The Air Navigation (Isle of Man) Order 2015

Made: 19th March 2015

Coming into force: 1st May 2015

At the Court at Buckingham Palace, the 19th day of March 2015Present,The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 60 and 61 of the Civil Aviation Act 1982[^f00001], is pleased, by and with the advice of Her Privy Council, to make the following Order:

Citation and commencement

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This Order may be cited as the Air Navigation (Isle of Man) Order 2015 and comes into force on 1st May 2015.

Revocation

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The following Orders are revoked—

• (a) the Air Navigation (Isle of Man) Order 2007[^f00002];

• (b) the Air Navigation (Isle of Man) (Amendment) Order 2008[^f00003].

PART 1 — Registration and marking of aircraft

Aircraft to be registered

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• (1) Subject to paragraphs (2) and (3), an aircraft must not fly in or over the Isle of Man unless it is registered in—

• (a) some part of the Commonwealth;

• (b) a Contracting State; or

• (c) some other country in relation to which there is in force an agreement between Her Majesty’s Government in the United Kingdom and the Government of that country that makes provision for the flight over the Isle of Man of aircraft registered in that country.

• (2) A glider may fly unregistered, and will be taken to be registered in the Isle of Man for the purposes of articles 32, 34 and 39 on a flight that—

• (a) begins and ends in the Isle of Man without passing over any other country; and

• (b) is not for the purpose of commercial air transport or aerial work.

• (3) Paragraph (1) does not apply to a kite or captive balloon.

• (4) If an aircraft flies in or over the Isle of Man in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the Isle of Man an offence in respect of a contravention of a provision specified in Schedule 11 would have been committed, that same offence is to be taken to have been committed in respect of that aircraft.

Department to register aircraft in the Isle of Man

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Who may register aircraft in the Isle of Man

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Application for registration

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Changes to the register

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Aircraft that are entered in the Register of Aircraft Mortgages

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General provisions concerning registration

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Nationality and registration marks

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PART 2 — Operations and operational directives

Prohibition of use for commercial air transport or aerial work

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Except in the case of a transfer of functions under Article 83 of the Chicago Convention, an aircraft registered in the Isle of Man prior to the date of the coming into operation of the Civil Aviation (Aircraft Registration and Marking) Order 2022 (SD 2022/0073) must not fly on a flight for the purpose of commercial air transport or aerial work.

Offering commercial air transport flights

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A person must not hold anyone out (whether the person who is being held out is the same person as the one who is holding out or is another person) as being one who may offer flights in an aircraft registered in the Isle of Man for the purpose of commercial air transport.

Operational directives

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Passenger and cargo manifest

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• (1) This article applies to an aircraft registered in the Isle of Man for which a certificate of airworthiness is in force and that is used for international air navigation.

• (2) The commander of an aircraft to which this article applies must ensure that the following manifests are completed and carried on board-

• (a) if passengers are carried, a passenger manifest containing the passengers’ names, and their places of embarkation and disembarkation; and

• (b) if cargo is carried, a cargo manifest containing detailed declarations of the cargo.

• (3) A copy of each of these documents, where prepared, must be left at the aerodrome of departure.

PART 3 — Airworthiness of aircraft

Certificate of airworthiness to be in force

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• (1) Subject to paragraph (2), an aircraft must not fly unless –

• (a) there is in force for the aircraft a certificate of airworthiness issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; and

• (b) any conditions subject to which the certificate was issued or rendered valid are complied with.

• (2) The prohibition in paragraph (1) does not apply to flights, beginning and ending in the Isle of Man without passing over any other country, of —

• (a) a glider flying on a private flight or an aerial work flight that consists of the giving of instruction or testing in a club environment;

• (b) a balloon flying on a private flight;

• (c) a kite;

• (d) an aircraft flying in accordance with the conditions set out in Schedule 1;

• (e) an aircraft flying in accordance with a national permit to fly;

• (f) an aircraft flying in accordance with a certificate of validation issued by the Department under article 21; or

• (g) a single-seat deregulated aeroplane which is flying on a private flight.

• (3) An aircraft registered in the Isle of Man with a certificate of airworthiness must not fly otherwise than in accordance with any conditions or limitations contained in its flight manual unless otherwise permitted by the Department.

