Legalize / United Kingdom / Statutory-Instrument

The Air Navigation (Hong Kong) Order 1995

Type Statutory-Instrument

Publication 1995-10-18

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

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

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

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

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

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

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

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

SCHEDULE 11 — PUBLIC TRANSPORT—OPERATIONAL REQUIREMENTS

PART A — —OPERATIONS MANUAL

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

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

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

(iii) the scheme referred to in Article 54(1)(c)(i) of this Order;

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

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

(vi) the manner in which the quantity, if any, of oxygen equipment to be carried in the aircraft for the purpose of complying with Scales L1 and L2 in Schedule 5 to this Order is to be computed;

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

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

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

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

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

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

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

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

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

(xvi) the labelling and marking of dangerous goods, the manner in which they must be loaded on an aircraft and the responsibilites of members of the crew in respect of the carriage of dangerous goods:

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

PART B — —CREW TRAINING AND TESTS

1

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

(1) The Crew

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

(2) Pilots

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

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

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

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

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

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

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

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

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

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

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

(3) Flight Engineers

Every flight engineer included in the flight crew shall within the relevant period have been tested by or on behalf of the operator— as to his competence to perform his duties while executing normal procedures in flight, in an aircraft of the type to be used on the flight. as to his competence to perform his duties while executing emergency procedures in flight, in an aircraft of the type to be used on the flight. A flight engineer’s ability to carry out normal procedures shall be tested in an aircraft in flight. The other tests required by this sub-paragraph may be conducted either in the aircraft in flight, or under supervision of a person approved by the Governor for the purpose by means of a flight simulator approved by the Governor.

(4) Flight Navigators and Flight Radio Operators

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

(5) Aircraft Commanders

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

(i) the terrain;

(ii) the seasonal meteorological conditions;

(iii) the meteorological communications, and air traffic facilities, services and procedures; and

(iv) the search and rescue procedures, and the navigational facilities, relevant to the route.

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

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

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

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

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

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

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

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

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

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

(6) For the purposes of this paragraph—

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

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

Provided that— any pilot of the aircraft to whom the provisions of sub-paragraphs (2)(a)(ii), (2)(b)(ii) or (2)(c)(i) and any flight engineer of the aircraft to whom the provisions of sub-paragraph (3)(b) of this paragraph apply shall for the purposes of the flight be deemed to have complied with such requirement respectively within the relevant period if he has qualified to perform his duties in accordance therewith on two occasions within the period of 13 months immediately preceding the flight, such occasions being separated by an interval of not less than 4 months; the requirements of sub-paragraph (5)(a) shall be deemed to have been complied with within the relevant period by a pilot designated as commander of the aircraft for the flight if, having become qualified so to act on flights between the same places over the same route more than 13 months before commencement of the flight, he has within the period of 13 months immediately preceding the flight flown as pilot of an aircraft between those places over the route.

2

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

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

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

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

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

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

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

PART C — —TRAINING MANUAL

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

(i) the manner in which the training, practice and periodical tests required under Article 27(2) and specified in Part B of Schedule 11 to this Order are to be carried out;

(ii)

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

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

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

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

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

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

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

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

SCHEDULE 12 — DOCUMENTS TO BE CARRIED BY AIRCRAFT REGISTERED IN HONG KONG

On a flight for the purpose of public transport:

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

On a flight for the purpose of aerial work:

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

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

Documents A, B, C and G.

For the purposes of this Schedule:

“A” means the licence in force in respect of the aircraft radio station installed in the aircraft, and the current telecommunication log book required by this Order;

“B” means the certificate of airworthiness in force in respect of the aircraft:

Provided that, with the permission in writing of the Governor, an aircraft to which Article 25 of this Order applies need not carry the flight manual as part of this document if it carries an operations manual which includes—

(i) the information shown in the Limitations and Emergency Procedures section of the flight manual, and

(ii) performance instructions which are derived from the material contained in the performance section of the flight manual.

