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The Air Navigation (Overseas Territories) (Amendment) Order 1992

Type Statutory-Instrument
Publication 1992-12-17
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 17th December 1992

Laid before Parliament: 6th January 1993

Coming into force: 27th January 1993

At the Court at Buckingham Palace, the 17th day of December 1992 Present, The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 8, 41, 57, 58, 59 and 61 of the Civil Aviation Act 1949[^f00001], as extended to certain territories by the Civil Aviation Act 1949 (Overseas Territories) Order 1969[^f00002], as amended by section 62 of the Civil Aviation Act 1971[^f00003] as so extended by the Civil Aviation Act 1971 (Overseas Territories) Order 1976[^f00004], and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:

Citation and commencement

1

Amendment of the Air Navigation (Overseas Territories) Order 1989

2

The Air Navigation (Overseas Territories) Order 1989[^f00005] as amended by the Air Navigation (Overseas Territories) (Amendment) Order 1991[^f00006] and by the Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 1991[^f00007] shall be further amended as follows:

(2) Before 1st January 1994 the marks to be borne by aircraft registered in the Territory shall comply with Part B1 or Part B2 of Schedule 1 to this Order. On and after 1st January 1994 the marks to be borne by aircraft registered in the Territory shall comply with Part B2 of Schedule 1 to this Order.

(a) that the aircraft is registered in a country in which it is in fact not registered, provided that the marks approved by the Governor for the purposes of flight in accordance with the “B Conditions” contained in Schedule 2 to this Order shall be deemed not to purport to indicate that the aircraft is so registered; or

(b) a balloon flying on a private flight;

(b) in the case of a pilot’s licence, to act on any flight as pilot of any aircraft flying in controlled airspace notified for the purposes of this sub-paragraph of this Article in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying.

(a) descend from a height of 1,000 feet or more above the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing; or

(a) descend from a height of 1,000 feet or more above the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing; or

(2) An aircraft to which this Article applies when making a descent at an aerodrome to a runway in respect of which there is a notified instrument approach procedure shall not descend from a height of 1,000 feet or more above the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.

(e) from the moment when, after the embarkation of its passengers for the purpose of taking off, it first moves until after it has taken off, and before it lands until it comes to rest for the purpose of the disembarkation of its passengers, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary: (i) take all reasonable steps to ensure that all passengers of two years of age or more are properly secured in their seats by safety belts or safety harnesses and that all passengers under the age of two years are properly secured by means of a child restraint device; and (ii) take all reasonable steps to ensure that those items of baggage in the passenger compartment which he reasonably considers ought by virtue of their size, weight or nature to be properly secured are properly secured and, in the case of an aircraft capable of seating more than 30 passengers, that such baggage is either stowed in the passenger compartment stowage spaces approved by the Governor for the purpose of stowing baggage or carried in accordance with the terms of a written permission granted by the Governor which permission may be granted subject to such condition as the Governor thinks fit.

(36A) (1) An aircraft registered in the Territory shall not fly in controlled airspace notified for the purposes of this paragraph of this Article as an area navigation route or area unless— (a) it is equipped with area navigation equipment which is approved by the Governor in relation to the purpose for which it is to be used, and which is installed and maintained in a manner approved by the Governor; and (b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated. (2) An aircraft registered in the Territory shall not, when flying in controlled airspace notified for the purposes of this paragraph of this Article, not being an area navigation route or area, be navigated by means of area navigation equipment unless— (a) the said equipment is approved by the Governor in relation to the purpose for which it is to be used, and is installed and maintained in a manner approved by the Governor; and (b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated. (3) For the purposes of this Article, an approval shall be in writing and may be subject to such conditions as the Governor thinks fit. Such an approval may be granted in respect of any aircraft or specified class or category of aircraft or in respect of a specified type or types of equipment. (36B) (1) An aircraft which is not registered in the Territory shall not fly in controlled airspace notified for the purposes of paragraph (1) of Article 36A unless— (a) it is so equipped with area navigation equipment as to comply with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within any specified areas; and (b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated. (2) An aircraft which is not registered in the Territory shall not, when flying in controlled airspace notified for the purposes of paragraph (2) of Article 36A, be navigated by means of area navigation equipment unless— (a) the said equipment complies with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within any specified areas; and (b) the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.

(g) the documents which must be produced to the Governor or an authorised person on request; and (h) the powers to be conferred on an authorised person relating to the enforcement of the regulations made hereunder.

