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The Air Navigation (Isle of Man) Order 2007

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Article 3

SCHEDULE 1Classification and marking of aircraft and dealer certification

PART AClassification of aircraft

Column 1Column 2Column 3Column 5
{Free balloon
{Non-power driven{
{Lighter-{{Captive balloon
{than-air{
{Aircraft{
{{Power driven-Airship
{
{
Aircraft{{Glider
{{Non-power driven{
{{{Kite
{{
{{
{Heavier-{{Aeroplane (Landplane)
{than-air{{
{aircraft{{Aeroplane (Seaplane)
{{
{{Aeroplane (Amphibian)
{Power driven{
{(flying machines)

{

{

Aeroplane (Self-launching motor glider)
{
{Powered lift (tilt rotor)
{{Helicopter
{Rotorcraft{
{Gyroplane

PART BNationality and registration marks of aircraft registered in the Isle of Man

General

1.—(1) The nationality mark of the aircraft shall be the capital letter “M” in Roman character and the registration mark shall be a group of four capital letters in Roman character assigned by the Department on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.

(2) The nationality and registration marks shall be displayed to the best advantage, taking into consideration the constructional features of the aircraft and shall always be kept clean and visible.

(3) The letters constituting each group of marks shall be of equal height and they, and the hyphen, shall all be of the same single colour which shall clearly contrast with the background on which they appear.

(4) The nationality and registration marks shall also be inscribed on a fire-proof metal plate affixed in a prominent position on the fuselage.

(5) The nationality and registration marks shall be painted on the aircraft, or shall be affixed thereto by any other means ensuring a similar degree of permanence, in the manner specified in paragraphs 2 and 3 of this Part.

Position and size of marks

2.  The position and size of marks on heavier than air aircraft (excluding kites) shall be as follows—

(a)on the horizontal surfaces of the wings—

(i)on aircraft having a fixed wing surface, the marks shall appear on the lower surface of the wing structure and shall be on the port wing unless they extend across the whole surface of both wings. So far as is possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing;

(ii)the height of the letters shall be—

(aa)subject to sub-paragraph (bb), at least 50 centimetres;

(bb)if the wings are not large enough for the marks to be 50 centimetres in height, marks of the greatest height practicable in the circumstances;

(b)on the fuselage (or equivalent structure) and vertical tail surfaces—

(i)the marks shall also appear either—

(aa)on each side of the fuselage (or equivalent structure), and shall, in the case of fixed wing aircraft be located between the wings and the horizontal tail surface; or

(bb)on the vertical tail surfaces;

(ii)when located on a single vertical tail surface, the marks shall appear on both sides. When located on multi-vertical tail surfaces, the marks shall appear on the outboard sides of the outer-surfaces. Subject to sub-paragraphs (iv) and (v), the height of the letters constituting each group of marks shall be at least 30 centimetres;

(iii)if one of the surfaces authorised for displaying the required marks is large enough for those marks to be 30 centimetres in height (whilst complying with sub-paragraph (v)) and the other is not, marks of 30 centimetres in height shall be placed on the largest authorised surface;

(iv)if neither authorised surface is large enough for marks of 30 centimetres in height (whilst complying with sub-paragraph (v)), marks of the greatest height practicable in the circumstances shall be displayed on the larger of the two authorised surfaces;

(v)marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 centimetres along each side of the vertical tail surface;

(vi)on rotary wing aircraft where owing to the structure of the aircraft the greatest height practicable for the marks on the side of the fuselage (or equivalent structure) is less than 30 centimetres, the marks shall also appear on the lower surface of the fuselage as close to the line of symmetry as is practicable, and shall be placed with the tops of the letters towards the nose. The height of the letters constituting each group of marks shall be—

(aa)subject to sub-paragraph (bb), at least 50 centimetres; or

(bb)if the lower surface of the fuselage is not large enough for the marks to be of 50 centimetres in height, marks of the greatest height practicable in the circumstances;

(c)wherever in this paragraph marks of the greatest height practicable in the circumstances are required, that height shall be such as is consistent with compliance with paragraph 3 of this Part.

Width, spacing and thickness of marks

3.—(1) For the purposes of this paragraph—

(a)“standard letter” means any letter other than the letters I, M and W;

(b)the width of each standard letter and the length of the hyphen between the nationality mark and the registration mark shall be two thirds of the height of a letter;

(c)the width of the letters M and W shall be neither less than two thirds of their height nor more than their height; and

(d)the width of the letter I shall be one sixth of the height of the letter.

(2) The thickness of the lines comprising each letter and hyphen shall be one sixth of the height of the letters forming the marks.

(3) Each letter and hyphen shall be separated from the letter or hyphen which it immediately precedes or follows by a space equal to either one quarter or one half of the width of a standard letter. Each such space shall be equal to every other such space within the marks.

PART CConditions in aircraft dealer’s certificate

The conditions in an aircraft dealer’s certificate shall be as follows—

(1) The operator of the aircraft shall be the registered owner of the aircraft, who shall be the holder of an aircraft dealer’s certificate granted under this Order.

(2) The aircraft shall fly only for the purpose of—

(a)testing the aircraft;

(b)demonstrating the aircraft with a view to the sale of that aircraft or of other similar aircraft;

(c)proceeding to or from a place at which the aircraft is to be tested or demonstrated as aforesaid, or overhauled, repaired or modified;

(d)delivering the aircraft to a person who has agreed to buy, lease or sell it; or

(e)proceeding to or from a place for the purpose of storage.

(3) Without prejudice to article 27 the operator of the aircraft shall satisfy himself before the aircraft takes off that the aircraft is in every way fit for the intended flight.

(4) The aircraft shall fly only within the Isle of Man.

Article 68

SCHEDULE 2A and B Conditions

A Conditions

1.—(1) An aircraft registered in the Isle of Man may fly for a purpose set out in paragraph (2) subject to the conditions contained in paragraphs (3) to (8) when either:

(a)it does not have a certificate of airworthiness duly issued or rendered valid under the law of the Isle of Man; or

(b)the certificate of airworthiness or certificate of validation issued in respect of the aircraft has ceased to be in force by virtue of any of the matters specified in article 8.

(2) The purposes referred to in paragraph (1) are—

(a)in the case of an aircraft falling within paragraph (1)(a) the aircraft shall fly only so as to enable it to—

(i)qualify for the issue, renewal or validation of a certificate of airworthiness after an application has been made for such issue, renewal or validation as the case may be, or carry out a functional check of a previously approved modification of the aircraft (and for the purpose of this Schedule “a previously approved modification” shall mean a modification which has previously been approved by the Department or by an organisation approved for that purpose by the Department in respect of that aircraft or another aircraft of the same type);

(ii)proceed to or from a place at which any inspection, repair, modification, maintenance, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place or has taken place for a purpose referred to in sub-paragraph (i), after any relevant application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or

(iii)proceed to or from a place at which the aircraft is to be or has been stored.

(b)in the case of an aircraft falling within paragraph (1)(b), the aircraft shall fly only so as to enable it to—

(i)proceed to a place at which any inspection or maintenance required by virtue of article 8(b)(ii) is to take place; or

(ii)proceed to a place at which any inspection, maintenance or modification required by virtue of article 8(b)(i) or (c) is to take place and in respect of which flight the Department has given permission in writing; or

(iii)carry out a functional check, test or in-flight adjustment in connection with the carrying out in a manner approved by the Department of any overhaul, repair, previously approved modification, inspection or maintenance required by virtue of article 8.

(3) The aircraft, including any modifications, shall be of a design which previously has been approved by the Department, or by an organisation approved for that purpose by the Department, as being compliant with a standard accepted by the Department as appropriate for the issue of a certificate of airworthiness.

(4) The aircraft and its engines shall be certified as fit for flight by the holder of an aircraft maintenance engineer’s licence rendered valid under this Order, being a licence which entitles him to issue that certificate or by a person approved by the Department for the purpose of issuing certificates under this condition, and in accordance with that approval.

