Legalize / United Kingdom / Statutory-Instrument

The Air Navigation (Overseas Territories) Order 2013

Type Statutory-Instrument

Publication 2013-11-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) An aircraft registered in the Territory must carry a flight crew adequate in number and description to ensure the safety of the aircraft.

(3) An aircraft registered in the Territory which has a flight manual, must carry a flight crew of at least the number and description specified in the flight manual.

(4) An aircraft registered in the Territory which does not have a flight manual must carry a flight crew of at least the number and description specified by the Governor in the certificate of airworthiness or permit to fly.

(5) An aircraft registered in the Territory, which is required by article 36 to be equipped with radio communication equipment, must carry a flight radiotelephony operator as a member of the flight crew.

Pilots required on commercial air transport flights

41

(1) An aircraft registered in the Territory which is—

(a) an aeroplane powered by one or more turbine jets;

(b) an aeroplane powered by one or more turbine propeller engines and with a maximum approved passenger seating configuration of more than 9; or

(d) flying for the purpose of commercial air transport,

must carry at least two pilots as members of the flight crew.

(2) An aircraft registered in the Territory flying for the purposes of commercial air transport, other than an aircraft described in paragraph (1)(a), (b) or (c) must carry at least two pilots as members of the flight crew if it is flying in circumstances where the pilot-in-command is required to comply with the instrument flight rules or is flying at night unless—

(a) use of a single pilot is approved by the Governor; or

(b) it is a helicopter flying by day and remaining clear of cloud and with the surface in sight.

Required cabin crew of aircraft

42

(1) This article applies to each commercial air transport aircraft registered in the Territory which has a maximum approved passenger seating configuration of more than 19 and on which at least one passenger is carried.

(2) The crew of an aircraft on such a flight must include cabin crew carried for the purposes of performing, in the interests of the safety of passengers, duties to be assigned by the operator or the pilot-in-command of the aircraft but who must not act as members of the flight crew.

(3) On such a flight not less than one cabin crew member must be carried for every 50 or fraction of 50 passenger seats installed in the aircraft.

(4) The number of members of the cabin crew calculated in accordance with paragraph (3) need not be carried if—

(a) the Governor has granted written permission to the operator to carry a lesser number on that flight; and

(b) the operator carries the number specified in that permission and complies with any conditions subject to which the permission is granted.

Power to direct additional crew to be carried

43

The Governor may, in the interests of safety, direct the operator of any aircraft registered in the Territory that all or any aircraft operated by it, when flying in circumstances specified in the direction, must carry, in addition to the crew required to be carried by this Part, such additional persons as members of the flight crew or cabin crew as may be specified in the direction.

Members of flight crew - requirement for licence

44

(1) A person must not act as a member of the flight crew of an aircraft registered in the Territory without holding an appropriate licence granted or rendered valid under this Order.

(2) An appropriate licence for the purposes of this Part means a licence which entitles the holder to perform the functions being undertaken in relation to the aircraft concerned on the particular flight.

(3) The holder of a licence, endorsed to the effect that the holder does not satisfy in full the relevant international standard and which has been granted or rendered valid under this Order, must not act as a member of the flight crew of an aircraft registered in the Territory in or over the territory of a Contracting State other than the Territory except in accordance with permission granted by the competent authority of that State.

(4) The holder of a licence granted or rendered valid under the law of a Contracting State other than the Territory, being a licence endorsed as provided in paragraph (3), must not act as a member of the flight crew of any aircraft in or over the Territory except in accordance with permission granted by the Governor, whether or not the licence is rendered valid under this Order.

Requirement for appropriate licence – non-Territory registered aircraft

45

A person must not act as a member of the flight crew required by this Order to be carried in an aircraft registered in a country other than the Territory unless—

(a) in the case of an aircraft flying for the purpose of commercial air transport or aerial work, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or

(b) in the case of an aircraft on a private flight, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Governor does not in the particular case give a direction to the contrary.

Flight crew licence requirements – exception to act as flight radiotelephony operator

46

A person may act as a flight radiotelephony operator within the Territory without being the holder of an appropriate licence granted or rendered valid under this Order if that person—

(a) is being trained in an aircraft registered in the Territory to perform duties as a member of the flight crew of an aircraft; and

(b) is authorised to operate the radiotelephony station by the holder of the licence granted for that station under any enactment.

Flight crew licence requirements – exception for solo flying training

47

(1) A person may act as pilot-in-command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence, without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions referred to in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the person is at least 16 years of age;

(b) the person is the holder of a valid medical certificate issued by a person approved by the Governor to the effect that the person is fit to act as pilot in command;

(d) no other person is carried in the aircraft;

(e) the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of giving instruction in flying or conducting flying tests; and

(f) the person acts in accordance with instructions given by another person holding a pilot’s licence granted under this Order, being a licence which includes a flying instructor’s rating, entitling that other person to give instruction in flying the type of aircraft being flown.

Flight crew licence requirements – exception for dual flying training

48

(1) A person may act as pilot of an aircraft of which the flight crew required to be carried by or under this Order is not more than one pilot for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence without being the holder of an appropriate licence granted or rendered valid under this Order if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of giving instruction in flying or conducting flying tests;

(b) the person acts in accordance with instructions given by another person holding a pilot’s licence granted under this Order, being a licence which includes a flying instructor rating entitling that other person to give instruction in flying the type of aircraft being flown; and

(i) the aircraft is fitted with dual controls and the person is accompanied in the aircraft by the instructor who is seated at the other set of controls; or

(ii) the aircraft is fitted with controls designed for and capable of use by two persons and the person is accompanied in the aircraft by the instructor who is seated so as to be able to use the controls.

Flight crew licence requirement – exception for flight engineers

49

A person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the Territory without being the holder of an appropriate licence if—

(a) the flight is for the purpose of undergoing training or tests for the grant or renewal of a flight engineer’s licence or for the inclusion, renewal or extension of a rating in such a licence; and

(b) the person acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

Flight crew licence – exception for members of HM Forces

50

A person may act as a member of the flight crew of an aircraft registered in the Territory without being the holder of an appropriate licence if, in so doing, the person is acting in the course of his or her duty as a member of any of Her Majesty’s naval, military or air forces.

Grant, renewal and effect of flight crew licences

51

(1) The Governor must grant a licence of any of the classes specified in Schedule 3, authorising the holder to act as a member of the flight crew of an aircraft registered in the Territory, upon being satisfied that the applicant—

(a) is a fit person to hold the licence; and

(b) is qualified by having the knowledge, experience, competence, skill and physical and mental fitness to act in the capacity to which the licence relates; and

(2) For the purposes of paragraph (1) the applicant must provide evidence and undergo such examinations and tests and undertake such courses of training as the Governor requires.

(3) A licence granted under this article is not valid unless it is signed by the holder in ink.

(4) Subject to article 11, a licence remains in force for the period indicated in the licence and if no period is indicated it remains in force for the lifetime of the holder.

(5) The Governor may renew a licence from time to time upon being satisfied that the holder is a fit person and is qualified in accordance with paragraph (1).

(6) A licence of any class must not be granted to any person who is under the minimum age specified for that class of licence.

