The Air Navigation (Isle of Man) Order 2015

PART 27 Interpretation

Interpretation

167.—(1) In this Order —

“Aerial work” has the meaning given by article 171;

“Aerial work aircraft” means an aircraft (other than a commercial air transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;

“Aerial work flight” means a flight for the purpose of aerial work;

“Aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;

“Aerodrome”—

(a)

means an area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft; and

(b)

includes an area or space, whether on the ground, on the roof of a building or elsewhere, that is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically,

but does not include an area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

“Aerodrome control service” means an air traffic control service for any aircraft—

(a)

that is on the manoeuvring area or apron of the aerodrome for which the service is being provided;

(b)

that is flying in, or in the vicinity of, the aerodrome traffic zone of that aerodrome by visual reference to the surface; or

(c)

that has been transferred from approach control in accordance with procedures approved by the Department;

“Aerodrome operating minima” in respect of the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing that are the minimum for the operation of the aircraft at the aerodrome;

“Aerodrome traffic zone” has the meaning assigned to that expression by article 170;

“Aeronautical beacon” means an aeronautical ground light that is visible either continuously or intermittently to designate a particular point on the surface of the earth;

“Aeronautical ground light” means a light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

“Aeronautical radio station” means a radio station on the surface that transmits or receives signals for the purpose of assisting aircraft;

“Airborne collision avoidance system (ACAS)” means an aircraft system based on secondary surveillance radar (SSR) transponder signals which operate independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders;

“Aircraft rating” includes a type rating and a class rating;

“Air/ground communications service” means a service provided from an aerodrome to give information to pilots of aircraft flying in the vicinity of the aerodrome by means of radio signals and “air/ground communications service unit” is to be construed accordingly;

“Air traffic control service” means a service provided for the purpose of preventing collisions between aircraft and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;

“Air traffic control unit” means a person appointed by a person maintaining an aerodrome or place to provide an air traffic control service;

“Air traffic service equipment” means ground based equipment, including an aeronautical radio station, used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground being equipment not otherwise approved by or under this Order but excluding:

(a)

any public electronic communications network; and

(b)

any equipment in respect of which the Department has made a direction that it is not air traffic service equipment for the purposes of articles 124 and 125;

“Alternate aerodrome” means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing;

“Annual costs”, in respect of the operation of an aircraft, means the best estimate reasonably practicable at the time of a particular flight for the year commencing on the first day of January preceding the date of the flight, of the costs of keeping and maintaining and the indirect costs of operating the aircraft, such costs in either case excluding direct costs and being those actually and necessarily incurred without a view to profit;

“Annual flying hours” means the best estimate reasonably practicable at the time of a particular flight by an aircraft of the hours flown or to be flown by the aircraft for the year commencing on the first day of January preceding the date of the flight;

“Applied regulations” means regulations made or having effect as if made under the Civil Aviation Act 1982(1) or the Air Navigation Order 2009(2) and applied to the Isle of Man;

“Applied to the Isle of Man” means applied to the Isle of Man under the Airports and Civil Aviation Act 1987 (an Act of Tynwald)(3);

“Approach control service” means an air traffic control service for an aircraft that is not receiving an aerodrome control service but which is flying in, or in the vicinity of the aerodrome traffic zone of the aerodrome for which the service is being provided, whether or not the aircraft is flying by visual reference to the surface;

“Approach to landing” means that portion of the flight of an aircraft when approaching to land in which it is descending below a height of 1000 feet above the relevant specified decision height or minimum descent height;

“Appropriate aeronautical radio station” means, in in respect of an aircraft, an aeronautical radio station serving the area in which the aircraft is for the time being;

“Appropriate air traffic control unit” means, in respect of an aircraft, as the context requires—

(a)

the air traffic control unit serving the area in which the aircraft currently is; or

(b)

the air traffic control unit serving the area that the aircraft intends to enter and with which unit the aircraft is required to communicate before entering the area;

“Apron” means the part of an aerodrome provided for the stationing of aircraft for the embarkation and disembarkation of passengers, for loading and unloading of cargo and for parking;

