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The Air Navigation (Overseas Territories) Order 1989

Type Statutory-Instrument

Publication 1989-12-19

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Scale E In the case of a helicopter or a gyroplane, a slip indicator; In the case of any other flying machine, a turn indicator and a slip indicator; A gyroscopic bank and pitch indicator; A gyroscopic direction indicator; 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; Provided that any aircraft may, at the option of the operator, be equipped with an additional gyroscopic bank and pitch indicator in lieu of the turn indicator referred to in (i) of this Scale.

Scale EE On all flights beginning on or after 1st January 1991, a radio altimeter with an audio voice warning operating below a preset height and a visual warning capable of operating at a height selectable by the pilot.

Scale F A timepiece indicating the time in hours, minutes and seconds; A means of indicating whether the power supply to the gyroscopic instruments is adequate; A rate of climb and descent indicator; If the maximum total weight authorised of the aircraft exceeds 5,700 kg. a means of indicating the outside air temperature; If the maximum total weight authorised of the aircraft exceeds 5,700 kg. two air speed indicators.

Scale G In the case of an aircraft other than a helicopter or gyroplane landing lights consisting of two single filament lamps, or one dual filament lamp with separately energised filaments; An electric lighting system to provide illumination in every passenger compartment; one electric torch for each member of the crew of the aircraft; or one electric torch for each member of the flight crew of the aircraft; and at least one electric torch affixed adjacent to each floor level exit intended for the disembarkation of passengers whether normally or in an emergency, provided that such torches shall:— be readily accessible for use by the crew of the aircraft at all times; and number in total not less than the minimum number of cabin attendants required to be carried with a full passenger complement; 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. In the case of a helicopter or gyroplane in respect of which there is in force a certificate of airworthiness designating the helicopter or gyroplane as being of performance group A, either— two landing lights both of which are adjustable so as to illuminate the ground in front 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 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 two single filament lights, each of which is adjustable so as to illuminate the ground in front and below the helicopter or gyroplane; and two parachute flares. In the case of a helicopter or gyroplane in respect of which there is in force a certificate of airworthiness designating the helicopter or gyroplane as being of performance group B, either— one landing light and two parachute flares; or 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 two single filament landing lights; and two parachute flares.

Scale H For each person on board, a lifejacket equipped with a whistle and waterproof torch: Provided that lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.

Scale HH A survival suit for each member of the crew.

Scale I 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; 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 and Air Traffic Control and complying with Part III of Schedule 15 to the Merchant Shipping (Life-Saving Appliances) Regulations 1980[^f00025]; 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 J In the case of a flying machine, other than a helicopter or gyroplane carrying 20 or more persons, liferafts sufficient to accommodate all persons on board; In the case of a helicopter or gyroplane carrying 20 or more persons, a minimum of two liferafts sufficient together to accommodate all persons on board. Each liferaft shall contain the following equipment: means for maintaining buoyancy; a sea anchor; life lines, and means of attaching one liferaft to another; paddles or other means of propulsion; means of protecting the occupants from the elements; a waterproof torch; marine type pyrotechnical distress signals; means of making sea water drinkable, unless the full quantity of fresh water is carried as specified in sub-paragraph (i); for each 4 or proportion of 4 persons the liferaft is designed to carry: 100 grammes of glucose toffee tablets; ½ litre of fresh water in durable containers: Provided that 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 may be substituted. In no case however 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 one half litre of water for each 4 or proportion of 4 persons the liferaft is designed to carry. first aid equipment. Items (f) to (j) inclusive shall be contained in a pack. 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: TABLE Column 1Column 2 Not more than 8 liferafts.2 survival beacon radio apparatus.For every additional 4 or proportion of 4 liferafts.1 additional survial beacon radio apparatus. In the case of a helicoper or gyroplane undertaking a flight on or after 1st January 1991, an emergency beacon which is automatically deployed and activated in the event of a crash.

Scale K1 PART I In every flying machine which is provided with means for maintaining a pressure greater than 700 millibars throughout the flight in the flight crew compartment and in the compartments in which passengers are carried— 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 of this Scale, 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 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 two passengers, together with suitable and sufficient apparatus to enable such persons to use the oxygen. In any other flying machine— a supply of oxygen sufficient for continuous use by all the 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 except that on and after 1st January 1991 flight crews shall be supplied with oxygen sufficient for continuous use for any period during which the flying machine flies above flight level 100; and 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, PART II Column 1Column 2Column 3Column 4Vertical displacement of the flying machine in relation to flight levelsCapability of flying machine to descend (where relevant)Period of supply of oxygenPersons for whom oxygen is to be provided The whole period during which, after a failure to maintain a pressure greater than 700 millibars in the control compartment and in the compartments in which passengers are carried has occurred, the flying machine flies above flight level 100. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 150. 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. 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. 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 the period specified at A hereunder whichever is the greaterIn addition to any passengers for whom oxygen is provided as specified below, all the crewAbove flight level 100 but not above flight level 300{ Flying machine is either flying at or below flight level 150 or is capable of descending and continuing to destination as specified at X hereunder30 minutes or the period specified at A hereunder whichever is the greater10% of number of passengers{ Flying machine is flying above flight level 150 and is not so capable{ 10 minutes or the period specified at B hereunder whichever is greaterAll passengersand in addition{ 30 minutes or the period specified at C hereunder whichever is the greater10% of number of passengersAbove flight level 300 but not above flight level 350{ Flying machine is capable of descending and continuing to destination as specified at Y hereunder30 minutes or the period specified at A hereunder whichever is the greater15% of number of passengers{ Flying machine is not so capable10 minutes or the period specified at B hereunder whichever is the greaterAll passengersand in addition{ 30 minutes or the period specified at C hereunder whichever is the greater15% of number of passengersAbove flight level 350—{ 10 minutes or the period specified at B hereunder whichever is the greaterAll pasengersand in addition{ 30 minutes or the period specified at C hereunder whichever is the greater15% of number of passengers together with suitable and sufficient apparatus to enable such person to use the oxygen. The quantity of oxygen required for the purpose of complying with paragraphs (i) and (ii) of this Part of this Scale shall be computed in accordance with the information and instructions relating thereto specified in the operations manual relating to the aircraft pursuant to item (vi) of Part A of Schedule 10 to this Order.

