The Air Navigation (Overseas Territories) Order 1989

• (51) The requirements for the carriage of radio navigation equipment is amended. Aircraft flying to, from or over Berlin are required to carry radio equipment capable of maintaining two-way communication with the appropriate aeronautical radio stations, secondary surveillance radar equipment and specified radio navigation equipment. In all cases where specified radio navigation equipment must be carried, the requirements have been revised and set out in Schedule 5 to the Order at Scale H. Schedule 14 to the Order is also being amended to delete provisions relating to radio equipment. The weight discriminant previously applied is replaced by a distinction between the requirements for single-engined aircraft and multi-engined aircraft. (Schedule 5, paragraph 2(4)).

• (52) Additional smoke protection equipment is required for the crew of aircraft flying for the purpose of public transport. Additional oxygen must be provided for all portable breathing equipment carried on board, such equipment must be carried for all required cabin attendants and additional equipment must be carried in certain circumstances. (Schedule 5, paragraphs 4 and 5).

• (53) The holder of a Private Pilot’s Licence (Aeroplanes) may not now fly on a flight outside controlled airspace when the flight visibility is less than 1½ nautical miles or out of sight of the surface unless he holds an instrument meteorological conditions rating. (Schedule 8, Part A).

• (54) The holder of a Private Pilot’s Licence (Aeroplanes) which includes an instrument meteorological conditions (aeroplanes) rating may not fly as pilot in command of an aeroplane when it is taking off or landing at any place if the flight visibility below cloud is less than 1 nautical mile (Schedule 8, Part B). A consequential amendment has been made to the privileges of a holder of a Commercial Pilot’s Licence (Aeroplanes). (Schedule 8, Part A).

• (55) From 1st January 1993 the privileges of the Commercial and Airline Transport Pilot’s Licences (Aeroplanes) and (Helicopters and Gyroplanes) will be restricted so that after he has reached 60 the holder of a licence may only fly an aircraft which weighs 20,000 kg. or less if it is fitted with dual controls and he is accompanied by a second appropriately licensed pilot who has not yet attained the age of 60. After he has reached 65 the holder of a licence is not permitted to fly any aircraft flying for the purpose of public transport. (Schedule 8, Part A).

• (56) The holder of a Commercial Pilot’s Licence (Airships) is required to have a valid Certificate of Test or a valid Certificate of Experience before exercising the privileges of the licence. The period of validity of the Commercial Pilot’s Licence (Airships) is extended from six months to ten years. (Schedule 8, Part A).

• (57) For the avoidance of doubt Case E of the Table in Part C of Schedule 9 has been amended to make it clear that a certificate of test or certificate of experience is appropriate for any flight within the privileges of a Private Pilot’s Licence including aerial work consisting of the giving of instruction in flying or the conducting of flying tests in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club. (Schedule 8, Part C).

• (58) Associated with the introduction of the Basic Commercial Pilot’s Licence (Aeroplanes), the privileges of the private pilot’s licence (aeroplanes) no longer permit receipt of any remuneration whatsoever for services as a pilot. They do however include the conduct of aerial work flights which consist of flying training and testing, glider towing and parachute dropping where these activities are carried out under the auspices of a club.

• A new professional pilot’s licence is introduced with restricted privileges to be known as the Basic Commercial Pilot’s Licence (Aeroplanes) (BCPL). In order to receive remuneration for carrying out aerial work flights, a pilot will be required to hold a professional licence—ie at least a BCPL. The privileges of the new licence will also permit the holder to undertake limited public transport flying subject to certain conditions.

• In order to fly as pilot in command at night, with or without passengers, the holder of a Private Pilot’s Licence (Aeroplanes), a Basic Commercial Pilot’s Licence (Aeroplanes) or a Private Pilot’s Licence (Helicopters and Gyroplanes) must have a Night Rating included in the licence and the holder of a Commercial Pilot’s Licence (Aeroplanes) or a Commercial Pilot’s Licence (Helicopters and Gyroplanes) requires to have an Instrument Rating included in the licence or to have had specified experience within the previous 13 months. (Schedule 9, Part A, paragraph 1 and Part B, paragraph 1).

