The Air Navigation (Overseas Territories) Order 2007

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Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol). This item of legislation is currently only available in its original format.

Article 2

SCHEDULE 1ORDERS REVOKED

	References
The Air Navigation (Overseas Territories) Order 2001	S.I. 2001/2128
The Air Navigation (Overseas Territories) (Amendment) Order 2003	S.I. 2003/433
The Air Navigation (Overseas Territories) (Amendment) Order 2004	S.I. 2004/2038
The Air Navigation (Overseas Territories) (Amendment) Order 2005	S.I. 2005/2763
The Air Navigation (Overseas Territories) (Amendment) Order 2006	S.I. 2006/1911

Articles 4(6)(b) and 156(6)

SCHEDULE 2CLASSIFICATION OF AIRCRAFT

Table of general classification of aircraft

Col. 1	Col. 2	Col. 3	Col. 4

			Free Balloon
		Non-power driven	Captive Balloon
	Lighter than air aircraft
		Power driven	Airship

Aircraft			Glider
		Non-power driven	Kite

			Aeroplane (Landplane)
	Heavier than air aircraft		Aeroplane (Seaplane)
			Aeroplane (Amphibian)
		Power driven (flying machines)	Aeroplane (Self-launching Motor Glider)
			Powered Lift (Tilt Rotor)
				Helicopter
			Rotorcraft
				Gyroplane

Article 20(9)

SCHEDULE 3AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHT NAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR SUITABLE NAVIGATIONAL EQUIPMENT ON COMMERCIAL AIR TRANSPORT AIRCRAFT

The following areas are hereby, specified for the purposes of article 20(9) of this Order—

Area A—Arctic
All that area north of latitude 68° north, but excluding any part thereof within the area enclosed by rhumb lines joining successively the following points—
- 68° north latitude 00° east/west longitude
- 73° north latitude 15° east longitude
- 73° north latitude 30° east longitude
- 68° north latitude 45° east longitude
- 68° north latitude 00° east/west longitude
Area B—Antarctic
All that area south of latitude 55° south.
Area C—Sahara
All that area enclosed by rhumb lines joining successively the following points—
- 30° north latitude 05° west longitude
- 24° north latitude 11° west longitude
- 14° north latitude 11° west longitude
- 14° north latitude 28° east longitude
- 24° north latitude 28° east longitude
- 28° north latitude 23° east longitude
- 30° north latitude 15° east longitude
- 30° north latitude 05° west longitude
Area D—South America
All that area enclosed by rhumb lines joining successively the following points—
- 04° north latitude 72° west longitude
- 04° north latitude 60° west longitude
- 08° south latitude 42° west longitude
- 18° south latitude 54° west longitude
- 18° south latitude 60° west longitude
- 14° south latitude 72° west longitude
- 05° south latitude 76° west longitude
- 04° north latitude 72° west longitude
Area E—Pacific Ocean
All that area enclosed by rhumb lines joining successively the following points—
- 60° north latitude 180° east/west longitude
- 20° north latitude 128° east longitude
- 04° north latitude 128° east longitude
- 04° north latitude 180° east/west longitude
- 55° south latitude 180° east/west longitude
- 55° south latitude 82° west longitude
- 25° south latitude 82^o west longitude
- 60° north latitude 155° west longitude
- 60° north latitude 180° east/west longitude
Area F—Australia
All that area enclosed by rhumb lines joining successively, the following points—
- 18° south latitude 123° east longitude
- 30° south latitude 118° east longitude
- 30° south latitude 135° east longitude
- 18° south latitude 123° east longitude
Area G—Indian Ocean
All that area enclosed by rhumb lines joining successively the following points—
- 35° south latitude 110° east longitude
- 55° south latitude 180° east/west longitude
- 55° south latitude 10° east longitude
- 40° south latitude 10° east longitude
- 25° south latitude 60° east longitude
- 20° south latitude 60° east longitude
- 05° south latitude 43° east longitude
- 10° north latitude 55° east longitude
- 10° north latitude 73° east longitude
- 04° north latitude 77° east longitude
- 04° north latitude 92° east longitude
- 10° south latitude 100° east longitude
- 10° south latitude 110° east longitude
- 35° south latitude 110° east longitude
Area H—North Atlantic Ocean
All that area enclosed by rhumb lines joining successively the following points—
- 55° north latitude 15° west longitude
- 68° north latitude 28° west longitude
- 68° north latitude 60° west longitude
- 45° north latitude 45° west longitude
- 40° north latitude 60° west longitude
- 40° north latitude 19° west longitude
- 55° north latitude 15° west longitude
Area I—South Atlantic Ocean
All that area enclosed by rhumb lines joining successively the following points—
- 40° north latitude 60° west longitude
- 18° north latitude 60° west longitude
- 05° south latitude 30° west longitude
- 55° south latitude 55° west longitude
- 55° south latitude 10° east longitude
- 40° south latitude 10° east longitude
- 02° north latitude 05° east longitude
- 02° north latitude 10° west longitude
- 15° north latitude 25° west longitude
- 40° north latitude 19° west longitude
- 40° north latitude 60° west longitude
Area J—Northern Canada
All that area enclosed by rhumb lines joining successively the following points—
- 68° north latitude 130° west longitude
- 55° north latitude 115° west longitude
- 55° north latitude 70° west longitude
- 68° north latitude 60° west longitude
- 68° north latitude 130° west longitude
Area K—Northern Asia
All that area enclosed by rhumb lines joining successively the following points—
- 68° north latitude 56° east longitude
- 68° north latitude 160° east longitude
- 50° north latitude 125° east longitude
- 50° north latitude 56° east longitude
- 68° north latitude 56° east longitude
Area L—Southern Asia
All that area enclosed by rhumb lines joining successively the following points—
- 50° north latitude 56° east longitude
- 50° north latitude 125° east longitude
- 40° north latitude 110° east longitude
- 30° north latitude 110° east longitude
- 30° north latitude 80° east longitude
- 35° north latitude 80° east longitude
- 35° north latitude 56° east longitude
- 50° north latitude 56° east longitude

Articles 12(5) and 15(2)

SCHEDULE 4AIRCRAFT EQUIPMENT

1. Every aircraft of a description specified in the first column of the Table in paragraph 5 of this Schedule and which is registered in the Territory shall be provided, when flying in the circumstances specified in the second column of the said Table, with adequate equipment, and for the purpose of this paragraph the expression “adequate equipment” shall mean, subject to paragraph 2, the scales of equipment respectively indicated in the third column of that Table.

2.—(1) 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) The equipment carried in an aircraft as being necessary for the airworthiness of the aircraft shall be taken into account in determining whether this Schedule is complied with in respect of that aircraft.

3.—(1) For the purposes of the Table in paragraph 5, flying time in relation to a helicopter or gyroplane shall be calculated on the assumption that it is flying in still air at normal cruising speed.

(2) In this Schedule “day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level.

4. The following items of equipment shall not be required to be of a type approved by the Governor—

(a)the equipment referred to in Scale A (2);

(b)first aid equipment and handbook, referred to in Scale A;

(c)time-pieces, referred to in Scale F;

(d)torches, referred to in Scales G, H, K and Z;

(e)whistles, referred to in Scale H;

(f)sea anchors, referred to in Scales J and K;

(g)rocket signals, referred to in Scale J;

(h)equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale J;

(i)paddles, referred to in Scale K;

(j)food and water, referred to in Scales K, U and V;

(k)first aid equipment, referred to in Scales K, U and V;

(l)stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic suits, referred to in Scale V;

(m)megaphones, referred to in Scale Y.

5. Table

Description of Aircraft	Circumstances of Flight	Scale of Equipment Required
(1) Gliders	(a) flying for purposes other than commercial air transport or aerial work; and when flying by night	A(2)
	(b) flying for the purpose of commercial air transport or aerial work; and	A, B(1), (2), (3), (4), (5), (6) and (7), D and F(1)
	(i) when flying by night	C and G
	(ii) when carrying out aerobatic manoeuvres	B(8) and (9)
(2) Aeroplanes	(a) flying for purposes other than commercial air transport; and	A(1) and (2) and B(1), (2), (3), (4), (5) and (6)
	(i) when flying by night	C, D, G(2), G(3) and GG
	(ii) when flying under Instrument Flight Rules;
	(aa) outside controlled airspace	D
	(bb) within Class A, B or C airspace	E with E(4) duplicated and F
	(cc) within Class D and E airspace	E and F
	(iii) when carrying out aerobatic manoeuvres	B(8) and (9)
	(iv) when flying at a height of 13,000 ft or more above mean sea level	L1 or L2
	(v) when flying over water;
	(aa) beyond gliding distance from land suitable for an emergency landing	H
	(bb) when at a distance of more than 10 minutes flying time at normal cruising speed away from land suitable for making an emergency landing	KK(1) or KK(2)
	(vi) when flying over areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, and where;	KK (2)
	(aa) in the event of an emergency landing, tropical conditions are likely to be met	U (except U(1))
	(bb) in the event of an emergency landing, polar conditions are likely to be met	V (except V(1))
	(vii) on all flights which involve manoeuvres on water	H, J and K (1), (2) and (3)
	(viii) with a certificate of airworthiness	A(3) and (5)
	(b) flying for the purpose of commercial air transport; and	A, B(1), (2), (3), (4), (5), (6) and (7), D and F(1)
	(i) when flying under Instrument Flight Rules except flights outside controlled airspace in the case of aeroplanes having a maximum total weight authorised not exceeding 1,150 kg	E with E(4) duplicated and F
	(ii) when flying by night; and in the case of aeroplanes of which the maximum total weight authorised exceeds 1,150 kg	C and G, E with E(4) duplicated and F
	(iii) when flying over water beyond gliding distance from land	H
	(iv) on all flights on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the aeroplane would be forced to land onto water;	H
	(v) when flying over water;
	(aa) in the case of aeroplanes capable of continuing the flight to an aerodrome with the critical power unit becoming inoperative, at a greater distance from land suitable for making an emergency landing than that corresponding to 120 minutes at cruising speed or 400 nautical miles, whichever is the lesser; or	H and K
	(bb) in the case of all other aeroplanes, at a greater distance from land suitable for making an emergency landing than that corresponding to 30 minutes at cruising speed or 100 nautical miles, whichever is the lesser	H and K
	(vi) having a certificate of airworthiness first issued (whether in the Territory or elsewhere) before 1st January 2002	KK(1) or (2)
	(vii) having a certificate of airworthiness first issued (whether in the Territory or elsewhere) on or after 1st January 2002	KK(2)
	(viii) on all flights which involve manoeuvres on water	H, J and K
	(ix) when flying at a height of 10,000 ft or more above mean sea level;
	(aa) having a certificate of airworthiness first issued (whether in the Territory or elsewhere) before 1st January 1989	L1 or L2
	(bb) having a certificate of airworthiness first issued (whether in the Territory or elsewhere) on or after 1st January 1989	L2
	(x) on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met	M
	(xi) when carrying out aerobatic manoeuvres	B(8) and (9)
	(xii) on all flights on which the aircraft carries a flight crew of more than one person	N
	(xiii) on all flights for the purpose of the commercial air transport of passengers	Q and Y(1), (2) and (3)
	(xiv) on all flights by a pressurised aircraft	R
	(xv) when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met	U
	(xvi) when flying over substantially uninhabited land or other areas where, in the event of an emergency landing, polar conditions are likely to be met	V
	(xvii) when flying at an altitude of more than 49,000 ft	W
(3) Turbine-jet aeroplanes having a maximum total weight authorised exceeding 5,700 kg or pressurised aircraft having a maximum total weight authorised exceeding 11,400 kg	when flying for the purpose of commercial air transport	O
(4) Turbine-engined aeroplanes having a maximum total weight authorised exceeding 5,700 kg and piston-engined aeroplanes having a maximum total weight authorised exceeding 27,000 kg except for such aeroplanes falling within paragraphs (5) or (6);
(a) which are operated by an air transport undertaking; or	when flying on any flight	P
(b) which are commercial air transport aeroplanes in respect of which application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under a permit to fly.	when flying on any flight	P
(5) Commercial air transport aeroplanes in respect of which there is in force a certificate of airworthiness and commercial air transport aeroplanes in respect of which an application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under a permit to fly, except for such aeroplanes falling within paragraph (6);
(a) which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1st April 1971 and which have a maximum total weight authorised exceeding 5,700 kg but not exceeding 11,400 kg; or	when flying on any flight	S(1)
(b) which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1st April 1971 and which have a maximum total weight authorised exceeding 11,400 kg but not exceeding 27,000 kg; or	when flying on any flight	S(2)
(c) which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1st April 1971 and which have a maximum total weight authorised exceeding 27,000 kg but not exceeding 230,000 kg; or	when flying on any flight	S(3)
(d) which conform to a type first issued with a type certificate in the Territory on or after 1st January 1970 and which have a maximum total weight authorised exceeding 230,000 kg	when flying on any flight	S(3)
(6) Commercial air transport aeroplanes in respect of which there is in force a certificate of airworthiness and commercial air transport aeroplanes in respect of which application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under a permit to fly;
(a) for which an individual certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1st June 1990 and which have a maximum total weight authorised not exceeding 5,700 kg, are powered by 2 or more turbine engines and with a maximum approved passenger seating configuration of more than 9; or	when flying on any flight	S(4)
(b) for which an individual certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1st June 1990 and which have a maximum total weight authorised exceeding 5,700 kg but not exceeding 27,000 kg; or	when flying on any flight	S(5)
(c) for which an individual certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1st June 1990 and which have a maximum total weight authorised exceeding 27,000 kg	when flying on any flight	S(6)
(7) Aerial work and private aeroplanes for which an individual certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1st June 1990 and which have a maximum total weight authorised exceeding 27,000 kg.	when flying on any flight	S(6)
(8) Commercial air transport aeroplanes;
(a) which conform to a type first issued with a type certificate (whether in the Territory or elsewhere) on or after 1st April 1971 and having a maximum total weight authorised exceeding 27,000 kg; or	when flying on any flight	T
(b) which conform to a type first issued with a type certificate in the Territory on or after 1st January 1970 and which have a maximum total weight authorised exceeding 230,000 kg and in respect of which there is in force a certificate of airworthiness; or	when flying on any flight	T
(c) having a maximum total weight authorised exceeding 27,000 kg which conform to a type first issued with a type certificate on or after 1st April 1971 (or 1st January 1970 in the case of an aeroplane having a maximum total weight authorised exceeding 230,000 kg) in respect of which application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under a permit to fly	when flying on any flight	T
(9) Aeroplanes powered by one or more turbine jets or one or more turbine propeller engines and which have a maximum total weight authorised exceeding 15,000 kg or with a maximum approved passenger seating configuration of more than 30	when flying for the purpose of commercial air transport	X(1)
(10) Aeroplanes which are powered by one or more turbine jets or one or more turbine propeller engines and which have a maximum total weight authorised exceeding 5,700 kg but not exceeding 15,000 kg or with a maximum approved passenger seating configuration of more than 9 but not exceeding 30	when flying for the purpose of commercial air transport except when flying under and in accordance with the terms of a police air operator’s certificate	X(1)
(11) Aeroplanes which are powered by one or more turbine jets or one or more turbine propeller engines and which have a maximum total weight authorised exceeding 5,700 kg or with a maximum approved passenger seating configuration of more than 9;
(a) in respect of which there is in force a certificate of airworthiness except any such aeroplanes as come within sub-paragraph (b); or	when flying for purposes other than commercial air transport	X(1) or X(2)
(b) in respect of which there is in force a certificate of airworthiness and which have equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water installed before 1st April 2000	when flying for purposes other than commercial air transport	X(1) or X(2)
(12) Aeroplanes;
(a) powered by one or more turbo-jets and which have a maximum total weight authorised exceeding 22,700 kg; or	when flying by night for the purpose of the commercial air transport of passengers	Z(1) and (2)
(b) having a maximum total weight authorised exceeding 5,700 kg and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30th April 1972 but not including any aeroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or	when flying by night for the purpose of the commercial air transport of passengers	Z(1) and (2)
(c) with a maximum approved passenger seating configuration of more than 19; or	when flying by night for the purpose of the commercial air transport of passengers	Z(1)
(d) having a maximum total weight authorised exceeding 5,700 kg and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30th April 1972 but not including any aeroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or	when flying for the purpose of the commercial air transport of passengers	Z(3)
(e) powered by one or more turbo-jets and which have a maximum total weight authorised exceeding 22,700 kg; or	when flying for the purpose of the commercial air transport of passengers	Z(3)
(f) first issued with a type certificate (whether in the Territory or elsewhere) on or after 1st January 1958 and with a maximum approved passenger seating configuration of more than 19	when flying for the purpose of the commercial air transport of passengers	Z(3)
(13) Aeroplanes;
(a) powered by one or more turbine jets	when flying on any flight	AA
(b) powered by one or more turbine propeller engines and having a maximum total weight authorised exceeding 5,700 kg and first issued with a certificate of airworthiness in the Territory on or after 1st April 1989	when flying on any flight	AA
(14) Commercial air transport aeroplanes	when flying for the purpose of the commercial air transport of passengers	Y(4)
(15) Helicopters and Gyroplanes	(a) flying for purposes other than commercial air transport; and	A(1), (2), (3) and (5); and B(1), (2), (3), (4), (5) and (6)
	(i) when flying by day under Visual Flight Rules;
	(aa) with the surface in sight	D
	(bb) when the surface is not in sight	E
	(ii) when flying by day under Instrument Flight Rules;
	(aa) with the surface in sight	E
	(bb) when the surface is not in sight;
	(aaa) outside controlled airspace	E with E(2) duplicated
	(bbb) within controlled airspace	E with both E(2) and E(4) duplicated and F
	(iii) when flying at night;
	(aa) with the surface in sight	C, E, G(3) and G(5) and (6)
	(bb) outside controlled airspace when the surface is not in sight	C, E with E(2) duplicated, G(3), (5) and (6)
	(cc) within controlled airspace when the surface is not in sight	C, E with both E(2) and E(4) duplicated, F, G(3), (5) and (6)
	(iv) when flying at a height of 13,000 ft or more above mean sea level	L1 or L2
	(v) when flying over water;
	(aa) beyond autorotational gliding distance from land suitable for an emergency landing	H
	(bb) on all flights on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the helicopter or gyroplane would be forced to land onto water	H
	(cc) when at a distance of more than 10 minutes flying time at normal cruising speed away from land suitable for making an emergency landing	KK(1) or KK(2)
	(vi) when flying over areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, and where;	KK(2)
	(aa) in the event of an emergency landing, tropical conditions are likely to be met	U (except U(1))
	(bb) in the event of an emergency landing, polar conditions are likely to be met	V (except V(1))
	(b) flying for the purpose of commercial air transport; and	A, B(1), (2), (3), (4), (5), (6) and (7) and F(1) and F(4)
	(i) when flying by day under Visual Flight Rules
	(aa) with the surface in sight	D
	(bb) when the surface is not in sight	E
	(ii) when flying by day under Instrument Flight Rules
	(aa) with the surface in sight	E
	(bb) when the surface is not in sight	E with both E(2) and E(4) duplicated, F(2), F(3) and F(5)
	(iii) when flying by night with the surface in sight;
	(aa) when flying in circumstances where one pilot is required	C, E with E(2) duplicated and either E(4) duplicated or a radio altimeter, F(2), (3), (5) and G
	(bb) when flying in circumstances where two pilots are required	C, E, F(2), F(3), F(5) and G for each pilot’s station
	(iv) when flying by night when the surface is not in sight	C, E with both E(2) and E(4) duplicated, F(2), (3), (5) and G
	(v) when flying over water;
	(aa) in the case of a helicopter carrying out Performance Class 2 or 3 operations or a gyroplane classified in its certificate of airworthiness as being of performance group A2 or B when beyond auto-rotational gliding distance from land suitable for an emergency landing	E and H
	(bb) on all flights on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the helicopter or gyroplane would be forced to land onto water	H
	(cc) in the case of a helicopter carrying out Performance Class 1 or 2 operations or a gyroplane classified in its certificate of airworthiness as being of performance group A2 when beyond 10 minutes flying time from land	E, H, K and T
	(dd) for more than a total of 3 minutes in any flight	EE
	(ee) in the case of a helicopter carrying out Performance Class 1 or 2 operations or a gyroplane classified in its certificate of airworthiness as being of performance group A2 which is intended to fly beyond 10 minutes flying time from land or which actually flies beyond 10 minutes flying time from land, on a flight which is either in support of or in connection with the offshore exploitation or exploration of mineral resources (including gas) or is on a flight under and in accordance with the terms of a police air operator’s certificate, when in either case the weather reports or forecasts available to the commander of the aircraft indicate that the sea temperature will be less than plus 10°C during the flight or when any part of the flight is at night	I
	(vi) when flying on Performance Class 1 or 2 operations over water beyond 10 minutes flying time from land and not required to comply with sub-paragraph (ix)	KK(2)
	(vii) when flying on Performance Class 3 operations beyond auto-rotational or safe forced landing distance from land	KK(2)
	(viii) when flying over land areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult	KK(2)
	(ix) when flying on Performance Class 1 or 2 operations over water in a hostile environment at a distance from land corresponding to more than 10 minutes flying time at normal cruising speed in support of or in connection with the offshore exploitation or exploration of mineral resources (including gas)	KK(3)
	(x) on all flights which involve manoeuvres on water	H, J and K
	(xi) when flying at a height of 10,000 ft or more above mean sea level;
	(aa) having a certificate of airworthiness first issued (whether in the Territory or elsewhere) before 1st January 1989	L1 or L2
	(bb) having a certificate of airworthiness first issued (whether in the Territory or elsewhere) on or after 1st January 1989	L2
	(xii) on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met	M
	(xiii) on all flights on which the aircraft carries a flight crew of more than one person	N
	(xiv) on all flights for the purpose of the commercial air transport of passengers	Y(1), (2) and (3)
	(xv) when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met	U
	(xvi) when flying over substantially uninhabited land or other areas where, in the event of an emergency landing, polar conditions are likely to be met	V
(16) Helicopters and Gyroplanes;
(a) having a maximum total weight authorised exceeding 5,700 kg and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30th April 1972 but not including any helicopter or gyroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to a helicopter or gyroplane for which a certificate of airworthiness was first applied for before that date; or	when flying by night for the purpose of the commercial air transport of passengers	Z(1) and (2)
(b) with a maximum approved passenger seating configuration of more than 19; or	when flying by night for the purpose of the commercial air transport of passengers	Z(1)
(c) which are commercial air transport helicopters or gyroplanes in respect of which there is in force a certificate of airworthiness and commercial air transport helicopters or gyroplanes in respect of which application has been made and not withdrawn or refused for a certificate of airworthiness, and which fly under a permit to fly; and
(i) which have a maximum total weight authorised exceeding 2,730 kg but not exceeding 7,000 kg or with a maximum approved passenger seating configuration of more than 9 or both	when flying on any flight	SS(1) or (3)
(ii) which have a maximum total weight authorised exceeding 7,000 kg	when flying on any flight	SS(2) or (3)