“C” means the licences of the members of the flight crew of the aircraft;

“D” means one copy of the load sheet, if any, required by Article 28 of this Order in respect of the flight;

“E” means one copy of each certificate of maintenance review, if any, in force in respect of the aircraft;

“F” means the technical log, if any, in which entries are required to be made under Article 10;

“G” means the certificate of registration in force in respect of the aircraft;

“H” means the operations manual, if any, required by Article 25(2)(a)(iii) of this Order to be carried out on the flight;

“International air navigation” means any flight which includes passage over the territory of any country other than Hong Kong.

SCHEDULE 13

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

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

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

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

SCHEDULE 14 — RULES OF THE AIR

SECTION I — INTERPRETATION

1

In these Rules, unless the context otherwise requires—

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

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

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

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

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

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

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

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

SECTION II — GENERAL

Application of Rules to Aircraft

2

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

(a) all aircraft within Hong Kong; and

(b) all aircraft registered in Hong Kong wherever they may be.

Misuse of Signals and Markings

3

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

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

Reporting hazardous conditions

4

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

Low flying

5

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

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

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

(ii) a height of 1500 feet above the highest fixed object within 2000 feet of the aircraft,

whichever is the higher.

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

(c) Except with the permission in writing of the Governor and in accordance with any conditions therein specified a helicopter should not fly over a congested area of a city, town or settlement below a height of 1500 feet above the highest fixed object within 2000 feet of the helicopter.

(d) An aircraft shall not fly—

(i) over, or within 3000 feet of, any assembly in the open air of more than 1000 persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Governor and in accordance with any conditions therein specified and with the consent in writing of the organisers of the event; or

(ii) below such height as would enable it to alight clear of the assembly in the event of the failure of a power unit and if such an aircraft is towing a banner such height shall be calculated on the basis that the banner shall not be dropped within 3000 feet of the assembly:

Provided that, where a person is charged with an offence under this Order by reason of a contravention of this sub-paragraph, it shall be a good defence to prove that the flight of the aircraft over, or within 3000 feet of, the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly.

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

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

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

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

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

(c) Paragraphs (1)(d) and (e) of this Rule shall not apply to the flight of an aircraft over or within 3000 feet of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race or contest or an exhibition of flying, if the aircraft is taking part in such race, contest or exhibition or is engaged on a flight arranged by, or made with the consent in writing of, the organisers of the event.

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

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

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

(iii) any aircraft while it is flying in accordance with proviso (f) of Article 40(2) of this Order;

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

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

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

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

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

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

Simulated instrument flight

6

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

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

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

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

For the purposes of this Rule the expression “simulated instrument flight” means a flight during which mechanical or optical devices are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft.

Practice Instrument Approaches

7

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

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

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

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

GENERAL

8

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

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

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

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

Display of lights by aircraft

9

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

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

(2) A flying machine on an aerodrome in Hong Kong shall:

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

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

Provided that a helicopter to which Article 25 of the Order applies may, when stationary on an offshore installation, switch off such an anti-collision light in accordance with a procedure contained in the operations manual of the helicopter as a signal to ground personnel that it is safe to approach the helicopter for the purpose of embarkation or disembarkation of passengers or the loading or unloading of cargo.

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

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

(b) subject an outside observer to unreasonable dazzle:

10

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

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

Flying Machines

11

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

(a) in the case of a flying machine registered in Hong Kong having a maximum total weight authorised of more than 5,700 kg or any other flying machine registered in Hong Kong which conforms to a type first issued with a type certificate on or after 1st January 1991 the system of lights in paragraph (2)(b) of this rule;

(b) in the case of a flying machine registered in Hong Kong which conforms to a type first issued with a type certificate before 1st January 1991 having a maximum total weight authorised of 5,700 kg or less, any one of the following systems of lights:—

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

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

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

(i) a steady green light of at least five candela showing to the starboard side through an angle of 100 degrees from dead ahead in the horizontal plane; and

