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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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Offences in relation to documents and records

173

(1) A person must not with intent to deceive—

(a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under this Order which has been forged, altered, revoked or suspended, or to which the person is not entitled;

(b) lend any certificate, licence, approval, permission, exemption or any other document issued or having effect or required by or under this Order to, or allow it to be used by, any other person; or

(c) make any false representation for the purpose of procuring for himself, herself or any other person the grant, issue, renewal or variation of any such certificate, licence, approval, permission or exemption or other document;

and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy of it.

(2) A person must not intentionally damage, alter or render illegible any logbook or other record required by or under this Order to be maintained or any entry made in it, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record, or destroy any such log book or record during the period for which it is required under this Order to be preserved.

(3) All entries made in writing in any logbook or record referred to in paragraph (2) must be made in ink or other permanent form.

(4) A person must not knowingly make in a load sheet—

(a) any entry that is incorrect in any material particular; or

(b) any material omission.

(5) A person must not purport to issue any certificate for the purposes of this Order unless authorised to do so under this Order.

(6) A person must not issue any certificate for the purposes of this Order unless satisfied that all statements in the certificate are correct.

PART 21 — OCCURRENCE REPORTING

Mandatory occurrence reporting

174

(1) The objective of this article is to contribute to the improvement of air safety by ensuring that the relevant information on safety is reported, collected, stored, protected and disseminated.

(2) The sole objective of occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability.

(3) This article applies to occurrences that endanger or which, if not corrected, would endanger an aircraft, its occupants or any other person.

(4) Every person listed below must report to the Governor any event which constitutes a reportable occurrence for the purposes of paragraph (5) and which comes to that person’s attention in the exercise of that person’s functions—

(a) the operator and the pilot-in-command of an aircraft which has a certificate of airworthiness or permit to fly issued by the Governor;

(b) the operator and the pilot-in-command of an aircraft operated under an air operator’s certificate granted by the Governor;

(c) a person who carries on in the Territory the business of manufacturing, repairing or overhauling an aircraft referred to in sub-paragraphs (a) or (b), or any equipment or part thereof;

(d) a person who carries on the business of maintaining or modifying an aircraft that has a certificate of airworthiness or permit to fly issued by the Governor and a person who carries on the business of maintaining or modifying any equipment or part of such an aircraft;

(e) a person who carries on the business of maintaining or modifying an aircraft, operated under an air operator’s certificate granted by the Governor, and a person who carries on the business of maintaining or modifying any equipment or part of such an aircraft;

(f) a person who signs an airworthiness report or a certificate of release to service in respect of such an aircraft, part or equipment;

(g) a person who performs a function which requires an air traffic controller’s licence or flight information service authority;

(h) an aerodrome certificate holder, operator or manager of a certificated or licensed aerodrome;

(i) a person who performs a function connected with the installation, modification, maintenance, repair, overhaul, flight checking or inspection of air navigation facilities which are utilised by a person who provides an air traffic control service under an approval issued by the Governor;

(j) a person who performs a function concerning the ground-handling of aircraft, including fuelling, servicing, load sheet preparation, de-icing and towing.

(5) In this article ‘reportable occurrence’ means—

(a) any incident relating to an aircraft or any defect in or malfunctioning of an aircraft or any part or equipment of such an aircraft, being an incident, malfunctioning or defect endangering, or which if not corrected would endanger, the aircraft, its occupants or any other person; and

(b) any defect in or malfunctioning of any facility on the ground used or intended to be used for purposes of or in connection with the operation of an aircraft, being a defect or malfunctioning endangering, or which if not corrected would endanger, an aircraft or its occupants.

(6) Any accident or serious incident notified to the Governor under regulations made under section 75 of the Act[^f00012] does not constitute a reportable occurrence for purposes of this article.

(7) Reports of occurrences must be made within such time, by such means and contain such information as may be specified by the Governor in requirements published under article 5 and must be presented in such form as the Governor may in any particular case approve.

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

(9) A person must not make any report under this article knowing or having reason to believe that the report is false in any particular.

(10) If the operator of an aircraft has reason to believe that a report has been or will be made under this article, the operator must preserve any data from a flight data recorder or a combined cockpit voice recorder/flight data recorder relevant to the reportable occurrence for 14 days from the date on which a report of that occurrence is made to the Governor or for such longer period as the Governor may in a particular case direct.

(11) The record referred to in paragraph (10) may be erased if the aircraft is outside the Territory and it is not reasonably practicable to preserve the record until the aircraft reaches the Territory.

Mandatory reporting of bird strikes

175

(1) The pilot-in-command of an aircraft must make a report to the Governor of any bird strike occurrence which occurs whilst the aircraft is in flight within the Territory.

(2) The report must be made within such time, by such means and contain such information as may be specified by the Governor in requirements published under article 5 and be presented in such form as the Governor may in a particular case approve.

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

(4) A person must not make any report under this article knowing or having reason to believe that the report is false in any particular.

(5) In this article “bird strike occurrence” means an incident in flight in which the pilot-in-command of an aircraft has reason to believe that the aircraft has been in collision with one or more than one bird.

PART 22 — PROHIBITED BEHAVIOUR, OFFENCES AND PENALTIES

Endangering safety of aircraft

176

A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in the aircraft.

Endangering safety of any person or property

177

A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.

Drunkenness in aircraft

178

(1) A person must not enter any aircraft when drunk, or be drunk in any aircraft.

(2) A person must not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of alcohol, any drug or any psychoactive substance, including prescribed or proprietary medication, so as to render that person’s capacity so to act or so as to create a risk to that person or any other person.

Smoking in aircraft

179

A person must not smoke in any compartment of an aircraft registered in the Territory at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the pilot-in-command of the aircraft.

Authority of pilot-in-command and members of the crew of an aircraft

180

(1) Every person in an aircraft must obey all lawful commands which the pilot-in-command or a member of the crew of that aircraft may give for the purpose of securing the safety of the aircraft and of the persons or property carried on board, or the safety, efficiency or regularity of air navigation.

(2) No person may operate on any aircraft any mobile or cell phone, computer or other electronic device that is designed to transmit or capable of transmitting electromagnetic energy otherwise than in accordance with the permission of the pilot-in-command of that aircraft.

(3) Paragraph (2) of this article does not apply to—

(a) hearing aids;

(b) heart pacemakers;

(d) electric shavers;

(e) electronic watches;

or any other portable electronic device if the operator or pilot-in-command of the aircraft has determined that the said portable electronic device to be used will not cause interference with any aircraft system or equipment of the aircraft on which it is used.

Acting in a disruptive manner

181

A person must not while in an aircraft—

(a) use any threatening, abusive or insulting words towards a member of the crew of the aircraft;

(b) behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or

Obstruction of persons

182

A person must not intentionally obstruct or impede any person acting in the exercise of powers or the performance of duties under this Order.

Enforcement of directions

183

Any person who without reasonable excuse fails to comply with any direction or instructions given under any provision of this Order or any regulations made under it is deemed for the purposes of this Order to have contravened that provision.

Stowaways

184

A person must not secrete himself or herself for the purpose of being carried in an aircraft without the consent of either the operator or the pilot-in-command or of any other person entitled to give consent to being carried in the aircraft.