6. The scales of equipment indicated in the foregoing Table shall be as follows—

Scale A
(1)
Spare fuses for all electrical circuits the fuses of which can be replaced in flight, consisting of 10 per cent of the number of each rating or three of each rating, whichever is the greater.
(2)
Maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under this Order, for the intended flight of the aircraft including any diversion which may reasonably be expected.
(3)
First aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following—
(a)
roller bandages;
(b)
triangular bandages;
(c)
adhesive plaster;
(d)
absorbent gauze or wound dressings;
(e)
cotton wool or wound dressings;
(f)
burn dressings;
(g)
safety pins;
(h)
haemostatic bandages or tourniquets;
(i)
scissors;
(j)
antiseptic;
(k)
analgesic and stimulant drugs;
(l)
splints, in the case of aeroplanes the maximum total weight authorised of which exceeds 5,700 kg;
(m)
a handbook on first aid.
(4)
In the case of a flying machine used for the commercial air transport of passengers in which, while the flying machine is at rest on the ground, the sill of any external door intended for the disembarkation of passengers, whether normally or in an emergency—
(a)
is more than 1.82 metres from the ground when the undercarriage of the machine is in the normal position for taxiing; or
(b)
would be more than 1.82 metres from the ground if the whole or any part of the undercarriage should collapse, break or fail to function;
apparatus readily available for use at each such door consisting of a device or devices which will enable passengers to reach the ground safely in an emergency while the flying machine is on the ground, and can be readily fixed in position for use.
(5)
A hand fire extinguisher for each enclosed passenger and crew compartment, so installed that at least one extinguisher shall be conveniently located for use by a member of the flight crew.
Scale AA
(1)
Subject to sub-paragraph (2), an altitude alerting system capable of alerting the pilot upon approaching a preselected altitude in either ascent or descent, by a sequence of visual and aural signals in sufficient time to establish level flight at that preselected altitude and when deviating above or below that preselected altitude, by a visual and an aural signal.
(2)
If the system becomes unserviceable, the aircraft may fly or continue to fly, until it first lands at a place at which it is reasonably practicable for the system to be repaired or replaced.
Scale B
(1)
If the maximum total weight authorised of the aircraft is 2,730 kg or less, for every pilot’s seat and for any seat situated alongside a pilot’s seat, either a safety belt with one diagonal shoulder strap or a safety harness, or with the permission of the Governor, a safety belt without a diagonal shoulder strap which permission may be granted if the Governor is satisfied that it is not reasonably practicable to fit a safety belt with one diagonal shoulder strap or a safety harness.
(2)
If the maximum total weight authorised of the aircraft exceeds 2,730 kg, either a safety harness for every pilot’s seat and for any seat situated alongside a pilot’s seat, or with the permission of the Governor, a safety belt with one diagonal shoulder strap which permission may be granted if the Governor is satisfied that it is not reasonably practicable to fit a safety harness.
(3)
For every seat in use (not being a seat referred to in paragraphs (1), (2), (5) and (6)) a safety belt with or without one diagonal shoulder strap or a safety harness.
(4)
In addition, and to be attached to or secured by the equipment required in paragraph (3) above, a child restraint device for every child under the age of two years on board.
(5)
On all flights for the commercial air transport of passengers by aircraft, for each seat for use by cabin crew who are required to be carried under this Order, a safety harness.
(6)
On all flights in aeroplanes in respect of which a certificate of airworthiness was first issued (whether in the Territory or elsewhere) on or after 1st February 1989, the maximum total weight authorised of which does not exceed 5,700 kg but with a maximum approved passenger seating configuration of 9 or less, (otherwise than in seats referred to under paragraph (1) or (2)), a safety belt with one diagonal shoulder strap or a safety harness for each seat intended for use by a passenger.
(7)
If the commander cannot, from his own seat, see all the passengers’ seats in the aircraft, a means of indicating to the passengers that seat belts should be fastened.
(8)
Subject to paragraph (9), a safety harness for every seat in use.
(9)
In the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the Governor may permit a safety belt with one diagonal shoulder strap to be fitted if it is satisfied that such restraint is sufficient for the carrying out of erect spinning in that aircraft and that it is not reasonably practicable to fit a safety harness in that aircraft.
Scale C
(1)
Equipment for displaying the lights required by the Rules of the Air Regulations 1996.
(2)
Electrical equipment, supplied from the main source of supply in the aircraft, to provide sufficient illumination to enable the flight crew properly to carry out their duties during flight.
(3)
Unless the aircraft is equipped with radio, devices for making the visual signal specified in the Rules of the Air Regulations 1996 as indicating a request for permission to land.
Scale D
(1)
In the case of a helicopter or gyroplane, a slip indicator.
(2)
In the case of any other flying machine either—
(a)
a turn indicator and a slip indicator; or
(b)
a gyroscopic bank and pitch indicator and a gyroscopic direction indicator.
(3)
A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the commander of the aircraft indicate is likely to be encountered during the intended flight.
Scale E
(1)
In the case of—
(a)
a helicopter or gyroplane, a slip indicator;
(b)
any other flying machine, a slip indicator and either a turn indicator or, at the option of the operator, an additional gyroscopic bank and pitch indicator.
(2)
A gyroscopic bank and pitch indicator.
(3)
A gyroscopic direction indicator.
(4)
A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the commander of the aircraft indicate is likely to be encountered during the intended flight.
Scale EE
(1)
Subject to paragraph (2), a radio altimeter with an audio voice warning operating below a preset height and a visual warning capable of operating at a height selectable by the pilot.
(2)
A helicopter flying under and in accordance with the terms of a police air operator’s certificate may instead be equipped with a radio altimeter with an audio warning and a visual warning each capable of operating at a height selectable by the pilot.
Scale F
(1)
A timepiece indicating the time in hours, minutes and seconds.
(2)
A means of indicating whether the power supply to the gyroscopic instrument is adequate.
(3)
A rate of climb and descent indicator.
(4)
A means of indicating in the flight crew compartment the outside air temperature calibrated in degrees celsius.
(5)
If the maximum total weight authorised of the aircraft exceeds 5,700 kg two air speed indicators.
Scale G
(1)
In the case of an aircraft other than a helicopter or gyroplane landing lights consisting of 2 single filament lamps, or one dual filament lamp with separately energised filaments.
(2)
An electrical lighting system to provide illumination in every passenger compartment.
(3)
Either—
(a)
one electric torch for each member of the crew of the aircraft; or
(b)
one electric torch—
(i)
for each member of the flight crew of the aircraft; and
(ii)
affixed adjacent to each floor level exit intended for the disembarkation of passengers whether normally or in an emergency, provided that such torches shall—
(aa)
be readily accessible for use by the crew of the aircraft at all times; and
(bb)
number in total not less than the minimum number of members of the cabin crew required to be carried with a full passenger complement.
(4)
In the case of an aircraft other than a helicopter or gyroplane of which the maximum total weight authorised exceeds 5,700 kg, means of observing the existence and build up of ice on the aircraft.
(5)
In the case of a helicopter carrying out Performance Class 1 or 2 operations or a gyroplane in respect of which there is in force a certificate of airworthiness designating the gyroplane as being of performance group A, either—
(a)
2 landing lights both of which are adjustable so as to illuminate the ground in front of and below the helicopter or gyroplane and one of which is adjustable so as to illuminate the ground on either side of the helicopter or gyroplane; or
(b)
one landing light or, if the maximum total weight authorised of the helicopter or gyroplane exceeds 5,700 kg, one dual filament landing light with separately energised filaments, or 2 single filament lights, each of which is adjustable so as to illuminate the ground in front of and below the helicopter or gyroplane, and 2 parachute flares.
(6)
In the case of a helicopter carrying out Performance Class 3 operations or a gyroplane in respect of which there is in force a certificate of airworthiness designating the gyroplane as being of performance group B, either—
(a)
one landing light and 2 parachute flares; or
(b)
if the maximum total weight authorised of the helicopter or gyroplane exceeds 5,700 kg, either one dual filament landing light with separately energised filaments or 2 single filament landing lights, and 2 parachute flares.
(c)
if the maximum total weight authorised of the helicopter or gyroplane is 5700 kg or less and the flight is for a purpose other than commercial air transport —
(i)
2 landing lights, one of which is adjustable in flight so as to illuminate the ground in front of, below and on either side of the helicopter; or
(ii)
2 landing lights in addition to the helicopter standard equipment, which shall be adjusted so as to illuminate the ground in front of the helicopter.
Scale GG
A landing light.
Scale GGG
A windshield wiper for each pilot station.
Scale H
(1)
Subject to paragraph (2), for each person on board, a lifejacket equipped with a whistle and a survivor locator light.
(2)
Lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.
Scale I
A survival suit for each member of the crew.
Scale J
(1)
Additional flotation equipment, capable of supporting one-fifth of the number of persons on board, and provided in a place of stowage accessible from outside the flying machine.
(2)
Parachute distress rocket signals capable of making, from the surface of the water, the pyrotechnical signal of distress specified in the Rules of the Air Regulations 1996 and complying with Part III of Schedule 15 to the Merchant Shipping (Life-Saving Appliances) Regulations 1980[50].
(3)
A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the flying machine on water, appropriate to its size, weight and handling characteristics.
Scale K
(1)
In the case of—
(a)
a flying machine, other than a helicopter or gyroplane carrying 20 or more persons, liferafts sufficient to accommodate all persons on board;
(b)
a helicopter or gyroplane carrying 20 or more persons, a minimum of 2 liferafts sufficient together to accommodate all persons on board.
(2)
Each liferaft shall contain the following equipment—
(a)
means for maintaining buoyancy;
(b)
a sea anchor;
(c)
life-lines, and means of attaching one liferaft to another;
(d)
paddles or other means of propulsion;
(e)
means of protecting the occupants from the elements;
(f)
a waterproof torch;
(g)
marine type pyrotechnical distress signals;
(h)
means of making sea water drinkable, unless the full quantity of fresh water is carried as specified in sub-paragraph (i);
(i)
for each 4 or proportion of 4 persons the liferaft is designed to carry—
(i)
100 grammes of glucose toffee tablets; and
(ii)
1/2 litre of fresh water in durable containers or in any case in which it is not reasonably practicable to carry the quantity of water above specified, as large a quantity of fresh water as is reasonably practicable in the circumstances; provided that in no case shall the quantity of water carried be less than is sufficient, when added to the amount of fresh water capable of being produced by means of the equipment specified in sub-paragraph (h) to provide 1/2 litre of water for each 4 or proportion of 4 persons the liferaft is designed to carry; and
(j)
first aid equipment.
(3)
Items (2)(f) to (j) inclusive shall be contained in a pack.
(4)
The number of survival beacon radio apparatus carried when the aircraft is carrying the number of liferafts specified in column 1 of the following Table shall be not less than the number specified in, or calculated in accordance with, column 2.
Column 1 Column 2
Not more than 8 liferafts 2 survival beacon radio apparatus
For every additional 4 or proportion of 4 liferafts 1 additional survival beacon radio apparatus
Scale KK
(1)
A survival emergency locator transmitter capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (First Edition July 1995) and of transmitting on 121.5 MHz and 406 MHz.
(2)
An automatic emergency locator transmitter capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (First Edition July 1995) and transmitting on 121.5 MHz and 406 MHz.
(3)
An automatically deployable emergency locator transmitter capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (First Edition July 1995) and transmitting on 121.5 MHz and 406 MHz.
Scale L1
- Part I
  (1)
  In every flying machine which is provided with means for maintaining a pressure greater than 700 hectopascals throughout the flight in the flight crew compartment and in the compartments in which the passengers are carried—
  (a)
  a supply of oxygen sufficient, in the event of failure to maintain such pressure, occurring in the circumstances specified in columns 1 and 2 of the Table set out in Part II, for continuous use, during the periods specified in column 3 of the said Table, by the persons for whom oxygen is to be provided in accordance with column 4 of that Table; and
  (b)
  in addition, in every case where the flying machine flies above flight level 350, a supply of oxygen in a portable container sufficient for the simultaneous first aid treatment of 2 passengers;
  together with suitable and sufficient apparatus to enable such persons to use the oxygen.
  (2)
  In any other flying machine—
  (a)
  a supply of oxygen sufficient for continuous use by all the crew other than the flight crew, and if passengers are carried, by 10% of the number of passengers, for any period exceeding 30 minutes during which the flying machine flies above flight level 100 but not above flight level 130 and the flight crew shall be supplied with oxygen sufficient for continuous use for any period during which the flying machine flies above flight level 100; and
  (b)
  a supply of oxygen sufficient for continuous use by all persons on board for the whole time during which the flying machine flies above flight level 130;
  together with suitable and sufficient apparatus to enable such persons to use the oxygen.
  (3)
  The quantity of oxygen required for the purpose of complying with paragraphs (1) and (2) of this Part shall be computed in accordance with the information and instructions relating thereto specified in the operations manual relating to the aircraft.
- Part II
  A. The whole period during which, after a failure to maintain a pressure greater than 700 hectopascals in the control compartment and in the compartments in which passengers are carried has occurred, the flying machine flies above flight level 100.
  B. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 150.
  C. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 100, but not above flight level 150.
  X. The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within 6 minutes, and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.
  Y. The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within 4 minutes, and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

Column 1	Column 2
Not more than 8 liferafts	2 survival beacon radio apparatus
For every additional 4 or proportion of 4 liferafts	1 additional survival beacon radio apparatus

Scale L2

(1)

A supply of oxygen and the associated equipment to meet the requirements set out in Part I in the case of unpressurised aircraft and Part II in the case of pressurised aircraft.

(2)

The duration for the purposes of this Scale shall be whichever is the greater of—

(a)

that calculated in accordance with the operations manual prior to the commencement of the flight, being the period or periods which it is reasonably anticipated that the aircraft will be flown in the circumstances of the intended flight at a height where the said requirements apply and in calculating the said duration account shall be taken of—

(i)

in the case of pressurised aircraft, the possibility of depressurisation when flying above flight level 100;

(ii)

the possibility of failure of one or more of the aircraft engines;

(iii)

restrictions due to required minimum safe altitude;

(iv)

fuel requirement; and

(v)

the performance of the aircraft; or

(b)

the period or periods during which the aircraft is actually flown in the circumstances specified in the said Parts.

Part I

Unpressurised aircraft

(1)

When flying at or below flight level 100—

Nil.

(2)

When flying above flight level 100 but not exceeding flight level 120—

Supply for	Duration
(a) Members of the flight crew	Any period during which the aircraft flies above flight level 100
(b) Members of the cabin crew and 10% of passengers	For any continuous period exceeding 30 minutes during which the aircraft flies above flight level 100 but not exceeding flight level 120, the duration shall be the period by which 30 minutes is exceeded

(3)

When flying above flight level 120—

Supply for	Duration
(a) Members of the flight crew	Any period during which the aircraft flies above flight level 120
(b) Members of the cabin crew and all passengers	Any period during which the aircraft flies above flight level 120

Part II

Pressurised aircraft

(1)

When flying at or below flight level 100—

Nil.

