Schedule 4 – Rules of the air23.

(1)

Schedule 4 is amended as follows.

(2)

After rule 2 insert—

“Protection of persons and property2A.

An aircraft must not be operated in a negligent or reckless manner so as to endanger life or property of others.”.

(3)

After rule 8(3), insert—

“(3A)

In controlled airspace, aircraft must not fly in formation except where—

(a)

the pilots-in-command of the aircraft flying in formation designate a flight leader for the formation (“the flight leader”) before the formation flight;

(b)

in relation to navigation and position reporting, all aircraft flying in formation fly as if each were a single aircraft;

(c)

the pilots-in-command of each aircraft maintain adequate separation between the aircraft flying in formation, including during periods of transition into, or out of, the formation;

(d)

the aircraft maintain a distance between the aircraft in the formation of not more than 1 km laterally and 30 metres vertically from the flight leader; and

(e)

the aircraft comply with any other conditions for the formation flight which are imposed by the air traffic control unit for the relevant airspace.”.

(4)

In rule 8(4), at the end insert “, taking into account the effects of aircraft wake turbulence”.

(5)

In rule 8(7), for “Paragraphs (3) and (5)” substitute “Paragraphs (3), (3A) and (5)”.

(6)

After rule 11 insert—

“Water operations11A.

(1)

This rule applies to aircraft when on the water.

(2)

When two aircraft are approaching each other, or an aircraft is approaching a vessel, the aircraft must proceed with caution.

(3)

An aircraft which has another aircraft or a vessel on its right must give way and keep well clear of it.

(4)

An aircraft approaching another aircraft or vessel head-on either directly or approximately, must alter its course to the right, so as to keep clear of it.

(5)

An aircraft or vessel being overtaken by another aircraft has right of way and the overtaking aircraft must alter its course, so as to keep clear of it.

(6)

When landing or taking off an aircraft must keep clear of all vessels (including other aircraft on the water) and not impede their navigation.

(7)

Between sunset and sunrise, or during such other hours as the Governor may prescribe, an aircraft must display lights in accordance with the International Regulations for Preventing Collisions at Sea 1972 published by the International Maritime Organization9 or, if it is not practical to do so, it must display similar lights and in a similar position.”.

(7)

For rule 20 substitute—

“20.

Subject to rule 28A, an aircraft must always be flown in accordance with either the Visual Flight Rules or the Instrument Flight Rules.”.

(8)

In rule 25, at the end insert—

“(3)

Rules 28A, 29 and 30 are the Visual Flight Rules which apply at night.”.

(9)

After rule 28 insert—

“Visual Flight Rules at night28A.

An aircraft flying at night in the Territory may be flown—

(a)

on a Special VFR flight within a control zone; or

(b)

in accordance with any relevant supplementary Rules of the Air made by the Governor under article 67(1) which are in force in the Territory.”.

(10)

In rule 29—

(a)

in paragraph (1), after “airspace”, insert “, or at night,”;

(b)

in paragraph (3), for “articles 89, 90 or 91”, substitute “article 92 or 93”.

(11)

In rule 31(1), for “Rule” substitute “Except at night, rule”.

(12)

In rule 33(1), after the second “aircraft”, insert “or, when over high terrain or in mountainous areas, at a height of less than 2000 feet,”.

(13)

In rule 34—

(a)

in the heading, omit “Quadrantal rule and”;

(b)

in paragraph (1), omit “or Table 2, as appropriate”;

(c)