(ii) a steady red light of at least five candela showing to the port side through an angle of 100 degrees from dead ahead in the horizontal plane; and

(iii) a steady white light of at least three candela showing through angles of 70 degrees from dead astern to each side in the horizontal plane;

(i) the lights specified in sub-paragraph (a) of this paragraph; and

(ii) an anti-collision light;

(d) the lights specified in sub-paragraph (a), but all being flashing lights flashing together in alternation with one or both of the following:

(i) a flashing white light of at least twenty candela showing in all directions;

(ii) a flashing red light of at least twenty candela showing through angles of 70 degrees from dead astern to each side in the horizontal plane.

(3) If the lamp showing either the red or green light specified in paragraph (2)(a) of this Rule is fitted more than 2 metres from the wing tip, a lamp may, notwithstanding the provisions of Rule 9(1) of these Rules, be fitted at the wing tip to indicate its position showing a steady light of the same colour through the same angle.

Gliders

12

A glider while flying at night shall display either a steady red light of at least five candela showing in all directions, or lights in accordance with Rule 11(2) and (3) of these Rules.

Free Balloons

13

A free balloon while flying at night shall display a steady red light of at least five candela showing in all directions, suspended not less than 5 metres and not more than 10 metres below the basket, or if there is no basket, below the lowest part of the balloon.

Captive balloons and kites

14

(1) A captive balloon or kite while flying at night at a height exceeding 60 metres above the surface shall display lights as follows:—

(a) a group of two steady lights consisting of a white light placed 4 metres above a red light, both being of at least five candela and showing in all directions, the white light being placed not less than 5 metres or more than 10 metres below the basket, or if there is no basket, below the lowest part of the balloon or kite;

(b) on the mooring cable, at intervals of not more than 300 metres measured from the group of lights referred to in sub-paragraph (a) of this paragraph, groups of two lights of the colour and power and in the relative positions specified in that sub-paragraph, and, if the lowest group of lights is obscured by cloud, an additional group below the cloud base; and

(c) on the surface, a group of three flashing lights arranged in a horizontal plane at the apexes of a triangle, approximately equilateral, each side of which measures at least 25 metres; one side of the triangle shall be approximately at right angles to the horizontal projection of the cable and shall be delimited by two red lights; the third light shall be a green light so placed that the triangle enclose the object on the surface to which the balloon or kite is moored.

(2) A captive balloon while flying by day at a height exceeding 60 metres above the surface shall have attached to its mooring cable at intervals of not more than 200 metres measured from the basket, or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than 40 centimetres in diameter and 2 metres in length, and marked with alternative bands of red and white 50 centimetres wide.

(3) A kite flown in the circumstances referred to in paragraph (2) of this Rule shall have attached to its mooring cable either:—

(a) tubular streamers as specified in paragraph (2) of this Rule, or

(b) at intervals of not more than 100 metres measured from the lowest part of the kite, streamers of not less than 80 centimetres long and 30 centimetres wide at their widest point and marked with alternate bands of red and white 10 centimetres wide.

Airships

15

(1) Except as provided in paragraph (2) of this Rule, an airship while flying at night shall display the following:—

(a) a steady white light of at least five candela showing through angles of 110 degrees from dead ahead to each side in the horizontal plane;

(b) a steady green light of at least five candela showing to the starboard side through an angle of 110 degrees from dead ahead in the horizontal plane;

(c) a steady red light of at least five candela showing to the port side through an angle of 110 degrees from dead ahead in the horizontal plane;

(d) a steady white light of at least five candela showing through angles of 70 degrees from dead astern to each side in the horizontal plane; and

(e) an anti-collision light.

