or responsibility accruing, given, suffered or undertaken under an agreement, which is of more than a nominal nature;

“VFR” means the Visual Flight Rules;

“Visual Flight Rules” means Visual Flight Rules prescribed by the Rules of the Air;

“Visual Meteorological Conditions” means weather that permits flight in accordance with the Visual Flight Rules;

“With the surface in sight” means with the flight crew being able to see sufficient surface features or surface illumination to enable the flight crew to maintain the aircraft in a desired attitude without reference to any flight instrument.

(2) In this Order references to sums expressed in terms of sterling shall be construed as references to the equivalent sums in the currency of the Territory calculated at such rate of exchange as may be prescribed or as the Governor may by order direct.

(3) (a) In its application to any Territory which is mentioned in Schedule 12 to this Order but is not mentioned in the First Schedule to the Visiting Forces Act (Application to Colonies) Order 1954(14), as amended from time to time, this Order shall have effect as if—

(i) the whole of paragraph (4) was omitted from article 145;

(ii) the words “or as a member of a visiting force” were omitted from paragraph (6) of article 145; and

(iii) in article 104 paragraph (2) the words “or of any visiting force” were omitted from the definition of “Government aerodrome”.

(b) In relation to any Territory which is mentioned in Schedule 12 and is also mentioned in the First Schedule to the Visiting Forces Act (Application to Colonies) Order 1954, as amended from time to time, the expression “visiting force” in this Order means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952)(15), which extend to that Territory, in respect of that country, by virtue of any Order in Council made under section 1(2) or under section 15 of that Act.

(4) An aircraft shall be deemed to be in flight—

(a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power until the moment when it next comes to rest after landing;

(b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;

(c) in the case of an airship, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;

(d) in the case of a free balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface until the moment it next comes to rest thereon; and

(e) in the case of a captive balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface, apart from a restraining device attaching it to the surface, until the moment when it next comes to rest thereon;

and the expressions “a flight” and “to fly” shall be construed accordingly.

(5) For the purposes of the application of any provision of this Order in relation to any particular aircraft, “Operator” means—

(a) the person who at the particular time has management of an aircraft, and

(b) when the aircraft is chartered, hired, leased or loaned, responsibility for airworthiness and equipment passes immediately to the charterer, hirer, lessee or borrower; except

(c) when a person other than an air transport undertaking or an aerial work undertaking has chartered, hired, leased or borrowed the aircraft for a period not exceeding 14 days he shall not be considered to be the operator.

(6) The expressions appearing in the general classification of aircraft set forth in Schedule 2 shall have the meanings thereby assigned to them.

(7) A power to make regulations under this Order shall include the power to make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of the Territory and to make such incidental and supplementary provisions and give instructions as are necessary or expedient for carrying out the purposes of the Order.

(8) (a) Any power conferred by this Order to issue, make, serve or grant any instrument shall be construed as including a power exercisable, in the like manner and subject to the like conditions, if any, to vary, revoke, cancel or otherwise terminate the instrument.

(b) In this paragraph “instrument” includes any regulations, direction, instruction, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, authorisation, log book record or other document.

Commercial air transport and aerial work – general rules

157.—(1) Aerial work means any purpose (other than commercial air transport) for which an aircraft is flown if valuable consideration is given or promised in respect of the flight or the purpose of the flight.

(2) If the only such valuable consideration consists of remuneration for the services of the pilot the flight shall be deemed to be a private flight for the purposes of Part II.

(3) An aircraft in flight shall for the purposes of this Order be deemed to fly for the purposes of commercial air transport—

(a) if valuable consideration is given or promised for the carriage of passengers or cargo in the aircraft on that flight;

(b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors) and persons with the authority of the Governor either making any inspection or witnessing any training, practice or test for the purposes of this Order, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or

(c) for the purposes of Part II (other than articles 15(2) and 16(2)), if valuable consideration is given or promised for the primary purpose of conferring on a particular person the right to fly the aircraft on that flight (not being a single-seat aircraft of which the maximum total weight authorised does not exceed 910 kg) otherwise than under a hire-purchase or conditional sale agreement.