Scale K2 A supply of oxygen and the associated equipment to meet the requirements set out in Parts I and II of this scale. The duration for the purposes of this scale shall be: 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: in the case of pressurised aircraft, the possibility of depressurisation when flying above flight level 100, the possibility of failure of one or more of the aircraft engines, restrictions due to required minimum safe altitude, fuel requirement, and the performance of the aircraft; or the period or periods during which the aircraft is actually flown in the circumstances specified in the said Parts; whichever is the greater. PART I Unpressurised Aircraft When flying at or below flight level 100: Nil. When flying above flight level 100 but not exceeding flight level 120: Supply forDuration a Members of the flight crew Any period during which the aircraft flies above flight level 100 b Cabin attendants and 10% of passengers For 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 When flying above flight level 120: Supply forDuration a Members of the flight crew Any period during which the aircraft flies above flight level 120 b Cabin attendants and all passengers Any period during which the aircraft flies above flight level 120 PART II Pressurised aircraft When flying at or below flight level 100: Nil. When flying above flight level 100 but not exceeding flight level 250: Supply forDuration a Members of the flight crew 30 minutes or whenever the cabin pressure altitude exceeds 10,000 feet whichever is the greater b Cabin attendants and 10% of passengers aa 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 feet, whichever is the greater bb When the aircraft is not so capable, whenever the cabin pressure altitude is greater than 10,000 feet, but does not exceed 12,000 feet c Cabin attendants and passengers aa When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, no requirement other than that at (ii)(b)(aa) of this part of this scale bb When the aircraft is not so capable and the cabin pressure altitude exceeds 12,000 feet, the duration shall be the period when the cabin pressure altitude exceeds 12,000 feet or 10 minutes, whichever is the greater When flying above flight level 250: Supply forDuration 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 crew 2 hours or whenever the cabin pressure altitude exceeds 10,000 feet, whichever is the greater b Cabin attendants Whenever the cabin pressure altitude exceeds 10,000 feet, and a portable supply for 15 minutes c 10% of passengers Whenever the cabin pressure altitude exceeds 10,000 feet but does not exceed 12,000 feet d 30% of passengers Whenever the cabin pressure altitude exceeds 12,000 feet but does not exceed 15,000 feet e All passengers If the cabin pressure altitude exceeds 15,000 feet, the duration shall be the period when the cabin pressure altitude exceeds 15,000 feet or 10 minutes, whichever is the greater f 2% of passengers or 2 passengers, whichever 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 aircraft Whenever, after decompression, the cabin pressure altitude exceeds 8000 feet

Scale L 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 M Safety harness for every seat in use— Provided that, in the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the Governor may permit a safety belt with one diagonal shoulder strap to be fitted if he 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 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 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: Provided that a flight may commence if the set is unserviceable or continue if the set becomes unserviceable thereafter: 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 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 A flight data recorder which is capable of recording, by reference to a time-scale, the following data— indicated air speed; indicated altitude; vertical acceleration; magnetic heading; pitch attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded; engine power, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded; flap position; roll attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded: Provided that any aeroplane having a maximum total weight authorised not exceeding 11,400 kg. may be provided with: a flight data recorder capable of recording the data described in sub-paragraphs (a) to (h) of this Scale; or a 4 channel cockpit voice recorder. In addition, a four channel cockpit voice recorder shall be provided:— on all flights by turbine-powered aeroplanes having a maximum total weight authorised exceeding 27,000 kg.; on all flights beginning on or after 1st January 1991 by turbine-powered aeroplanes having a maximum total weight authorised exceeding 11,400 kg. 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. Provided that 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 Governor.

Scale Q If the maximum total weight authorised of the flying machine exceeds 5,700 kg. and it was first registered, whether in the Territory or elsewhere, 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 R1 Equipment sufficient to protect the eyes, nose and mouth of the pilot in command of the aircraft from the effects of smoke and noxious gases for a period of not less than 15 minutes; and Portable equipment sufficient to protect the eyes, nose and mouth of one other member of the crew of the aircraft from the effects of smoke and noxious gases for a period of not less than 8 minutes; and Equipment sufficient to protect from the effects of smoke and noxious gases the eyes of all members of the flight crew of the aircraft whose eyes are not adequately protected by other equipment.

Scale R2 In respect of aeroplanes having a maximum total weight authorised exceeding 5700 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 18 of this Order for a period of not less than 15 minutes and, in addition, where the minimum flight crew required as aforesaid is more than 1 and a cabin attendant is not required to be carried by virtue of Article 18 of this Order, 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. In respect of aeroplanes having a maximum total weight authorised not exceeding 5700 kg, the equipment specified in (i)(a) of this Scale provided that 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 A hereunder such equipment shall be sufficient to protect the eyes only. In respect of aeroplanes having a maximum total weight authorised exceeding 5700 kg, portable equipment to protect the eyes, nose and mouth of all cabin attendants required to be carried by virtue of Article 18 of this Order for a period of not less than 15 minutes. In respect of aeroplanes having a maximum total weight authorised not exceeding 5700 kg, the equipment specified in (ii)(a) of this Scale provided that this requirement 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 A hereunder. 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 levy 100 within 4 minutes and of continuing at or below the flight level to its place of intended destination orb any other place at which a safe landing can be made.

Scale S A flight recording system comprising: in respect of aeroplanes having a maximum total weight authorised not exceeding 11,400 kg. either a 4 channel cockpit voice recorder or a flight data recorder capable of recording by reference to a time scale data from which the following information can be ascertained: the flight path of the aeroplane; the attitude of the aeroplane; and the basic lift, thrust and drag forces acting upon the aeroplane; in respect of aeroplanes having a maximum total weight authorised exceeding 11,400 kg. but not exceeding 27,000 kg, a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale data from which the information specified in paragraph (i) can be ascertained; in respect of aeroplanes having a maximum total weight authorised exceeding 27,000 kg, a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale data from which the following information can be established: the flight path of the aeroplane; the attitude of the aeroplane; the basic lift, thrust and drag forces acting upon the aeroplane; the selection of high lift devices (if any) and airbrakes (if any); the position of primary flying control and pitch trim surfaces; cockpit warnings relating to engine fire and engine shutdown, cabin pressurisation, presence of smoke and hydraulic/pneumatic power supply; outside air temperature; instrument landing system deviations; use made of automatic flight control system; radio altitude (if any); and the level of essential AC electricity supply; in respect of helicopters on any flight beginning on or after 1st January 1991 and having a maximum total weight authorised exceeding 2,700 kg. or a seating capacity exceeding 9 passengers, a 4 channel cockpit voice recorder which has attached to it an under-water sonar location device. The cockpit voice recorder or 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. Provided that an aircraft 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 Governor.

Scale T An underwater sonar location device, except in respect of those helicopters which have a device attached to a cockpit voice recorder in accordance with Scale S.

Scale U 1 survival beacon radio apparatus; marine type pyrotechnical distress signals; for each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets; for each 4 or proportion of 4 persons on board, one half litre or fresh water in durable containers; first aid equipment.

Scale V 1 survival beacon radio apparatus; marine type pyrotechnical distress signals; for each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets; for each 4 or proportion of 4 persons on board, one half litre of fresh water in durable containers; first aid equipment; for every 75 or proportion of 75 persons on board, 1 stove suitable for use with aircraft fuel; 1 cooking utensil, in which snow or ice can be melted; 2 snow shovels; 2 ice saws; single or multiple sleeping-bags, sufficient for the use of one-third of all persons on board; 1 Arctic suit for each member of the crew of the aircraft.

Scale W Cosmic radiation detection equipment calibrated in millirems per hour and capable of indicating the action and alert levels of radiation dose rate: Provided that 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 Equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water: provided that 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 If the aircraft has a total seating capacity of not less than 60 and not exceeding 149 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. If the aircraft has a total seating capacity exceeding 149 passengers, two portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and readily available for use by a member of the crew.

Scale Z An emergency lighting system to provide illumination in the passenger compartments sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (ii) of Scale G; An emergency lighting system to provide illumination outside the aircraft sufficient to facilitate evacuation of the aircraft.

1

Every aircraft shall be provided, when flying in the circumstances specified in the first column of the Table set forth in paragraph 2 of this Schedule, with the scales of equipment respectively indicated in that Table:

3

The scales of radio and radio navigation equipment indicated in the foregoing Table shall be as follows:

Scale A Radio 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 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 E Secondary surveillance radar equipment.