(2) An airship while flying at night shall display, if it is not under command, or has voluntarily stopped its engines, or is being towed, the following steady lights:—

(a) the white lights referred to in paragraph (1)(a) and (d) of this Rule;

(b) two red lights, each of at least five candela and showing in all directions suspended below the control car so that one is at least 4 metres above the other and at least 8 metres below the control car; and

(c) if the airship is making way but not otherwise, the green and red lights referred to in paragraph (1)(b) and (c) of this Rule:

Provided that an airship while picking up its moorings, notwithstanding that this is not under command, shall display only the lights specified in paragaph (1) of this Rule.

(3) An airship, while moored within Hong Kong by night, shall display the following steady lights:

(a) when moored to a mooring mast, at or near the rear a white light of at least five candela showing in all directions;

(b) when moored otherwise than to a mooring mast:—

(i) a white light of at least five candela showing through angles of 110 degrees from dead ahead to each side in the horizontal plane;

(ii) a white light of at least five candela showing through angles of 70 degrees from dead astern to each side in the horizontal plane.

(4) An airship while flying by day, if it is not under command, or has voluntarily stopped its engines, or is being towed, shall display two black balls suspended below the control car so that one is at least 4 metres above the other and at least 8 metres below the control car.

(5) For the purposes of this Rule:—

(a) an airship shall be deemed not to be under command when it is unable to execute a manoeuvre which it may be required to execute by or under these Rules;

(b) an airship shall be deemed to be making way when it is not moored and is in motion relative to the air.

SECTION IV — GENERAL FLIGHT RULES

Weather reports and forecasts

16

(1) Immediately before an aircraft flies the commander of the aircraft shall examine the current reports and forecasts of the weather conditions on the proposed flight path, being reports and forecasts which it is reasonably practicable for him to obtain, in order to determine whether Instrument Meteorological Conditions prevail or are likely to prevail during any part of the flight.

(2) An aircraft which is unable to communicate by radio with an air traffic control unit at the aerodrome of destination shall not begin a flight to an aerodrome within a control zone if the information which it is reasonably practicable for the commander of the aircraft to obtain indicates that it will arrive at that aerodrome when the ground visibility is less than 5 nautical miles or the cloud ceiling is less than 1,500 feet, unless the commander of the aircraft has obtained from an air traffic control unit at that aerodrome permission to enter the aerodrome traffic zone.

Rules for avoiding aerial collisions

17

(1) General

(a) Notwithstanding that the flight is being made with air traffic control clearance it shall remain the duty of the commander of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft.

(b) An aircraft shall not be flown in such proximity to other aircraft as to create a danger of collision.

(d) An aircraft which is obliged by these Rules to give way to another aircraft shall avoid passing over or under the other aircraft, or crossing ahead of it, unless passing well clear of it.

(e) An aircraft which has the right-of-way under this Rule shall maintain its course and speed.

(f) For the purposes of this Rule a glider and a flying machine which is towing it shall be considered to be a single aircraft under the command of the commander of the towing flying machine.

(2) Converging

(a) Subject to the provision of paragraphs (3) and (4) of this Rule, an aircraft in the air shall give way to other converging aircraft as follows:—

(i) flying machines shall give way to airships, gliders and balloons;

(ii) airships shall give way to gliders and balloons;

(iii) gliders shall give way to balloons.

(b) Subject to the provisions of sub-paragraph (a) of this paragraph, when two aircraft are converging in the air at approximately the same altitude, the aircraft which has the other on its right shall give way:

Provided that mechanically driven aircraft shall give way to aircraft which are towing other aircraft or objects.

(3) Approaching head-on

When two aircraft are approaching head-on or approximately so in the air and there is danger of collision, each shall alter its course to the right.

(4) Overtaking

An aircraft which is being overtaken in the air shall have the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering course to the right, and shall not cease to keep out of the way of the other aircraft until that other aircraft has been passed and is clear, notwithstanding any change in the relative positions of the two aircraft:

Provided that a glider overtaking another glider in Hong Kong may alter its course to the right or to the left.