“Area navigation equipment” means equipment carried on board an aircraft that enables the aircraft to navigate on a desired flight path within the coverage of appropriate ground based navigation aids or within the limits of the on-board equipment or a combination of the two;

“Authorised person” means—

(a)

a constable; or

(b)

a person authorised by the Department (whether by name or by class or description) either generally or in relation to a particular case or class of case;

“Beneficial interest” includes interests arising under contract and other equitable interests;

“British protected person” has the same meaning as in section 50 of the British Nationality Act 1981(4);

“CAA” means the Civil Aviation Authority of the United Kingdom;

“Cabin crew” in in respect of an aircraft means those persons on a commercial air transport flight carried for the purpose of performing duties to be assigned by the operator or the commander of the aircraft in the interests of the safety of passengers but who do not act as a member of the flight crew;

“Captive balloon” means a balloon which when in flight is attached by a restraining device to the surface;

“Captive flight” means flight by an uncontrollable balloon during which it is attached to the surface by a restraining device;

“Cargo” includes mail and animals;

“Category I approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—

(a)

a decision height of 200 feet; and

(b)

a runway visual range of not less than 550 metres;

“Category II approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—

(a)

a decision height below 200 feet but not less than 100 feet; and

(b)

a runway visual range of not less than 300 metres;

“Category IIIA approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—

(a)

a decision height lower than 100 feet; and

(b)

a runway visual range of not less than 200 metres;

“Category IIIB approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—

(a)

a decision height lower than 50 feet or no decision height; and

(b)

a runway visual range of less than 200 metres but not less than 75 metres;

“Certificate of airworthiness” includes in the case of a national certificate of airworthiness any flight manual, performance schedule or other document, whatever its title, incorporated by reference in the certificate relating to the certificate of airworthiness;

“Certificate of release to service issued under this Order” means a certificate issued in accordance with article 26 by a person specified in article 27;

“Certificate of validity” has the meaning given by article 19(5);

“Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace” and “Class E airspace” mean airspace respectively notified as such;

“Class rating” means a rating that entitles the holder of a pilot licence to act as pilot of an aircraft of a specified class that does not require a type rating;

“Cloud ceiling”, in in respect of an aerodrome, means the vertical distance from the elevation of the aerodrome to the lowest part of a cloud visible from the aerodrome that is sufficient to obscure more than one-half of the sky so visible;

“Commander”, in respect of an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

“Commercial air transport” means a flight that is carrying passengers, cargo or mail for remuneration or hire where the principal purpose for their carriage is to transport them, and where a seat on the flight or the right to have cargo or mail carried is available to any member of the public, and includes a flight that carries passengers for remuneration or hire that begins and ends at the same aerodrome;

“Commercial air transport aeroplane” means an aeroplane flying, or intended by the operator of the aeroplane to fly, for the purpose of commercial air transport;

“Commonwealth” means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981 and all other territories forming part of Her Majesty’s dominions or in which Her Majesty has jurisdiction and “Commonwealth citizen” is to be construed accordingly;

“Conditional sale agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974(5);

“Contracting State” means a State (including the United Kingdom) that is party to the Chicago Convention;

“Controlled airspace” means airspace that has been notified as Class A, Class B, Class C, Class D or Class E airspace;

“Controllable balloon” means a balloon that is not a small balloon and that is capable of free controlled flight;

“Control area” means controlled airspace that has been further notified as a control area and that extends upwards from a notified altitude or flight level;

“Control zone” means controlled airspace that has been further notified as a control zone and that extends upwards from the surface;

“Country” includes a territory;

“Crew” means persons carried in an aircraft who are —

(a)

members of the flight crew;

(b)

persons carried on the flight deck who are appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew in accordance with the law of the country in which the aircraft is registered or the State of the operator; or

(c)

members of the cabin crew;

“Decision height”, in respect of the operation of an aircraft at an aerodrome, means the height in a precision approach at which a missed approach must be initiated if the required visual reference to continue the approach has not been established;