(7) The Governor may include in a licence a rating of any of the classes specified in the specified requirements, upon being satisfied that the applicant is qualified to act in the capacity to which the rating relates; and such rating is deemed to form part of the licence.

(8) Subject to any conditions of the licence and to the provisions of this Order, a licence of any class entitles the holder to perform the functions specified in that licence and a rating of any class entitles the holder of the licence in which such rating is included to perform the functions specified in that rating.

Maintenance of privileges of aircraft ratings in licences

52

(1) The holder of a pilot’s licence or a flight engineer’s licence must not exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of test or a valid certificate of experience in respect of the rating.

(2) A certificate under paragraph (1) must be appropriate to the functions the holder is to perform on that flight in accordance with the requirements of the Governor and the holder must comply with those requirements.

(3) The holder of a Private Pilot’s Licence (Balloons and Airships) is entitled to exercise the privileges of an aircraft rating contained in the licence on a flight when the licence does not bear such a certificate.

(4) The holder of a Private Pilot’s Licence is not entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the certificate of test or certificate of experience required by paragraph (1) is included in the personal flying log book required to be kept under article 58.

Maintenance of privileges of other ratings in licences

53

A person is not entitled to perform the functions to which an instrument rating (aeroplanes), an instrument rating (helicopters), or a flying instructor’s rating relates unless the person’s licence bears a valid certificate of test, which must be appropriate to the functions to which the rating relates, in accordance with the specified requirements and the person complies with those requirements.

Medical requirements for licence holders

54

(1) The holder of a licence granted under article 51, other than a Flight Radiotelephony Operator’s Licence, must not perform any of the functions to which the licence relates unless it includes an appropriate valid medical certificate.

(2) Every applicant for or holder of a licence granted under article 51 must, upon such occasions as the Governor requires, submit to a medical examination by a person approved by the Governor, either generally or in a particular case or class of cases, who must make a report to the Governor in such form as the Governor requires.

(3) The Governor or any person approved by the Governor as competent to do so may issue a medical certificate to the effect that the holder of the licence meets the requirements specified in respect of the medical certificate.

(4) The certificate issued under paragraph (3) is valid for the period specified and is deemed to form part of the licence.

Licence holder not to act as member of flight crew when unfit

55

(1) A person must not act as a member of the flight crew of an aircraft registered in the Territory if they know or suspect that their physical or mental condition renders them temporarily or permanently unfit to perform such functions or to act in such capacity.

(2) Every holder of a medical certificate issued under article 54(3) who—

(i) suffers any personal injury involving any incapacity to undertake the holder’s functions as a member of the flight crew;

(ii) suffers any illness involving any incapacity to undertake those functions throughout a period of 21 days or more; or

(iii) has reason to believe that she is pregnant,

must inform the Governor in writing of such injury, illness or pregnancy as soon as possible in the case of injury or pregnancy, and as soon as the period of 21 days has expired in the case of illness.

(3) The medical certificate is deemed to be suspended upon the occurrence of such injury or the expiry of such period of illness or the confirmation of the pregnancy.

(4) In the case of injury or illness the suspension ceases upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume functions as a member of the flight crew or upon the Governor exempting the holder from the requirement of a medical examination.

(5) In the case of pregnancy, the suspension may be lifted by the Governor upon the holder being medically examined under arrangements made by the Governor after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.

Miscellaneous licensing provisions

56

(1) The holder of a licence who, on the last occasion when the holder took a test for the purposes of articles 52 or 53, failed that test must not fly in the capacity for which that test would have qualified the holder had it been passed.

(2) Nothing in this Order shall prohibit the holder of a pilot’s licence from acting as pilot of an aircraft certificated for single pilot operation when, with the permission of the Governor, the holder is testing any person for the purposes of articles 51(1), 51(5), 52 or 53, even if—

(a) the type of aircraft in which the test is conducted is not specified in an aircraft rating included in the licence; or

(b) the licence or personal flying log book, as the case may be, does not include a valid certificate of test, experience or revalidation for the type of aircraft.

(3) If the Governor so permits a test may be conducted in a synthetic training device approved by the Governor in accordance with the specified requirements.

(4) Without prejudice to any other provision of this Order the Governor may, for the purpose of this Part of this Order—

(a) approve any course of training or instruction;

(b) authorise a person to conduct such examinations or tests as may be specified; and

Validation of licences

57

The Governor may issue a certificate of validation rendering valid for the purposes of this Order any flight crew licence granted under the law of any country other than the Territory.

Personal flying logbook

58

(1) Every member of the flight crew of an aircraft registered in the Territory, and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under this Order, must keep a personal flying logbook in which the following particulars must be recorded—

(a) the name and address of the holder of the log book;

(b) particulars of the holder’s licence (if any) to act as a member of the flight crew of an aircraft; and

(2) Particulars of each flight during which the holder of the log book acted either as a member of the flight crew of an aircraft or for the purpose of qualifying for the grant or renewal of a licence under this Order, as the case may be, must be recorded in the logbook at the end of each flight or as soon as reasonably practicable after the end of each flight.

(3) The particulars required under paragraph (2) are—

(a) the date, the places at which the holder embarked on and disembarked from the aircraft and the time spent during the course of a flight when the holder was acting in either capacity;

(b) the type and registration marks of the aircraft;

(d) particulars of any special conditions under which the flight was conducted, including night flying and instrument flying; and

(e) particulars of any test or examination undertaken whilst in flight.

(4) For the purposes of this article, a helicopter is deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.

(5) Particulars of any test or examination undertaken whilst in a synthetic training device must be recorded in the logbook, including—

(a) the date of the test or examination;

(b) the type of synthetic training device;

(d) the nature of the test or examination.

Instruction in flying

59

(1) This article applies to instruction in flying given to any person flying or about to fly an aircraft for the purpose of becoming qualified for—

(a) the grant of a pilot’s licence;

(b) the inclusion or variation of any rating in a licence.

(2) The holder of a licence must not give any instruction in flying to which this article applies unless—

(a) the licence granted or rendered valid under this Order entitles the holder to act as pilot-in-command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and

(b) the licence includes an instructor’s rating entitling the holder to give the instruction.

Glider pilot-minimum age

60

A person under the age of 16 years must not act as pilot-in-command of a glider.

PART 5 — PROTECTION OF CREW

Application and interpretation of Part 5

61

(1) Subject to paragraph (2), articles 62 and 63 apply to an aircraft registered in the Territory that is either—

(a) flying on a commercial air transport flight;

(b) operated by an air transport undertaking; or

(2) Articles 62 and 63 do not apply to an aircraft in flight made only for the purpose of instruction in flying given by or on behalf of a flying club or flying school.

(3) In this Part—

(a) “flight time”, in relation to any person, means all time spent by that person in—

(i) a civil aircraft whether or not registered in the Territory (other than an aircraft of which the maximum total weight authorised does not exceed 1600kg and which is not flying for the purpose of commercial air transport or aerial work); or

(ii) a military aircraft;

while it is in flight and the person is carried as a member of the crew; and

(b) a helicopter is deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.