(2)

When flying above flight level 100 but not exceeding flight level 250—

Supply for	Duration
(a) Members of the flight crew	30 minutes or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater
(b) Members of the cabin crew and 10% of passengers	(i) When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, 30 minutes or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater (ii) When the aircraft is not so capable, whenever the cabin pressure altitude is greater than 10,000 ft but does not exceed 12,000 ft
(c) Members of the cabin crew and all passengers	(i) When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, no requirement other than that at (2)(b)(aa) of this Part of this Scale (ii) When the aircraft is not so capable and the cabin pressure altitude exceeds 12,000 ft, the duration shall be the period when the cabin pressure altitude exceeds 12,000 ft or 10 minutes, whichever is the greater

(3)

When flying above flight level 250—

Supply for	Duration
A. The flying machine is capable, at the time when a failure to maintain cabin pressurisation occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 120 within 5 minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.
(a) Members of the flight crew	2 hours or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater
(b) Members of the cabin crew	Whenever the cabin pressure altitude exceeds10,000 ft, and a portable supply for 15 minutes
(c) 10% of passengers	Whenever the cabin pressure altitude exceeds10,000 ft but does not exceed 12,000 ft
(d) 30% of passengers	Whenever the cabin pressure altitude exceeds12,000 ft but does not exceed 15,000 ft
(e) All passengers	If the cabin pressure altitude exceeds 15,000 ft, the duration shall be the period when the cabin pressure altitude exceeds 15,000 ft or 10 minutes, whichever is the greater
(f) 2% of passengers or 2 passengers, whichever is the greater, being a supply of first aid oxygen which must be available for simultaneous first aid treatment of 2% or 2 passengers wherever they are seated in the aircraft	Whenever, after decompression, the cabin pressure altitude exceeds 8,000 ft

Scale M
Equipment to prevent the impairment through ice formation of the functioning of the controls, means of propulsion, lifting surfaces, windows or equipment of the aircraft so as to endanger the safety of the aircraft.
Scale N
An intercommunication system for use by all members of the flight crew and including microphones, not of a hand-held type, for use by the pilot and flight engineer (if any).
Scale O
(1)
Subject to paragraph (2), a radar set capable of giving warning to the pilot in command of the aircraft and to the co-pilot of the presence of cumulo-nimbus clouds and other potentially hazardous weather conditions.
(2)
A flight may commence if the set is unserviceable or continue if the set becomes unserviceable thereafter—
(a)
so as to give the warning only to one pilot, so long as the aircraft is flying only to the place at which it first becomes reasonably practicable for the set to be repaired; or
(b)
when the weather report or forecasts available to the commander of the aircraft indicate that cumulo-nimbus clouds or other potentially hazardous weather conditions, which can be detected by the set when in working order, are unlikely to be encountered on the intended route or any planned diversion therefrom or the commander has satisfied himself that any such weather conditions will be encountered in daylight and can be seen and avoided, and the aircraft is in either case operated throughout the flight in accordance with any relevant instructions given in the operations manual.
Scale P
(1)
Subject to paragraphs (2) and (5), a flight data recorder which is capable of recording, by reference to a time-scale, the following data—
(a)
indicated airspeed;
(b)
indicated altitude;
(c)
vertical acceleration;
(d)
magnetic heading;
(e)
pitch attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;
(f)
engine power, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;
(g)
flap position;
(h)
roll attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded.
(2)
Subject to paragraph (5), any aeroplane having a maximum total weight authorised not exceeding 11,400 kg may be provided with—
(a)
a flight data recorder capable of recording the data described in paragraph (1)(a) to (1)(h); or
(b)
a 4 channel cockpit voice recorder.
(3)
Subject to paragraph (5), in addition, on all flights by turbine-powered aeroplanes having a maximum total weight authorised exceeding 11,400 kg, a 4 channel cockpit voice recorder.
(4)
The flight data recorder and cockpit voice recorder referred to above shall be so constructed that the record would be likely to be preserved in the event of an accident to the aeroplane.
(5)
An aeroplane shall not be required to carry the said equipment if, before take off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Governor.
Scale Q
If the maximum total weight authorised of the aeroplane exceeds 5,700 kg and it was first registered, whether in the Territory or elsewhere, on or after 1st June 1965, a door between the flight crew compartment and any adjacent compartment to which passengers have access, which door shall be fitted with a lock or bolt capable of being worked from the flight crew compartment.
Scale R
(1)
In respect of—
(a)
aeroplanes having a maximum total weight authorised exceeding 5,700 kg, equipment sufficient to protect the eyes, nose and mouth of all members of the flight crew required to be carried by virtue of article 20 for a period of not less than 15 minutes and, in addition, where the minimum flight crew required as aforesaid is more than one and a member of the cabin crew is not required to be carried by virtue of article 20, portable equipment sufficient to protect the eyes, nose and mouth of one member of the flight crew for a period of not less than 15 minutes;
(b)
aeroplanes having a maximum total weight authorised not exceeding 5,700 kg, either the equipment specified in sub-paragraph (1)(a) or, in the case of such aeroplanes restricted by virtue of the operator’s operations manual to flight at or below flight level 250 and capable of descending as specified at paragraph (4) such equipment sufficient to protect the eyes only.
(2)
In respect of—
(a)
aeroplanes having a maximum total weight authorised exceeding 5,700 kg, portable equipment to protect the eyes, nose and mouth of all members of the cabin crew required to be carried by virtue of article 20 for a period of not less than 15 minutes;
(b)
aeroplanes having a maximum total weight authorised not exceeding 5,700 kg, subject to paragraph (3), the equipment specified in sub-paragraph (2)(a).
(3)
Sub-paragraph (2)(b) shall not apply to such aeroplanes restricted by virtue of the operator’s operations manual to flight at or below flight level 250 and capable of descending as specified at paragraph (4).
(4)
The aeroplane is capable of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aeroplane, to flight level 100 within 4 minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.
Scale S
(1)
Subject to paragraphs (7) and (8), either a 4 channel cockpit voice recorder or a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the flight path, attitude and the basic lift, thrust and drag forces acting upon it.
(2)
Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the information specified in paragraph (1) together with use of VHF transmitters.
(3)
Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the flight path, attitude, the basic lift, thrust and drag forces acting upon it, the selection of high lift devices (if any) and airbrakes (if any), the position of primary flying control and pitch trim surfaces, outside air temperature, instrument landing deviations, use of automatic flight control systems, use of VHF transmitters, radio altitude (if any), the level or availability of essential AC electricity supply and cockpit warnings relating to engine fire and engine shut-down, cabin pressurisation, presence of smoke and hydraulic/pneumatic power supply.
(4)
Subject to paragraphs (7) and (8), either a cockpit voice recorder and a flight data recorder or a combined cockpit voice recorder/flight data recorder capable in either case of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—
(a)
the flight path;
(b)
speed;
(c)
attitude;
(d)
engine power;
(e)
outside air temperature;
(f)
configuration of lift and drag devices;
(g)
use of VHF transmitters; and
(h)
use of automatic flight control systems.
(5)
Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—
(a)
the flight path;
(b)
speed;
(c)
attitude;
(d)
engine power;
(e)
outside air temperature;
(f)
configuration of lift and drag devices;
(g)
use of VHF transmitters; and
(h)
use of automatic flight control systems.
(6)
Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—
(a)
the flight path;
(b)
speed;
(c)
attitude;
(d)
engine power;
(e)
outside air temperature;
(f)
instrument landing system deviations;
(g)
marker beacon passage;
(h)
radio altitude;
(i)
configuration of the landing gear and lift and drag devices;
(j)
position of primary flying controls;
(k)
pitch trim position;
(l)
use of automatic flight control systems;
(m)
use of VHF transmitters;
(n)
ground speed/drift angle or latitude/longitude if the navigational equipment provided in the aeroplane is of such a nature as to enable this information to be recorded with reasonable practicability;
(o)
cockpit warnings relating to ground proximity; and
(p)
the master warning system.
(7)
An aircraft shall not be required to carry the equipment specified in paragraphs (1) to (6) if, before take-off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Governor.
(8)
The cockpit voice recorder or flight data recorder or combined cockpit voice recorder/flight data recorder, as the case may be, shall be so constructed that the record would be likely to be preserved in the event of an accident.
Scale SS
(1)
Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the following matters accurately in respect of the helicopter or gyroplane—
(a)
flight path;
(b)
speed;
(c)
attitude;
(d)
engine power;
(e)
main rotor speed;
(f)
outside air temperature;
(g)
position of pilot’s primary flight controls;
(h)
use of VHF transmitters;
(i)
use of automatic flight controls (if any);
(j)
use of stability augmentation system (if any);
(k)
cockpit warnings relating to the master warning system; and
(l)
selection of hydraulic system and cockpit warnings of failure of essential hydraulic systems.
(2)
Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the information specified in paragraph (1) together with the following matters accurately in respect of the helicopter or gyroplane—
(a)
landing gear configuration;
(b)
indicated sling load force if an indicator is provided in the helicopter or gyroplane of such a nature as to enable this information to be recorded with reasonable practicability;
(c)
radio altitude;
(d)
instrument landing system deviations;
(e)
marker beacon passage;
(f)
ground speed/drift angle or latitude/longitude if the navigational equipment provided in the helicopter or gyroplane is of such a nature as to enable this information to be recorded with reasonable practicability; and
(g)
main gear box oil temperature and pressure.
(3)
Subject to paragraphs (4) and (5)—
(a)
a combined cockpit voice recorder/flight data recorder which meets the following requirements—
(i)
in the case of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (1) the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;
(ii)
in the case of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (2) the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;
(iii)
the cockpit voice recorder shall be capable of recording and retaining at least the last hour of cockpit voice recording information on not less than three separate channels;
(b)
in any case when a combined cockpit voice recorder/flight data recorder specified at paragraph (3)(a) is required to be carried by or under this Order, the flight data recorder shall be capable of retaining—
(i)
as protected data the data recorded during at least the last 5 hours of its operation or the maximum duration of the flight, whichever is the greater; and
(ii)
additional data as unprotected data for a period which together with the period for which protected data is required to be retained amounts to a total of 8 hours; provided that the flight data recorder need not be capable of retaining the said additional data if additional data is retained which relates to the period immediately preceding the period to which the required protected data relates or for such other period or periods as the Governor may permit under article 56 and the additional data is retained in accordance with arrangements approved by the Governor.
(4)
A helicopter or gyroplane shall not be required to carry the equipment specified in paragraphs (1) to (3) if, before take-off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Governor.
(5)
With the exception of flight data which it is expressly stated above may be unprotected, the cockpit voice recorder, flight data recorder or combined cockpit voice recorder/flight data recorder, as the case may be, shall be so constructed and installed that the record (herein referred to as “protected data”) would be likely to be preserved in the event of an accident and each cockpit voice recorder, flight data recorder or combined cockpit voice recorder/flight data recorder required to be carried on the helicopter or gyroplane shall have attached an automatically activated underwater sonar location device or an emergency locator radio transmitter.
Scale T
An underwater sonar location device except in respect of those helicopters or gyroplanes which are required to carry equipment in accordance with Scale SS.
Scale U
(1)
1 survival beacon radio apparatus.
(2)
Marine type pyrotechnical distress signals.
(3)
For each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets.
(4)
For each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers.
(5)
First aid equipment.
Scale V
(1)
1 survival beacon radio apparatus.
(2)
Marine type pyrotechnical distress signals.
(3)
For each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets.
(4)
For each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers.
(5)
First aid equipment.
(6)
For every 75 or proportion of 75 persons on board, 1 stove suitable for use with aircraft fuel.
(7)
1 cooking utensil, in which snow or ice can be melted.
(8)
2 snow shovels.
(9)
2 ice saws.
(10)
Single or multiple sleeping-bags, sufficient for the use of one-third of all persons on board.
(11)
1 arctic suit for each member of the crew of the aircraft.
Scale W
(1)
Subject to paragraph (2), cosmic radiation detection equipment calibrated in millirems per hour and capable of indicating the action and alert levels of radiation dose rate.
(2)
An aircraft shall not be required to carry the said equipment if before take-off the equipment is found to be unserviceable and it is not reasonably practicable to repair or replace it at the aerodrome of departure and the radiation forecast available to the commander of the aircraft indicates that hazardous radiation conditions are unlikely to be encountered by the aircraft on its intended route or any planned diversion therefrom.
Scale X
(1)
Subject to paragraph (3), a Terrain Awareness and Warning System known as Class A, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including excessive closure rate to terrain, flight into terrain when not in landing configuration, excessive downward deviation from an instrument landing system glideslope, a predictive terrain hazard warning function and a visual display.
(2)
Subject to paragraph (3), a Terrain Awareness and Warning System known as Class B, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including a predictive terrain hazard warning function.
(3)
If the equipment becomes unserviceable, the aircraft may fly or continue to fly until it first lands at a place at which it is reasonably practicable for the equipment to be repaired or replaced.
Scale Y
(1)
If the aircraft may in accordance with its certificate of airworthiness carry more than 19 and less than 100 passengers, one portable battery-powered megaphone capable of conveying instructions to all persons in the passenger compartment and readily available for use by a member of the crew.
(2)
If the aircraft may in accordance with its certificate of airworthiness carry more than 99 and less than 200 passengers, 2 portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and each readily available for use by a member of the crew.
(3)
If the aircraft may in accordance with its certificate of airworthiness carry more than 199 passengers, 3 portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and each readily available for use by a member of the crew.
(4)
If the aircraft may in accordance with its certificate of airworthiness carry more than 19 passengers—
(a)
a public address system; and
(b)
an interphone system of communication between members of the flight crew and the cabin crew.
Scale Z
(1)
An emergency lighting system to provide illumination in the passenger compartment sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2) of Scale G.
(2)
An emergency lighting system to provide illumination outside the aircraft sufficient to facilitate the evacuation of the aircraft.
(3)
An emergency floor path lighting system in the passenger compartment sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2) of Scale G; provided that if the equipment becomes unserviceable the aircraft may fly or continue to fly in accordance with arrangements approved by the Governor.

Article 16(2)

SCHEDULE 5RADIO 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.

Articles 22, 23, 24, and 26

SCHEDULE 6LICENCES

MINIMUM AGE, PERIOD OF VALIDITY, PRIVILEGESAEROPLANE PILOTS

Private Pilot’s Licence (Aeroplanes)

Minimum age – 17 years

No maximum period of validity

Privileges:

(1) Subject to paragraph (2), the holder of the licence shall be entitled to fly as pilot-in-command or co-pilot of an aeroplane of any of the types specified or otherwise falling within an aircraft rating included in the licence.

(2) He shall not fly such an aeroplane for the purpose of commercial air transport or aerial work save as provided below—

(a)he may fly such an aeroplane for the purpose of aerial work which consists of—

(i)the giving of instruction in flying, if his licence includes a flying instructor’s rating; or

(ii)the conducting of flying tests for the purposes of this Order;

in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members;

(b)he may fly such an aeroplane for the purpose of aerial work which consists of—

(i)towing a glider in flight; or

(ii)a flight for the purpose of dropping of persons by parachute;

in either case in an aeroplane owned, or operated under arrangements entered into, by a club of which the holder of the licence and any person carried in the aircraft or in any glider towed by the aircraft are members.

(3) He shall not receive any remuneration for his services as a pilot on a flight save that if his licence includes a flying instructor’s rating by virtue of which he is entitled to give instruction in flying microlight aircraft or self-launching motor gliders he may receive remuneration for the giving of such instruction or the conducting of such flying tests as are specified in paragraph (2)(a)(i) in a microlight aircraft or a self-launching motor glider.

(4) He shall not, unless his licence includes an instrument rating (aeroplanes), fly as pilot-in-command of such an aeroplane—

(i)on a flight outside controlled airspace when the flight visibility is less than 3 km;

(ii)on a special VFR flight in a control zone in a flight visibility of less than 10 km except on a route or in an aerodrome traffic zone notified for the purpose of this sub-paragraph; or

(iii)out of sight of the surface.

(5) He shall not fly as pilot-in-command of such an aeroplane at night unless his licence includes a night rating (aeroplanes).

(6) He shall not, unless his licence includes an instrument rating (aeroplanes), fly as pilot-in-command or co-pilot of such an aeroplane flying in Class A, B or C airspace in circumstances which require compliance with the Instrument Flight Rules.

(7) He shall not, unless his licence includes an instrument rating (aeroplanes), fly as pilot-in-command or co-pilot of such an aeroplane flying in Class D or E airspace in circumstances which require compliance with the Instrument Flight Rules.

(8) He shall not fly as pilot-in-command of such an aeroplane carrying passengers unless within the preceding 90 days he has made three take-offs and three landings as the sole manipulator of the controls of an aeroplane of the same type and if such a flight is to be carried out at night and his licence does not include an instrument rating (aeroplane) at least one of those take-offs and landings shall have been at night.

Commercial Pilot’s Licence (Aeroplanes)

Minimum age – 18 years

Maximum period of validity – 10 years

Privileges:

(1) The holder of the licence shall be entitled to exercise the privileges of a Private Pilot’s Licence (Aeroplanes) which includes a night rating (aeroplanes), and shall be entitled to fly as pilot-in-command of an aeroplane—

(a)on a special VFR flight notwithstanding that the flight visibility is less than 3km;

(b)when the aeroplane is taking off or landing at any place notwithstanding that the flight visibility below cloud is less than 1800 metres.

(2) Subject to paragraphs (3) and (7), he shall be entitled to fly as pilot-in-command of an aeroplane of a type or class on which he is so qualified and which is specified in an aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever.

(3) He shall not—

(a)unless his licence includes an instrument rating (aeroplanes), fly such an aeroplane on any scheduled journey;

(b)fly as pilot-in-command of an aeroplane carrying passengers unless he has carried out at least three take-offs and three landings as pilot flying in an aeroplane of the same type or in a flight simulator, approved for the purpose, of the aeroplane type to be used, in the preceding 90 days;

(c)as co-pilot serve at the flying controls in an aeroplane carrying passengers during take-off and landing unless he has served as a pilot at the controls during take-off and landing in an aeroplane of the same type or in a flight simulator, approved for the purpose, of the aeroplane type to be used, in the preceding 90 days; or

(d)as the holder of a licence which does not include a valid instrument rating (aeroplanes) act as pilot-in-command of an aeroplane carrying passengers at night unless during the previous 90 days at least one of the take-offs and landings required in sub-paragraph (b) above has been carried out at night;

(e)unless his licence includes an instrument rating (aeroplanes), fly any such aeroplane of which the maximum total weight authorised exceeds 2300 kg on any flight for the purpose of commercial air transport, except a flight beginning and ending at the same aerodrome and not extending beyond 25 nautical miles from that aerodrome;

(f)fly such an aeroplane on a flight for the purpose of commercial air transport unless it is certificated for single pilot operation;

(g)fly such an aeroplane on any flight for the purpose of commercial air transport after he attains the age of 60 years unless the aeroplane is fitted with dual controls and carries a second pilot who has not attained the age of 60 years and who holds an appropriate licence under this Order entitling him to act as pilot-in-command or co-pilot of that aeroplane;

(h)unless his licence includes an instrument rating (aeroplanes), fly as pilot-in-command or co-pilot of such an aeroplane flying in Class A, B or C airspace in circumstances which require compliance with the Instrument Flight Rules.

(4) Subject to paragraph (5), he shall be entitled to fly as pilot-in-command of an aeroplane of a type specified in a flying instructor’s rating included in the licence on a flight for the purpose of aerial work which consists of—

(a)the giving of instruction in flying; or

(b)the conducting of flying tests for the purposes of this Order;

(5) He shall not he entitled to exercise privileges contained in this paragraph other than in an aeroplane which he is entitled to fly as pilot-in-command on a private flight, an aerial work flight or a commercial air transport flight pursuant to the privileges set out in paragraph (1) or (2) of these privileges.

(6) He shall be entitled to fly as co-pilot of any aeroplane of a type specified in an aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever.

(7) He shall not at any time after he attains the age of 65 years act as pilot-in-command or co-pilot of any aeroplane on a flight for the purpose of commercial air transport.

Airline Transport Pilot’s Licence (Aeroplanes)

Minimum age - 21 years

Maximum period of validity – 10 years

Privileges:

The holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot’s Licence (Aeroplanes) except that sub-paragraph (3)(f) of those privileges shall not apply.

HELICOPTER AND GYROPLANE PILOTS

Private Pilot’s Licence (Helicopters)

Minimum age – 17 years

No maximum period of validity

Privileges:

(1) Subject to paragraph (2), the holder of the licence shall be entitled to fly as pilot-in-command or co-pilot of any helicopter of a type specified in an aircraft rating included in the licence.

(2) He shall not fly such a helicopter for the purpose of commercial air transport or aerial work other than aerial work which consists of—

(a)the giving of instruction in flying if his licence includes a flying instructor’s rating;

(b)the conducting of flying tests for the purposes of this Order;

in either case in a helicopter owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.

(3) He shall not receive any remuneration for his services as a pilot on a flight other than remuneration for the giving of such instruction or the conducting of such flying tests as are specified in paragraph (2).

(4) He shall not fly as pilot-in-command of such a helicopter at night unless his licence includes a night rating (helicopters).

(5) He shall not, unless his licence includes an instrument rating (helicopter), fly as pilot-in-command or co-pilot of such a helicopter in circumstances which require compliance with the Instrument Flight Rules—

(a)in Class A, B or C airspace at any time; or

(b)in Class D, E, F or G airspace unless flying at night and remaining clear of cloud and with the surface in sight.

(6) He shall not fly as pilot-in-command of such a helicopter carrying passengers unless—

(a)within the preceding 90 days he has made three circuits, each to include take-offs and landings as the sole manipulator of the controls of a helicopter of the same type; or

(b)if the privileges are to be exercised by night and his licence does not include an instrument rating, within the preceding 90 days he has made three circuits, each to include take-offs and landings by night as the sole manipulator of the controls of a helicopter of the same type.

Private Pilot’s Licence (Gyroplanes)

Minimum age – 17 years

No maximum period of validity

Privileges:

(1) Subject to paragraph (2), the holder of the licence shall be entitled to fly as pilot-in-command or co-pilot of any aeroplane of a type specified in the aircraft rating included in the licence.

(2) He shall not fly such a gyroplane for the purpose of commercial air transport or aerial work other than aerial work which consists of—

(a)the giving of instruction in flying if his licence includes a flying instructor’s rating or an assistant flying instructor’s rating; or

(b)the conducting of flying tests for the purposes of this Order;

in either case in a gyroplane owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.

(4) He shall not fly as pilot-in-command of such a gyroplane at night unless his licence includes a night rating (gyroplanes) and he has within the immediately preceding 13 months carried out as pilot-in-command not less than 5 take-offs and five landings at a time when the depression of the centre of the sun was not less than 12° below the horizon.

Commercial Pilot’s Licence (Helicopters and Gyroplanes)

Minimum age – 18 years

Maximum period of validity – 10 years

Privileges:

(1) Subject to paragraph (2), the holder of the licence shall be entitled to exercise the privileges of a Private Pilot’s Licence (Helicopters) or a Private Pilot’s Licence (Gyroplanes) which includes respectively either a night rating (helicopters) or a night rating (gyroplanes).

(2) (a) Subject to sub-paragraphs (b) and (c), he shall be entitled to fly as pilot-in-command of any helicopter or gyroplane on which he is so qualified and which is of a type specified in an aircraft rating included in the licence when the helicopter or gyroplane is engaged on a flight for any purpose whatsoever.