(5) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation or flight manual which has previously been in force under the Order in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design.

(6) The aircraft shall not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose referred to in paragraph (2).

(7) The aircraft shall not fly over any congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off or land.

B Conditions

2.—(1) An aircraft may fly for a purpose set out in paragraph (2) subject to the conditions set out in paragraphs (3) to (8) whether or not it is registered in accordance with article 2(1) and when there is not in force—

(a)in the case of an aircraft which is so registered, a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered; or

(b)in the case of an aircraft which is not so registered, either a certificate of airworthiness duly issued or rendered valid under the law of the Isle of Man or a permit to fly issued by the Department in respect of that aircraft.

(2) The purposes referred to in paragraph (1) are—

(a)experimenting with or testing the aircraft (including any engines installed thereon) or any equipment installed or carried in the aircraft;

(b)enabling the aircraft to qualify for the issue or validation of a certificate of airworthiness or the approval of a modification of the aircraft or the issue of a permit to fly;

(c)demonstrating and displaying the aircraft, any engines installed thereon or any equipment installed or carried in the aircraft with a view to its sale or of other similar aircraft, engines or equipment;

(d)demonstrating and displaying the aircraft to employees of the operator;

(e)the giving of flying training to or the testing of flight crew employed by the operator or the training or testing of other persons employed by the operator and who are carried or are intended to be carried under paragraph (7)(a); or

(f)proceeding to or from a place at which any experiment, inspection, repair, modification, maintenance, approval, test or weighing of the aircraft, the installation of equipment in the aircraft, demonstration, display or training is to take place for a purpose referred to in sub-paragraph (a), (b), (c), (d) or (e) or at which installation of furnishings in, or the painting of, the aircraft is to be undertaken.

(3) The flight shall be operated by a person approved by the Department for the purposes of these Conditions and subject to any additional conditions which may be specified in such an approval.

(4) If not registered in the Isle of Man the aircraft shall be marked in a manner approved by the Department for the purposes of these Conditions, and articles 15, 17, 27, 29, 48 and 50 shall be complied with in relation to the aircraft as if it were registered in the Isle of Man.

(5) If not registered in the Isle of Man, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.

(6) No person shall act as pilot in command of the aircraft except a person approved for the purpose by the Department.

(7) The aircraft shall not carry any cargo, or any persons other than the flight crew except the following—

(a)persons employed by the operator who during the flight carry out duties or are tested or receive training in connection with a purpose specified in paragraph (2);

(b)persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft for carrying out during the flight duties in connection with a purpose so specified;

(c)persons approved by the Department under article 70 as qualified to furnish reports for the purposes of article 7;

(d)persons other than those carried under the preceding provisions of this paragraph who are carried in the aircraft in order to carry out a technical evaluation of the aircraft or its operation;

(e)cargo which comprises equipment carried in connection with a purpose specified in paragraph (2)(f); or

(f)persons employed by the operator or persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft in connection with a purpose specified in paragraph (2)(f) which persons have duties in connection with that purpose.

(8) The aircraft shall not fly, except in accordance with procedures which have been approved by the Department in relation to that flight, over any congested area of a city, town or settlement.

Article 12

SCHEDULE 3Aircraft equipment

1.  Every aircraft of a description specified in the first column of the Table in paragraph 5 of this Schedule and which is registered in the Isle of Man shall be provided, when flying in the circumstances specified in the second column of the said Table, with adequate equipment, and for the purpose of this paragraph the expression “adequate equipment” shall mean, subject to paragraph 2, the scales of equipment respectively indicated in the third column of that Table.

2.—(1) If the aircraft is flying in a combination of such circumstances, the scales of equipment shall not on that account be required to be duplicated.

(2) The equipment carried in an aircraft as being necessary for the airworthiness of the aircraft shall be taken into account in determining whether this Schedule is complied with in respect of that aircraft.

3.—(1) For the purposes of the Table in paragraph 5, flying time in relation to a helicopter or gyroplane shall be calculated on the assumption that it is flying in still air at the speed specified in the relevant flight manual as the speed for compliance with regulations governing flights over water.

(2) In this Schedule “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.

4.  The following items of equipment shall not be required to be of a type approved by the Department —

(a)the equipment referred to in Scale A (2);

(b)first aid equipment and handbook, referred to in Scale A;

(c)time-pieces, referred to in Scale F;

(d)torches, referred to in Scales G, H, K and Z;

(e)whistles, referred to in Scale H;

(f)sea anchors, referred to in Scales J and K;

(g)rocket signals, referred to in Scale J;

(h)equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale J;

(i)paddles, referred to in Scale K;

(j)food and water, referred to in Scales K, U and V;

(k)first aid equipment, referred to in Scales K, U and V;

(l)stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic suits, referred to in Scale V;

(m)megaphones, referred to in Scale Y.

5.  Table

Description of AircraftCircumstances of FlightScale of Equipment Required
(1) Aeroplanesflying for purposes other than public transport; andA(1) and (2) and B(1), (2), (3), (4), (5) and (6)
(i) when flying by nightC and D
(ii) when flying under Instrument Flight Rules;
(aa) outside controlled airspaceD
(bb) within Class A, B or C airspaceE with E(4) duplicated and F
(cc) within Class D and E airspaceE and F
(iii) when carrying out aerobatic manoeuvresB(8) and (9)
(2) Private aeroplanes for which an individual certificate of airworthiness was first issued on or after 1st June 1990 and which have a maximum total weight authorised exceeding 27,000 kg.when flying on any flightS(6)
(3) Aeroplanes which are powered by one or more turbine jets or one or more turbine propeller engines and which have a maximum total weight authorised exceeding 5,700 kg or with a maximum approved passenger seating configuration of more than 9;
(a) in respect of which there is in force a certificate of airworthiness except any such aeroplanes as come within sub-paragraph (b); orwhen flying for purposes other than public transportX(1) or X(2)
(b) in respect of which there is in force a certificate of airworthiness and which have equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water installed before 1st April 2000when flying for purposes other than public transport on or after 1st January 2007X(1) or X(2)
(4) Aeroplanes;
(a) powered by one or more turbine jetswhen flying on any flightAA
(b) powered by one or more turbine propeller engines and having a maximum total weight authorised exceeding 5,700 kg and issued with a certificate of airworthiness in the Isle of Manwhen flying on any flightAA
(5) Helicopters and Gyroplanesflying for purposes other than public transport; andA(1) and (2) and B(1), (2), (3), (4), (5) and (6)
(i) when flying by day under Visual Flight Rules with visual ground reference;D
(ii) when flying by day under Instrument Flight Rules or without visual ground reference;
(aa) outside controlled airspaceE with E(2) duplicated
(bb) within controlled airspaceE with both E(2) and E(4) duplicated and F with F(4) for all weights
(iii) when flying at night;
(aa) with visual ground referenceC, E, G(3) and G(5) and (6)
(bb) without visual ground reference outside controlled airspaceC, E with E(2) duplicated, G(3), (5) and (6)
(cc) without visual ground reference within controlled airspaceC, E with both E(2) and E(4) duplicated, F with F(4) for all weights, G(3), (5) and (6)
(6) Helicopters and Gyroplanes;
(i) which have a maximum total weight authorised exceeding 2,730 kg but not exceeding 7,000 kg or with a maximum approved passenger seating configuration of more than 9 or bothwhen flying on any flightSS(1) or (3)
(ii) which have a maximum total weight authorised exceeding 7,000 kgwhen flying on any flightSS(2) or (3)

6.  The scales of equipment indicated in the foregoing Table shall be as follows—

  • Scale A

    (1)

    Spare fuses for all electrical circuits the fuses of which can be replaced in flight, consisting of 10 per cent of the number of each rating or three of each rating, whichever is the greater.

    (2)

    Maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under this Order, for the intended flight of the aircraft including any diversion which may reasonably be expected.

