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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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(iv) not more than 50 per cent. of the reported wind component opposite to the direction of take-off or not less than 150 per cent. of the reported wind component in the direction of take-off.

(c) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units, if any, operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for safe flight stated in, or calculated from the information contained in, the operations manual to a point 1,000 feet above a place at which a safe landing can be made:

Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route or on any planned diversion therefrom at an altitude exceeding that at which it is capable of a rate of climb with all power units operating within the maximum continuous power conditions specified of 150 feet per minute and if it is necessary for it to be flown solely by reference to instruments, be capable, with one power unit inoperative, of a rate of climb of 100 feet per minute.

(d) The landing weight of the aeroplane for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it in intended to land and at any alternate aerodrome will not exceed the maximum landing weight specified—

(i) at which the aeroplane is capable, in the en-route configuration and with all power units operating within the specified maximum continuous power conditions, of a rate of climb of 700 feet per minute if it has retractable landing gear and of 500 feet per minute if it has fixed landing gear; and

(ii) at which the aeroplane is capable in the en-route configuration and if it is necessary for it to be flown solely by reference to instruments for any period after leaving the minimum altitude for safe flight on the last stage of the route to be flown, stated in, or calculated from the information contained in, the operations manual relating to the aeroplane and with one power unit inoperative, of a rate of climb of 150 feet per minute.

(e) The landing distance required does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 per cent. of the landing distance available on the most suitable runway for a landing in still air conditions, and for the purposes of this sub-paragraph the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to—

(i) the landing weight;

(ii) the altitude at the aerodrome; and

(iii) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome.

(2) An aeroplane designated as aforesaid as an aeroplane of performance group E shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1,000 feet and one nautical mile respectively:

Provided that the foregoing prohibition shall not apply if the aeroplane is capable, in the en-route configuration and with one power unit inoperative, of a rate of climb of 150 feet per minute.

Weight and performance of public transport aeroplanes classified as aeroplanes of performance group X in their certificates of airworthiness

8

With reference to Article 29(1) of this Order an aeroplane in respect of which there is in force under this Order a certificate of airworthiness designating the aeroplane as being of performance group X shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied:

(i) That weight does not exceed the maximum take-off weight specified for the altitude at the aerodrome at which the take-off is to be made, or for the altitude and the air temperature at such aerodrome, as the case may be.

(ii) The minimum effective take-off runway length required, specified as being appropriate to—

(a) the weight of the aeroplane at the commencement of the take-off run;

(b) the altitude at the aerodrome;

(d) the condition of the surface of the runway from which the take-off will be made;

(e) the overall slope of the take-off run available; and

(f) not more than 50 per cent. of the reported wind component opposite to the direction of take-off or not less than 150 per cent. of the reported wind component in the direction of take-off,

does not exceed the take-off run available at the aerodrome at which the take-off is to be made.

(iii)

(a) The take-off flight path with one power unit inoperative, specified as being appropriate to—

ithe weight of the aeroplane at the commencement of the take-off run;

iithe altitude at the aerodrome; and

iiinot more than 50 per cent. of the reported wind component opposite to the direction of take-off or not less than 150 per cent. of the reported wind component in the direction of take-off,

and plotted from a point 50 feet above the end of the minimum effective take-off runway length required at the aerodrome at which the take-off is to be made, shows that the aeroplane will thereafter clear any obstacle in its path by a vertical interval of not less than the greater of 50 feet or 35 feet plus one-hundredth of the distance from the point on the ground below the intended line of flight of the aeroplane nearest to the obstacle to the end of the take-off distance available, measured along the intended line of flight of the aeroplane.

(b) For the purpose of sub-paragraph (a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight does not exceed—

ia distance of 60 metres plus half the wing span of the aeroplane plus one-eighth of the distance from such point to the end of the take-off distance available measured along the intended line of flight; or

ii900 metres,

whichever is the less.

(c) In assessing the ability of the aeroplane to satisfy this condition, insofar as it relates to flight path, it shall not be assumed to make a change of direction of a radius less than the radius of steady turn corresponding to an angle of bank of 15 degrees.

(a) Subject to sub-paragraph (b), the weight of the aeroplane at any point on the route or any planned diversion therefrom, having regard to the fuel and oil expected to be consumed up to that point, shall be such that the aeroplane, with one power unit inoperative and the other power unit or units operating within the maximum continuous power conditions specified, will be capable of a rate of climb of at least K(Vso/100)² to the power of 2 feet per minute at an altitude not less than the minimum altitude for safe flight stated in or calculated from the information contained in the operations manual, where Vso is in knots and K has the value of 797-1060/N, N being the number of power units installed.

(b) As an alternative to (a) the aeroplane may be flown at an altitude from which, in the event of failure of one power unit, it is capable of reaching an aerodrome where a landing can be made in accordance with condition (3)(ii) in this Regulation relating to an alternate aerodrome. In that case the weight of the aeroplane shall be such that, with the remaining power unit or units operating within the maximum continuous power conditions specified, it is capable of maintaining a minimum altitude on the route to such aerodrome of 2,000 feet above all obstacles within 10 nautical miles on either side of the intended track:

Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the commander of the aeroplane will be able to maintain his intended track on that route within a margin of 5 nautical miles, the foregoing provisions of this sub-paragraph shall have effect as if 5 nautical miles were substituted therein for 10 nautical miles and

aathe rate of climb, specified for the appropriate weight and altitude, used in calculating the flight path shall be reduced by an amount equal to K(Vso/100)² to the power of 2 feet per minute;

bbthe aeroplane shall comply with the climb requirements of condition (2)(i)(a) at 1,000 feet above the chosen aerodrome;

ccaccount shall be taken of the effect of wind and temperature on the flight path; and

ddthe weight of the aeroplane may be assumed to be progressively reduced by normal consumption of fuel and oil.

(ii) An aeroplane having four power units shall, if any two power units become inoperative at any point along the route or any planned diversion therefrom, being a point more than 90 minutes flying time (assuming all power units to be operating) from the nearest aerodrome at which a landing can be made in compliance with condition (3)(ii) of this Regulation relating to an alternate aerodrome, be capable of continuing the flight at an altitude of not less than 1,000 feet above ground level to a point above that aerodrome. In assessing the ability of the aeroplane to satisfy this condition, it shall be assumed that the remaining power units will operate within the specified maximum continuous power conditions, and account shall be taken of the temperature and wind conditions expected for the flight.

(i) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude at the aerodrome at which it is intended to land and at any alternate aerodrome.

(ii) The required landing runway lengths respectively specified as being appropriate to the aerodromes of intended destination and the alternate aerodromes do not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on—

(a) the most suitable runway for landing in still air conditions; and

(b) the runway that may be required for landing because of the forecast wind conditions,

the required landing runway lengths being taken to be those specified as being appropriate to—

(aa) the landing weight;

(bb) the altitude at the aerodrome;

(cc) still air conditions in the case of the most suitable runway for a landing in still air conditions; and

(dd) not more than 50 per cent. of the forecast wind component opposite to the direction of landing or not less than 150 per cent. of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

Weight and performance of public transport helicopters classified as helicopters of Performance Group A in their Certificate of Airworthiness

9

With reference to Article 29(1) of this Order a helicopter registered in the Territory in respect of which there is in force under the Order a Certificate of Airworthiness in which the helicopter is designated as being of performance Group A shall not fly for the purpose of public transport unless the weight of the helicopter at the commencement of take-off is such that the following conditions are satisfied:

(1) The weight does not exceed the maximum take-off weight specified for the altitude and the air temperature at the site from which the take-off is to be made.

(2) The landing weight of the helicopter will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the site at which it is intended to land and at any alternate site.