• (59) The operator of a public transport aircraft who is required to produce an operations manual in respect of that aircraft shall from 1st June 1990 include therein information and instructions relating to the labelling and marking of dangerous goods, the manner in which they must be loaded in an aircraft and the responsibilities of members of the crew in respect of the carriage of dangerous goods. (Schedule 10, Part A).

• (60) With the written permission of the Governor, a flight manual need not be carried as part of the certificate of airworthiness if an operations manual is carried which includes specified information extracted from the flight manual. (Schedule 11).

• (61) Schedule 13, which sets out the Rules of the Air and Air Traffic Control, has been amended in the following major respects: in Rule 1, the definition of anti-collision light is amended to require rotorcraft to carry a flashing red light and to permit other aircraft to carry either a flashing red or flashing white light; Rules 5 and 34 set out new regulations concerning the picking up and dropping of tow ropes, banners or similar articles at aerodromes; in Rule 5 it is provided that when calculating the ability of an aircraft to alight clear of a congested area or an assembly in the open air of more than 1000 persons, if the aircraft is towing a banner, the calculation must be done on the basis that the banner will not be jettisoned whilst over the congested area or within 3000 ft of such an assembly; Rule 9 is amended to require aircraft fitted with an anti-collision light to display such a light in flight by day, to require an aircraft to display specified lights at night whilst on the ground unless it is stationary in a specified part of an aerodrome, to require an aircraft to display an anti-collision light when stationary on the apron of an aerodrome with its engines running and to permit any flashing light to be switched off or reduced in intensity if it may adversely affect members of the flight crew or outside observers; Rule 10 is amended to permit an aircraft to continue to fly by day when its anti-collision light has failed subject to a specified condition; Rule 11 is amended to impose the requirements previously applying to aircraft having a maximum total weight authorised of more than 5700 kg also on any other flying machine of a type first certified on or after 1st April 1988; Rule 15 is amended to require an airship to display an anti-collision light while flying at night; collision avoidance rules applicable to all aerodromes are transferred from Rule 35 to Rule 17; Rule 19 is amended so that it no longer applies to an aircraft flying within airspace notified for the purposes of Rule 21 and in accordance with instructions given by the appropriate air traffic control unit; a new rule 21A is added to permit gliders to enter specified airspace which is notified for the purpose of Rule 21 without complying with the provision of Rule 21 subject to compliance with such conditions as may be notified for the purpose of Rule 21A; the requirement of Rule 30 that the commander of a flying machine shall observe visual signals from an aerodrome now applies when he is flying in the pattern of traffic at the aerodrome instead of when he is flying in the aerodrome traffic Zone; Rule 32(1) has been amended to cover any part of an aerodrome which is not a public right of way; Rule 35(2) and (3) which requires the commander of an aircraft to obtain permission before flying, taking off or landing in the traffic zone of an aerodrome specified in the Rule and to maintain communications with the ground while flying in such a zone, will now only apply to aircraft in the air traffic zone of an aerodrome notified for the purposes of the Rule and, at notified Government aerodromes, only during such times as are notified; only Government aerodromes, aerodromes with an air traffic control unit or an aerodrome flight information unit and licensed aerodromes with a means of two-way radio communication may be notified; the commander is now required to obtain permission only if there is an air traffic control unit at the aerodrome; in other cases, he must obtain information from the aerodrome flight information unit or from the radio station to enable the flight to be conducted with safety; Rule 36 has been extended to cover aids provided by satellite as well as those in the Territory Rule 46 is amended to adopt the signals required by the relevant standard laid down by the International Civil Aviation Organisation and to extend the application of visual signals to include Danger Areas; the reference to signals requiring an aircraft to land following an unauthorised penetration of a Restricted or Prohibited Area is deleted. (Schedule 13).