“Declared distance” has the meaning that has been notified;

“the Department” means the Department of Economic Development of the Isle of Man Government;

“Direct costs” means the costs actually and necessarily incurred in connection with a flight without a view to profit but excluding any remuneration payable to the pilot for services as such;

“Director” has the same meaning as in section 250 of the Companies Act 2006(6);

“Disidentification” means removing from reports submitted all personal details pertaining to the reporter and technical details that might lead to the identity of the reporter or of third parties being inferred from the information;

“EASA” means the European Aviation Safety Agency established under the Basic EASA Regulation;

“Flight” and “to fly” have the meanings given by article 168;

“Flight check” means a check carried out by an aircraft in flight of the accuracy and reliability of signals transmitted by an aeronautical radio station;

“Flight crew” in relation to an aircraft means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radiotelephony operator of the aircraft;

“Flight information service” means—

(a)

in the case of an aerodrome—

(i)

the giving of information by means of radio signals to aircraft flying in or intending to fly within the aerodrome traffic zone of the aerodrome; and

(ii)

the grant or refusal of a permission under rule 40(b) or 41(2) of the Rules of the Air Regulations 2007(7); and

(b)

in the case of an area control centre, the giving of information by means of radio signals to aircraft,

and “aerodrome flight information service” is to be construed accordingly;

“Flight information service unit” means a person appointed by the Department or by any other person maintaining an aerodrome or area control centre to provide a flight information service and “aerodrome flight information service unit” is to be construed accordingly;

“Flight level” means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet that would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1013.2 hectopascals;

“Flight manual” means a document provided for an aircraft stating the limitations within which the aircraft is considered airworthy as defined by the appropriate airworthiness requirements and additional instructions and information necessary for the safe operation of the aircraft;

“Flight recording system” means a system comprising either a flight data recorder or a cockpit voice recorder or both;

“Flight visibility” means the visibility forward from the flight deck of an aircraft in flight;

“Flying display” means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public;

“Flying machine” means an aeroplane, a powered lift tilt rotor aircraft, a SLMG, a helicopter or a gyroplane;

“Free balloon” means a balloon that when in flight is not attached by a form of restraining device to the surface;

“Free controlled flight” means flight during which—

(a)

a balloon is not attached to the surface by a form of restraining device (other than a tether of not more than five metres in length that may be used as part of the take-off procedure); and

(b)

the height of the balloon is controllable by means of a device attached to the balloon and operated by the commander of the balloon or by remote control;

“General lighthouse authority” has the same meaning as in section 193 of the Merchant Shipping Act 1995(8);

“Glider” means—

(a)

a non-power-driven, heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces that remain fixed under given conditions of flight;

(b)

a self-sustaining glider; and

(c)

a self-propelled hang-glider;

“Government aerodrome” means an aerodrome in the Isle of Man that is in the occupation of a Government Department;

“Hire-purchase agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974(9);

“Holding” means, in the case of an aircraft approaching an aerodrome to land, a manoeuvre in the air that keeps the aircraft within a specified volume of airspace;

“Instructor’s rating” means a flying instructor’s rating, an assistant flying instructor’s rating, a flight instructor rating (aeroplane), a flight instructor rating (helicopter), a type rating instructor rating (multi-pilot aeroplane), a type rating instructor rating (helicopter), a class rating instructor rating (single pilot aeroplane), an instrument rating instructor rating (aeroplane) or an instrument rating instructor rating (helicopter);

“Instrument approach procedure” means a series of predetermined manoeuvres by reference to flight instruments, with specified protection from obstacles, from a specified point to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or other obstacle clearance criteria apply;

“Instrument flight procedure” means—

(a)

a standard instrument arrival;

(b)

an instrument approach procedure;

(c)

a standard instrument departure; or

(d)

a planned departure route;

“Instrument Flight Rules” means Instrument Flight Rules prescribed by Section 6 of the Rules of the Air Regulations 2007(10);