(b)(i)He shall not fly such a helicopter on a flight for the purpose of commercial air transport unless it is certificated for single pilot operation.

(ii)He shall not fly such a helicopter at night unless his licence includes an instrument rating, (helicopters) or he has within the immediately preceding 13 months carried out as pilot-in-command not less than 5 flights, each consisting of a take-off, a transition from hover to forward flight, a climb to at least 500 ft and a landing, at a time when the depression of the centre of the sun was not less than 12^o below the horizon.

(iii)He shall not fly such a helicopter on any flight for the purpose of commercial air transport after he attains the age of 60 years unless the helicopter is fitted with dual controls and carries a second pilot who has not attained the age of 60 years and who holds an appropriate licence under this Order entitling him to act as pilot-in-command or co-pilot of that helicopter.

(iv)He shall not unless his licence includes an instrument rating (helicopter) fly as pilot-in-command of such a helicopter in circumstances which require compliance with the Instrument Flight Rules—

(aa)in Class A, B or C airspace at any time; or

(bb)in Class D, E, F or G airspace unless remaining clear of cloud and with the surface in sight.

(v)He shall not—

(aa)fly as pilot-in-command of a helicopter carrying passengers unless he has carried out at least three circuits, each to include take-offs and landings, as pilot flying in a helicopter of the same type or a flight simulator of the helicopter type to be used, in the preceding 90 days; or

(bb)as the holder of a helicopter licence which does not include a valid instrument rating (helicopter) act as pilot-in-command of a helicopter carrying passengers at night unless during the previous 90 days at least one of the take-offs and landings required in sub-paragraph (aa) above has been carried out at night.

(c)(i)He shall not fly such a gyroplane on a flight for the purpose of commercial air transport unless it is certificated for single pilot operation.

(ii)He shall not fly such a gyroplane at night unless he has within the immediately preceding 13 months carried out as pilot-in-command not less than 5 take-offs and 5 landings at a time when the depression of the centre of the sun was not less than 12° below the horizon.

(iii)He shall not fly such a gyroplane on any flight for the purpose of commercial air transport after he attains the age of 60 years unless the gyroplane is fitted with dual controls and carries a second pilot who has not attained the age of 60 years and who holds an appropriate licence under this Order entitling him to act as pilot-in-command or co-pilot of that gyroplane.

(3) (a) Subject to sub-paragraph (b) he shall be entitled to fly as co-pilot of any helicopter or gyroplane of a type specified in an aircraft rating included in the licence when the helicopter or gyroplane is engaged on a flight for any purpose whatsoever.

(b)(i)He shall not unless his licence includes an instrument rating (helicopter) fly as co-pilot of a helicopter flying in circumstances which require compliance with the Instrument Flight Rules—

(aa)in Class A, B or C airspace at any time; or

(bb)in Class D, E, F or G airspace unless remaining clear of cloud and with the surface in sight.

(ii)He shall not as co-pilot serve at the flying controls in a helicopter carrying passengers during take-off and landing unless he has served as a pilot at the controls during take-off and landing in a helicopter of the same type or in a flight simulator of the helicopter type to be used, in the preceding 90 days.

(4) He shall not at any time after he attains the age of 65 years act as pilot-in-command or co-pilot of any helicopter or gyroplane on a flight for the purpose of commercial air transport.

Airline Transport Pilot’s Licence (Helicopters and Gyroplanes)

Minimum age – 21 years

Maximum period of validity – 10 years

Privileges:

The holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot’s Licence (Helicopters and Gyroplanes) except that sub-paragraphs (2)(b)(i) and (2)(c)(i) of those privileges shall not apply.

BALLOON AND AIRSHIP PILOTS

Private Pilot’s Licence (Balloons and Airships)

Minimum age – 17 years

No maximum period of validity

Privileges:

(1) Subject to paragraph (2), the holder of the licence shall be entitled to fly as pilot-in-command of any type of balloon or airship on which he is so qualified and which is specified in an aircraft rating in the licence and co-pilot of any type of balloon or airship specified in such a rating.

(2) (a) He shall not fly such a balloon or airship for the purpose of commercial air transport or aerial work, other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in either case in a balloon or airship owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.

(b)He shall not receive any remuneration for his services as a pilot on a flight other than remuneration for the giving of such instruction or the conducting of such flying tests as are specified in sub-paragraph (a).

(c)He shall not fly such a balloon unless he has within the immediately preceding 13 months carried out as pilot-in-command in a free balloon 5 flights each of not less than 5 minutes duration.

Commercial Pilot’s Licence (Balloons)(1)

Minimum age – 18 years

Maximum period of validity – 10 Years

Privileges:

(1) The holder of the licence shall be entitled to exercise the privileges of a Private Pilot’s Licence (Balloons and Airships).

(2) (a) Subject to sub-paragraph (b), he shall be entitled to fly, when the balloon is flying for any purpose whatsoever, as pilot-in-command or co-pilot of any type of balloon specified in the aircraft rating included in the licence.

(b)He shall not act as pilot-in-command on a flight for the purpose of the commercial air transport of passengers unless he has within the immediately preceding 90 days carried out as pilot-in-command in a free balloon 3 flights each of’ not less than 5 minutes duration.

Commercial Pilot’s Licence (Airships)

Minimum age – 18 years

Maximum period of validity – 10 years

Privileges:

(1) The holder of the licence shall be entitled to exercise the privileges of a Private Pilot’s Licence (Balloons and Airships).

(2) He shall be entitled to fly, when the airship is flying for any purpose whatsoever, as pilot-in-command of any type of airship on which he is so qualified and which is specified in an aircraft rating included in the licence and as co-pilot of any type of airship specified in such a rating.

GLIDER PILOTS

Commercial Pilot’s Licence (Gliders)

Minimum age – 18 years

Maximum period of validity – 10 years

Privileges:

The holder of the licence shall be entitled to fly for any purpose as pilot-in-command or co-pilot of—

(a)any glider of which the maximum total weight authorised does not exceed 680 kg.

(b)any glider of which the maximum total weight authorised exceeds 680 kg and which is of a type specified in the rating included in the licence.

OTHER FLIGHT CREW

Flight Navigator’s Licence

Minimum age – 21 years

Maximum period of validity – 10 years

Privileges:

The holder of the licence shall be entitled to act as flight navigator in any aircraft.

Flight Engineer’s Licence

Minimum age – 21 years

Maximum period of validity – 10 years

Privileges:

The holder of the licence shall be entitled to act as flight engineer in any type of aircraft specified in an aircraft rating included in the licence.

Flight Radiotelephony Operator’s Licence

Minimum age – 16 years

Maximum period of validity – 10 years

Privileges:

The holder of the licence shall be entitled to operate radiotelephony apparatus in any aircraft if the stability of the frequency radiated by the transmitter is maintained automatically but shall not be entitled to operate the transmitter, or to adjust its frequency, except by the use of external switching devices.

Article 134

SCHEDULE 7PENALTIES

PART AProvisions Referred to in Article 134(5)

Article of order	Subject matter
3	Aircraft flying unregistered
5	Aircraft flying with false or incorrect markings
10(1)(a)	Flight without appropriate maintenance
11	Failure to keep a technical log or other log books
12	Flight without a certificate of release to service issued under the Order
13(7) and (8)	Exercise of privileges of aircraft maintenance engineer’s licence whilst unfit
15	Flight without required equipment
16	Flight without required radio equipment
17	Minimum equipment requirements
18	Requirement to weigh aircraft and keep weight schedule
20	Crew requirement
21	Requirement for appropriate licence
23(1), (3) and (4)	Requirement for appropriate certificate of test or experience
24	Requirement for appropriate certificate of test
25(1)	Flight without valid medical certificate
25(5)	Flight in unfit condition
26(1)	Prohibition of flight after failure of test
29	Instruction in flying without appropriate licence and rating
32(3)	Operator’s obligation to obtain fight time records of flight crew
33(2)	Flight crew member’s obligation to inform operator of flight times
34	Flight time limitations
37	Breach of the Rules of the Air
38	Flight in contravention of restriction of flying regulations
39	Flight by balloons, kites, airships, gliders and parascending parachutes
40	Flight by small aircraft
42	Aerodrome operating minima – non-commercial air transport aircraft
43	Requirement for pilot to remain at controls
45	Pre-flight action by pilot-in-command of aircraft
46	Requirement for passenger briefing
49	Requirements for radio station in aircraft to be licensed and for operation of same
50	Requirement for minimum navigation performance equipment
51	Requirement for height keeping performance equipment – aircraft registered in the Territory
52	Requirement for height keeping performance equipment – aircraft registered elsewhere than in the Territory
53	Requirement for area navigation equipment – aircraft registered in the Territory
54	Requirement for area navigation equipment – aircraft registered elsewhere than in the Territory
55	Requirement for an airborne collision avoidance system
56	Use of flight recording systems and presentation of records
60	Carriage of persons in or on any part of an aircraft not designed for that purpose
61 and 62	Requirement for exits and break-in markings
63	Flying displays
66	Operations manual requirement
67	Police operations manual requirement
68	Training programme requirement
70	Operator’s responsibilities in connection with crew
71	Requirements for loading aircraft
72 and 73	Operational restrictions on aeroplanes and helicopters
74	Prohibition on commercial air transport flights at night or in Instrument Meteorological Conditions by single-engined aeroplanes
75	Aerodrome operating minima – commercial air transport aircraft registered in the Territory
76	Aerodrome operating minima – commercial air transport aircraft registered elsewhere than in the Territory
77	Carriage of passengers – additional duties of pilot-in-command.
78	Requirement for aerial work certificate
79	Towing of gliders
80	Towing, picking up and raising of persons and articles by aircraft
81	Dropping of articles and animals from aircraft
82	Dropping of persons
84	Requirement for approval
87	Duty of person in charge to satisfy himself as to competence of controllers
89	Provision of air traffic services
90	Use of radio call signs at aerodromes
91	Requirement for licensing of air traffic controllers
98	Requirement for licensing of flight information service officers
100	Requirement for aerodrome information service manual
101	Use of aeronautical telecommunications service
102	Requirement to keep aeronautical telecommunications service records
103	Requirement for certificated aerodrome
105(5)	Contravention of conditions of aerodrome certificate
110	Use of aeronautical lights
112(1)	Prohibition of dangerous lights
112(2)	Failure to extinguish or screen dangerous lights
114(1) and (3)	Management of aviation fuel at aerodromes
128	Prohibition of smoking in aircraft
129	Requirement to obey lawful commands of aircraft pilot-in-command
130 (a) and (b)	Acting in a disruptive manner
131	Obstruction of persons performing duties under the Order
133	Prohibition of stowaways
139(3), (6) and (9)	Requirement to report occurrences

PART BProvisions Referred to in Article 134(6)

Article of order	Subject matter
7	Flight without a certificate of airworthiness
32(1)	Operator’s obligation to regulate flight times of flight crew
32(2)	Operator’s obligation not to allow flight by crew in dangerous state of fatigue
33(1)	Crew’s obligation not to fly in dangerous state of fatigue
35	Protection of air crew from cosmic radiation
36	Keeping and production of records of exposure to cosmic radiation
41	Operation of aircraft
57	Prohibition of carriage of weapons and munitions of war
58	Prohibition of carriage of dangerous goods
64	Flight for the purpose of commercial air transport without an air operator’s certificate
65	Flight in the service of a police authority without a police air operator’s certificate
86	Provision of an air traffic control service without an approval
96	Prohibition of drunkenness etc of controllers
97	Controller’s obligation not to act in a dangerous state of fatigue
114(4)	Use of aviation fuel which is unfit for use in aircraft
124 (except(3))	Use of false or unauthorised documents and records
125	Endangering safety of aircraft
126	Endangering safety of persons or property
127	Prohibition of drunkenness in aircraft
130(c)	Acting in disruptive manner and intentional interference
135	Restriction of flights for valuable consideration by aircraft registered elsewhere than in the Territory
137	Restriction of flights for aerial photography, aerial survey and aerial work by aircraft registered elsewhere than in the Territory
138	Operators’ or pilot-in-commands’ obligations in respect of flights over any foreign country
139(8)	Making false reports
141	Flight in contravention of direction not to fly

Article 37

SCHEDULE 8RULES OF THE AIR

SECTION I INTERPRETATION
1. 1.Interpretation
SECTION II GENERAL
1. 2.Application of Rules to aircraft
2. 3.Misuse of signals and markings
3. 4.Reporting hazardous conditions
SECTION III LOW FLYING RULE
1. 5.Low flying prohibitions
2. 6.Exemptions from the low flying prohibitions
SECTION IV GENERAL FLIGHT RULES
1. 7.Weather reports and forecasts
2. 8.Avoiding aerial collisions
3. 9.Converging
4. 10.Approaching head-on
5. 11.Overtaking
6. 12.Flight in the vicinity of an aerodrome
7. 13.Order of landing
8. 14.Landing and take-off
9. 15.Aerobatic manoeuvres
10. 16.Right-hand traffic rule
11. 17.Notification of arrival and departure
12. 18.Flight in Class A airspace
13. 19.Flight in Class C Airspace
14. 20.Choice of VFR or IFR
15. 21.Speed limitations
16. 22.Use of radio navigation aids
17. 23.Simulated instrument flight
18. 24.Practice instrument approaches
SECTION V VISUAL FLIGHT RULES
1. 25.Applicability of the Visual Flight Rules
2. 26.Reported visibility
3. 27.Flight within controlled airspace
4. 28.Flight outside controlled airspace
5. 29.VFR flight plan and air traffic control clearance in Class B, Class C or Class D airspace
6. 30.Maintaining continuous watch and complying with air traffic control instructions
7. 31.Exceptions to rules 29 and 30
SECTION VI INSTRUMENT FLIGHT RULES
1. 32.Instrument Flight Rules
2. 33.Minimum height
3. 34.Quadrantal rule and semi-circular rule
4. 35.Flight plan and air traffic control clearance
5. 36.Compliance with air traffic control clearance and notified procedures
6. 37.Position reports
SECTION VII AERODROME TRAFFIC RULES
1. 38.Application of aerodrome traffic rules
2. 39.Visual signals
3. 40.Movement of aircraft on aerodromes
4. 41.Access to and movement of persons and vehicles on aerodromes
5. 42.Right of way on the ground
6. 43.Action to be taken in case of danger of collision on the ground
7. 44.Launching, picking up and dropping of tow ropes, etc.
8. 45.Flights within aerodrome traffic zones
SECTION VIII LIGHTS AND OTHER SIGNALS TO BE SHOWN OR MADE BY AIRCRAFT
1. 46.General
2. 47.Display of lights by aircraft
3. 48.Failure of navigation and anti-collision lights
4. 49.Flying machines at night
5. 50.Gliders at night
6. 51.Free balloons at night
7. 52.Captive balloons and kites at night
8. 53.Captive balloons and kites by day
9. 54.Airships at night
10. 55.Airships by day
SECTION IX AERODROME SIGNALS AND MARKINGS—VISUAL AND AURAL SIGNALS
1. 56.General
2. 57.Signals in the Signals Area
3. 58.Markings for paved runways and taxiways
4. 59.Markings on unpaved manoeuvring areas
5. 60.Signals visible from the ground
6. 61.Lights and pyrotechnic signals for control of aerodrome traffic
7. 62.Marshalling signals (from a marshaller to an aircraft)
8. 63.Marshalling signals (from a pilot of an aircraft to a marshaller)
9. 64.Distress, urgency and safety signals

SECTION IINTERPRETATION

Interpretation

1. In these Rules—

(a)‘air-taxiing’ means flight by a helicopter, or other type of aircraft capable of vertical take-off and landing, above the surface of an aerodrome at a ground speed of less than 20 knots for the purpose of taxiing in accordance with normal aviation practice;

(b)‘air traffic control clearance’ means an authorisation by an air traffic control unit for an aircraft to proceed under conditions specified by that unit;

(c)‘anti-collision light’ means—

(i)in relation to rotorcraft, a flashing red light;

(ii)in relation to any other aircraft, a flashing red or flashing white light;

in either case showing in all directions;

(d)‘Class C ATS route’ means a route notified as such;

(e)‘flight plan’ means a plan containing such information as may be notified in respect of an air traffic control service unit, being information provided or to be provided to that unit which relates to an intended flight, or part of a flight, of an aircraft;

(f)‘flight visibility’ means the visibility forward from the flight deck of an aircraft in flight;

(g)‘ground visibility’ means the horizontal visibility at ground level;

(h)‘IFR flight’ means a flight conducted in accordance with the Instrument Flight Rules in Section 7 of these Rules;

(i)‘runway’ means an area, whether or not paved, which is provided for the take-off or landing of aircraft;

(j)‘simulated instrument flight conditions’ means a flight during which mechanical or optical devices are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft;

(k)‘special VFR flight’ means a flight—

(i)made at any time in a control zone which is Class A airspace; or

(ii)made in any other control zone in either Instrument Meteorological Conditions or at night;

(iii)in respect of which the appropriate air traffic control unit has given permission for the flight to be made in accordance with special instructions given by that unit instead of in accordance with the Instrument Flight Rules; and

(iv)in the course of which the aircraft complies with any instructions given by that unit and the aircraft remains clear of cloud and with the surface in sight;

(l)‘VFR flight’ means a flight conducted in accordance with the Visual Flight Rules in Section 5 of these Rules;

(m)‘with the surface in sight’ means with the flight crew being able to see sufficient surface features or surface illumination to enable the flight crew to maintain the aircraft in a desired attitude without reference to any flight instrument.

SECTION IIGENERAL

Application of Rules to aircraft

2. These Rules, insofar as they apply to aircraft, shall apply—

(a)to all aircraft within the Territory; and

(b)for the purposes of rule 5, to all aircraft in the neighbourhood of an offshore installation; and

(c)to all aircraft registered in the Territory, wherever they may be.

Misuse of signals and markings

3.—(1) A signal or marking which is given a meaning by Section IX or which is required by Section IX to be used in specified circumstances or for a specified purpose shall not be used except with that meaning, in those circumstances or for that purpose.

(2) A person in an aircraft or on an aerodrome or at any place at which an aircraft is taking off or landing shall not—

(a)make any signal which may be confused with a signal specified in Section IX; or

(b)except with lawful authority, make any signal which he knows or ought reasonably to know to be a signal in use for signalling to or from any of Her Majesty’s naval, military or air force aircraft.

(3) Signals prescribed in accordance with general international aeronautical practice for the purposes of search and rescue shall not be used for any purpose other than that intended.

Reporting hazardous conditions

4.—(1) If any aircraft encounters hazardous conditions in the course of a flight, the pilot-in-command of the aircraft shall send to the appropriate air traffic control unit, by the quickest means available to him, information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.

(2) The information shall be sent immediately the aircraft encounters the hazardous conditions or as soon as it is possible to do so afterwards.

SECTION IIILOW FLYING RULE

Low flying prohibitions

5.—(1) Subject to paragraph (2), an aircraft shall comply with the low flying prohibitions in paragraph (3) unless exempted by rule 6.

(2) If an aircraft is flying in circumstances such that more than one of the low flying prohibitions applies, it shall fly at the greatest height required by any of the applicable prohibitions.

(3) The low flying prohibitions are as follows—

(a)Failure of power unit

An aircraft shall not be flown below such height as would enable it to make an emergency landing without causing danger to persons or property on the surface in the event of a power unit failure.

(b)The 500 feet rule

Except with the permission in writing of the Governor, an aircraft shall not be flown closer than 500 feet to any person, vessel, vehicle or structure.

(c)The 1,000 feet rule

Except with the written permission of the Governor, an aircraft flying over a congested area of a city town or settlement shall not fly below a height of 1,000 feet above the highest fixed obstacle within a horizontal radius of 600 metres of the aircraft.

(d)The land clear rule

An aircraft flying over a congested area of a city, town or settlement shall not fly below such height as would permit the aircraft to land clear of the congested area in the event of a power unit failure.

(e)Flying over open air assemblies

Except with the written permission of the Governor, an aircraft shall not fly over an organised open-air assembly of more than 1,000 persons below whichever is the higher of the following heights—

(i)1,000 feet; or

(ii)such height as would permit the aircraft to land clear of the assembly in the event of a power unit failure.

(f)Landing and taking off near open air assemblies

An aircraft shall not land or take-off within 1,000 metres of an organised, open-air assembly of more than 1,000 persons except—

(i)at an aerodrome, in accordance with procedures notified by the Governor; or

(ii)at a landing site which is not an aerodrome, in accordance with procedures notified by the Governor and with the written permission of the organiser of the assembly.