Weight and performance of public transport helicopters classified as helicopters of Performance Group A (Restricted) in their Certificate of Airworthiness

10

With reference to Article 29(1) of this Order a helicopter registered in the Territory in respect of which there is in force under this Order a Certificate of Airworthiness in which the helicopter is designated as being of performance Group A (Restricted) shall not fly for the purpose of public transport when the cloud ceiling or visibility prevailing at the departure site and forecast for the estimated time of landing at the site at which it is intended to land and at any alternate site are less than 500 feet and 1000m respectively and shall not fly for the purpose of public transport at any other time unless the weight of the helicopter at the commencement of take-off is such that the following conditions are satisfied;

(1) The weight does not exceed the maximum take-off weight specified for the altitude and the air temperature at the site from which the take-off is to be made.

(2) The landing weight of the helicopter will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the site at which it is intended to land and at any alternate site.

Weight and performance of public transport helicopters classified as helicopters of Performance Group B in their Certificate of Airworthiness

11

With reference to Article 29(1) of this Order a helicopter registered in the Territory in respect of which there is in force under this Order a Certificate of Airworthiness in which the helicopter is designated as being of performance Group B shall not fly for the purpose of public transport at night or out of sight of the surface or when the cloud ceiling or visibility prevailing at the departure site and forecast for the estimated time of landing at the site at which it is intended to land are less than 600 feet and 1000m respectively and shall not fly for the purpose of public transport at any other time unless the weight of the helicopter at the commencement of take-off is such that the following conditions are satisfied—

(1) The weight does not exceed the maximum take-off weight specified for the altitude and the air temperature at the site at which the take-off is to be made.

(2) The landing weight of the helicopter will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the site at which it is intended to land and at any alternate site.

Noise and vibration caused by aircraft on aerodromes

12

With reference to Article 78 of this Order, the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft, shall be as follows, that is to say, that, whether in the course of the manufacture of the aircraft or otherwise—

(a) the aircraft is taking off or landing; or

(b) the aircraft is moving on the ground or water; or

(i) for the purpose of ensuring their satisfactory performance;

(ii) for the purpose of bringing them to a proper temperature in preparation for, or at the end of, a flight; or

(iii) for the purpose of ensuring that the instruments, accessories or other components of the aircraft are in a satisfactory condition.

Certificates of maintenance review and release to service-issue by maintenance engineers licensed by prescribed countries

13

With reference to Article 9(3)(a)(iii) and Article 11(6)(a)(iii) of the Order the following countries are hereby prescribed—

Anguilla	Kenya
Antigua and Barbuda	Kuwait
Australia	Malawi
Bahamas	Malaysia
Barbados	Montserrat
Belize	New Zealand
British Virgin Islands	Pakistan
State of Brunei	St. Christopher and Nevis
Burma	St Lucia
Canada	St. Vincent and the Grenadines
Cayman Islands	Singapore
Dominica	Republic of South Africa
Falkland Islands	Sri Lanka
Ghana	Sudan
Grenada	Tanzania
Guyana	Trinidad and Tobago
Hong Kong	Turks and Caicos Islands
India	Uganda
Republic of Ireland	United Kingdom
Jamaica	Zambia

Aeroplanes flying for the purpose of public transport of passengers-aerodrome facilities for approach to landing and landing

14

(1) This Regulation shall apply to every aeroplane registered in the Territory engaging on a flight for the purpose of the public transport of passengers on a scheduled journey and to every aeroplane so registered whose maximum total weight authorised exceeds 5,700 kg. engaging on such a flight otherwise than on a scheduled journey.

(2) For the purposes of Article 27(1)(c) of this Order, the following manning and equipment are prescribed in relation to aerodromes intended to be used for landing or as an alternate aerodrome by aircraft to which this Regulation applies—

(a) air traffic control service or aerodrome flight information service, including the reporting to aircraft of the current meteorological conditions at the aerodrome;

(b) very high frequency radiotelephony;

(c) at least one of the following radio navigation aids, either at the aerodrome or elsewhere, and in either case for the purpose of assisting the pilot in locating the aerodrome and in making an approach to landing there—

(i) radio direction finding equipment utilising emissions in the very high frequency bands;

(ii) a non-directional radio beacon transmitting signals in the low or medium frequency bands;

(iii) very high frequency omni-directional radio range;

(iv) radio navigation land stations forming part of the Decca radio navigation system;

(v) radar equipment.

It shall be sufficient if the equipment specified in sub-paragraph (c) is provided, even if for the time being it is not in operation.

(3) An aircraft to which this Regulation applies shall not land or make an approach to landing at any aerodrome unless services and equipment according with paragraph (2) of this Regulation are provided and are in operation at that aerodrome, and can be made use of by that aircraft, and, in the case of the navigation aids specified in sub-paragraph (c), items (i) to (iv), instructions and procedures for the use of the aid are included in the operations manual. A person shall be deemed not to have contravened the provisions of this paragraph if he proves that—

(a) for the time being use could not be made of the radio navigation aids provided under paragraph (2)(c) whether by reason of those aids not being in operation or of the unserviceability of equipment in the aircraft itself; and

(b) the approach to landing was made in accordance with instructions and procedures appropriate to that circumstance and included in the operations manual.

(4) An aircraft to which this Regulation applies shall be equipped with the equipment necessary to enable use to be made of at least one of the navigation aids specified in paragraph (2)(c) of this Regulation and in use for landing at the aerodrome, and in particular the equipment for use with the radio navigation land stations referred to in paragraph (2)(c)(iv) of this Regulation shall include a flight log designed to operate with that equipment and to display on a chart to the pilot at the controls of the aircraft a continuous and instantaneous pictorial plot of the path of the aircraft. Nothing in this paragraph shall require the duplication of any equipment carried in pursuance of any other provision of this Order or of any regulation made thereunder.

Pilot maintenance—prescribed repairs or replacements

15

With reference to Article 11(3) of this Order the following repairs or replacements are hereby prescribed—

(1) Replacement of landing gear tyres, landing skids or skid shoes;

(2) Replacement of elastic shock absorber cord units on landing gear where special tools are not required;

(3) Replacement of defective safety wiring or split pins excluding those in engine, transmission, flight control and rotor systems;

(4) Patch-repairs to fabric not requiring rib stitching or the removal of structural parts or control surfaces, if the repairs do not cover up structural damage and do not include repairs to rotor blades;

(5) Repairs to upholstery and decorative furnishing of the cabin or cockpit interior when repair does not require dismantling of any structure or operating system or interfere with an operating system or affect the structure of the aircraft;

(6) Repairs, not requiring welding, to fairings, non-structural cover plates and cowlings;

(7) Replacement of side windows where that work does not interfere with the structure or with any operating system;

(8) Replacement of safety belts or safety harness;

(9) Replacement of seats or seat parts not involving dismantling of any structure or of any operating system;

(10) Replacement of bulbs, reflectors, glasses, lenses or lights;

(11) Replacement of any cowling not requiring removal of the propeller, rotors or disconnection of engine or flight controls;

(12) Replacement of unserviceable sparking plugs;

(13) Replacement of batteries;

(14) Replacement of wings and tail surfaces and controls, the attachments of which are designed to provide for assembly immediately before each flight and dismantling after each flight;

(15) Replacement of main rotor blades that are designed for removal where special tools are not required;

(16) Replacement of generator and fan belts designed for removal where special tools are not required;

(17) Replacement of VHF communications equipment, being equipment which is not combined with navigation equipment.

