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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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except under and in accordance with the terms of an approval so to do issued by the Governor.

(4) The operator of every aircraft to which this article applies must establish and include in the operations manual relating to the aircraft the particulars of the aerodrome operating minima (in this article called “the particulars”) appropriate to every aerodrome of intended departure or landing and every alternate aerodrome.

(5) In relation to any flight where an operations manual is not required under article 96, or it is not practicable to include the particulars in the operations manual, the operator of the aircraft must, prior to the commencement of the flight, cause to be provided in writing to the pilot-in-command of the aircraft the particulars calculated in accordance with the required data and instructions (as defined in paragraph (6) of this article) and the operator shall cause a copy of the particulars to be retained outside the aircraft for a minimum period of three months.

(6) The operator of every aircraft to which this article applies for which an operations manual is required by this Order, must include in that operations manual such data and instructions (in this article called “the required data and instructions”) as will enable the pilot-in-command of the aircraft to calculate the aerodrome operating minima appropriate to aerodromes the use of which cannot reasonably have been foreseen by the operator prior to the commencement of the flight.

(7) The operator of every such aircraft to which this article applies for which an operations manual is not required must, prior to the commencement of the flight, cause to be provided in writing to the pilot-in-command of the aircraft the required data and instructions; and the operator must cause a copy of the required data and instructions to be retained outside the aircraft for a minimum period of three months.

(8) The specified aerodrome operating minima must not permit a landing or take-off in circumstances where the relevant aerodrome operating minima declared by the competent authority would prohibit it, unless that authority otherwise permits in writing.

(9) In establishing aerodrome-operating minima for the purposes of this article the operator of the aircraft must take into account the following matters—

(a) the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness;

(b) the composition of its crew;

(d) the dimensions of the runways which may be selected for use; and

(e) whether or not there are in use at the relevant aerodrome any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids;

and must establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which can reasonably be expected.

(10) An aircraft to which this article applies must not commence a flight at a time when—

(a) the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minimum specified for take-off; or

(b) according to the information available to the pilot-in-command of the aircraft it would not be able without contravening paragraphs (11) or (12), to land at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.

(11) An aircraft to which article 96 of this Order applies, when making a descent to 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.

(12) An aircraft to which this article applies, when making a descent to an aerodrome, must not—

(a) continue an approach to landing at any aerodrome 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.

(13) If, according to the information available, an aircraft would as regards any flight be required by 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 alternate aerodrome unless no aerodrome suitable for that purpose is available.

(14) In this article “specified” in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or provided in writing to the pilot-in-command of the aircraft by the operator in accordance with paragraph (5).

(15) 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).

Commercial air transport aircraft not registered in the Territory – aerodrome-operating minima

105

(1) This article applies to commercial air transport aircraft registered in a country other than 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 the terms of an approval so to do;

in accordance with the law of the country in which it is registered.

(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;

except under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.

(4) An aircraft to which this article applies must not fly in or over the Territory unless the operator of it has made available to the flight crew aerodrome operating minima that comply with paragraph (5) in respect of every aerodrome at which it is intended to land or take off and every alternate aerodrome.

(5) The aerodrome operating minima provided in accordance with paragraph (4) must be no less restrictive than either—

(a) minima calculated in accordance with the notified method for calculating aerodrome operating minima; or

(b) minima which comply with the law of the country in which the aircraft is registered;

whichever is the more restrictive.

(6) An aircraft to which this article applies must not take off or land at an aerodrome in the Territory in contravention of the specified aerodrome operating minima.

(7) Without prejudice to the provisions of paragraphs (5) and (6) an aircraft to which this article applies, when making a descent to an aerodrome, must not descend from a height of 1000 feet or more above the aerodrome to a height of 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.

(8) Without prejudice to the provisions of paragraphs (5), (6) and (7) an aircraft to which this article applies, when making a descent to an aerodrome must not—

(a) continue an approach to landing at any aerodrome 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.

(9) In this article—

(a) “specified” means specified by the operator in the aerodrome operating minima made available to the flight crew under paragraph (4);

(b) “Category I operation” means a precision instrument approach and landing with a decision height not lower than 200 feet and with either a visibility not less than 800 metres or a runway visual range not less than 550 metres;

(c) “Category II operation” means a precision approach and landing using an Instrument Landing System or Microwave Landing System with—

(i) a decision height below 200 feet but not lower than 100 feet; and

(ii) a runway visual range of not less than 300 metres;

(d) “Other than Standard Category II operation” means a Category II operation to a runway where some or all of the elements of the ICAO Annex 14 precision approach Category II lighting system are not available.

Carriage of passengers - additional duties of pilot-in-command

106

(1) This article applies to flights for the purpose of the commercial air transport of passengers by aircraft registered in the Territory.

(2) Before an aircraft takes off on a flight to which this article applies, and before it lands, the pilot-in-command must take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and that any persons carried in compliance with article 42 are properly secured in seats which are located as far as is practical near floor level and close to emergency exits.

(3) From the moment when, after the embarkation of its passengers for the purpose of taking off on a flight to which this article applies—

(a) an aircraft first moves until after it has taken off,

(b) before it lands until it comes to rest for the purpose of the disembarkation of its passengers, and

(c) whenever by reason of turbulent air or any emergency occurring during the flight the pilot-in-command considers it necessary,

the pilot-in-command must take all reasonable steps to ensure that all passengers of 2 years of age or more are properly secured in their seats by safety belts (with diagonal shoulder strap, where required to be carried) or safety harnesses and that all passengers under the age of 2 years are properly secured by means of a child restraint device.

(4) The pilot-in-command must ensure that an aircraft with a non-pressurised cabin is not operated above flight level 100, except under and in accordance with the terms of an approval granted by the Governor.

(5) Except where the cabin pressure altitude does not exceed 10,000 feet during the flight, the pilot-in-command 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 cabin crew are instructed to use oxygen; and

(c) during any period when the aircraft is flying above flight level 100 oxygen is used continuously by all the flight crew of the aircraft.

PART 11 — CARRIAGE OF WEAPONS AND MUNITIONS OF WAR

Carriage of weapons and of munitions of war

107

(1) Subject to article 108 an aircraft must not carry any munitions of war unless—

(a) the munitions of war are carried with the permission of the Governor; and

(b) the pilot-in-command of the aircraft is informed in writing by the operator before the flight commences of the type, weight or quantity and location of any such munitions of war on board or suspended beneath the aircraft and of any conditions of the permission of the Governor.

(2) Subject to article 108, it is unlawful for an aircraft to carry any sporting weapon or munitions of war in any compartment or apparatus to which passengers have access.