Penalties

185

(1) If any provision of this Order or of any regulations made, direction or instructions given under it is contravened in relation to an aircraft, the operator of that aircraft and the pilot-in-command and, in the case of a contravention of articles 135 and 137, the charterer of that aircraft, is (without prejudice to the liability of any other person for that contravention) deemed for the purposes of the following provisions of this article to have contravened that provision unless they prove that the contravention occurred without their consent or connivance and that they exercised all due diligence to prevent the contravention.

(2) If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of this Order or of any regulations made under it, was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission is deemed not to be a contravention by that person of that provision.

(3) Where a person is charged with contravening a provision of this Order or of any regulations made under it by reason of having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport or aerial work the flight is treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if the person proves that they did not know or suspect that the flight was for that purpose.

(4) Any person who contravenes any provision of this Order or of any regulations made under it not being a provision referred to in paragraphs (5) or (6), may be guilty of an offence and liable on summary conviction to a fine not exceeding £1000.

(5) Any person who contravenes any provision specified in Part A of Schedule 5 may be guilty of an offence and liable on summary conviction to a fine not exceeding £2500.

(6) Any person who contravenes any provision specified in Part B of Schedule 5 may be guilty of an offence and liable on summary conviction to a fine not exceeding £5000 and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

PART 23 — APPLICABILITY AND GENERAL PROVISIONS

Flights over any foreign country

186

(1) The operator and the pilot-in-command of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any country other than the United Kingdom must not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

(2) A person does not contravene paragraph (1) if that person did not know or suspect that the aircraft was being or was to be used for a purpose referred to in paragraph (1).

(3) The operator and the pilot-in-command of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any country other than the United Kingdom must comply with any directions given by the appropriate aeronautical authorities of that country whenever—

(a) the flight has not been duly authorised; or

(b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country;

unless the lives of persons on board or the safety of the aircraft would be endangered as a result.

(4) A person does not contravene paragraph (3) if that person did not know or suspect that directions were being given by the appropriate aeronautical authorities.

(5) The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.

(6) In this article “appropriate aeronautical authorities” includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

Application of Order

187

The provisions of this Order apply to the Territories mentioned in Schedule 6, any one of which is in this Order referred to in the expression “the Territory”.

Extra-territorial effect of the Order

188

(1) Except where the context otherwise requires, the provisions of this Order—

(a) insofar as they apply (whether by express reference or otherwise) to aircraft registered in the Territory, apply to such aircraft wherever they may be;

(b) insofar as they apply to other aircraft, apply to such other aircraft when they are within the Territory or on, or in the neighbourhood of, an offshore installation;

(c) insofar as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in, or by any of the crew of, any aircraft registered in the Territory, apply to such persons and crew wherever they may be; and

(d) insofar as they prohibit, require or regulate the doing of anything in relation to any aircraft registered in the Territory by other persons, where such persons are Commonwealth citizens or British protected persons, apply to them wherever they may be.

(2) Nothing in this article is construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948[^f00013] (which limits the criminal liability of certain persons who are not citizens of the United Kingdom and colonies) that that person shall not be guilty of an offence.

Application of the Order to Territory-controlled aircraft not registered in the Territory

189

(1) The Governor may direct that such of the provisions of this Order and of any regulations made or having effect under it as may be specified in the direction shall have effect as if reference in those provisions to aircraft registered in the Territory included references to the aircraft specified in the direction.

(2) A direction under paragraph (1) may only specify an aircraft that is not registered in the Territory but which is for the time being under the management of a person who (or of persons each of whom) is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory.

Application of the Order to the Crown and visiting forces etc.

190

(1) Subject to the following provisions of this article, the provisions of this Order apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty as they apply to or in relation to other aircraft.

(2) For the purposes of such application, the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft is deemed to be the operator of the aircraft and, in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft.

(3) Nothing in this article renders liable to any penalty any department or other authority responsible on behalf of Her Majesty for the management of any aircraft.

(4) Paragraph (5) applies to the naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters

(5) Except as otherwise expressly provided, each body and person and any property to which paragraph (4) applies is exempt from the provisions of this Order and of any regulations made under it to the same extent as if it formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving in the Territory.

(6) Except as otherwise provided by paragraph (7), articles 61(3)(a), 69(7), (13) and (14), and 160 and the Rules of the Air, nothing in this Order applies to or in relation to any military aircraft.

(7) Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting 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 or international headquarters, articles 68, 176, 177, and 178 and the Rules of the Air apply unless, in the case of the Rules of the Air, an aircraft is flown in compliance with Military Flying Regulations or Flying Orders to Contractors issued by the Secretary of State.

Exceptions for certain classes of aircraft

191

Other than articles 3(1) and (4), 8(1)(b), 68(1), 70, 71, 73, 127, 128 and 177, this Order does not apply to or in relation to—

(a) any small balloon;

(b) any kite weighing not more than 2 kg;

(d) any parachute, including a parascending parachute.

Approval for persons to furnish reports

192

The Governor may approve a person as qualified to provide reports, and may accept such reports, in relation to any of the Governor’s functions under any of the provisions of this Order.

Appeal to Supreme Court

193

(1) An appeal lies to the Supreme Court or to such other court as may be prescribed from any decision of the Governor that a person is not a fit person to hold a licence to act as an aircraft maintenance engineer, member of the flight crew of an aircraft, air traffic controller, student air traffic controller or aerodrome flight information service officer, and if the court is satisfied that on the evidence submitted that the Governor was wrong in so deciding, the court may reverse the Governor’s decision and the Governor must give effect to the court’s determination.

(2) An appeal does not lie from a decision of the Governor that a person is not qualified to hold the licence by reason of a deficiency in that person’s knowledge, experience, competence, skill, physical or mental fitness.

(3) The respondent to any appeal under this article shall be the Attorney General or other principal legal officer of the Government of the Territory.

(4) For the purposes of any provision relating to the time within which an appeal may be brought, the Governor’s decision is deemed to have been taken on the date on which the Governor provided a statement of reasons for the decision to the applicant for the licence, or as the case may be, the holder or former holder of it.

Saving

194

(1) Subject to the provisions of articles 155 and 159, nothing in this Order or any regulations made under it confers any right to land in any place as against the owner of the land or other persons interested in the land.

(2) Nothing in this Order obliges the Governor to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the granting of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.

PART 24 — INTERPRETATION OF COMMERCIAL AIR TRANSPORT

Commercial air transport – general rules

195

(1) For the purposes of this Order, an aircraft in flight is deemed to fly for the purposes of commercial air transport—

(a) if valuable consideration is given or promised for the carriage of passengers or cargo in the aircraft on that flight;

(b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors) and persons with the authority of the Governor who are either making any inspection or witnessing any training, practice or test for the purposes of this Order, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or

(c) for the purposes of Part 3 (other than for articles 35(2) and 36(2)), if valuable consideration is given or promised for the primary purpose of conferring on a particular person the right to fly the aircraft on that flight (not being a single-seat aircraft of which the maximum total weight authorised does not exceed 910kg) otherwise than under a hire-purchase or conditional sale agreement.

(2) Notwithstanding that an aircraft may be flying for the purpose of commercial air transport by reason only of paragraph (1)(c), it is not deemed to be flying for the purpose of the commercial air transport of passengers unless valuable consideration is given for the carriage of those passengers.

(3) A glider is not deemed to fly for the purpose of commercial air transport for the purposes of Part 3 by virtue of paragraph (1)(c) if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club.