Scale F Radio and radio navigation equipment capable of enabling the aircraft to be navigated along the intended route including either— automatic direction finding equipment; and distance measuring equipment; and VHF omni-range equipment; or equipment, including the Decca Flight Log, which will enable the aircraft to be navigated by means of signals received from radio navigation land stations forming part of the Decca radio navigation system and which provides the pilot with a visual indication of the aircraft’s position relative to the intended route.

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

Scale H Radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including— automatic direction finding equipment; and distance measuring equipment; and duplicated VHF omni-range equipment; and a 75 MHz marker beacon receiver; Except that an aircraft may fly notwithstanding that it does not carry the equipment specified in this scale if it carries alternate radio navigation equipment or navigational equipment approved by the Governor in writing in accordance with the provisions of Article 13(7) of this Order; 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— it is not reasonably practicable for the repair or replacement of that item to be carried out before the beginning of the flight; and the aircraft has not made more than one flight since the item was last serviceable; and 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.

4

In this Schedule—

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

(2) “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; and

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

(4) “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.

SCHEDULE 6 — AIRCRAFT, ENGINE AND PROPELLER LOG BOOKS

1

Aircraft Log Book

Engine Log Book

2

The following entries shall be included in the engine log book:

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

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

(d) either

(i) 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 lights and the total duration of the periods between take-offs and landings on that day; or,

(ii) 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;

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

(f) particulars of any defects occurring in the engine, and of the rectification of such defects, including a reference to the relevant entries in the technical log required by Article 10(2) and (3) of this Order;

(g) 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:

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

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

(d) either

(i) 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,

(ii) 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;

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

(f) particulars of any defects occurring in the propeller, and of the rectification of such defects, including a reference to the relevant entries in the technical log required by Article 10(2) and (3) of this Order;

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

SCHEDULE 7 — AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHT NAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR APPROVED NAVIGATIONAL EQUIPMENT ON PUBLIC TRANSPORT AIRCRAFT

The following areas are hereby specified for the purposes of Article 18(4) of this Order:—

Area A—Arctic All that area north of latitude 67 degrees north, but excluding any part thereof lying within 300 nautical miles of Norway.

Area B—Antarctic All that area south of latitude 55 degrees south.

Area C—Sahara All that area enclosed by rhumb lines joining successively the following points: 32°north latitude 03°west longitude 24° north latitude 14°west longitude 14° north latitude 14°west longitude 18° north latitude 28°east longitude 24° north latitude 28°east longitude 28° north latitude 23°east longitude 32° north latitude 03°west longitude

Area D—Arabian Desert All that area enclosed by rhumb lines joining successively the following points: 22°north latitude 42°east longitude 16° north latitude 46°east longitude 20° north latitude 55°east longitude 24° north latitude 48°east longitude 22° north latitude 42°east longitude

Area E—South America (Central) All that area enclosed by rhumb lines joining successively the following points: 04°north latitude 72°west longitude 04° north latitude 60°west longitude 08° south latitude 42°west longitude 18° south latitude 54°west longitude 18° south latitude 60°west longitude 14° south latitude 72°west longitude 05° south latitude 76°west longitude 04° north latitude 72°west longitude

Area F—Pacific Ocean All that area enclosed by rhumb lines joining successively the following points: 55°south latitude 75°west longitude 20° south latitude 73°west longitude 05° south latitude 85°west longitude 05° north latitude 80°west longitude 15° north latitude 105°west longitude 30° north latitude 125°west longitude 55° north latitude 140°west longitude 67° north latitude 180°west longitude 60° north latitude 180°west longitude 20° north latitude 128°east longitude 04° north latitude 128°east longitude 00° north latitude 165°west longitude 55° south latitude 180°west longitude 55° south latitude 75°west longitude

Area G—Australia All that area enclosed by rhumb lines joining successively the following points: 18°south latitude 123°east longitude 30° south latitude 118°east longitude 30° south latitude 135°east longitude 18° south latitude 123°east longitude

Area H—Indian Ocean All that area enclosed by rhumb lines joining successively the following points: 35°south latitude 110°east longitude 20° south latitude 110°east longitude 13° south latitude 120°east longitude 10° south latitude 100°east longitude 13° north latitude 91°east longitude 13° north latitude 86°east longitude 00° north latitude 80°east longitude 20° north latitude 67°east longitude 20° north latitude 62°east longitude 05° south latitude 43°east longitude 20° south latitude 60°east longitude 25° south latitude 60°east longitude 40° south latitude 10°east longitude 55° south latitude 10°east longitude 55° south latitude 180°east longitude 35° south latitude 110°east longitude

Area I—North Atlantic Ocean All that area enclosed by rhumb lines joining successively the following points: 55°north latitude 15°west longitude 67° north latitude 40°west longitude 67° north latitude 60°west longitude 45° north latitude 45°west longitude 40° north latitude 63°west longitude 40° north latitude 19°west longitude 55° north latitude 15°west longitude

Area J—South Atlantic Ocean All that area enclosed by rhumb lines joining successively the following points: 40°north latitude 63°west longitude 19° north latitude 63°west longitude 05° south latitude 30°west longitude 55° south latitude 55°west longitude 55° south latitude 10°east longitude 05° south latitude 10°east longitude 02° north latitude 05°east longitude 02° north latitude 10°west longitude 15° north latitude 25°west longitude 40° north latitude 19°west longitude 40° north latitude 63°west longitude

Area K—Northern Canada All that area enclosed by rhumb lines joining successively the following points: 67°north latitude 130°west longitude 55° north latitude 115°west longitude 55° north latitude 70°west longitude 67° north latitude 60°west longitude 67° north latitude 130°west longitude

SCHEDULE 8 — FLIGHT CREW OF AIRCRAFT: LICENCES AND RATINGS

PART A— — LICENCES

Minimum Age Period of Validity, Privileges

Aeroplane Pilots

1

Private Pilots Licence (Aeroplanes)

Helicopter and Gyroplane Pilots

2

Private Pilot’s Licence (Helicopters and Gyroplanes)

Balloon and Airship Pilots

3

Private Pilot’s Licence (Balloons and Airships)

Glider Pilots

4

Commercial Pilots Licence (Gliders),

Other Flight Crew

5

Flight Navigator’s Licence

PART B— — RATINGS

1

The following ratings may be included in a pilot’s licence granted under Part IV of this Order, and, subject to the provisions of this Order and of the licence, the inclusion of a rating in a licence shall have the consequences respectively specified as follows—

2

An aircraft rating included in a flight engineer’s licence shall entitle the holder of the licence to act as flight engineer only of aircraft of a type specified in the aircraft rating.

3

For the purposes of this Schedule—

“Solo flight” means a flight on which the pilot of the aircraft is not accompanied by a person holding a pilot’s licence granted or rendered valid under this Order.

“Cross-country flight” means any flight during the course of which the aircraft is more than 3 nautical miles from the aerodrome of departure.

