The Air Navigation (Overseas Territories) Order 2007

Commercial air transport - helicopters - operating conditions and performance requirements

73.—(1) Without prejudice to the provisions of article 41, a helicopter registered in the Territory shall not fly for the purpose of commercial air transport unless such requirements as may be specified and contained in the flight manual—

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

(b) flight in specified meteorological conditions; and

(c) for flight at night;

are complied with.

(2) In the event the flight manual of a helicopter registered in the Territory does not specify requirements—

(a) in respect of the weight and related performance of the helicopter;

(b) for flight in all types of meteorological conditions; or

(c) for flight at night;

it shall not fly for the purpose of commercial air transport otherwise than in accordance with—

(d) such requirements as are so specified; and

(e) such instructions as may be given by the Governor to the operator of the helicopter based upon such data as may have been provided to him by that operator.

(3) A helicopter need not comply with paragraphs (1) and (2) if it is flying under and in accordance with an approval granted to the operator by the Governor under paragraph (4).

(4) The Governor may grant to the operator in respect of any helicopter an approval authorising it to comply with alternative performance standards appropriate to the helicopter and specified in the approval.

(5) Except as provided in paragraph (6), and except as may be necessary for the purpose of take-off or landing, a helicopter registered in the Territory when flying over water for the purpose of commercial air transport shall fly at such an altitude as would enable the helicopter—

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

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

to reach a place at which it can safely land at a height sufficient to enable it to do so.

(6) A helicopter carrying out Performance Class 3 operations—

(a) shall not fly over water for the purpose of commercial air transport in the specified circumstances unless it is equipped with the required apparatus;

(b) which is equipped with the required apparatus and which is flying under and in accordance with the terms of an air operator’s certificate granted under article 64 shall not fly in the specified circumstances except in accordance with any additional requirements specified by the Governor in relation to its equipment;

(c) which is equipped with the required apparatus and which is flying under and in accordance with the terms of a police air operator’s certificate—

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

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

(7) For the purposes of paragraph (6) flying time shall be calculated at normal cruising speed.

(8) A helicopter carrying out Performance Class 1 or Performance Class 2 operations—

(a) which is flying under and in accordance with the terms of an air operator’s certificate granted under article 64 shall not fly over water for the purpose of commercial air transport for more than 15 minutes during any flight unless it is equipped with the required apparatus;

(b) which is not equipped with the required apparatus and which is flying under and in accordance with the terms of a police air operator’s certificate on which any passenger is carried who is not a permitted passenger, shall not fly over any water on any flight for more than 15 minutes.

(9) A helicopter specified in its flight manual as being in either Group A or Category A may fly for the purpose of commercial air transport in accordance with the weight and related performance requirements specified for helicopters carrying out—

(a) Performance Class 2 operations if—

(i) the maximum total weight authorised of the helicopter is less than 5700 kg; and

(ii) the total number of passengers carried on the helicopter does not exceed 15; or

(b) Performance Class 3 operations if—

(i) the maximum total weight authorised of the helicopter is less than 3175 kg; and

(ii) the total number of passengers carried does not exceed 9.

(10) For the purposes of this article—

(a) “permitted passenger” means—

(i) a police officer;

(ii) an employee of a police authority;

(iii) a medical attendant;

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

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

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

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