(3) Subject to article 108, it is unlawful for a person to carry or have in their possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage on an aircraft any sporting weapon or munitions of war unless—

(a) the sporting weapon or munitions of war—

(i) are either part of the baggage of a passenger on the aircraft or consigned as cargo;

(ii) are carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers; and

(iii) in the case of a firearm, is unloaded;

(b) information about the sporting weapon or munitions of war has been supplied by that passenger or by the consignor to the operator before the flight commences; and

Exceptions concerning carriage of weapons and munitions of war

108

(1) In the case of an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate the pilot-in-command of the aircraft must be informed of the matters referred to in article 107(1)(b), but need not be so informed in writing.

(2) Article 107(2) and (3) do not apply to or in relation to an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate.

(3) Nothing in article 107 applies to any sporting weapon or munitions of war taken or carried on board an aircraft registered in a country other than the Territory if, under the law of the country in which the aircraft is registered, the sporting weapon or munitions of war may be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

Definitions

109

In this Part—

“munitions of war” means— any weapon or ammunition; any article containing an explosive, noxious liquid or gas; or any other thing; which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article;

“sporting weapon” means— any weapon or ammunition; any article containing an explosive, noxious liquid or gas; or any other thing, including parts, whether components or accessories, for such weapon, ammunition or article; which is not a munition of war.

PART 12 — CARRIAGE OF DANGEROUS GOODS

Requirements for the carriage of dangerous goods

110

(1) An aircraft must not carry or have loaded on to it any dangerous goods unless—

(a) the operator is approved by the Governor under this Part or has a permission under article 128;

(b) the goods are carried or loaded in accordance with any conditions to which such approval or permission may be subject; and

(c) the goods are carried in accordance with the specified requirements or instructions given by the Governor under article 74.

(2) The Governor must grant an approval under paragraph (1)(a) upon being satisfied that the operator is competent to carry dangerous goods safely.

(3) Nothing in this Part, other than paragraph (1), applies to the carriage of dangerous goods by an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

(4) Nothing in this Part, other than paragraph (1), applies to any aircraft flying for the purpose of dropping articles for the purposes of public health, agriculture, horticulture, forestry, conservation or pollution control.

Prohibition on carriage of dangerous goods

111

A person must not deliver or cause to be delivered for carriage, or take or cause to be taken on board an aircraft, any dangerous goods which may pose a risk to health, safety, property or the environment when carried by air—

(a) except in accordance with the specified requirements or the Governor’s instructions under article 74; and

(b) unless the packaging of those goods is in a fit condition for carriage by air.

Operator’s obligations

112

The operator of an aircraft that is either an air transport undertaking, or an organisation to which article 133 applies, must ensure—

(a) that all appropriate manuals, including operations manuals, contain information and instructions about dangerous goods so as to enable the ground staff and crew members to carry out their responsibilities regarding the carriage of dangerous goods;

(b) that, if applicable, such information and instructions are provided to the operator’s handling agent;

(c) that, before the flight begins, the pilot–in-command is given written information about the dangerous goods and information required for use in responding to an in-flight emergency; and

(d) that, if an aircraft carrying any dangerous goods is involved in an accident or serious incident, notification of any dangerous goods carried as cargo on the aircraft is given immediately to the Governor and a police officer for the area where the accident or serious incident occurred.

Acceptance of dangerous goods by the operator

113

The operator of an aircraft in which dangerous goods are to be carried must ensure that—

(a) no package or freight container containing dangerous goods is accepted for carriage until it has been inspected to determine that it complies with the specified requirements;

(b) the goods are not forbidden for carriage by air in any circumstances; and

Method of loading by the operator

114

The operator of an aircraft in which dangerous goods are to be carried must ensure that such goods are not carried in any compartment occupied by passengers or on the flight deck, except in circumstances permitted by the specified requirements.

Inspections by the operator for damage, leakage or contamination

115

The operator of an aircraft in which dangerous goods are to be carried must ensure that packages and freight containers which contain such goods are inspected for evidence of damage or leakage before being loaded on an aircraft, in accordance with the specified requirements.

Shipper’s responsibilities

116

Before consigning any goods for carriage by air the shipper must ensure that—

(a) the goods are not forbidden for carriage by air;

(b) if the goods are forbidden for carriage by air without approval, all such approvals have been obtained;

(d) the package is marked and labelled in English, in addition to any other language required by the State of Origin;

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

(f) a dangerous goods transport document has been completed in English, in addition to any other language required by the State of Origin, containing a declaration that the specified requirements have been complied with; and

(g) the operator has been given the dangerous goods transport document.

Pilot-in-command’s responsibilities

117

The pilot-in-command of an aircraft carrying dangerous goods as cargo must, in the event of an in-flight emergency and as soon as the situation permits, inform the appropriate air traffic services unit of such goods in detail or as a summary or by reference to the location from where the detailed information can be obtained.

Provision of training by operators and shippers

118

(1) The operator of an aircraft, its handling agent, a shipper of dangerous goods by air and any agent of the shipper, must establish and undertake training programmes for those of their employees and staff who are involved in the carriage of goods or passengers by air.

(2) In the case of an operator or its agents, the training programme must be approved by, or acceptable, to the Governor.

(3) In the case of a shipper or its agent, the training programme must meet the specified requirements.

Provision of information to passengers

119

(1) This article applies to—

(a) any airport operator in the Territory;

(b) the operator of an aircraft flying for the purpose of commercial air transport of passengers or its agent; and

(c) any person who in the Territory makes available flight accommodation and for this purpose “flight accommodation” means accommodation for the carriage of persons on flights in any part of the world.

(2) Any person to whom paragraph (1) applies must ensure that persons who are or may become passengers on an aircraft flying for such purposes are warned as to the types of dangerous goods which they are forbidden from carrying on an aircraft as checked baggage or with them in accordance with the specified requirements.

Provision of information in respect of cargo

120

The operator of an aircraft in which cargo is to be carried and any agent of the operator must ensure that notices giving information about the carriage of dangerous goods are displayed in accordance with the specified requirements.

Keeping of documents and records

121

The operator of an aircraft carrying dangerous goods as cargo must ensure that a copy of the dangerous goods transport document required by article 116(f) and the written information to the pilot-in-command required by article 112(c) are retained at a readily accessible location until after completion of the flight on which the goods are carried and to produce them upon request.

Preservation of documents and records

122

The operator of an aircraft on which dangerous goods are carried must preserve in a legible form for not less than three months any dangerous goods transport document or other document prescribed in the specified requirements.

Enforcement powers

123

(1) An authorised person may—

(a) examine, take samples of and seize any goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of this Part have not been complied with;

(b) open or require to be opened any baggage or package which the authorised person has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of this Part have not been complied with;

(c) retain or detain any sample taken or goods seized under this article for so long as the Governor considers necessary for use as evidence at a trial for any offence or for forensic examination or investigation in connection with any offence; and

(d) dispose of such goods in such manner as the Governor considers appropriate.

(2) Any person from whom goods have been seized by an authorised person under this article may make application to the Governor for the goods to be released, accompanied by evidence of ownership, and if the Governor is satisfied that the applicant is the owner and that the retention of the goods is not necessary for the purpose of any criminal proceedings the Governor must arrange for the goods to be returned to the applicant.