    (3)

    First aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following—

    (a)

    roller bandages;

    (b)

    triangular bandages;

    (c)

    adhesive plaster;

    (d)

    absorbent gauze or wound dressings;

    (e)

    cotton wool or wound dressings;

    (f)

    burn dressings;

    (g)

    safety pins;

    (h)

    haemostatic bandages or tourniquets;

    (i)

    scissors;

    (j)

    antiseptic;

    (k)

    analgesic and stimulant drugs;

    (l)

    splints, in the case of aeroplanes the maximum total weight authorised of which exceeds 5,700 kg;

    (m)

    a handbook on first aid.

  • Scale AA

    (1)

    Subject to sub-paragraph (2), an altitude alerting system capable of alerting the pilot upon approaching a preselected altitude in either ascent or descent, by a sequence of visual and aural signals in sufficient time to establish level flight at that preselected altitude and when deviating above or below that preselected altitude, by a visual and an aural signal.

    (2)

    If the system becomes unserviceable, the aircraft may fly or continue to fly, until it first lands at a place at which it is reasonably practicable for the system to be repaired or replaced.

  • Scale B

    (3)

    If the maximum total weight authorised of the aircraft is 2,730 kg or less, for every pilot’s seat and for any seat situated alongside a pilot’s seat, either a safety belt with one diagonal shoulder strap or a safety harness, or with the permission of the Department, a safety belt without a diagonal shoulder strap which permission may be granted if the Department is satisfied that it is not reasonably practicable to fit a safety belt with one diagonal shoulder strap or a safety harness.

    (4)

    If the maximum total weight authorised of the aircraft exceeds 2,730 kg, either a safety harness for every pilot’s seat and for any seat situated alongside a pilot’s seat, or with the permission of the Department, a safety belt with one diagonal shoulder strap which permission may be granted if the Department is satisfied that it is not reasonably practicable to fit a safety harness.

    (5)

    For every seat in use (not being a seat referred to in paragraphs (1), (2) and (5)) a safety belt with or without one diagonal shoulder strap or a safety harness.

    (6)

    In addition, and to be attached to or secured by the equipment required in paragraph (3) above, a child restraint device for every child under the age of two years on board.

    (7)

    On all flights in aeroplanes in respect of which a certificate of airworthiness was first issued on or after 1st February 1989, the maximum total weight authorised of which does not exceed 5,700 kg but with a maximum approved passenger seating configuration of more than 9, (otherwise than in seats referred to under paragraph (1) or (2)), a safety belt with one diagonal shoulder strap or a safety harness for each seat intended for use by a passenger.

    (8)

    If the commander cannot, from his own seat, see all the passengers’ seats in the aircraft, a means of indicating to the passengers that seat belts should be fastened.

    (9)

    Subject to paragraph (7), a safety harness for every seat in use.

    (10)

    In the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the Department may permit a safety belt with one diagonal shoulder strap to be fitted if it is satisfied that such restraint is sufficient for the carrying out of erect spinning in that aircraft and that it is not reasonably practicable to fit a safety harness in that aircraft.

  • Scale C

    (1)

    Equipment for displaying the lights required by the Rules of the Air Regulations 1996.

    (2)

    Electrical equipment, supplied from the main source of supply in the aircraft, to provide sufficient illumination to enable the flight crew properly to carry out their duties during flight.

    (3)

    Unless the aircraft is equipped with radio, devices for making the visual signal specified in the Rules of the Air Regulations 1996 as indicating a request for permission to land.

  • Scale D

    (1)

    In the case of a helicopter or gyroplane, a slip indicator.

    (2)

    In the case of any other flying machine either—

    (a)

    a turn indicator and a slip indicator; or

    (b)

    a gyroscopic bank and pitch indicator and a gyroscopic direction indicator.

    (3)

    A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the commander of the aircraft indicate is likely to be encountered during the intended flight.

  • Scale E

    (4)

    In the case of—

    (a)

    a helicopter or gyroplane, a slip indicator;

    (b)

    any other flying machine, a slip indicator and either a turn indicator or, at the option of the operator, an additional gyroscopic bank and pitch indicator.

    (5)

    A gyroscopic bank and pitch indicator.

    (6)

    A gyroscopic direction indicator.

    (7)

    A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the commander of the aircraft indicate is likely to be encountered during the intended flight.

  • Scale F

    (1)

    A timepiece indicating the time in hours, minutes and seconds.

    (2)

    A means of indicating whether the power supply to the gyroscopic instrument is adequate.

    (3)

    A rate of climb and descent indicator.

    (4)

    A means of indicating in the flight crew compartment the outside air temperature calibrated in degrees celsius.

    (5)

    If the maximum total weight authorised of the aircraft exceeds 5,700 kg two air speed indicators.

  • Scale G

    (1)

    In the case of an aircraft other than a helicopter or gyroplane landing lights consisting of 2 single filament lamps, or one dual filament lamp with separately energised filaments.

    (2)

    An electrical lighting system to provide illumination in every passenger compartment.

    (3)

    Either—

    (a)

    one electric torch for each member of the crew of the aircraft; or

    (b)

    one electric torch—

    (i)

    for each member of the flight crew of the aircraft; and

    (ii)

    affixed adjacent to each floor level exit intended for the disembarkation of passengers whether normally or in an emergency, provided that such torches shall—

    (aa)

    be readily accessible for use by the crew of the aircraft at all times; and

    (bb)

    number in total not less than the minimum number of members of the cabin crew required to be carried with a full passenger complement.

    (4)

    In the case of an aircraft other than a helicopter or gyroplane of which the maximum total weight authorised exceeds 5,700 kg, means of observing the existence and build up of ice on the aircraft.

    (5)

    In the case of a helicopter carrying out Performance Class 1 or 2 operations or a gyroplane in respect of which there is in force a certificate of airworthiness designating the gyroplane as being of performance group A, either—

    (a)

    2 landing lights both of which are adjustable so as to illuminate the ground in front of and below the helicopter or gyroplane and one of which is adjustable so as to illuminate the ground on either side of the helicopter or gyroplane; or

    (b)

    one landing light or, if the maximum total weight authorised of the helicopter or gyroplane exceeds 5,700 kg, one dual filament landing light with separately energised filaments, or 2 single filament lights, each of which is adjustable so as to illuminate the ground in front of and below the helicopter or gyroplane, and 2 parachute flares.

    (6)

    In the case of a helicopter carrying out Performance Class 3 operations or a gyroplane in respect of which there is in force a certificate of airworthiness designating the gyroplane as being of performance group B, either—

    (a)

    one landing light and 2 parachute flares; or

    (b)

    if the maximum total weight authorised of the helicopter or gyroplane exceeds 5,700 kg, either one dual filament landing light with separately energised filaments or 2 single filament landing lights, and 2 parachute flares.

  • Scale H

    (1)

    Subject to paragraph (2), for each person on board, a lifejacket equipped with a whistle and waterproof torch.

    (2)

    Lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.

  • Scale J

    (1)

    Additional flotation equipment, capable of supporting one-fifth of the number of persons on board, and provided in a place of stowage accessible from outside the flying machine.

    (2)

    Parachute distress rocket signals capable of making, from the surface of the water, the pyrotechnical signal of distress specified in the Rules of the Air Regulations 1996 and complying with Part III of Schedule 15 to the Merchant Shipping (Life-Saving Appliances) Regulations 1980(1).

    (3)

    A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the flying machine on water, appropriate to its size, weight and handling characteristics.

  • Scale K

    (1)

    In the case of—

    (a)

    a flying machine, other than a helicopter or gyroplane carrying 20 or more persons, liferafts sufficient to accommodate all persons on board;

    (b)

    a helicopter or gyroplane carrying 20 or more persons, a minimum of 2 liferafts sufficient together to accommodate all persons on board.