PART C— — CERTIFICATE OF TEST OR EXPERIENCE

1

(a) A certificate of test or a certificate of experience required by article 21(5) of this Order shall not be appropriate to the functions to be performed on a flight unless it is a certificate appropriate to the description of the flight according to the following Table—

Case	Class of Licence	Description of Flight	Certificate Required
A	Private Pilot’s Licence (Aeroplanes) Private Pilot’s Licence (Helicopters and Gyroplanes)	Any flight within the privileges of the licence	Certificate of test or certificate of experience
B	Basic Commercial Pilot’s Licence (Aeroplanes) Commercial Pilot’s Licence (Aeroplanes) Commercial Pilot’s Licence (Helicopters and Gyroplanes) Commercial Pilot’s Licence (Gliders) Commercial Pilot’s Licence (Airships) Senior Commercial Pilot’s Licence (Aeroplanes) Airline Transport Pilot’s Licence (Aeroplanes) Airline Transport Pilot’s Licence (Helicopters and Gyroplanes)	Carriage of passengers on a flight in respect of which the holder of the licence receives remuneration	Certificate of test
C	Basic Commercial Pilot’s Licence (Aeroplanes) Commercial Pilot’s Licence (Aeroplanes) Commercial Pilot’s Licence (Helicopters and Gyroplanes) Commercial Pilot’s Licence (Gliders) Commercial Pilot’s Licence (Airships) Senior Commercial Pilot’s Licence (Aeroplanes) Airline Transport Pilot’s Licence (Aeroplanes) Airline Transport Pilot’s Licence (Helicopters and Gyroplanes)	For public transport	Certificate of test
D	Basic Commercial Pilot’s Licence (Aeroplanes) Commercial Pilot’s Licence (Aeroplanes) Commercial Pilot’s Licence (Helicopters and Gyroplanes) Commercial Pilot’s Licence (Gliders) Commercial Pilot’s Licence (Airships) Senior Commercial Pilots Licence (Aeroplanes) Airline Transport Pilot’s Licence (Aeroplanes) Airline Transport Pilot’s Licence (Helicopters and Gyroplanes)	For aerial work	Certificate of test or certificate of experience
E	Basic Commercial Pilot’s Licence (Aeroplanes) Commercial Pilot’s Licence (Aeroplanes) Commercial Pilot’s Licence (Helicopters and Gyroplanes) Commercial Pilot’s Licence (Gliders) Commercial Pilot’s Licence (Airships) Senior Commercial Pilot’s Licence (Aeroplanes) Airline Transport Pilot’s Licence (Aeroplanes) Airline Transport Pilot’s Licence (Helicopters and Gyroplanes)	Any flight within the privileges of a Private Pilot’s Licence	Certificate of test or certificate of experience
F	Flight Navigator’s Licence	Flights to which article 19(4) of this Order applies	Certificate of experience
G	Flight Engineer’s Licence	For public transport	Certificate of test
H	Flight Engineer’s Licence	Any flight other than for public transport	Certificate of test or certificate of experience

(b) For the purposes of this Part of this Schedule references to Cases are references to the Cases indicated in the first Column of the Table in paragraph 1(a) of this Part of this Schedule.

Certificate of test

2

A certificate of test required by Article 20(4) or 20(5) of this Order shall be signed by a person authorised by the Governor to sign certificates of this kind and shall certify the following particulars:

(a) the functions to which the certificate relates;

(b) that the person signing the certificate is satisfied that on a date specified in the certificate the holder of the licence or personal flying logbook of which the certificate forms part, as the case may be, passed an appropriate test of his ability to perform the functions to which the certificate relates;

(d) the date on which it was signed.

Nature of test

3

The appropriate test referred to in paragraph 2 of this Part of this Schedule shall be:

(a) in the case of a test which entitles the holder of the licence of which the certificate forms part to act as pilot in command and/or co-pilot of aircraft of the type specified in the certificate, a test of the pilot’s competence to fly the aircraft as pilot in command and/or co-pilot and shall where the Governor so specifies in respect of the whole or part of a test be conducted in an aircraft in flight or by means of a flight simulator approved by the Governor;

(b) in the case of a test which entitles the holder of the licence of which the certificate forms part to act as flight engineer of aircraft of the type specified in the certificate, a test of the flight engineer’s competence to perform the duties of a flight engineer in the type of aircraft to be used on the flight and shall, where the Governor so specifies in respect of the whole or part of a test, be conducted in an aircraft in flight or by means of a flight simulator approved by the Governor;

(c) in the case of a test which entitles the holder of the licence of which the certificate forms part to perform the functions to which an Instrument Rating relates a test of his ability to perform the functions to which the rating relates and shall, where the Governor so specifies in respect of the whole or part of the test, be conducted in an aircraft in flight or by means of a flight simulator approved by the Governor;

(d) in the case of a test which entitles the holder of the licence of which the certificate forms part to perform the functions to which a flying instructor’s rating, an assistant flying instructor’s rating or an instrument meteorological conditions rating relates, a test of his ability to perform the functions to which the rating relates and shall where the Governor so specifies in respect of the whole or part of the test be conducted in an aircraft in flight.

Period of Validity of Certificate of Test

4

(a) A certificate of test required by Article 20(4) of this Order shall not be valid in relation to a flight made more than 13 months in Cases A, B, E and H, or more than 6 months in Cases C, D and G, after the date of the test which it certifies:

Provided that in the case of Cases C, D and G two certificates of test shall together be deemed to constitute a valid certificate of test if they certify flying tests conducted on two occasions within the period of 13 months preceding the flight on which the functions are to be performed, such occasions being separated by an interval of not less than 4 months, and if both certificates are appropriate to those functions.

(b) A certificate of test required by Article 20(5) of this Order shall not be valid in relation to a flight made more than 13 months in the case of an instrument rating (aeroplanes) and an assistant flying instructor’s rating or more than 25 months in the case of an instrument meteorological conditions rating (aeroplanes) and a flying instructor’s rating, after the date of the test which it certifies.

Certificate of experience

5

A certificate of experience required by Article 20(4) of this Order shall be signed by a person authorised by the Governor to sign such a certificate and shall certify the following particulars:

(a) the functions to which the certificate relates;

(b) in the case of a pilot or flight engineer, that on the date on which the certificate was signed the holder of the licence or personal flying logbook of which it forms part, as the case may be, produced his personal flying logbook to the person signing the certificate and satisfied him that he had appropriate experience in the capacity to which his licence relates within the appropriate period specified in paragraph 6 of this Part of this Schedule;

(c) in the case of a flight navigator, that on the date on which the certificate was signed the holder of the licence of which it forms part produced his navigation logs, charts and workings of astronomical observations to the person signing the certificate and satisfied him that he had appropriate experience in the capacity to which the licence relates within the appropriate period specified in paragraph 6 of this Part of this Schedule;

(d) in the case of a pilot or flight engineer, the type or types of aircraft in which the experience was gained;

(e) the date on which it was signed.

Period of experience

6

A certificate of experience shall not be valid unless the experience certified was gained within the period of 13 months preceding the signing of the certificate in the case of Cases A, E, F and H, or 6 months preceding the signing of the certificate in the case of Case D.

Period of Validity of Certificate of Experience

7

A certificate of experience shall not be valid more than 6 months after it was signed for Case D, nor more than 13 months after it was signed for any other Case.