(1) Subject to the proviso to paragraph (5) hereof, this Article shall apply to every public transport aircraft registered in the Territory.

(68A) A person shall not when exercising the privileges of an air traffic controller’s licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.

(c) a balloon exceeding 2 metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, shall not be flown in controlled airspace notified for the purposes of this sub-paragraph of this Article;

(83A) (1) Subject to paragraph (3) of this Article, the Secretary of State shall grant permission pursuant to Article 83 to the operator of an aircraft (where such permission is required) so as to authorise an inter-regional air service within the meaning of Council Directive 83/416/EEC[^f00008] as amended by Council Directive 86/216/EEC[^f00009] where the operator is an air carrier within the meaning of that Directive and pursuant to the Directive the United Kingdom is obliged to authorise him to operate such a service. (2) Any such permission may contain conditions, but these may not be such as to give the operator a lesser authorisation than that to which he is entitled under article 5 of the Directive and may not entitle The Civil Aviation Authority to disapprove the tariffs charged by the operator if the conditions set out in article 7 of the Directive are met. (3) The Secretary of State may refuse to grant such a permission on any of the grounds set out in articles 3 and 6 of the Directive. (4) A decision of the Secretary of State to grant, or to refuse to grant, such a permission shall be notified to the Member State which forwards the application for the said permission and to the European Commission within 3 months of his receipt of that application. The reasons for any refusal to grant such a permission shall be provided in writing upon request made by that State or by the European Commisson.

“Provided that Article 83A applies only to Gibraltar.”.

  • “Aerial work” has the meaning assigned to it in Article 99A;

“Appropriate air traffic control unit” means in relation to an aircraft either the air traffic control unit serving the area in which the aircraft is for the time being or the air traffic control unit serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be;

  • “Area navigation equipment” means equipment carried on board an aircraft which enables the aircraft to navigate on any desired flight path within the coverage of appropriate ground based navigation aids or within the limits of that on-board equipment or a combination of the two;
  • “Class A Airspace”, “Class B Airspace”, “Class C Airspace”, “Class D Airspace”, and “Class E Airspace” mean airspace respectively notified as such;
  • “Controlled airspace” means airspace which has been notified as Class A, Class B, Class C, Class D, or Class E airspace;
  • “Control area” means controlled airspace which has been further notified as a control area and which extends upwards from a notified altitude or flight level;
  • “Control zone” means controlled airspace which has been further notified as a control zone and which extends upwards from the surface;
  • “Day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level;
  • “Director” shall have the same meaning as in Section 53(1) of the Companies Act 1989[^f00010];
  • “Flight plan” means such information as may be notified in respect of an air traffic control service unit being information provided or to be provided to that unit relative to an intended flight or portion of a flight of an aircraft;
  • “Night” means the time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level;
  • “Private flight” means a flight which is neither for the purpose of aerial work nor public transport;
  • “Specified minimum weather provisions” has the meaning assigned to it by paragraph (6A) of this Article;
  • “Valuable consideration” means any right, interest, profit or benefit, forbearance, detriment, loss or responsibility accruing, given, suffered or undertaken pursuant to an agreement, which is of more than a nominal nature;

(6A) The specified minimum weather provisions shall be as follows— (a) outside airspace notified for the purposes of Schedule 8 to this Order— (i) an aircraft flying above 3,000 feet above mean sea level shall remain at least 1,800 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 10 kilometres; (ii) an aircraft other than a helicopter flying at or below 3,000 feet above mean sea level shall remain at least 1,800 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 kilometres: - Provided that this sub-paragraph shall be deemed to be complied with if the aircraft is flown at a speed which according to its airspeed indicator is 140 knots or less and remains clear of cloud, in sight of the surface and in a flight visibility of at least 1,800 metres; a helicopter flying at or below 3,000 feet above mean sea level shall remain clear of cloud and in sight of the surface or at least 1,800 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 kilometres; within airspace notified for the purposes of Schedule 8 to this Order an aircraft shall remain at least 1,800 metres horizon tally and 1,000 feet vertically away from cloud and in a flight visibility of at least 10 kilometres: Provided that in a control zone within such airspace, in the case of a special VFR flight the aircraft shall be flown in accordance with any instructions given by the appropriate air traffic control unit.