    (2)

    Each liferaft shall contain the following equipment—

    (a)

    means for maintaining buoyancy;

    (b)

    a sea anchor;

    (c)

    life-lines, and means of attaching one liferaft to another;

    (d)

    paddles or other means of propulsion;

    (e)

    means of protecting the occupants from the elements;

    (f)

    a waterproof torch;

    (g)

    marine type pyrotechnical distress signals;

    (h)

    means of making sea water drinkable, unless the full quantity of fresh water is carried as specified in sub-paragraph (i);

    (i)

    for each 4 or proportion of 4 persons the liferaft is designed to carry—

    (i)

    100 grammes of glucose toffee tablets; and

    (ii)

    ½ litre of fresh water in durable containers or in any case in which it is not reasonably practicable to carry the quantity of water above specified, as large a quantity of fresh water as is reasonably practicable in the circumstances; provided that in no case shall the quantity of water carried be less than is sufficient, when added to the amount of fresh water capable of being produced by means of the equipment specified in sub-paragraph (h) to provide ½ litre of water for each 4 or proportion of 4 persons the liferaft is designed to carry; and

    (j)

    first aid equipment.

    (3)

    Items (2)(f) to (j) inclusive shall be contained in a pack.

    (4)

    The number of survival beacon radio apparatus carried when the aircraft is carrying the number of liferafts specified in column 1 of the following Table shall be not less than the number specified in, or calculated in accordance with, column 2.

    Column 1Column 2
    Not more than 8 life rafts2 survival beacon radio apparatus
    For every additional 4 or proportion of 4 life rafts1 additional survival beacon radio apparatus
  • Scale KK

    (1)

    A survival emergency locator transmitter capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (Fifth Edition July 1995) and of transmitting on 121.5 MHz and 406 MHz.

    (2)

    An automatic emergency locator transmitter capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (Fifth Edition July 1995) and transmitting on 121.5 MHz and 406 MHz.

    (3)

    An automatically deployable emergency locator transmitter capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (Fifth Edition July 1995) and transmitting on 121.5 MHz and 406 MHz.

  • Scale L1: Part I

    (1)

    In every flying machine which is provided with means for maintaining a pressure greater than 700 hectopascals throughout the flight in the flight crew compartment and in the compartments in which the passengers are carried—

    (a)

    a supply of oxygen sufficient, in the event of failure to maintain such pressure, occurring in the circumstances specified in columns 1 and 2 of the Table set out in Part II, for continuous use, during the periods specified in column 3 of the said Table, by the persons for whom oxygen is to be provided in accordance with column 4 of that Table; and

    (b)

    in addition, in every case where the flying machine flies above flight level 350, a supply of oxygen in a portable container sufficient for the simultaneous first aid treatment of 2 passengers;

    together with suitable and sufficient apparatus to enable such persons to use the oxygen.

    (2)

    In any other flying machine—

    (a)

    a supply of oxygen sufficient for continuous use by all the crew other than the flight crew, and if passengers are carried, by 10% of the number of passengers, for any period exceeding 30 minutes during which the flying machine flies above flight level 100 but not above flight level 130 and the flight crew shall be supplied with oxygen sufficient for continuous use for any period during which the flying machine flies above flight level 100; and

    (b)

    a supply of oxygen sufficient for continuous use by all persons on board for the whole time during which the flying machine flies above flight level 130;

    together with suitable and sufficient apparatus to enable such persons to use the oxygen.

  • Scale L1: Part II

    Column 1

    Vertical displacement of the flying machine in relation to flight levels

    Column 2

    Capability of flying machine to descend (where relevant)

    Column 3

    Period of supply of oxygen

    Column 4

    Persons for whom oxygen is to be provided

    A.

    The whole period during which, after a failure to maintain a pressure greater than 700 hectopascals in the control compartment and in the compartments in which passengers are carried has occurred, the flying machine flies above flight level 100.

    B.

    The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 150.

    C.

    The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 100, but not above flight level 150.

    X.

    The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within 6 minutes, and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

    Y.

    The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within 4 minutes, and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

    Above flight level 100{30 minutes or theIn addition to any
    {period specified at Apassengers for whom
    {hereunder whicheveroxygen is provided as
    {is the greaterspecified below, all
    {the crew
    {
    {Flying machine is{30 minutes or the10% of number of
    {either flying at or{period specified at Apassengers
    {below flight level 150{hereunder whichever
    {or is capable of{is the greater
    {descending and
    {continuing to destination
    {as specified in X
    Above flight level 100{hereunder
    but not above flight{
    level 300{{10 minutes or theAll passengers
    {{period specified at B
    {{hereunder whichever
    {{is the greater
    {{
    {Flying machine is flying{and in addition 3010% of number of
    {above flight level 150{minutes or the periodpassengers
    {and is not so capable{specified at C
    {hereunder whichever
    {is the greater
    {Flying machine is30 minutes or the15% of number of
    {capable of descendingperiod specified at Apassengers
    {and continuing tohereunder whichever
    {destination as specifiedis the greater
    {in Y hereunder
    Above flight level 300{
    but not above flight{
    level 350{{10 minutes or theAll passengers
    {{period specified at B
    {{hereunder whichever
    {{is the greater
    {Flying machine is not{
    {so capable{and in addition 3015% of number of
    {minutes or the periodpassengers
    {specified at C
    {hereunder whichever
    {is the greater
    {10 minutes or theAll passengers
    {period specified at B
    {hereunder whichever
    {is the greater
    {
    Above flight level 350{and in addition 3015% of number of
    {minutes or the periodpassengers
    {specified at C
    {hereunder whichever
    {is the greater
  • Scale L2

    (1)

    A supply of oxygen and the associated equipment to meet the requirements set out in Part I in the case of unpressurised aircraft and Part II in the case of pressurised aircraft.

    (2)

    The duration for the purposes of this Scale shall be whichever is the greater of—

    (a)

    that calculated in accordance with the operations manual prior to the commencement of the flight, being the period or periods which it is reasonably anticipated that the aircraft will be flown in the circumstances of the intended flight at a height where the said requirements apply and in calculating the said duration account shall be taken of—

    (i)

    in the case of pressurised aircraft, the possibility of depressurisation when flying above flight level 100;

    (ii)

    the possibility of failure of one or more of the aircraft engines;

    (iii)

    restrictions due to required minimum safe altitude;

    (iv)

    fuel requirement; and

    (v)

    the performance of the aircraft; or

    (b)

    the period or periods during which the aircraft is actually flown in the circumstances specified in the said Parts.

    • Part I: Unpressurised aircraft

      (1)

      When flying at or below flight level 100—

      • Nil.

      (2)

      When flying above flight level 100 but not exceeding flight level 120—

      Supply forDuration
      (a) Members of the flight crewAny period during which the aircraft flies above flight level 100
      (b) Members of the cabin crew and 10% of passengersFor any continuous period exceeding 30 minutes during which the aircraft flies above flight level 100 but not exceeding flight level 120, the duration shall be the period by which 30 minutes is exceeded
      (3)

      When flying above flight level 120—

      Supply forDuration
      (a) Members of the flight crewAny period during which the aircraft flies above flight level 120
      (b) Members of the cabin crew and all passengersAny period during which the aircraft flies above flight level 120
    • Part II: Pressurised aircraft

      (1)

      When flying at or below flight level 100—

      • Nil.

      (2)

      When flying above flight level 100 but not exceeding flight level 250—

      Supply forDuration
      (a) Members of the flight crew30 minutes or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater
      (b) Members of the cabin crew and 10% of passengers(i) When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, 30 minutes or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater
      (ii) When the aircraft is not so capable, whenever the cabin pressure altitude is greater than 10,000 ft but does not exceed 12,000 ft
      (c) Members of the cabin crew and all passengers(i) When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, no requirement other than that at (2)(b)(aa) of this Part of this Scale
      (ii) When the aircraft is not so capable and the cabin pressure altitude exceeds 12,000 ft, the duration shall be the period when the cabin pressure altitude exceeds 12,000 ft or 10 minutes, whichever is the greater
      (3)

      When flying above flight level 250—

      Supply forDuration
      A.