“Instrument Landing System” means a ground-based radio system designed to transmit radio signals at very high frequency and ultra high frequency that allow the pilot of an aircraft to accurately determine the aircraft’s position relative to a defined approach path whilst carrying out an approach to land;

“Instrument Meteorological Conditions” means weather precluding flight in compliance with the Visual Flight Rules;

“International air navigation” means a flight that includes passage over the territory of a country other than the Isle of Man but does not include passage over the United Kingdom, any of the Channel Islands, or any other relevant overseas territory to which there is power to extend the Civil Aviation Act 1982 under section 108(1) of that Act(11);

“International headquarters” means an international headquarters designated by Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964(12);

“International safety standards” means the safety standards contained in the Chicago Convention as in force from time to time;

“JAA” means the body that was known as the Joint Aviation Authorities, until its dissolution on 30th June 2009, which was previously an associated body of the European Civil Aviation Conference;

“JAA Full Member State” means a State that was a full member of the JAA on 30th June 2009;

“JAA licence” means a flight crew licence granted under JAR-FCL 1 or 2 by the competent authority of a JAA Full Member State in accordance with a procedure that had been assessed as satisfactory following an inspection by a licensing medical standardisation team of the JAA;

“JAR-FCL 1” means, unless otherwise specified, the Joint Aviation Requirement of the JAA bearing that title including Amendment 5 adopted by the JAA on 1st March 2006;

“JAR-FCL 2” means the Joint Aviation Requirement of the JAA bearing that title including Amendment 3 adopted by the JAA on 1st September 2003;

“Kg” means kilogramme or kilogrammes as the context requires;

“Km” means kilometre or kilometres as the context requires;

“To land” in relation to aircraft includes alighting on the water;

“Large rocket” means a rocket of which the total impulse of the motor or combination of motors is more than 10,240 Newton-seconds;

“Let-down” means, in the case of an aircraft approaching an aerodrome to land, a defined procedure designed to enable an aircraft to descend safely to a point at which it can continue the approach visually;

“Licence” includes in relation to a flight crew licence any certificate of competency or certificate of validity or revalidation issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;

“Licensed aerodrome” means an aerodrome licensed under article 211 of the Air Navigation Order 2009(13) as applied to the Isle of Man;

“Lifejacket” includes a device designed to support a person individually in or on the water;

“Log book” includes in the case of an aircraft log book, engine log book or variable pitch propeller log book, or personal flying log book, a record kept either in a book, or by any other means approved by the Department in the particular case;

“Maintenance” means in relation to an aircraft any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

“Manoeuvring area” means the part of an aerodrome provided for the take-off and landing of aircraft and for the movement of aircraft on the surface, excluding the apron and any part of the aerodrome provided for the maintenance of aircraft;

“Maximum approved passenger seating configuration” means the maximum number of passengers that may be carried in the aircraft under and in accordance with its certificate of airworthiness, its flight manual and this Order;

“Maximum total mass authorised” means in relation to an aircraft the maximum total mass of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force for the aircraft;

“Medium intensity steady red light” means a red light that complies with the characteristics described for a medium intensity Type C light as specified in Volume 1 (Aerodrome Design and Operations) of Annex 14 (Fourth Edition July 2004) to the Chicago Convention(14);

“Member State” means a State that is a member of the European Union;

“Microlight aeroplane” means an aeroplane designed to carry not more than two persons that has—

(a)

a maximum total mass authorised not exceeding—

(i)

300 kg for a single seat landplane, (or 390 kg for a single seat landplane of which at least 51% was built by an amateur, or non-profit making association of amateurs, for their own purposes and without any commercial objective, in respect of which a permit to fly issued by the CAA was in force prior to 1st January 2003);

(ii)

450 kg for a two-seat landplane;

(iii)

330 kg for a single seat amphibian or floatplane;

(iv)

495 kg for a two-seat amphibian or floatplane;

(v)

315 kg for a single seat landplane equipped with an airframe mounted total recovery parachute system; or

(vi)

472.5 kg for a two-seat landplane equipped with an airframe mounted total recovery parachute system; and