Exemptions from the low flying prohibitions

6. The exemptions from the low flying prohibitions are as follows—

(a)Landing and taking off

(i)Any aircraft shall be exempt from the low flying prohibitions in so far as it is flying in accordance with normal aviation practice for the purpose of—

(aa)taking off from, landing at or practising approaches to landing at; or

(bb)checking navigational aids or procedures at,

a government or certificated aerodrome.

(ii)Any aircraft shall be exempt from the 500 feet rule when landing and taking-off in accordance with normal aviation practice or air-taxiing.

(b)Captive balloons and kites

None of the low flying prohibitions shall apply to any captive balloon or kite.

(c)Special VFR flight and notified routes

(i)Subject to paragraph (ii), any aircraft shall be exempt from the 1,000 feet rule if—

(aa)it is flying on a special VFR flight; or

(bb)it is operating in accordance with the procedures notified for the route being flown.

(ii)Unless the written permission of the Governor has been obtained landings may only be made by an aircraft flying under this exemption at a certificated or Government aerodrome.

(d)Balloons and helicopters over congested areas

(i)A balloon shall be exempt from the 1,000 feet rule if it is landing because it is becalmed.

(ii)Any helicopter flying over a congested area shall be exempt from the land clear rule.

(e)Police air operator’s certificate

Any aircraft flying in accordance with the terms of a police air operator’s certificate shall be exempt from the 500 feet rule, the 1,000 feet rule and the prohibitions on flying over open air assemblies and on landing and taking off near open air assemblies.

(f)Flying displays etc

An aircraft taking part in a flying display shall be exempt from the 500 feet rule if it is within a horizontal distance of 1,000 metres of the gathering of persons assembled to witness the event.

(g)Glider hill-soaring

A glider shall be exempt from the 500 feet rule if it is hill-soaring.

(h)Picking up and dropping at an aerodrome

Any aircraft picking up or dropping tow ropes, banners or similar articles at an aerodrome shall be exempt from the 500 feet rule.

(i)Manoeuvring helicopters

(i)Subject to paragraph (ii), a helicopter shall be exempt from the 500 feet rule if it is conducting manoeuvres, in accordance with normal aviation practice, within the boundaries of a certificated or Government aerodrome or, with the written permission of the Governor, at other sites.

(ii)When flying in accordance with this exemption the helicopter must not be operated closer than 60 metres to any persons, vessels, vehicles or structures located outside the aerodrome or site.

(j)Dropping articles with the permission of the Governor

Any aircraft shall be exempt from the 500 feet rule if it is flying in accordance with—

(i)article 81(3)(f) of this Order; or

(ii)an aerial work certificate granted by the Governor under article 78(2) of this Order.

SECTION IVGENERAL FLIGHT RULES

Weather reports and forecasts

7.—(1) Subject to paragraph (2), immediately before an aircraft flies the pilot-in-command of the aircraft shall examine the current reports and forecasts of the weather conditions on the proposed flight path, in order to determine whether Instrument Meteorological Conditions prevail, or are likely to prevail, during any part of the flight.

(2) Paragraph (1) shall only apply if it is reasonably practicable for the pilot-in-command to obtain current reports and forecasts of the weather conditions on the proposed flight path.

(3) Subject to paragraph (4), an aircraft which is unable to communicate by radio with an air traffic control unit at the aerodrome of destination shall not begin a flight to the aerodrome if—

(a)the aerodrome is within a control zone; and

(b)the weather reports and forecasts which it is reasonably practicable for the pilot-in-command of the aircraft to obtain indicates that it will arrive at that aerodrome when the ground visibility is less than 10 km or the cloud ceiling is less than 1,500 feet.

(4) Paragraph (3) shall not apply if, before take-off, the pilot-in-command of the aircraft has obtained permission from the air traffic control unit at the aerodrome of destination to enter the aerodrome traffic zone.

Avoiding aerial collisions

8.—(1) Notwithstanding that a flight is being made with air traffic control clearance it shall remain the duty of the pilot-in-command of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft.

(2) An aircraft shall not be flown in such proximity to other aircraft as to create a danger of collision.

(3) Subject to paragraph (7), aircraft shall not fly in formation unless the pilots-in-command of the aircraft have agreed to do so.

(4) An aircraft which is obliged by this Section to give way to another aircraft shall avoid passing over or under the other aircraft, or crossing ahead of it, unless passing well clear of it.

(5) Subject to paragraph (7), an aircraft which has the right-of-way under this rule shall maintain its course and speed.

(6) For the purposes of this rule a glider and a flying machine which is towing it shall be considered to be a single aircraft under the command of the pilot-in-command of the flying machine.

(7) Paragraphs (3) and (5) shall not apply to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

Converging

9.—(1) Subject to paragraphs (2) and (3) and to rules 10 and 11, aircraft in the air shall give way to other, converging aircraft as follows—

(a)flying machines shall give way to airships, gliders and balloons;

(b)airships shall give way to gliders and balloons;

(c)gliders shall give way to balloons.

(2) Mechanically driven aircraft shall give way to aircraft which are towing other aircraft or objects.

(3) Subject to paragraph (2), when two aircraft are converging in the air at approximately the same altitude, the aircraft which has the other on its right shall give way.

Approaching head-on

10. When two aircraft are approaching head-on, or approximately so, in the air and there is a danger of collision, each shall alter its course to the right.

Overtaking

11.—(1) Subject to paragraph (3), an aircraft which is being overtaken in the air shall have the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering course to the right.

(2) An aircraft which is overtaking another aircraft shall keep out of the way of the other aircraft until that other aircraft has been passed and is clear, notwithstanding any change in the relative positions of the two aircraft.

(3) A glider overtaking another glider in the Territory may alter its course to the right or to the left.

Flight in the vicinity of an aerodrome

12.—(1) Subject to paragraph (2), a flying machine, glider or airship flying in the vicinity of what the pilot-in-command of the aircraft knows, or ought reasonably to know, to be an aerodrome shall—

(a)conform to the pattern of traffic formed by other aircraft intending to land at that aerodrome or keep clear of the airspace in which the pattern is formed; and

(b)make all turns to the left unless ground signals otherwise indicate.

(2) Paragraph (1) shall not apply if the air traffic control unit at that aerodrome otherwise authorises.

Order of landing

13.—(1) An aircraft landing or on its final approach to land shall have the right-of-way over other aircraft in flight or on the ground or water.

(2) An aircraft shall not cut in front of another aircraft on its final approach to land or overtake that aircraft.

(3) If an air traffic control unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order.

(4) If the pilot-in-command of an aircraft is aware that another aircraft is making an emergency landing, he shall give way to that aircraft.

(5) If the pilot-in-command gives way in the circumstances referred to in paragraph (4) at night then, notwithstanding that he may have previously received permission to land, he shall not attempt to land until he has received further permission to do so.

(6) Subject to paragraphs (2), (3) and (4), if two or more flying machines, gliders or airships are approaching any place for the purpose of landing, the aircraft at the lower altitude shall have the right-of-way.

Landing and take-off

14.—(1) A flying machine, glider or airship shall take off and land in the direction indicated by the ground signals or, if no such signals are displayed, into the wind, unless good aviation practice demands otherwise.

(2) Subject to paragraph (5), a flying machine or glider shall not land on a runway at an aerodrome if there are other aircraft on the runway.

(3) If take-offs and landings are not confined to a runway—

(a)when landing a flying machine or glider shall leave clear on its left any aircraft which has landed, is already landing or is about to take off;

(b)a flying machine or glider which is about to turn shall turn to the left after the pilot-in-command of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and

(c)a flying machine which is about to take off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which has already taken off or is about to take off.

(4) Subject to paragraph (5) a flying machine shall move clear of the landing area as soon as it is possible to do so after landing.

(5) Paragraphs (2) and (4) shall not apply if the air traffic control unit at the aerodrome otherwise authorises the flying machine or glider.

Aerobatic manoeuvres

15. An aircraft shall not carry out any aerobatic manoeuvre—

(a)over the congested area of any city, town or settlement; or

(b)within controlled airspace except with the consent of the appropriate air traffic control unit.

Right-hand traffic rule

16.—(1) Subject to paragraph (2), an aircraft which is flying within the Territory with the surface in sight and following a road, railway, canal or coastline, or any other line of landmarks, shall keep them on its left.

(2) Paragraph (1) shall not apply to an aircraft flying within controlled airspace in accordance with instructions given by the appropriate air traffic control unit.

Notification of arrival and departure

17.—(1) If the pilot-in-command of an aircraft has caused notice of the intended arrival of the aircraft at an aerodrome to be given to the air traffic control unit or other authority at that aerodrome, he shall ensure that the unit or authority is informed as quickly as possible of—

(a)any change of intended destination; and

(b)any estimated delay in arrival of 45 minutes or more.

(2) The pilot-in-command of an aircraft arriving at or departing from an aerodrome in the Territory shall take all reasonable steps to ensure, upon landing or prior to departure, as the case may be, that the person in charge of the aerodrome or the air traffic control unit or flight information service unit at the aerodrome is given notice of the landing or departure.

(3) Before an aircraft of which the maximum total weight authorised exceeds 5,700 kg takes off from an aerodrome in the Territory on a flight with an intended destination more than 40 km from the aerodrome, the pilot-in-command shall cause a flight plan, containing such particulars of the intended flight as may be necessary for search and rescue purposes, to be communicated to the air traffic control unit notified for the purpose of this rule.

Flight in Class A airspace

18.—(1) Subject to paragraphs (2) and (3), the pilot-in-command of an aircraft flying in Visual Meteorological Conditions in Class A airspace shall comply with rules 35, 36 and 37 as if the flight were an IFR flight.

(2) For the purposes of paragraph (1) rule 36(2) shall not apply.

(3) Paragraph (1) shall not apply to the pilot-in-command of a glider which is flying in Class A airspace which is notified for the purpose of this paragraph if the glider is flown in accordance with such conditions as may also be notified for that purpose.

Flight in Class C Airspace

19.—(1) Subject to paragraphs (2) and (3) the pilot-in-command of an aircraft flying in Visual Meteorological Conditions in Class C airspace above flight level 195, or along a Class C ATS route at any level, shall comply with rules 35, 36 and 37 as if the flight were an IFR flight.

(2) For the purposes of paragraph (1) rule 36(2) shall not apply.

(3) Paragraph (1) shall not apply to the pilot-in-command of an aircraft which is flying in accordance with an authorisation issued by the Governor.

Choice of VFR or IFR

20.—(1) Subject to paragraph (2) an aircraft shall always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules.

(2) In the Territory an aircraft flying at night shall—

(a)be flown in accordance with the Instrument Flight Rules outside a control zone;

(b)be flown in accordance with the Instrument Flight Rules in a control zone unless it is flying on a special VFR flight.

Speed limitations

21.—(1) Subject to paragraph (2), an aircraft shall not fly below flight level 100 at a speed which, according to its air speed indicator, is more than 250 knots.

(2) Paragraph (1) shall not apply to—

(a)flights in Class A airspace;

(b)VFR flights or IFR flights in Class B airspace;

(c)IFR flights in Class C airspace;

(d)VFR flights in Class C airspace or VFR flights or IFR flights in Class D airspace when authorised by the appropriate air traffic control unit;

(e)an aircraft taking part in an exhibition of flying for which a permission is required by article 63(1) of this Order, if the flight is made in accordance with the terms of the permission granted to the organiser of the exhibition of flying and in accordance with the conditions of the display authorisation granted to the pilot under article 63(6)(a) of this Order;

(f)the flight of an aircraft flying in accordance with a permit to fly granted under article 9 of the Order; or

(g)an aircraft flying in accordance with a written permission granted by the Governor authorising the aircraft to exceed the speed limit in paragraph (1).

(3) The Governor may grant a permission for the purpose of paragraph (2)(g) subject to such conditions as he thinks fit and either generally or in respect of any aircraft or class of aircraft.

Use of radio navigation aids

22.—(1) Subject to paragraph (2), the pilot-in-command of an aircraft shall not make use of any radio navigation aid without complying with such restrictions and procedures as may be notified in relation to that aid.

(2) The pilot-in-command of an aircraft shall not be required to comply with this rule if—

(a)he is required to comply with rules 35 and 36; or

(b)he is otherwise authorised by an air traffic control unit.

Simulated instrument flight

23.—(1) An aircraft shall not be flown in simulated instrument flight conditions unless the conditions in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are as follows—

(a)the aircraft is fitted with dual controls which are functioning properly;

(b)an additional pilot (in this rule called a ‘safety pilot’) is carried in a second control seat of the aircraft for the purpose of providing assistance to the pilot flying the aircraft; and

(c)if the safety pilot’s field of vision is not adequate, both forwards and to each side of the aircraft, a third person, who is a competent observer, occupies a position in the aircraft from which his field of vision makes good the deficiencies in that of the safety pilot, and from which he can readily communicate with the safety pilot.

Practice instrument approaches

24.—(1) An aircraft shall not carry out an instrument approach practice within the Territory if it is flying in Visual Meteorological Conditions unless the conditions in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are as follows—

(a)the appropriate air traffic control unit has previously been informed that the flight is to be made for the purpose of instrument approach practice; and

(b)if the flight is not being carried out in simulated instrument flight conditions, a competent observer is carried in such a position in the aircraft that he has an adequate field of vision and can readily communicate with the pilot flying the aircraft.

SECTION VVISUAL FLIGHT RULES

Applicability of the Visual Flight Rules

25.—(1) Within controlled airspace rules 27, 29 and 30 shall be the Visual Flight Rules.

(2) Outside controlled airspace rule 28 shall be the Visual Flight Rules.

Reported visibility

26. For the purposes of an aircraft taking off from or approaching to land at an aerodrome within Class B, Class C, or Class D airspace, the visibility, if any, communicated to the pilot-in-command of the aircraft by the appropriate air traffic control unit shall be taken to be the flight visibility for the time being.

Flight within controlled airspace

27.—(1) Subject to paragraphs (2) and (3), an aircraft flying within Class B, Class C, Class D or Class E airspace—

(a)at or above flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km;

(b)below flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km.

(2) An aircraft shall be deemed to have complied with paragraph (1)(b) if—

(a)the aircraft is not a helicopter and it—

(i)flies at or below 3,000 feet above mean sea level;

(ii)flies at a speed which, according to its airspeed indicator, is 140 knots or less; and

(iii)remains clear of cloud, with the surface in sight and in a flight visibility of at least 5 km; or

(b)the aircraft is a helicopter and it—

(i)flies at or below 3,000 feet above mean sea level; and

(ii)remains clear of cloud, with the surface in sight and in a flight visibility of at least 1,500 metres.

(3) Nothing in this rule shall apply to a helicopter that is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

Flight outside controlled airspace

28.—(1) An aircraft flying outside controlled airspace at or above flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km.

(2) Subject to paragraphs (3), (4) and (5), an aircraft flying outside controlled airspace below flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km.

(3) Paragraph (2) shall not apply to an aircraft which—

(a)flies at or below 3,000 feet above mean sea level;

(b)remains clear of cloud with the surface in sight; and

(c)is in a flight visibility of at least 5 km.

(4) Paragraph (2) shall not apply to an aircraft which—

(a)flies at or below 3,000 feet above mean sea level;

(b)flies at a speed which, according to its air speed indicator, is 140 knots or less;

(c)remains clear of cloud with the surface in sight; and

(d)is in a flight visibility of at least 1,500 metres.

(5) Nothing in this rule shall apply to a helicopter which is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

VFR flight plan and air traffic control clearance in Class B, Class C or Class D airspace

29.—(1) Subject to rule 31, before an aircraft flies within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the pilot-in-command of the aircraft shall—

(a)cause to be communicated to the appropriate air traffic control unit a flight plan which complies with paragraphs (2) and (3) (as appropriate); and

(b)obtain an air traffic control clearance to fly within that airspace.

(2) The flight plan shall contain such particulars of the flight as may be necessary to enable the air traffic control unit to issue a clearance and for search and rescue purposes.

(3) The flight plan required for a flight within Territory reduced vertical separation minimum airspace shall also state whether or not the aircraft is equipped with height keeping systems, as required by articles 51 or 52 of this Order.

(4) The pilot-in-command of an aircraft shall not cause a flight plan to be communicated to the appropriate air traffic control unit for VFR flight in Class C airspace above FL195 or along a Class C ATS route at any level unless authorised to do so by the Governor.

Maintaining continuous watch and complying with air traffic control instructions

30.—(1) Subject to rule 31, whilst flying within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the pilot-in-command of an aircraft shall—

(a)cause a continuous watch to be maintained on the notified radio frequency appropriate to the circumstances; and

(b)comply with any instructions which the appropriate air traffic control unit may give.

Exceptions to rules 29 and 30

31.—(1) Rule 29 shall not apply if the aircraft has otherwise been authorised by the appropriate air traffic control unit.

(2) Rules 29(1) and 30 shall not apply to any glider flying or intending to fly in Class B airspace notified for the purpose of this paragraph.

(3) Rules 29(1) and 30 shall not apply to any glider which—

(a)flies during the day;

(b)is in controlled airspace notified for the purpose of this paragraph; and

(c)remains at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km.

(4) Rules 29(1) and 30 shall not apply to any mechanically driven aircraft without radio equipment if—

(a)it flies during the day;

(b)it is in controlled airspace notified for the purpose of this paragraph;

(c)it remains at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km; and

(d)its pilot-in-command has previously obtained the permission of the appropriate air traffic control unit to fly within the controlled airspace.

SECTION VIINSTRUMENT FLIGHT RULES

Instrument Flight Rules

32.—(1) For flights within controlled airspace rules 33, 34, 35, 36 and 37 shall be the Instrument Flight Rules.

(2) For flights outside controlled airspace rules 33 and 34 shall be the Instrument Flight Rules.

Minimum height

33.—(1) Subject to paragraphs (2) and (3), an aircraft shall not fly at a height of less than 1,000 feet above the highest obstacle within a distance of 5 nautical miles of the aircraft unless—

(a)it is necessary for the aircraft to do so in order to take off or land;

(b)the aircraft flies on a route notified for the purposes of this rule;

(c)the aircraft has been otherwise authorised by the competent authority in relation to the area over which the aircraft is flying; or

(d)the aircraft flies at an altitude not exceeding 3,000 feet above mean sea level and remains clear of cloud and with the surface in sight and in a flight visibility of at least 800 metres.

(2) The aircraft shall comply with rule 5.

(3) Paragraph (1) shall not apply to a helicopter that is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

Quadrantal rule and semi-circular rule

34.—(1) Subject to paragraphs (2) and (3), an aircraft in level flight above 3,000 feet above mean sea level or above the appropriate transition altitude, whichever is the higher, shall be flown at a level appropriate to its magnetic track, in accordance with Table 1 or Table 2, as appropriate.

(2) For the purposes of paragraph (1), the level of flight shall be measured by an altimeter set—

(a)in the case of a flight over the Territory, to a pressure setting of 1013.2 hectopascals; or

(b)in the case of any other flight, according to the system published by the competent authority in relation to the area over which the aircraft is flying.

(3) An aircraft may be flown at a level other than the level required by paragraph (1) if it flies—

(a)in conformity with instructions given by an air traffic control unit;

(b)in accordance with notified en-route holding patterns; or

(c)in accordance with holding procedures notified in relation to an aerodrome.

(4) For the purposes of this rule ‘transition altitude’ means the altitude which is notified in relation to flights over notified areas.

Table 1—Flights At Levels Below 19,500 Feet

Magnetic Track	Cruising Level
Less than 90°	Odd thousands of feet
90° but less than 180°	Odd thousands of feet + 500 feet
180° but less than 270°	Even thousands of feet
270° but less than 360°	Even thousands of feet + 500 feet

Table 2—Flights At Levels Above 19,500 Feet

Magnetic Track	Cruising Level
Less than 180°	21,000 feet
	23,000 feet
	25,000 feet
	27,000 feet
	29,000 feet
	31,000 feet
	33,000 feet
	35,000 feet
	37,000 feet
	39,000 feet
	41,000 feet or higher levels at intervals of 4,000 feet
180° but less than 360°	20,000 feet
	22,000 feet
	24,000 feet
	26,000 feet
	28,000 feet
	30,000 feet
	32,000 feet
	34,000 feet
	36,000 feet
	38,000 feet
	40,000 feet
	43,000 feet or higher levels at intervals of 4,000 feet

Flight plan and air traffic control clearance

35.—(1) Before an aircraft either takes off from a point within any controlled airspace or otherwise flies within any controlled airspace the pilot-in-command of the aircraft shall—

(a)send or transmit a flight plan complying with paragraph (2) to the appropriate air traffic control unit; and

(b)obtain an air traffic control clearance based on that flight plan.