      The flying machine is capable, at the time when a failure to maintain cabin pressurisation occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 120 within 5 minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

      (a) Members of the flight crew2 hours or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater
      (b) Members of the cabin crewWhenever the cabin pressure altitude exceeds10,000 ft, and a portable supply for 15 minutes
      (c) 10% of passengersWhenever the cabin pressure altitude exceeds10,000 ft but does not exceed 12,000 ft
      (d) 30% of passengersWhenever the cabin pressure altitude exceeds12,000 ft but does not exceed 15,000 ft
      (e) All passengersIf the cabin pressure altitude exceeds 15,000 ft, the duration shall be the period when the cabin pressure altitude exceeds 15,000 ft or 10 minutes, whichever is the greater
      (f) 2% of passengers or 2 passengers, whichever is the greater, being a supply of first aid oxygen which must be available for simultaneous first aid treatment of 2% or 2 passengers wherever they are seated in the aircraftWhenever, after decompression, the cabin pressure altitude exceeds 8,000 ft
  • Scale M

    Equipment to prevent the impairment through ice formation of the functioning of the controls, means of propulsion, lifting surfaces, windows or equipment of the aircraft so as to endanger the safety of the aircraft.

  • Scale N

    An intercommunication system for use by all members of the flight crew and including microphones, not of a hand-held type, for use by the pilot and flight engineer (if any).

  • Scale O

    (1)

    Subject to paragraph (2), a radar set capable of giving warning to the pilot in command of the aircraft and to the co-pilot of the presence of cumulo-nimbus clouds and other potentially hazardous weather conditions.

    (2)

    A flight may commence if the set is unserviceable or continue if the set becomes unserviceable thereafter—

    (a)

    so as to give the warning only to one pilot, so long as the aircraft is flying only to the place at which it first becomes reasonably practicable for the set to be repaired; or

    (b)

    when the weather report or forecasts available to the commander of the aircraft indicate that cumulo-nimbus clouds or other potentially hazardous weather conditions, which can be detected by the set when in working order, are unlikely to be encountered on the intended route or any planned diversion therefrom or the commander has satisfied himself that any such weather conditions will be encountered in daylight and can be seen and avoided, and the aircraft is in either case operated throughout the flight in accordance with any relevant instructions given in the operations manual.

  • Scale P

    (1)

    Subject to paragraphs (2) and (5), a flight data recorder which is capable of recording, by reference to a time-scale, the following data—

    (a)

    indicated airspeed;

    (b)

    indicated altitude;

    (c)

    vertical acceleration;

    (d)

    magnetic heading;

    (e)

    pitch attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;

    (f)

    engine power, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;

    (g)

    flap position;

    (h)

    roll attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded.

    (2)

    Subject to paragraph (5), any aeroplane having a maximum total weight authorised not exceeding 11,400 kg may be provided with—

    (a)

    a flight data recorder capable of recording the data described in paragraph (1)(a) to (1)(h); or

    (b)

    a 4 channel cockpit voice recorder.

    (3)

    Subject to paragraph (5), in addition, on all flights by turbine-powered aeroplanes having a maximum total weight authorised exceeding 11,400 kg, a 4 channel cockpit voice recorder.

    (4)

    The flight data recorder and cockpit voice recorder referred to above shall be so constructed that the record would be likely to be preserved in the event of an accident to the aeroplane.

    (5)

    An aeroplane shall not be required to carry the said equipment if, before take off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Department.

  • Scale Q

    If the maximum total weight authorised of the aeroplane exceeds 5,700 kg and it was first registered on or after 1st June 1965, a door between the flight crew compartment and any adjacent compartment to which passengers have access, which door shall be fitted with a lock or bolt capable of being worked from the flight crew compartment.

  • Scale R

    (1)

    In respect of—

    (a)

    aeroplanes having a maximum total weight authorised exceeding 5,700 kg, equipment sufficient to protect the eyes, nose and mouth of all members of the flight crew required to be carried by virtue of article 20 for a period of not less than 15 minutes and, in addition, where the minimum flight crew required as aforesaid is more than one and a member of the cabin crew is not required to be carried by virtue of article 20, portable equipment sufficient to protect the eyes, nose and mouth of one member of the flight crew for a period of not less than 15 minutes;

    (b)

    aeroplanes having a maximum total weight authorised not exceeding 5,700 kg, either the equipment specified in sub-paragraph (1)(a) or, in the case of such aeroplanes restricted by virtue of the operator’s operations manual to flight at or below flight level 250 and capable of descending as specified at paragraph (4) such equipment sufficient to protect the eyes only.

    (2)

    In respect of—

    (a)

    aeroplanes having a maximum total weight authorised exceeding 5,700 kg, portable equipment to protect the eyes, nose and mouth of all members of the cabin crew required to be carried by virtue of article 20 for a period of not less than 15 minutes;

    (b)

    aeroplanes having a maximum total weight authorised not exceeding 5,700 kg, subject to paragraph (3), the equipment specified in sub-paragraph (2)(a).

    (3)

    Sub-paragraph (2)(b) shall not apply to such aeroplanes restricted by virtue of the operator’s operations manual to flight at or below flight level 250 and capable of descending as specified at paragraph (4).

    (4)

    The aeroplane is capable of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aeroplane, to flight level 100 within 4 minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

  • Scale S

    (1)

    Subject to paragraphs (7) and (8), either a 4 channel cockpit voice recorder or a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the flight path, attitude and the basic lift, thrust and drag forces acting upon it.

    (2)

    Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the information specified in paragraph (1) together with use of VHF transmitters.

    (3)

    Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the flight path, attitude, the basic lift, thrust and drag forces acting upon it, the selection of high lift devices (if any) and airbrakes (if any), the position of primary flying control and pitch trim surfaces, outside air temperature, instrument landing deviations, use of automatic flight control systems, use of VHF transmitters, radio altitude (if any), the level or availability of essential AC electricity supply and cockpit warnings relating to engine fire and engine shut-down, cabin pressurisation, presence of smoke and hydraulic/pneumatic power supply.

    (4)

    Subject to paragraphs (7) and (8), either a cockpit voice recorder and a flight data recorder or a combined cockpit voice recorder/flight data recorder capable in either case of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—

    (a)

    the flight path;

    (b)

    speed;

    (c)

    attitude;

    (d)

    engine power;

    (e)

    outside air temperature;

    (f)

    configuration of lift and drag devices;

    (g)

    use of VHF transmitters; and

    (h)

    use of automatic flight control systems.

    (5)

    Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—

    (a)

    the flight path;

    (b)

    speed;

    (c)

    attitude;

    (d)

    engine power;

    (e)

    outside air temperature;

    (f)

    configuration of lift and drag devices;

    (g)

    use of VHF transmitters; and

    (h)

    use of automatic flight control systems.

    (6)

    Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—

    (a)

    the flight path;

    (b)

    speed;

    (c)

    attitude;

    (d)

    engine power;

    (e)

    outside air temperature;

    (f)

    instrument landing system deviations;

    (g)

    marker beacon passage;

    (h)

    radio altitude;

    (i)

    configuration of the landing gear and lift and drag devices;

    (j)

    position of primary flying controls;

    (k)

    pitch trim position;

    (l)

    use of automatic flight control systems;

    (m)

    use of VHF transmitters;

    (n)

    ground speed/drift angle or latitude/longitude if the navigational equipment provided in the aeroplane is of such a nature as to enable this information to be recorded with reasonable practicability;

    (o)

    cockpit warnings relating to ground proximity; and

    (p)

    the master warning system.

    (7)

    An aircraft shall not be required to carry the equipment specified in paragraphs (1) to (6) if, before take-off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Department.

    (8)

    The cockpit voice recorder or flight data recorder or combined cockpit voice recorder/flight data recorder, as the case may be, shall be so constructed that the record would be likely to be preserved in the event of an accident.

  • Scale SS

    (1)

    Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the following matters accurately in respect of the helicopter or gyroplane—

    (a)

    flight path;

    (b)

    speed;

    (c)

    attitude;

    (d)

    engine power;

    (e)

    main rotor speed;

    (f)

    outside air temperature;

    (g)

    position of pilot’s primary flight controls;

    (h)

    use of VHF transmitters;

    (i)

    use of automatic flight controls (if any);

    (j)

    use of stability augmentation system (if any);

    (k)

    cockpit warnings relating to the master warning system; and

    (l)

    selection of hydraulic system and cockpit warnings of failure of essential hydraulic systems.