(5) Flight in the vicinity of an aerodrome

Without prejudice to the provision of Rule 35, a flying machine, glider or airship while flying in the vicinity of what the commander of the aircraft knows or ought reasonably to know to be an aerodrome or moving on an aerodrome shall unless, in the case of an aerodrome having an air traffic control unit, that unit otherwise authorises:— conform to the pattern of traffic formed by other aircraft intending to land at that aerodrome, or keep clear of the airspace in which the pattern is formed; and make all turns to the left unless ground signals otherwise indicate.

(6) Order of landing

(a) An aircraft while landing or on final approach to land shall have the right-of-way over other aircraft in flight or on the ground or water;

(b) In the case of two or more flying machines, gliders or airships approaching any place for the purpose of landing, the aircraft at the lower altitude shall have the right-of-way, but it shall not cut in front of another aircraft which is in the final approach to land or overtake that aircraft:

Provided that—

(i) when an air traffic control unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order; and

(ii) when the commander of an aircraft is aware that another aircraft is making an emergency landing, he shall give way to that aircraft, and at night, notwithstanding that he may have received permission to land, shall not attempt to land until he has received further permission to do so.

(7) Landing and take-off

(a) A flying machine, glider or airship shall take-off and land in the direction indicated by the ground signals or, if no such signals are displayed, into the wind, unless good aviation practice demands otherwise.

(b) A flying machine or glider shall not land on a runway at an aerodrome if the runway is not clear of other aircraft unless, in the case of an aerodrome having an air traffic control unit, that unit otherwise authorises.

(i) a flying machine or glider when landing shall leave clear on its left any aircraft which has landed or is already landing or about to take-off; if such a flying machine or glider is about to turn it shall turn to the left after the commander of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and

(ii) a flying machine about to take-off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which has already taken-off or is about to take-off.

(d) A flying machine after landing shall move clear of the landing area as soon as it is possible to do so unless in the case of an aerodrome having an air traffic control unit, that unit otherwise authorises.

Aerobatic manoeuvres

18

An aircraft shall not carry out any aerobatic manoeuvre:

(a) over a congested area of any city, town or settlement; or

(b) within controlled airspace except with the consent of the appropriate air traffic control unit.

Right-hand traffic rule

19

An aircraft which is flying within Hong Kong in sight of the ground and following a road, railway, canal or coastline, or any other line of landmarks, shall keep such line of landmarks on its left:

Notification of arrival and departure

20

(1) The commander of an aircraft who has caused notice of its intended arrival at any aerodrome to be given to the air traffic control unit or other authority at that aerodrome shall ensure that the air traffic control unit or other authority at that aerodrome is informed as quickly as possible of any change of intended destination and any estimated delay in arrival of 45 minutes or more.

(2) The commander of an aircraft arriving at or departing from an aerodrome in Hong Kong shall take all reasonable steps to ensure upon landing or prior to departure, as the case may be, that notice of that event be given to the person in charge of the aerodrome, or to the air traffic control unit or aerodrome flight information service unit at the aerodrome.

(3) Without prejudice to the provisions of Rule 27 to these Rules, before taking off on any flight from an aerodrome in Hong Kong, being a flight whose intended destination is more than 40 kilometres from the aerodrome of departure, the commander of an aircraft of which the maximum total weight authorised exceeds 5700 kg shall cause a flight plan containing such particulars of the intended flight as may be necessary for search and rescue purposes to be communicated to the air traffic control unit notified for the purpose of this Rule.

Flight in Class A airspace

21

In relation to flights in Visual Meteorological Conditions in Class A airspace, the commander of an aircraft shall comply with Rules 27 and 28 of these Rules as if the flights were IFR flights:

Choice of VFR or IFR

22

Subject to the provisions of Rule 21 of these Rules an aircraft shall always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules:

Speed Limitations

22A

(1) Subject to paragraph (3) an aircraft shall not fly below flight level 100 at a speed which according to its air speed indicator is more than 250 knots unless it is flying in accordance with the terms of a written permission of the Governor.