(3) Where further retention of the goods is, in the opinion of the Governor, no longer necessary and no application has been made under paragraph (2), or any such application has been unsuccessful, the goods must be destroyed or otherwise disposed of as directed by the Governor.

Dangerous goods occurrence reporting

124

(1) Any dangerous goods accident, incident or finding of undeclared or misdeclared dangerous goods in cargo or passengers’ baggage must be reported to the Governor in accordance with the specified requirements by—

(a) a Territory operator, wherever it occurs;

(b) a non-Territory operator, if it occurs in the Territory.

(2) A report required under paragraph (1) must contain such information specified by the Governor as is appropriate to the occurrence.

(3) Nothing in this article requires a person to report any occurrence which has been reported under article 174 or which the person has reason to believe has been or will be reported by another person to the Governor in accordance with that article.

Definitions and interpretation

125

In this Part—

“dangerous goods” means any article or substance which is identified as such in the specified requirements;

“dangerous goods accident” means an occurrence associated with and related to the carriage of dangerous goods by air which results in fatal or serious injury to a person or major property or environmental damage;

“dangerous goods incident” means an occurrence, other than a dangerous goods accident, which— is associated with and related to the carriage of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property or environmental damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained; or relates to the carriage of dangerous goods and which seriously jeopardises the aircraft or its occupants;

“dangerous goods transport document” means a document which is specified in the specified requirements;

“handling agent” means an agent who performs on behalf of the operator some or all of the functions of the latter including receiving, loading, unloading, transferring or other processing of passengers or cargo;

“package” means the complete product of the packing operation consisting of the packaging and its contents prepared for carriage;

“packaging” means the receptacles and any other components or materials necessary for the receptacle to perform its containment function;

“serious injury” means an injury which is sustained by a person in an accident and which— requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received; or results in a fracture of any bone (except simple fractures of fingers, toes or nose); or involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or involves injury to any internal organ; or involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or involves verified exposure to infectious substances or injurious radiation.

PART 13 — AERIAL WORK AND SPECIALISED OPERATIONS

Aerial work

126

(1) Aerial work means any purpose (other than commercial air transport) for which an aircraft is flown if valuable consideration is given or promised in respect of the flight or the purpose of the flight.

(2) If the only such valuable consideration consists of remuneration for the services of the pilot the flight is deemed to be a private flight for the purposes of Part 3.

Aerial work operations

127

(1) Subject to articles 128, 129 and 130, an aircraft must not be used for the purpose of aerial work (in this article, an “aerial work operation”) otherwise than in accordance with the Governor’s instructions given under article 74 and with the specified requirements.

(2) Before commencing any aerial work operation, the operator of the aircraft must carry out a risk assessment and must develop appropriate standard operating procedures to provide guidance to operating staff to ensure a safe means of carrying out the aerial task.

(3) In complying with paragraph (2) the operator must have regard to—

(a) the type of aerial work activity; and

(b) the operating environment.

(4) The operator must make the standard operating procedures referred to in paragraph (2) available to every employee or person who is engaged or may engage in any aerial work operations conducted by the operator.

(5) The operator must ensure that the risk assessment is reviewed and guidance to operating staff kept up to date, taking into account any changes affecting the operation.

Aerial application permission for purposes of agriculture etc

128

(1) Subject to article 129, an aircraft must not be used for the dropping of articles or animals for the purposes of agriculture, horticulture, forestry or conservation or for training for the dropping of articles for any of such purposes, otherwise than under and in accordance with the terms of a written permission granted by the Governor under this article (in this article, an “aerial application permission”).

(2) Every applicant for and holder of an aerial application permission must make available to the Governor if requested an operations manual containing such information and instructions as may be necessary to enable employees and persons engaged in the operation to perform their duties.

(3) The operations manual must include standard operating procedures as described in article 127(2).

(4) The holder of an aerial application permission must make such amendments or additions to the operations manual as the Governor may require.

Towing, picking up, raising and lowering of persons, animals and articles

129

(1) An aircraft in flight must not, by means external to the aircraft tow any article or pick up, raise or lower any person, animal or article—

(a) unless there is a certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered and that certificate or the flight manual for the aircraft includes an express provision that it may be used for that purpose; and

(b) if it is a helicopter, otherwise than under and in accordance with the terms of a written permission granted by the Governor under this article or article 128.

(2) An aircraft in flight must not tow any article, other than a glider, at night or when flight visibility is less than one nautical mile.

(3) The length of the combination of towing aircraft, tow rope, and article in tow, must not exceed 150 metres.

(4) An aeroplane must not launch or pick up tow ropes, banners or similar articles other than at an aerodrome.

(5) Every applicant for, and holder of, a permission required under paragraph (1) must make available to the Governor if requested an operations manual containing such information and instructions as may be necessary to enable employees and persons engaged in the operation to perform their duties.

(6) The operations manual must include standard operating procedures as described in article 127(2) of this Order.

(7) The holder of the permission must make such amendments or additions to the operations manual as the Governor may require.

(8) A helicopter must not fly at any height over a congested area of a city, town or settlement at any time when any article, person or animal is suspended from the helicopter.

(9) A person who is not a member of the flight crew must not be carried in a helicopter at any time when an article, person or animal is suspended from the helicopter, other than—

(a) a task specialist who has duties to perform in connection with the article, person or animal; or

(b) a person who has been picked up or raised by means external to the helicopter; or

(10) Nothing in this article—

(a) prohibits the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purposes, or any signal, apparatus or article required or permitted by or under this Order to be towed or displayed by an aircraft in flight; or

(b) prohibits the picking up, raising or lowering of any person, animal or article in an emergency or for the purpose of saving life.

Dropping of articles and animals

130

(1) Articles and animals (whether or not attached to a parachute) must not be dropped, or be permitted to drop, from an aircraft in flight so as to endanger persons or property.

(2) Subject to paragraphs (3) and (4), articles and animals (whether or not attached to a parachute) must not be dropped, or be permitted to drop, to the surface from an aircraft flying over the Territory except under and in accordance with the terms of an aerial application permission granted under article 128.

(3) Paragraph (2) does not apply to the dropping of articles by, or with the authority of, the pilot-in-command of the aircraft in any of the following circumstances—

(a) the dropping of articles for the purpose of saving life;

(b) the jettisoning, in case of emergency, of fuel or other articles in the aircraft;

(d) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of this Order;

(e) the dropping at an aerodrome of tow ropes, banners, or similar articles towed by aircraft;

(f) the dropping of articles for the purposes of public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Governor; or

(g) the dropping of wind drift indicators for the purpose of enabling parachute descents to be made if the wind drift indicators are dropped with the permission of the Governor.

(4) Paragraph (2) does not apply to the lowering of any article or animal from a helicopter to the surface in accordance with article 129.