Fatigue of crew - operator’s responsibilities

62

(1) The operator of an aircraft to which this article applies must not cause or permit that aircraft to make a flight unless the operator has established a fatigue management scheme for the regulation of flight times, flight duty periods, duty periods and rest period limitations for every person flying in that aircraft as a member of its crew.

(2) Subject to paragraph (7), the scheme established under paragraph (1) must be approved by the Governor.

(3) The scheme established under paragraph (1) must—

(a) be incorporated in the operations manual required by either article 96 or article 134; or

(b) in any case where an operations manual is not required by either of those articles, be incorporated in a document a copy of which has been made available to every person flying in that aircraft as a member of its crew.

(4) The operator must take all steps reasonably practicable to ensure that the provisions of the scheme will be complied with in relation to every person flying in that aircraft as a member of its crew.

(5) The operator of an aircraft to which this article applies must not cause or permit any person to fly as a member of its crew if the operator knows or has reason to believe that the person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue whilst so flying as may endanger the safety of the aircraft or of its occupants.

(6) The operator of an aircraft to which this article applies must not cause or permit any person to fly as a member of its flight crew unless the operator possesses an accurate and up to date record in respect of that person, and in respect of the 28 days immediately preceding the flight, showing—

(a) all the person’s flight times, and

(b) brief particulars of the nature of the functions performed by the person in the course of the flight times.

(7) Paragraph (2) does not apply to the operator of an aircraft registered in the Territory of any class, or which is used in any of the cases, identified in article 132(2).

Fatigue of crew - responsibilities of crew

63

(1) Persons must not act as members of the crew of an aircraft to which this article applies if they know or suspect that they are suffering from, or, having regard to the circumstances of the flight to be undertaken, are likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants.

(2) A person must not act as a member of the flight crew of an aircraft to which this article applies without first ensuring that the operator of the aircraft is aware of that person’s flight times during the period of 28 days preceding the flight.

Flight times - responsibilities of flight crew

64

(1) Subject to paragraph (2), a person must not act as a member of the flight crew of an aircraft registered in the Territory if at the beginning of the flight the aggregate of all that person’s previous flight times—

(a) during the period of 28 consecutive days expiring at the end of the day on which the flight begins exceeds 100 hours; or

(b) during the period of twelve months expiring at the end of the previous month exceeds 900 hours.

(2) This article does not apply to a flight that is a private flight in an aircraft of which the maximum total weight does not exceed 1600kg.

(3) This article does not apply to a private or aerial work flight, which is not operated by an air transport undertaking if, at the time when the flight begins, the aggregate of all the flight times of the member of the flight crew concerned since last being medically examined and found fit by a person approved by the Governor for the purpose of article 54(2) is not more than 25 hours.

Protection of aircrew from cosmic radiation

65

(1) A relevant undertaking must take appropriate measures to—

(a) assess the exposure to cosmic radiation when in flight of those air crew who are liable to be subject to cosmic radiation in excess of 1 milliSievert per year;

(b) take into account the assessed exposure when organising work schedules with a view to reducing the doses experienced by highly exposed air crew; and

(2) A relevant undertaking must ensure that in relation to a pregnant air crew member, the conditions of exposure to cosmic radiation when she is in flight are such that the equivalent dose to the foetus will be as low as reasonably achievable and is unlikely to exceed 1 milliSievert during the remainder of the pregnancy.

(3) Nothing in paragraph (2) requires the undertaking concerned to take any action in relation to an air crew member until she has notified the undertaking in writing that she is pregnant.

(4) The definition in article 3 of “crew” does not apply for the purposes of this article.

(5) In this article and in article 66—

(a) “air crew” means every person employed or engaged in an aircraft in flight on the business of the aircraft;

(b) “undertaking” includes a natural or legal person and “relevant undertaking” means an undertaking established in the Territory which operates aircraft;

Keeping and production of records of exposure to cosmic radiation

66

(1) A relevant undertaking must keep a record for the period and in the manner specified by the Governor of the exposure to cosmic radiation of air crew assessed under article 65 and the names of the air crew concerned.

(2) A relevant undertaking must, within a reasonable period after being requested to do so by an authorised person, produce to that person the record required to be kept under paragraph (1).

(3) A relevant undertaking must, within a reasonable period after being requested to do so by a person, in respect of whom a record is required to be kept under paragraph (1), supply a copy of that record to that person.

PART 6 — AIRCRAFT IN FLIGHT

Rules of the Air

67

(1) The Governor may, by regulation, make Rules of the Air supplementary to but not inconsistent with the Rules of the Air in Schedule 4.

(2) It is an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air.

(3) It is lawful to depart from the Rules of the Air to the extent necessary—

(a) for avoiding immediate danger;

(b) for complying with the law of any country other than the Territory within which the aircraft then is;

(c) for complying with Military Flying Regulations or Flying Orders to Contractors issued by the Secretary of State in relation to an aircraft of which the pilot-in-command is acting in the course of his duty as a member of any of Her Majesty’s naval, military or air forces.

(4) If any departure from the Rules of the Air is made for the purpose of avoiding immediate danger, the pilot-in-command of the aircraft must cause written particulars of the departure, and of the circumstances giving rise to it, to be given to the competent authority of the country in whose territory the departure was made or, if the departure was made over the high seas, to the Governor.

(5) Nothing in the Rules of the Air exonerates any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.

Power to prohibit or restrict flying

68

(1) Where the Governor decides it is necessary in the public interest to restrict or prohibit flying by reason of—

(a) the intended gathering or movement of a large number of persons;

(b) the intended holding of an aircraft race or contest or of a flying display; or

the Governor may issue directions prohibiting, restricting or imposing conditions on flights by aircraft specified and flying in the circumstances specified in paragraph (2).

(2) The aircraft and circumstances referred to in paragraph (1) are—

(a) aircraft, whether or not registered in the Territory, in any airspace over the Territory or in the neighbourhood of an offshore installation; and

(b) aircraft registered in the Territory in any other airspace, being airspace in respect of which the Government of the Territory has, under international arrangements, undertaken to provide navigation services for aircraft.

(3) Directions given under this article may apply either generally or in relation to any class of aircraft.

(4) It is an offence to contravene, or permit the contravention of, or fail to comply with, any directions given under this article.

(5) If the pilot-in-command of an aircraft becomes aware that the aircraft is flying in contravention of any directions which have been given for any of the reasons referred to in paragraph (1)(c) the pilot-in-command must, unless otherwise instructed under paragraph (6), cause the aircraft to leave the area to which the directions relate by flying to the least possible extent over such area and the aircraft must not begin to descend while over such an area.

(6) The pilot-in-command of an aircraft flying either within an area for which directions have been given for any of the reasons referred to in paragraph (1)(c) or within airspace notified as a Danger Area must immediately comply with instructions given by radio by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.

Flying Displays

69

(1) Except as provided in paragraph (12) and (14), no person may act as the organiser of a flying display (in this article referred to as ‘the flying display director’) without first obtaining the permission of the Governor for that flying display.