(2) The Governor may grant a permission for the purpose of this Rule subject to such conditions as he thinks fit and either generally or in respect of any aircraft or class of aircraft.

(3) Paragraph (1) shall not apply to:

(a) flight in Class A airspace;

(b) flight in Class B airspace;

(d) VFR flight in Class C airspace or VFR flight or IFR flight in class D airspace when authorised by the appropriate air traffic control unit;

(e) the flight of an aircraft flying in accordance with the “A Conditions” or the “B Conditions” set forth in Schedule 2 to the Ordinance, when authorised by the appropriate air traffic control unit.

SECTION V — VISUAL FLIGHT RULES

23

The Visual Flight Rules shall be as follows:

(a) Within Class B airspace:

(i) an aircraft flying within Class B airspace at or above flight level 100 shall remain clear of cloud and in a flight visibility of at least 8 kilometres;

(ii) an aircraft flying within Class B airspace below flight level 100 shall remain clear of cloud and in a flight visibility of at least 5 kilometres;

(b) Within Class C, Class D or Class E airspace:

(i) an aircraft flying within Class C, Class D or Class E airspace at or above flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 kilometres;

(ii) an aircraft flying within Class C, Class D or Class E airspace below flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 kilometres;

(c) an aircraft flying outside controlled airspace at or above flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 kilometres;

(d) an aircraft flying outside controlled airspace below flight level 100 shall remain at least 1,500 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:

(i) the aircraft is flying at or below 3,000 feet above mean sea level and remains clear of cloud and in sight of the surface and in a flight visibility of at least 5 kilometres;

(ii) the aircraft, other than a helicopter, is flying at or below 3,000 feet above mean sea level at a speed which according to its air speed indicator is 140 knots or less and remains clear of cloud and in a flight visibility of at least 1,500 metres; or

(iii) in the case of a helicopter, the helicopter is flying at or below 3,000 feet above mean sea level flying at a speed, which, having regard to the visibility, is reasonable, and remains clear of cloud and in sight of the surface.

For the purposes of this Rule “Special VFR flight” means a flight made in Instrument Meteorological Conditions or at night in a control zone notified for the purposes of Rule 21 of these Rules in respect of which the appropriate air traffic control unit has given permission for the flight to be made in accordance with special instructions given by that unit instead of in accordance with the Instrument Flight Rules.

VFR Plans and air traffic control clearance

23A

(1) Unless otherwise specified by the appropriate air traffic control unit before an aircraft flies within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the commander of the aircraft shall cause a flight plan to be communicated to the appropriate air traffic control unit and shall obtain an air traffic control clearance to fly within the said airspace.

(2) The flight plan shall contain such particulars of the flight as may be necessary to enable the air traffic control unit to issue a clearance and for search and rescue purposes.

(3) Whilst flying within the said airspace during the notified hours of watch of the appropriate air traffic control unit the commander of the aircraft shall:

(a) cause a continuous watch to be maintained on the notified radio frequency appropriate to the circumstances; and

(b) comply with any instructions which the appropriate air traffic control unit may give in a particular case.

SECTION VI — INSTRUMENT FLIGHT RULES

24

The Instrument Flight Rules shall be as follows:

(a) Within controlled airspace:

In relation to flights within controlled airspace Rules 25, 27 and 28 shall apply.

(b) Outside controlled airspace:

In relation to flights outside controlled airspace Rules 25 and 26 shall apply.

Minimum height

25

Without prejudice to the provisions of Rule 5, in order to comply with the Instrument Flight Rules an aircraft shall not fly at a height of less than 1,000 feet above the highest obstacle within a distance of 5 nautical miles of the aircraft unless:

(a) it is necessary for the aircraft to do so in order to land; or

(b) the aircraft is flying on a route notified for the purpose of this Rule; or

(d) the aircraft is flying at an altitude not exceeding 3000 feet above mean sea level and remains clear of cloud and in sight of the surface.