Dropping of persons

131

(1) Subject to paragraph (7), a person must not drop, be dropped or be permitted to drop to the surface or jump from an aircraft flying over the Territory except under and in accordance with the terms of a written permission granted by the Governor under this article.

(2) A person must not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.

(3) An aircraft must not be used for the purpose of dropping persons unless—

(a) there is a certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered; and

(b) that certificate or the flight manual includes an express provision that it may be used for that purpose; and

(4) Every applicant for, and holder of, a parachuting permission must make available to the Governor if requested a parachuting operations manual containing such information and instructions as may be necessary to enable employees and persons engaged in the operation to perform their duties.

(5) The operations manual must include standard operating procedures as described in article 127.

(6) The holder of a parachuting permission must make such amendments or additions to the operations manual as the Governor may require.

(7) Nothing in this article—

(a) applies to the descent of persons by parachute from an aircraft in an emergency;

(b) prohibits the lowering of any person in an emergency or for the purpose of saving life;

(c) prohibits the disembarkation of any person from a helicopter hovering in ground effect in accordance with normal aviation practice; or

(d) prohibits the lowering of any person from a helicopter to the surface in accordance with article 129.

PART 14 — GENERAL AVIATION

Application and interpretation

132

(1) Except as provided in paragraph (2) of article 133, articles 133 and 134 apply to general aviation operations involving aircraft registered in the Territory of the classes or used in the cases identified in paragraph (2).

(2) Aircraft or aircraft operations of the classes or cases to which paragraph (1) refers are—

(a) any aeroplane having a maximum certificated take-off weight exceeding 5700 kg;

(b) any aeroplane equipped with one or more turbojet engines;

(d) any helicopter having a maximum certificated take-off weight exceeding 3175 kg;

(e) any helicopter having a maximum approved passenger seating configuration of more than 5;

(f) any aircraft operation involving the use of three or more aircraft that are operated by pilots employed by the operator for the purpose of flying the aircraft; or

(g) any other general aviation operation that the Governor may in the public interest specify.

(3) For the purposes of this Part—

(a) “general aviation operation” means an aircraft operation other than a commercial air transport operation or aerial work operation;

(b) “commercial air transport operation” means an aircraft operation for the purposes of commercial air transport; and

Requirement for Approval

133

(1) A person must not operate an aircraft registered in the Territory of any class or in any case identified in article 132(2), for the purposes of a general aviation operation, unless the person is the holder of an approval granted under article 134.

(2) An approval is not required if operations of any of the classes identified in article 132(2) are being undertaken by an air transport undertaking that holds a valid air operator certificate granted in accordance with article 94.

Issue and conditions of Approval

134

(1) The Governor must grant an approval required under article 133 upon being satisfied that—

(a) the applicant is competent, having regard in particular to the applicant’s—

(i) previous conduct and experience;

(ii) equipment;

(iii) organisation and staffing;

(iv) maintenance and other arrangements;

(b) the safety management system established in accordance with paragraph (2) is appropriate and adequate; and

to secure the safe operation of aircraft of the type or types specified in the approval.

(2) An operator applying for an approval under the provisions of paragraph (1) must establish and maintain to the satisfaction of the Governor a safety management system appropriate to the size and complexity of the operation.

(3) The operator of every aircraft to which this article applies must—

(a) make available to each member of the operating staff an operations manual;

(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 his or her duties on that flight.

(4) An operations manual must contain all information and instructions necessary to enable operating staff to perform their duties as such.

(5) Every applicant for, and holder of, an approval granted under this article must make available to the Governor if requested to do so a copy of the operations manual.

(6) 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 the safety of air navigation.

PART 15 — FOREIGN AIRCRAFT OPERATIONS

Restriction with respect to carriage for valuable consideration in aircraft registered outside the Territory

135

(1) An aircraft registered in a Contracting State, other than the United Kingdom or any of the Territories, or in any country other than the United Kingdom, must not take on board or discharge any passengers or cargo in the Territory, if valuable consideration is given or promised in respect of the carriage of such persons or cargo unless it does so with the permission of the Secretary of State granted under this article to the operator or charterer of the aircraft or to the Government of the country in which the aircraft is registered, and in accordance with any conditions to which such permission may be subject.

(2) Any breach, by a person to whom permission has been granted under this article, of any condition to which that permission was subject constitutes a contravention of this article.

(3) The Secretary of State may, in any particular case, or class of cases, delegate to the Governor the exercise of the powers conferred on the Secretary of State under paragraph (1); and where the exercise of the powers conferred under paragraph (1) is so delegated, the Governor must, in exercising those powers, comply with any general guidelines or specific directions which may from time to time be given by the Secretary of State.

(4) An operator or charterer of an aircraft to which this article applies must not hold itself out as a person who may offer to take on board or discharge any passenger or cargo in the Territory for valuable consideration unless—

(a) it does so in accordance with a permission granted under this article; and

(b) it does so in accordance with any conditions to which such permission may be subject.

(5) The Secretary of State or the Governor may authorise a person (whether by name, class or description) either generally or in relation to a particular case or class of cases, to perform a ramp inspection or to carry out other surveillance measures in relation to any aircraft referred to in paragraph (1).

(6) If a ramp inspection or other surveillance measure identifies a case of non-compliance or suspected non-compliance of an aircraft referred to in paragraph (1) or by the operator of such an aircraft with the laws, regulations and procedures applicable within the Territory or a serious safety issue with the operator of such an aircraft, the person authorised under paragraph (5) must immediately notify the operator and, if the issue warrants it, the State of the operator and, where the State of registry and the State of the operator are different, such notification must also be made to the State of registry.

(7) In the case of notification to States in accordance with paragraph (6), if the issue and its resolution so warrant, the Secretary of State or the Governor, as the case may be, must engage in consultations with the State of the operator and the State of registry, as applicable, concerning the safety standards maintained by the operator.

Filing and approval of tariffs

136

(1) Where a permission granted under article 135 contains a tariff provision, the Secretary of State may, in any particular case or class of cases, delegate to the Governor the exercise of the power to approve or disapprove the tariff which the operator or charterer of the aircraft concerned proposes to apply on flights to which the permission relates, and where the power to approve or disapprove tariffs is so delegated, the Governor must, in exercising that power, comply with any general guidelines or specific directions which may from time to time be given by the Secretary of State.

(2) For the purposes of this article, “tariff provision” means a condition as to any of the following matters—

(a) the price to be charged for the carriage of passengers, baggage or cargo on flights to which a permission granted under article 135(1) relates;

(b) any additional goods, services or other benefits to be provided in connection with such carriage;

(d) the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo;

and includes any condition as to the applicability of any such price, the provision of any such goods, services or benefits or the payment of any such commission or of commission at any such rate.