(b)

a stalling speed, or minimum steady flight speed in the landing configuration, at the maximum total mass authorised not exceeding 35 knots calibrated airspeed;

“Microwave Landing System” means a ground-based radio system designed to transmit radio signals at super high frequency that allow the pilot of an aircraft to accurately determine the aircraft’s position within a defined volume of airspace whilst carrying out an approach to land;

“Military aircraft” means—

(a)

the naval, military or air force aircraft of any country;

(b)

an aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and

(c)

an aircraft for which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

“Military rocket” means—

(a)

a rocket being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and

(b)

a rocket for which there is in force a certificate issued by the Secretary of State that the rocket is to be treated for the purposes of this Order as a military rocket;

“Minimum descent height” in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference;

“National certificate of airworthiness” means a certificate of airworthiness issued under article 16;

“National permit to fly” means a permit to fly issued under article 18;

“Nautical mile” means the International Nautical Mile, that is to say, a distance of 1852 metres;

“Night” means the time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level;

“Non-precision approach” means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;

“North Atlantic Minimum Navigation Performance Specification airspace” means the airspace prescribed as such;

“Notified” means set out with the authority of the CAA in a document published by or under an arrangement entered into with the CAA and entitled “United Kingdom Notam” or “United Kingdom Aeronautical Information Publication” and for the time being in force;

“Notified aerodrome” means an aerodrome that is notified for the purposes of rule 45 of the Rules of the Air Regulations 2007;

“Notified operating hours” means the times notified for an aerodrome during which rule 45 of the Rules of the Air Regulations 2007 applies;

“Obstacle limitation surfaces” has the same meaning as in the document entitled “CAP 168 Licensing of aerodromes” published by the CAA in December 2008;

“Occurrence” means an operational interruption, defect, fault or other irregular circumstance that has or may have influenced flight safety and that has not resulted in an accident or serious incident as those terms are defined in regulation 2 of the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996(15);

“Occurrence Reporting Directive” means Directive 2003/42 of the European Parliament and of the Council of 13th June 2003 on occurrence reporting in civil aviation(16);

“Operating staff” means the persons employed by an operator of an aircraft, whether or not as members of the crew, to ensure that flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions;

“Operational position” means a position provided and equipped for the purpose of providing a particular type of air traffic control service;

“Operator” has the meaning given by article 169;

“Parascending parachute” means a parachute that is towed by cable in such a manner as to cause it to ascend;

“Part 21” means the Annex so entitled to the EASA Aircraft Certification Regulation(17), as amended;

“Part 145” means Annex II so entitled to the EASA Continuing Airworthiness Regulation;

“Part M” means Annex I(18) so entitled to the EASA Continuing Airworthiness Regulation as amended, and “Part M Subpart F” means Subpart F of Part M;

“Passenger” means a person other than a member of the crew;

“Performance Class 3 operations” means flights where, in the event of the failure of a power unit at any time during the flight, the helicopter will be required to carry out a forced landing;

“Period of duty” means the period between the commencement and end of a shift during which an air traffic controller performs, or could be called on to perform, any of the functions specified in a rating included in the controller’s licence;

“Personal representative” means the person constituted as the executor, administrator, or other representative, of a deceased person;

“Pilot in command” means a person who for the time being is in charge of the piloting of an aircraft without being under the direction of any other pilot in the aircraft;

“Planned departure route” means a departure route for use by an aircraft flying in accordance with the Instrument Flight Rules that links an aerodrome or a specific runway of an aerodrome with a notified significant point from which the flight may safely continue and that is not wholly contained within controlled airspace;

“Pre-flight inspection” means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;

“Precision approach” means an instrument approach using an Instrument Landing System, Microwave Landing System or precision approach radar for guidance in both azimuth and elevation;

“Precision approach radar” means radar equipment designed to enable an air traffic controller to determine accurately an aircraft’s position whilst it is carrying out an approach to land so that the air traffic controller can provide instructions and guidance to the pilot to enable the pilot to manoeuvre the aircraft relative to a defined approach path;

“Prescribed” means prescribed by applied regulations;

“Pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

“Private aircraft” means an aircraft that is not an aerial work aircraft or a commercial air transport aircraft;

“Private flight” means a flight that is not an aerial work or commercial air transport flight;

“Record” includes (in addition to a record in writing) —

(a)

a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);

(b)

a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);

(c)

a photograph.

