The Air Navigation (Overseas Territories) Order 2007

Article 16(2)

SCHEDULE 5 RADIO COMMUNICATION AND RADIO NAVIGATION EQUIPMENT TO BE CARRIED IN AIRCRAFT

1.  Subject to paragraph 3, every aircraft shall be provided, when flying in the circumstances specified in the first column of the Table in paragraph 2 of this Schedule, with the scales of equipment respectively indicated in the second column of that Table; provided that, if the aircraft is flying in a combination of such circumstances the scales of equipment shall not on that account be required to be duplicated.

2.  Table

Aircraft and Circumstances of Flight	Scale of Equipment Required
	A	B	C	D	E	F	G	H	J
(1) All aircraft (other than gliders) within the Territory—
(a) when flying under Instrument Flight Rules within controlled airspace	A				E1	F
(b) when flying within controlled airspace	A
(c) when making an approach to landing at an aerodrome notified for the purpose of this sub-paragraph							G
(d) when flying for the purpose of commercial air transport					E1
(2) All aircraft within the Territory—
(a) when flying at or above flight level 245	A
(b) when flying within airspace notified for the purposes of this sub paragraph	A
(3) All aircraft (other than gliders) within the Territory—
(a) when flying at or above flight level 245					E1	F
(b) when flying within airspace notified for the purposes of this sub-paragraph					E1
(c) when flying at or above flight level 100					E1
(4) When flying under Instrument Flight Rules within airspace notified for the purposes of this paragraph—
(a) all aeroplanes having a maximum take-off weight authorised not exceeding 5,700 kg and a maximum cruising true airspeed capability not exceeding 250 knots					E2
(b) all rotorcraft					E2
(c) all aeroplanes having either a maximum take-off weight authorised of more than 5,700 kg or a maximum cruising true airspeed capability of more than 250 knots					E3
(d) all aircraft required to carry Scale E2 or E3					EE
(5) All aircraft (other than gliders) registered in the Territory, wherever they may be—
(a) when flying for the purpose of commercial air transport under Instrument Flight Rules—
(i) while making an approach to landing	A		C	D				H
(ii) on all other occasions	A		C					H
(b) when flying for the purpose of commercial air transport					E1
(c) multi-engined aircraft when flying for the purpose of commercial air transport under Visual Flight Rules	A							H
(d) single-engined aircraft when flying for the purpose of commercial air transport under Visual Flight Rules—
(i) over a route on which navigation is effected solely by visual reference to landmarks	A
(ii) on all other occasions	A	B
(e) when flying under Instrument Flight Rules and not required to comply with paragraph (5)(a) above	A
(6) All aeroplanes registered in the Territory, wherever they may be, and all aeroplanes wherever registered when flying in the Territory, powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off weight exceeding 15,000 kg or with a maximum approved passenger seating configuration of more than 30									J
(7) All aeroplanes powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off weight exceeding 5,700 kg or a maximum approved passenger seating configuration of more than 19; and—
(a) registered in the Territory and flying for the purpose of commercial air transport; or									J
(b) registered in the Territory and flying within the airspace of the member states of the European Civil Aviation Conference; or									J
(c) flying in the Territory									J

3.—(1) In the case of sub-paragraphs (1), (2), (3), (4)(a), (4)(c) and (5)(e) of paragraph 2, the specified equipment need not be carried if the appropriate air traffic control unit otherwise permits in relation to the particular flight and the aircraft complies with any instructions which the air traffic control unit may give in the particular case.

(2) An aircraft which is not a commercial air transport aircraft and which is flying in Class D or Class E airspace shall not be required to be provided with distance measuring equipment in accordance with paragraph (b) of Scale F when flying in the circumstances specified in sub-paragraph (1)(a) of paragraph 2.

4.  The scales of radio communication and radio navigation equipment indicated in the foregoing Table shall be as follows—

• Scale A

  Radio communication equipment capable of maintaining direct two-way communication with the appropriate air traffic control units on the intended route using the frequencies notified or otherwise designated by the competent authority for that purpose.

• Scale B

  Radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including such equipment as may be prescribed.