SCHEDULE 9 — AIR TRAFFIC CONTROLLERS: RATINGS

1

The holder of a licence which includes ratings of two or more of the classes specified in paragraph 2 of this Schedule shall not at any one time perform the functions specified in respect of more than one of those ratings:

2

Ratings of the following classes may be included in an air traffic controller’s licence (other than a student air traffic controller’s licence) granted under Article 65 of this Order and, subject to the provisions of this Order and of the licence, the inclusion of a rating in a licence shall have the consequences respectively specified as follows—

(1) Aerodrome Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service (but not with any type of radar equipment for which a radar control rating is required under this paragraph) for any aircraft on the manoeuvring area or apron of that aerodrome or which is flying in the vicinity of the aerodrome traffic zone by visual reference to the surface.

(2) Approach Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service (but not with any type of radar equipment for which a radar control rating is required under this paragraph) for any aircraft which is flying in the vicinity of the aerodrome traffic zone whether or not it is flying by visual reference to the surface.

(3) Approach Radar Control Rating shall entitle the holder of the licence, at any aerodrome at which the rating is valid, to provide air traffic control service with the aid of any type of surveillance radar equipment for which the rating is valid for any aircraft which is flying within 40 nautical miles of the aerodrome traffic zone whether or not it is flying by visual reference to the surface.

(4) Precision Approach Radar Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service with the aid of any type of precision approach radar equipment for which the rating is valid.

(5) Area Control Rating shall entitle the holder of the licence at any place for which the rating is valid to provide an air traffic control service without the aid of any surveillance radar equipment.

(6) Area Radar Control Rating shall entitle the holder of the licence, at any place for which the rating is valid, to provide air traffic control service with the aid of any type of surveillance radar equipment for which the rating is valid.

SCHEDULE 10 — PUBLIC TRANSPORT—OPERATIONAL REQUIREMENTS

PART A.— — OPERATIONS MANUEL

Information and instructions relating to the following matters shall be included in the operations manual referred to in Article 25(2) of this Order:

(i) the number of the crew to be carried in the aircraft, on each stage of any route to be flown, and the respective capacities in which they are to act, and instructions as to the order and circumstances in which command is to be assumed by members of the crew;

(ii) the respective duties of each member of the crew and the other members of the operating staff;

(iii) the scheme referred to in Article 54(1)(c)(i)

of this Order;

(iv) such technical particulars concerning the aircraft, its engines and equipment and concerning the performance of the aircraft as may be necessary to enable the flight crew of the aircraft to perform their respective duties;

(v) the manner in which the quantities of fuel and oil to be carried by the aircraft are to be computed and records of fuel and oil carried and consumed on each stage of the route to be flown are to be maintained; the instructions shall take account of all circumstances likely to be encountered on the flight including the possibility of failure of one or more of the aircraft engines;

(vi) the manner in which the quantity, if any, of oxygen and oxygen equipment to be carried in the aircraft for the purpose of complying with Scale K in Schedule 4 to this Order is to be computed;

(vii) the check system to be followed by the crew of the aircraft prior to and on take-off, on landing and in an emergency, so as to ensure that the operating procedures contained in the operations manual and in the flight manual or performance schedule forming part of the relevant certificate of airworthiness are complied with;

(viii) the circumstances in which a radio watch is to be maintained;

(ix) the circumstances in which oxygen is to be used by the crew of the aircraft, and by passengers;

(x) communication, navigational aids, aerodromes, local regulations, in-flight procedures, approach and landing procedures and such other information as the operator may deem necessary for the proper conduct of flight operations; the information referred to in this paragraph shall be contained in a route guide, which may be in the form of a separate volume;

(xi) the reporting in flight to the notified authorities of meteorological observations;

(xii) the minimum altitudes for safe flight on each stage of the route to be flown and any planned diversion therefrom, such minimum altitudes being not lower than any which may be applicable under the law of the Territory or of the countries whose territory is to be flown over;

(xiii) the particulars referred to in Article 30 of this Order;

(xiv) emergency flight procedures, including procedures for the instruction of passengers in the position and use of emergency equipment and procedures to be adopted when the commander of the aircraft becomes aware that another aircraft or a vessel is in distress and needs assistance;

(xv) in the case of aircraft intended to fly at an altitude of more than 49,000 feet the procedures for the use of cosmic radiation detection equipment;

(xvi) in the case of any flight beginning on or after 1st June 1990 the labelling and marking of dangerous goods, the manner in which they must be loaded on an aircraft and the responsibilities of members of the crew in respect of the carriage of dangerous goods:

Provided that in relation to any flight which is not one of a series of flights between the same two places it shall be sufficient if, to the extent that it is not practicable to comply with paragraphs (x) and (xii), the manual contains such information and instructions as will enable the equivalent data to be ascertained before take-off.

PART B.— — CREW TRAINING AND TESTS

1

The training, experience, practice and periodical tests required under Article 27(2) of this Order in the case of members of the crew of an aircraft engaged on a flight for the purpose of public transport shall be as follows:

(1) The Crew

Every member of the crew shall— have been tested within the relevant period by or on behalf of the operator as to his knowledge of the use of the emergency and life saving equipment required to be carried in the aircraft on the flight; and have practised within the relevant period under the supervision of the operator or of a person appointed by him for the purpose, the carrying out of the duties required of him in case of an emergency occurring to the aircraft, either in an aircraft of the type to be used on the flight or in apparatus approved by the Governor for the purpose and controlled by persons so approved.

(2) Pilots

(a) Every pilot included in the flight crew who is intended by the operator to fly as pilot in circumstances requiring compliance with the Instrument Flight Rules shall within the relevant period have been tested by or on behalf of the operator—

(i) as to his competence to perform his duties while executing normal manoeuvres and procedures in flight, in an aircraft of the type to be used on the flight including the use of the instruments and equipment provided in the aircraft;

(ii) as to his competence to perform his duties in instrument flight conditions while executing emergency manoeuvres and procedures in flight, in an aircraft of the type to be used on the flight, including the use of the instruments and equipment provided in the aircraft.

A pilot’s ability to carry out normal manoeuvres and procedures shall be tested in the aircraft in flight.

The other tests required by this sub-paragraph may be conducted either in the aircraft in flight, or under the supervision of a person approved by the Governor for the purpose by means of a flight simulator approved by the Governor under Article 20(10) of this Order. The tests specified in sub-paragraph (2)(a)(ii) of this paragraph when conducted in the aircraft in flight shall be carried out either in actual instrument flight conditions or in instrument flight conditions simulated by means approved by the Governor.

(b) Every pilot included in the flight crew whose licence does not include an instrument rating or who, notwithstanding the inclusion of such a rating in his licence, is not intended by the operator to fly in circumstances requiring compliance with the Instrument Flight Rules, shall within the relevant period have been tested, by or on behalf of the operator, in flight in an aircraft of the type to be used on the flight—

(i) as to his competence to act as pilot thereof while executing normal manoeuvres and procedures, and

(ii) as to his competence to act as pilot thereof while executing emergency manoeuvres and procedures.

(c) Every pilot included in the flight crew who is seated at the flying controls during take-off or landing shall within the relevant period—

(i) have been tested as to his proficiency in using instrument approach-to-land systems of the type in use at the aerodromes of intended landing and any alternate aerodromes, such test being carried out either in flight in instrument flight conditions or in instrument flight conditions simulated by means approved by the Governor or under the supervision of a person approved by the Governor for the purpose by means of a flight simulator approved by the Governor; and

(ii) have carried out when seated at the flying controls not less than three take-offs and three landings in aircraft of the type to be used on the flight.

