The Air Navigation (Overseas Territories) (Amendment) Order 2011

Amendment of the Air Navigation (Overseas Territories) Order 2007

10.  For articles 50 to 54 there shall be substituted the following and in article 156(1) the definition “North Atlantic Minimum Navigation Performance Specification airspace” shall be omitted and regulation 3 of Schedule 9 shall be omitted:

“Area navigation and required navigation performance capabilities – aircraft registered in the Territory

50.— (1) An aircraft registered in the Territory shall not fly in areas with specified performance based navigation unless:

(a) it is equipped with navigation equipment that complies with such instructions and requirements as are published by the Governor under articles 41 and 152 of this Order; and

(b) the operator has been approved by the Governor; and

(c) while the aircraft is flying in such airspace, on such routes or in accordance with such procedures, it shall be operated in accordance with operating procedures approved by the Governor.

(2) An aircraft need not comply with the requirements of paragraph (1) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

(3) For the purposes of this article ‘areas with specified performance based navigation’ means airspace, routes or procedures which have 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 there.

Area navigation and required navigation performance capabilities – aircraft not registered in the Territory

51.— (1) An aircraft registered elsewhere than in the Territory shall not fly in areas with specified performance based navigation in the Territory unless:

(a) it is so equipped with navigation equipment as to comply with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying in areas with specified performance based navigation; and

(b) the said equipment is capable of being operated so as to enable the aircraft to meet the required performance in terms of navigation functionality, accuracy, integrity, availability and continuity, and it is so operated.

(2) An aircraft need not comply with the requirements of paragraph (1) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

(3) For the purposes of this article ‘areas with specified performance based navigation’ shall have the same meaning as in article 50.

Minimum navigation performance

52.— (1) An aircraft registered in the Territory shall not fly in minimum navigation performance specifications airspace unless:

(a) it is equipped with navigation equipment that complies with such instructions and requirements as are published by the Governor under article 41 and 152 of this Order; and

(b) the operator has been approved by the Governor; and

(c) while the aircraft is flying in the said airspace, it shall be operated in accordance with operating procedures approved by the Governor.

(2) For the purposes of this article ‘Minimum navigation performance specifications airspace’ means airspace which has been notified, prescribed or otherwise designated as such by the competent authority for the airspace, based on the ICAO Regional Air Navigation Agreement currently in force.

Height keeping performance - aircraft registered in the Territory

53.— (1) An aircraft registered in the Territory shall not fly in reduced vertical separation minimum airspace unless:

(a) the aircraft has been approved by the Governor under Part II of this Order for operations in such airspace; and

(b) the operator has been approved by the Governor; and

(c) while the aircraft is flying in the said airspace, it shall be operated in accordance with operating procedures approved by the Governor.

(2) An aircraft need not comply with the requirements of paragraph (1) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.

(3) For the purposes of this article ‘Reduced vertical separation minimum airspace’ means airspace which has been notified, prescribed or otherwise designated as such by the competent authority for the airspace and where a reduced vertical separation minimum of 1000 feet (300 m) applies above flight level 290.

Height keeping performance - aircraft not registered in the Territory

54.— (1) An aircraft registered elsewhere than in the Territory shall not fly in notified reduced vertical separation minimum airspace in the Territory unless:

(a) it is so equipped with height keeping systems as to comply with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying in any specified areas; and

(b) the said equipment is capable of being operated so as to enable the aircraft to maintain the height keeping performance prescribed in respect of the airspace in which the aircraft is flying, and it is so operated.

(2) An aircraft need not comply with the requirements of paragraph (1) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.”