The Air Navigation (Overseas Territories) Order 2007

Issue, re-issue etc of permits to fly

9.—(1) The Governor may issue in respect of any aircraft a permit to fly if he 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 Governor may refuse to issue a permit to fly in respect of an aircraft if it appears to him that the aircraft is eligible for and ought to fly under and in accordance with a certificate of airworthiness.

(3) An aircraft flying in accordance with a permit to fly shall not fly for the purpose of commercial air transport or aerial work but may be flown for the purpose of flying displays, associated practice, test, modification approval and positioning flights or for the exhibition or demonstration of the aircraft.

(4) With the permission of the Governor, an aircraft flying in accordance with a permit to fly may fly for the purpose of aerial work which consists of the giving of instruction in flying or the conduct of flying tests.

(5) No person shall be carried during flights under a permit to fly except the minimum flight crew unless the prior permission of the Governor has been obtained.

(6) A permit to fly issued in respect of an aircraft ceases to be in force—

(a) if any conditions associated with the permit are not complied with;

(b) until the completion of any inspection, modification or maintenance of the aircraft or any of its equipment, required for ascertaining whether the aircraft remains airworthy and—

(i) classified as mandatory by the Governor; or

(ii) required as a condition of the permit to fly;

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

(7) The Governor may impose a condition that a placard shall be affixed to any aircraft, flying in accordance with a permit to fly, in full view of the occupants, which shall be worded as follows—

“Occupant Warning – This aircraft has not been certificated to internationally accepted certification standards”

(8) An aircraft flying in accordance with a permit to fly shall only be flown in accordance with such conditions specified by the Governor as shall be appropriate having regard to all of the circumstances.

(9) Nothing in this Order shall oblige the Governor to accept an application for the issue, variation or renewal of a permit to fly when the application is not supported by such reports from such authorised or approved persons as the Governor may specify (either generally or in a particular case or class of cases).