Mandatory reporting—prescribed reportable occurrences, time and manner of reporting and information to be reported

16

(1) With reference to Article 86(1) of this Order, the following reportable occurrences are hereby prescribed, that is to say those—

(a) involving damage to an aircraft;

(b) involving injury to a person;

(c) involving the impairment during a flight of the capacity of a member of the flight crew of an aircraft to undertake the functions to which his licence relates;

(d) involving the use in flight of any procedures taken for the purpose of overcoming an emergency;

(e) involving the failure of an aircraft system or of any equipment of an aircraft;

(f) arising from the control of an aircraft in flight by its flight crew;

(g) arising from failure or inadequacy of facilities or services on the ground used or intended to be used for purposes of or in connection with the operation of aircraft;

(h) arising from the loading or the carriage of passengers, cargo (including mail) or fuel;

and those which are not referred to in sub-paragraphs (a) to (h) of this paragraph of this Regulation but which, in the opinion of a person referred to in sub-paragraphs (a) to (e) of Article 86(1) of this Order, constitute an occurrence endangering, or which if not corrected would endanger, the safety of an aircraft, its occupants or any other person.

(2) For the purposes of this Regulation, an aircraft system includes the flight control, power plant, fuel, hydraulic, pneumatic, pressurisation, electrical, navigation and any other system of the aircraft.

(3) With reference to Article 86(1) of this Order, it is hereby prescribed that a report containing the information referred to in paragraph (4) of this Regulation shall be despatched in writing and by the quickest available means to the Governor within 96 hours of the reportable occurrence coming to the knowledge of the person making the report:

Provided that, if at that time any of the said information is not in the possession of that person, he shall despatch that information to the Governor in writing and by the quickest available means within 96 hours of coming into his possession.

(4) With reference to Article 86(1) of this Order, a report shall, as far as possible, contain the following information:

(a) the type, series and registration marks of the aircraft concerned;

(b) the name of the operator of the aircraft;

(d) if the person making the report has instituted an investigation into the reportable occurrence, whether or not this has been completed;

(e) a description of the reportable occurrence, including its effects and any other relevant information;

(f) in the case of a reportable occurrence which occurs during flight—

(i) the Greenwich Mean Time of the occurrence;

(ii) the last point of departure and the next point of intended landing of the aircraft at that time;

(iii) the geographical position of the aircraft at that time;

(g) in the case of a defect in or malfunctioning of an aircraft or any part or equipment of an aircraft, the name of the manufacturer of the aircraft, part or equipment, as the case may be, and, where appropriate, the part number and modification standard of the part or equipment and its location on the aircraft;

(h) the signature and name in block capitals of the person making the report, the name of his employer and the capacity in which he acts for that employer;

(i) in the case of a report made by the commander of an aircraft or a person referred to in sub-paragraph (c) or (d) of Article 86(1) of this Order the address or telephone number at which communications should be made to him, if different from that of his place of employment.

17

(1) With reference to Article 36 of this Order the following navigation performances capability is hereby prescribed, that is to say, a capability to ensure that—

(a) the standard deviation of lateral errors in the track of the aircraft is not more than 6.3 nautical miles; and

(b) the proportion of the flight time of the aircraft during which the actual track of the aircraft is 30 nautical miles or more off the track along which it has been given an air traffic control clearance to fly is less than 5.3 × 10−4 to the power of 4; and

(c) the proportion of the flight time of the aircraft during which the actual track of the aircraft is between 50 and 70 nautical miles off the track along which it has been given an air traffic control clearance to fly is less than 13 × 10−5 to the power of 5.

(2) For the purposes of Article 36 of this Order the following airspace is hereby prescribed, that is to say, the airspace from flight level 275 to flight level 400 within the area defined by rhumb lines joining successively the following points—

34 degrees 10'N 17 degrees 48"W	65 degrees 00'N 60 degrees 00"W
36 degrees 30'N 15 degrees 00"W	64 degrees 00'N 63 degrees 00"W
42 degrees 00'N 15 degrees 00"W	61 degrees 00'N 63 degrees 00"W
43 degrees 00'N 13 degrees 00"W	57 degrees 00'N 59 degrees 00"W
45 degrees 00'N 13 degrees 00"W	53 degrees 00'N 54 degrees 00"W
45 degrees 00'N 08 degrees 00"W	49 degrees 00'N 51 degrees 00"W
51 degrees 00'N 08 degrees 00"W	45 degrees 00'N 51 degrees 00"W
51 degrees 00'N 15 degrees 00"W	45 degrees 00'N 53 degrees 00"W
54 degrees 00'N 15 degrees 00"W	43 degrees 36'N 60 degrees 00"W
54 degrees 34'N 10 degrees 00"W	41 degrees 52'N 67 degrees 00"W
61 degrees 00'N 10 degrees 00"W	39 degrees 00'N 67 degrees 00"W
61 degrees 00'N 00 degrees 00"	38 degrees 35'N 68 degrees 53"W
82 degrees 00'N 00 degrees 00"	38 degrees 30'N 69 degrees 15"W
82 degrees 00'N 30 degrees 00"E	38 degrees 30'N 60 degrees 00"W
North Pole	27 degrees 00'N 60 degrees 00"W
82 degrees 00'N 60 degrees 00"W	27 degrees 00'N 25 degrees 00"W
78 degrees 00'N 75 degrees 00"W	30 degrees 00'N 25 degrees 00"W
76 degrees 00'N 76 degrees 00"W	30 degrees 00'N 20 degrees 00"W
65 degrees 00'N 57 degrees 45"W	31 degrees 39'N 17 degrees 25"W;

thence by that part of the arc of a circle radius 100 nautical miles centred on 33 degrees 04'N 16 degrees 21"W to 34 degrees 10'N 17 degrees 48"W.

ANNEX — WEIGHT AND PERFORMANCE OF PUBLIC TRANSPORT AEROPLANES HAVING NO PERFORMANCE GROUP CLASSIFICATION IN THEIR CERTIFICATES OF AIRWORTHINESS

Conditions (1) and (2) apply to all aeroplanes to which Regulation 3 applies;

Conditions (3) to (10) apply to all aeroplanes to which Regulation 3 applies—

(i) of which the specified maximum total weight authorised exceeds 5,700 kg., or

(ii) of which the specified maximum total weight authorised does not exceed 5,700 kg. and which comply with neither condition (1)(a) nor condition (1)(b);

Conditions (11) to (18) inclusive apply to all aeroplanes to which Regulation 3 applies of which the specified maximum total weight authorised does not exceed 5,700 kg., and which comply with condition (1)(a) or condition (1)(b) or with botH those conditions.

All aeroplanes

(1) Either—

(a) the wing loading of the aeroplane does not exceed 20lb. per square foot; or

(b) the stalling speed of the aeroplane in the landing configuration does not exceed 60 knots; or

(c) the aeroplane, with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, is capable of a gradient of climb of at least 1 in 200 at an altitude of 5,000 feet in the specified international standard atmosphere.

(2) The weight of the aeroplane at the commencement of the take-off run does not exceed the maximum take-off weight, if any, specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made.

Aeroplanes of a specified maximum total weight authorised exceeding 5,700 kg. and aeroplanes of a specified maximum total weight authorised not exceeding 5,700 kg. which comply with neither condition (1)(a) nor condition (1)(b)

(a) The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, does not exceed the take-off run available at the aerodrome at which the take-off is to be made.

(b) The distance required by the aeroplane to attain a height of 50 feet with all power units operating within the maximum take-off power conditions specified, when multiplied by a factor of either 1.33 for aeroplanes having two power units or by a factor of 1.18 for aeroplanes having four power units, does not exceed the emergency distance available at the aerodrome at which the take-off is to be made.

(c) For the purposes of sub-paragraphs (a) and (b) the distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to—

(i) the weight of the aeroplane at the commencement of the take-off run;

(ii) the altitude at the aerodrome;

(iii) the air temperature at the aerodrome;

(iv) the condition of the surface of the runway from which the take-off will be made;

(v) the slope of the surface of the aerodrome in the direction of take-off over the take-off run available and the emergency distance available, respectively; and

(vi) not more than 50 per cent. of the reported wind component opposite to the direction of take-off or not less than 150 per cent. of the reported wind component in the direction of take-off.