(4) Notwithstanding the giving or promising of valuable consideration specified in sub-paragraph (1)(c) in respect of the flight or the purpose of the flight it shall—

(a) subject to sub-paragraph (b), for all purposes other than Part 3; and

(b) for the purposes of articles 35(2) and 36(2);

be deemed to be a private flight.

(5) Where a person is carried in or is given the right to fly an aircraft under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand, in such circumstances that valuable consideration would be given or promised if the transaction were effected differently, valuable consideration is, for the purposes of this Part, deemed to have been given or promised, notwithstanding any rule of law as to such transactions.

(6) For the purposes of paragraph (1)(a), there shall be disregarded any valuable consideration given or promised in respect of a flight or the purpose of a flight by one company to another company which is—

(a) its holding company;

(b) its subsidiary; or

(7) For the purposes of this article a company is a “subsidiary” of another company, its “holding company”, if that other company—

(a) holds a majority of the voting rights in it; or

(b) is a member of it and has the right to appoint or remove a majority of its board of directors; or

(c) is a member of it and controls alone, pursuant to an agreement with other members, a majority of the voting rights in it, or

(d) if it is a subsidiary of a company that is itself a subsidiary of that other company.

Commercial air transport – exception for flying displays etc.

196

(1) For the purposes of Part 4 of this Order, a flight is deemed to be a private flight if—

(a) the flight is—

(i) wholly or principally for the purpose of taking part in an aircraft race, contest or flying display;

(ii) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (i) and is made with the intention of carrying out such a flight; or

(iii) for the purpose of returning after such a flight as is specified in sub-paragraph (i) to a place at which the aircraft is usually based; and

(b) the only valuable consideration in respect of the flight or the purpose of the flight other than—

(i) valuable consideration specified at article 195(1)(c); or

(ii) in the case of an aircraft jointly owned in accordance with article 200(2), valuable consideration which falls within article 200(3);

falls within paragraph (2)(a) or (2)(b) or both.

(2) Valuable consideration falls within this paragraph if it either is—

(a) that given or promised to the owner or operator of an aircraft taking part in such a race, contest or flying display and such valuable consideration does not exceed the direct costs of the flight and a contribution to the annual costs of the aircraft which contribution shall bear no greater proportion to the total annual costs of the aircraft than the duration of the flight bears to the annual flying hours of the aircraft; or

(b) one or more prizes awarded to the pilot-in-command of an aircraft taking part in an aircraft race or contest to a value which shall not exceed £500 in respect of any one race or contest except with the permission in writing of the Governor granted to the organiser of the race or contest which permission may be granted subject to such conditions as the Governor thinks fit.

(3) Any prize falling within paragraph (2)(b) shall be deemed for the purposes of this Order not to constitute remuneration for services as a pilot.

Commercial air transport – exception for charity flights

197

(1) A flight is deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than—

(a) valuable consideration specified at article 195(1)(c); or

(b) in the case of an aircraft owned in accordance with article 200(2), valuable consideration which falls within article 200(3);

is given or promised to a registered charity which is not the operator of the aircraft and the flight is made with the permission in writing of the Governor and in accordance with any conditions therein specified.

(2) If valuable consideration specified at article 195(1)(c) is given or promised the flight is, for the purposes of Part 3 of this order (other than for articles 35(2) and 36(2)), deemed to be for the purposes of commercial air transport.

198

(1) A flight is deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within paragraph (2) and the criteria in paragraph (3) are satisfied.

(2) Valuable consideration falls within this paragraph if it is—

(a) valuable consideration specified at article 195(1)(c);

(b) in the case of an aircraft owned in accordance with article 200(2), valuable consideration which falls within article 200(3); or

(3) The criteria in this paragraph are satisfied if—

(a) no more than 4 persons (including the pilot) are carried on such a flight;

(b) the proportion which the contribution referred to in paragraph (2)(c) bears to the total direct costs of the flight shall not exceed the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried on the flight (including the pilot);

(c) no information concerning the flight has been published or advertised prior to the commencement of the flight other than, in the case of an aircraft operated by a flying club, advertising wholly within the premises of such a flying club in which case all the persons carried on such a flight who are aged 18 years or over must be members of that flying club; and

(d) no person acting as a pilot on such a flight shall be employed as a pilot by or be a party to a contract for the provision of services as a pilot with the operator of the aircraft being flown on the flight.

(4) If valuable consideration specified in article 195(1)(c) is given or promised the flight is, for the purposes of Part 3 of this Order (other than for articles 35(2) and 36(2)), deemed to be for the purposes of commercial air transport.

Commercial air transport – exception for recovery of direct costs

199

(1) A flight is deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than—

(a) valuable consideration specified in article 195(1)(c); or

(b) in the case of an aircraft owned in accordance with article 200(2), valuable consideration which fails within article 200(3);

is the payment of the whole or part of the direct costs otherwise payable by the pilot-in-command by or on behalf of the employer of the pilot-in-command, or by or on behalf of a body corporate of which the pilot-in-command is a director, provided that neither the pilot-in-command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried.

(2) If valuable consideration specified in article 195(1)(c) is given or promised the flight is, for the purposes of Part II of this Order (other than for articles 35(2) and 36(2)), deemed to be for the purposes of commercial air transport.

Commercial air transport – exception for jointly owned aircraft

200

(1) A flight is deemed to be a private flight if the aircraft falls within paragraph (2) and the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within paragraph (3).

(2) An aircraft falls within this paragraph if it is owned—

(a) jointly by persons (each of whom is a natural person) who each hold not less than a 5% beneficial share and—

(i) the aircraft is registered in the names of all the joint owners; or

(ii) the aircraft is registered in the name or names of one or more of the joint owners as trustee or trustees for all the joint owners, and written notice has been given to the Governor of the names of all the persons beneficially entitled to a share in the aircraft; or

(b) by a company in the name of which the aircraft is registered and the registered shareholders of which (each of whom is a natural person) each hold not less than 5% of the shares in that company.

(3) Valuable consideration falls within this paragraph if it is either—

(a) in respect of and is no greater than the direct costs of the flight and is given, or promised by one or more of the joint owners of the aircraft or registered shareholders of the company which owns the aircraft; or

(b) in respect of the annual costs and given by one or more of such joint owners or shareholders.

Commercial air transport and aerial work – carriage of persons

201

A flight is an aerial work flight if it is a flight in respect of which valuable consideration has been given or promised for—

(a) the conduct of an aerial work activity during which, excluding crew members, no more than six persons indispensable to that aerial work activity are carried in the aircraft; and

(b) flights immediately before and after an aerial work activity, provided that such flights are connected with that aerial work activity and the persons carried are as specified in paragraph (a).

Commercial air transport and aerial work – parachuting

202

Notwithstanding article 201, a flight is an aerial work flight if it is a flight in respect of which valuable consideration has been given or promised for—

(a) the dropping of persons by parachute and which is made under and in accordance with the terms of a parachuting permission granted by the Governor under article 131; and

(b) associated positioning and return flights on which the persons carried are those who may be carried on such a flight in accordance with the terms of a parachuting permission granted by the Governor under article 131.