(99A) (1) Subject to the provisions of this Article, aerial work means any purpose (other than public transport) for which an aircraft is flown if valuable consideration is given or promised in respect of the flight or the purpose of the flight provided that, if the only such valuable consideration consists of remuneration for the services of the pilot, the flight shall be deemed to be a private flight for the purpose of Part III of this Order. (2) Subject to the provisions of this Article, an aircraft in flight shall for the purpose of this Order be deemed to fly for the purposes of public transport: (a) if valuable consideration is given or promised for the carriage of passengers or cargo in the aircraft on that flight; (b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors), persons with the authority of the Governor either making any inspection or witnessing any training, practice or test for the purposes of this Order, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or (c) for the purposes of Part III of this Order (other than Articles 13(2) and 14(2) thereof ), if valuable consideration is given or promised for the primary purpose of conferring on a particular person the right to fly the aircraft on that flight (not being a single-seat aircraft of which the maximum total weight authorised does not exceed 910 kg.) otherwise than under a hire-purchase or conditional sale agreement: - Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport by reason of sub-paragraph (2)(c) of this Article, it shall not be deemed to be flying for the purpose of the public transport of passengers unless valuable consideration is given for the carriage of those passengers: - Provided also that a glider shall not be deemed to fly for the purpose of public transport for the purposes of Part III of this Order by virtue of sub-paragraph (2)(c) of this Article if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club: - And provided further that notwithstanding the giving or promising of valuable consideration specified in sub-paragraph (2)(c) of this Article in respect of the flight or the purpose of the flight it shall: subject to sub-paragraph (ii) below, for all purposes other than Part III of this Order; and for the purposes of Articles 13(2) and 14(2) of this Order; be deemed to be a private flight. (3) Where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that valuable consideration would be given or promised if the transaction were effected otherwise than aforesaid, valuable consideration shall, for the purposes of this Order, be deemed to have been given or promised, notwithstanding any rule of law as to such transactions. (4) (a) A flight shall, for the purposes of Part IV of this Order, be deemed to be a private flight if: (i) the flight is: (aa) wholly or principally for the purpose of taking part in an aircraft race, contest or exhibition of flying; (bb) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (aa) hereof and is made with the intention of carrying out such a flight; or (cc) for the purpose of returning after such a flight as is specified in sub-paragraph (aa) hereof to a place at which the aircraft is usually based. (ii) the only valuable consideration in respect of the flight or the purpose of the flight other than: (aa) valuable consideration specified at sub-paragraph (2)(c) of this Article; or (bb) in the case of an aircraft owned in accordance with subparagraph (8)(a) of this Article, valuable consideration which falls within sub-paragraph (8)(b) of this Article: - is either that given or promised to the owner or operator of an aircraft taking part in such a race, contest or exhibition of flying and such valuable consideration does not exceed the direct costs of the flight and a contribution to the annual costs of the aircraft which contribution shall bear no greater proportion to the total annual costs of the aircraft than the duration of the flight bears to the annual flying hours of the aircraft; or one or more prizes awarded to the pilot in command of an aircraft taking part in an aircraft race or contest to a value which shall not exceed £500 in respect of any one race or contest except with the permission in writing of the Governor granted to the organiser of the race or contest which permission may be granted subject to such conditions as the Governor thinks fit; or falls within both sub-paragraphs (cc) and (dd). (b) Any prize falling within sub-paragraph (4)(a)(ii)(dd) of this Article shall be deemed for the purposes of this Order not to constitute remuneration for services as a pilot. (5) A flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than: (a) valuable consideration specified at sub-paragraph (2)(c) of this Article; or (b) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this Article, valuable consideration which falls within subparagraph (8)(b) of this Article; is given or promised to a registered charity which is not the operator of the aircraft and the flight is made with the permission in writing of the Governor and in accordance with any conditions therein specified; - Provided that if valuable consideration specified at sub-paragraph (2)(c) of this Article is given or promised the provisions of that sub-paragraph shall apply to the flight. (6) A flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight for the purpose of the flight other than: (a) valuable consideration specified at sub-paragraph (2)(c) of this Article; or (b) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this Article, valuable consideration which falls within subparagraph (8)(b) of this Article; is a contribution to the direct costs of the flight otherwise payable by the pilot in command: - Provided that: no more than 4 persons (including the pilot) shall be carried on such a flight; the proportion which such contribution bears to the total direct costs of the flight shall not exceed the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried on the flight (including the pilot); and no information concerning the flight shall have been published or advertised prior to the commencement of the flight other than, in the case of an aircraft operated by a flying club, advertising wholly within the premises of such a flying club in which case all the persons carried on such a flight who are aged 18 years or over shall be members of that flying club: - Provided further that no person acting as a pilot on such a flight shall be employed as a pilot by or be a party to a contract for the provision of services as a pilot with the operator of the aircraft being flown on the flight: - And provided also that if valuable consideration specified at sub-paragraph (2)(c) of this Article is given or promised the provisions of that sub-paragraph shall apply to the flight. (7) A flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than: (a) valuable consideration specified at sub-paragraph (2)(c) of this Article; or (b) in the case of an aircraft owned in accordance with sub-paragraph (8)(a) of this Article, valuable consideration which falls within subparagraph (8)(b) of this Article; is the payment of the whole or part of the direct costs otherwise payable by the pilot in command by or on behalf of the employer of the pilot in command or by or on behalf of a body corporate of which the pilot in command is a director, provided that neither the pilot in command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried: - Provided further that if valuable consideration specified at sub-paragraph (2)(c) of this Article is given or promised the provisions of that sub-paragraph shall apply to the flight. (8) A flight shall be deemed to be a private flight if: (a) the aircraft is owned: (i) jointly by persons (each of whom is a natural person) who each hold not less than 5 per cent beneficial share and: (aa) the aircraft is registered in the names of all the joint owners; or (bb) the aircraft is registered in the name or names of one or more of the joint owners as trustee or trustees for all the joint owners and written notice has been given to the Governor of the names of all the persons beneficially entitled to a share in the aircraft; or (ii) by a company in the name of which the aircraft is registered and the registered shareholders of which (each of whom is a natural person) each hold not less than 5 per cent of the shares in that company; and (b) the only valuable consideration given or promised in respect of the flight or the purpose of the flight is either: (i) in respect of and is no greater than the direct costs of the flight and is given or promised by one or more of the joint owners of the aircraft or registered shareholders of the company which owns the aircraft; or (ii) in respect of the annual costs and given by one or more of such joint owners or shareholders (as aforesaid): or falls within both sub-paragraphs (i) and (ii). (9) A flight in respect of which valuable consideration has been given or promised for the carriage of passengers and which is for the purpose of: (a) the dropping of persons by parachute and which is made under and in accordance with the terms of a written permission granted by the Governor pursuant to Article 41 of this Order; (b) positioning the aircraft for such a flight as is specified in sub-paragraph (a) hereof and which is made with the intention of carrying out such a flight and on which no person is carried who it is not intended shall be carried on such a flight and who may be carried on such a flight in accordance with the terms of a written permission granted by the Governor pursuant to Article 41 of this Order; or (c) returning after such a flight as is specified in sub-paragraph (a) hereof to the place at which the persons carried on such a flight are usually based and on which flight no persons are carried other than persons carried on the flight specified in sub-paragraph (a); shall be deemed to be for the purposes of aerial work.