(a) The take-off flight path with one power unit inoperative and the remaining power unit or units operating within the maximum take-off power conditions specified, appropriate to—

(i) the weight of the aeroplane at the commencement of the take-off run;

(ii) the altitude at the aerodrome;

(iii) the air temperature at the aerodrome;

(iv) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent. of the reported wind component in the direction of take-off,

and plotted from a point 50 feet above the end of the appropriate factored distance required for take-off under condition (3)(b) of this Annex at the aerodrome at which the take-off is to be made, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet except that if it is intended that an aeroplane shall change its direction by more than 15 degrees the vertical interval shall be not less than 50 feet during the change of direction.

(b) For the purpose of sub-paragraph (4)(a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight does not exceed—

(i) a distance of 60 metres plus half the wing span of the aeroplane, plus one-eighth of the distance from such point to the end of the take-off distance available, measured along the intended line of flight; or

(ii) 900 metres

whichever is the less.

(c) In assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than a radius of steady turn corresponding to an angle of bank of 15 degrees.

(5) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of continuing the flight clearing obstacles within 10 nautical miles either side of the intended track by a vertical interval of at least—

(a) 1,000 feet when the gradient of the flight path is not less than zero; or

(b) 2,000 feet when the gradient of the flight path is less than zero,

to an aerodrome at which it can comply with condition (9), and on arrival over such aerodrome the flight path shall have a gradient of not less than zero at 1,500 feet above the aerodrome.

For the purpose of this condition the gradient of climb of the aeroplane shall be taken to be one per cent. less than that specified.

(6) The aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or on any planned diversion therefrom, be capable of climbing at a gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions, specified at the following altitudes—

(a) the minimum altitudes for safe flight on each stage of the route to be flown or of any planned diversion therefrom specified in, or calculated from the information contained in, the operations manual relating to the aeroplane; and

(b) the minimum altitudes necessary for compliance with conditions (5) and (7), as appropriate.

(7) If, on the route to be flown or any planned diversion therefrom, the aeroplane will be engaged in a flight over water during which at any point it may be more than 90 minutes flying time in still air from the nearest shore, it will in the event of two power units becoming inoperative during such time and with the other power unit or units operating within the maximum continuous power conditions specified be capable of continuing the flight having regard to the meteorological conditions expected for the flight, clearing all obstacles within 10 nautical miles either side of the intended track by a vertical interval of at least 1,000 feet, to an aerodrome at which a safe landing can be made.

(8) The landing weight of the aeroplane will not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

(9) The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land, exceed 60 per cent. of the landing distance available on—

(i) the most suitable runway for a landing in still air conditions; and

(ii) the runway that may be required for landing because of the forecast wind conditions; provided that if an alternate aerodrome is designated in the flight plan the landing distance required at the aerodrome at which it is intended to land shall not exceed 70 per cent. of that available on the runway.

The distance required to land from a height of 50 feet shall be taken to be that appropriate to—

(a) the landing weight;

(b) the altitude at the aerodrome;

(i) a level surface in the case of runways usable in both directions;

(ii) the average slope of the runway in the case of runways usable in only one direction; and

(i) still air conditions in the case of the most suitable runway for a landing in still air conditions; and

(ii) not more than 50 per cent. of the forecast wind component opposite to the direction of landing or not less than 150 per cent. of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

(10) The distance required by the aeroplane to land from a height of 50 feet does not, at any alternate aerodrome, exceed 70 per cent. of the landing distance available on—

(i) the most suitable runway for a landing in still air conditions; and

(ii) the runway that may be required for landing because of the forecast wind conditions.

For the purpose of this condition the distance required to land from a height of 50 feet shall be determined in the manner provided in condition (9).

Aeroplanes of a specified maximum total weight authorised not exceeding 5,700 kg. and which comply with either condition (1)(a) or condition (1)(b), or with both these conditions

(11) If the aeroplane is engaged in a flight at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome of destination or at any alternate aerodrome are less than 1,000 feet and one nautical mile respectively, it will, with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, be capable of climbing at a gradient of at least 1 in 200 at an altitude of 2,500 feet in the specified international standard atmosphere.

(12)

(a) The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, does not exceed the take-off run available at the aerodrome at which the take-off is to be made;

(b) The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, when multiplied by a factor of l.33 does not exceed the emergency distance available at the aerodrome at which the take-off is to be made;

(c) For the purposes of sub-paragraphs (a) and (b) the distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to—

(i) the weight of the aeroplane at the commencement of the take-off run;

(ii) the altitude at the aerodrome;

(iii) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome or, if greater, the air temperature at the aerodrome less 15 degrees centigrade;

(iv) the slope of the surface of the aerodrome in the direction of take-off over the take-off run available and the emergency distance available respectively; and

(v) not more than 50 per cent. of the reported wind component opposite to the direction of take-off or not less than 150 per cent. of the reported wind component in the direction of take-off.

(13) The take-off flight path, with all power units operating within the maximum take-off power conditions specified, appropriate to—

(i) the weight of the aeroplane at the commencement of the take-off run;

(ii) the altitude at the aerodrome;

(iii) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome, or, if greater, the air temperature at the aerodrome less 15 degrees centigrade; and

(iv) not more than 50 per cent. of the reported wind component opposite to the direction of take-off or not less than 150 per cent. of the reported wind component in the direction of take-off,

and plotted from a point 50 feet above the end of the factored distance required for take-off under condition (12)(b), at the aerodrome at which the take-off is to be made, shows that the aeroplane will clear any obstacle lying within 60 metres plus half the wing span of the aeroplane on either side of its path by a vertical interval of at least 35 feet. In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius less than a radius of steady turn corresponding to an angle of bank of 15 degrees.

(14) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units, if any, operating within the maximum continuous power conditions specified, be capable of continuing the flight so as to reach a point above a place at which a safe landing can be made at a suitable height for such landing.

(15) The aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or any planned diversion therefrom, be capable of climbing at a gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions specified at the following altitudes—

(a) the minimum altitudes for safe flight on each stage of the route to be flown or on any planned diversion therefrom specified in, or calculated from, the information contained in the operations manual relating to the aeroplane; and

(b) the minimum altitudes necessary for compliance with condition (14).

(16) If on the route to be flown or any planned diversion therefrom the aeroplane will be engaged in a flight over water during which at any point it may be more than 30 minutes flying time in still air from the nearest shore, it will, in the event of one power unit becoming inoperative during such time and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of climbing at a gradient of at least 1 in 200 at an altitude of 5,000 feet in the specified international standard atmosphere.

(17) The landing weight of the aeroplane will not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

(18) The distance required by the aeroplane to land from a height of 50 feet does not at the aerodrome at which it is intended to land and at any alternate aerodrome exceed 70 per cent., or, if a visual approach and landing will be possible in the meteorological conditions forecast for the estimated time of landing, 80 per cent., of the landing distance available on—

(i) the most suitable runway for a landing in still air conditions; and

(ii) the runway that may be required for landing because of the forecast wind conditions,

the distance required to land from a height of 50 feet being taken to be that appropriate to:—

(a) the landing weight;

(b) the altitude at the aerodrome;

ia level surface in the case of runways usable in both directions;

iithe average slope of the runway in the case of runways usable in only one direction; and

istill air conditions in the case of the most suitable runway for a landing in still air conditions;

iinot more than 50 per cent. of the forecast wind component opposite to the direction of landing or not less than 150 per cent. of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

Citation

1

These Regulations may be cited as the Air Navigation (Dangerous Goods) Regulations.