SCHEDULE 1 — ORDERS REVOKED

	References
The Air Navigation (Overseas Territories) Order 2007	S.I. 2007/3468
The Air Navigation (Overseas Territories) (Amendment) Order 2008	S.I. 2008/3125
The Air Navigation (Overseas Territories) (Amendment) Order 2011	S.I. 2011/237

SCHEDULE 2 — CLASSIFICATION OF AIRCRAFT

Col. 1	Col. 2	Col. 3	Col. 4

			Free Balloon

		Non-power driven	Captive Balloon
	Lighter than air aircraft
		Power driven	Airship




			Glider
Aircraft		Non-power driven
			Kite



			Aeroplane (Landplane)
	Heavier than air aircraft		Aeroplane (Seaplane)
			Aeroplane (Amphibian)
		Power driven (flying machines)	Aeroplane (Self-launching Motor Glider)	Aeroplane (Self-launching Motor Glider)
			Powered Lift (Tilt Rotor)

				Helicopter
			Rotorcraft
				Gyroplane

SCHEDULE 3 — LICENCES

MINIMUM AGE, PERIOD OF VALIDITY, PRIVILEGES — AEROPLANE PILOTS

Private Pilot’s Licence (Aeroplanes)

Minimum age – 17 years

No maximum period of validity

Privileges

(1) Subject to paragraph (2), the holder of a Private Pilot’s Licence (Aeroplanes) is entitled to fly as pilot-in-command or co-pilot of an aeroplane of any of the types or classes specified or otherwise falling within an aircraft rating included in the licence.

(2) The holder of the licence must not—

(a) fly an aeroplane for the purpose of commercial air transport or aerial work except in accordance with paragraph (3);

(b) receive any remuneration for the holder’s services as a pilot on a flight except in accordance with paragraph (4);

(i) on a flight outside controlled airspace if the flight visibility is less than 3 km;

(ii) on a special VFR flight in a control zone in a flight visibility of less than 10 km except on a route or in an aerodrome traffic zone notified for the purpose of this sub-paragraph; or

(iii) when the surface is not in sight;

(d) fly as pilot-in-command of an aeroplane at night unless the licence includes a night rating (aeroplanes);

(e) unless the licence includes an instrument rating (aeroplanes), fly as pilot-in-command or co-pilot of an aeroplane flying in Class A, B, C, D or E airspace in circumstances which require compliance with the Instrument Flight Rules;

(f) fly as pilot-in-command of an aeroplane carrying passengers unless—

(i) within the preceding 90 days the holder has made three take-offs and three landings as the sole manipulator of the controls of an aeroplane of the same type or class; and

(ii) if such a flight is to be carried out at night and the licence does not include an instrument rating (aeroplane) at least one of those take-offs and landings has been at night.

(a) The holder may fly an aeroplane for the purpose of aerial work which consists of—

(i) the giving of instruction in flying, if the licence includes a flying instructor’s rating; or

(ii) the conduct of flying tests for the purposes of this Order;

(b) The holder may fly an aeroplane for the purpose of aerial work which consists of—

(i) towing a glider in flight; or

(ii) a flight for the purpose of dropping of persons by parachute;

in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the holder of the licence and any person carried in the aircraft or in any glider towed by the aircraft are members.

(4) The holder of a licence may receive remuneration for services as a pilot on a flight if—

(a) the licence includes a flying instructor’s rating entitling the holder to give instruction in flying microlight aeroplanes; and

(b) the remuneration is for giving such instruction or conducting such flying tests as are specified in paragraph (3)(a) in a microlight aeroplane.

Commercial Pilot’s Licence (Aeroplanes)

Minimum age – 18 years

Airline Transport Pilot’s Licence (Aeroplanes)

Minimum age - 21 years

The holder of an Air Transport Pilot’s Licence is entitled to exercise the privileges of a Commercial Pilot’s Licence (Aeroplanes) except that sub-paragraph (3)(f) of those privileges does not apply.

HELICOPTER AND GYROPLANE PILOTS

Private Pilot’s Licence (Helicopters)

Minimum age – 17 years

No maximum period of validity

Privileges:

(1) Subject to paragraph (2), the holder of the licence is entitled to fly as pilot-in-command or co-pilot of any helicopter of a type specified in an aircraft rating included in the licence.

(2) The holder of the licence must not—

(a) fly a helicopter for the purpose of commercial air transport or aerial work other than aerial work which consists of—

(i) the giving of instruction in flying if the licence includes a flying instructor’s rating;

(ii) the conduct of flying tests for the purposes of this Order;

except in either case in a helicopter owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members;

(b) receive any remuneration for services as a pilot on a flight other than remuneration for the giving of such instruction or the conduct of such flying tests as are specified in sub-paragraph (a);

(d) unless the licence includes an instrument rating (helicopter), fly as pilot-in-command or co-pilot of a helicopter in circumstances which require compliance with the Instrument Flight Rules—

(i) in Class A, B or C airspace at any time; or

(ii) in Class D, E, F or G airspace unless flying at night and remaining clear of cloud and with the surface in sight;

(e) fly as pilot-in-command of a helicopter carrying passengers unless—

(i) within the preceding 90 days the holder has made three circuits, each to include take-offs and landings as the sole manipulator of the controls of a helicopter of the same type; or

(ii) if the privileges are to be exercised by night and the licence does not include an instrument rating, within the preceding 90 days the holder has made three circuits, each to include take-offs and landings by night as the sole manipulator of the controls of a helicopter of the same type.

Private Pilot’s Licence (Gyroplanes)

Minimum age – 17 years

Commercial Pilot’s Licence (Helicopters and Gyroplanes)

Minimum age – 18 years

Airline Transport Pilot’s Licence (Helicopters and Gyroplanes)

Minimum age – 21 years

The holder of the licence is entitled to exercise the privileges of a Commercial Pilot’s Licence (Helicopters and Gyroplanes) except that sub-paragraphs (2)(a) and (2)(f) of those privileges do not apply.

BALLOON AND AIRSHIP PILOTS

Private Pilot’s Licence (Balloons and Airships)

Minimum age – 17 years

No maximum period of validity

Privileges:

(1) Subject to paragraph (2), the holder of a Private Pilot’s Licence (Balloons and Airships) is entitled to fly as pilot-in-command of any type of balloon or airship on which the holder is so qualified and which is specified in an aircraft rating in the licence and co-pilot of any type of balloon or airship specified in such a rating.

(2) The holder may not—

(a) fly a balloon or airship for the purpose of commercial air transport or aerial work, other than aerial work which consists of the giving of instruction in flying or testing in a club environment;

(b) receive any remuneration for services as a pilot on a flight other than remuneration for the giving of such instruction or the conducting of such flying tests as are specified in sub-paragraph (a); or

(c) fly a balloon unless the holder has within the immediately preceding 13 months carried out as pilot-in-command in a free balloon five flights each of not less than five minutes duration.

Commercial Pilot’s Licence (Balloons)

Minimum age – 18 years

Commercial Pilot’s Licence (Airships)

Minimum age – 18 years

GLIDER PILOTS

Commercial Pilot’s Licence (Gliders)

Minimum age – 18 years

Maximum period of validity – 10 years

Privileges:

The holder of a Commercial Pilot’s Licence (Gliders) is entitled to fly for any purpose as pilot-in-command or co-pilot of—

(a) any glider of which the maximum total weight authorised does not exceed 680 kg.

(b) any glider of which the maximum total weight authorised exceeds 680 kg and which is of a type specified in the rating included in the licence.

OTHER FLIGHT CREW

Flight Engineer’s Licence

Minimum age – 21 years

Maximum period of validity – 10 years

Privileges:

The holder of a Flight Engineer’s Licence is entitled to act as flight engineer in any type of aircraft specified in an aircraft rating included in the licence.