(3) Flight Engineers

Every flight engineer included in the flight crew shall within the relevant period have been tested by or on behalf of the operator— as to his competence to perform his duties while executing normal procedures in flight, in an aircraft of the type to be used on the flight; as to his competence to perform his duties while executing emergency procedures in flight, in an aircraft of the type to be used on the flight.

A flight engineer’s ability to carry out normal procedures shall be tested in an aircraft in flight. The other tests required by this sub-paragraph may be conducted either in the aircraft in flight, or under supervision of a person approved by the Governor for the purpose by means of a flight simulator approved by the Governor.

(4) Flight Navigators and Flight Radio Operators

Every flight navigator and flight radio operator whose inclusion in the flight crew is required under Article 18(4) and (5) respectively of this Order shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in conditions corresponding to those likely to be encountered on the flight— in the case of a flight navigator, using equipment of the type to be used in the aircraft on the flight for purposes of navigation; in the case of a flight radio operator using radio equipment of the type installed in the aircraft to be used on the flight, and including a test of his ability to carry out emergency procedures.

(5) Aircraft Commanders

(a) The pilot designated as commander of the aircraft for the flight shall within the relevant period have demonstrated to the satisfaction of the operator that he has adequate knowledge of the route to be taken, the aerodromes of take-off and landing, and any alternate aerodromes, including in particular his knowledge of—

the terrain,

the seasonal meteorological conditions,

the meteorological communications, and air traffic facilities,

services and procedures,

the search and rescue procedures, and

the navigational facilities,

relevant to the route.

(b) In determining whether a pilot’s knowledge of the matters referred to in sub-paragraph (a) is sufficient to render him competent to perform the duties of aircraft commander on the flight, the operator shall take into account the pilot’s flying experience in conjunction with the following—

(i) the experience of other members of the intended flight crew;

(ii) the influence of terrain and obstructions on departure and approach procedures at the aerodromes of take-off and intended landing and at alternate aerodromes;

(iii) the similarity of the instrument approach procedures and let-down aids to those with which the pilot is familiar;

(iv) the dimensions of runways which may be used in the course of the flight in relation to the performance limits of aircraft of the type to be used on the flight;

(v) the reliability of meteorological forecasts and the probability of difficult meteorological conditions in the areas to be traversed;

(vi) the adequacy of the information available regarding the aerodrome of intended landing and any alternate aerodromes;

(vii) the nature of air traffic control procedures and familiarity of the pilot with such procedures;

(viii) the influence of terrain on route conditions and the extent of the assistance obtainable en-route from navigational aids and air-to-ground communication facilities;

(ix) the extent to which it is possible for the pilot to become familiar with unusual aerodrome procedures and features of the route by means of ground instruction and training devices.

(6) For the purposes of this paragraph—

“instrument flight conditions” means weather conditions such that the pilot is unable to fly by visual reference to objects outside the aircraft;

“relevant period” means a period which immediately precedes the commencement of the flight, being a period— in the case of sub-paragraph (2)(c)(ii) of this paragraph, of 3 months; in the case of sub-paragraphs (2)(a)(ii), (2)(b)(ii), (2)(c)(i) and (3)(b) of this paragraph, of 6 months; in the case of sub-paragraphs (1), (2)(a)(i), (2)(b)(i), (3)(a), (4) and (5)(a) of this paragraph, of 13 months:

Provided that—

(i) any pilot of the aircraft to whom the provisions of sub-paragraphs (2)(a)(ii), (2)(b)(ii) or (2)(c)(i) and any flight engineer of the aircraft to whom the provisions of sub-paragraph (3)(b) of this paragraph apply shall for the purposes of the flight be deemed to have complied with such requirements respectively within the relevant period if he has qualified to perform his duties in accordance therewith on two occasions within the period of 13 months immediately preceding the flight, such occasions being separated by an interval of not less than 4 months;

(ii) the requirements of sub-paragraph (5)(a) shall be deemed to have been complied with within the relevant period by a pilot designated as commander of the aircraft for the flight if, having become qualified so to act on flights between the same places over the same route more than 13 months before commencement of the flight, he has within the period of 13 months immediately preceding the flight flown as pilot of an aircraft between those places over that route.

2

(1) The records required to be maintained by an operator under Article 27(2) of this Order shall be accurate and up-to-date records so kept as to show, on any date, in relation to each person who has during the period of two years immediately preceding that date flown as a member of the crew of any public transport aircraft operated by that operator—

(a) the date and particulars of each test required by this Schedule undergone by that person during the said period including the name and qualifications of the examiner;

(b) the date upon which that person last practised the carrying out of duties referred to in paragraph 1(1)(b) of this Schedule;

(c) the operator’s conclusions based on each such test and practice as to that person’s competence to perform his duties;

(d) the date and particulars of any decision taken by the operator during the said period in pursuance of paragraph 1(5)(a) of this Schedule including particulars of the evidence upon which that decision was based.

(2) The operator shall whenever called upon to do so by any authorised person produce for the inspection of any person so authorised all records referred to in the preceding sub-paragraph and furnish to any such person all such information as he may require in connection with any such records and produce for his inspection all log books, certificates, papers and other documents, whatsoever which he may reasonably require to see for the purpose of determining whether such records are complete or of verifying the accuracy of their contents.

(3) The operator shall at the request of any person in respect of whom he is required to keep records as aforesaid furnish to that person, or to any operator of aircraft for the purpose of public transport by whom that person may subsequently be employed, particulars of any qualifications in accordance with this Schedule obtained by such person whilst in his service.

PART C.— — TRAINING MANUAL

The following information and instructions in relation to the training, experience, practice and periodical tests required under Article 27(2) of this Order shall be included in the training manual referred to in Article 26(2) of this Order—

(i) the manner in which the training, practice and periodical tests required under Article 27(2) and specified in Part B of Schedule 10 to this Order are to be carried out;

(ii)

(a) the minimum qualifications and experience which the operator requires of persons appointed by him to give or to supervise the said training, practice and periodical tests; and

(b) the type of training, practice and periodical tests which each such person is appointed to give or to supervise; and

(c) the type of aircraft in respect of which each such person is appointed to give or to supervise the said training, practice and periodical tests;

(iii) the minimum qualifications and experience required of each member of the crew undergoing the said training, practice and periodical tests;

(iv) the syllabus for, and specimen forms for recording, the said training, practice and periodical tests;

(v) the manner in which instrument flight conditions and engine failure are to be simulated in the aircraft in flight;

(vi) the extent to which the said training and testing is permitted in the course of flights for the purpose of public transport;

(vii) the use to be made in the said training and testing of apparatus approved for the purpose by the Governor.

SCHEDULE 11 — DOCUMENTS TO BE CARRIED BY AIRCRAFT REGISTERED IN THE TERRITORY

On a flight for the purpose of public transport:

Documents A, B, C, D, E, F, H and, if the flight is international air navigation, Document G.

On a flight for the purpose of aerial work:

Documents A, B, C, E, F and, if the flight is international air navigation, Document G.

On a flight, being international air navigation, for a purpose other than public transport or aerial work:

Documents A, B, C and G.