(2) The pilot-in-command of an aircraft who is intending to participate in a flying display must be satisfied before participating that—

(a) the flying display director has been granted an appropriate permission under paragraph (6);

(b) the flight can comply with any relevant conditions subject to which that permission may have been granted; and

(3) The pilot-in-command who is participating in a flying display for which permission has been granted must comply with any conditions subject to which that permission may have been granted.

(4) A person acting as pilot of an aircraft participating in a flying display must hold an appropriate pilot display authorisation and comply with any conditions subject to which the authorisation may have been given.

(5) A flying display director must not permit any person to act as pilot of an aircraft that participates in a flying display unless that person holds an appropriate pilot display authorisation.

(6) The Governor must grant a permission required by paragraph (1) upon being satisfied that the applicant is fit and competent to organise safely the proposed flying display, having regard in particular to the applicant’s—

(a) previous conduct and experience;

(b) organisation, staffing and other arrangements.

(7) The Governor may grant a permission subject to conditions in respect of military aircraft as the Governor thinks fit.

(8) The Governor must, for the purposes of this article, grant a pilot display authorisation authorising the holder to act as pilot of an aircraft taking part in a flying display upon being satisfied that the applicant is—

(a) a fit person to hold the authorisation; and

(b) is qualified by having the knowledge, experience, competence, skill, physical and mental fitness to fly in accordance with the authorisation.

(9) For the purposes of paragraph (8) the applicant must supply such evidence and undergo such examinations and tests as the Governor may require.

(10) The Governor may authorise a person to conduct such examinations or tests as may be specified.

(11) For the purposes of this article, an appropriate pilot display authorisation means an authorisation which is valid and appropriate to the intended flight and which has been granted by the Governor under paragraph (8).

(12) Paragraph (1) does not apply to—

(a) a flying display which takes place at a military aerodrome; or

(b) a flying display at which the only participating aircraft are military aircraft.

(13) A flying display director must not permit any military aircraft to participate in a flying display unless the director complies with any conditions concerning military aircraft subject to which permission for the flying display may have been granted.

(14) Nothing in this article applies to an aircraft race or contest or to an aircraft taking part in such a race or contest or to the pilot-in-command or pilot whether or not such race or contest is held in association with a flying display.

Balloons

70

(1) This article applies to balloons within the Territory.

(2) A balloon in captive or tethered flight must not be flown without the permission in writing of the Governor.

(3) An uncontrollable balloon in released flight must not be flown in airspace notified for the purposes of this paragraph without the permission in writing of the Governor.

(4) Except during the day and in visual meteorological conditions a controllable balloon must not be flown in free controlled flight—

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traffic zone of an aerodrome during the notified operating hours of that aerodrome.

(5) A balloon when in captive flight must be securely moored and must not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.

(6) Except with the permission of the Governor, and in accordance with its conditions, a person must not cause or permit a group of small balloons exceeding 1000 in number to be simultaneously released at a single site.

(7) For the purposes of this article ‘simultaneously released at a single site’ means the release of a specified number of balloons during a period not exceeding 15 minutes from within an area not exceeding 1 square km.

Gliders, kites and parascending parachutes

71

(1) This article applies to gliders, kites and parascending parachutes within the Territory.

(2) Except with the permission of the Governor—

(a) a glider or parascending parachute must not be launched by winch and cable or by ground tow to a height of more than 60 metres above ground level;

(b) a kite must not be flown at a height of more than 30 metres above ground level within the aerodrome traffic zone of an aerodrome during the notified operating hours of that aerodrome;

(d) a parascending parachute must not be launched by winch and cable or by ground tow within the aerodrome traffic zone of an aerodrome during the notified operating hours of that aerodrome.

Airships

72

(1) This article applies to airships within the Territory.

(2) An airship with a capacity exceeding 3000 cubic metres must not be moored other than at an aerodrome except with the permission in writing of the Governor.

(3) Except with the permission in writing of the Governor an airship with a capacity not exceeding 3000 cubic metres, unless it is moored on an aerodrome, must not be moored—

(a) within 2 km of a congested area; or

(b) within the aerodrome traffic zone of an aerodrome.

(4) An airship when moored in the open must be securely moored and must not be left unattended.

Regulation of small unmanned aircraft

73

(1) A person must not cause or permit any article or animal (whether or not attached to a parachute) to be dropped from a small unmanned aircraft so as to endanger persons or property.

(2) The person in charge of a small unmanned aircraft may only fly the aircraft if reasonably satisfied that the flight can safely be made.

(3) The person in charge of a small unmanned aircraft must maintain direct, unaided visual contact with the aircraft sufficient to monitor its flight path in relation to other aircraft, persons, vehicles, vessels and structures for the purpose of avoiding collisions.

(4) The person in charge of a small unmanned aircraft which has a mass of more than 7kg, excluding its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight, must not fly the aircraft—

(a) in Class A, C, D or E airspace unless the permission of the appropriate air traffic control unit has been obtained;

(b) within an aerodrome traffic zone during the notified hours of watch of the air traffic control unit (if any) at that aerodrome unless the permission of any such air traffic control unit has been obtained; or

(c) at a height of more than 400 feet above the surface unless it is flying in airspace described in sub-paragraph (a) or (b) and in accordance with the requirements for that airspace.

(5) The person in charge of a small unmanned aircraft must not fly the aircraft for the purposes of aerial work except in accordance with a permission granted by the Governor.

(6) The person in charge of a small unmanned surveillance aircraft must not fly the aircraft in any of the circumstances described in paragraph (7) except in accordance with a permission issued by the Governor.

(7) The circumstances referred to in paragraph (6) are—

(a) over or within 150 metres of any congested area;

(b) over or within 150 metres of an organised open-air assembly of more than 1,000 persons;

(c) within 50 metres of any vessel, vehicle or structure which is not under the control of the person in charge of the aircraft; or

(d) subject to paragraphs (8) and (9), within 50 metres of any person.

(8) Subject to paragraph (9), during take-off or landing, a small unmanned surveillance aircraft must not be flown within 30 metres of any person.

(9) Paragraphs (7)(d) and (8) do not apply to the person in charge of the small unmanned surveillance aircraft or a person under the control of the person in charge of the aircraft.

(10) In this article “a small unmanned surveillance aircraft” means a small unmanned aircraft that is equipped to undertake any form of surveillance or data acquisition.

PART 7 — OPERATION OF AIRCRAFT

Operation of aircraft

74

(1) A person must not operate an aircraft registered in the Territory, or an aircraft registered elsewhere than in the Territory in or over the Territory, unless that person complies with—

(a) the operating limitations specified in the aircraft flight manual or equivalent document, except as provided in paragraph (4);

(b) the Rules of the Air and any supplemental Rules of the Air made by the Governor under article 67(1);

(c) any instructions given or published by the Governor for the operation and safety of aircraft and the safety of persons and property carried in an aircraft including instructions in respect of the instruments and equipment to be installed in or carried on an aircraft.

(2) Subject to article 156, an aircraft must not take off or land at any place unless—

(a) the aerodrome or operating site is satisfactory, taking account of the physical characteristics of the place, the operating environment and the performance of the aircraft; and

(b) for operations at an aerodrome, at the expected time of use the aerodrome will be available and equipped with necessary ancillary services.