Flight Radiotelephony Operator’s Licence

Minimum age – 16 years

SCHEDULE 4 — RULES OF THE AIR

SECTION 1 — INTERPRETATION

Interpretation

1

In these Rules—

“ACAS” means an aircraft system based on secondary surveillance radar (“SSR”) transponder signals which operates independently of ground based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders;

“air-taxiing” means flight by a helicopter, or other type of aircraft capable of vertical take-off and landing, above the surface of an aerodrome at a ground speed of less than 20 knots for the purpose of taxiing in accordance with normal aviation practice;

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

“anti-collision light” means— in relation to rotorcraft, a flashing red light; in relation to any other aircraft, a flashing red or flashing white light; in either case showing in all directions;

“Class C ATS route” means a route notified as such;

“day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level;

“flight plan” means a plan containing such information as may be notified in respect of an air traffic control service unit, being information provided or to be provided to that unit which relates to an intended flight, or part of a flight, of an aircraft;

“ground visibility” means the horizontal visibility at ground level;

“IFR flight” means a flight conducted in accordance with the Instrument Flight Rules in Section 6 of these Rules;

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

“simulated instrument flight conditions” means a flight during which mechanical or optical devices are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft;

“special VFR flight” means a flight— made at any time in a control zone which is Class A airspace; or made in any other control zone in either Instrument Meteorological Conditions or at night; in respect of which the appropriate air traffic control unit has given permission for the flight to be made in accordance with special instructions given by that unit instead of in accordance with the Instrument Flight Rules; and in the course of which the aircraft complies with any instructions given by that unit and the aircraft remains clear of cloud and with the surface in sight;

“VFR flight” means a flight conducted in accordance with the Visual Flight Rules in Section 5 of these Rules;

SECTION 2 — GENERAL

Application of Rules to aircraft

2

These Rules, insofar as they apply to aircraft, apply—

(a) to all aircraft within the Territory; and

(b) for the purposes of Rule 5, to all aircraft in the neighbourhood of an offshore installation; and

Misuse of signals and markings

3

(1) A signal or marking which is given a meaning by Section 8 of these Rules or which is required by Section 8 to be used in specified circumstances or for a specified purpose must not be used except with that meaning, in those circumstances or for that purpose.

(2) A person in an aircraft or on an aerodrome or at any place at which an aircraft is taking off or landing must not—

(a) make any signal which may be confused with a signal specified in Section 9; or

(b) except with lawful authority, make any signal which he knows or ought reasonably to know to be a signal in use for signalling to or from any of Her Majesty’s naval, military or air force aircraft.

(3) Signals prescribed in accordance with general international aeronautical practice for the purposes of search and rescue must not be used for any purpose other than that intended.

Reporting hazardous conditions

4

(1) If any aircraft encounters hazardous conditions in the course of a flight, the pilot-in-command of the aircraft must send to the appropriate air traffic control unit, by the quickest means available, information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.

(2) The information must be sent immediately the aircraft encounters the hazardous conditions or as soon as it is possible to do so afterwards.

SECTION 3 — LOW FLYING RULE

Low flying prohibitions

5

(1) Subject to paragraph (2), an aircraft must comply with the low flying prohibitions in paragraph (3) unless exempted by rule 6.

(2) If an aircraft is flying in circumstances such that more than one of the low flying prohibitions applies, it must fly at the greatest height required by any of the applicable prohibitions.

(3) The low flying prohibitions are as follows—

(a) Engine failure

An aircraft must not be flown below such height as would enable it to make an emergency landing without causing danger to persons or property on the surface in the event of an engine failure.

(b) The 500 feet rule

Except with the written permission of the Governor, an aircraft must not be flown closer than 500 feet to any person, vessel, vehicle or structure.

Except with the written permission of the Governor, an aircraft flying over a congested area of a city, town or settlement must not fly below a height of 1,000 feet above the highest fixed obstacle within a horizontal radius of 600 metres of the aircraft.

(d) The land clear rule

An aircraft flying over a congested area of a city, town or settlement must not fly below such height as would permit the aircraft to land clear of the congested area in the event of an engine failure.

(e) Flying over open air assemblies

Except with the written permission of the Governor, an aircraft must not fly over an organised open-air assembly of more than 1,000 persons belowwhichever is the higher of the following heights—

(i) 1,000 feet; or

(ii) such height as would permit the aircraft to land clear of the assembly in the event of an engine failure.

(f) Landing and taking off near open air assemblies

An aircraft must not land or take-off within 1,000 metres of an organised, open-air assembly of more than 1,000 persons except—

(i) at an aerodrome, in accordance with procedures notified by the Governor; or

(ii) at a landing site which is not an aerodrome, in accordance with procedures notified by the Governor and with the written permission of the organiser of the assembly.

Exemptions from the low flying prohibitions

6

The exemptions from the low flying prohibitions are as follows—

(a) Landing and taking off

(i) An aircraft is exempt from the low flying prohibitions when it is flying in accordance with normal aviation practice for the purpose of—

(aa) taking off from, landing at or practising approaches to landing at; or

(bb) checking navigational aids or procedures at,

a certificated or notified aerodrome.

(ii) An aircraft is exempt from the 500 feet rule when landing and taking-off in accordance with normal aviation practice or air-taxiing.

(b) Captive balloons and kites

None of the low flying prohibitions apply to any captive balloon or kite.

(i) Subject to paragraph (ii), an aircraft is exempt from the 1,000 feet rule when—

(aa) it is flying on a special VFR flight; or

(bb) it is operating in accordance with the procedures notified for the route being flown.

(ii) Unless the written permission of the Governor has been obtained, landings may only be made by an aircraft flying under this exemption at a certificated or notified aerodrome.

(d) Balloons and helicopters over congested areas

(i) A balloon is exempt from the 1,000 feet rule if it is landing because it is becalmed.

(ii) Subject to rule 5(3)(a) a helicopter flying over a congested area is exempt from the land clear rule.

(e) Police air operator’s certificate

An aircraft flying in accordance with the terms of a police air operator’s certificate is exempt from the 500 feet rule, the 1,000 feet rule and the prohibitions on flying over open air assemblies and on landing and taking off near open air assemblies.

(f) Flying displays etc

An aircraft taking part in a flying display is exempt from the 500 feet rule when it is within a horizontal distance of 1,000 metres of the gathering of persons assembled to witness the event.

(g) Glider hill-soaring

A glider is exempt from the 500 feet rule if it is hill-soaring.

(h) Picking up and dropping at an aerodrome

An aircraft picking up or dropping tow ropes, banners or similar articles at an aerodrome is exempt from the 500 feet rule.

(i) Manoeuvring helicopters

(i) Subject to paragraph (ii), a helicopter is exempt from the 500 feet rule if it is conducting manoeuvres, in accordance with normal aviation practice, within the boundaries of a certificated or military aerodrome or, with the written permission of the Governor at other sites.

(ii) When flying in accordance with this exemption the helicopter must not be operated closer than 60 metres to any persons, vessels, vehicles or structures located outside the aerodrome or site.

(j) Dropping articles with the permission of the Governor

An aircraft is exempt from the 500 feet rule if it is flying in accordance with—

(i) article 130(3)(f) of this Order; or

(ii) an aerial application permission granted by the Governor under article 128 of this Order.