(1) The nationality mark of the aircraft shall be a group of two capital letters in Roman character and the registration mark shall be a group of three capital letters in Roman character assigned by the Governor on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark. (2) The nationality and registration marks shall be displayed to the best advantage, taking into consideration the construction features of the aircraft and shall always be kept clean and visible. (3) The letters constituting each group of marks shall be of equal height and they, and the hyphen, shall be of a single colour which shall clearly contrast with the background on which they appear. (4) The nationality and registration marks shall also be inscribed on a fire-proof metal plate affixed in a prominent position— (a) in the case of a microlight aeroplane, either in accordance with sub-paragraph (c) of this paragraph or on the wing; (b) in the case of a balloon, on the basket or envelope; or (c) in the case of any other aircraft on the fuselage or car, as the case may be. (5) The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the following manner: (I) (a) Heavier-than-air Aircraft (excluding kites) (i) Horizontal Surfaces of the Wings— (aa) On aircraft having a fixed wing surface, the marks shall appear on the lower surface of the wing structure, and shall be on the port wing unless they extend across the whole surface of both wings. So far as is possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing. (bb) The height of the letters shall be at least 50 centimetres: Provided that if the wings are not large enough for the marks to be 50 centimetres in height, marks of the greatest height practicable in the circumstances shall be displayed. (ii) Fuselage (or equivalent structure) and Vertical Tail Surfaces— (aa) The marks shall also appear either— (aaa) on each side of the fuselage (or equivalent structure), and shall, in the case of fixed wing aircraft, be located between the wings and the horizontal tail surface; or (bbb) on the vertical tail surfaces. (bb) When located on a single vertical tail surface, the marks shall appear on both sides. When located on multivertical tail surfaces the marks shall appear on the outboard sides of the outer surfaces. Subject to subparagraphs (dd) and (ee) below, the height of the letters constituting each group of marks shall be at least 30 centimetres. (cc) If one of the surfaces authorised for displaying the required marks is large enough for those marks to be 30 centimetres in height (whilst complying with subparagraph (ee) below) and the other is not, marks of 30 centimetres in height shall be placed on the largest authorised surface. (dd) If neither surface is large enough for marks of 30 centimetres in height (whilst complying with subparagraph (ee) below), marks of the greatest height practicable in the circumstances shall be displayed on the larger of the two surfaces. (ee) The marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 centimetres along each side of the vertical tail surface. (ff) On rotary wing aircraft where owing to the structure of the aircraft the greatest height practicable for the marks on the sides of the fuselage (or equivalent structure) is less than 30 centimetres the marks shall also appear on the lower surface of the fuselage as close to the line of symmetry as is practicable and shall be placed with the tops of the letters towards the nose. The height of the letters constituting each group of marks shall be at least 50 centimetres: - Provided that if the lower surface of the fuselage is not large enough for the marks to be of 50 centimetres in height, marks of the greatest height practicable in the circumstances shall be displayed. (iii) Whenever in the preceding provisions of this paragraph marks of the greatest height practicable in the circumstances are required, that height shall be such as is consistent with compliance with Section II of this Part of this Schedule. (b) Airships and Free Balloons (i) Airships: The marks shall be placed on each side of the airship. They shall be placed horizontally either on the hull near the maximum cross-section of the airship or on the lower vertical stabiliser. (ii) Free Balloons: The marks shall be in two places on diametrically opposite sides of the balloon. (iii) In the case of both airships and free balloons the side marks shall be so placed as to be visible both from the sides and from the ground. The height of the letters shall be at least 50 centimetres. (II) (a) (i) For the purposes of this Section “a standard letter” shall mean any letter other than the letters I, M and W. (ii) The width of each standard letter and the length of the hyphen between the nationality mark and the registration mark shall be two-thirds of the height of a letter. (iii) The width of the letters M and W shall be neither less than two-thirds of their height nor more than their height. (iv) The width of the letter I shall be one-sixth of the height of the letters forming the marks. (b) The width of the lines comprising each letter and hyphen shall be one-sixth of the height of the letters forming the marks. (c) Each letter and hyphen shall be separated from the letter or hyphen which it immediately precedes or follows, by a space equal to either one-quarter or one-half of the width of a standard letter. Each such space shall be equal to every other such space within the marks.