(3) For the purposes of this article “ancillary services” means some or all of air traffic services, lighting, communications, weather reporting, navigation aids and emergency services, as appropriate to the circumstances.

(4) An aircraft flying clear of cloud and with the surface in sight is, for the purposes of paragraph (1)(a), deemed to be flying in accordance with the Visual Flight Rules.

Non-commercial air transport aircraft – aerodrome operating minima

75

(1) This article applies to any aircraft that is not operating for the purposes of commercial air transport.

(2) Except under and in accordance with the terms of an approval to do so, an aircraft to which this article applies must not conduct—

(a) a Category II operation; or

(b) an Other than Standard Category II operation; or

unless, under the law of the country in which it is registered, the aircraft is certificated for operations with decision heights below 200 feet, or no decision height, and is equipped for such operations.

(3) Except under and in accordance with the terms of an approval to do so, granted in accordance with the law of the country in which it is registered, an aircraft to which this article applies must not—

(a) take off when the relevant runway visual range is less than the specified runway visual range; or

(b) conduct an approach and landing when the visibility or relevant runway visual range is less than that specified for a Category I operation.

(4) In the case of an aircraft registered in the Territory, an approval referred to in paragraphs (2) and (3) is one issued by the Governor.

(5) Without prejudice to the provisions of paragraph (2) an aircraft to which this article applies, when making a descent at an aerodrome, must not descend from a height of 1000 feet or more above the aerodrome to a height less than 1000 feet above the aerodrome if the reported visibility or relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.

(6) Without prejudice to the provisions of paragraph (2) an aircraft to which this article applies when making a descent to a runway in respect of which there is a notified instrument approach procedure must not—

(a) continue an approach to landing at such a runway by flying below the relevant specified decision height; or

(b) descend below the relevant specified minimum descent height;

unless in either case from such height the specified visual reference for landing is established and is maintained.

(7) If, according to the information available, an aircraft would, as regards any flight, be required by any of rules 18(1), 19(1) or 20 of the Rules of the Air to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot-in-command of the aircraft must select prior to take-off an alternative aerodrome, unless no aerodrome suitable for that purpose is available.

(8) A flight to be conducted in accordance with the Instrument Flight Rules to an aerodrome when no alternate aerodrome is available must not be commenced unless—

(a) a designated instrument approach procedure is available for the aerodrome of intended landing; and

(b) the available current meteorological information indicates that visual meteorological conditions will exist at the aerodrome of intended landing from two hours before to two hours after the estimated time of arrival.

(9) A flight must not be continued towards the aerodrome of intended landing unless the latest available information indicates that conditions at that aerodrome, or at least one alternate aerodrome, will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.

(10) In this article “specified” in relation to aerodrome operating minima means the particulars of aerodrome operating minima notified in respect of the aerodrome or if the relevant minima have not been notified such minima as are ascertainable by reference to the notified method for calculating the aerodrome operating minima.

(11) In this article “Category I operation”, “Category II operation” and “Other than Standard Category II operation” have the same meaning as in article 105(9).

(12) In this article “designated” in relation to an instrument approach procedure means notified, prescribed or otherwise designated by the relevant competent authority.

Pilot to remain at controls

76

(1) The pilot-in-command of a flying machine registered in the Territory must ensure that one pilot remains at the controls at all times while it is in flight.

(2) If the aircraft is required by or under this Order to carry two pilots, the pilot-in-command must ensure that both pilots remain at the controls during take-off and landing.

(3) If the aircraft carries two or more pilots (whether or not it is required to do so) and is engaged on a flight for the purpose of the commercial air transport of passengers, the pilot-in-command must remain at the controls during take-off and landing.

(4) An operator must not permit a helicopter rotor to be turned under power for the purpose of making a flight unless there is a person at the controls entitled in accordance with article 44 to act as pilot-in-command of the helicopter.

(5) Each pilot at the controls must be secured in his seat by either a safety belt with or without one diagonal shoulder strap, or a safety harness, except that during take-off and landing a safety harness must be worn if it is required by article 35 to be provided.

Wearing of survival suits by crew

77

Each member of the crew of an aircraft registered in the Territory must wear a survival suit if the specified requirements demand that such a suit is to be worn.

Pre-flight action by pilot-in-command of an aircraft

78

The pilot-in-command of an aircraft must take all reasonable steps so as to be satisfied before the aircraft takes off—

(a) that the flight can safely be made, taking into account the latest information available as to the route and aerodrome to be used, the weather reports and forecasts available and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

(b) either—

(i) that the equipment (including radio equipment) required by or under this Order to be carried in the circumstances of the intended flight is carried and is in a fit condition for use; or

(ii) that the flight may commence under and in accordance with the terms of an approval granted to the operator under article 37;

(d) that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight;

(e) that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies;

(f) in the case of an airship or balloon, that sufficient ballast is carried for the intended flight; and

(g) that, having regard to its performance in the conditions to be expected on the intended flight and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height and making a safe landing at the place of intended destination.

Passenger briefing by pilot-in-command

79

The pilot-in-command of an aircraft registered in the Territory must take all reasonable steps to ensure—

(a) before the aircraft takes off on any flight, that all passengers are made familiar with the position and method of use of emergency exits, safety belts, safety harnesses and oxygen equipment, lifejackets and the floor path lighting system and all other devices required by or under this Order and intended for use by passengers individually in the case of an emergency occurring to the aircraft; and

(b) that in an emergency during a flight, all passengers are instructed in the emergency action which they should take.

Survival equipment - non-commercial air transport flights

80

(1) This article applies to any aircraft registered in the Territory that is flying for a purpose other than commercial air transport.

(2) The pilot-in-command of an aircraft to which this article applies must be satisfied on reasonable grounds before take-off that the aircraft carries such additional equipment as the pilot-in-command reasonably considers necessary for the purpose of facilitating the survival of the persons carried in the aircraft.

(3) In complying with paragraph (2), the pilot-in-command must have regard to the circumstances of the intended flight, including in particular the likelihood of ditching and the availability of search and rescue facilities.

Use of oxygen - non-commercial air transport flights

81

(1) This article applies to any aircraft registered in the Territory that is flying for any purpose other than commercial air transport.

(2) Except where the cabin pressure altitude does not exceed 10,000 feet during the flight, on every flight to which this article applies the pilot-in-command of the aircraft must take all reasonable steps to ensure that—

(a) before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 35 is demonstrated to all passengers;

(b) when flying above flight level 130 all passengers and crew members are instructed to use oxygen;

(c) during any period when the aircraft is flying above flight level 100 up to and including flight level 130 oxygen is used by all the flight crew of the aircraft for any part of the flight between those altitudes that is of more than 30 minutes duration; and

(d) during any period when the aircraft is flying above flight level 130 oxygen is used continuously by all the flight crew of the aircraft.

Operation of radio in aircraft

82

(1) A radio station in an aircraft must not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued for that radio station under the law of the country in which the aircraft is registered or the State of the operator and by a person duly licensed or otherwise permitted to operate the radio station under that law.

(2) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communication equipment, a continuous radio watch must be maintained by a member of the flight crew listening to the signals transmitted on the frequency notified or designated for use by that aircraft by a message received from an appropriate aeronautical radio station.