(2) The flight plan shall—

(a)contain such particulars of the intended flight as may be necessary to enable the air traffic control unit to issue an air traffic control clearance and for search and rescue purposes; and

(b)for a flight within Territory reduced vertical separation minimum airspace, also state whether or not the aircraft is equipped with height keeping systems as required by articles 51 and 52 of this Order.

(3) Unless he has requested the appropriate air traffic control unit to cancel his flight plan, the pilot-in-command of the aircraft shall forthwith inform that unit when the aircraft lands within or leaves the controlled airspace.

Compliance with air traffic control clearance and notified procedures

36.—(1) Subject to paragraph (2), the pilot-in-command of the aircraft shall fly in conformity with—

(a)the air traffic control clearance issued for the flight, as amended by any further instructions given by an air traffic control unit; and, unless he is otherwise authorised by the appropriate air traffic control unit,

(b)the instrument departure procedures notified in relation to the aerodrome of departure; and

(c)the holding and instrument approach procedures notified in relation to the aerodrome of destination.

(2) The pilot-in-command of the aircraft shall not be required to comply with paragraph (1) if—

(a)he is able to fly in uninterrupted Visual Meteorological Conditions for so long as he remains in controlled airspace; and

(b)he has informed the appropriate air traffic control unit of his intention to continue the flight in compliance with Visual Flight Rules and has requested that unit to cancel his flight plan.

(3) If any deviation is made from the provisions of paragraph (2) for the purpose of avoiding immediate danger the pilot-in-command of the aircraft shall inform the appropriate air traffic control unit of the deviation as soon as possible.

Position reports

37. The pilot-in-command of an aircraft in IFR flight who flies in or is intending to enter controlled airspace shall report to the appropriate air traffic control unit the time, position and level of the aircraft at such reporting points or at such intervals of time as may be notified for this purpose or as may be directed by the air traffic control unit.

SECTION VIIAERODROME TRAFFIC RULES

Application of aerodrome traffic rules

38. The rules in this Section which expressly apply to flying machines shall also be observed, so far as is practicable, by all other aircraft.

Visual signals

39.—(1) Subject to paragraph (2), the pilot-in-command of a flying machine on, or in the pattern of traffic flying at, an aerodrome shall—

(a)observe such visual signals as may be displayed at or directed to him from the aerodrome by the authority of the person in charge of the aerodrome; and

(b)obey any instructions which may be given to him by means of such signals.

(2) The pilot-in-command of a flying machine shall not be required to obey such signals if it is inadvisable to do so in the interests of safety.

Movement of aircraft on aerodromes

40. An aircraft shall not taxi or air-taxi on the apron or the manoeuvring area of an aerodrome without the permission of either—

(a)the person in charge of the aerodrome; or

(b)the air traffic control unit or aerodrome flight information service unit notified as being on watch at the aerodrome.

Access to and movement of persons and vehicles on aerodromes

41.—(1) Unless there is a public right of way over it, a person or vehicle shall—

(a)not go onto any part of an aerodrome without the permission of the person in charge of that part of the aerodrome; and

(b)comply with any conditions subject to which that permission may be granted.

(2) A person or vehicle shall—

(a)not go onto or move on the manoeuvring area of an aerodrome which has an air traffic control unit or an aerodrome flight information service unit without the permission of that unit; and

(b)comply with any conditions subject to which that permission may be granted.

(3) Any permission granted for the purposes of this rule may be granted whether in respect of persons or vehicles generally, or in respect of any particular person or vehicle or any class of person or vehicle.

Right of way on the ground

42.—(1) This rule shall apply to flying machines and vehicles on any part of a land aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome.

(2) Notwithstanding any air traffic control clearance it shall remain the duty of the pilot-in-command of a flying machine to take all possible measures to ensure that his flying machine does not collide with any other aircraft or vehicle.

(3) Flying machines and vehicles shall give way to aircraft which are taking off or landing.

(4) Vehicles and flying machines which are not taking off or landing shall give way to vehicles towing aircraft.

(5) Vehicles which are not towing aircraft shall give way to aircraft.

Action to be taken in case of danger of collision on the ground

43.—(1) Subject to rules 42 and 14(3), this rule shall apply if there is any danger of collision between two flying machines on the ground.

(2) If the two flying machines are approaching head-on, or approximately so, each shall alter its course to the right.

(3) If the two flying machines are on converging courses, the flying machine which has the other flying machine on its right shall give way to that other flying machine and shall avoid crossing ahead of it unless passing well clear of it.

(4) A flying machine which is being overtaken by another flying machine shall have the right-of-way over the flying machine overtaking it.

(5) A flying machine which is overtaking another flying machine shall keep out of the way of the other flying machine by altering its course to the left until that other flying machine has been passed and is clear, notwithstanding any change in the relative positions of the two flying machines.

(6) A vehicle shall—

(a)overtake another vehicle on the right hand side of that vehicle ; and

(b)keep to the left when passing another vehicle which is approaching head-on or approximately so.

Launching, picking up and dropping of tow ropes, etc.

44.—(1) Tow ropes, banners or similar articles towed by aircraft shall not be launched at an aerodrome except in accordance with arrangements made with—

(a)the air traffic control unit at the aerodrome; or

(b)if there is no such unit, the person in charge of the aerodrome.

(2) Tow ropes, banners or similar articles towed by aircraft shall not be picked up by or dropped from aircraft at an aerodrome except—

(a)in accordance with arrangements made with the air traffic control unit at the aerodrome or, if there is no such unit, with the person in charge of the aerodrome; or

(b)in the area designated by the marking described in rule 59(9), but only when the aircraft is flying in the direction appropriate for landing.

Flights within aerodrome traffic zones

45.—(1) Paragraphs (2) and (3) shall apply only in relation to those aerodromes described in Column 1 of Table 3 as are notified for the purposes of this rule and at such times as are specified in Column 2 of the Table.

Table 3

Column 1	Column 2
(a) A Government aerodrome	At such times as are notified
(b) An aerodrome having an air traffic control unit or flight information service unit	During the notified hours of watch of the air traffic control unit or the flight information service unit
(c) A certificated aerodrome having a means of two-way radio communication with aircraft	During the notified hours of watch of the air/ground station

(2) An aircraft shall not fly, take off or land within the aerodrome traffic zone of an aerodrome unless the pilot-in-command of the aircraft has complied with paragraphs (3), (4) or (5), as appropriate.

(3) If the aerodrome has an air traffic control unit the pilot-in-command shall obtain the permission of the air traffic control unit to enable the flight to be conducted safely within the zone.

(4) If the aerodrome has a flight information service unit the pilot-in-command shall obtain information from the flight information service unit to enable the flight to be conducted safely within the zone.

(5) If there is no flight information service unit at the aerodrome the pilot-in-command shall obtain information from the air/ground communication service to enable the flight to be conducted safely within the zone.

(6) The pilot-in-command of an aircraft flying within the aerodrome traffic zone of an aerodrome shall—

(a)cause a continuous watch to be maintained on the appropriate radio frequency notified for communications at the aerodrome; or

(b)if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means; and

(c)if the aircraft is fitted with means of communication by radio with the ground, communicate his position and height to the air traffic control unit, the flight information service unit or the air/ground communication service at the aerodrome (as the case may be) on entering the zone and immediately prior to leaving it.

SECTION VIIILIGHTS AND OTHER SIGNALS TO BE SHOWN OR MADE BY AIRCRAFT

General

46.—(1) For the purposes of this Section the horizontal plane of a light shown by an aircraft means the plane which would be the horizontal plane passing through the source of that light if the aircraft were in level flight.

(2) If it is necessary to fit more than one lamp in order to show a light required by this Section because of the physical construction of an aircraft, the lamps shall be so fitted and constructed that, so far as is reasonably practicable, not more than one such lamp is visible from any one point outside the aircraft.

(3) If a light is required by this Section to show through specified angles in the horizontal plane, the lamps giving such light shall be so constructed and fitted that the light is visible—

(a)from any point in any vertical plane within those angles throughout angles of 90° above and below the horizontal plane; but

(b)so far as is reasonably practicable, through no greater angle, either in the horizontal plane or the vertical plane.

(4) If a light is required by this Section to show in all directions, the lamps giving such light shall be so constructed and fitted that, so far as is reasonably practicable, the light is visible from any point in the horizontal plane and on any vertical plane passing through the source of that light.

(5) Notwithstanding the provisions of this Section the pilot-in-command of an aircraft may switch off or reduce the intensity of any flashing light fitted to the aircraft if such a light does or is likely to—

(a)adversely affect the performance of the duties of any member of the flight crew; or

(b)subject an outside observer to unreasonable dazzle.

Display of lights by aircraft

47.—(1) During the night an aircraft shall—

(a)display such of the lights specified in this Section as it is required by this Section; and

(b)subject to rule 49(6), not display any other lights which might obscure or otherwise impair the visibility of, or be mistaken for, such lights.

(2) Subject to rule 48(4) an aircraft fitted with an anti-collision light shall display that light in flight during the day.

(3) A flying machine on a Territory aerodrome shall—

(a)during the night display either the lights which it would be required to display when flying or the lights specified in rule 49(5)(c) unless it is stationary on the apron or on that part of the aerodrome provided for the maintenance of aircraft; and

(b)during the day and night and subject to paragraph (4), display a red anti-collision light, if it is fitted with one, when it is stationary on the apron with engines running.

(4) A helicopter to which article 66 applies may, when stationary on an offshore installation, switch off the anti-collision light required to be shown by paragraph (3)(b) as long as that is done in accordance with a procedure contained in the operations manual of the helicopter as a signal to ground personnel that it is safe to approach the helicopter for the purpose of embarkation or disembarkation of passengers or the loading or unloading of cargo.

Failure of navigation and anti-collision lights

48.—(1) Paragraphs (2), (3) and (4) shall apply to aircraft in the Territory.

(2) An aircraft shall not depart from an aerodrome if there is a failure of any light which these Rules require to be displayed at night and the light cannot be immediately repaired or replaced.

(3) Subject to paragraph (4), if the aircraft is in flight and any such light as is referred to in paragraph (2) fails and cannot be immediately repaired or replaced, the aircraft shall land as soon as it can safely do so, unless authorised by the appropriate air traffic control unit to continue its flight.

(4) An aircraft may continue to fly during the day in the event of a failure of an anti-collision light on the flight as long as the light is repaired at the earliest practicable opportunity.

Flying machines at night

49.—(1) Subject to paragraph (6), a flying machine flying at night shall display lights in accordance with paragraphs (2), (3) or (4), as appropriate.

(2) In the case of—

(a)a flying machine registered in the Territory which has a maximum total weight authorised of more than 5,700 kg; or

(b)any other flying machine registered in the Territory which conforms to a type first issued with a type certificate on or after 1st April 1988,

the flying machine shall display the system of lights specified in paragraph 5(b).

(3) A flying machine registered in the Territory which—

(a)conforms to a type first issued with a type certificate before 1st April 1988; and

(b)has a maximum total weight authorised of 5,700 kg or less,

shall display the system of lights specified in—

(i)paragraph (5)(a); or

(ii)paragraph (5)(b); or

(iii)paragraph (5)(d), but excluding sub-paragraph (ii) of that paragraph.

(4) In the case of any other flying machine, one of the systems of lights specified in paragraph (5) shall be displayed.

(5) The systems of lights referred to in paragraphs (2), (3) and (4) are as follows—

(a)A steady green light of at least five candela showing to the starboard side through an angle of 110° from dead ahead in the horizontal plane; a steady red light of at least five candela showing to the port side through an angle of 110° from dead ahead in the horizontal plane; and a steady white light of at least three candela showing through angles of 70° from dead astern to each side in the horizontal plane;

(b)the lights specified in sub-paragraph (a) and an anti-collision light;

(c)the lights specified in sub-paragraph (a), but all being flashing lights (rather than steady lights) flashing together;

(d)the lights specified in sub-paragraph (a), but all being flashing lights (rather than steady lights) flashing together in alternation with one or both of the following—

(i)a flashing white light of at least twenty candela showing in all directions;

(ii)a flashing red light of at least twenty candela showing through angles of 70° from dead astern to each side in the horizontal plane.

(6) If the lamp showing either the red or the green light specified in paragraph (5)(a) is fitted more than 2 metres from the wing tip, another lamp may be fitted at the wing tip to indicate its position showing a steady light of the same colour through the same angle.

Gliders at night

50. A glider flying at night shall display either a steady red light of at least five candela, showing in all directions, or lights in accordance with rule 49(5) and (6).

Free balloons at night

51. A free balloon flying at night shall display a steady red light of at least five candela showing in all directions, suspended not less than 5 metres and not more than 10 metres below the basket, or if there is no basket, below the lowest part of the balloon.

Captive balloons and kites at night

52.—(1) A captive balloon or kite flying at night at a height exceeding 60 metres above the surface shall display lights in accordance with paragraphs (2), (3) and (4).

(2) A group of two steady lights shall be displayed consisting of a white light placed 4 metres above a red light, both being of at least five candela and showing in all directions, the white light being placed not less than 5 metres nor more than 10 metres below the basket or, if there is no basket, below the lowest part of the balloon or kite.

(3) On the mooring cable of the balloon or kite, at intervals of not more than 300 metres measured from the group of lights specified in paragraph (2), there shall be displayed—

(a)groups of two lights of the colour and power and in the relative positions specified in paragraph (2); and

(b)if the lowest group of lights is obscured by cloud, an additional group of such lights below the cloud base.

(4) On the surface of the ground there shall be displayed a group of three flashing lights arranged—

(a)in a horizontal plane at the apexes of a triangle, approximately equilateral, each side of which measures at least 25 metres;

(b)so that one side of the triangle shall be approximately at right angles to the horizontal projection of the cable and shall be delimited by two red lights; and

(c)so that the third light shall be a green light, placed so that the triangle encloses the object on the surface to which the balloon or kite is moored.

Captive balloons and kites by day

53.—(1) A captive balloon flying by day at a height exceeding 60 metres above the surface shall have attached to its mooring cable tubular streamers which are—

(a)not less than 40 centimetres in diameter and 2 metres in length; and

(b)marked with alternate bands of red and white 50 centimetres wide at intervals of not more than 200 metres measured from the basket or, if there is no basket, from the lowest part of the balloon.

(2) A kite flying by day at a height exceeding 60 metres above the surface shall have attached to its mooring cable either—

(a)tubular streamers as specified in paragraph (1); or

(b)at intervals of not more than 100 metres measured from the lowest part of the kite, streamers not less than 80 centimetres long and 30 centimetres wide at their widest point, marked with alternate bands of red and white 10 centimetres wide.

Airships at night

54.—(1) Except as provided in paragraph (2), an airship flying at night shall display the following lights—

(a)a steady white light of at least five candela showing through angles of 110° from dead ahead to each side in the horizontal plane;

(b)a steady green light of at least five candela showing to the starboard side through an angle of 110° from dead ahead in the horizontal plane;

(c)a steady red light of at least five candela showing to the port side through an angle of 110° from dead ahead in the horizontal plane;

(d)a steady white light of at least five candela showing through angles of 70° from dead astern to each side in the horizontal plane; and

(e)an anti-collision light.

(2) Subject to paragraph (5), an airship flying at night in any of the circumstances referred to in paragraph (3) shall display the lights specified in paragraph (4).

(3) The circumstances are as follows—

(a)if the airship is not under command; or

(b)has voluntarily stopped its engines, or

(c)is being towed.

(4) The lights specified are the following lights—

(a)the white lights specified in paragraph (1)(a) and (d);

(b)two steady, red lights, each of at least five candela, showing in all directions, suspended below the control car so that one is at least 4 metres above the other and at least 8 metres below the control car; and

(c)if the airship is making way but not otherwise, the green and red lights specified in paragraph (1)(b) and (c).

(5) An airship picking up its moorings at night shall display the lights specified in paragraph (1).

(6) An airship moored to a mooring mast within the Territory at night shall display, at or near the rear of the airship, a steady, white light of at least five candela showing in all directions.

(7) An airship moored otherwise than to a mooring mast within the Territory at night shall display—

(a)a white light of at least five candela showing through angles of 110° from dead ahead to each side in the horizontal plane; and

(b)a white light of at least five candela showing through angles of 70° from dead astern to each side in the horizontal plane.

Airships by day

55.—(1) An airship flying during the day in any of the circumstances referred to in paragraph (2) shall display two black balls suspended below the control car so that one is at least 4 metres above the other and at least 8 metres below the control car.

(2) The circumstances are as follows—

(a)if the airship is not under command;

(b)if it has voluntarily stopped its engines; or

(c)if it is being towed.

(3) For the purposes of this rule and rule 54—

(a)an airship shall be deemed not to be under command when it is unable to execute a manoeuvre which it may be required to execute by these Rules; and

(b)an airship shall be deemed to be making way when it is not moored and is in motion.

SECTION IXAERODROME SIGNALS AND MARKINGS—VISUAL AND AURAL SIGNALS

General

56.—(1) Within the Territory any signal or marking which is specified in this Section and which is given or displayed—

(a)by any person in an aircraft; or

(b)at an aerodrome; or

(c)at any other place which is being used by aircraft for landing or take-off,

shall have the meaning assigned to it in this Section.

(2) Apart from those referred to in rule 60(6) and the distances at which markings must be placed, all dimensions of signals or markings specified in this Section of these Rules shall be subject to a tolerance of 10 per cent, plus or minus.

Signals in the Signals Area

57.—(1) Whenever any signal specified in this rule is displayed it shall be placed in a signals area, which shall be a square visible from all directions bordered by a white strip 30 centimetres wide and with the internal sides measuring 12 metres.

(2) A white landing T, as illustrated in this paragraph,

signifies that aeroplanes and gliders taking off or landing shall do so in a direction parallel with the shaft of the T and towards the cross arm, unless otherwise authorised by the appropriate air traffic control unit.

(3) A white disc 60 centimetres in diameter displayed alongside the cross arm of the T and in line with the shaft of the T, as illustrated in this paragraph,

signifies that the direction of landing and take off do not necessarily coincide.

(4) A white dumb-bell, as illustrated in this paragraph,

signifies that movements of aeroplanes and gliders on the ground shall be confined to paved, metalled or similar hard surfaces.

(5) A white dumb-bell, as described in paragraph (4), but with a black strip 60 centimetres wide across each disc at right angles to the shaft of the dumb-bell, as illustrated in this paragraph,

signifies that aeroplanes and gliders taking off or landing shall do so on a runway but that movement on the ground is not confined to paved, metalled or similar hard surfaces.

(6) A red and yellow striped arrow, as illustrated in this paragraph,

the shaft of which is one metre wide and which is placed along the whole or a total of 11 metres of two adjacent sides of the signals area, and pointing in a clockwise direction, signifies that a right-hand circuit is in force.

(7) A red panel 3 metres square with a yellow strip along one diagonal 50 centimetres wide, as illustrated in this paragraph,

signifies that the state of the manoeuvring area is poor and pilots must exercise special care when landing.

(8) A red panel 3 metres square with a yellow strip 50 centimetres wide along each diagonal, as illustrated in this paragraph,

signifies that the aerodrome is unsafe for the movement of aircraft and that landing on the aerodrome is prohibited.

(9) A white letter H, as illustrated in this paragraph,

signifies that helicopters shall take off and land only within the area designated by the marking specified in rule 59(7).

(10) A red letter L displayed on the dumb-bell specified in paragraphs (4) and (5), as illustrated in this paragraph,

signifies that light aircraft are permitted to take off and land either on a runway or on the area designated by the marking specified in rule 59(8).

(11) A white double cross, as illustrated in this paragraph,

signifies that glider flying is in progress.

Markings for paved runways and taxiways

58.—(1) Two or more white crosses, as illustrated in this paragraph,

displayed on a runway or taxiway, with each arm of each cross at an angle of 45° to the centre line of the runway, at intervals of not more than 300 metres signify that the section of the runway or taxiway marked by them is unfit for the movement of aircraft.

(2) Subject to paragraph (3), two yellow broken lines and two continuous lines, as illustrated

in this paragraph, signify the designated visual holding position associated with a runway beyond which no part of a flying machine or vehicle shall project in the direction of the runway without permission from the air traffic control unit at the aerodrome during the notified hours of watch of that unit.