Semi-circular Rule

26

In order to comply with the Instrument Flight Rules, an aircraft when in level flight above 3,000 feet above mean sea level or above the appropriate transition altitude, whichever is the higher, shall be flown at a level appropriate to its magnetic track, in accordance with the appropriate Table set forth in this Rule. The level of flight shall be measured by an altimeter set according to the system published by the competent authority in relation to the area over which the aircraft is flying:

Flight plan and air traffic control clearance

27

(1) In order to comply with the Instrument Flight Rules, before an aircraft either takes off from a point within any controlled airspace or otherwise flies within any controlled airspace the commander of the aircraft shall cause a flight plan to be communicated to the appropriate air traffic control unit and shall obtain an air traffic control clearance based on such flight plan.

(2) The flight plan shall contain such particulars of the intended flight as may be necessary to enable the air traffic control unit to issue an air traffic control clearance, or for search and rescue purposes.

(3) The commander of the aircraft shall fly in conformity with—

(a) the air traffic control clearance issued for the flight, as amended by any further instructions given by an air traffic control unit; and

(b) the holding and instrument approach procedures notified in relation to the aerodrome of destination, unless he is otherwise authorised by the air traffic control unit there:

Provided that he shall not be required to comply with the foregoing provisions of this paragraph if—

(i) he is able to fly in uninterrupted Visual Meteorological Conditions for so long as he remains in controlled airspace, and

(ii) he has informed the appropriate air traffic control unit of his intention to continue the flight in compliance with Visual Flight Rules and has requested that unit to cancel his flight plan.

(4) If for the purpose of avoiding immediate danger any departure is made from the provisions of paragraph (3) of this Rule (as is permitted by Article 64(3) of this Order) the commander of the aircraft shall, in addition to causing particulars to be given in accordance with Article 64(4) of this Order, as soon as possible inform the appropriate air traffic control unit of the deviation.

(5) The commander of the aircraft after he has flown in controlled airspace shall, unless he has requested the appropriate air traffic control unit to cancel his flight plan, forthwith inform that unit when the aircraft lands or leaves the controlled airspace.

Position reports

28

In order to comply with the Instrument Flight Rules the commander of an aircraft in IFR flight who flies in or is intending to enter controlled airspace shall report to the appropriate air traffic control unit the time, and the position and level of the aircraft at such reporting points or at such intervals of time as may be notified for this purpose or as may be directed by the air traffic control unit.

SECTION VII — AERODROME TRAFFIC RULES

Application of aerodrome traffic rules

29

The Rules in this Section of these Rules which are expressed to apply to flying machines shall also be observed, so far as is practicable, in relation to all other aircraft.

Visual signals

30

The commander of a flying machine on, or in the pattern of traffic at, an aerodrome shall observe such visual signals as may be displayed at, or directed to him from, the aerodrome by the authority of the person in charge of the aerodrome and shall obey any instructions which may be given to him by means of such signals:

Movement of aircraft on aerodromes

31

An aircraft shall not taxi on the apron or the manoeuvring area of an aerodrome without the permission of the person in charge of the aerodrome or, where the aerodrome has an air traffic control unit for the time being notified as being on watch, without the permission of that unit.

Access to and movement of persons and vehicles on the aerodrome

32

(1) A person or vehicle shall not go on to any part of an aerodrome (not being a part of the aerodrome which is a public right of way) without the permission of the person in charge of that part of the aerodrome, and except in accordance with any conditions subject to which that permission may have been granted.

(2) A vehicle or person shall not go on to or move on the manoeuvring area of an aerodrome having an air traffic control unit without the permission of that unit, and except in accordance with any conditions subject to which that permission may have been granted.

(3) Any permission granted for the purposes of this Rule may be granted whether in respect of persons or vehicles generally, or in respect of any particular person or vehicle or any class of person or vehicle.