(3) The radio watch referred to in paragraph (2)—

(a) may be discontinued or continued on another frequency if a message from an appropriate aeronautical radio station permits this; or

(b) may be kept by a device installed in the aircraft if—

(i) the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and

(ii) that station is notified or, in the case of a station situated in a country other than the Territory, otherwise designated as transmitting a signal suitable for that purpose.

(4) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio or radio navigation equipment, a member of the flight crew must operate that equipment in such a manner as instructed by the appropriate air traffic control unit or as may be notified in relation to any notified airspace in which the aircraft is flying.

(5) The radio station in an aircraft must not be operated so as to cause interference with, or impair the efficiency of, aeronautical telecommunications or navigational services, and in particular emissions must not be made except as follows—

(a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;

(b) distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;

(c) messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; and

(d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1).

(6) In any aircraft operating under instrument flight rules and in any flying machine registered in the Territory which is engaged on a flight for the purpose of commercial air transport, those flight crew members required to be on flight deck duty must not make use of a hand-held microphone (whether for the purpose of radio communication or of intercommunications within the aircraft) when below the transition altitude.

Use of airborne collision avoidance system

83

On any flight on which an airborne collision avoidance system is required to be carried in an aeroplane in accordance with article 35, the system must be operated—

(a) in the case of an aircraft to which article 96 applies, in accordance with procedures contained in the operations manual for the aircraft;

(b) in the case of an aircraft registered in the Territory to which article 96 does not apply, in accordance with procedures which are suitable having regard to the purposes of the equipment; or

(c) in the case of an aircraft which is registered elsewhere than in the Territory, in accordance with any procedures with which it is required to comply under the law of the country in which the aircraft is registered.

Use of flight recording systems and preservation of records

84

(1) On any flight on which a flight recorder is required to be carried in an aeroplane in accordance with article 35, it must be operated continuously from the time the first engine is started for the purpose of making a flight until the time the last engine is shut down after landing.

(2) On any flight on which a flight recorder is required under article 35 to be carried in a helicopter, it must be operated continuously from the time the rotors first turn for the purpose of making a flight until the rotors are next stopped.

(3) In the event of an incident or accident the pilot-in-command and the operator of the aircraft must ensure that flight recorders are de-activated and must, subject to article 171, preserve the flight recorder and records in accordance with such requirements as the Governor may prescribe or as the Governor directs.

(4) The operator of the aircraft must ensure that operational checks and evaluations of recordings from the flight data recorder and cockpit voice recorder systems are conducted in accordance with the specified requirements, to ensure the continued serviceability of the recorders.

Duties of pilot-in-command – search and rescue

85

Without prejudice to any other provision of this Order, the pilot-in-command of an aircraft that is either registered in the Territory or, if not so registered, is flying within the Territory airspace shall cooperate in fulfilling the instructions of the Governor in relation to the provision of assistance to aircraft in distress or in relation to search and rescue.

Method of carriage of persons

86

(1) A person must not—

(a) be in or on any part of an aircraft in flight which is not a part designed for the accommodation of persons and in particular a person must not be on the wings or undercarriage of an aircraft; or

(b) be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight.

(2) A person may have temporary access to—

(a) any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods in it; and

(b) any part of an aircraft in which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aircraft is in flight.

Exits – commercial air transport aircraft

87

(1) This article applies to every Territory registered commercial air transport aeroplane or helicopter.

(2) Subject to paragraph (10), whenever an aeroplane or helicopter to which this article applies is carrying passengers, every exit and every internal door in the aeroplane or helicopter must be in working order.

(3) Subject to paragraph (4) during take-off and landing and during any emergency, every exit and door must be kept free of obstruction and must not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers.

(4) In the case of—

(a) an exit which, in accordance with arrangements approved by the Governor either generally or in relation to a class of aeroplane or helicopter or a particular aeroplane or helicopter, is not required for use by passengers, the exit may be obstructed by cargo;

(b) a door between the flight crew compartment and any adjacent compartment to which passengers have access, the door may be locked or bolted if the pilot-in-command of the aeroplane or helicopter so determines, for the purpose of preventing access by passengers to the flight crew compartment;

(c) an internal door which is so placed that it cannot prevent, hinder or delay the exit of passengers from the aeroplane or helicopter in an emergency if it is not in working order, paragraph (3) does not apply.

(5) Every exit from an aeroplane or helicopter must be marked on interior surfaces with the words “exit” or “emergency exit” in capital letters, which must be red in colour and if necessary outlined in white to contrast with the background.

(6) Every exit from an aeroplane or helicopter must be marked on exterior surfaces with the words “exit” or “emergency exit” in capital letters, which must be located on a background that provides adequate contrast.

(7) Every exit from an aeroplane or helicopter must be marked on interior surfaces on or near the inside surface of the door or other closure of the exit with instructions in English and with diagrams to indicate the correct method of opening the exit, which must be red in colour and located on a background which provides adequate contrast.

(8) Every exit from the aeroplane or helicopter which may be opened from the outside must be marked on or near the exterior surface of the door or other closure of the exit with instructions in English and with diagrams to indicate the correct method of opening the exit which must be located on a background which provides adequate contrast.

(9) The markings required by this article must be—

(a) painted, or fixed by other equally permanent means; and

(b) kept clean and un-obscured at all times.

(10) Subject to compliance with paragraph (11), if one, but not more than one, exit from an aeroplane or helicopter becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this article prevents that aeroplane or helicopter from carrying passengers until it next lands at a place where the exit can be repaired or replaced.

(11) Paragraph 10 is complied with if—

(a) the number of passengers carried and the position of the seats which they occupy are in accordance with arrangements approved by the Governor either in relation to the particular aeroplane or helicopter or to a class of aeroplane or helicopter; and

(b) in accordance with arrangements so approved, the inoperative exit is fastened by locking or otherwise, the words “Exit” or “Emergency Exit” are covered, and the exit is marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the words “No Exit” in red letters.

Marking of break-in areas

88

(1) This article applies to all aircraft registered in the Territory.

(2) An operator must ensure that, if areas of the fuselage suitable for break-in by rescue crews in emergency are marked on aircraft to which this article applies, such areas are marked upon the exterior surface of the fuselage with markings to show the areas (in this article referred to as “break-in areas”) which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.

(3) The break-in areas must be marked in accordance with the specified requirements.

89

(1) An aircraft registered in the Territory must not fly in areas with specified performance based navigation unless—

(a) it is equipped with navigation equipment that complies with such requirements published, and instructions given, by the Governor under articles 5 and 74 of this Order;

(b) the operator has been approved by the Governor; and

(c) while the aircraft is flying in such airspace, on such routes or in accordance with such procedures, it is operated in accordance with operating procedures approved by the Governor.

(2) An aircraft need not comply with the requirements of paragraph (1) if—

(a) the flight has been authorised by the appropriate air traffic control unit;

(b) the air traffic control unit is made aware of the lack of compliance of the aircraft with such requirements; and

(3) For the purposes of this article and article 90, “areas with specified performance based navigation” means airspace, routes or procedures which have been notified, prescribed or otherwise designated by the competent authority for the airspace as requiring specified navigation performance capabilities to be met by aircraft flying there.