(3) Outside the notified hours of watch of that unit or where there is no air traffic control unit at the aerodrome the markings referred to in paragraph (2) signify the position closest to the runway beyond which no part of a flying machine or vehicle shall project in the direction of the runway when the flying machine or vehicle is required by virtue of rule 42(3) to give way to aircraft which are taking off from or landing on that runway.

(4) Subject to paragraph (5), a yellow marking, as illustrated in this paragraph,

signifies a holding position other than that closest to the runway beyond which no part of a flying machine or vehicle shall project in the direction of the runway without permission from the air traffic control unit at the aerodrome during the notified hours of watch of that unit.

(5) Outside the notified hours of watch of that unit or where there is no air traffic control unit at the aerodrome the marking referred to in paragraph (4) may be disregarded.

(6) Orange and white markers, as illustrated in this paragraph,

spaced no more than 15 metres apart, signify the boundary of that part of a paved runway, taxiway or apron which is unfit for the movement of aircraft.

Markings on unpaved manoeuvring areas

59.—(1) Markers with orange and white stripes of an equal width of 50 centimetres, with an orange stripe at each end, alternating with flags 60 centimetres square showing equal orange and white triangular areas, spaced not more than 90 metres apart as illustrated in this paragraph,

indicate the boundary of an area unfit for the movement of aircraft.

(2) One or more white crosses, as specified in rule 58(1), also indicate such an area as is referred to in paragraph (1).

(3) Striped markers, as specified in paragraph (1), spaced not more than 45 metres apart, indicate the boundary of an aerodrome.

(4) On structures markers with orange and white vertical stripes, of an equal width of 50 centimetres, with an orange stripe at each end, spaced not more than 45 metres apart, as illustrated in this paragraph,

indicate the boundary of an aerodrome.

(5) The pattern of the marker referred to in paragraph (4) shall be visible from inside and outside the aerodrome and the marker shall be affixed not more than 15 centimetres from the top of the structure.

(6) White, flat, rectangular markers 3 metres long and 1 metre wide, at intervals not exceeding 90 metres, flush with the surface of an unpaved runway or stopway, indicate the boundary of the unpaved runway or stopway.

(7) A white letter H, as illustrated in this paragraph,

indicates an area which shall be used only for the taking off and landing of helicopters.

(8) A white letter L, as illustrated in this paragraph,

indicates a part of the manoeuvring area which shall be used only for the taking off and landing of light aircraft.

(9) A yellow cross with two arms each 6 metres long by 1 metre wide at right angles, indicates that tow ropes, banners and similar articles towed by aircraft shall only be picked up and dropped in the area in which the cross is placed.

(10) A white double cross, as illustrated in this paragraph,

indicates an area which shall be used only for the taking off and landing of gliders.

(11) Subject to paragraph (12) a white landing T, as specified in rule 57(2), placed at the left-hand side of the runway (when viewed from the direction of landing) indicates the runway to be used for take-off and landing.

(12) The white landing T referred to in paragraph (11), when placed at an aerodrome with no runway, indicates the direction for take-off and landing.

Signals visible from the ground

60.—(1) A black ball, 60 centimetres in diameter, suspended from a mast signifies that the directions of take off and landing are not necessarily the same.

(2) A chequered flag or board, 1.2 metres by 90 centimetres, containing 12 equal squares, 4 horizontally and 3 vertically, coloured red and yellow alternately, signifies that aircraft may move on the manoeuvring area and apron only in accordance with the permission of the air traffic control unit at the aerodrome.

(3) Two red balls, 60 centimetres in diameter, positioned vertically one above the other, 60 centimetres apart and suspended from a mast, signify that glider flying is in progress at the aerodrome.

(4) Black, Arabic numerals in two-figure groups and, where parallel runways are provided, the letter or letters L (left), LC (left centre), C (centre), RC (right centre) and R (right), placed against a yellow background, indicate the direction for take-off or the runway in use.

(5) A black letter C against a yellow background, as illustrated in this paragraph,

indicates the position at which a pilot can report to the air traffic control unit or to the person in charge of the aerodrome.

(6) A rectangular green flag of not less than 60 centimetres square and not more than 66 centimetres square, flown from a mast, indicates that a right-hand circuit is in force.

Lights and pyrotechnic signals for control of aerodrome traffic

61. Each signal described in column 1 of Table 4 shall have the meanings respectively appearing in columns 2, 3 and 4 of the Table in the circumstances specified in the second row of the Table.

Table 4—Meaning Of Lights And Pyrotechnic Signals

Column 1	Column 2	Column 3	Column 4
Characteristic and colour of light beam or pyrotechnic	Directed from an aerodrome to an aircraft in flight	Directed from an aerodrome to an aircraft or vehicle on the aerodrome	Directed from an aircraft in flight to an aerodrome
(a) Continuous red light.	Give way to other aircraft and continue circling.	Stop.	—
(b) Red pyrotechnic light, or red flare.	Do not land; wait for permission.	—	Immediate assistance is required.
(c) Red flashes.	Do not land; aerodrome not available for landing.	Move clear of landing area.	—
(d) Green flashes.	Return to aerodrome; wait for permission to land.	To an aircraft: you may move on the manoeuvring area and apron. To a vehicle: you may move on the manoeuvring area.	—
(e) Continuous green light.	You may land.	You may take off (not applicable to a vehicle).	—
(f) Continuous green light, or green flashes, or green pyrotechnic light.	—	—	By night: May I land? By day: May I land from direction different from that indicated by landing T?
(g) White flashes.	Land at the aerodrome after receiving continuous green light, and then, after receiving green flashes, proceed to the apron.	Return to starting point on the aerodrome.	I am compelled to land.
(h) White pyrotechnic lights. Switching on and off the navigation lights. Switching on and off the landing lights.	—	—	I am compelled to land.

Marshalling signals (from a marshaller to an aircraft)

62.—(1) Each of the signals for the guidance of aircraft manoeuvring on or off the ground, described in column 1 of Table 5 and as illustrated in column 3, when given by a marshaller to an aircraft, shall have the meanings specified in column 2 of the Table.

(2) By day any such signals shall be given by hand or by circular bats and by night shall be given by torches or by illuminated wands.

Table 5—Meaning of Marshalling Signals (from a marshaller to an aircraft)

Column 1	Column 2	Column 3
Description of Signal	Meaning of signal	Illustration of signal
1. Raise right hand above head level with wand pointing up; move left-hand wand pointing down toward body.	Wingwalker/guide —This signal provides an indication by a person positioned at the aircraft wing tip, to the pilot/marshaller/ push-back operator, that the aircraft movement on/off a parking position would be unobstructed.
2. Raise fully extended arms straight above head with wands pointing up	Identify gate
3. Point both arms upward, move and extend arms outward to sides of body and point with wands to direction of next signalman or taxi area.	Proceed to next signalman or as directed by tower/ground control
4. Bend extended arms at elbows and move wands up and down from chest height to head.	Straight ahead
5(a) With right arm and wand extended at a 90-degree angle to body, make “come ahead” signal with left hand. The rate of signal motion indicates to pilot the rate of aircraft turn.	Turn left (from pilot’s point of view)
5(b) With left arm and wand extended at a 90-degree angle to body, make “come ahead” signal with right hand. The rate of signal motion indicates to pilot the rate of aircraft turn.	Turn right (from pilot’s point of view)
6(a) Fully extend arms and wands at a 90-degree angle to sides and slowly move to above head until wands cross.	Normal stop
6(b) Abruptly extend arms and wands to top of head, crossing wands.	Emergency stop
7(a) Raise hand just above shoulder height with open palm. Ensuring eye contact with flight crew, close hand into a fist. Do Not move until receipt of “thumbs up” acknowledgement from flight crew.	Set brakes
7(b) Raise hand just above shoulder height with hand closed in a fist. Ensuring eye contact with flight crew, open palm. Do not move until receipt of “thumbs up” acknowledgement from crew.	Release brakes
8(a) With arms and wands fully extending above head, move wands inwards in a “jabbing” motion until wands touch. Ensure acknowledgement is received from flight crew.	Chocks inserted
8(b) With arms and wands fully extended above head, move wands outward in “jabbing” motion. Do not remove chocks until authorised by crew.	Chocks removed
9. Raise right arm to head level with wand pointing up and start a circular motion with hand; at the same time, with left arm raised above head level, point to engine to be started.	Start engine(s)
10. Extend arm with wand forward of body at shoulder level; move hand and want to top of left shoulder and draw wand to top of right shoulder in a slicing motion across throat.		Cut engine(s)
11. Move extended arms downwards in a “patting” gesture, moving wands up and down from waist to knees.		Slow down
12. With arms down and wands toward ground, wave either right or left wand up and down indicating engine(s) on left or right side respectively should be slowed down.		Slow down engine(s) on indicated side
13. With arms in front of body at waist height, rotate arms in a forward motion. To stop rearward movement, use signal 6(a) or 6(b).		Move Back
14(a) Point left arm with wand down and bring right arm from overhead vertical position to horizontal forward position, repeating right-arm movement.		Turns while backing (for tail to starboard)
14(b) Point right arm with wand down and bring left arm from overhead vertical position to horizontal position, repeating left-arm movement.		Turns while backing (for tail to port)
15. Raise right arm to head level with wand pointing up or display hand with “thumbs up”; left arm remains at side by knee.		Affirmative/all clear—This signal is also used as a technical/servicing communication signal.
16. Fully extend arms and wands at a 90-degree angle to sides.		Hover
17. Fully extend arms and wands at a 90-degree angle to sides and, with palms turned up, move hands upwards. Speed of movement indicates rate of ascent.		Move upwards
18. Fully extend arms and wands at a 90-degree angle to sides and, with palms turned down, move hands downwards. Speed of movement indicates rate of descent.		Move downwards
19(a) Extend arm horizontally at a 90-degree angle to right side of body. Move other arm in same direction in a sweeping motion.		Move horizontally left (from pilot’s point of view)
19(b) Extend arm horizontally at a 90-degree angle to left side of body. Move other arm in same direction in a sweeping motion.		Move horizontally right (from pilot’s point of view)
20. Cross arms with wands downwards and in front of body.		Land
21. Move right-hand wand in a “fanning” motion from shoulder to knee, while at the same time pointing with left-hand wand to area of fire.		Fire
22. Fully extend arms and wands downwards at a 45-degree angle to sides. Hold position until aircraft is clear for next manoeuvre.		Hold position/stand by
23. Perform a standard salute with right hand and/or wand to dispatch the aircraft. Maintain eye contact with flight crew until aircraft has begun to taxi.		Dispatch aircraft
24. Extend right arm fully above head and close fist or hold wand in horizontal position; left arm remains at side by knee.		Do not touch controls (technical/servicing communication signal)
25. Hold arms fully extended above head, open left hand horizontally and move finger tips of right hand into a touch open palm of left hand (forming a “T”). At night, illuminated wands can also be used to form the “T” above head.		Connect ground power (technical/servicing communication signal)
26. Hold arms fully extended above head with finger tips of right hand touching open horizontal palm of left hand (forming a “T”); then move right hand away from the left. Do not disconnect power until authorised by flight crew. At night illuminated wands can also be used to form the “T” above head.		Disconnect power (technical/servicing communication signal)
27. Hold right arm straight out at 90 degrees from shoulder and point wand down to ground or display hand with “thumbs down”; left hand remains at side by knee.		Negative (technical/servicing communication signal)
28. Extend both arms at 90 degrees from body and move hands to cup both ears.		Establish communication via interphone (technical/servicing communication signal)
29. With right arm at side and left arm raised above head at a 45-degree angle, move right arm in a sweeping motion towards top of left shoulder.		Open/close stairs (technical/servicing communication signal)—This signal is intended mainly for aircraft with the set of integral stairs at the front

Marshalling signals (from a pilot of an aircraft to a marshaller)

63. Each of the signals described in column 1 of Table 6, when made by a pilot in an aircraft to a marshaller on the ground, shall have the meanings specified in column 2 of the Table—

Table 6—Meaning of Marshalling Signals (from a pilot of an aircraft to a marshaller)

Column 1	Column 2
Description of Signal	Meaning of Signal
1. Raise arm and hand with fingers extended horizontally in front of face, then clench fist.	Brakes engaged.
2. Raise arm with fist clenched horizontally in front of face, then extend fingers.	Brakes released.
3. Arms extended palms facing outwards, move hands inwards to cross in front of face.	Insert chocks.
4. Hands crossed in front of face, palms facing outwards, move arms outwards.	Remove chocks.
5. Raise the number of fingers on one hand indicating the number of the engine to be started. For this purpose the aircraft engines shall be numbered in relation to the marshaller facing the aircraft, from his right to his left. For example, No. 1 engine shall be the port outer engine, No. 2 engine shall be the port inner engine, No. 3 engine shall be the starboard inner engine and No. 4 engine shall be the starboard outer engine.	Ready to start engines.

Distress, urgency and safety signals

64.—(1) The following signals, given either together or separately before the sending of a message, signify that an aircraft is threatened by grave and imminent danger and requests immediate assistance—

(a)by radiotelephony–

the spoken word ‘MAYDAY’;

(b)by visual signalling–

(i)the signal SOS (… --- …);

(ii)a succession of pyrotechnic lights fired at short intervals each showing a single red light;

(iii)a parachute flare showing a red light;

(c)by sound signalling other than radiotelephony–

(i)the signal SOS (… --- …);

(ii)a continuous sounding with any sound apparatus.

(2) The following signals, given either together or separately, before the sending of a message, signify that the pilot-in-command of the aircraft wishes to give notice of difficulties which compel it to land but that he does not require immediate assistance—

(a)a succession of white pyrotechnic lights;

(b)the repeated switching on and off of the aircraft landing lights;

(c)the repeated switching on and off of its navigation lights, in such a manner as to be clearly distinguishable from the flashing navigation lights described in rule 49.

(3) The following signals, given either together or separately, indicate that the pilot-in-command of the aircraft has an urgent message to transmit concerning the safety of a ship, aircraft, vehicle or other property or of a person on board or within sight of the aircraft from which the signal is given—

(a)by radiotelephony—

the repeated spoken word, ‘PAN PAN’;

(b)by visual signalling—

the signal XXX (- .. -- .. -- .. -);

(c)by sound signalling other than radiotelephony—

the signal XXX (- .. -- .. -- .. -).

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

SCHEDULE 9AIR 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.

Article 58

SCHEDULE 10THE AIR NAVIGATION (DANGEROUS GOODS) REGULATIONS

PART IInterpretation

Interpretation

1.—(1) In these Regulations—

“acceptance check list” means a document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met;

“cargo aircraft” means any aircraft which is carrying goods or property but not passengers and for the purposes of these Regulations the following are not considered to be passengers—

(a)

a crew member;

(b)

an operator’s employee permitted to be carried by, and carried in accordance with, the instructions contained in the operations manual;

(c)

an authorised representative of a competent national aviation authority;

(d)

a person with duties in respect of a particular shipment on board;

“dangerous goods” means any article or substance which is identified as such in the Technical Instructions;

“dangerous goods accident” means an occurrence associated with and related to the carriage of dangerous goods by air which results in fatal or serious injury to a person or major property damage;

“dangerous goods incident” means an occurrence, other than a dangerous goods accident, which—

(e)

is associated with and related to the carriage of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained; or

(f)

relates to the carriage of dangerous goods and which seriously jeopardises the aircraft or its occupants;

“dangerous goods transport document” means a document which is specified by the Technical Instructions and contains information about those dangerous goods;

“freight container” means an article of transport equipment for radioactive materials, designed to facilitate the carriage of such materials, either packaged or unpackaged, by one or more modes of transport, but does not include a unit load device;

“handling agent” means an agent who performs on behalf of the operator some or all of the functions of the latter including receiving, loading, unloading, transferring or other processing of passengers or cargo;

“ID number” means an identification number specified in the Technical Instructions for an item of dangerous goods which has not been assigned a UN number;

“non-Territory operator” means an aircraft operator who holds an air operator’s certificate issued otherwise than by the Governor;

“overpack” means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage, but does not include a unit load device;

“package” means the complete product of the packing operation consisting of the packaging and its contents prepared for carriage;

“packaging” means the receptacles and any other components or materials necessary for the receptacle to perform its containment function;

“proper shipping name” means the name to be used to describe a particular article or substance in all shipping documents and notifications and, where appropriate, on packagings;

“serious injury” means an injury which is sustained by a person in an accident and which—

(g)

requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received; or

(h)

results in a fracture of any bone (except simple fractures of fingers, toes or nose); or

(i)

involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or

(j)

involves injury to any internal organ; or

(k)

involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or

(l)

involves verified exposure to infectious substances or injurious radiation.

“Technical Instructions” means the 2007-2008 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation;

“UN number” means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances;

“unit load device” means any type of container or pallet designed for loading onto an aircraft but does not include a freight container for radioactive materials or an overpack; and

“Territory operator” means an aircraft operator who holds an air operator’s certificate issued by the Governor.

(2) Other expressions used in these Regulations shall have the same respective meanings as in this Order

(3) For the avoidance of doubt any reference in the Technical Instructions or these Regulations to the taking on board, loading onto or carriage of dangerous goods in or on an aircraft shall for the purpose of these Regulations be interpreted as applying also to the placing, suspending or carriage of such goods beneath an aircraft unless the context makes it otherwise apparent.

PART IIRequirements for carriage of dangerous goods

Requirement for approval of operator

2.—(1) An aircraft shall not carry or have loaded onto it any dangerous goods unless—

(a)the operator is approved under this regulation; and

(b)such goods are carried or loaded in accordance with—

(i)any conditions to which such approval may be subject; and

(ii)in accordance with the Technical Instructions.

(2) An approval under this regulation—

(a)shall be granted by the Governor if he is satisfied the operator is competent to carry dangerous goods safely;

(b)shall be in writing; and

(c)may be subject to such conditions as the Governor thinks fit.

Prohibition of carriage of dangerous goods

3.—(1) Subject to paragraphs (2) and (3) a person shall not—

(a)deliver or cause to be delivered for carriage in, or

(b)take or cause to be taken on board;

an aircraft any dangerous goods, which he knows or ought to know or suspect to be goods capable of posing a risk to health, safety, property or the environment when carried by air, unless the Technical Instructions have been complied with and the package of those goods is in a fit condition for carriage by air.

(2) Subject to paragraph (3), these Regulations shall not apply to those dangerous goods specified in the Technical Instructions as being—

(a)for the proper navigation or safety of flight;

(b)to provide, during flight, medical aid to a patient;

(c)to provide, during flight, veterinary aid or a humane killer for an animal;

(d)to provide, during flight, aid in connection with search and rescue operations;

(e)permitted for carriage by passengers or crew members; or

(f)intended for use or sale during the flight in question.

(3) (a) The goods specified in paragraph (2) shall only be carried provided they comply with the following sub-paragraphs and Part 8 and the applicable provisions in paragraphs 1.1.3 and 2.2 of Part 1 of the Technical Instructions.

(b)The goods specified in sub-paragraph (2)(a) shall only be carried if—

(i)they are required to be carried on an aircraft by or under this Order or are otherwise intended for use on an aircraft for the purpose of the good order of the flight in accordance with the normal practice whether or not, in either case, such goods are required to be carried or intended to be used on that particular flight;

(ii)when they are intended as replacements or have been removed for replacement, they comply with paragraph 2.2.2 of Part 1 of the Technical Instructions;

(c)The goods specified in sub-paragraph (2)(b) and (2)(c) shall only be carried if—

(i)they are or may be required for use during the flight;

(ii)they are or may be required for use during a subsequent flight by the same aircraft and it will not be practicable to load the goods onto the aircraft in the intervening period before the commencement of that subsequent flight; or

(iii)they were used or might have been required for use during a previous flight by the same aircraft and it has not been practicable to unload them from the aircraft since that flight;

(d)The goods specified in sub-paragraph (2)(e) shall only be carried by passengers or crew members if they comply with the provisions in Part 8 of the Technical Instructions;

(e)The goods specified in sub-paragraph (2)(f) shall only be carried if the Technical Instructions identify them as being items which can be carried on an aircraft for sale or use during a flight or, when they are intended as replacements for such items or have been removed for replacement, they are carried in accordance with paragraph 2.2.3 of Part 1 of the Technical Instructions.

PART IIIOperator’s Obligations

Provision of information by the operator to crew etc

(a)4.—(1) (a) The operator of an aircraft flying for the purposes of commercial air transport shall ensure that all appropriate manuals, including the operations manual, contain information about dangerous goods so that ground staff and crew members can carry out their responsibilities in regard to the carriage of dangerous goods, including the actions to be taken in the event of emergencies involving dangerous goods.