Restriction on aerial photography, aerial survey and aerial work in aircraft registered outside the Territory

137

(1) Subject to article 127 an aircraft registered in a Contracting State other than the United Kingdom or any of the Territories, or in any country other than the United Kingdom, must not fly over the Territory for the purpose of aerial photography or aerial survey (whether or not valuable consideration is given or promised in respect of the flight or the purpose of the flight) or for the purpose of any other form of aerial work except with the permission of the Governor granted under this article to the operator or the charterer of the aircraft and in accordance with any conditions to which such permission may be subject.

(2) Any breach, by a person to whom a permission has been granted under this article, of any condition to which that permission was subject constitutes a contravention of this article.

PART 16 — AIR TRAFFIC SERVICES

Requirement for air traffic control approval for the provision of air traffic services

138

(1) A person in charge of the provision of an air traffic control service, other than at a military aerodrome, must not provide such a service in the Territory except under and in accordance with the terms of an air traffic control approval granted by the Governor.

(2) The Governor must grant an air traffic control approval upon being satisfied that the applicant meets the specified requirements and is competent to provide a service which is safe for use by aircraft.

Duty of person in charge to satisfy himself as to competence of controllers

139

The holder of an approval under article 138 must not permit any person to act as an air traffic controller, or to act as a student air traffic controller, in the provision of the service under the approval unless—

(a) such person holds an appropriate licence; and

(b) the holder is satisfied that such person is competent to perform the duties commensurate with the provision of the service.

Manual of Air Traffic Services

140

A person must not provide an air traffic control service at any place unless—

(a) the service is provided in accordance with the standards and procedures specified in a manual of air traffic services in respect of that place;

(b) the manual is produced to the Governor within a reasonable time after a request for its production is made by the Governor; and

Provision of air traffic services

141

(1) In the case of an aerodrome (other than a military aerodrome) at which there is provision of aid for holding, aid for let-down or aid for an approach to landing by radio or radar, the person in charge of the aerodrome must—

(a) inform the Governor in advance of the periods during which and the times at which any such provision is to be in operation for the purpose of providing such aid as is specified by the said person; and

(b) during any period and at such times as are notified, cause an approach control service to be provided.

(2) The Governor may in the interests of safety direct the person in charge of an aerodrome (other than a military aerodrome) that there must be provided in respect of any aerodrome such air traffic control service, aerodrome flight information service or means of two-way radio communication as the Governor considers appropriate.

(3) In a direction given under this article the Governor may specify the periods during which, the times at which, the manner in which and the airspace within which such a service or such means shall be provided.

(4) The person who has been so directed shall cause such a service or such means to be provided in accordance with any such direction.

Use of radio call signs at aerodromes

142

The person in charge of an aerodrome provided with means of two-way radio communication must not cause or permit any call sign to be used for a purpose other than a purpose for which that call sign has been notified.

PART 17 — LICENSING OF AIR TRAFFIC CONTROLLERS

Prohibition of unlicensed air traffic controllers and student air traffic controllers

143

(1) A person must not act as an air traffic controller or offer, whether by use of a radio call sign or in any other way, to act as a person who may so act unless such person is the holder of, and complies with the privileges and conditions of—

(a) a valid student air traffic controller’s licence granted under this Order and under supervision in accordance with article 144(5);

(b) an appropriate valid air traffic controller’s licence granted under this Order; or

(c) a valid air traffic controller’s licence so granted which is not appropriate but under supervision as though the person was the holder of a student air traffic controller’s licence.

(2) Nothing in this article prohibits the holder of a valid air traffic controller’s licence from providing at any place, or for any sector for which the licence includes a valid certificate of competence, information to aircraft in flight in the interests of safety.

(3) A licence is not required by any person who acts in the course of his or her duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force.

Licensing of air traffic controllers and student air traffic controllers

144

(1) The Governor must grant a licence to any person to act as an air traffic controller or as a student air traffic controller in the Territory upon being satisfied that the applicant—

(a) is a fit person to act in the capacity to which the licence relates; and

(b) meets the specified requirements, for which purpose the applicant must provide such evidence and undergo such examinations, assessments and tests (including medical examinations) and undertake such courses of training as the Governor may require.

(2) The Governor must not grant—

(a) a student air traffic controller’s licence to any person under the age of 18 years; or

(b) an air traffic controller’s licence to any person under the age of 20 years.

(3) The Governor may include in an air traffic controller’s licence any rating and endorsement upon being satisfied that the applicant is qualified as specified in paragraph (1)(b) to act in the capacity to which such rating or endorsement relates and such rating or endorsement is deemed to form part of the licence.

(4) A licence to act as an air traffic controller or a student air traffic controller is not valid unless the holder of the licence has signed it in ink.

(5) Every licence to act as a student air traffic controller is valid only for the purpose of authorising the holder to act as an air traffic controller under the supervision of another person who is present at the time and who is the holder of an air traffic controller’s licence including an on-the-job instructor training rating entitling that person to provide unsupervised the type of air traffic control service which is being provided by the student air traffic controller.

(6) Every holder of an air traffic controller’s licence or a student air traffic controller’s licence must, upon such occasions as the Governor may require, submit to such examinations and tests (including medical examinations) and provide such evidence as to the holder’s knowledge, experience, competence and skill and undergo such courses of training as the Governor may require.

(7) The holder of an air traffic controller’s licence is not entitled to exercise the privileges of a rating contained in the licence at any place or for any sector or with any type of surveillance equipment unless the licence includes a valid certificate of competence for that rating which is appropriate to that place or sector and that equipment (if any).

(8) A valid certificate of competence shall not be appropriate to the exercise of the privileges of a rating at any place or for any sector or with any type of surveillance equipment unless the certificate—

(a) specifies that place or sector and the type of surveillance equipment (if any) with the aid of which the service is to be provided;

(b) certifies that the person signing the certificate is satisfied that on a date specified in the certificate the holder of the licence, of which the certificate forms part, has passed an appropriate test of ability to exercise the privileges of the rating at the place or for the sector and with the type of surveillance equipment, if any, specified in the certificate; and

(9) A valid certificate of competence issued under paragraph (7) must be signed by a person authorised by the Governor to sign certificates of that kind and is valid for 12 months from the date of the test which it certifies.

(10) If throughout any period of 90 days the holder of a licence has not at any time provided at a particular place or for a particular sector and with the aid of the type of surveillance equipment, if any, specified in a certificate of competence, the type of air traffic control service specified in the rating to which the certificate of competence relates, the certificate ceases to be valid for that place or sector at the end of that period.

(11) Upon a certificate of competence ceasing to be valid for a place or sector the holder of the licence must immediately inform the person who is approved under article 138 of this Order to provide an air traffic control service at that place or for that sector to that effect and must forward the licence to a person approved by the Governor for the purpose, who must endorse the licence accordingly and return it to the holder immediately.

Approval of courses and persons

145

The Governor may, for the purposes 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

Requirement for medical certificate

146

(1) On the basis of the medical examination referred to in article 144(6), 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 has been assessed as fit to perform the functions to which the licence relates.

(2) The certificate is deemed to form part of the licence.

