The Air Navigation (Overseas Territories) Order 2007

Articles 50(1), 70(1), 109(1)

SCHEDULE 9 AIR NAVIGATION (GENERAL) REGULATIONS

1.  In these Regulations any reference to—

(a) a numbered article is a reference to the article in this Order so numbered;

(b) a numbered regulation is to the regulation in these Regulations so numbered;

(c) a numbered paragraph, or numbered or lettered sub-paragraph, is a reference to the paragraph or sub-paragraph so numbered or lettered in the regulation or paragraph, as the case may be, in which that reference appears.

Aeroplanes flying for the purpose of commercial air transport of passengers – aerodrome facilities for approach to landing and landing

2.—(1) This regulation shall apply to every aeroplane registered in the Territory engaged on a flight for the purpose of commercial air transport of passengers on a scheduled journey and to every aeroplane so registered of which the maximum total weight authorised exceeds 5,700 kg.

(2) For the purposes of article 70(1)(c), the following manning and equipment are prescribed in relation to aerodromes intended to be used for landing or as an alternate aerodrome by aircraft to which this regulation applies—

(a) air traffic control service or aerodrome flight information service, including the reporting to aircraft of the current meteorological conditions at the aerodrome;

(b) very high frequency radiotelephony;

(c) at least one of the following radio navigation aids, either at the aerodrome or elsewhere, and in either case for the purpose of assisting the pilot in locating the aerodrome and in making an approach to landing there—

(i) radio direction finding equipment utilising emissions in the very high frequency bands;

(ii) a non-directional radio beacon transmitting signals in the low or medium frequency bands;

(iii) very high frequency omni-directional radio range;

(iv) radar equipment.

(3) Subject to paragraph (4), an aircraft to which this regulation applies shall not land or make an approach to landing at any aerodrome unless—

(a) one of the services and equipment prescribed by paragraph (2) are provided and are in operation at that aerodrome; and

(b) such services and equipment can be made use of by that aircraft; and

(c) in the case of the navigation aids specified in paragraph (2)(c), instructions and procedures for the use of the aid are included in the operations manual relating to the aircraft.

(4) A person shall be deemed not to have contravened the provisions of paragraph (3) if he proves that—

(a) for the time being use could not be made of the radio navigation aids provided under paragraph (2)(c) whether by reason of those aids not being in operation or of the unserviceability of equipment in the aircraft itself; and

(b) the approach to landing was made in accordance with instructions and procedures appropriate to that circumstance and included in the operations manual.

Minimum navigation performance specifications – prescribed airspace and navigation performance capability

3.—(1) For the purposes of article 50(1) the following navigation performance capability is hereby prescribed, that is to say, a capability to ensure that—

(a) the standard deviation of lateral errors in the track of the aircraft is not more than 6.3 nautical miles; and

(b) the proportion of the flight time of the aircraft during which the actual track of the aircraft is 30 nautical miles or more off the track along which it has been given an air traffic control clearance to fly is less than 5.3 x 10^-4 ; and

(c) the proportion of the flight time of the aircraft during which the actual track of the aircraft is between 50 and 70 nautical miles off the track along which it has been given an air traffic control clearance to fly is less than 13 x 10 ^–5.

(2) For the purposes of article 51(1) the following height keeping performance capability is hereby prescribed, that is to say, a capability to ensure that—

(a) altimetry system error shall be in compliance with paragraph 2.1.1(2) of Document 7030/4-NAT Part 1 Rules of the Air, Air Traffic Services and Search and Rescue (ICAO Regional Procedures FourthEdition-1987); and

(b) (i) in respect of aircraft first registered in a Contracting State on or after 1st January 1997 altitude can be automatically controlled within a tolerance band of +/- 65 feet;

(ii) in respect of aircraft first registered in a Contracting State before 1st January 1997 altitude can be automatically controlled within a tolerance band of +/- 130 feet.

(3) For the purposes of article 50(1), the following airspace is hereby prescribed as North Atlantic Minimum Navigation Performance Specification Airspace, that is to say, the airspace from flight level 285 to flight level 420 within the area defined by rhumb lines joining successively the following points—

N3410.00 W01748.00	North Pole	N4500.00 W05300.00
N3630.00 W01500.00	N8200.00 W06000.00	N4336.00 W06000.00
N4200.00 W01500.00	N7800.00 W07500.00	N4152.00 W06700.00
N4300.00 W01300.00	N7600.00 W07600.00	N3900.00 W06700.00
N4500.00 W01300.00	N6500.00 W05745.00	N3835.00 W06853.00
N4500.00 W00800.00	N6500.00 W06000.00	N3830.00 W06915.00
N5100.00 W00800.00	N6400.00 W06300.00	N3830.00 W06000.00
N5100.00 W01500.00	N6100.00 W06300.00	N2700.00 W06000.00
N5400.00 W01500.00	N5700.00 W05900.00	N2700.00 W04000.00
N5434.00 W01000.00	N5300.00 W05400.00	N2218.00 W04000.00
N6100.00 W01000.00	N4900.00 W05100.00	N1700.00 W03730.00
N6100.00 00000.00	N4500.00 W05100.00	N2400.00 W02500.00
N8200.00 00000.00		N3000.00 W02500.00
N8200.00 E03000.00		N3000.00 W02000.00
		N3139.00 W01725.00

and from there by that part of the arc of a circle radius 100 nautical miles centred on N3304.00 W01621.00 to N3410.00 W01748.00.

Noise and vibration caused by aircraft on aerodromes

4.  For the purposes of article 109, the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, certificated aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft, shall be as follows—

(a) the aircraft is taking off or landing; or

(b) the aircraft is moving on the ground or water; or

(c) the engines are being operated in the aircraft—

(i) for the purpose of ensuring their satisfactory performance;

(ii) for the purpose of bringing them to a proper temperature in preparation for, or at the end of, a flight; or

(iii) for the purpose of ensuring that the instruments, accessories or other components of the aircraft are in a satisfactory condition.