SECTION 4 — GENERAL FLIGHT RULES

Weather reports and forecasts

7

(1) Subject to paragraph (2), immediately before an aircraft flies the pilot-in-command of the aircraft must examine the current reports and forecasts of the weather conditions on the proposed flight path, in order to determine whether Instrument Meteorological Conditions prevail, or are likely to prevail, during any part of the flight.

(2) Paragraph (1) only applies if it is reasonably practicable for the pilot-in-command to obtain current reports and forecasts of the weather conditions on the proposed flight path.

(3) Subject to paragraph (4), an aircraft which is unable to communicate by radio with an air traffic control unit at the aerodrome of destination must not begin a flight to the aerodrome if—

(a) the aerodrome is within a control zone; and

(b) the weather reports and forecasts which it is reasonably practicable for the pilot-in-command of the aircraft to obtain indicate that it will arrive at that aerodrome when the ground visibility is less than 10 km or the cloud ceiling is less than 1,500 feet.

(4) Paragraph (3) does not apply if, before take-off, the pilot-in-command of the aircraft has obtained permission from the air traffic control unit at the aerodrome of destination to enter the aerodrome traffic zone.

Avoiding aerial collisions

8

(1) Notwithstanding that a flight is being made with air traffic control clearance it remains the duty of the pilot-in-command of an aircraft to take all possible measures to ensure that the aircraft does not collide with any other aircraft.

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

(3) Subject to paragraph (7), aircraft must not fly in formation unless the pilots-in-command of the aircraft have agreed to do so.

(4) An aircraft which is obliged by this Section to give way to another aircraft must avoid passing over or under the other aircraft, or crossing ahead of it, unless passing well clear of it.

(5) Subject to paragraph (7), an aircraft which has the right-of-way under this rule must maintain its heading and speed.

(6) For the purposes of this rule a glider and a flying machine which is towing it are considered to be a single aircraft under the command of the pilot-in-command of the flying machine.

(7) Paragraphs (3) and (5) do not apply to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

(8) Nothing in these Rules relieves the pilot-in-command of an aircraft from the responsibility of taking such action, including collision avoidance manoeuvres based on resolution advisories provided by ACAS equipment, as will best avert a collision.

Converging

9

(1) Subject to paragraphs (2) and (3) and to rules 10 and 11, aircraft in the air must give way to other, converging aircraft as follows—

(a) flying machines must give way to airships, gliders and balloons;

(b) airships must give way to gliders and balloons;

(2) Mechanically driven aircraft must give way to aircraft which are towing other aircraft or objects.

(3) Subject to paragraph (2), when two aircraft are converging in the air at approximately the same altitude, the aircraft which has the other on its right must give way.

Approaching head-on

10

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

Overtaking

11

(1) Subject to paragraph (3), an aircraft which is being overtaken in the air has the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, must keep out of the way of the other aircraft by altering course to the right.

(2) An aircraft which is overtaking another aircraft must keep out of the way of the other aircraft until that other aircraft has been passed and is clear, notwithstanding any change in the relative positions of the two aircraft.

(3) A glider overtaking another glider in the Territory may alter its course to the right or to the left.

Flight in the vicinity of an aerodrome

12

(1) Subject to paragraph (2), a flying machine, glider or airship flying in the vicinity of what the pilot-in-command of the aircraft knows, or ought reasonably to know, to be an aerodrome must—

(a) conform to the pattern of traffic formed by other aircraft intending to land at that aerodrome or keep clear of the airspace in which the pattern is formed; and

(b) make all turns to the left unless ground signals otherwise indicate.

(2) Paragraph (1) does not apply if the air traffic control unit at that aerodrome authorises otherwise.

Order of landing

13

(1) An aircraft landing or on its final approach to land has the right-of-way over other aircraft in flight or on the ground or water.

(2) An aircraft must not cut in front of another aircraft on its final approach to land or overtake that aircraft.

(3) If an air traffic control unit has communicated to any aircraft an order of priority for landing, the aircraft must approach to land in that order.

(4) If the pilot-in-command of an aircraft is aware that another aircraft is making an emergency landing, that pilot must give way to that aircraft.

(5) If the pilot-in-command gives way in the circumstances referred to in paragraph (4) at night then, even if permission to land has previously been given, that pilot must not attempt to land until given further permission to do so.

(6) Subject to paragraphs (2), (3) and (4), if two or more flying machines, gliders or airships are approaching any place for the purpose of landing, the aircraft at the lower altitude has the right-of-way.

Landing and take-off

14

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

(2) Subject to paragraph (5), a flying machine or glider must not land on a runway at an aerodrome if there are other aircraft on the runway.

(3) If take-offs and landings are not confined to a runway—

(a) when landing a flying machine or glider must leave clear on its left any aircraft which has landed, is already landing or is about to take off;

(b) a flying machine or glider which is about to turn must turn to the left after the pilot-in-command of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and

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

(4) Subject to paragraph (5) a flying machine must move clear of the landing area as soon as it is possible to do so after landing.

(5) Paragraphs (2) and (4) do not apply if the air traffic control unit at the aerodrome authorises the flying machine or glider otherwise.

Aerobatic manoeuvres

15

An aircraft must not carry out any aerobatic manoeuvre—

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

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

Right-hand traffic rule

16

(1) Subject to paragraph (2), an aircraft which is flying within the Territory with the surface in sight and following a road, railway, canal or coastline, or any other line of landmarks, must keep them on its left.

(2) Paragraph (1) does not apply to an aircraft flying within controlled airspace in accordance with instructions given by the appropriate air traffic control unit.

Notification of arrival and departure

17

(1) If the pilot-in-command of an aircraft has caused notice of the intended arrival of the aircraft at an aerodrome to be given to the air traffic control unit or other authority at that aerodrome, that pilot must ensure that the unit or authority is informed as quickly as possible of—

(a) any change of intended destination; and

(b) any estimated delay in arrival of 45 minutes or more.

(2) The pilot-in-command of an aircraft arriving at or departing from an aerodrome in the Territory must take all reasonable steps to ensure, upon landing or prior to departure, as the case may be, that the person in charge of the aerodrome or the air traffic control unit or flight information service unit at the aerodrome is given notice of the landing or departure.

(3) A flight plan must be submitted prior to operating—

(a) any flight within or into designated areas, or along designated routes, when so required by the appropriate aeronautical authorities; or

(b) any flight across international borders.

Flight in Class A airspace

18

(1) Subject to paragraphs (2) and (3), the pilot-in-command of an aircraft flying in Visual Meteorological Conditions in Class A airspace must comply with rules 35, 36 and 37 as if the flight were an IFR flight.

(2) For the purposes of paragraph (1) rule 36(2) does not apply.

(3) Paragraph (1) does not apply to the pilot-in-command of a glider which is flying in Class A airspace which is notified for the purpose of this paragraph if the glider is flown in accordance with such conditions as may also be notified for that purpose.

Flight in Class C Airspace

19

(1) Subject to paragraphs (2) and (3) the pilot-in-command of an aircraft flying in Visual Meteorological Conditions in Class C airspace above flight level 195, or along a Class C ATS route at any level, must comply with rules 35, 36 and 37 as if the flight were an IFR flight.

(2) For the purposes of paragraph (1) rule 36(2) does not apply.

(3) Paragraph (1) does not apply to the pilot-in-command of an aircraft which is flying in accordance with an authorisation issued by the Governor.