90

(1) An aircraft registered elsewhere than in the Territory must not fly in areas with specified performance based navigation in the Territory unless—

(a) it is equipped with navigation equipment so 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 in areas with specified performance based navigation; and

(b) the said equipment is capable of being operated so as to enable the aircraft to meet the required performance in terms of navigation functionality, accuracy, integrity, availability and continuity, and it is so operated.

(2) An aircraft need not comply with the requirements of paragraph (1) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

91

(1) An aircraft registered in the Territory must not fly in minimum navigation performance specifications airspace unless—

(a) it is equipped with navigation equipment that complies with such requirements as are published and instructions given by the Governor under articles 5 and 74 of this Order;

(b) the operator has been approved by the Governor; and

(c) while the aircraft is flying in the said airspace, it is operated in accordance with operating procedures approved by the Governor.

(2) For the purposes of this article “minimum navigation performance specifications airspace” means airspace which has been notified, prescribed or otherwise designated as such by the competent authority for the airspace.

Height keeping performance - aircraft registered in the Territory

92

(1) An aircraft registered in the Territory must not fly in reduced vertical separation minimum airspace unless—

(a) the aircraft has been approved by the Governor for operations in such airspace;

(b) the operator has been approved by the Governor; and

(c) while the aircraft is flying in the airspace, it is operated in accordance with operating procedures approved by the Governor.

(2) An aircraft need not comply with the requirements of paragraph (1) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

(3) For the purposes of this article and article 93, “reduced vertical separation minimum airspace” means airspace which has been notified, prescribed or otherwise designated as such by the competent authority for the airspace and where a reduced vertical separation minimum of 1000 feet (300 m) applies above flight level 290.

Height keeping performance - aircraft not registered in the Territory

93

(1) An aircraft registered elsewhere than in the Territory must not fly in notified reduced vertical separation minimum airspace in the Territory unless—

(a) it is equipped with height keeping systems so 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 in any specified areas; and

(b) the said equipment is capable of being operated so as to enable the aircraft to maintain the height keeping performance prescribed in respect of the airspace in which the aircraft is flying, and it is so operated.

(2) An aircraft need not comply with the requirements of paragraph (1) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

PART 9 — AIR OPERATOR CERTIFICATION

Issue of air operator’s certificate

94

(1) An aircraft registered in the Territory must not fly on any flight for the purpose of commercial air transport except under and in accordance with the terms of an air operator’s certificate granted to the operator of the aircraft under paragraph (2), certifying that the holder of the certificate is competent to secure that aircraft operated by the holder on such flights are operated safely.

(2) The Governor must grant an air operator’s certificate to an operator, having its principal place of business in the Territory, upon being satisfied that the applicant is competent to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes specified, having regard in particular to the applicant’s—

(a) previous conduct and experience;

(b) equipment;

(d) maintenance and other arrangements.

(3) The operator of an aircraft to which this article applies must establish and maintain to the satisfaction of the Governor a safety management system appropriate to the size and complexity of the operation.

(4) For the purposes of this article “principal place of business” means the primary location from which flight operations and maintenance management and control are exercised; where the majority of the operational and safety-related records are kept and at which accountable managers are based.

(5) A person must not hold himself or herself, or any other person, out as being a person who may offer flights on an aircraft registered in the Territory for the purpose of commercial air transport unless the person, or that other person (as the case may be), holds a valid air operator’s certificate granted under this article.

Police air operations

95

(1) A flight by an aircraft in the service of a police authority for the Territory is, for the purposes of this Order, deemed to be a commercial air transport flight.

(2) If any passenger is carried on such a flight it is deemed to be for the purpose of commercial air transport of passengers.

(3) Save as otherwise expressly provided, the provisions of this Order and of any regulations made under this Order must be complied with in relation to a flight in the service of a police authority as if that flight were for the purpose of commercial air transport.

(4) An aircraft registered in the Territory must not fly on any flight in the service of the police authority otherwise than under and in accordance with either the terms of an air operator’s certificate granted to the operator under article 94(2) or a police air operator’s certificate granted to the operator under paragraph (5).

(5) The Governor must grant a police air operator’s certificate upon being satisfied that the applicant is competent to secure that the operation of aircraft of the types specified in the certificate will be as safe as is appropriate when flying on flights of the description and for the purposes specified, having regard in particular to the applicant’s—

(a) previous conduct and experience;

(b) equipment;

(d) maintenance and other arrangements.

Operations manual

96

(1) This article applies to commercial air transport aircraft registered in the Territory except aircraft used for the time being solely for flights not intended to exceed 60 minutes in duration, which are flights solely for training persons to perform duties in an aircraft.

(2) An operator of an aircraft to which this article applies must—

(a) make available to each member of the operating staff an operations manual, acceptable to the Governor, which complies with paragraph (3);

(b) ensure that each copy of the operations manual is kept up to date; and

(c) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to the crew member’s duties on the flight.

(3) An operations manual—

(a) complies with this paragraph if, subject to sub-paragraph (b), it contains all information and instructions necessary to enable the operating staff to perform their duties as such, including, in particular, information and instructions relating to the specified requirements;

(b) is not required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.

(4) An aircraft to which this article applies must not fly unless, at least 30 days prior to such flight, the operator of the aircraft has supplied to the Governor a copy of the whole of the operations manual in effect for the aircraft.

(5) Any amendments or additions to the operations manual must be supplied to the Governor by the operator before or immediately after they come into effect.

(6) If an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously apply, that aircraft must not fly for the purpose of commercial air transport until the amendment or addition has been supplied to the Governor.

(7) The operator must make such amendments or additions to the operations manual as the Governor may require for the purpose of ensuring the safety of the aircraft, or of persons or property carried in it, or for the safety or efficiency of air navigation.

Training programme

97

(1) The operator of every aircraft registered in the Territory and flying for the purpose of commercial air transport must—

(a) establish a ground and flight training programme, approved by the Governor, to ensure that flight and cabin crew members are adequately trained and competent to perform their duties; and

(b) ensure that the details of the approved training programme are incorporated into the operations manual required by article 96.

(2) This article does not apply to aircraft flying, or intended by the operator of the aircraft to fly, solely under and in accordance with the terms of a police air operator’s certificate.

(3) The operator must make such amendments or additions to the training programme as the Governor may require for the purpose of ensuring the safety of the aircraft, or of persons or property carried in it, or for the safety of air navigation.

Flight data monitoring

98

(1) This article applies to any aircraft registered in the Territory and flying for the purpose of commercial air transport.

(2) The operator of an aeroplane with a maximum certificated take-off mass of more than 20,000kg must include a flight data monitoring programme as part of its safety management system.

(3) The operator of a helicopter with a maximum certificated take-off mass of more than 7,000kg, or having a maximum approved passenger seating configuration of more than 9, must include a flight data monitoring programme as part of its safety management system.

(4) The sole objective of a flight data monitoring programme is the prevention of accidents and incidents and each programme must be designed and managed to meet that objective.

(5) It is not the purpose of a flight data monitoring programme to establish blame or liability.

