24.—(1) This article applies to public transport aircraft, wherever registered.
(2) An aircraft to which this article applies shall not fly in or over the Isle of Man unless the operator has made available to the flight crew, aerodrome operating minima which 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)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.
(5) An aircraft to which this article applies shall not take off from or land at an aerodrome in the Isle of Man in contravention of the specified aerodrome operating minima.
(6) Without prejudice to 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 1,000 feet or more above the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.
(7) Without prejudice to 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 of less than 200 metres but not less than 75 metres.
25.—(1) This article applies to any aircraft which is not a public transport aircraft.
(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 Isle of Man, the approval referred to in paragraph (2) shall be issued by the Department.
(4) Without prejudice to 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 1,000 feet or more above the aerodrome to a height less than 1,000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.
(5) Without prejudice to 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 on such a runway 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.
(6) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air Regulations 1996(1) to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
(7) In this article “specified” in relation to aerodrome operating minima means such 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 aerodrome operating minima.
(8) In this article Category II, Category IIIA and Category IIIB approach and landing have the same meaning as in article 24(8).
26.—(1) The commander of a flying machine or glider registered in the Isle of Man 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 commander shall cause both pilots to remain at the controls during take-off and landing.
(3) 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 14 and Schedule 3 to be provided.
27. The commander of an aircraft registered in the Isle of Man shall take all reasonable steps to 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)either that—
(i)the equipment 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)the flight may commence under and in accordance with the terms of a permission granted to the operator under article 16;
(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;
(f)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
(g)that any pre-flight check system established by the aircraft manufacturer has been complied with by each member of the crew of the aircraft.
28. The commander of an aircraft registered in the Isle of Man 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.
29.—(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) Subject to paragraph (3), 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—
(a)may be discontinued or continued on another frequency if a message from an appropriate aeronautical radio station 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 Isle of Man, 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 communication 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 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).
30.—(1) An aircraft registered in the Isle of Man shall not fly in North Atlantic Minimum Navigation Performance Specification airspace unless it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability.
(2) The equipment required by paragraph (1) must —
(a)be approved by the Department;
(b)be installed in a manner approved by the Department;
(c)be maintained in a manner approved by the Department; and
(d)while the aircraft is flying in the said airspace, be operated in accordance with procedures approved by the Department.
31.—(1) Unless otherwise authorised by the appropriate air traffic control unit, an aircraft registered in the Isle of Man shall not fly in reduced vertical separation minimum airspace notified for the purpose of this article, 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 Department;
(b)be installed in a manner approved by the Department;
(c)be maintained in a manner approved by the Department; and
(d)while the aircraft is flying in the said airspace, be operated in accordance with procedures approved by the Department.
32.—(1) Subject to paragraph (3) an aircraft registered in the Isle of Man shall not fly in designated required navigation performance airspace unless it is equipped with area navigation equipment which enables the aircraft to maintain the navigation performance capability specified in respect of that airspace.
(2) The equipment required by paragraph (1) shall—
(a)be approved by the Department;
(b)be installed in a manner approved by the Department;
(c)be maintained in a manner approved by the Department; and
(d)while the aircraft is flying in the said airspace, be operated in accordance with procedures approved by the Department.
(3) An aircraft need not comply with the requirements of paragraph (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.
33. On any flight on which an airborne collision avoidance system is required by article 15 and Schedule 4 to be carried in an aeroplane, the system shall be operated—
(a)in the case of an aircraft registered in the Isle of Man, in accordance with procedures which are suitable having regard to the purposes of the equipment; and
(b)in the case of an aircraft which is registered elsewhere than in the Isle of Man, in accordance with any procedures with which it is required to comply under the law of the country in which the aircraft is registered.
34.—(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 by paragraph 5(7) of Schedule 3 to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of the landing run.
(2) The operator of the aeroplane shall at all times, subject to article 52, preserve—
(a)the last 25 hours of recording made by any flight data recorder required by or under this Order to be carried in an aeroplane; and
(b)a record of not less than one representative flight, that is to say, a recording of a flight made within the last 12 months which includes a take-off, climb, cruise, descent, approach to landing and landing, together with a means of identifying the record with the flight to which it relates;
and shall preserve such records for such period as the Department may in a particular case direct.
(3) On any flight on which a cockpit voice recorder, a flight data recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 5(6) of Schedule 3 to be carried in a helicopter, it shall always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped.
(4) The operator of a helicopter shall at all times, subject to article 52, preserve, in the case of a combined cockpit voice recorder/flight data recorder specified in paragraph (3) of Scale SS of paragraph 6 of Schedule 3 and required by or under this Order to be carried in the helicopter, either—
(a)the last 8 hours of recording; or
(b)the last 5 hours of recording or the duration of the last flight, whichever is the greater, together with an additional period of recording for either—
(i)the period immediately preceding the last five hours of recording or the duration of the last flight, whichever is the greater; or
(ii)such period or periods as the Department may permit in any particular case or class of cases or generally.
(5) The additional recording retained under paragraph (4)(b)(i) and (ii) shall, together with the recording required to be retained under paragraph (4)(b), total a period of 8 hours and shall be retained in accordance with arrangements approved by the Department.
35.—(1) Subject to paragraph (4), an aircraft shall not carry any munition of war unless—
(a)such munition of war is carried with the permission of the Department; and
(b)the commander 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 Department.
(2) 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.
(3) 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.
(4) 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 Isle of Man 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.
(5) 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.
36.—(1) This article applies to regulations made or having effect as if made under article 70 of the Air Navigation Order 2005(2) and applied to the Isle of Man under section 11 of the Airports and Civil Aviation Act 1987 (an Act of Tynwald).
(2) It shall be an offence to contravene or permit the contravention of or fail to comply with any regulations to which this article applies.
(3) The provisions of this article and of any regulations to which this article applies shall be additional to and not in derogation from article 35.
37.—(1) A person shall not—
(a)subject to paragraph (2), 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.
38. A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein.
39. A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property.
40.—(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 drink or a drug to such an extent as to impair his capacity so to act.
41.—(1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in the Isle of Man so as to be visible from each passenger seat therein.
(2) A person shall not smoke in any compartment of an aircraft registered in the Isle of Man at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.
42. Every person in an aircraft shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.
43. 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.
44. A person shall not secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander or of any other person entitled to give consent to his being carried in the aircraft.