(3) The holder of an air traffic controller’s licence must not act as an air traffic controller unless the licence includes a medical certificate issued and in force under paragraph (1).

(4) The holder of a student air traffic controller’s licence must not act as a student air traffic controller unless the licence includes a medical certificate issued and in force under paragraph (1).

Incapacity of air traffic controllers

147

(1) Every holder of an air traffic controller’s licence granted under article 144 who—

(a) suffers any personal injury or illness involving incapacity to undertake the functions to which the licence relates throughout a period of 20 consecutive days; or

(b) has reason to believe that she is pregnant;

must inform the Governor in writing of such injury, illness or pregnancy as soon as possible.

(2) An air traffic controllers’ medical certificate ceases to be in force on the expiry of the period of injury or illness referred to in paragraph (1)(a) and comes into force again (provided it has not expired)—

(a) upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume the functions under the licence; or

(b) upon the Governor exempting the holder from the requirement of a medical examination subject to such conditions as the Governor may think fit.

Prohibition of drunkenness etc. of controllers

148

A person must not act as an air traffic controller or a student air traffic controller whilst under the influence of drink or a drug to such an extent as to impair his or her capacity to act as such.

Fatigue of air traffic controllers - air traffic controller’s responsibilities

149

A person must not act as an air traffic controller if he or she knows or suspects that he or she is suffering from or, having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of any aircraft to which an air traffic control service may be provided.

Prohibition of unlicensed flight information service officers

150

(1) A person must not provide at any aerodrome a flight information service or offer to do so, whether by use of a radio call sign or in any other way, as a person who may provide such a service without being the holder of and complying with the terms of a flight information service officer’s licence, or air traffic controller’s licence, granted under this Order authorising the provision of such a service at that aerodrome.

(2) A person must not provide a flight information service without being identified as such in such a manner as may be notified.

Licensing of flight information service officers

151

(1) The Governor must grant a licence to any person to act as a flight information service officer upon being satisfied that the applicant meets the specified requirements and is a fit person to hold the licence and for that purpose the applicant must provide such evidence and undergo such examinations and tests and undertake such courses of training as the Governor may require.

(2) The Governor must not grant such a licence to any person under the age of 18 years.

(3) The holder of a flight information service officer’s licence must not provide a flight information service at an aerodrome unless that aerodrome has been specified in the licence by a person authorised by the Governor for the purpose and the licence has been validated in respect of that aerodrome by a person authorised for the purpose by the Governor.

(4) If, throughout any period of 90 days, the holder of the licence has not at any time provided such a service at a particular aerodrome the licence ceases to be valid for that aerodrome at the end of that period until the licence has been revalidated in respect of that aerodrome by a person authorised by the Governor for the purpose.

(5) A licence to act as a flight information service officer is not valid unless the holder of the licence has signed it in ink.

(6) Every holder of a flight information service officer’s licence must upon such occasions as the Governor may require, submit to such examinations and tests and provide such evidence as to knowledge, experience, competence and skill and undergo such courses of training as the Governor may require.

Flight information service manual

152

A person must not provide a flight information service at any aerodrome unless—

(a) the service is provided in accordance with the standards and procedures specified in a flight information service manual in respect of that aerodrome;

(b) the manual is produced to the Governor within a reasonable time after a request for its production is made by the Governor; and

PART 18 — AERONAUTICAL TELECOMMUNICATIONS SERVICE

Aeronautical telecommunications service

153

(1) A person must not cause or permit any aeronautical telecommunication service to be established in any Territory otherwise than under and in accordance with an approval granted by the Governor to the person in charge of that aeronautical telecommunication service.

(2) The Governor must grant an approval under paragraph (1) upon being satisfied that the specified requirements are met, in particular—

(a) as to the intended purpose of the aeronautical telecommunication service;

(b) that the aeronautical telecommunication service is fit for its intended purpose; and

(3) Any organisation providing a flight checking service in connection with an aeronautical telecommunication system or equipment must be approved by the Governor.

(4) An approval granted under paragraph (1) may include a condition requiring the person in charge of the aeronautical telecommunication service to use a person approved by the Governor under paragraph (5) for the provision of particular services in connection with the aeronautical telecommunication service.

(5) The Governor may approve a person to provide particular services in connection with an approved aeronautical telecommunication service.

(6) The provisions of this article do not apply in respect of any aeronautical telecommunication service of which the person solely in charge is the Governor or which is provided at a military aerodrome.

Aeronautical telecommunication service records

154

(1) The person in charge of an aeronautical telecommunication service must provide recording equipment or apparatus in accordance with paragraph (2).

(2) The person in charge of the aeronautical telecommunication service in respect of which recording equipment or apparatus is required to be provided under paragraph (1) must ensure—

(a) that the equipment or apparatus is in operation at all times when the aeronautical telecommunication service is being used in connection with the provision of a service provided for the purpose of facilitating the navigation of aircraft;

(b) that the equipment or apparatus and each record made by the equipment or apparatus complies with the specified requirements.

(3) If any equipment or apparatus required under paragraph (1) ceases to be capable of recording the matters required to be included in the records, the person required to provide that equipment or apparatus must ensure that, so far as practicable, a record is kept which complies with the specified requirements and on which the specified particulars are recorded together with, in the case of equipment or apparatus provided in compliance with paragraph (2), a summary of voice communications exchanged between the air traffic control service and any aircraft.

(4) The person in charge of any aeronautical telecommunication service must preserve any record made using the equipment or apparatus provided under paragraph (1) for 30 days from the date on which the terms or content of the message or signal were recorded or for such longer period as the Governor may in a particular case direct.

(5) A person required by this article to preserve any record by reason of being the person in charge of the aeronautical telecommunication service must, if ceasing to be in charge, continue to preserve the record in accordance with paragraph (4).

(6) The provisions of this article do not apply in respect of any aeronautical telecommunication service that is under the control of Her Majesty’s naval, military or air force or of any visiting force.

PART 19 — AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS

Certification of aerodromes

155

(1) A person in charge of the operation of an aerodrome in the Territory, other than a military aerodrome, is required to hold in respect of such aerodrome a certificate issued by the Governor in accordance with this article if—

(a) the aerodrome is made available for any of the categories of operations referred to in article 156(3) of this Order; or

(b) the Governor considers that it is in the public interest to require an aerodrome to be so certificated, taking into account only the matters referred to in paragraph (2).

(2) The Governor must grant a certificate in respect of any aerodrome in the Territory (an “aerodrome certificate”) upon being satisfied that—

(a) the applicant meets the specified requirements and is competent to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are suitable for use by aircraft;

(b) the aerodrome is safe for use by aircraft having regard in particular to the physical characteristics of the aerodrome and of its surroundings;

(c) the applicant has established an effective safety management system appropriate to the size and complexity of the operation; and

(d) the applicant has established an aerodrome manual that is adequate and appropriate.