PART 10 — COMMERCIAL AIR TRANSPORT OPERATIONS

Operator’s responsibilities

99

(1) The operator of an aircraft registered in the Territory must not permit an aircraft to fly for the purpose of commercial air transport without first—

(a) designating from among the flight crew a pilot to be the pilot-in-command of the aircraft for the flight;

(b) being satisfied by every reasonable means that the aeronautical radio stations and navigational aids serving the intended route or any planned diversion are adequate for the safe navigation of the aircraft; and

(c) ensuring that, for a helicopter flying at night, adequate lighting is in operation at any operating site where it is intended to take off or land.

(2) The operator of an aircraft registered in the Territory must not permit any person to be a member of the crew during any flight for the purpose of commercial air transport (except a flight for the sole purpose of training persons to perform duties in aircraft) unless—

(a) such person has had the training, experience, practice and periodical tests specified by the Governor in respect of the duties to be performed; and

(b) the operator is satisfied that such person is competent to perform those duties, and in particular to use the equipment provided in the aircraft for that purpose.

(3) The operator must maintain, preserve, produce and provide information in respect of records relating to the matters specified in paragraph (2) in accordance with the specified requirements.

(4) During any flight for the purpose of the commercial air transport of passengers, the operator of an aircraft registered in the Territory must not permit any member of the flight crew to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.

Loading - commercial air transport aircraft and suspended loads

100

(1) The operator of an aircraft registered in the Territory must not cause or permit it to be loaded for a flight for the purpose of commercial air transport, or any load to be suspended from it, except under the supervision of a person to whom written instructions have been provided as to the distribution and securing of the load so as to ensure that—

(a) the load may safely be carried on the flight; and

(b) any conditions subject to which the certificate of airworthiness in force for the aircraft was issued or rendered valid or contained in the flight manual for the aircraft relating to the loading of the aircraft are complied with.

(2) The person supervising the loading of the aircraft must, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the specified requirements, and must (unless that person is the pilot-in-command of the aircraft) submit the load sheet for examination by the pilot-in-command of the aircraft who shall sign the same.

(3) The operator of an aircraft registered in the Territory and flying for the purpose of the commercial air transport of passengers must not cause or permit baggage to be carried in the passenger compartment of the aircraft unless such baggage can be properly secured.

Aeroplane operating conditions and performance requirements

101

(1) An aeroplane registered in the Territory must not fly for the purpose of commercial air transport unless it complies with such data as may be approved by the State of design and contained in the flight manual for the aeroplane and the specified requirements or instructions given by the Governor under article 74—

(a) in respect of its weight and related performance;

(b) for flight in specified meteorological conditions; and

(2) An aeroplane need not comply with paragraph (1) to the extent necessary for compliance with the terms of an approval granted to the operator under paragraph (3).

(3) The Governor may grant to the operator of any aeroplane an approval as provided for in the specified requirements or authorising it to comply with alternative performance standards appropriate to the aeroplane and specified in the approval.

(4) An aeroplane registered in the Territory when flying over water for the purpose of commercial air transport must fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aeroplane—

(a) if it has one engine only, in the event of the failure of that engine; or

(b) if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness or flight manual for the aeroplane;

to reach a place at which, from a height sufficient to enable it to do so, it can safely land unless it is flying under and in accordance with the terms of an approval granted by the Governor.

Helicopters - operating conditions and performance requirements

102

(1) A helicopter registered in the Territory must not fly for the purpose of commercial air transport unless it complies with such data as may be approved by the State of design and contained in the flight manual for the helicopter and the specified requirements or instructions given by the Governor under article 74—

(a) in respect of its weight and related performance;

(b) for flight in specified meteorological conditions; and

(2) A helicopter need not comply with paragraph (1) to the extent necessary for compliance with the terms of an approval granted to the operator under paragraph (3).

(3) The Governor may grant to the operator of any helicopter an approval as provided for in the specified requirements or authorising it to comply with alternative performance standards appropriate to the helicopter and specified in the approval.

(4) Except as provided in paragraph (5), and except as may be necessary for the purpose of take-off or landing, a helicopter registered in the Territory when flying over water for the purpose of commercial air transport must fly at such an altitude as would enable the helicopter—

(a) if it has one engine only, in the event of the failure of that engine; or

(b) if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness or flight manual for the helicopter;

to reach a place at which, from a height sufficient to enable it to do so, it can safely land unless it is flying under and in accordance with the terms of an approval granted by the Governor.

(5) A helicopter carrying out Performance Class 3 operations must not fly over water for the purpose of commercial air transport in the specified circumstances unless it is equipped with the required apparatus.

(6) A helicopter to which paragraph (5) applies which is equipped with the required apparatus and which is flying under and in accordance with the terms of an air operator’s certificate granted under article 94 must not fly in the specified circumstances except in accordance with any additional requirements specified by the Governor in relation to its equipment.

(7) A helicopter to which paragraph (5) applies which is equipped with the required apparatus and which is flying under and in accordance with the terms of a police air operator’s certificate—

(a) on which any passenger is carried who is not a permitted passenger, must not fly in the specified circumstances on any flight for more than 20 minutes; or

(b) on which no passenger is carried other than a permitted passenger, must not fly over water on any flight for more than 10 minutes so as to be more than 5 minutes from a point from which it can make an autorotative descent to land at a place suitable for an emergency landing.

(8) For the purposes of paragraph (7) flying time is calculated at normal cruising speed.

(9) For the purposes of this article—

(a) “permitted passenger” means—

(i) a police officer;

(ii) an employee of a police authority;

(iii) a medical attendant;

(iv) the holder of a valid pilot’s licence who intends to act as a member of the flight crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate and who is being carried for the purpose of training or familiarisation; or

(v) such other person being carried for purposes connected with police operations as may be permitted in writing by the Governor;

(b) “required apparatus” means apparatus approved by the Governor enabling the helicopter to which it is fitted to land safely on water;

(c) “specified circumstances” means circumstances in which a helicopter is flying beyond a point from which it can make an autorotative descent to land at a place suitable for an emergency landing.

Commercial air transport operations at night or in instrument meteorological conditions by single engine aeroplanes

103

A single-engine aeroplane, or a two-engine aeroplane that is unable to maintain a positive climb gradient in the event of an engine failure on take-off, must not be flown for the purpose of commercial air transport at night or in instrument meteorological conditions unless it is flying on a special VFR flight in a control zone.

Commercial air transport aircraft registered in the Territory – aerodrome-operating minima

104

(1) This article applies to commercial air transport aircraft registered in the Territory.

(2) An aircraft to which this article applies must not conduct a Category II operation, an Other than Standard Category II operation or an approach and landing using minima lower than those for a Category II operation unless—

(a) the aircraft is certificated for operations with decision heights below 200 feet, or no decision height, and is equipped for such operations; and

(b) the operation is conducted under and in accordance with the terms of an approval issued by the Governor.

(3) An aircraft to which this article applies must not—

(a) take off when the relevant runway visual range is less than the specified runway visual range; or

(b) conduct an approach and landing when the visibility or relevant runway visual range is less than that specified for a Category I operation;

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