“Reduced Vertical Separation Minimum airspace” means any airspace between flight level 290 and flight level 410 inclusive that has been notified, prescribed or otherwise designated by the relevant competent authority as being airspace within which a vertical separation minimum of 1000 feet or 300 metres must be applied;

“Register of Aircraft Mortgages” means the Register of Aircraft Mortgages kept by the Department under the Mortgaging of Aircraft Order 1972(19) made or having effect as if made under the Civil Aviation Act 1982(20), as applied to the Isle of Man by the Civil Aviation (Subordinate Legislation)(Application) Order 2006(21) made pursuant to the Airports and Civil Aviation Act 1987(22) (an Act of Tynwald);

“Relevant overseas territory” means a colony or a country or a place outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction;

“Replacement” in respect of a part of an aircraft or its equipment—

(a)

includes the removal and replacement of the part whether or not by the same part, and whether or not any work is done on it; but

(b)

does not include the removal and replacement of a part that is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;

“Required Navigation Performance airspace” means airspace that has been notified, prescribed or otherwise designated by the competent authority for the airspace as requiring specified navigation performance capabilities to be met by aircraft flying within it;

“Rocket” means a device that is propelled by ejecting expanding gases generated in its motor from self contained propellant and that is not dependent on the intake of outside substances and includes any part of the device intended to become separated during operation;

“Runway visual range” in respect of a runway means the distance in the direction of take-off or landing over which the runway lights or surface markings may be seen from the touchdown zone as calculated by either human observation or instruments in—

(a)

the vicinity of the touchdown zone; or

(b)

if this is not reasonably practicable, in the vicinity of the midpoint of the runway,

and the distance, if any, communicated to the commander of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range must be taken to be the runway visual range for the time being;

“Safety management system” means a systematic approach to managing safety including the necessary organisational structure, accountabilities, policies and procedures;

“Scheduled journey” means one of a series of journeys that are undertaken between the same two places and that together amount to a systematic service;

“Seaplane” has the same meaning as in section 97 of the Civil Aviation Act 1982(23);

“Sector” means part of a control area or part of a flight information region or upper region;

“Self-launching motor glider” means an aircraft with the characteristics of a non-power-driven glider that is fitted with one or more power units and that is designed or intended to take off under its own power;

“Self-propelled hang-glider” means an aircraft comprising an aerofoil wing and a mechanical propulsion device that —

(a)

is foot launched;

(b)

has a stall speed or minimum steady flight speed in the landing configuration not exceeding 35 knots calibrated airspeed; and

(c)

has a maximum unladen mass, including full fuel, of 70 kg;

“Self-sustaining glider” means an aircraft with the characteristics of a non-power-driven glider that is fitted with one or more power units capable of sustaining the aircraft in flight but which is not designed or intended to take off under its own power;

“SLMG” means a self-launching motor glider;

“Small balloon” means a balloon of not more than two metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon;

“Small rocket” means a rocket of which the total impulse of the motor or combination of motors is not more than 10,240 Newton-seconds;

“Small unmanned aircraft” means an unmanned aircraft, other than a balloon or a kite, having a mass of not more than 20 kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight;

“Special VFR flight” means a flight that is a special VFR flight for the purposes of the Rules of the Air Regulations 2007;

“Standard instrument arrival” means an arrival route for use by an aircraft flying in accordance with the instrument flight rules that links a notified significant point with a point from which an instrument approach procedure may be commenced;

“Standard instrument departure” means a departure route for use by an aircraft flying in accordance with the Instrument Flight Rules that links an aerodrome or a specific runway of an aerodrome with a notified significant point from which the flight may safely continue and that is wholly contained within controlled airspace;