Interpretation

2

(1) In these Regulations:—

“consignment” means one or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address for delivery to one consignee at one destination address and in respect of which there is not more than one air waybill;

“dangerous goods” means any article or substance which is capable of posing significant risk to health, safety or property when carried by air and which is classified in Part 2 of the Technical Instructions;

“dangerous goods transport document” means a document, not being an air waybill, which is required by Regulation 4 of these Regulations to accompany a consignment of dangerous goods;

“package” means the packaging and the articles and substances contained therein including one or more packages which have been consolidated by one shipper into one container or enclosure for convenience in handling;

“packing” means the art and operation whereby articles and substances are wrapped up, enclosed in containers or otherwise secured, and “packed” shall be construed accordingly;

“Technical Instructions” means the 1989-1990 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation;

“unit load device” means any type of freight container including any container designed for loading on an aircraft.

(2) For the avoidance of doubt, any instructions or limitations contained in the Technical Instructions for the carriage of dangerous goods on passenger or cargo aircraft, as therein defined, shall for the purpose of these Regulations be interpreted as applying also to the carriage of such goods beneath passenger or cargo aircraft respectively.

Carriage of dangerous goods

3

(1) An aircraft shall not carry or have loaded therein or suspended thereunder any dangerous goods, unless such goods are carried, loaded or suspended:

(a) with the written permission of the Governor and in accordance with any conditions to which such permission may be subject; and

(b) in accordance with the Technical Instructions and any conditions specified therein.

(2) A person shall not:

(a) take or cause to be taken on board,

(b) suspend or cause to be suspended beneath, or

an aircraft any goods which he knows or ought to know or suspect to be dangerous goods unless the provisions of these Regulations are complied with.

(3) These Regulations shall not apply to dangerous goods of a type specified in Chapters 2.3 and 2.4.2 of Part 1 of the Technical Instructions which are carried, loaded or suspended in accordance with the provisions of the aforesaid Chapters 2.3 and 2.4.2:

(a) for the purpose of ensuring the proper navigation or safety of the aircraft; or

(b) solely for the personal use of the passengers and crew members of the aircraft.

(4) Save for Regulations 4(1)(a), 8(1) (but only to the extent that it refers to the provisions in Chapter 2.1 of Part 5 of the Technical Instructions) and 8(2) of these Regulations, these Regulations shall not apply to dangerous goods of the classifications specified in Chapter 2.5 of Part I of the Technical Instructions provided that:

(a) the dangerous goods do not exceed the appropriate quantity limitations specified therein; and

(b) such other conditions as are specified therein are complied with.

Documentation

4

(1) An aircraft shall not carry dangerous goods as cargo unless the shipper of the goods has furnished the operator of the aircraft with a dangerous goods transport document, except that such a document shall not be required in respect of such categories of dangerous goods as may be specified in the Technical Instructions as being goods in respect of which a dangerous goods transport document is not required.

(2) The dangerous goods transport document shall be completed in duplicate by the shipper and shall:

(a) describe the dangerous goods in accordance with and contain such information as is required by the provisions of Chapter 4.1 of Part 4 of the Technical Instructions;

(b) contain a signed declaration that the Technical Instructions have been complied with in that the dangerous goods—

(i) are fully and accurately described, and

(ii) are correctly classified, packed, marked and labelled, and

(iii) are in a proper condition for carriage by air.

(3) The operator of an aircraft shall preserve for not less than six months any dangerous goods transport document which has been furnished to him in accordance with this Regulation.

Shipper’s responsibilities

5

Before consigning any package containing dangerous goods for carriage by air the shipper shall ensure that:

(a) the goods are not of a category whose carriage by air is prohibited by the provisions of Chapters 2.1 and 2.2 of Part 1 of the Technical Instructions;

(b) the goods are classified and packed in accordance with Parts 2 and 3 of the Technical Instructions and the packagings used are in accordance with such provisions of Part 7 of the Technical Instructions as apply to the goods;

(c) the package is marked and labelled in accordance with such provisions of Chapter 11 of Part 2 and Part 3 as relate to marking and labelling and in accordance with Chapters 2 and 3 of Part 4 of the Technical Instructions;

(d) the package is in a fit condition for carriage by air;

(e) the dangerous goods transport document required by Regulation 4 of these Regulations has been completed and that the declaration therein has been signed by him.

Operator’s responsibilities

6

(1) The operator of an aircraft in which any package or unit load device containing dangerous goods is to be carried shall satisfy himself by making an inspection:

(a) that the package is marked and labelled in accordance with the provisions of these Regulations, such provisions of Chapter 11 of Part 2 and Part 3 as relate to marking and labelling and Chapters 2 and 3 of Part 4 of the Technical Instructions before accepting the package;

(b) that the package is not leaking or damaged so that the contents may escape—

(i) before accepting the package;

(ii) before loading or causing the package to be loaded on board the aircraft or before suspending or causing the package to be suspended beneath the aircraft, as the case may be;

(iii) upon unloading the package from or from beneath the aircraft;

(c) that the unit load device is free from any evidence of leakage from or damage to any dangerous goods contained therein before loading or causing the unit load device to be loaded on board the aircraft or before suspending or causing the unit load device to be suspended beneath the aircraft, as the case may be.

(a) For the purpose of each of the inspections required by paragraphs (1)(a) and (1)(b)(i) of this regulation, the operator of an aircraft shall use an acceptance check list and shall record thereon and in accordance with the form thereof the results of that inspection.

(b) The acceptance check list shall be in such form and shall provide for the entry of such details as will enable the relevant inspection to be fully and accurately made by reference to and completion of that document.

(c) The Operator of an aircraft shall preserve for not less than six months any acceptance check list used by him in accordance with this regulation.

(3) The operator shall not load or cause to be loaded on an aircraft or suspend or cause to be suspended beneath an aircraft any package or unit load device containing dangerous goods which on inspection is found to be leaking or damaged so that the contents or the dangerous goods therein may escape or be damaged.

(4) The operator shall unload or cause to be unloaded any package containing dangerous goods which appears to be leaking or damaged on board or beneath an aircraft and shall ensure that other cargo or baggage loaded on or suspended beneath that aircraft is in a fit state for carriage by air and has not been contaminated.

(5) The operator shall after unloading inspect for signs of damage or contamination any part of the aircraft, or any sling or other apparatus which has been used to suspend goods beneath the aircraft, in which:

(a) a unit load device containing dangerous goods was stowed, or

(b) any damaged or leaking package containing dangerous goods was loaded,

and the operator shall remove or repair any contamination or damage.

(6) The operator of an aircraft shall not permit it to fly for the purpose of carrying passengers or cargo if he knows or suspects radioactive materials to have leaked in or contaminated the aircraft or any sling or other apparatus attached to the aircraft unless the radiation level resulting from the fixed contamination at any accessible surface and the non-fixed contamination are less than the values specified in Chapter 3.2 of Part 5 of the Technical Instructions.

Method of loading by operator

7

(1) The operator shall ensure that any package containing dangerous goods is loaded, stowed and unloaded from or from beneath an aircraft in accordance with the provisions in Chapter 2 of Part 5 of the Technical Instructions which apply to that category of dangerous goods.

(2) An aircraft shall not carry any dangerous goods either in any compartment occupied by passengers or in the flight crew compartment, except in circumstances permitted by the provisions of Chapter 2.1 of Part 5 of the Technical Instructions.

Provision of information and training programmes by operators and shippers

8

(1) The operator of an aircraft in which dangerous goods are to be carried shall, before the flight begins, provide the commander of the aircraft with written information specifying the matters required by the provisions of Chapter 4.1 of Part 5 of the Technical Instructions and shall preserve a copy thereof for not less than six months.

(2) The operator of an aircraft in which passengers are to be carried or his agent shall notify them of the categories of dangerous goods which may not be taken on board an aircraft either as checked baggage or accompanying a passenger by displaying notices at places at an airport where the operator or his agent issues tickets, checks in baggage or maintains areas to assemble passengers to board the aircraft.