For the purposes of this Schedule: “A” means the licence in force in respect of the aircraft radio station installed in the aircraft, and the current telecommunication log book required by this Order; “B” means the certificate of airworthiness in force in respect of the aircraft; Provided that, with the permission in writing of the Governor, an aircraft to which article 25 of this Order applies need not carry the flight manual as part of this document if it carries an operation manual which includes— the information shown in the Limitations and Emergency Procedures section of the flight manual, and performance instructions which are derived from the material contained in the performance section of the flight manual. “C” means the licences of the members of the flight crew of the aircraft; “D” means one copy of the load sheet, if any, required by Article 28 of this Order in respect of the flight; “E” means one copy of each certificate of maintenance review, if any, in force in respect of the aircraft; “F” means the technical log, if any, in which entries are required to be made under Article 10; “G” means the certificate of registration in force in respect of the aircraft; “H” means the operation manual, if any, required by Article 25(2)(a)(iii) of this Order to be carried on the flight; “International air navigation” means any flight which includes passage over the territory of any country other than the Territory.

SCHEDULE 12 — PENALTIES

PART A— — PROVISIONS REFERRED TO IN ARTICLE 91(5)

Article of Order	Subject Matter
3	Aircraft flying unregistered
5	Aircraft flying with false or incorrect markings
9(1)(a)	Flight without appropriate maintenance
9(1)(b)	Flight without a certificate of maintenance review
10	Failure to keep a technical log
11	Flight without a certificate of release to service
13	Flight without required equipment
14	Flight without required radio equipment
15	Failure to keep log books
16	Requirement to weigh aircraft and keep weight schedule
18	Crew requirement
19	Requirement for appropriate licence
20(4) and (4)	Requirement for appropriate certificates
20(6)	Prohibition of flight after failure of test
20(7)(a)	Flight without valid medical certificate
20(8)	Flight in unfit condition
23	Instruction in flying without appropriate licence and rating
25	Operations manual requirement
26	Training manual requirement
27	Operator’s responsibilities in connection with crew
28	Requirements for loading aircraft
29	Operational restrictions on aircraft
30	Aerodrome operating minima—aircraft registered in the Territory
31	Aerodrome operating minima—foreign registered aircraft
32	Preflight action by commander of aircraft
33	Requirement for pilot to remain at controls
34	Duties of commander on flight for public transport of passengers
35	Requirements for radio station in aircraft to be licensed and for operation of same
36	Requirement for minimum navigation performance system
37	Use of flight recording systems and preservation of records
38	Towing of gliders
39	Towing, picking up and raising of persons and articles by aircraft
40 and 41	Dropping of articles and animals from aircraft
42	Requirement for aerial application certificate
44	Carriage of persons in or on any part of an aircraft not designed for that purpose
46	Requirement for exits and break-in markings
50	Prohibition of smoking in aircraft
51	Requirement to obey lawful commands of aircraft commander
52	Prohibition of stowaways
54(3)	Operator’s obligation to obtain flight time records of flight crew
55(2)	Flight crew member’s obligation to inform operator of flight times
56	Flight time limitations
64(2)	Breach of the Rules of the Air and Air Traffic Control
66 (except (4))	Requirement for licensing of air traffic controllers and aerodrome flight information service officers
67	Requirement for aerodrome information service manual
69	Flight in contravention of restriction of flying regulations
70	Flight by balloons, kites and airships
71	Requirement for licensed aerodrome
73(5)	Contravention of conditions of aerodrome licence
74	Use of radio equipment at aerodromes
75	Requirement to keep records at aerodromes
79	Use of aeronautical lights
80(1)	Prohibition of dangerous lights
80(2)	Failure to extinguish or screen dangerous lights
82(1) and (2)	Management of aviation fuel at aerodromes
86 (except (4))	Requirement to report occurrences
89	Obstruction of persons performing duties under the Order

PART B— — PROVISIONS REFERRED TO IN ARTICLE 91(6)

Article of Order	Subject Matter
6	Flight for the purpose of public transport without an air operator’s certificate
7	Flight without a certificate of airworthiness
43	Prohibition of carriage of weapons and munitions of war
44	Prohibition of carriage of dangerous goods
47	Endangering safety of aircraft
48	Endangering safety of persons or property
49	Prohibition of drunkenness in aircraft
54(1)	Operator’s obligation to regulate flight times of flight crew
54(2)	Operator’s obligation not to allow flight by crew in dangerous state of fatigue
55(1)	Crew’s obligation not to fly in dangerous state of fatigue
63 (except (3))	Use of false or unauthorised documents and records
82(3)	Use of aviation fuel which is unfit for use in aircraft
83	Restrictions with respect to carriage for hire or reward in aircraft registered outside the Territory
84	Restrictions of flights for aerial photography and survey by aircraft registered outside the Territory
85	Operators' or commanders' obligations in respect of flights over any foreign country
86(4)	Making false reports
87	Flight in contravention of direction not to fly

SCHEDULE 13 — RULES OF THE AIR AND AIR TRAFFIC CONTROL

SECTION I — INTERPRETATION

1

In these Rules, unless the context otherwise requires—

“Air traffic control clearance” means authorisation by an air traffic control unit for an aircraft to proceed under conditions specified by that unit.

“Anti-collision light” means: in relation to rotorcraft a flashing red light; in relation to any other aircraft a flashing red or flashing white light; and in either case showing in all directions for the purpose of enabling the aircraft to be more readily detected by the pilots of distant aircraft.

“Apron” means the part of an aerodrome provided for the stationing of aircraft for the embarkation and disembarkation of passengers, the loading and unloading of cargo and for parking.

“Ground visibility” means the horizontal visibility at ground level.

“IFR flight” means a flight conducted in accordance with the Instrument Flight Rules in Section VI of these Rules.

“Manoeuvring area” means the part of an aerodrome provided for the take-off and landing of aircraft and for the movement of aircraft on the surface, excluding the apron and any part of the aerodrome provided for the maintenance of aircraft.

“Runway” means an area, whether or not paved, which is provided for the take-off or landing run of aircraft.

“VFR Flight” means a flight conducted in accordance with the Visual Flight Rules in Section V of these Rules.

SECTION II — GENERAL

Application of Rules to aircraft

2

These Rules, in so far as they are applicable in relation to aircraft, shall, subject to the provisions of Rule 29 of these Rules, apply in relation to—

(a) all aircraft within the Territory; and

(b) all aircraft registered in the Territory, wherever they may be.

Misuse of Signals and Markings

3

(1) A signal or marking to which a meaning is given by these Rules, or which is required by these Rules to be used in circumstances or for a purpose therein specified, shall not be used except with that meaning, or for that purpose.

(2) A person in an aircraft or on an aerodrome or at any place at which an aircraft is taking off or landing shall not make any signal which may be confused with a signal specified in these Rules, and, except with lawful authority, shall not make any signal which he knows or ought reasonably to know to be a signal in use for signalling to or from any of Her Majesty’s naval, military or air force aircraft.

Reporting hazardous conditions

4

The commander of an aircraft shall, on meeting with hazardous conditions in the course of a flight, or as soon as possible thereafter, send to the appropriate air traffic control unit by the quickest means available information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.

Low flying

5

(1) Subject to the provisions of paragraphs (2) and (3) of this Rule:

(a) An aircraft other than a helicopter shall not fly over any congested area of a city, town or settlement below—

(i) such height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit and if such an aircraft is towing a banner such height shall be calculated on the basis that the banner shall not be dropped within the congested area; or

(ii) a height of 1,500 feet above the highest fixed object within 2,000 feet of the aircraft,

whichever is the higher.