    (2)

    Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the information specified in paragraph (1) together with the following matters accurately in respect of the helicopter or gyroplane—

    (a)

    landing gear configuration;

    (b)

    indicated sling load force if an indicator is provided in the helicopter or gyroplane of such a nature as to enable this information to be recorded with reasonable practicability;

    (c)

    radio altitude;

    (d)

    instrument landing system deviations;

    (e)

    marker beacon passage;

    (f)

    ground speed/drift angle or latitude/longitude if the navigational equipment provided in the helicopter or gyroplane is of such a nature as to enable this information to be recorded with reasonable practicability; and

    (g)

    main gear box oil temperature and pressure.

    (3)

    Subject to paragraphs (4) and (5)—

    (a)

    a combined cockpit voice recorder/flight data recorder which meets the following requirements—

    (i)

    in the case of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (1) the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;

    (ii)

    in the case of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (2) the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;

    (iii)

    the cockpit voice recorder shall be capable of recording and retaining at least the last hour of cockpit voice recording information on not less than three separate channels;

    (b)

    in any case when a combined cockpit voice recorder/flight data recorder specified at paragraph (3)(a) is required to be carried by or under this Order, the flight data recorder shall be capable of retaining—

    (i)

    as protected data the data recorded during at least the last 5 hours of its operation or the maximum duration of the flight, whichever is the greater; and

    (ii)

    additional data as unprotected data for a period which together with the period for which protected data is required to be retained amounts to a total of 8 hours; provided that the flight data recorder need not be capable of retaining the said additional data if additional data is retained which relates to the period immediately preceding the period to which the required protected data relates or for such other period or periods as the Department may permit under article 62 and the additional data is retained in accordance with arrangements approved by the Department.

    (4)

    A helicopter or gyroplane shall not be required to carry the equipment specified in paragraphs (1) to (3) if, before take-off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Department.

    (5)

    With the exception of flight data which it is expressly stated above may be unprotected, the cockpit voice recorder, flight data recorder or combined cockpit voice recorder/flight data recorder, as the case may be, shall be so constructed and installed that the record (herein referred to as “protected data”) would be likely to be preserved in the event of an accident and each cockpit voice recorder, flight data recorder or combined cockpit voice recorder/flight data recorder required to be carried on the helicopter or gyroplane shall have attached an automatically activated underwater sonar location device or an emergency locator radio transmitter.

  • Scale T

    An underwater sonar location device except in respect of those helicopters or gyroplanes which are required to carry equipment in accordance with Scale SS.

  • Scale U

    (1)

    1 survival beacon radio apparatus.

    (2)

    Marine type pyrotechnical distress signals.

    (3)

    For each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets.

    (4)

    For each 4 or proportion of 4 persons on board, ½ litre of fresh water in durable containers.

    (5)

    First aid equipment.

  • Scale V

    (1)

    1 survival beacon radio apparatus.

    (2)

    Marine type pyrotechnical distress signals.

    (3)

    For each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets.

    (4)

    For each 4 or proportion of 4 persons on board, ½ litre of fresh water in durable containers.

    (5)

    First aid equipment.

    (6)

    For every 75 or proportion of 75 persons on board, 1 stove suitable for use with aircraft fuel.

    (7)

    1 cooking utensil, in which snow or ice can be melted.

    (8)

    2 snow shovels.

    (9)

    2 ice saws.

    (10)

    Single or multiple sleeping-bags, sufficient for the use of one-third of all persons on board.

    (11)

    1 arctic suit for each member of the crew of the aircraft.

  • Scale W

    (1)

    Subject to paragraph (2), cosmic radiation detection equipment calibrated in millirems per hour and capable of indicating the action and alert levels of radiation dose rate.

    (2)

    An aircraft shall not be required to carry the said equipment if before take-off the equipment is found to be unserviceable and it is not reasonably practicable to repair or replace it at the aerodrome of departure and the radiation forecast available to the commander of the aircraft indicates that hazardous radiation conditions are unlikely to be encountered by the aircraft on its intended route or any planned diversion therefrom.

  • Scale X

    (1)

    Subject to paragraph (3), a Terrain Awareness and Warning System known as Class A, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including excessive closure rate to terrain, flight into terrain when not in landing configuration, excessive downward deviation from an instrument landing system glideslope, a predictive terrain hazard warning function and a visual display.

    (2)

    Subject to paragraph (3), a Terrain Awareness and Warning System known as Class B, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including a predictive terrain hazard warning function.

    (3)

    If the equipment becomes unserviceable, the aircraft may fly or continue to fly until it first lands at a place at which it is reasonably practicable for the equipment to be repaired or replaced.

  • Scale Y

    (1)

    If the aircraft may in accordance with its certificate of airworthiness carry more than 19 and less than 100 passengers, one portable battery-powered megaphone capable of conveying instructions to all persons in the passenger compartment and readily available for use by a member of the crew.

    (2)

    If the aircraft may in accordance with its certificate of airworthiness carry more than 99 and less than 200 passengers, 2 portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and each readily available for use by a member of the crew.

    (3)

    If the aircraft may in accordance with its certificate of airworthiness carry more than 199 passengers, 3 portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and each readily available for use by a member of the crew.

    (4)

    If the aircraft may in accordance with its certificate of airworthiness carry more than 19 passengers—

    (a)

    a public address system; and

    (b)

    an interphone system of communication between members of the flight crew and the cabin crew.

  • Scale Z

    (1)

    An emergency lighting system to provide illumination in the passenger compartment sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2) of Scale G.

    (2)

    An emergency lighting system to provide illumination outside the aircraft sufficient to facilitate the evacuation of the aircraft.

    (3)

    An emergency floor path lighting system in the passenger compartment sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2) of Scale G; provided that if the equipment becomes unserviceable the aircraft may fly or continue to fly in accordance with arrangements approved by the Department.

Article 15

SCHEDULE 4Radio communication and radio navigation equipment to be carried in aircraft

1.  Subject to paragraph 3, every aircraft shall be provided, when flying in the circumstances specified in the first column of the Table in paragraph 2 of this Schedule, with the scales of equipment respectively indicated in the second column of that Table; provided that, if the aircraft is flying in a combination of such circumstances the scales of equipment shall not on that account be required to be duplicated.

2.  Table

Aircraft and Circumstances of FlightScale of Equipment Required
ABCDEFGHJ
(1) All aircraft (other than gliders) within the Isle of Man —
(a) when flying under Instrument Flight Rules within controlled airspaceAE1F
(b) when flying within controlled airspaceA
(c) when making an approach to landing at an aerodrome notified for the purpose of this sub-paragraphG
(d) when flying for the purpose of public transportE1
(2) All aircraft within the Isle of Man —
(a) when flying at or above flight level 245A
(b) when flying within airspace notified for the purposes of this sub paragraphA
(3) All aircraft (other than gliders) within the Isle of Man —
(a) when flying at or above flight level 245E1F
(b) when flying within airspace notified for the purposes of this sub-paragraphE1
(c) when flying at or above flight level 100E1
(4) When flying under Instrument Flight Rules within airspace notified for the purposes of this paragraph—
(a) all aeroplanes having a maximum take-off weight authorised not exceeding 5,700 kg and a maximum cruising true airspeed capability not exceeding 250 knotsE2
(b) all rotorcraftE2
(c) all aeroplanes having either a maximum take-off weight authorised of more than 5,700 kg or a maximum cruising true airspeed capability of more than 250 knotsE3
(d) all aircraft required to carry Scale E2 or E3EE
(5) All aircraft registered in the Isle of Man, wherever they may be, when flying under Instrument Flight Rules within controlled airspaceA
(6) All aeroplanes registered in the Isle of Man, wherever they may be, and all aeroplanes wherever registered when flying in the Isle of Man, powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off weight exceeding 15,000 kg or with a maximum approved passenger seating configuration of more than 30J
(7) All aeroplanes powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off weight exceeding 5,700 kg or a maximum approved passenger seating configuration of more than 19; and—
(a) registered in the Isle of Man and flying within the airspace of the member states of the European Civil Aviation Conference; orJ
(b) flying in the Isle of ManJ

3.—(1) In the case of sub-paragraphs (1), (2), (3), (4)(a), (4)(c) and (5) of paragraph 2, the specified equipment need not be carried if the appropriate air traffic control unit otherwise permits in relation to the particular flight and the aircraft complies with any instructions which the air traffic control unit may give in the particular case.