(3) The operator of an aircraft and a shipper of dangerous goods by air or, in each case, the agent thereof shall inform any employees whose duties include a function connected with the carriage of passengers or cargo by air of the provisions of the Technical Instructions and for this purpose shall establish and undertake training programmes, as required by Chapter 1 of Part 6 of the Technical Instructions, which shall be submitted to the Governor for approval on such occasions as the Governor may require and which shall be amended as the Governor may require.

Production of documents and records

9

The operator of an aircraft shall, within a reasonable time after being requested so to do by an authorised person, cause to be produced to that person such of the following documents as may have been requested by that person:

(a) the written permission referred to in regulation 3(1) of these Regulations;

(b) the dangerous goods transport document in respect of any dangerous goods, referred to in regulation 4 of these Regulations;

(d) a copy of the written information provided to the commander of the aircraft in respect of any dangerous goods, referred to in regulation 8(1) of these Regulations.

Dropping articles for agricultural, horticultural or forestry purposes

10

Subject to the provisions of regulation 3(1)(a) of these Regulations, nothing in these Regulations shall apply to any aircraft flying in order to drop articles for the purpose of agriculture, horticulture or forestry.

SCHEDULE 16 — Territories to which this Order applies

Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

British Virgin Islands

Cayman Islands

Falkland Islands

Gibraltar

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

St. Helena

St. Helena Dependencies (Tristan da Cunha and Ascension Island)

South Georgia and the South Sandwich Islands

Sovereign Base Areas of Akrotiri and Dhekelia

Turks and Caicos Islands

The following Table shows, in relation to each Article of this Order, the corresponding Article in the Air Navigation (Overseas Territories) Order 1977, as amended.

This Order	1977 Order, as amended
1	1
2	2
3	3
4	4
5	5
6	6
7	7
8	8 (as amended in 1978)
9	9
10	—
—	10
11	11 (as amended in 1978)
12	12
13	13
14	14
15	15 (as amended in 1978)
16	16
17	17
18	18 (as amended in 1978)
19	19 (as amended in 1978)
20	20 (as amended in 1978)
21	21
22	22
23	23 (as amended in 1978)
24	24
25	25 (as amended in 1978)
26	26
27	27
28	28 (as amended in 1978)
29	29 (as amended in 1978)
30	30
31	31
32	32
33	33 (as amended in 1978)
34	34
33A	—
35	35
36	35A (as amended in 1978)
37	37 (as amended in 1978)
38	37
39	38 (as amended in 1978)
40	39 (as amended in 1978)
41	—
42	39A (as amended in 1978)
43	40 (as amended in 1978)
44	41
45	42
46	43
47	44
48	45
49	46
50	47
51	48
52	49
53	50
54	51
55	52
56	53
57	54
58	55
59	56
60	—
61	57
62	58
62A	—
63	59
64	60
65	61 (as amended in 1978)
66	62 (as amended in 1978)
67	62A (as amended in 1978)
68	63 (as amended in 1978)
69	64
70	65
71	68
72	67
73	68
74	69
75	70
76	71
77	72
78	73
79	74
80	75
81	76
82	76A (as amended in 1978)
83	—
—	83
84	78
85	—
86	79
87	80
88	81
89	82
90	83
91	84 (as amended in 1977)
92	85
93	86
94	87
95	88
96	89
97	90
98	91
99	92 (as amended in 1978)
100	93
101	94

Signed

G I de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order supersedes the Air Navigation (Overseas Territories) Order 1977 (S.I. 1977/422), as amended (S.I. 1977/820, and S.I. 1978/1520).

The Order is based closely on the Air Navigation Order 1985 (S.I. 1985/1643), as amended (S.I. 1986/2238).

The main difference between this Order and the Air Navigation Order is that this Order contains the Rules of the Air and Air Traffic Control (Schedule 13), the Air Navigation (General) Regulations (Schedule 14) and the Air Navigation (Dangerous Goods) Regulations (Schedule 15), instead of these being prescribed by the Secretary of State as in the United Kingdom.

The Table of Comparison specifies the corresponding Article numbers of the Air Navigation (Overseas Territories) Order 1977, as amended.

In addition to some minor and drafting amendments, the following changes are made:

(1) The Governor may now keep the register of aircraft in the Territory on computer provided that the particulars so recorded can be reproduced in a legible form (Article 4(1)).

(2) A certificate of airworthiness now becomes invalid if an inspection required by the maintenance schedule approved by the Governor in respect of the aircraft has not been carried out. (Article 8(7)).

(3) Certificates of maintenance are now replaced by certificates of maintenance review which must certify not only that an aircraft has been maintained in accordance with the maintenance schedule approved by the Governor in respect of the aircraft but also that the aircraft has been inspected and modified as required by the Governor, that defects entered in the technical log of the aircraft have been rectified or deferred in accordance with procedures approved by the Governor and that certificates of release to service have been issued in respect of the overhaul, repair, replacement, modification, maintenance or inspection of the aircraft. Every aircraft registered in the Territory which has a certificate of airworthiness in the transport or aerial work category, whether or not it is in fact flying for purposes of public transport or aerial work, is now prohibited from flying unless it has been maintained in accordance with a maintenance schedule approved by the Governor and it has a valid certificate of maintenance review. An aircraft is no longer permitted to fly solely for training purposes if the radio station has not been maintained in accordance with the approved maintenance schedule or if there is no certificate of maintenance review in force in respect of the radio station. (Article 9).

(4) A technical log must now be kept for any aircraft registered in the Territory which has a certificate of airworthiness in the transport or aerial work category, whether or not it is in fact flying for the purpose of public transport or aerial work. The commander of the aircraft need not now include in the details recorded in the technical log particulars of any defect which does not affect the airworthiness or safe operation of the aircraft, but he must include any other particulars which the Governor may require in respect of the airworthiness or operation of the aircraft. In the case of an aircraft whose maximum total weight authorised does not exceed 2,730 kg. and which is not operated by a person who holds or is required to hold an air operator’s certificate, the details may, instead of being entered in the technical log, be entered in some other record approved by the Governor. (Article 10).

(5) Certificates of compliance are now replaced by certificates of release to service which must be issued not only when a part of an aircraft or its equipment has been inspected, overhauled, repaired, replaced or modified but also when the aircraft has been maintained. The dispensation for owners and operators of small aircraft doing prescribed repairs is now confined to aircraft in the private and special categories. (Article 11).

(6) The privileges attaching to an aircraft maintenance engineer’s licence are no longer specified in the Order but are specified in the licence itself. The maximum period of validity of such a licence is extended to 5 years. For the avoidance of doubt it is expressly provided that the Governor may approve courses of training or instruction, persons to provide such courses, persons as qualified to furnish reports to him and the Governor may authorise persons to conduct examinations and tests specified by him in relation to the functions of the Governor in licensing aircraft maintenance engineers (Article 12).

(7) Individual safety leaflets containing pictorial information and instructions are now required to be provided for each passenger on a public transport aircraft registered in the Territory unless the Governor has given written permission for a notice or notices to be exhibited in each passenger compartment. (Article 13(5)).

(8) From 1st January 1992 aeroplanes of 5700 kg or less flying for the purpose of public transport under Instrument Flight Rules must carry two qualified pilots if they are multi-engined or powered by turbine jet or powered by one or more turbine propeller engines and pressurised. Unpressurised turbo prop aircraft which may only carry less than ten passengers and piston engined aircraft may carry only one pilot provided that the aircraft is fitted with an approved auto-pilot (Article 18(3)).

(9) Cabin attendants must be carried by any aircraft flying for the purpose of public transport on which at least twenty passengers are actually carried or which is capable of carrying at least thirty six passengers and actually carries at least one passenger. The number of cabin attendants required varies with the number of passenger seats installed in the aircraft although a lesser number of attendants may be carried with the permission of the Authority (Article 18(7)).