(b) A helicopter shall not fly below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit.

(c) Except with the permission in writing of the Governor and in accordance with any conditions therein specified a helicopter shall not fly over a congested area of a city, town or settlement below a height of 1,500 feet above the highest fixed object within 2,000 feet of the helicopter.

(d) An aircraft shall not fly—

(i) over, or within 3,000 feet of, any assembly in the open air of more than 1,000 persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Governor and in accordance with any conditions therein specified and with the consent in writing of the organisers of the event; or

(ii) below such height as would enable it to alight clear of the assembly in the event of the failure of a power unit and if such an aircraft is towing a banner such height shall be calculated on the basis that the banner shall not be dropped within 3,000 feet of the assembly:

Provided that, where a person is charged with an offence under this Order by reason of a contravention of this sub-paragraph, it shall be a good defence to prove that the flight of the aircraft over, or within 3,000 feet of, the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly.

(e) An aircraft shall not fly closer than 500 feet to any person, vessel, vehicle or structure.

(a) The provisions of paragraphs (1)(a)(ii) and (1)(c) of this Rule shall not apply to an aircraft flying—

(i) on a route notified for the purposes of this Rule, or

(ii) on a special VFR flight as defined in Rule 23 of these Rules in accordance with instructions given for the purposes of that Rule by the appropriate air traffic control unit.

(b) Paragraphs (1)(d) and (e) of this Rule shall not apply to an aircraft which is being used for police purposes.

(c) Paragraphs (1)(d) and (e) of this Rule shall not apply to the flight of an aircraft over or within 3,000 feet of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race or contest or an exhibition of flying, if the aircraft is taking part in such race, contest or exhibition or is engaged on a flight arranged by, or made with the consent in writing of, the organisers of the event.

(d) Paragraph (1)(e) of this Rule shall not apply to—

(i) any aircraft while it is landing or taking off in accordance with normal aviation practice;

(ii) any glider while it is hill-soaring;

(iii) any aircraft while it is flying in accordance with proviso (f)

of Article 40(2) of this Order;

(iv) any aircraft while it is flying under and in accordance with the terms of an aerial application certificate granted to the operator thereof under Article 42 of this Order.

(v) any aircraft while it is flying for the purpose of picking up or dropping tow ropes, banners or similar articles at an aerodrome in accordance with article 39(2) or proviso (e) of article 40(2) of this Order.

(3) Nothing in this Rule shall prohibit an aircraft from flying in such a manner as is necessary for the purpose of saving life.

(4) Nothing in this Rule shall prohibit any aircraft from flying in accordance with normal aviation practice, for the purpose of taking off from, landing at or practising approaches to landing at, or checking navigational aids or procedures at, a Government aerodrome or a licensed aerodrome in the Territory or at any aerodrome in any other country:

Provided that the practising of approaches to landing shall be confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.

(5) Nothing in this Rule shall apply to any captive balloon or kite.

Simulated instrument flight

6

An aircraft shall not be flown in simulated instrument flight conditions unless—

(a) the aircraft is fitted with dual controls, which are functioning properly;

(b) an additional pilot (in this Rule called “a safety pilot”) is carried in a second control seat of the aircraft for the purpose of rendering such assistance as may be necessary to the pilot flying the aircraft; and

(c) if the safety pilot’s field of vision is not adequate both forward and to each side of the aircraft, a third person, being a competent observer, occupies a position in the aircraft which from his field of vision makes good the deficiencies in that of the safety pilot, and from which he can readily communicate with the safety pilot.

Practice Instrument Approaches

7

Within the Territory an aircraft shall not carry out instrument approach practice when flying in Visual Meteorological Conditions unless—

(a) the appropriate air traffic control unit has previously been informed that the flight is to be made for the purpose of instrument approach practice; and

(b) if the flight is not being carried out in simulated instrument flight conditions, a competent observer is carried in such a position in the aircraft that he has an adequate field of vision and can readily communicate with the pilot flying the aircraft.

SECTION III — LIGHTS AND OTHER SIGNALS TO BE SHOWN OR MADE BY AIRCRAFT

General

8

(1) For the purposes of this Section of these Rules the horizontal plane of a light shown in an aircraft means the plane which would be the horizontal plane passing through the source of that light, if the aircraft were in level flight.

(2) Where by reason of the physical construction of an aircraft it is necessary to fit more than one lamp in order to show a light required by this Section of these Rules, the lamps shall be so fitted and constructed that, so far as is reasonably practicable, not more then one such lamp is visible from any one point outside the aircraft.

(3) Where in these Rules a light is required to show through specified angles in the horizontal plane, the lamps giving such light shall be so constructed and fitted that the light is visible from any point in any vertical plane within those angles throughout angles of 90 degrees above and below the horizontal plane, but, so far as is reasonably practicable, through no greater angle, either in the horizontal plane or the vertical plane.

(4) Where in these Rules a light is required to show in all directions, the lamps giving such light shall be so constructed and fitted that, so far as is reasonably practicable, the light is visible from any point in the horizontal plane and on any vertical plane passing through the source of that light.

Display of lights by aircraft

9

(a) By night an aircraft shall display such of the lights specified in these Rules as may be appropriate to the circumstances of the case, and shall not display any other lights which might obscure or otherwise impair the visibility of, or be mistaken for, such lights.

(b) By day an aircraft fitted with an anti-collision light shall display such a light in flight.

(2) A flying machine on an aerodrome in the Territory shall:—

(a) display by night either the lights which it would be required to display when flying or the lights specified in rule 11(2)(c) of these Rules unless it is stationary on the apron or part of the aerodrome provided for the maintenance of aircraft;

(b) display when stationary on the apron by day or night with engines running a red anti-collision light, if fitted.

(3) Notwithstanding the provisions of this section of these Rules the commander of a aircraft may switch off or reduce the intensity of any flashing light fitted to the aircraft if such a light does or is likely to:

(a) adversely affect the performance of the duties of any member of the flight crew; or

(b) subject an outside observer to unreasonable dazzle.

10

(1) In the Territory, in the event of the failure of any light which is required by these Rules to be displayed at night, if the light cannot be immediately repaired or replaced the aircraft shall not depart from the aerodrome and, if in flight, shall land as soon as in the opinion of the commander of the aircraft it can safely do so, unless authorised by the appropriate air traffic control unit to continue its flight.

(2) In the Territory, in the event of a failure of an anti-collision light when flying by day, an aircraft may continue to fly by day provided that the light is repaired at the earliest practicable opportunity.

11

(1) A flying machine when flying at night shall display lights as follows:—

(a) in the case of a flying machine registered in the Territory having a maximum total weight authorised of more than 5700 kg or any other flying machine registered in the Territory which conforms to a type first issued with a type certificate on or after 1st January 1991 the system of lights in paragraph (2)(b) of this rule;

(b) in the case of a flying machine registered in the Territory which conforms to a type first issued with a type certificate before 1st January 1991 having a maximum total weight authorised of 5700 kg or less, any one of the following systems of lights:—

(i) that specified in paragraph (2)(a) of this rule, or that specified in paragraph (2)(b); or

(ii) that specified in paragraph (2)(d), excluding sub-paragraph (ii);

(2) The systems of lights referred to in paragraph (1) of this Rule are as follows:—

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