(2) An aircraft which is not a public transport aircraft and which is flying in Class D or Class E airspace shall not be required to be provided with distance measuring equipment in accordance with paragraph (b) of Scale F when flying in the circumstances specified in sub-paragraph (1)(a) of paragraph 2.

4.  The scales of radio communication and radio navigation equipment indicated in the foregoing Table shall be as follows—

  • Scale A

    Radio communication equipment capable of maintaining direct two-way communication with the appropriate aeronautical radio stations.

  • Scale B

    Radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including such equipment as may be prescribed.

  • Scale C

    Radio communication equipment capable of receiving from the appropriate aeronautical radio stations meteorological broadcasts relevant to the intended flight.

  • Scale D

    Radio navigation equipment capable of receiving signals from one or more aeronautical radio stations on the surface to enable the aircraft to be guided to a point from which a visual landing can be made at the aerodrome at which the aircraft is to land.

  • Scale E1

    Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

  • Scale E2

    Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and has the capability and functionality prescribed for Mode S Elementary Surveillance and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

  • Scale E3

    Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and has the capability and functionality prescribed for Mode S Enhanced Surveillance and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

  • Scale EE

    The aircraft shall, in the circumstances specified in paragraph 2.1.5.3 of Volume IV (Third Edition July 2002) of Annex 10 to the Chicago Convention, comply with the requirements for antenna diversity set out in that paragraph.

  • Scale F

    Radio communication and radio navigation equipment capable of enabling the aircraft to be navigated along the intended route including—

    (a)

    automatic direction finding equipment;

    (b)

    distance measuring equipment; and

    (c)

    VHF omni-range equipment.

  • Scale G

    Radio navigation equipment capable of enabling the aircraft to make an approach to landing using the Instrument Landing System.

  • Scale H

    (1)

    Subject to paragraphs (2) and (3), radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including—

    (a)

    automatic direction finding equipment;

    (b)

    distance measuring equipment;

    (c)

    duplicated VHF omni-range equipment; and

    (d)

    a 75 MHz marker beacon receiver.

    (2)

    An aircraft may fly notwithstanding that it does not carry the equipment specified in this Scale if it carries alternative radio navigation equipment or navigational equipment approved in accordance with article 14(7).

    (3)

    Where not more than one item of equipment specified in this Scale is unserviceable when the aircraft is about to begin a flight, the aircraft may nevertheless take off on that flight if—

    (a)

    it is not reasonably practicable for the repair or replacement of that item to be carried out before the beginning of the flight;

    (b)

    the aircraft has not made more than one flight since the item was last serviceable; and

    (c)

    the commander of the aircraft has satisfied himself that, taking into account the latest information available as to the route and aerodrome to be used (including any planned diversion) and the weather conditions likely to be encountered, the flight can be made safely and in accordance with any relevant requirements of the appropriate air traffic control unit.

  • Scale J

    An airborne collision avoidance system.

5.  In this Schedule—

(1) “Airborne collision avoidance system” means an aeroplane system which conforms to requirements prescribed for the purpose; is based on secondary surveillance radar transponder signals; operates independently of ground based equipment and which is designed to provide advice and appropriate avoidance manoeuvres to the pilot in relation to other aeroplanes which are equipped with secondary surveillance radar and are in undue proximity;

(2) “Automatic direction finding equipment” means radio navigation equipment which automatically indicates the bearing of any radio station transmitting the signals received by such equipment;

(3) “Distance measuring equipment” means radio equipment capable of providing a continuous indication of the aircraft’s distance from the appropriate aeronautical radio stations;

(4) “Mode A” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for identity and surveillance with identity provided in the form of a 4 digit identity code;

(5) “Mode C” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for automatic pressure-altitude transmission and surveillance;

(6) “Secondary surveillance radar equipment” means such type of radio equipment as may be notified as being capable of—

(a)replying to an interrogation from secondary surveillance radar units on the surface; and

(b)being operated in accordance with such instructions as may be given to the aircraft by the appropriate air traffic control unit;

(7) “VHF omni-range equipment” means radio navigation equipment capable of giving visual indications of bearings of the aircraft by means of signals received from very high frequency omni-directional radio ranges.

Article 17

SCHEDULE 5Aircraft, engine and propeller log books

Aircraft log book

1.  The following entries shall be included in the aircraft log book—

(1) the name of the constructor, the type of the aircraft, the number assigned to it by the constructor and the date of the construction of the aircraft;

(2) the nationality and registration marks of the aircraft;

(3) the name and address of the operator of the aircraft;

(4) the date of each flight and the duration of the period between take-off and landing, or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day;

(5) subject to paragraph (8), particulars of all maintenance work carried out on the aircraft or its equipment;

(6) subject to paragraph (8), particulars of any defects occurring in the aircraft or in any equipment required to be carried therein by or under this Order, and of the action taken to rectify such defects;

(7) subject to paragraph (8), particulars of any overhauls, repairs, replacements and modifications relating to the aircraft or any such equipment as aforesaid;

(8) entries shall not be required to be made under paragraphs (5), (6) and (7) in respect of any engine or variable pitch propeller.

Engine log book

2.  The following entries shall be included in the engine log book—

(1) the name of the constructor, the type of engine, the number assigned to it by the constructor and the date of the construction of the engine;

(2) the nationality and registration marks of each aircraft in which the engine is fitted;

(3) the name and address of the operator of each such aircraft;

(4) either—

(a)the date of each flight and the duration of the period between take-off and landing or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day; or

(b)the aggregate duration of periods between take-off and landing for all flights made by that aircraft since the immediately preceding occasion that any maintenance, overhaul, repair, replacement, modification or inspection was undertaken on the engine;

(5) particulars of all maintenance work done on the engine;

(6) particulars of any defects occurring in the engine, and of the rectification of such defects;

(7) particulars of all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.

Variable pitch propeller log book

3.  The following entries shall be included in the variable pitch propeller log book—

(1) the name of the constructor, the type of propeller, the number assigned to it by the constructor and the date of the construction of the propeller;

(2) the nationality and registration marks of each aircraft, and the type and number of each engine, to which the propeller is fitted;

(3) the name and address of the operator of each such aircraft;

(4) either—

(a)the date of each flight and the duration of the period between take-off and landing or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day; or

(b)the aggregate duration of periods between take-off and landing for all flights made by that aircraft since the immediately preceding occasion that any maintenance, overhaul, repair, replacement, modification or inspection was undertaken on the propeller;

(5) particulars of all maintenance work done on the propeller;

(6) particulars of any defects occurring in the propeller, and of the rectification of such defects;

(7) particulars of any overhauls, repairs, replacements and modifications relating to the propeller.

Article 22

SCHEDULE 6Flight crew licences

  • Aeroplane pilots

    • United Kingdom National Private Pilot’s Licence (Aeroplanes)

    • Private Pilot’s Licence (Aeroplanes)

    • Basic Commercial Pilot’s Licence (Aeroplanes)

    • Commercial Pilot’s Licence (Aeroplanes)

    • Airline Transport Pilot’s Licence (Aeroplanes)

  • Helicopter pilots

    • Private Pilot’s Licence (Helicopters)

    • Commercial Pilot’s Licence (Helicopters)

    • Airline Transport Pilot’s Licence (Helicopters)

  • Other flight crew

    • Flight Navigator’s Licence

    • Flight Engineer’s Licence

    • Flight Radiotelephony Operator’s Licence

Article 48

SCHEDULE 7Documents to be carried

Circumstances in which documents are to be carried

1.—(1) On a private flight, being international air navigation, Documents A, B, C, G and I shall be carried.