Right of way on the ground

33

(1) This Rule shall apply to:

(a) flying machines; and

(b) vehicles;

on any part of a land aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome.

(2) Notwithstanding any air traffic control clearance it shall remain the duty of the commander of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft or with any vehicle.

(a) Flying machines and vehicles shall give way to aircraft which are taking off or landing.

(b) Vehicles, and flying machines which are not taking off or landing, shall give way to vehicles towing aircraft.

(4) Subject to the provisions of paragaph (3) of this Rule and of Rule 17(7)(c) of these Rules, in case of danger of collision between two flying machines:—

(a) when the two flying machines are approaching head-on or approximately so, each shall alter its course to the right;

(b) when the two flying machines are on converging courses, the one which has the other on its right shall give way to the other and shall avoid crossing ahead of the other unless passing well clear of it;

(c) a flying machine which is being overtaken shall have the right-of-way, and the overtaking flying machine shall keep out of the way of the other flying machine by altering its course to the left until that other machine has been passed and is clear, notwithstanding any change in the relative positions of the two flying machines.

(5) Subject to the provisions of paragaph (3)(b) of this Rule a vehicle shall—

(a) overtake another vehicle so that the other vehicle is on the left of the overtaking vehicle;

(b) keep to the left when passing another vehicle which is approaching head-on or approximately so.

Launching, picking up and dropping of tow ropes etc.

34

(1) Tow ropes, banners or similar articles towed by aircraft shall not be launched at an aerodrome except in accordance with arrangements made with an air traffic control unit at the aerodrome or, if there is no such unit, with the person in charge of the aerodrome.

(2) Tow ropes, banners or similar articles towed by aircraft shall not be picked up by or dropped from aircraft at an aerodrome except:—

(a) in accordance with arrangements with an air traffic control unit at the aerodrome or, if there is no such unit, with the person in charge of the aerodrome; or

(b) in the area designated by the marking described in Rule 40(7) of these Rules, and the ropes, banners or similar articles shall be picked up and dropped when the aircraft is flying in the direction appropriate for landing.

Flight within aerodrome traffic zones

35

(1) Paragraphs (2) and (3) of this Rule shall apply only in relation to such of the aerodromes described in Column 1 of the following Table as are notified for the purposes of this Rule and at such times as are specified in Column 2 thereof.

Column 1	Column 2
a A Government aerodrome	at such times as are notified
b An aerodrome having an air traffic control unit or an aerodrome flight information unit	during the notified hours of watch of the air traffic control unit or the aerodrome flight information unit
c A licensed aerodrome having a means of two-way radio communication with aircraft	during the notified hours of watch of the air/ground radio

(2) An aircraft shall not fly, take off or land, within the aerodrome traffic zone of an aerodrome to which this paragraph applies unless the commander of the aircraft has obtained the permission of the air traffic control unit at the aerodrome or, where there is no air traffic control unit, has obtained from the aerodrome flight information unit at that aerodrome information to enable the flight within the zone to be conducted with safety or, where there is no air traffic control unit nor aerodrome flight information unit, has obtained information from the air/ground radio station at that aerodrome to enable the flight to be conducted with safety.

(3) The commander of an aircraft flying within the aerodrome traffic zone of an aerodrome to which this paragraph applies shall:

(a) cause a continuous watch to be maintained on the appropriate radio frequency notified for communications at the aerodrome or, if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means;

(b) where the aircraft is fitted with means of communication by radio with the ground, communicate his position and height to the air traffic control unit, the aerodrome flight information unit or the air/ground radio station at the aerodrome (as the case may be), on entering the zone and immediately prior to leaving it.

36

The commander of an aircraft shall not make use of any radio navigation aid without complying with such restrictions and appropriate procedures as may be notified in relation to that aid unless authorised by the appropriate air traffic control unit:

SECTION VIII — AERODROME SIGNALS AND MARKINGS: VISUAL AND AURAL SIGNALS

General

37

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.