(3) The Governor may grant an aerodrome certificate which, in addition to any other conditions that may be imposed, may include a condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.

(4) The holder of an aerodrome certificate granted under paragraph (2) or paragraph (3) (in this article called “an aerodrome certificate holder”) must—

(a) provide to any person on request information concerning the terms of the certificate; and

(b) cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft.

(5) An aerodrome certificate holder must not contravene or cause or permit to be contravened any condition of the aerodrome certificate at any time in relation to such aircraft engaged on such flights as are referred to in article 156(3), but the certificate does not cease to be valid by reason only of such a contravention.

(6) An aerodrome certificate holder must take all reasonable steps to ensure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.

(7) For the purposes of this article “visual traffic pattern” means the aerodrome traffic zone of the aerodrome, or, in the case of an aerodrome which is not notified for the purposes of rule 45 of the Rules of the Air, the airspace which would comprise the aerodrome traffic zone of the aerodrome if it was so notified.

Use of aerodromes and operating sites

156

(1) The Governor may cause to be notified any military aerodrome as an aerodrome available for the take-off and landing of aircraft engaged on flights in any of the categories referred to in paragraph (3) of this article.

(2) An aircraft to which paragraph (3) applies must not take off or land at a place in the Territory other than—

(a) an aerodrome certificated under article 155 for the take-off and landing of such aircraft; or

(b) a military aerodrome notified under paragraph (1) as available for the take-off and landing of such aircraft, or in respect of which the person in charge of the aerodrome has given permission for the particular aircraft to take off or land as the case may be;

and in accordance with any conditions subject to which the aerodrome may have been certificated or notified, or subject to which such permission may have been given.

(3) Paragraph (2) applies to—

(a) aircraft which are flying for the purpose of international operations;

(b) aircraft having a maximum approved passenger seating configuration of more than 9 which are flying for the purpose of commercial air transport operations; and

(c) aircraft having a certificated take-off mass exceeding 15,000 kg operating a flight for the purpose of commercial air transport.

(4) Paragraph (2) does not apply to or in relation to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

(5) The Governor may direct the operator of an aerodrome in the Territory that is not certificated under article 155 to make available at the aerodrome such rescue and fire fighting services as maybe specified, having regard to the nature and scope of the aircraft operations undertaken at the aerodrome.

(6) The person in charge of any place in the Territory intended to be used for the taking off or landing of helicopters at night must cause to be in operation, whenever a helicopter flying for the purpose of the commercial air transport of passengers is taking off or landing at that area by night, such lighting as will enable the pilot of the helicopter—

(a) in the case of landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing; and

(b) in the case of taking off, to make a safe take-off.

(7) For the purposes of paragraph (3)(a) “international operations” are operations in respect of which the point of departure of the flight and the point of its destination are in two different States or in respect of which the flight passes through the sovereign airspace of the territory of more than one State.

Instrument flight procedures

157

(1) No person may establish an instrument flight procedure at an aerodrome in the Territory except under and in accordance with an approval granted by the Governor to the aerodrome certificate holder or to the person having the management of the aerodrome.

(2) An approval must be granted under paragraph (1) upon the Governor being satisfied—

(a) as to the intended purpose of the procedure;

(b) that the person applying for approval is competent to operate the procedure;

(d) that the procedure has been designed by a person approved under paragraph (5) according to the specified requirements and the conditions specified in that approval.

(3) The aerodrome certificate holder or the person having the management of an aerodrome must cause an instrument flight procedure and its continuing status to be notified as a procedure available for the operation of aircraft at that aerodrome.

(4) No person may use an instrument flight procedure otherwise than in accordance with the published conditions for such use.

(5) The Governor may approve a person to design an instrument flight procedure for the purposes of paragraph 2(d) upon being satisfied that the person meets the Governor’s requirements.

(6) This article does not apply to any military aerodrome in the Territory.

Charges at aerodromes certificated or licensed for public use

158

(1) The Governor may, in relation to any aerodrome for which a certificate in accordance with article 155 has been granted, or to such aerodromes generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or for aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services.

(2) The operator of an aerodrome in relation to which the Governor has prescribed charges under paragraph (1) must not cause or permit any charges to be made except as may be prescribed, and must cause particulars of the prescribed charges to be kept exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected by them.

(3) The operator of any aerodrome for which an aerodrome certificate or licence for public use has been granted must, when required by the Governor, provide to the Governor such particulars as may be required of the charges established by the operator for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.

Use of aerodromes by aircraft of Contracting States

159

The person in charge of any aerodrome in the Territory which is open to public use by aircraft registered in the Territory (or in the United Kingdom or another Territory) must cause the aerodrome, and all air navigation facilities provided at it, to be available for use by aircraft registered in other Contracting States on the same terms and conditions as for use by aircraft registered in the Territory.

Noise and vibration caused by aircraft on aerodromes

160

(1) The Governor may prescribe the conditions or circumstances under which noise and vibration may be caused by aircraft (including military aircraft) on certificated aerodromes, notified aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is being carried out.

(2) Such conditions or circumstances may include—

(a) an aircraft is taking off or landing;

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

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

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

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

(3) Section 41(2) of the Act[^f00011] applies to any such aerodrome.

Customs and Excise airports

161

(1) The Governor may by order designate any aerodrome to be a place for the landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs and excise.

(2) The Governor may by order revoke any designation so made.

Aviation fuel at aerodromes

162

(1) A person who has the management of any aviation fuel installation on an aerodrome in the Territory must not cause or permit any fuel to be delivered to that installation or from it to an aircraft unless—

(a) when the aviation fuel is delivered into the installation that person is satisfied that—

(i) the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in aircraft;

(ii) the installation is marked in a manner appropriate to the grade of fuel stored or if different grades are stored in different parts each part is so marked; and

(iii) in the case of delivery into the installation or part thereof from a vehicle or vessel, the fuel has been sampled and is of a grade appropriate to that installation or that part of the installation as the case may be and is fit for use in aircraft; and

(b) when any aviation fuel is dispensed from the installation that person is satisfied as the result of sampling that the fuel is fit for use in aircraft.

(2) Paragraph (1) does not apply to fuel that has been removed from an aircraft and is intended for use in another aircraft operated by the same operator as the aircraft from which it has been removed.

(3) A person to whom paragraph (1) applies must keep a written record for each installation of which that person has the management, which record must include—

(a) particulars of the grade and quantity of aviation fuel delivered and the date of delivery;

(b) particulars of all samples taken of the aviation fuel and of the results of tests of those samples; and

and the written record must be preserved for a period of 12 months or such longer period as the Governor may in a particular case direct and must, within a reasonable time after being requested to do so by an authorised person, be produced to that person.

(4) A person must not cause or permit any aviation fuel to be dispensed for use in an aircraft if that person knows or has reason to believe that the aviation fuel is not fit for use in aircraft.