SCHEDULE 4 (1) Every aircraft of a description specified in the first column of the Table set forth in paragraph 4 of this Schedule and which is registered in the Territory shall be provided, when flying in the circumstances specified in the second column of the said Table, with adequate equipment, and for the purpose of this paragraph the expression “adequate equipment” shall mean the scales of equipment respectively indicated in that Table: Provided that, if the aircraft is flying in a combination of such circumstances, the scales of equipment shall not on that account be required to be duplicated. (2) The equipment carried in an aircraft as being necessary for the airworthiness of the aircraft shall be taken into account in determining whether this Schedule is complied with in respect of that aircraft. (3) The following items of equipment shall not be required to be of a type approved by the Governor: (a) The equipment referred to in Scale A(ii). (b) First aid equipment and handbook, referred to in Scale A. (c) Time-pieces, referred to in Scale F. (d) Torches, referred to in Scales G, H, K and Z. (e) Whistles, referred to in Scale H. (f) Sea anchors, referred to in Scales J and K. (g) Rocket signals, referred to in Scale J. (h) Equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale J. (i) Paddles, referred to in Scale K. (j) Food and water, referred to in Scales K, U and V. (k) First aid equipment, referred to in Scales K, U and V. (l) Stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic suits, referred to in Scale V. (m) Megaphones, referred to in Scale Y1 and Y2.