(10) From 1st July 1990 the holder of a pilot’s licence issued outside the Territory will no longer be entitled either to act by virtue of the privileges of that licence as a pilot of an aircraft registered in the Territory and flying in the Territory’s controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying in an aircraft registered in the Territory. (Article 19(3)).

(11) For the avoidance of doubt it is expressly provided that the Governor may approve courses of training or instruction, persons to provide such courses, and persons as qualified to furnish reports to him and the Governor may also authorise persons to conduct examinations and tests specified by him in relation to the functions of the Governor in licensing flight crews. (Article 20(11)).

(12) The holder of a personal flying log book is now required to record particulars of a flight at the end of a flight or as soon as practicable thereafter and the particulars to be recorded now include the date and places of embarkation on and disembarkation from an aircraft and the times during which he acted either as a member of the flight crew thereof or for the purpose of qualifying for the grant or renewal of a licence. For the purposes of the holder of a personal flying log book recording particulars therein and for the purposes of recording the flight times during which a person acted as a member of the flight crew of a helicopter, a helicopter is now deemed to be in flight from the moment it first moves under its own power for the purpose of taking off until the rotors are next stopped. (Articles 22 and 53(3)).

(13) The operator of an aircraft flying for the purpose of public transport must ensure that cabin baggage can be properly secured and if the aircraft is capable of seating more than 30 passengers the baggage carried in the cabin must not exceed the capacity of the stowage spaces approved by the Governor. The commander of an aircraft must take all reasonable steps to ensure that cabin baggage is properly secured and in the case of an aircraft flying for the purpose of public transport and capable of seating more than 30 passengers, that such baggage is stowed in approved stowage spaces. (Articles 28(6) and 34(2)(e)).

(14) Commanders of aircraft flying for the purpose of public transport are now required to confirm that they have the appropriate runway visual range at the time at which they descend below 1,000 feet above the height of the aerodrome at which they intend to land and to establish and maintain the appropriate visual reference once they are below the appropriate decision height or minimum descent height. Decision height is now defined in terms of a precision approach, which is itself now defined. Minimum descent height is defined in terms of a non-precision approach which is also now defined. A revised definition of runway visual range allows for it to be calculated by either human observation or instruments and from the touchdown zone or the midpoint of the runway. (Articles 30, 31 and 96(1)).

(15) The crew of helicopters flying over water in connection with the offshore exploitation or exploration of mineral resources in specified circumstances are required to wear a survival suit. (Article 33A and Schedule 5, paragraphs 4 and 5).

(16) Lifejacket demonstrations are required before take-off on all public transport flights which either fly beyond gliding distance from land and are required to carry a cabin attendant or are intended to fly beyond 30 minutes flying time from land. In addition, a lifejacket demonstration is required if, in the event of any emergency occurring during take-off or landing, it is reasonably possible that the aircraft would be forced to land onto water. The required demonstrations need not be practical. An audio-visual presentation in the aircraft or prior to boarding is sufficient. Where the requirements to carry out such demonstrations arise, a lifejacket must be carried for each person on board the aircraft.

All passengers aged two years or more must have their own seat. All passengers aged less than two years must be provided with a child restraint device.

New requirements are introduced for the carriage of oxygen aboard aircraft on public transport flights. The main points of the new requirements are that all pressurised aircraft operating above flight level 250 must carry a minimum of two hours supply of oxygen for flight crew and ten minutes for each passenger cabin occupant. In addition, dedicated first aid oxygen is to be carried together with portable breathing equipment for cabin attendants. Except for changes to altitude bands, the requirements for pressurised aircraft operating below flight level 250 and for unpressurised aircraft are similar to the previous requirements. The new requirements apply only to new aircraft, as specified in the Order, although older aircraft may elect to comply with either the existing or the new requirements. The one change which affects all public transport aircraft is that from 1st January 1991 all flight crew are required to use supplemental oxygen when flying above 10,000 feet for any period whatsoever (Article 34 and Schedules 4 and 5).

(17) A member of the flight crew of an aircraft may now be required to operate radio or radio equipment with which the aircraft is required to be equipped by either the appropriate air traffic control unit or when flying in notified airspace. (Article 35(3)).

(18) From 1st January 1991 a helicopter on any flight will be required to be equipped with a 4-channel cockpit voice recorder to which is attached an under-water sonar location device if the certificate of airworthiness is issued in the transport category and the helicopter either has a maximum total weight authorised exceeding 2,700 kg. or the capacity to carry more than 9 passengers. (Schedule 4).

On flights by such helicopters the cockpit voice recorder is required always to be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped. (Article 37(3)).

(19) The commander of an aircraft about to tow a glider is now additionally required to satisfy himself before the towing aircraft takes off that it is capable of reaching and maintaining a safe height at which to separate the towing aircraft and glider. (Article 38(3)).

(20) The launching and picking up of tow ropes, banners or similar articles is now prohibited except at an aerodrome. (Article 39(2)).

(21) A passenger may be carried in a helicopter which is carrying a suspended load provided that the passenger is a person who has been raised from the surface or who it is intended shall be lowered to the surface (Article 39(6)).

(22) Parachuting from an aircraft flying over the Territory is now allowed with the written permission of the Governor. An aircraft may now only be used for such purposes if the certificate of airworthiness includes an express provision that the aircraft may be used for that purpose and in accordance with the provisions thereof. Every applicant for and holder of such a permission is required to make available to the Governor a parachuting manual if requested to do so and is required to make such amendment or addition to the manual as the Governor may require. (Article 41).

(23) An aircraft may now carry a munition of war with the written permission of the Governor if the operator of the aircraft has previously informed the commander in writing of the conditions of such permission and the details of the type, weight, quantity and location of the munition of war. A person may now have in his possession or cause to be taken on board an aircraft a weapon or munition of war if he has furnished the operator with particulars before the flight commences and the operator consents to the carriage of such weapon or munition of war which must be consigned as cargo or be part of a passenger’s baggage and stowed in a place inaccessible to passengers and, in the case of a firearm, be unloaded. Foreign registered aircraft may if permitted by the law of the state in which they are registered carry weapons or munitions of war for the purpose of ensuring the safety of the aircraft or of persons on board. (Article 43).

(24) Schedule 15 to the Order contains regulations prescribing the classification of articles and substances as dangerous goods and the conditions which apply to the carriage of such goods by aircraft including the manner in which they must be packed, marked, labelled and consigned and loaded. The regulations also prescribe the documents which must be produced to the Governor or an authorised person and the persons to whom information about the carriage of dangerous goods must be provided. It shall be an offence to contravene or permit the contravention of the regulations. The Governor may, with the approval of the Secretary of State, supplement, amend or replace the regulations in Schedule 15. (Article 44).

The 1989-1990 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, referred to in Schedule 15, can be purchased from IAL, Merchandising Services, Aeradio House, Hayes Road, Southall, Middlesex, UB2 5NJ.

(25) Every exit from a public transport aircraft registered in the Territory must be marked as either an Exit or Emergency Exit in capital letters. (Article 46(3)).

(26) The Governor and authorised persons are given the power to inspect and copy specified documents. (Article 60).

(27) A person who has ceased to be the operator of an aircraft is no longer required to preserve certain documents relating to the aircraft or its engines if another person who has become the operator of the aircraft or the aircraft in which the engines are installed demands delivery of those documents even though the aircraft ceases to remain registered in the Territory (Article 61).

(28) Article 62A confers new powers on the Secretary of State as to the revocation, suspension or variation of permits to take on board or discharge passengers or cargo in the Territory or to fly over the Territory for the purpose of aerial photography, aerial survey or other aerial work, granted by the Secretary of State or the Governor under Article 83 or Article 84 of this Order.