• Scale C

  Radio communication equipment capable of receiving from the appropriate aeronautical radio stations meteorological broadcasts relevant to the intended flight.

• Scale D

  Radio navigation equipment capable of receiving signals from one or more aeronautical radio stations on the surface to enable the aircraft to be guided to a point from which a visual landing can be made at the aerodrome at which the aircraft is to land.

• Scale E1

  Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

• Scale E2

  Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and has the capability and functionality prescribed for Mode S Elementary Surveillance and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

• Scale E3

  Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and has the capability and functionality prescribed for Mode S Enhanced Surveillance and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

• Scale EE

  The aircraft shall, in the circumstances specified in paragraph 2.1.5.3 of Volume IV (Third Edition July 2002) of Annex 10 to the Chicago Convention, comply with the requirements for antenna diversity set out in that paragraph.

• Scale F

  Radio communication and radio navigation equipment capable of enabling the aircraft to be navigated along the intended route including—

  (a)

  automatic direction finding equipment;

  (b)

  distance measuring equipment; and

  (c)

  VHF omni-range equipment.

• Scale G

  Radio navigation equipment capable of enabling the aircraft to make an approach to landing using the Instrument Landing System.

• Scale H

  (1)

  Subject to paragraphs (2) and (3), radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including—

  (a)

  automatic direction finding equipment;

  (b)

  distance measuring equipment;

  (c)

  duplicated VHF omni-range equipment; and

  (d)

  a 75 MHz marker beacon receiver.

  (2)

  An aircraft may fly notwithstanding that it does not carry the equipment specified in this Scale if it carries alternative radio navigation equipment or navigational equipment approved in accordance with article 16(2).

  (3)

  Where not more than one item of equipment specified in this Scale is unserviceable when the aircraft is about to begin a flight, the aircraft may nevertheless take off on that flight if—

  (a)

  it is not reasonably practicable for the repair or replacement of that item to be carried out before the beginning of the flight;

  (b)

  the aircraft has not made more than one flight since the item was last serviceable; and

  (c)

  the commander of the aircraft has satisfied himself that, taking into account the latest information available as to the route and aerodrome to be used (including any planned diversion) and the weather conditions likely to be encountered, the flight can be made safely and in accordance with any relevant requirements of the appropriate air traffic control unit.

• Scale J

  An airborne collision avoidance system.

5.  In this Schedule—

(1) “Airborne collision avoidance system” means an aeroplane system which conforms to requirements prescribed for the purpose; is based on secondary surveillance radar transponder signals; operates independently of ground based equipment and which is designed to provide advice and appropriate avoidance manoeuvres to the pilot in relation to other aeroplanes which are equipped with secondary surveillance radar and are in undue proximity;

(2) “Automatic direction finding equipment” means radio navigation equipment which automatically indicates the bearing of any radio station transmitting the signals received by such equipment;

(3) “Distance measuring equipment” means radio equipment capable of providing a continuous indication of the aircraft’s distance from the appropriate aeronautical radio stations;

(4) “Mode A” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for identity and surveillance with identity provided in the form of a 4 digit identity code;

(5) “Mode C” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for automatic pressure-altitude transmission and surveillance;

(6) “Secondary surveillance radar equipment” means such type of radio equipment as may be notified as being capable of—

(a) replying to an interrogation from secondary surveillance radar units on the surface; and

(b) being operated in accordance with such instructions as may be given to the aircraft by the appropriate air traffic control unit;

(7) “VHF omni-range equipment” means radio navigation equipment capable of giving visual indications of bearings of the aircraft by means of signals received from very high frequency omni-directional radio ranges.

(8) For the purposes of paragraphs 3 and 4 of this schedule, the prescribed requirements for an airborne collision avoidance system shall be the requirements for ACAS II equipment set out in Volume IV, Chapter 4, of Annex 10 (Third Edition) to the Chicago Convention.

(9) For the purposes of paragraph 3 of this schedule, the capability and functionality prescribed for Mode S Elementary Surveillance and Mode S Enhanced Surveillance shall be that specified for a level 2 transponder in Volumes III (First Edition) and IV (Third Edition) of Annex 10 to the Chicago Convention.