Description of Aircraft Circumstances of Flight Scale of Equipment Required
* For the purpose of this Table, flying time shall be calculated on the assumption that the helicopter or gyroplane is flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water. * For the purpose of this Table, flying time shall be calculated on the assumption that the helicopter or gyroplane is flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water. * For the purpose of this Table, flying time shall be calculated on the assumption that the helicopter or gyroplane is flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water.
1 Gliders a flying for purposes other than public transport or aerial work; and when flying by night A (ii)
b flying for the purpose of public transport or aerial work; and A, B (i) and (ii), D and F(i)
i when flying by night C and G
ii when carrying out aerobatic manoeuvres B(iii)
2 Aeroplanes a flying for purposes other than public transport; and A(i) and (ii) and
i when flying by night C and D
ii when flying under Instrument Flight Rules aa outside controlled airspace notified for the purposes of this sub-paragraph D
bb within controlled airspace notified for the purposes of this sub-paragraph E with E (iv) duplicated and F
iii when carrying out aerobatic manoeuvres B (ii)
b flying for the purpose of public transport; and A, B (i) and (ii), D and F (i)
i when flying under Instrument Flight Rules except flights outside controlled airspace notified for the purposes of this sub-paragraph by aeroplanes having a maximum total weight authorised not exceeding 1,150 kg. E with E (iv) duplicated and F
ii when flying by night; and in the case of aeroplanes of which the maximum total weight authorised exceeds 1,150 kg. C and G E with E (iv) duplicated and F
iii when flying over water beyond gliding distance from land H
iv on all flights on which in the event of any emergency occurring during the takeoff or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the aeroplane would be forced to land onto water H
v when flying over water: aa in the case of an aeroplane: aaa classified in its certificate of airworthiness as being of performance group A, C or X; or bbb having no performance group classification in its certificate of airworthiness and of such a weight and performance that with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified in the certificate of airworthiness, performance schedule or flight manual relating to the aeroplane issued or rendered valid by the Governor it is capable of a gradient of climb of at least 1 in 200 at an altitude of 5,000 feet in the International Standard Atmosphere specified in or ascertainable by reference to the certificate of airworthiness in force in respect of that aircraft, when either more than 400 nautical miles or more than 90 minutes flying time[^f01000] from the nearest aerodrome at which an emergency landing can be made H and K
bb in the case of all other aeroplanes, when more than 30 minutes flying time[^f01000] from such an aerodrome H AND K
vi on all flights which involve manoeuvres on water H, J and K
vii when flying at a height of 10,000 feet or more above mean sea level: aa having a certificate of airworthiness first issued (whether in the Territory or elsewhere) before 1 January 1989 L1 or l2
bb having a certificate of airworthiness first issued (whether in the Territory or elsewhere) on or after 1 January 1989 L2
viii on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met M
ix when carrying out aerobatic manoeuvres B(iii)
x on all flights on which the aircraft carries a flight crew of more than one person N
xi on all flights for the purpose of the public transport of passengers aa before 1 February 1993 Q and Y1
bb on or after 1 February 1993 Q and Y2 (i), (ii) and (iii)
xii on all flights by a pressurised aircraft aa before 1 February 1993 R1
bb on or after 1 February 1993 R2
xiii when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met U
xiv when flying over substantially uninhabited land or other areas where, in the event of any emergency landing, polar conditions are likely to be met V
xv when flying at an altitude of more than 49,000 feet W
3 Turbine-jet aeroplanes having a maximum total weight authorised exceeding 5,700 kg. or pressurised aircraft having a maximum total weight authorised exceeding 11,400 kg. when flying for the purpose of public transport O
4 Turbine-engined aeroplanes having a maximum total weight authorised exceeding 5,700 kg. and piston-engined aeroplanes having a maximum total weight authorised exceeding 27,000 kg. a which are operated by an air transport undertaking under a certificate of airworthiness in the Transport Category (Passenger) or the Transport Category (Cargo); or when flying on any flight P
b in respect of which application has been made and not withdrawn or refused for such a certificate, and which fly under the "A Conditions' or under a certificate of airworthiness in the Special Category: when flying on any flight P
Provided that this paragraph shall not apply to aeroplanes falling within paragraphs (5) or (6) hereof.
5 Aeroplanes in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or Transport Category (Cargo) and aeroplanes in respect of which application has been made, and not withdrawn or refused, for such a certificate of airworthiness and which fly under the "A Conditions' or in respect of which there is in force a certificate of airworthiness in the Special Category a which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1 April 1971 and which have a maximum total weight authorised exceeding 5,700 kg. but not exceeding 11,400 kg.; or when flying on any flight S(i)
b which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1 April 1971 and which have a maximum total weight authorised exceeding 11,400 kg. but not exceeding 27,000 kg.; or when flying on any flight S(ii)