(4) Notwithstanding that an aircraft may be flying for the purpose of commercial air transport by reason of paragraph (3)(c), it shall not be deemed to be flying for the purpose of the commercial air transport of passengers unless valuable consideration is given for the carriage of those passengers.

(5) A glider shall not be deemed to fly for the purpose of commercial air transport for the purposes of Part II by virtue of paragraph (3)(c) if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club.

(6) Notwithstanding the giving or promising of valuable consideration specified in sub-paragraph (3)(c) in respect of the flight or the purpose of the flight it shall—

(a) subject to sub-paragraph (b), for all purposes other than Part II; and

(b) for the purposes of articles 15(2) and 16(2);

be deemed to be a private flight.

(7) Where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in or is given the right to fly an aircraft in such circumstances that valuable consideration would be given or promised if the transaction were effected otherwise than aforesaid, valuable consideration shall, for the purposes of this Order, be deemed to have been given or promised, notwithstanding any rule of law as to such transactions.

(8) For the purposes of paragraph (3)(a), there shall be disregarded any valuable consideration given or promised in respect of a flight or the purpose of a flight by one company to another company which is—

(a) its holding company,

(b) its subsidiary; or

(c) another subsidiary of the same holding company.

(9) For the purposes of this article “holding company” and “subsidiary” have the meanings respectively specified in Section 736 of the Companies Act 1985(16).

Commercial air transport and aerial work – exception for flying displays etc.

158.—(1) A flight shall, for the purposes of Part III of this Order, be deemed to be a private flight if—

(a) the flight is—

(i) wholly or principally for the purpose of taking part in an aircraft race, contest or flying display;

(ii) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (i) and is made with the intention of carrying out such a flight; or

(iii) for the purpose of returning after such a flight as is specified in sub-paragraph (i) to a place at which the aircraft is usually based; and

(b) the only valuable consideration in respect of the flight or the purpose of the flight other than—

(i) valuable consideration specified at article 157(3)(c), or

(ii) in the case of an aircraft owned in accordance with article 162(2), valuable consideration which falls within article 162 (3);

falls within paragraph (2)(a) or (2)(b) or both.

(2) Valuable consideration falls within this paragraph if it either is—

(a) that given or promised to the owner or operator of an aircraft taking part in such a race, contest or flying display and such valuable consideration does not exceed the direct costs of the flight and a contribution to the annual costs of the aircraft which contribution shall bear no greater proportion to the total annual costs of the aircraft than the duration of the flight bears to the annual flying hours of the aircraft; or

(b) one or more prizes awarded to the pilot-in-command of an aircraft taking part in an aircraft race or contest to a value which shall not exceed £500 in respect of any one race or contest except with the permission in writing of the Governor granted to the organiser of the race or contest which permission may be granted subject to such conditions as the Governor thinks fit.

(3) Any prize falling within paragraph (2)(b) shall be deemed for the purposes of this Order not to constitute remuneration for services as a pilot.

Commercial air transport and aerial work – exception for charity flights

159.—(1) A flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than—

(a) valuable consideration specified at article 157(3)(c); or

(b) in the case of an aircraft owned in accordance with article 162(2), valuable consideration which falls within article 162(3);

is given or promised to a registered charity which is not the operator of the aircraft and the flight is made with the permission in writing of the Governor and in accordance with any conditions therein specified.

(2) If valuable consideration specified at article 157(3)(c) is given or promised the flight shall for the purposes of Part II of this order (other than articles 15(2) and 16(2)) be deemed to be for the purposes of commercial air transport.

Commercial air transport and aerial work – exception for cost sharing

160.—(1) A flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within paragraph (2) and the criteria in paragraph (3) are satisfied.