Choice of VFR or IFR

20

(1) Subject to paragraph (2), an aircraft must always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules.

(2) In the Territory an aircraft flying at night must—

(a) be flown in accordance with the Instrument Flight Rules outside a control zone;

(b) be flown in accordance with the Instrument Flight Rules in a control zone unless it is flying on a special VFR flight.

Speed limitations

21

(1) Subject to paragraph (2), an aircraft must not fly below flight level 100 at a speed which, according to its air speed indicator, is more than 250 knots.

(2) Paragraph (1) does not apply to—

(a) flights in Class A airspace;

(b) VFR flights or IFR flights in Class B airspace;

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

(e) an aircraft taking part in a flying display for which a permission is required by article 69(1) of this Order, if the flight is made in accordance with the terms of the permission granted to the organiser of the flying display and in accordance with the conditions of the display authorisation granted to the pilot under article 69(8) of this Order;

(f) an aircraft flying in accordance with a written permission granted by the Governor authorising the aircraft to exceed the speed limit in paragraph (1).

(3) The Governor may grant a permission for the purpose of paragraph (2)(f) either generally or in respect of any aircraft or class of aircraft.

22

(1) Subject to paragraph (2), the pilot-in-command of an aircraft must not make use of any radio navigation aid without complying with such restrictions and procedures as may be notified in relation to that aid.

(2) The pilot-in-command of an aircraft is not required to comply with this rule if the pilot—

(a) is required to comply with rules 35 and 36; or

(b) is otherwise authorised by an air traffic control unit.

Simulated instrument flight

23

(1) An aircraft must not be flown in simulated instrument flight conditions unless the conditions in paragraph (2) are met.

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

(a) fully functioning dual controls are installed in the aircraft;

(b) a qualified pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions; and

(c) if the safety pilot’s field of vision is not adequate, a competent observer in communication with the safety pilot must occupy a position in the aircraft from which that person’s field of vision adequately supplements that of the safety pilot.

Practice instrument approaches

24

(1) An aircraft must not carry out an instrument approach practice within the Territory if it is flying in Visual Meteorological Conditions unless the conditions in paragraph (2) are met.

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

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

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

SECTION 5 — VISUAL FLIGHT RULES

Applicability of the Visual Flight Rules

25

(1) Rules 27, 29 and 30 are the Visual Flight Rules which apply within controlled airspace.

(2) Rule 28 is the Visual Flight Rule which applies outside controlled airspace.

Reported visibility

26

For the purposes of an aircraft taking off from or approaching to land at an aerodrome within Class B, Class C, or Class D airspace, the visibility, if any, communicated to the pilot-in-command of the aircraft by the appropriate air traffic control unit is deemed to be the flight visibility for the time being.

Flight within controlled airspace

27

(1) Subject to paragraphs (2) and (3), an aircraft flying within Class B, Class C, Class D or Class E airspace—

(a) at or above flight level 100 must remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km;

(b) below flight level 100 must remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km.

(2) An aircraft is deemed to have complied with paragraph (1)(b) if—

(a) the aircraft is not a helicopter and it—

(i) flies at or below 3,000 feet above mean sea level;

(ii) flies at a speed which, according to its airspeed indicator, is 140 knots or less; and

(iii) remains clear of cloud, with the surface in sight and in a flight visibility of at least 5 km; or

(b) the aircraft is a helicopter and it—

(i) flies at or below 3,000 feet above mean sea level; and

(ii) remains clear of cloud, with the surface in sight and in a flight visibility of at least 1,500 metres.

(3) Paragraph (1) does not apply to a helicopter that is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

Flight outside controlled airspace

28

(1) An aircraft flying outside controlled airspace at or above flight level 100 must remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km.

(2) Subject to paragraphs (3), (4) and (5), an aircraft flying outside controlled airspace below flight level 100 must remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km.

(3) Paragraph (2) does not apply to an aircraft which—

(a) flies at or below 3,000 feet above mean sea level;

(b) remains clear of cloud with the surface in sight; and

(4) Paragraph (2) does not apply to an aircraft which—

(a) flies at or below 3,000 feet above mean sea level;

(b) flies at a speed which, according to its air speed indicator, is 140 knots or less;

(d) is in a flight visibility of at least 1,500 metres.

(5) Paragraphs (1) and (2) do not apply to a helicopter which is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

VFR flight plan and air traffic control clearance in Class B, Class C or Class D airspace

29

(1) Subject to rule 31, before an aircraft flies within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the pilot-in-command of the aircraft must—

(a) cause to be communicated to the appropriate air traffic control unit a flight plan which complies with paragraphs (2) and (3) (as appropriate); and

(b) obtain an air traffic control clearance to fly within that airspace.

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

(3) The flight plan required for a flight within Territory with reduced vertical separation minimum airspace must also state whether or not the aircraft is equipped with height keeping systems, as required by articles 89, 90 or 91 of this Order.

(4) The pilot-in-command of an aircraft must not cause a flight plan to be communicated to the appropriate air traffic control unit for VFR flight in Class C airspace above FL195 or along a Class C ATS route at any level unless authorised to do so by the Governor.

Maintaining continuous watch and complying with air traffic control instructions

30

(1) Subject to rule 31, whilst flying within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the pilot-in-command of an aircraft must—

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

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

Exceptions to rules 29 and 30

31

(1) Rule 29 does not apply if the aircraft has been authorised otherwise by the appropriate air traffic control unit.

(2) Rules 29(1) and 30 do not apply to any glider flying or intending to fly in Class B airspace notified for the purpose of this paragraph.

(3) Rules 29(1) and 30 do not apply to any glider which—

(a) flies during the day;

(b) is in controlled airspace notified for the purpose of this paragraph; and

(c) remains at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km.

(4) Rules 29(1) and 30 do not apply to any mechanically driven aircraft without radio equipment if—

(a) it flies during the day;

(b) it is in controlled airspace notified for the purpose of this paragraph;

(c) it remains at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km; and

(d) its pilot-in-command has previously obtained the permission of the appropriate air traffic control unit to fly within the controlled airspace.

SECTION 6 — INSTRUMENT FLIGHT RULES

Instrument Flight Rules

32

(1) Rules 33 and 34 are the Instrument Flight Rules which apply both within and outside controlled airspace.

(2) Rules 35, 36 and 37 are the Instrument Flight Rules which apply outside controlled airspace.

Minimum height

33

(1) Subject to paragraphs (2) and (3), an aircraft must not fly at a height of less than 1,000 feet above the highest obstacle within a distance of 5 nautical miles of the aircraft unless—

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

(b) the aircraft flies on a route notified for the purposes of this rule;

(c) the aircraft has been otherwise authorised by the competent authority in relation to the area over which the aircraft is flying; or

(d) the aircraft flies at an altitude not exceeding 3,000 feet above mean sea level and remains clear of cloud and with the surface in sight and in a flight visibility of at least 800 metres.

(2) The aircraft must comply with rule 5.

(3) Paragraph (1) does not apply to a helicopter that is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

Quadrantal rule and semi-circular rule

34

(1) Subject to paragraphs (2) and (3), an aircraft in level flight above 3,000 feet above mean sea level or above the appropriate transition altitude, whichever is the higher, must be flown at a level appropriate to its magnetic track, in accordance with Table 1 or Table 2, as appropriate.