(b)Where applicable, the operator shall ensure such information is also provided to his handling agent.

(2) The operator of an aircraft in which dangerous goods are to be carried as cargo shall ensure that, before the flight begins, the pilot-in-command of the aircraft is provided with—

(a)written information about the dangerous goods as specified in paragraph 4.1 of Part 7 of the Technical Instructions; and

(b)information for use in responding to an in-flight emergency as specified in paragraph 4.8 of Part 7 of the Technical Instructions.

(3) The operator of an aircraft which is involved—

(a)in an aircraft accident whilst carrying any dangerous goods as cargo on the aircraft; or

(b)a serious incident in which, in the reasonable opinion of the operator, dangerous goods carried as cargo on the aircraft may be involved;

shall notify the Governor and a police officer for the area where the accident or serious incident occurred of any dangerous goods carried as cargo on the aircraft.

(4) For the purposes of this article “serious incident” means an incident involving circumstances indicating that an accident nearly occurred.

Acceptance of dangerous goods by the operator

5.—(1) The operator of an aircraft in which dangerous goods are to be carried shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in an aircraft until such package, overpack or freight container has been inspected to determine that—

(a)insofar as it is reasonable to ascertain, the goods are not forbidden for carriage by air in any circumstances by the provisions of the Technical Instructions;

(b)insofar as it is reasonable to ascertain, the goods are classified as required by the Technical Instructions;

(c)insofar as it is reasonable to ascertain, the goods are packed as required by the Technical Instructions;

(d)the package, overpack or freight container is marked and labelled in accordance with the provisions of Chapters 2 and 3 of Part 5 of the Technical Instructions;

(e)the package, overpack or freight container is not leaking or damaged so that the contents may escape.

(2) The operator of an aircraft in which dangerous goods are to be carried shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in that aircraft unless it is accompanied by a dangerous goods transport document, except where the Technical Instructions indicate that such a document is not required, and shall inspect such a document to determine that it complies with the provisions of the Technical Instructions.

(3) (a) For the purpose of each of the inspections required by paragraphs (1) and (2) an acceptance check list shall be used and the results of the inspection shall be recorded thereon.

(b)The acceptance check list shall be in such form and shall provide for the entry of such details as will enable the relevant inspection to be fully and accurately made by reference to the completion of that list.

Method of loading by the operator

6.—(1) The operator of an aircraft in which dangerous goods are to be carried as cargo shall ensure that dangerous goods are not carried in any compartment occupied by passengers or on the flight deck, except in circumstances permitted by the provisions in paragraph 2.1 of Part 7 of the Technical Instructions.

(2) The operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods is loaded, segregated, stowed and secured on an aircraft in accordance with the provisions in Chapter 2 of Part 7 of the Technical Instructions.

(3) The operator of an aircraft in which dangerous goods are to be carried shall ensure that packages, overpacks or freight containers bearing an indication that they can only be carried on a cargo aircraft are loaded and stowed in accordance with the provisions in paragraph 2.4.1 of Part 7 of the Technical Instructions and are not loaded on an aircraft carrying passengers.

Inspections by the operator for damage, leakage or contamination

7.—(1) The operator of an aircraft in which dangerous goods are to be carried shall ensure packages, overpacks or freight containers which contain dangerous goods are inspected for evidence of damage or leakage before being loaded on an aircraft or placed in a unit load device.

(2) The operator of an aircraft in which dangerous goods are to be carried shall ensure a unit load device containing dangerous goods is not loaded unless it has been inspected and found free from any evidence of leakage from or damage to the packages, overpacks or freight containers contained in it.

(3) The operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods which appears to be leaking or damaged is not loaded on an aircraft.

(4) The operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods which is found to be leaking or damaged on an aircraft is removed and that other cargo or baggage loaded on that aircraft is in a fit state for carriage by air and has not been contaminated.

(5) The operator of an aircraft in which dangerous goods have been carried shall ensure after unloading that all packages, overpacks or freight containers which contain dangerous goods are inspected for signs of damage or leakage and if there is such evidence shall ensure that any part of the aircraft where the package, overpack or freight container was stowed, or any sling or other apparatus which has been used to suspend goods beneath the aircraft is inspected for damage or contamination.

Removal of contamination by the operator

8.—(1) The operator of an aircraft in which dangerous goods are to be carried shall ensure that any contamination found as a result of leaking or damaged packages, overpacks or freight containers is removed without delay.

(2) The operator of an aircraft shall ensure that an aircraft is not permitted to fly for the purpose of carrying passengers or cargo if it is known or suspected that radioactive materials have leaked in or contaminated the aircraft, unless the radiation level resulting from the fixed contamination at any accessible surface and the non-fixed contamination are not more than the values specified in paragraph 3.2 of Part 7 of the Technical Instructions.

PART IVShipper’s Responsibilities

Shipper’s responsibilities

9. Before consigning any dangerous goods for carriage by air the shipper shall ensure that—

(a)the goods are not forbidden for carriage by air in any circumstances under the provisions in paragraph 2.1 of Part 1 of the Technical Instructions;

(b)if the goods are forbidden for carriage by air without approval, all such approvals have been obtained where the Technical Instructions indicate it is the responsibility of the shipper to so obtain them;

(c)the goods are classified according to the classification criteria contained in Part 2 of the Technical Instructions;

(d)the goods are packed according to paragraphs 2.2 and 2.4 of Part 1, Part 2, chapters 2 and 3 and paragraphs 4.2, 4.3 and 4.4 of Part 3 and Part 4 of the Technical Instructions and the packagings used are in accordance with such provisions of those paragraphs, chapters and Parts and Part 6 of the Technical Instructions as apply to those goods;

(e)the package is marked and labelled in English in addition to any other language required by the State of Origin as specified for those goods in paragraph 2.4 of Part 1, chapters 2 and 3 and paragraph 4.5 of Part 3, chapters 2 and 3 of Part 5 and chapter 2 of Part 6 of the Technical Instructions;

(f)the package is in a fit condition for carriage by air;

(g)when one or more packages are placed in an overpack, the overpack only contains packages of goods permitted to be carried by paragraph 1.1 of Part 5 of the Technical Instructions and the overpack is marked and labelled as required by paragraphs 2.4 and 3.2 of Part 5 of the Technical Instructions;

(h)a dangerous goods transport document—

(i)has been completed in English in addition to any other language required by the State of Origin as required by paragraph 4.1 of Part 5 of the Technical Instructions; and

(ii)contains a declaration signed by or on behalf of the shipper stating that the Technical Instructions have been complied with in that the dangerous goods—

(aa)are fully and accurately described;

(bb)are correctly classified, packed, marked and labelled; and

(cc)are in a proper condition for carriage by air;

(i)the operator of the aircraft has been furnished with the dangerous goods transport document required by paragraph (h) and such other documents in respect of dangerous goods as are required by Part 4 and paragraphs 4.3 and 4.4 of Part 5 of the Technical Instructions.

PART VPilot-in-command’s Obligations

Pilot-in-command’s duty to inform air traffic services

10. The pilot-in-command of an aircraft carrying dangerous goods as cargo shall, in the event of an in-flight emergency and as soon as the situation permits, inform the appropriate air traffic services unit of those dangerous goods in detail or as a summary or by reference to the location from where the detailed information can be obtained immediately.

PART VITraining

Provision of information and training programmes by operators and shippers

11.—(1) The operator of an aircraft in which dangerous goods are to be carried shall, before the flight begins, provide the pilot-in-command of the aircraft with written information specifying the matters required by the provisions of Chapter 4.1 of Part 5 of the Technical Instructions and shall preserve a copy thereof for not less than six months.

(2) The operator of an aircraft and a shipper of dangerous goods by air and, in each case, any agent thereof shall inform any of their respective employees whose duties include a function connected with the carriage of passengers or cargo by air of the provisions of the Technical Instructions and for the purpose shall establish and undertake training programmes, as required by Chapter 4 of Part 1 of the Technical Instructions, which shall be submitted to the Governor for approval on such occasions as the Governor may require and which shall be amended as the Governor may require.

PART VIIProvision of Information to Passengers and in Respect of Cargo

Provision of information to passengers

12.—(1) An airport operator and the operator of an aircraft flying for the purpose of commercial air transport of passengers or his agent shall ensure that persons who are or may become passengers on an aircraft flying for the purposes of commercial air transport are warned as to the types of dangerous goods which they are forbidden from carrying on an aircraft as checked baggage or with them by displaying notices sufficient in number and prominence for this purpose—

(a)at each of the places at an airport where tickets are issued;

(b)at each of the areas at an airport maintained to assemble passengers to board an aircraft; and

(c)at any location where a passenger may be checked in.

(2) The operator of an aircraft flying for the purpose of the commercial air transport of passengers or his agent shall ensure that passengers are warned as to the type of dangerous goods which they are forbidden from carrying on an aircraft as checked baggage or with them either by providing information with each passenger ticket, sufficient in prominence for this purpose, or by some other appropriate means such that passengers receive a warning in addition to that required by paragraph (1).

(3) Any person who, in the Territory, makes available flight accommodation shall ensure that persons who are or may become passengers on an aircraft flying for the purposes of commercial air transport are warned as to the types of dangerous goods which they are forbidden from carrying on an aircraft as checked baggage or with them by displaying notices sufficient in number and prominence for this purpose at any place where flight accommodation is offered for sale.

Provision of information in respect of cargo

13. The operator of an aircraft in which cargo is to be carried and any agent thereof shall ensure that notices giving information about the carriage of dangerous goods are displayed in sufficient number and prominence for this purpose at those places where cargo is accepted for carriage.

PART VIIIDocuments and Records, Enforcement Powers and General

Keeping of documents and records

14.—(1) The operator of an aircraft carrying dangerous goods as cargo shall ensure that a copy of the dangerous goods transport document required by regulation 5(2) and the written information to the pilot-in-command required by regulation 4(2)(a) are retained at a readily accessible location until after the full period of the flight on which the goods were carried.

(2) The operator of an aircraft in which dangerous goods are carried shall preserve for not less than three months—

(a)any dangerous goods transport document or other document in respect of dangerous goods which has been furnished to him by the shipper in accordance with regulation 5(2);

(b)the record of any acceptance check list completed in accordance with regulation 5(3); and

(c)the written information to the pilot-in-command as required by regulation 4(2)(a).

(3) The record referred to in paragraph (2)(b) may be in a legible or a non-legible form so long as the recording is capable of being reproduced in a legible form.

Production of documents and records

15.—(1) The operator of an aircraft on which dangerous goods are to be or have been carried and any agent thereof shall, within a reasonable time after being requested so to do by an authorised person, cause to be produced to that person such of the following documents as may have been requested by that person—

(a)the written approval referred to in regulation 2(1);

(b)the dangerous goods transport document or other document in respect of any dangerous goods, referred to in regulation 5(2);

(c)the completed acceptance check list in a legible form in respect of any dangerous goods, referred to in regulation 5(3); and

(d)a copy of the written information provided to the pilot-in-command of the aircraft in respect of any dangerous goods, referred to in regulation 4(2)(a).

(2) The aircraft operator, shipper and any agent of either of them shall, within a reasonable time after being requested so to do by an authorised person, cause to be produced to that person any document which relates to goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

Powers in relation to enforcement of the Regulations

16.—(1) An authorised person may examine, take samples of and seize any goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

(2) An authorised person may open or require to be opened any baggage or package which the authorised person has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of these Regulations have not been complied with.

(3) (a) Subject to paragraph (5), any sample taken or goods seized by an authorised person under this regulation shall be retained or detained respectively for so long as the Governor considers necessary in all the circumstances and shall be disposed of in such manner as the Governor considers appropriate in all the circumstances.

(b)Without prejudice to the generality of sub-paragraph (a) any sample taken or goods seized under this regulation may be retained or detained respectively—

(i)for use as evidence at a trial for an offence; or

(ii)for forensic examination or for investigation in connection with an offence.

(4) (a) The person from whom any goods have been seized by an authorised person under this regulation may apply to the Governor for the item to be released to him.

(b)An application under this paragraph shall be made in writing and shall be accompanied by evidence of ownership by the applicant.

(c)Where the Governor is satisfied that the applicant is the owner of the item concerned and that further retention of the item is not necessary for the purposes of any criminal proceedings he shall arrange for the goods concerned to be returned to the applicant.

(5) Where further retention of goods is, in the opinion of the Governor, no longer necessary and no application has been made under paragraph (4) or any such application has been unsuccessful the goods shall be destroyed or otherwise disposed of in accordance with the directions of the Governor.

Occurrence reporting

17.—(1) A Territory operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or misdeclared dangerous goods in cargo or passenger’s baggage, wherever it occurs, is reported to the Governor.

(2) A non-Territory operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or misdeclared dangerous goods in cargo or passenger’s baggage which occurred in the Territory is reported to the Governor.

(3) A report required under paragraph (1) or (2) shall contain such of the following information as is appropriate to the occurrence—

(a)date of the occurrence;

(b)location of the occurrence, flight number and flight date;

(c)description of the goods and the reference number of the air waybill, pouch, baggage tag and ticket;

(d)proper shipping name (including the technical name, if applicable);

(e)UN/ID number;

(f)class or division in accordance with the Technical Instructions and any subsidiary risk(s);

(g)type of packaging and the packaging specification marking;

(h)quantity of dangerous goods;

(i)name and address of the shipper or passenger;

(j)suspected cause of the occurrence;

(k)action taken;

(l)any other reporting action taken;

(m)name, title, address and contact number of the reporter;

(n)any other relevant details.

(4) (a) Subject to sub-paragraph (b) a report containing as much of the information referred to above as is in his possession shall be despatched in writing, or in such other form as the Governor may approve, and by the quickest available means to the Governor within 72 hours of the occurrence coming to the knowledge of the person making the report.

(b)If at that time any of the said information is not in the possession of that person, he shall despatch the information to the Governor in writing, or in such other form as the Governor may approve, and by the quickest available means within 72 hours of the information coming into his possession.

(5) Nothing in this regulation shall require a person to report any occurrence which he has reported under article 139 or which he has reason to believe has been or will be reported by another person to the Governor in accordance with that article.

Dropping articles for agricultural, horticultural, forestry or pollution control purposes

18. Subject to the provisions of regulation 4(1)(a) nothing in these Regulations shall apply to any aircraft flying solely for the purpose of dropping articles for the purpose of agriculture, horticulture, forestry or pollution control.

Police aircraft

19. Nothing in these Regulations other than regulation 2(1)(a) shall apply to the carriage of dangerous goods by an aircraft flying under and in accordance with the terms of a police air operator’s certificate.

Article 105

SCHEDULE 11AERODROME MANUAL

Information and instructions relating to the following matters shall he included in the aerodrome manual referred to in article 105—

(i)the name and status of the official in charge of day to day operation of the aerodrome together with the names and status of other senior aerodrome operating staff and instructions as to the order and circumstances in which they may be required to act as the official in charge;

(ii)the system of aeronautical information service available;

(iii)procedures for promulgating information concerning the aerodrome’s state;

(iv)procedures for the control of access, vehicles and work in relation to the aerodrome manoeuvring area and apron;

(v)procedures for complying with article 139 and for the removal of disabled aircraft;

(vi)in the case of an aerodrome which has facilities for fuel storage, procedures for complying with article 114;

(vii)(aa)subject to sub-paragraph (bb), plans to a scale of 1:2500 depicting the layout of runways, taxiways and aprons, aerodrome markings, aerodrome lighting if such lighting is provided, and the siting of any navigational aids within the runway strip;

(bb)in the case of copies of the manual or extracts thereof provided or made available to a member of the aerodrome operating staff, the plans shall be of a scale reasonably appropriate for the purposes of article 105(10) of this Order;

(viii)in respect of an aerodrome in relation to which there is a notified instrument approach procedure, survey information sufficient to provide data for the production of aeronautical charts relating to that aerodrome;

(ix)description height and location of obstacles which infringe standard obstacle limitation surfaces, and whether they are lit;

(x)data for and method of calculation of declared distances and elevations at the beginning and end of each declared distance;

(xi)method of calculating reduced declared distances and the procedure for their promulgation;

(xii)details of surfaces and bearing strengths of runways, taxiways and aprons;

(xiii)the system of the management of air traffic in the airspace associated with the aerodrome, including procedures for the co-ordination of traffic with adjacent aerodromes, except any such information or procedures already published in any, manual of air traffic services;

(xiv)operational procedures for the routine and special inspection of the aerodrome manoeuvring area and aprons;

(xv)if operations are permitted during periods of low visibility, procedures for the protection of the runways during such periods;

(xvi)procedures for the safe integration of all aviation activities undertaken at the aerodrome;

(xvii)procedures for the control of wildlife hazards;

(xviii)procedures for the use and inspection of the aerodrome lighting system, if such a system is provided; and

(xix)the scale of rescue, first aid and fire service facilities, the aerodrome emergency procedures and procedures to be adopted in the event of temporary depletion of the rescue and fire service facilities.

Article 148

SCHEDULE 12TERRITORIES TO WHICH THIS ORDER APPLIES

Anguilla
Bermuda
British Indian Ocean Territory
Cayman Islands
Falkland Islands
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St. Helena and Dependencies
South Georgia and the South Sandwich Islands
Sovereign Base Areas of Akrotiri and Dhekelia
Turks and Caicos Islands
Virgin Islands

(1)

In respect of the privileges of a Private Pilot’s licence the maximum period of validity shall be as given for that licence.

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The Air Navigation (Overseas Territories) Order 2007

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SCHEDULE 1ORDERS REVOKED

SCHEDULE 2CLASSIFICATION OF AIRCRAFT

SCHEDULE 3AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHT NAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR SUITABLE NAVIGATIONAL EQUIPMENT ON COMMERCIAL AIR TRANSPORT AIRCRAFT

SCHEDULE 4AIRCRAFT EQUIPMENT

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

SCHEDULE 6LICENCES

MINIMUM AGE, PERIOD OF VALIDITY, PRIVILEGESAEROPLANE PILOTS

Private Pilot’s Licence (Aeroplanes)

Commercial Pilot’s Licence (Aeroplanes)

Airline Transport Pilot’s Licence (Aeroplanes)

HELICOPTER AND GYROPLANE PILOTS

Private Pilot’s Licence (Helicopters)

Private Pilot’s Licence (Gyroplanes)

Commercial Pilot’s Licence (Helicopters and Gyroplanes)

Airline Transport Pilot’s Licence (Helicopters and Gyroplanes)

BALLOON AND AIRSHIP PILOTS

Private Pilot’s Licence (Balloons and Airships)

Commercial Pilot’s Licence (Balloons)(1)

Commercial Pilot’s Licence (Airships)

GLIDER PILOTS

Commercial Pilot’s Licence (Gliders)

OTHER FLIGHT CREW

Flight Navigator’s Licence

Flight Engineer’s Licence

Flight Radiotelephony Operator’s Licence

SCHEDULE 7PENALTIES

PART AProvisions Referred to in Article 134(5)

PART BProvisions Referred to in Article 134(6)

SCHEDULE 8RULES OF THE AIR

SECTION IINTERPRETATION

Interpretation

SECTION IIGENERAL

Application of Rules to aircraft

Misuse of signals and markings

Reporting hazardous conditions

SECTION IIILOW FLYING RULE

Low flying prohibitions

Exemptions from the low flying prohibitions

SECTION IVGENERAL FLIGHT RULES

Weather reports and forecasts

Avoiding aerial collisions

Converging

Approaching head-on

Overtaking

Flight in the vicinity of an aerodrome

Order of landing

Landing and take-off

Aerobatic manoeuvres

Right-hand traffic rule

Notification of arrival and departure

Flight in Class A airspace

Flight in Class C Airspace

Choice of VFR or IFR

Speed limitations

Use of radio navigation aids

Simulated instrument flight

Practice instrument approaches

SECTION VVISUAL FLIGHT RULES

Applicability of the Visual Flight Rules

Reported visibility

Flight within controlled airspace

Flight outside controlled airspace

VFR flight plan and air traffic control clearance in Class B, Class C or Class D airspace

Maintaining continuous watch and complying with air traffic control instructions

Exceptions to rules 29 and 30

SECTION VIINSTRUMENT FLIGHT RULES

Instrument Flight Rules

Minimum height

Quadrantal rule and semi-circular rule

Table 1—Flights At Levels Below 19,500 Feet

Table 2—Flights At Levels Above 19,500 Feet

Flight plan and air traffic control clearance