Issue and renewal of certificates of airworthiness

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• (1) Subject to paragraph (2), the Department must issue for an aircraft registered in the Isle of Man a certificate of airworthiness if it is satisfied that the aircraft is fit to fly having regard to—

• (a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted in the aircraft), and of any equipment carried in the aircraft that it considers necessary for the airworthiness of the aircraft; and

• (b) the results of flying trials and such other tests of the aircraft as it may require.

• (2) If the Department has issued a certificate of airworthiness for an aircraft that, in its opinion, is a prototype aircraft or a modification of a prototype aircraft, it may dispense with flying trials in the case of any other aircraft if it is satisfied that the other aircraft conforms to such prototype or modification.

• (3) A certificate of airworthiness must —

• (a) specify the category “Private”; and

• (b) be issued subject to the condition that the aircraft may not be flown except for the purposes (which may not include commercial air transport or aerial work) specified in the certificate.

• (4) The Department may issue a certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as it thinks fit.

• (5) The Department may issue a certificate of validation.

• (6) Nothing in this Order obliges the Department to accept an application for the issue of a certificate of airworthiness or certificate of validation or for the variation or renewal of such a certificate if the application is not supported by a report from a person approved under article 158 as the Department may specify, either generally or in a particular case or class of case.

• (7) In this article, a certificate of validation means a certificate rendering valid for the purposes of this Order a certificate of airworthiness issued for an aircraft registered elsewhere than in the Isle of Man under the law of a country other than the Isle of Man.

Certificate of airworthiness ceasing to be in force and issue of airworthiness directives

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• (1) Subject to paragraph (3), a certificate of airworthiness or a certificate of validation issued for an aircraft registered in the Isle of Man ceases to be in force if—

• (a) the aircraft or a part of it or such of its equipment as is necessary for its airworthiness has been overhauled, repaired, replaced, modified or maintained;

• (b) maintenance or an inspection of the aircraft or of equipment necessary for its airworthiness is required by a maintenance programme approved by the Department for the aircraft under article 22;

• (c) maintenance of the aircraft or of equipment necessary for its airworthiness has been made mandatory by a directive issued by the Department;

• (d) an inspection for the purpose of ascertaining whether the aircraft remains airworthy has been made mandatory by a directive issued by the Department; or

• (e) any modification of the aircraft or of any equipment is necessary for its airworthiness has been made mandatory by a directive issued by the Department for the purpose of ensuring that the aircraft remains airworthy.

• (2) A certificate of airworthiness or a certificate of validation that has ceased to be in force under paragraph (1) becomes valid again on the issue of a certificate of release to service under this Order relating to the overhaul, repair, replacement, modification, maintenance or inspection.

• (3) A certificate of airworthiness that would not be in force by reason of paragraph (1) remains in force if the aircraft is flying in the circumstances specified in article 24(3) or 25.

• (4) In this article, a certificate of validation has the same meaning as in article 16(7).

Issue of national permits to fly

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• (1) Subject to paragraph (2), the Department must issue for an aircraft registered in the Isle of Man a national permit to fly if it is satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.

• (2) The Department must refuse to issue a national permit to fly for an aircraft registered in the Isle of Man if it appears to the Department that the aircraft is eligible for, and ought to fly under and in accordance with, a certificate of airworthiness.

• (3) The Department may issue a national permit to fly subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.

• (4) Nothing in this Order requires the Department to accept an application for the issue, variation or renewal of a national permit to fly if the application is not supported by a report from a person approved under article 158 as the Department may specify, either generally or in a particular case or class of cases.

National permits to fly ceasing to be in force and issue of airworthiness directives for permit aircraft

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• (1) A national permit to fly ceases to be in force if—

• (a) the Department has issued a directive that requires—

• (i) an inspection to be carried out for the purpose of ascertaining whether the aircraft remains airworthy; or

• (ii) modification or maintenance of the aircraft or any of its equipment necessary for its airworthiness for the purpose of ensuring that the aircraft remains airworthy; or

• (b) completion of an inspection, modification or maintenance of the aircraft is required as a condition of the permit to fly.

• (2) A national permit to fly that has ceased to be in force under paragraph (1) comes into force again as soon as—

• (a) any such inspection, modification or maintenance has been satisfactorily completed; and

• (b) in the case of an inspection, any consequential repair, replacement or modification has been satisfactorily carried out.