c which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1 April 1971 and which have a maximum total weight authorised exceeding 27,000 kg. but not exceeding 230,000 kg.; or when flying on any flight S(iii)
d which conform to a type first issued with a type certificate in the Territory on or after 1 January 1970 and which have a maximum total weight authorised exceeding 230,000 kg.; when flying on any flight S(iii)
Provided that this paragraph shall not apply to aeroplanes falling within paragraph (6) hereof.
6 Aeroplanes in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or Transport Category (Cargo) and aeroplanes in respect of which application has been made, and not withdrawn or refused, for such a certificate of airworthiness and which fly under "A Conditions' or in respect of which there is in force a certificate of airworthiness in the Special Category a for which an individual certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1 June 1990 and which have a maximum total weight authorised not exceeding 5,700 kg., are powered by 2 or more turbine engines and are certified to carry more than 9 passengers; or when flying on any flight S(iv)
b for which an individual certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1 June 1990 and which have a maximum total weight authorised exceeding 5,700 kg. but not exceeding 27,000 kg.; or when flying on any flight S(v)
c for which an individual certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1 June 1990 and which have a maximum total weight authorised exceeding 27,000 kg. when flying on any flight S(vi)
7 Aeroplanes in respect of which there is in force a certificate of airworthiness in the Aerial Work or Private Category and for which an individual certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1 June 1990 and which have a maximum total weight authorised exceeding 27,000 kg. when flying on any flight S(vi)
8 Aeroplane: a which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1 April 1971 and having a maximum total weight authorised exceeding 27,000 kg. and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or the Transport Category (Cargo); or when flying on any flight T
b which conform to a type first issued with a type certificate in the Territory on or after 1 January 1970 and which have a maximum total weight authorised exceeding 230,000 kg. and in respect of which there is in force such a certificate of airworthiness; or when flying on any flight T
c having a maximum total weight authorised exceeding 27,000 kg. which conform to a type first issued with a type certificate on or after 1 April 1971 (or 1 January 1970 in the case of an aeroplane having a maximum total weight authorised exceeding 230,000 kg.) in respect of which an application has been made, and not withdrawn or refused for such a certificate of airworthiness and which fly under the "A Conditions' or in respect of which there is in force a certificate of airworthiness in the Special Category. when flying on any flight T
9 Aeroplanes which have a maximum total weight authorised exceeding 15,000 kg. or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 30 passengers. on all flights for the purpoe of public transport X
10 Aeroplane: a which are turbo-jets and which have a maximum total weight authorised exceeding 22,700 kg.; or when flying by night for the purpose of the public transport of passengers Z (i) and (ii)
b having a maximum total weight authorised exceeding 5,700 kg. and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30 April 1972 but not including any aeroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or when flying by night for the purpose of the public transport of passengers Z(i) and (ii)
c which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers; or when flying by night for the purpose of the public transport of pasengers Z (i)
d having a maximum total weight authorised exceeding 5,700 kg. and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30 April 1972 but not including any aeroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or when flying for the purpose of the public transport of passengers Z (iii)
e which are turbo-jets and which have a maximum total weight authorised exceeding 22,700 kg.; or when flying for the purpose of the public transport of passenger Z (iii)
f first issued with a type certificate (whether in the Territory or elsewhere) on or after 1 January 1958 and which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers. when flying for the purpose of the public transport of passengers Z (iii)
11 Aeroplanes: a powered by one or more turbine jets and first issued with a certificate of airworthiness in the Territory on or after 1 April 1989; when flying on any flight on or after 1 February 1993 AA
b powered by one or more turbine jets and first issued with a certificate of airworthiness in the Territory prior to 1 April 1989; when flying on any flight on or after 1 February 1993 AA
c powered by one or more turbine propeller engines and having a maximum total weight authorised exceeding 5,700 kg. and first issued with a certificate of airworthiness in the Territory on or after 1 April 1989. when flying on any flight on or after 1 February 1993 AA
12 Aeroplanes: a which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1 April 1978 and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger); on all flights for the purpose of the public transport of passengers on or after 1 February 1993 Y2(iv)
b which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1 April 1968 and before 1 April 1978 and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger); on all flights for the purpose of the public transport of passengers on or after 1 February 1993 Y2 (iv)
