59.—(1) A radio station in an aircraft must not be operated, whether or not the aircraft is in flight, except—
(a)in accordance with the conditions of the licence issued for that station under the law of the country in which the aircraft is registered or the State of the operator; and
(b)by a person duly licensed or otherwise permitted to operate the radio station under that law.
(2) Subject to paragraphs (3) and (4), whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communication equipment, a continuous radio watch must be maintained by a member of the flight crew listening to the signals transmitted on the frequency notified or designated for use by the aircraft by a message received from an appropriate aeronautical radio station.
(3) The radio watch may be discontinued or continued on another frequency if a message from an appropriate aeronautical radio station permits this.
(4) The radio watch may be kept by a device installed in the aircraft if—
(a)the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and
(b)that station is notified, or in the case of a station situated in a country other than the Isle of Man, otherwise designated as transmitting a signal suitable for that purpose.
(5) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communication or radio navigation equipment, a member of the flight crew must operate that equipment in such a manner as the appropriate air traffic control unit may instruct or as may be notified in relation to the airspace in which the aircraft is flying.
(6) The radio station in an aircraft must not be operated so as to cause interference that impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions must not be made except—
(a)emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;
(b)distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;
(c)messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; and
(d)such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1).
60. On a flight on which an airborne collision avoidance system is required to be carried in an aeroplane by article 34 and Schedule 4, the system must be operated in accordance with procedures that are suitable having regard to the purposes of the equipment.
61.—(1) Before commencing an ACAS equipped flight, the commander must be satisfied on reasonable grounds that every member of the flight crew has had the training specified in paragraph (3).
(2) A person must not act as a member of the flight crew on an ACAS equipped flight in an aeroplane unless the person has had the training specified in paragraph (3).
(3) The training referred to in paragraphs (1) and (2) is—
(a)suitable training in the operation of the airborne collision avoidance system in the aeroplane; and
(b)suitable training in the use of the procedures referred to in article 60.
(4) In this article “an ACAS equipped flight” means a flight on which an airborne collision avoidance system is required to be carried by article 34 and Schedule 4.
62.—(1) A person must not—
(a)subject to paragraph (2), be in or on any part of an aircraft in flight that is not a part designed for the accommodation of persons and in particular a person must not be on the wings or undercarriage of an aircraft;
(b)be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight.
(2) A person may have temporary access to—
(a)a part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods in the aircraft; and
(b)a part of an aircraft in which cargo or stores are carried, which part is designed to enable a person to have access to it while the aircraft is in flight.
63.—(1) This article applies to aircraft registered in the Isle of Man.
(2) An operator must ensure that, if areas of the fuselage suitable for break-in by rescue crews in emergency are marked on an aircraft, the areas are marked in accordance with this article.
(3) The markings on the exterior surface of the fuselage must show the areas (in this article referred to as “break-in areas”) the can, for the purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.
(4) The break-in areas must be marked by right angled corner markings, each arm of which must be nine centimetres in length along its outer edge and three centimetres in width.
(5) If the corner markings of the break-in area are more than two metres apart, intermediate lines nine centimetres by three centimetres must be inserted so that there is no more than two metres between adjacent marks.
(6) The colour of break-in markings must be red or yellow, and if necessary they must be outlined in white to contrast with the background.
(7) If instructions are marked on the break-in areas, the words “Cut Here in Emergency” must be marked across the centre of each break-in area in capital letters.
(8) The markings required by this article must be—
(a)painted, or affixed by other equally permanent means; and
(b)kept clean and unobscured at all times.
64.—(1) The operator and the commander of an aircraft registered in the Isle of Man (or, if the operator’s principal place of business or permanent residence is in the Isle of Man, any other aircraft) that is being flown over a foreign country, must not allow the aircraft to be used for a purpose that is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.
(2) A person does not contravene paragraph (1) if the person neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in the paragraph.
(3) Subject to paragraph (4), the operator and the commander of an aircraft registered in the Isle of Man (or, if the operator’s principal place of business or permanent residence is in the Isle of Man, any other aircraft) that is being flown over a foreign country must comply with any directions given by the appropriate aeronautical authorities of the country whenever—
(a)the flight has not been duly authorised; or
(b)there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, the country.
(4) A direction under paragraph (3) need not be complied with if to do so would endanger the lives of persons on board or the safety of the aircraft.
(5) A person does not contravene paragraph (3) if the person neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.
(6) The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.
(7) In this article “appropriate aeronautical authorities” includes a person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.