(2) Valuable consideration falls within this paragraph if it is—

(a) valuable consideration specified at article 157(3)(c);

(b) in the case of an aircraft owned in accordance with article 162(2), valuable consideration which falls within article 162(3); or

(c) a contribution to the direct costs of the flight otherwise payable by the pilot-in-command;

or falls within any two or all three sub-paragraphs.

(3) The criteria in this paragraph are satisfied if—

(a) no more than 4 persons (including the pilot) are carried on such a flight;

(b) the proportion which the contribution referred to in paragraph (2)(c) bears to the total direct costs of the flight shall not exceed the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried on the flight (including the pilot);

(c) no information concerning the flight shall have been published or advertised prior to the commencement of the flight other than, in the case of an aircraft operated by a flying club, advertising wholly within the premises of such a flying club in which case all the persons carried on such a flight who are aged 18 years or over shall be members of that flying club; and

(d) no person acting as a pilot on such a flight shall be employed as a pilot by or be a party to a contract for the provision of services as a pilot with the operator of the aircraft being flown on the flight.

(4) If valuable consideration specified in article 157(3)(c) is given or promised the flight shall for the purposes of Part II of this Order (other than articles 15(2) and 16(2)) be deemed to be for the purposes of commercial air transport.

Commercial air transport and aerial work – exception for recovery of direct costs

161.—(1) A flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than—

(a) valuable consideration specified in article 157(3)(c); or

(b) in the case of an aircraft owned in accordance with article 162(2), valuable consideration which fails within article 162(3);

is the payment of the whole or part of the direct costs otherwise payable by the pilot-in-command by or on behalf of the employer of the pilot-in-command, or by or on behalf of a body corporate of which the pilot-in-command is a director, provided that neither the pilot-in-command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried.

(2) If valuable consideration specified in article 157(3)(c) is given or promised the flight shall for the purposes of Part II of this Order (other than articles 15(2) and 16(2)) be deemed to be for the purposes of commercial air transport.

Commercial air transport and aerial work – exception for jointly owned aircraft

162.—(1) A flight shall be deemed to be a private flight if the aircraft falls within paragraph (2) and the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within paragraph (3).

(2) An aircraft falls within this paragraph if it is owned—

(a) jointly by persons (each of whom is a natural person) who each hold not less than a 5% beneficial share and—

(i) the aircraft is registered in the names of all the joint owners; or

(ii) the aircraft is registered in the name or names of one or more of the joint owners as trustee or trustees for all the joint owners, and written notice has been given to the Governor of the names of all the persons beneficially entitled to a share in the aircraft; or

(b) by a company in the name of which the aircraft is registered and the registered shareholders of which (each of whom is a natural person) each hold not less than 5% of the shares in that company.

(3) Valuable consideration falls within this paragraph if it is either—

(a) in respect of and is no greater than the direct costs of the flight and is given, or promised by one or more of the joint owners of the aircraft or registered shareholders of the company which owns the aircraft; or

(b) in respect of the annual costs and given by one or more of such joint owners or shareholders (as aforesaid);

or falls within both sub-paragraphs (a) and (b).

Commercial air transport and aerial work – parachuting

163.  A flight shall be deemed to be for the purpose of aerial work if it is a flight in respect of which valuable consideration has been given or promised for the carriage of passengers and which is for the purpose of—

(a) the dropping of persons by parachute and which is made under and in accordance with the terms of a written permission granted by the Governor under article 82;

(b) positioning the aircraft for such a flight as is specified in sub-paragraph (a) and which is made with the intention of carrying out such a flight and on which no person is carried who it is not intended shall be carried on such a flight and who may be carried on such a flight in accordance with the terms of a written permission granted by the Governor under article 82; or

(c) returning after such a flight as is specified in sub-paragraph (a) hereof to the place at which the persons carried on such a flight are usually based and on which flight no persons are carried other than persons carried on the flight specified in sub-paragraph (a).

Saving

164.—(1) Subject to the provisions of articles 105 and 108, nothing in this Order or any regulations made hereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.

(2) Nothing in this Order shall oblige the Governor to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the granting of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.

Judith Simpson

Clerk of the Privy Council