(2) On a flight made in accordance with the terms of a permission granted to the operator under article 16 Document J shall be carried.

Description of documents

2.  For the purposes of this Schedule—

(1) “Document A” means the licence in force under the Wireless Telegraphy Act 1949(2) in respect of the aircraft radio station installed in the aircraft;

(2) “Document B” means the certificate of airworthiness in force in respect of the aircraft;

(3) “Document C” means the licences of the members of the flight crew of the aircraft;

(4) “Document G” means the certificate of registration in force in respect of the aircraft;

(5) “Document I” means a copy of the notified procedures to be followed by the pilot in command of an intercepted aircraft, and the notified visual signals for use by intercepting and intercepted aircraft;

(6) “Document J” means the permission, if any, granted in respect of the aircraft under article 16.

Definition

3.  For the purposes of this Schedule “international air navigation” means any flight which includes passage over the territory of any country other than the United Kingdom, except any of the Channel Islands, the Isle of Man or any other relevant overseas territory to which there is power to extend the Civil Aviation Act 1982 under section 108(1) of that Act.

Article 62

SCHEDULE 8Penalties

PART AProvisions referred to in article 62(5)

ArticleSubject Matter
2Aircraft flying unregistered
4Aircraft flying with false or incorrect markings
11Flight without appropriate maintenance
12Flight without a certificate of release to service
13(2) and (3)Aircraft maintenance whilst unfit or drunk etc.
14Flight without required equipment
15Flight without required radio equipment
16Minimum equipment requirements
17Failure to keep log books
18Requirement to weigh aircraft and keep weight schedule
20Crew requirement
23(1)Flight without valid medical certificate
23(2)Flight in unfit condition
25Aerodrome operating minima — non-public transport aircraft
26Requirement for pilot to remain at controls
27Pre-flight action by commander of aircraft
28Requirement for passenger briefing
29Requirements for licensing and operation of radio station in aircraft
30Requirement for minimum navigation performance equipment
31Requirement for height keeping performance equipment — aircraft registered in the Isle of Man
32Requirement for area navigation equipment and required navigation performance — aircraft registered in the Isle of Man
33Requirement for an airborne collision avoidance system
34Use of flight recording systems and preservation of records
37Carriage of persons in or on any part of an aircraft not designed for that purpose
41Prohibition of smoking in aircraft
42Requirement to obey lawful commands of aircraft commander
43(a) and (b)Acting in a disruptive manner
44Prohibition of stowaways
55Breach of the Rules of the Air
60Obstruction of persons performing duties under the Order

PART BProvisions referred to in article 62(6)

ArticleSubject Matter
5Use of aircraft for public transport or aerial work
6Flight without a certificate of airworthiness
21Requirement to hold an appropriate flight crew licence
35Prohibition of carriage of weapons and munitions of war
36Requirements for the carriage of dangerous goods
38Endangering safety of aircraft
39Endangering safety of persons or property
40Prohibition of drunkenness in aircraft
43 (c)Intentional interference
45Crew’s obligation not to fly in dangerous state of fatigue
47Protection of air crew from cosmic radiation
49Keeping and production of records of exposure to cosmic radiation
54 (except (3))Use of false or unauthorised documents and records
56Obligations in respect of flights over any foreign country
57(5), (6) and (7)Failure to report an occurrence
57(8)Making a false occurrence report
58Flight in contravention of direction not to fly

Article 68

SCHEDULE 9Public transport and aerial work

General rules

1.—(1) Subject to the provisions of this Schedule, aerial work means any purpose (other than public 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 3 of this Order.

(3) Subject to the provisions of this Schedule, an aircraft in flight shall for the purposes of this Order be deemed to fly for the purpose of public 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), persons with the authority of the Department 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 3 of this Order (other than articles 14(2) and 15(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 public transport by reason of sub-paragraph (3)(c), it shall not be deemed to be flying for the purpose of the public transport of passengers unless valuable consideration is given or promised for the carriage of those passengers.

(5) A glider shall not be deemed to fly for the purpose of public transport for the purposes of Part 3 of this Order by virtue of sub-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 (b) below, for all purposes other than Part 3 of this Order; and

(b)for the purposes of articles 14(2) and 15(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—

(a)sub-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—

(i)its holding company;

(ii)its subsidiary; or

(iii)another subsidiary of the same holding company;

(b)this paragraph “holding company” and “subsidiary” have the meanings respectively specified in section 736 of the Companies Act 1985(3).

Exceptions — flying displays etc.

2.—(1) A flight shall, for the purposes of Part 4 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 (i) above 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 (i) above 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 in paragraph 1(3)(c); or

(ii)in the case of an aircraft owned in accordance with paragraph 6(2), valuable consideration which falls within paragraph 6(3);

falls within sub-paragraph (2)(a) or (2)(b) or both.

(2) Valuable consideration falls within this sub-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 of the Department granted to the organiser of the race or contest;

or falls within both (a) and (b) above.

(3) Any prize falling within sub-paragraph (2)(b) shall be deemed for the purposes of this Order not to constitute remuneration for services as a pilot.

Exceptions — charity flights

3.—(1) Subject to sub-paragraph (2), 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 paragraph 1(3)(c); or

(b)in the case of an aircraft owned in accordance with paragraph 6(2), valuable consideration which falls within paragraph 6(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 of the Department and in accordance with any conditions therein specified.

(2) If valuable consideration specified in paragraph 1(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 14(2) and 15(2))be deemed to be for the purpose of public transport.

(3) In this paragraph “registered charity” has the same meaning as in the Charities Registration Act 1989 (an Act of Tynwald), and includes an institution which is prescribed under section 2(3) of that Act.

Exceptions — cost sharing

4.—(1) Subject to sub-paragraph (4), 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 sub-paragraph (2) and the criteria in sub-paragraph (3) are satisfied.

(2) Valuable consideration falls within this paragraph if it is—

(a)valuable consideration specified in paragraph 1(3)(c);

(b)in the case of an aircraft owned in accordance with paragraph 6(2), valuable consideration which falls within paragraph 6(3); or

(c)is a contribution to the direct costs of the flight otherwise payable by the pilot in command;

or falls within any two or all three of (a) to (c) above.

(3) The criteria in this sub-paragraph are satisfied if—

(a)no more than 4 persons (including the pilot) are carried;

(b)the proportion which the contribution referred to in sub-paragraph (2)(c) bears to the direct costs shall not exceed the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried (including the pilot);

(c)no information 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 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 which is being flown.

(4) If valuable consideration specified in paragraph 1(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 14(2) and 15(2))be deemed to be for the purpose of public transport.

Exceptions — recovery of direct costs

5.—(1) Subject to sub-paragraph (2), 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 paragraph 1(3)(c); or

(b)in the case of an aircraft owned in accordance with paragraph 6(2), valuable consideration which falls within paragraph 6(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 paragraph 1(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 14(2) and 15(2)) be deemed to be for the purpose of public transport.

Exceptions — jointly owned aircraft

6.—(1) A flight shall be deemed to be a private flight if the aircraft falls within sub-paragraph (2) and the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within sub-paragraph (3).

(2) An aircraft falls within this sub-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 Department 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 holds not less than 5% of the shares in that company.

(3) Valuable consideration falls within sub-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 (a) and (b) above.

Exceptions — parachuting

7.—(1) 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 parachuting permission;

(b)positioning the aircraft for such a flight as is specified in (a) above 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 parachuting permission; or

(c)returning after such a flight as is specified in (a) above 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 (a) above.

(2) In this paragraph “parachuting permission” means a parachuting permission granted by the Department under article 67 of the Air Navigation Order 2005 as applied to the Isle of Man under section 11 of the Airports and Civil Aviation Act 1987 (an Act of Tynwald).

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