for Tables 1 and 2 substitute—
“Table 1Semi-circular rule
Track10

From 000 degrees to 179 degrees

From 180 degrees to 359 degrees

IFR flights

VFR flights

IFR flights

VFR flights

Level

Level

Level

Level

FL11

Feet

Metres

FL

Feet

Metres

FL

Feet

Metres

FL

Feet

Metres

010

1,000

300

-

-

-

020

2,000

600

-

-

-

030

3,000

900

035

3,500

1,050

040

4,000

1.200

045

4,500

1,350

050

5,000

1,500

055

5,500

1,700

060

6,000

1,850

065

6,500

2,000

070

7,000

2,150

075

7,500

2,300

080

8,000

2,450

085

8,500

2,600

090

9,000

2,750

095

9,500

2,900

100

10,000

3,050

105

10,500

3,200

110

11,000

3,350

115

11,500

3,350

120

12,000

3,650

125

12,500

3,800

130

13,000

3,950

135

13,500

4,100

140

14,000

4,250

145

14,500

4,400

150

15,000

4,550

155

15,500

4,700

160

16,000

4,900

165

16,500

5,050

170

17,000

5,200

175

17,500

5,350

180

18,000

5,500

185

18,500

5,650

190

19,000

5,800

195

19,500

5,950

200

20,000

6,100

205

20,500

6,250

210

21,000

6,400

215

21,500

6,550

220

22,000

6,700

225

22,500

6,850

230

23,000

7,000

235

23,500

7,150

240

24,000

7,300

245

24,500

7,450

250

25,000

7,600

255

25,500

7,750

260

26,000

7,900

265

26,500

8,100

270

27,000

8,250

275

27,500

8,400

280

28,000

8,550

285

28,500

8,700

290

29,000

8,850

300

30,000

9,150

310

31,000

9,450

320

32,000

9,750

330

33,000

10,050

340

34,000

10,350

350

35,000

10,650

360

36,000

10,950

370

37,000

11,300

380

38,000

11,600

390

39,000

11,900

400

40,000

12,200

410

41,000

12,500

430

43,000

13,100

450

45,000

13,700

470

47,000

14,350

490

49,000

14,950

510

51,000

15,500

etc.

etc.

etc.

etc.

etc.

etc.”

(14)

In rule 35(2)(b), for “articles” substitute “article”.

(15)

After rule 37 insert—

“Co-ordinated Universal Time, time checks and time accuracy37A.

(1)

When communicating the time with an air traffic control unit a pilot must use Co-ordinated Universal Time (“UTC”), expressed in hours, minutes and seconds, as used in the 24 hour clock.

(2)

Before entering controlled airspace, and at such other times during the flight as may be necessary, the pilot of an aircraft must check the time.

(3)

Whenever time is utilised by an aircraft operator in the use of data-link communications, the time must be accurate to 1 second UTC.

(4)

In paragraph (3), “data-link communications” means a form of communication intended for the exchange of messages via a data link.

SECTION 6AACTS OF UNLAWFUL INTERFERENCE AND INTERCEPTION

Duties of pilot-in-command37B.

(1)

This rule applies if an aircraft is subjected to an act of unlawful interference.

(2)

The pilot-in-command must attempt to notify the appropriate air traffic control unit immediately of the interference and of any actual or required deviation from the filed flight plan.

(3)

The pilot-in-command must attempt to land as soon as reasonably practicable at the nearest suitable aerodrome, or at another aerodrome as instructed by the appropriate air traffic control unit, unless circumstances on board the aircraft make this impracticable.

(4)

In this rule, “act of unlawful interference” means any act which would constitute an offence under sections 1 to 4 of the Aviation Security Act 198212, if committed in a territory to which those sections have been extended by the Aviation Security and Piracy (Overseas Territories) Order 200013.

Interception37C.

(1)

Interception of civil aircraft must be governed by these rules and any administrative instructions, directions or requirements issued by the Governor.

(2)

The pilot-in-command of a civil aircraft, when intercepted, must comply with any instructions, directions or requirements issued by the Governor under paragraph (1).”.

(16)

After rule 43(5) insert—

“(5A)

A flying machine taxiing on the manoeuvring area must stop and hold at—

(a)

runway-holding positions, until otherwise authorised by the air traffic control unit; and

(b)

lighted “stop” bars, until the stop lights are turned off.”.

(17)

In rule 61(1)—

(a)

for “described” substitute “illustrated”;

(b)

for “as illustrated in column 3” substitute “described in column 2”.

(18)

In rule 61(2)—

(a)

after “by hand” insert “, by glove,”;

(b)

after “by night” insert “or in low visibility”;

(c)

omit “torches or by”.

(19)

After rule 61(2), for Table 5 substitute—
“Table 5Meaning of marshalling signals (from a marshaller to an aircraft on or off the ground)

Column 1

Column 2

Illustration of signal

Meaning and description of signal”.

SnipImage (00F)

SnipImage (00F)2

SnipImage (010)

SnipImage (011)

SnipImage (012)

SnipImage (013)

SnipImage (014)

SnipImage (015)

SnipImage (016)

SnipImage (017)

SnipImage (017)a

SnipImage (028)a

(20)

After rule 61 insert—

“Emergency signals by firemen and marshallers to aircraft on or off the ground61A.

(1)

Each of the signals illustrated in column 1 and described in column 2 of Table 5A, when given by a fireman or marshaller to an aircraft on or off the ground, shall have the meanings given to them in column 1 of the Table.

(2)

By day any such signals shall be given by glove, hand or by circular bats and by night or in low visibility shall be given by illuminated wands.

Table 5AMeaning of emergency signals (from a fireman or marshaller to an aircraft on or off the ground)

Column 1

Column 2

Illustration of signal

Meaning and description of signal

SnipImage (019)

SnipImage (020)

Requirements for marshallers61B.

(1)

This rule applies to persons acting as marshallers of aircraft at a certificated aerodrome.

(2)

A marshaller must not guide an aircraft on the ground unless trained and approved by, or on behalf of, the aerodrome certificate holder.

(3)

A marshaller must, when marshalling an aircraft, wear a distinctive, fluorescent identification vest.”.