“State aircraft” means an aircraft carrying out military, customs, police, search and rescue, firefighting, coastguard or similar activities or services;

“State of the operator” means the State in which the operator of an aircraft has its principal place of business or, if it has no such place of business, its permanent residence, in circumstances where —

(a)

that aircraft is registered in another Contracting State;

(b)

the operator is operating that aircraft under an agreement for its lease, charter or interchange or any similar arrangement;

(c)

the State in which the aircraft is registered has, by agreement with the State in which the operator of the aircraft has its principal place of business or, if it has no such place of business, its permanent residence, agreed to transfer to it its functions and duties as State of registry for that aircraft in relation to —

(i)

in the case of article 15(1), airworthiness,

(ii)

in the case of article 34(1), aircraft radio equipment, or

(iii)

in the case of article 59, radio licensing; and

(d)

the agreement has been registered with the Council of the International Civil Aviation Organisation or the existence and scope of the agreement have been directly communicated to the CAA;

“Tethered flight” means flight by a controllable balloon throughout which it is flown within limits imposed by a restraining device that attaches the balloon to the surface;

“Type rating” means a rating that entitles the holder of a pilot licence to act as pilot of an aircraft of the type specified in the rating;

“Uncontrollable balloon” means a balloon that is not a small balloon and that is not capable of free controlled flight;

“Valuable consideration” means a right, interest, profit or benefit, forbearance, detriment, loss or responsibility accruing, given, suffered or undertaken under an agreement that is of more than a nominal nature;

“Visiting force” means any such body, contingent or detachment of the forces of a country as is a visiting force for the purposes of the Visiting Forces Act 1952(24) —

(a)

that apply to the country by virtue of paragraph (a) of section 1(1) of that Act; or

(b)

that from time to time apply to the country by virtue of paragraph (b) of section 1(1) and of any Order in Council made or hereafter to be made under section 1 designating the country for the purposes of that Act following section 1(2) of that Act;

“Visual Flight Rules” means Visual Flight Rules prescribed by Section 5 of the Rules of the Air Regulations 2007(25);

“Visual Meteorological Conditions” means weather permitting flight in accordance with the Visual Flight Rules;

“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 a flight instrument and “when the surface is not in sight” is to be construed accordingly.

(2) References in this Order to—

(a) a certificate of airworthiness include both a national certificate of airworthiness and an EASA certificate of airworthiness unless otherwise stated;

(b) an aircraft, aeroplane, powered lift tilt rotor aircraft, SLMG, helicopter, gyroplane, airship, balloon or kite include both EASA and non-EASA examples of the same unless otherwise stated.

(3) The expressions appearing in the “Classification of Aircraft” in Part 1 of Schedule 2 have the meanings given in that Part.

Meaning of in flight

168.—(1) An aircraft is deemed to be in flight—

(a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing;

(b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off, until the moment when it next comes to rest after landing;

(c) in the case of an airship, from the moment when it first becomes detached from the surface until the moment when it next becomes attached to the surface or comes to rest on the surface;

(d) in the case of a free balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface until the moment it next comes to rest on the surface; and

(e) in the case of a captive balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface, apart from a restraining device attaching it to the surface, until the moment when it next comes to rest on the surface.

(2) The expressions “a flight” and “to fly” are to be construed in accordance with paragraph (1).

Meaning of operator

169.  References in this Order to the operator of an aircraft are, for the purposes of the application of any provision of this Order in relation to a particular aircraft, references to the person who at the relevant time has the management of the aircraft.

Meaning of aerodrome traffic zone

170.—(1) Subject to paragraphs (3) and (8), the aerodrome traffic zone of a notified aerodrome that is not on an offshore installation and at which the length of the longest runway is notified as 1850 metres or less is that specified in paragraph (2).

(2) The aerodrome traffic zone at an aerodrome referred to in paragraph (1) is the airspace extending from the surface to a height of 2000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of two nautical miles.