(29) For the avoidance of doubt it is expressly provided that the Governor may approve persons to conduct examinations and tests on applicants for and the holders of an air traffic controller’s licence, a student air traffic controller’s licence or an aerodrome flight information officer’s licence.

The Governor may now require an applicant for or holder of an aerodrome flight information service officer’s licence to subject himself to examinations and tests and to furnish evidence as to his knowledge, experience, competence and skill. (Article 65(7) and (8)).

(30) If the commander of an aircraft becomes aware that he is within restricted airspace he must, unless otherwise instructed, leave that airspace by the shortest route. In addition to complying with instructions or prescribed visual signals whilst within such restricted airspace he must now in addition comply with such instructions and signals when within a Danger Area. Danger Area is now defined as being airspace which has been notified as such. (Articles 69 and 99).

(31) The launching by winch and cable or by ground tow of gliders or parascending parachutes to a height of more than 60 metres is prohibited except with the permission of the Governor and in accordance with any conditions imposed (Article 70).

(32) Helicopter and gyroplanes engaged on flights for the purpose of the public transport of passengers which begin and end at the same aerodrome are no longer required to take off from and land at a Government aerodrome or a licensed aerodrome. Also, the requirement that all aeroplanes flying for the purpose of instruction in flying shall take off or land at a licensed aerodrome or a Government aerodrome, is amended so that it now only applies to instruction in flying given for the purpose of becoming qualified for the grant of a pilot’s licence, the inclusion of an aircraft rating or a night rating in a licence, or for the purpose of carrying out flying tests in respect of such a purpose. (Article 71).

(33) Contravention of an aerodrome licence or of a condition of such a licence is now an offence only if the contravention relates to an aircraft engaged on a flight for which it is required to take off or land from a licensed aerodrome (Article 73(5)).

(34) The provisions of Articles 74 and 75 are no longer restricted to licensed aerodromes from which aircraft of which the maximum total weight authorised exceeds 2,730 kg. operate on flights for the public transport of passengers.

The Governor is now required to approve the purpose of any aeronautical radio station before it is established or used and its equipment must be of a type of which the specification has been approved by the Governor for the purpose for which it is to be used.

The person in charge of an aeronautical radio station the purpose of which is to provide radio or radar navigational aid to aircraft making an approach to land at an aerodrome must now have all aeronautical radio stations operated by him at that aerodrome installed, modified, maintained and flight checked by the Governor or by a person approved by the Governor before he may provide such navigational aid. He must also notify the type and hours of operation of any service available for use by aircraft if the aeronautical radio station is at an aerodrome for which a licence for public use has been granted, or in the case of an aeronautical radio station at any other aerodrome, if he is required to do so by the Governor in approving the purpose for which the aeronautical radio station is to be used.

Instead of the aerodrome licensee the person in charge of an aeronautical radio station approved by the Governor is now required to keep written records and recording apparatus which must record specified particulars at all times when the aeronautical radio station is in operation for providing an air traffic control service. (Articles 74 and 75).

(35) New definitions of the expressions “aeronautical beacon” and “aeronautical ground light” replace the definition of “aeronautical light” (Article 99). The permission of the Governor is now only required for establishing, maintaining or altering the character of an aeronautical beacon within the Territory or an aeronautical ground light which is at a licensed aerodrome or which forms part of the lighting system for use by aircraft taking off from or landing at such an aerodrome. (Article 79).

(36) Aircraft registered other than in the Territory will now require a permit from the Secretary of State before they may take on board or discharge in the Territory passengers or cargo carried for hire or reward; the powers of the Secretary of State in this respect may be delegated to the Governor, who must comply with guidelines or directions given to him by the Secretary of State. (Article 83).

Aircraft registered other than in the Territory are restricted from flying over the Territory for the purpose of any form of aerial work except with the permission of the Governor and in accordance with any conditions to which such permission may be subject. (Article 84).

(37) Certain requirements as to the purposes for which an aircraft is being used and as to compliance with the direction of a foreign country’s aeronautical authorities are imposed on the operator or commander of aircraft flying over any foreign country as provided for in the Protocol relating to an amendment (article 3 bis) to the Convention on Civil Aviation of 7th December 1944 (the Chicago Convention) (Cmd. 8742) which was approved at Montreal on 10th May 1984 (Cmnd. 9275). A person is liable for a contravention on summary conviction to a fine not exceeding £400 and on conviction on indictment to an unlimited fine or imprisonment for a term not exceeding two years or both. (Article 85 and Schedule 12).

(38) The criminal offences created by the Order are re-classified to make only the most serious offences triable on indictment, and the maximum penalties for contravention of the provisions of the Order are increased from £100 to £200 for the less serious offences and from £200 to £400 for the more serious offences.

Public transport flights without an air operators certificate and flights without a certificate of airworthiness are now subject to a maximum penalty of a fine of £400 on summary conviction or to an unlimited fine or to imprisonment for a term not exceeding two years or both on conviction on indictment. (Article 91 and Schedule 12).

(39) The aerodrome traffic zone of an aerodrome on land is now defined in relation to the mid point of the longest runway at the aerodrome. The size of the aerodrome traffic zone depends on the length of that runway, and the runway end clearance provided for that and the other runways at the aerodrome. (Article 99).

(40) There is a new definition of “flight recording system” which comprises flight data recorders and cockpit voice recorders. (Article 99).

(41) The detailed requirements for the display of nationality and registration marks on aircraft are amended. (Schedule 1, Part B).

(42) Torches carried to provide illumination in the passenger compartment in an emergency are not required to be of an approved type. However, the number of electric torches required to be carried is amended. One must be carried for each member of the flight crew and one fixed at each exit, provided that the number so fixed is not less than the minimum number of cabin attendants required to be carried under the Order. Thus where additional cabin attendants are carried no additional torches will be necessary. (Schedule 4).

(43) On all flights for the purpose of the public transport of passengers on aeroplanes there shall be a safety harness for each seat for use by cabin attendants and the minimum number of harnesses shall correspond to the minimum number of cabin attendants which the aircraft is required to carry. (Schedule 4).

(44) On all flights for the purpose of the public transport of passengers on helicopters there shall be a safety harness for each seat for use by cabin attendants and the minimum number of harnesses shall correspond to the maximum number of cabin attendants which the helicopter is required to carry. (Schedule 4).

(45) Helicopters operating on or after 1st January 1991 for the purpose of public transport over water for more than three minutes are required to carry a radio altimeter capable of alerting the pilot audibly and visually to surface proximity, and helicopters operating on or after 1st January 1991 beyond ten minutes flying time from land or on all flights involving manoeuvres over water are required to be equipped with an automatically deployable emergency locator beacon. (Schedule 4).

(46) All turbine powered aeroplanes having a maximum total weight exceeding 11,400 kg. are required from 1st January 1991 to carry a four channel cockpit voice recorder on all flights. (Schedule 4).

(47) Aircraft registered in the Territory flying for the purpose of public transport or within controlled airspace may now carry either an analogue or a digital display time piece. (Schedule 4).

(48) Where a sensitive pressure altimeter is required to be carried it shall be adjustable for the forecast sea level barometric pressure. (Schedule 4).

(49) All aircraft within the Territory when flying under Instrument Flight Rules in controlled airspace are required to be provided with secondary surveillance radar equipment unless the appropriate air traffic control unit otherwise permits in relation to a particular flight and provided the aircraft complies with any instructions given by the air traffic control unit in a particular case. (Schedule 5, paragraph 2(1)).

(50) All aircraft, other than gliders, are now required to be provided with secondary surveillance radar when flying above Flight Level 100, unless the appropriate air traffic control unit otherwise permits in relation to a particular flight and provided the aircraft complies with any instructions given by the air traffic control unit in a particular case. (Schedule 5, paragraph 2(2)).

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