(5) If it appears to the Governor or an authorised person that any aviation fuel is intended or likely to be delivered in contravention of any provision of this article, the Governor or that authorised person may direct the person having the management of the installation not to permit aviation fuel to be dispensed from that installation until the direction has been revoked by the Governor or by an authorised person.

(6) In this article—

“aviation fuel” means fuel intended for use in aircraft; and

“aviation fuel installation” means any apparatus or container, including a vehicle designed, manufactured or adapted for the storage of aviation fuel or for the delivery of such fuel to an aircraft.

Aeronautical lights

163

(1) A person must not, except with the permission of the Governor and in accordance with any conditions subject to which the permission may be granted, establish, maintain or alter the character of—

(a) an aeronautical beacon within the Territory;

(b) any aeronautical ground light (other than an aeronautical beacon) at an aerodrome certificated under this Order or under regulations made under this Order, or which forms part of the lighting system for use by aircraft taking off from or landing at an aerodrome.

(2) In the case of an aeronautical beacon that is or may be visible from the waters within an area of a general lighthouse authority, the Governor must not give his permission for the purpose of this article except with the consent of that authority.

(3) A person must not intentionally or negligently interfere with any aeronautical ground light established by or with the permission of the Governor.

Lighting of en-route obstacles

164

(1) For the purposes of this article an en-route obstacle means any building, structure or erection which is 150 metres or more above ground level other than any such building, structure or erection which is in the vicinity of a certificated or licensed aerodrome.

(2) The person in charge of an en-route obstacle must ensure that it is fitted with medium intensity steady red lights positioned as close as possible to the top of the obstacle and at intermediate levels spaced so far as practicable equally between the top lights and ground level with an interval not exceeding 52 metres.

(3) The person in charge of an en-route obstacle must ensure that, by night, the lights required to be fitted by this article are displayed.

(4) In the event of the failure of any light which is required by this article to be displayed by night the person in charge must repair or replace the light as soon as is reasonably practicable.

(5) At each level on the obstacle where lights are required to be fitted, sufficient lights must be fitted and arranged so as to show when displayed in all directions.

(6) In any particular case the Governor may direct that an en-route obstacle must be fitted with and display such additional lights in such positions and at such times as may be specified.

(7) This article does not apply to any en-route obstacle for which the Governor has granted permission to the person in charge.

(8) A permission may be granted for the purposes of this article in respect of a particular case or class of cases or generally.

Dangerous lights

165

(1) A person must not exhibit in the Territory any light which—

(a) by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome;

(b) by reason of its liability to be mistaken for an aeronautical ground light is liable to endanger aircraft; or

(2) If any light which appears to the Governor to be a light referred to in paragraph (1)(a) and (b) is exhibited the Governor may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or has charge of the light, directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice for extinguishing or screening the light and for preventing for the future the exhibition of any other light which may similarly endanger aircraft.

(3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.

(4) In the case of a light that is or may be visible from any waters within the area of a general lighthouse authority, the power of the Governor under this article must not be exercised except with the consent of that authority.

PART 20 — DOCUMENTS AND RECORDS

Journey Log

166

(1) An operator of an aircraft used for the purposes of international air navigation must record and retain the information specified in instructions given by the Governor under article 74(1) in a journey log, in such form as is specified in those instructions.

(2) The Governor may permit an operator not to keep a journey log if the relevant information is available in other documents that are required to be kept under the provisions of this Order.

(3) An operator must ensure that all entries in a journey log are made concurrently and be permanent in nature.

Documents to be carried

167

(1) An aircraft must not fly unless it carries the documents that it is required to carry under the law of the country in which it is registered.

(2) An aircraft registered in the Territory must, when in flight, carry the documents specified in instructions given by the Governor or identified in the specified requirements.

Production of documents and records

168

(1) The pilot-in-command of an aircraft must, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person—

(a) the certificates of registration and airworthiness in force in respect of the aircraft;

(b) the licences of its flight crew; and

(2) The operator of an aircraft registered in the Territory must, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents or records as may have been requested by that person being documents or records which are required, by or under this Order, to be in force or to be carried, preserved or made available—

(a) the certificate of airworthiness and certificate of registration in respect of the aircraft and the licence in force in respect of the aircraft radio station installed in the aircraft;

(b) the aircraft log book, engine log books and variable pitch propeller log books required under this Order to be kept;

(d) in the case of a commercial air transport aircraft or aerial work aircraft, a copy of the load sheet, the technical log and those parts of the operations manual required to be carried on the flight under article 96(2)(c);

(e) any record which is required by article 62(6) to be preserved, and such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate; and

(f) the record made by any flight data recorder required to be carried by or under this Order.

(3) The holder of a licence granted or rendered valid under this Order or of a medical certificate required under article 54 must, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person the licence, including any certificate of validation.

(4) Every person required by article 58 to keep a personal flying log book must cause it to be produced within a reasonable time to an authorised person after being requested to do so, within 2 years after the date of the last entry in it.

Production of aeronautical telecommunication service documents and records

169

The holder of an approval under article 153 must within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person any documents and records relating to any aeronautical telecommunication service used or intended to be used in connection with the provision of a service to an aircraft.

Power to inspect and copy documents and records

170

An authorised person has the power to inspect and copy any certificate, licence, log book, document or record that under this Order is required to be produced to that person.

Preservation of documents, etc

171

(1) A person required by this Order to preserve any document or record by reason of being the operator of an aircraft must, if ceasing to be the operator of the aircraft, continue to preserve the document or record as if the person had not ceased to be the operator, and in the event of the person’s death the duty to preserve the document or record falls upon the person’s personal representative.

(2) If another person becomes the operator of the aircraft, the operator mentioned in paragraph (1) or the personal representative must deliver to that person upon demand the certificates of release to service, the log books and the weight schedule and any record made by a flight data recorder and preserved in accordance with article 84(3) which are in force or required to be preserved in respect of that aircraft.

(3) If an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person the operator mentioned in paragraph (1) or the personal representative must deliver to that person upon demand the logbook relating to that engine or propeller.

(4) If any person in respect of whom a record has been kept by the operator mentioned in paragraph (1) in accordance with article 62(6) becomes a member of the flight crew of a commercial air transport aircraft registered in the Territory and operated by another person the operator mentioned in paragraph (1) or personal representative must deliver those records to that other person upon demand.

(5) It shall be the duty of the other person referred to in paragraphs (2), (3) and (4) to deal with the document or record delivered to as if the other person were the operator mentioned in paragraph (1).

Validity of certificates, licences, authorisations, approvals and permissions

172

Wherever in this Order there is provision for the giving of an instruction or the issue or grant of a certificate, licence, authorisation, approval or permission by the Governor, unless otherwise provided, such an instruction or a certificate, licence, authorisation, approval or permission—

(a) must be in writing;

(b) may be issued or granted subject to such conditions as the Governor thinks fit;

(d) may be renewed from time to time upon such conditions and for such further period or periods as the Governor thinks fit.

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