(3) Paragraph (4) applies if—

(a) the aerodrome traffic zone specified in paragraph (2) would extend less than 1½ nautical miles beyond the end of a runway at the aerodrome; and

(b) this paragraph is notified as being applicable.

(4) The aerodrome traffic zone is that specified in paragraph (5) as though the length of the longest runway at the aerodrome were notified as greater than 1850 metres.

(5) Subject to paragraph (8), the aerodrome traffic zone of a notified aerodrome that is not on an offshore installation and at which the length of the longest runway is notified as greater than 1850 metres is that specified in paragraph (6).

(6) The aerodrome traffic zone is the airspace extending from the surface to a height of 2000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified midpoint of the longest runway and having a radius of 2½ nautical miles.

(7) Subject to paragraph (8), the aerodrome traffic zone of a notified aerodrome that is on an offshore installation is the airspace extending from mean sea level to 2000 feet above mean sea level and within 1½ nautical miles of the offshore installation.

(8) The aerodrome traffic zone of a notified aerodrome excludes any airspace that is within the aerodrome traffic zone of another aerodrome that is notified for the purposes of this article as being the controlling aerodrome.

Meaning of aerial work

171.—(1) Subject to Part 28, aerial work means a purpose, other than commercial air transport, for which an aircraft is flown if valuable consideration is given or promised for the flight or the purpose of the flight.

(2) Aerial work consists of instruction or testing in a club environment if it consists of the giving of instruction in flying or the conducting of flying tests for the purposes of this Order in an aircraft owned by, operated by 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.

(1)

1982 c. 16.

(2)

S.I. 2009/3015 amended by S.I. 2010/770, S.I. 2011/2432 and S.I. 2012/1751.

(3)

1987 c.10 (Isle of Man).

(4)

1981 c.61.

(5)

1974 c.39.

(6)

2006 c.46.

(7)

S.I. 2007/734, to which there are amendments not relevant to this provision.

(8)

1995 c.21. section 193 was amended by section 29(1) of and paragraph 6(a) of Schedule 6 to the Merchant Shipping and Maritime Security Act 1997 (c.28) and section 314(3) of and paragraph 9(1) of Schedule 14 to the Merchant Shipping Act 1995 (c.21).

(9)

1974 c.39.

(10)

S.I. 2007/734.

(11)

1982 c.16. Section 108(1) was amended by section 83(1) of and paragraph 8(2) of Schedule 4 to the Airports Act 1986 (c.31).

(12)

1964 c.5.

(13)

S.I. 2009/3015, to which there are amendments not relevant to this provision.

(14)

Annex 14 is published by the International Civil Aviation Organisation ISBN 978-92-9249-281-6.

(15)

S.I. 1996/2798. Regulation 2 was amended by section 78(2)(c) and (d) of the Police (Northern Ireland) Act 2000 (c.32).

(16)

O.J. No. L 167, 4.7.2003, p.23.

(17)

O.J. No. L 243, 27.9.2003, p.6, amended by Commission regulation (EC) No. 375/2007 O.J. No. L 94, 4.4.2007, p.3 and to which there are other amendments not relevant to this Order.

(18)

Annex I was amended by Commission Regulation (EC) No. 707/2006, O.J. No. L 122, 5.5.2006, p.17 and by Commission Regulation (EC) No. 1056/2008 of 27th October 2008 O.J. No. L283, 28.10.2008, p.5.

(19)

S.I. 1972/1268.

(20)

1982 c.16.

(21)

SD 909/06.

(22)

1987 c.10 (Isle of Man).

(23)

Section 97 was amended by section 314(1) and (2) of and Schedule 12 and paragraph 64(c) of Schedule 13 to the Merchant Shipping Act 1995 (c.21).

(24)

1952 c.57. This Act was extended to the Isle of Man by S.I. 1962/170. The Schedule to that Act, as the Act has effect in the Isle of Man, was substituted by paragraph 7 of Schedule 3 to the Sexual Offences Act 1992 (an Act of Tynwald); the substituted Schedule was subsequently amended as it has effect in the Isle of Man by SI 1998/1509.

(25)

S.I 2007/734.