• (62) Schedule 14 which sets out the Air Navigation (General) Regulations has been amended and a notional male passenger weight of 83 kg. is introduced for helicopters based in the Territory involved in support of or in connection with the offshore exploitation of or exploration for mineral resources (including gas) (regulation 1(2)). The maximum semi-width of the obstacle clearance area after take-off is reduced from 1500 to 900 metres (regulation 9(3)(b)(ii), 5(9)(b)(ii) and 8(ii) and (iii) (b)(ii)). Any twin-engined public transport aeroplane in performance Group A of more than 5700 kg. certificated to carry 20 or more passengers, shall at no time during a flight be more than 60 minutes flying time at its one engine inoperative cruise speed from the nearest suitable alternate aerodrome, unless it is flying in accordance with the terms of a written permission from the Governor and any twin engined public transport aircraft in performance Group A of less than 5700 kg. or certificated to carry less than 20 passengers shall at no time during a flight be more than 90 minutes flying time at its one engine inoperative cruise speed from the nearest suitable alternate aerodrome (regulation 4(5)).

• It is made clear that the proviso to regulation 4(7)(a) Schedule 14 applies only to sub-paragraph (ii) of that regulation so that the landing distance required must not exceed the distance available on the runway most suitable for landing in still air conditions at both the aerodrome of destination and any alternative aerodrome. The boundary of the airspace in which minimum navigation performance requirements apply is amended to include airspace in the New York Oceanic Control Area to the Western Boundary north of 38 degrees 30'N and the Reykjavik Oceanic Control Area to the North Pole (regulation 17(2)).

• (63) Helicopters flying for the purpose of public transport must comply with the specified weight and performance requirements. (Schedule 14, regulations 9 to 11). A helicopter designated as being in performance Group A may comply with the requirements for a helicopter designated as being in performance Group A (Restricted) if its weight is less than 5700 kg and the number of passengers carried does not exceed 15 and a helicopter designated as being in performance Group A or A (Restricted) may comply with the requirements for a helicopter designated as being in performance Group B if its weight is less than 2730 kg and the number of passengers carried does not exceed 9. (Article 29(7)).

• (64) Schedule 14 has been further amended to remove the provisions relating to radio navigational equipment; instead, simplified requirements are contained in Schedule 5.

Footnotes

[^f00001]: 1949 c. 67

[^f00002]: S.I. 1969/592

[^f00003]: S.I. 1976/1912

[^f00004]: S.I. 1977/422

[^f00005]: S.I. 1977/820

[^f00006]: S.I. 1978/1520

[^f00007]: Article 11 of the Air Navigation (Overseas Territories) Order 1977 was amended by Article 2(2) of the Air Navigation (Overseas Territories) (Second Amendment) Order 1978.

[^f00008]: 1890 c. 39

[^f00009]: 1982 c. 16

[^f00010]: 1982 c. 16

[^f00011]: S.I. 1969/592

[^f00012]: Section 13 of the Civil Aviation Act 1949 was extended to the Territory by the Colonial Civil Aviation (Application of Act) Order 1952 (S.I. 1952/868), and is reproduced in paragraph 5 of Schedule 2 to the Civil Aviation Act 1949 (Overseas Territories) Order 1969 (S.I. 1969/592).

[^f00013]: S.I. 1969/592

[^f00014]: 1948 c. 56

[^f00015]: 1949 c. 67

[^f00016]: 1894 c. 60

[^f00017]: 1982 c. 16

[^f00018]: 1981 c. 61

[^f00019]: 1974 c. 39

[^f00020]: 1964 c. 5

[^f00021]: 1894 c. 60

[^f00022]: S.I. 1954/636

[^f00023]: 1952 c. 67

[^f00024]: 1978 c. 30

[^f00025]: S.I. 1980/538