(2) For the purposes of paragraph (1), the level of flight must be measured by an altimeter set—

(a) in the case of a flight over the Territory, to a pressure setting of 1013.2 hectopascals; or

(b) in the case of any other flight, according to the system published by the competent authority in relation to the area over which the aircraft is flying.

(3) An aircraft may be flown at a level other than the level required by paragraph (1) if it flies—

(a) in conformity with instructions given by an air traffic control unit;

(b) in accordance with notified en-route holding patterns; or

(4) For the purposes of this rule “transition altitude” means the altitude which is notified in relation to flights over notified areas.

Magnetic Track	Cruising Level
Less than 90°	Odd thousands of feet
90° but less than 180°	Odd thousands of feet + 500 feet
180° but less than 270°	Even thousands of feet
270° but less than 360°	Even thousands of feet + 500 feet
Magnetic Track	Cruising Level
---	---
Less than 180°	21,000 feet
	23,000 feet
	25,000 feet
	27,000 feet
	29,000 feet
	31,000 feet
	33,000 feet
	35,000 feet
	37,000 feet
	39,000 feet
	41,000 feet or higher levels at intervals of 4,000 feet
180° but less than 360°	20,000 feet
	22,000 feet
	24,000 feet
	26,000 feet
	28,000 feet
	30,000 feet
	32,000 feet
	34,000 feet
	36,000 feet
	38,000 feet
	40,000 feet
	43,000 feet or higher levels at intervals of 4,000 feet

Flight plan and air traffic control clearance

35

(1) Before an aircraft either takes off from a point within any controlled airspace or otherwise flies within any controlled airspace the pilot-in-command of the aircraft must—

(a) send or transmit a flight plan complying with paragraph (2) to the appropriate air traffic control unit; and

(b) obtain an air traffic control clearance based on that flight plan.

(2) The flight plan must—

(a) contain such particulars of the intended flight as may be necessary to enable the air traffic control unit to issue an air traffic control clearance and for search and rescue purposes; and

(b) for a flight within Territory reduced vertical separation minimum airspace, also state whether or not the aircraft is equipped with height keeping systems as required by articles 92 or 93 of this Order.

(3) Unless the pilot in command of the aircraft has requested the appropriate air traffic control unit to cancel the flight plan, that pilot must inform that unit immediately the aircraft lands within or leaves the controlled airspace.

Compliance with air traffic control clearance and notified procedures

36

(1) Subject to paragraph (2), the pilot-in-command of the aircraft must fly in conformity with—

(a) the air traffic control clearance issued for the flight, as amended by any further instructions given by an air traffic control unit; and, unless he is authorised otherwise by the appropriate air traffic control unit;

(b) the instrument departure procedures notified in relation to the aerodrome of departure; and

(2) The pilot-in-command of the aircraft is not required to comply with paragraph (1) if—

(a) the flight can be conducted in uninterrupted Visual Meteorological Conditions while in controlled airspace; and

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

(3) If any deviation is made from the provisions of paragraph (2) for the purpose of avoiding immediate danger the pilot-in-command of the aircraft must inform the appropriate air traffic control unit of the deviation as soon as possible.

Position reports

37

The pilot-in-command of an aircraft in IFR flight who flies in or is intending to enter controlled airspace must report to the appropriate air traffic control unit the time, position and level of the aircraft at such reporting points or at such intervals of time as may be notified for this purpose or as may be directed by the air traffic control unit.

SECTION 7 — AERODROME TRAFFIC RULES

Application of aerodrome traffic rules

38

(1) The rules in this Section which expressly apply to flying machines must also be observed, so far as is practicable, by all other aircraft.

Visual signals

39

(1) Subject to paragraph (2), the pilot-in-command of a flying machine on, or in the pattern of traffic flying at, an aerodrome must—

(a) observe such visual signals as may be displayed at or directed to that pilot from the aerodrome by the authority of the person in charge of the aerodrome; and

(b) obey any instructions which may be given by means of such signals.

(2) The pilot-in-command of a flying machine is not required to obey such signals if it is inadvisable to do so in the interests of safety.

Movement of aircraft on aerodromes

40

An aircraft must not taxi or air-taxi on the apron or the manoeuvring area of an aerodrome without the permission of either—

(a) the person in charge of the aerodrome; or

(b) the air traffic control unit or aerodrome flight information service unit notified as being on watch at the aerodrome.

Access to and movement of persons and vehicles on aerodromes

41

(1) Unless there is a public right of way over it, a person or vehicle must—

(a) not go onto any part of an aerodrome without the permission of the person in charge of that part of the aerodrome; and

(b) comply with any conditions subject to which that permission may be granted.

(2) A person or vehicle must—

(a) not go onto or move on the manoeuvring area of an aerodrome which has an air traffic control unit or an aerodrome flight information service unit without the permission of that unit; and

(b) comply with any conditions subject to which that permission may be granted.

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

Right of way on the ground

42

(1) This rule applies to flying machines and vehicles on any part of a land aerodrome provided for the use of aircraft.

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The Air Navigation (Overseas Territories) Order 2013

Offences in relation to documents and records

173

PART 21 — OCCURRENCE REPORTING

Mandatory occurrence reporting

174

Mandatory reporting of bird strikes

175

PART 22 — PROHIBITED BEHAVIOUR, OFFENCES AND PENALTIES

Endangering safety of aircraft

176

Endangering safety of any person or property

177

Drunkenness in aircraft

178

Smoking in aircraft

179

Authority of pilot-in-command and members of the crew of an aircraft

180

Acting in a disruptive manner

181

Obstruction of persons

182

Enforcement of directions

183

Stowaways

184

Penalties

185

PART 23 — APPLICABILITY AND GENERAL PROVISIONS

Flights over any foreign country

186

Application of Order

187

Extra-territorial effect of the Order

188

Application of the Order to Territory-controlled aircraft not registered in the Territory

189

Application of the Order to the Crown and visiting forces etc.

190

Exceptions for certain classes of aircraft

191

Approval for persons to furnish reports

192

Appeal to Supreme Court

193

Saving

194

PART 24 — INTERPRETATION OF COMMERCIAL AIR TRANSPORT

Commercial air transport – general rules

195

Commercial air transport – exception for flying displays etc.

196

Commercial air transport – exception for charity flights

197

Commercial air transport – exception for cost sharing

198

Commercial air transport – exception for recovery of direct costs

199

Commercial air transport – exception for jointly owned aircraft

200

Commercial air transport and aerial work – carriage of persons

201

Commercial air transport and aerial work – parachuting

202

SCHEDULE 1 — ORDERS REVOKED

SCHEDULE 2 — CLASSIFICATION OF AIRCRAFT

SCHEDULE 3 — LICENCES

MINIMUM AGE, PERIOD OF VALIDITY, PRIVILEGES — AEROPLANE PILOTS

Private Pilot’s Licence (Aeroplanes)

Commercial Pilot’s Licence (Aeroplanes)

Airline Transport Pilot’s Licence (Aeroplanes)

HELICOPTER AND GYROPLANE PILOTS

Private Pilot’s Licence (Helicopters)

Private Pilot’s Licence (Gyroplanes)

Commercial Pilot’s Licence (Helicopters and Gyroplanes)

Airline Transport Pilot’s Licence (Helicopters and Gyroplanes)

BALLOON AND AIRSHIP PILOTS

Private Pilot’s Licence (Balloons and Airships)

Commercial Pilot’s Licence (Balloons)