c which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) before 1 April 1968 and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger). on all flights for the purpose of the public transport of passengers on or after 1 February 1993 Y2(iv)
13 Helicopters and Gyroplanes a flying for purposes other than public transport; and A (i) and (ii) and B(i)
i when flying by day under Visual Flight Rules with visual ground reference D
ii when flying by day under Instrument Flight Rules or without visual ground reference aa outside controlled airspace notified for the purposes of this sub-paragraph E with E (ii) duplicated
bb within controlled airspace notified for the purposes of this sub-paragraph E with E (ii) and E (iv) duplicated and F with F (iv) for all weights
iii when flying at night aa with visual ground reference C, E, G (iii) G (v)
bb without visual ground reference aaa outside controlled airspace notified for the purposes of this sub-paragraph C, E with E (ii) duplicated, G (iii) G (v)
bbb within controlled airspace notified for the purposes of this sub-paragraph C, E with both E(ii) and E (iv) duplicated, F with F (iv) for all weights, G (iii) and G (v)
b flying for the purpose of public transport; and A, B (i) and (ii), F (i) and F (iv) for all weights
i when flying by day under Visual Flight Rules with visual ground reference D
ii when flying by day under Instrument Flight Rules or without visual ground reference E with both E(ii) and E (iv) duplicated, F (ii), F (iii) and F (v)
iii when flying by night with visual ground reference aa in the case of a helicopter or gyroplane having a maximum total weight authorised not exceeding 2,000 kg. C, E and G
bb in the case of a helicopter or gyroplane having a maximum total weight authorised exceeding 2,000 kg. C, E with E (ii) duplicated and either E (iv) duplicated or a radio altimeter, F (ii), F (iii), F(v) and G
iv when flying by night without visual ground reference C, E with both E (ii) and E (iv) duplicated, F (ii), F (iii), F (v) and G
v when flying over water aa in the case of a helicopter or gyroplane classified in its certificate of airworthiness as being of performance group A2 or B when beyond auto-rotational gliding distance from land suitable for an emergency landing E and H
bb on all flights on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the helicopter or gyroplane would be forced to land onto water H
cc in the case of a helicopter or gyroplane classified in its certificate of airworthiness as being of performance group A2 when beyond 10 minutes flying time[^f01000] from land E, H, K and T
dd for more than a total of 3 minutes in any flight EE
ee in the case of a helicopter or a gyroplane classified in its certificate of airworthiness as being of performance group A2 which is intended to fly beyond 10 minutes flying time[^f01000] from land or which actually flies beyond 10 minutes flying time[^f01000] from land, on a flight in support of or in connection with the offshore exploitation, or exploration of mineral resources (including gas) when the weather report or forecasts available to the commander of the aircraft indicate that the sea temperature will be less than plus 10°C during the flight or when any part of the flight is at night I
vi on all flights which involve manoeuvres on water H, J and K
vii when flying at a height of 10,000 feet or more above mean sea level: aa having a certificate of airworthiness first issued (whether in the Territory or elsewhere) before 1 January 1989 L1 and L2
bb having a certificate of airworthiness first issued (whether in the Territory or elsewhere) on or after 1 January 1989 L2
viii on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met M
ix on all flights on which the aircraft carries a flight crew of more than one person N
x on all flights for the purpose of the public transport of passengers aa before 1 February 1993 Y1
bb on or after 1 February 1993 Y2(i), (ii) and (iii)
xi when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met U
xii when flying over substantially uninhabited land or other areas where, in the event of an emergency landing, polar conditions are likely to be met V
14 Helicopter and Gyroplanes: a having a maximum total weight authorised exceeding 5,700 kg. and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30 April 1972 but not including any helicopter or gyroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to a helicopter or gyroplane for which a certificate of airworthiness was first applied for before that date; or when flying by night for the purpose of the public transport of passengers Z (i) and (ii)
b which, in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers; or when flying by night for the purpose of the public transport of passengers Z (i)
c which have a certificate of airworthiness issued in the Transport Category (Passenger or Cargo) and which have either a maximum total weight authorised exceeding 2,730 kg. or when flying on any flight before 1 February 1993 S(vii)
d which have a certificate of airworthiness issued in the Transport Category (Passenger or Cargo) and helicopters and gyroplanes in respect of which application has been made and not withdrawn or refused for such a certificate of airworthiness and which fly under the "A Conditions' or which have a certificate of airworthiness in the Special Category and i which have a maximum total weight authorised exceeding 2,730 kg. but not exceeding 7,000 kg. or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 9 passengers, or both when flying on any flight on or after 1 February 1993 SS(i) or (iii)
ii which have a maximum total weight authorised exceeding 7,000 kg. when flying on any flight on or after 1 February 1993 SS(ii) or (iii)

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