• (3) A national permit to fly ceases to be in force—

• (a) if any condition (other than a condition of the permit requiring an inspection, modification or maintenance) is not complied with;

• (b) if the aircraft, engines or propellers, or such of its equipment as is necessary for its airworthiness are modified or repaired, unless the repair or modification has been approved by the Department or by a person approved by the Department for that purpose.

• (4) A national permit to fly is not in force unless the permit includes a current certificate of validity issued by the Department or by a person approved by the Department for that purpose.

• (5) In this article a certificate of validity means a certificate that certifies that a national permit to fly remains valid for the period specified in the certificate and a certificate of validity is current during that period.

Limitations of national permits to fly

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• (1) Subject to paragraph (3), an aircraft flying in accordance with a national permit to fly must not fly for the purpose of—

• (a) commercial air transport; or

• (b) aerial work other than aerial work that consists of flights for flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

• (2) A person may not be carried during flights for flying displays or demonstration flying (except for the minimum required flight crew), unless the prior permission of the Department has been obtained.

• (3) An aircraft flying in accordance with a national permit to fly may fly for aerial work that consists of instruction or testing in a club environment if it does so with the permission of the Department.

• (4) A placard must be affixed to an aircraft flying in accordance with a national permit to fly in full view of the occupants that must be worded as follows—

• (5) An aircraft flying in accordance with a national permit to fly may only be flown by day and in accordance with the Visual Flight Rules unless the prior permission of the Department has been obtained.

• (6) In paragraph (5) “day” means the time from half an hour before sunrise until half an hour after sunset, with sunset and sunrise being determined at surface level.

Issue and validity of certificates of validation of permits to fly or equivalent documents

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• (1) In this article, a certificate of validation means a certificate authorising an aircraft registered elsewhere than in the Isle of Man to fly in or over the Isle of Man.

• (2) The Department must issue a certificate of validation if it is satisfied that the aircraft has a permit to fly or equivalent document issued or validated by the competent authority of the country in which the aircraft is registered and the authority applies standards that are substantially equivalent to those required for the issue of a permit to fly by the Department.

• (3) An aircraft flying in accordance with a certificate of validation must not fly for the purpose of —

• (a) commercial air transport; or

• (b) aerial work other than aerial work that consists of flights for flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

• (4) The Department may issue a certificate of validation subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.

Requirement for an approved maintenance programme

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• (1) An aircraft registered in the Isle of Man for which a certificate of airworthiness is in force must not fly unless the aircraft (including its engines), together with its equipment and radio station, is maintained in accordance with a maintenance programme approved by the Department for that aircraft.

• (2) The design and application of the maintenance programme must observe Human Factors principles as specified in any guidance material published by the Department.

• (3) The operator of an aircraft registered in the Isle of Man and which has a maximum total mass authorised in excess of 5,700 kg must ensure that the information resulting from the maintenance and operational experience with respect to its continuing airworthiness is transmitted to the organisation responsible for the type design of the aircraft.

Technical log

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Requirement for a certificate of release to service for aircraft

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• (1) This article applies to an aircraft registered in the Isle of Man that has a certificate of airworthiness.

• (2) Subject to paragraph (3) and article 25, if an aircraft or a part of it or such of its equipment as is necessary for its airworthiness has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 17(1)(b) or (d), it must not be flown unless there is in force for it a certificate of release to service issued under and in accordance with this Order.

• (3) If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at a place where it is not reasonably practicable—

• (a) for the repair or replacement to be carried out in such a manner that a certificate of release to service under this Order can be issued; or

• (b) for such a certificate to be issued while the aircraft is at that place,

it may fly to a place that satisfies each of the criteria in paragraph (5).

• (4) If the aircraft flies in the circumstances referred to in paragraph (3), the commander of the aircraft must cause written information about the flight, and the reasons for making it, to be given to the Department within 10 days.

• (5) A place satisfies the criteria in this paragraph if it is—

• (a) the nearest place at which a certificate of release to service under this Order can be issued;

• (b) a place to which the aircraft can, in the reasonable opinion of the commander, safely fly by a route for which it is properly equipped; and

• (c) a place to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board.

• (6) Subject to paragraph (8), equipment provided in compliance with Schedule 3 (except equipment specified in paragraph 4 of the Schedule) must not be installed or placed on board for use in an aircraft after being overhauled, repaired, modified or inspected.