The Air Navigation (Isle of Man) (Amendment) Order 2016

Statutory Instruments

2016 No. 155

Civil Aviation

The Air Navigation (Isle of Man) (Amendment) Order 2016

Made

10th February 2016

Coming into force

1st May 2016

At the Court at Buckingham Palace, the 10th day of February 2016

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 60 and 61 of the Civil Aviation Act 1982(1), is pleased, by and with the advice of Her Privy Council, to make the following Order:

Citation and commencement

1.  This Order may be cited as the Air Navigation (Isle of Man) (Amendment) Order 2016 and comes into force on 1st May 2016.

Amendment to the Air Navigation (Isle of Man) Order 2015

2.  The Air Navigation (Isle of Man) Order 2015(2) is amended in accordance with articles 3 to 22.

3.  In article 22 (requirement for an approved maintenance programme), after paragraph (2) add—

“(3) The operator of an aircraft registered in the Isle of Man and which has a maximum total mass authorised in excess of 5,700 kg must ensure that the information resulting from the maintenance and operational experience with respect to its continuing airworthiness is transmitted to the organisation responsible for the type design of the aircraft.”.

4.  Omit article 23 (technical log).

5.  In article 27 (who may issue a certificate of release to service), in paragraph (c) for “actin” substitute “acting”.

6.  After article 32 (equipment of aircraft) insert—

“Survival equipment

32A.— (1) The pilot in command of an aircraft that is registered in the Isle of Man must be satisfied on reasonable grounds before take-off that the aircraft carries such additional equipment as the pilot in command reasonably considers necessary to facilitate the survival of the persons carried in the aircraft.

(2) In complying with paragraph (1) the pilot in command must have regard to the circumstances of the intended flight, including, in particular, the likelihood of ditching and the availability of search and rescue facilities.”.

7.  After article 51 (commander to ensure demonstration of use of oxygen) insert —

“Refuelling with passengers on board

51A.   The commander of an aircraft registered in the Isle of Man must ensure that prior to the aircraft being refuelled whilst passengers are embarking, on board or disembarking—

(a) qualified personnel are readily available to initiate and direct the evacuation of the aircraft;

(b) passengers are instructed to ensure that any seat belts or harnesses are unfastened; and

(c) two-way communication is maintained between the ground crew supervising the refuelling and the qualified personnel on board the aircraft.

Requirement for notification of accident

51B.— (1) This article applies if an aircraft registered in the Isle of Man is involved in an accident resulting in—

(a) serious injury or death; or

(b) substantial damage to the aircraft or other property.

(2) The pilot in command of the aircraft must notify the nearest appropriate authority by the quickest available means.

(3) If the pilot in command is unable to comply with the requirement in paragraph (2), the operator of the aircraft must do so.”.

8.  After article 52 (pilot to remain at controls and be secured in seat) insert—

“Pilot in command – responsibility for journey log

52A.— (1) This article applies to an aircraft—

(a) registered in the Isle of Man;

(b) in respect of which a certificate of airworthiness is in force; and

(c) that is used for international air navigation.

(2) The operator of the aircraft must ensure that a journey log is kept for the aircraft.

(3) Except as provided by paragraph (4), the pilot in command of a flight of the aircraft must at the end of the flight enter in the journey log—

(a) details of the aircraft’s nationality and registration;

(b) the date of the flight;

(c) the names of the crew members and their duty assignments;

(d) the departure and arrival points and times of the flight;

(e) the purpose of the flight; and

(f) any observations regarding the flight,

and sign the log.

(4) If an aircraft undertakes two or more consecutive flights, each of which begins and ends—

(a) within a period of 24 hours;

(b) at the same aerodrome; and

(c) with the same pilot in command,

the pilot in command may complete the log as required by paragraph (3) at the end of the last of those flights.

(5) Except as otherwise provided by article 90, the operator of an aircraft must preserve the journey log for the aircraft for at least two years after the aircraft has been destroyed or has been permanently withdrawn from use, or for such shorter period as the Department may permit in a particular case.

(6) In this article, “journey log” means the document described as “Document H” in Schedule 7 and in the case of an aircraft that has a maximum total mass authorised of 2730kg or less, includes a record acceptable to the Department in lieu of a journey log.”.

9.  For Part 10 substitute —

“PART 10 Aerodrome Operating Minima

Commercial Air Transport, Aerial Work and Large Aircraft

57.— (1) This article applies to an aircraft—

(a) registered in the Isle of Man and which has a maximum total mass authorised exceeding 5,700kg;

(b) registered in the Isle of Man and which is equipped with one or more turbojet engines;

(c) registered in the Isle of Man and which has a maximum approved passenger seating configuration of more than 9 seats, or

(d) registered elsewhere and which is being operated in the Isle of Man for commercial air transport.

(2) The operator of an aircraft must not permit the aircraft to fly in or over the Isle of Man unless the operator has made available to its flight crew aerodrome operating minima that comply with paragraph (3) in respect of each aerodrome at or from which it is intended the aircraft should land or take off and each alternate aerodrome at or from which the aircraft may be required to land at or take off.

(3) The aerodrome operating minima to be provided in accordance with paragraph (2) must be no less restrictive than—

(a) minima calculated in accordance with the notified method for calculating aerodrome operating minima; or

(b) minima that comply with the law of the jurisdiction in which the aircraft is registered,

being whichever minima are the more restrictive.

(4) The pilot in command of an aircraft must not—

(a) conduct a Category II, Category IIIA or Category IIIB approach or landing; or

(b) take off when the relevant runway visual range is less than 400 metres,

except in accordance with the terms of any approval to do so granted under the law of the country in which the aircraft is registered.

(5) In the case of an aircraft registered in the Isle of Man, the approval referred to in paragraph (4) must be an approval which has been issued by the Department.

(6) The pilot in command of an aircraft must not cause the aircraft to take off from or to land at an aerodrome in the Isle of Man in contravention of the specified aerodrome operating minima.

(7) Without prejudice to paragraphs (4) and (6), the pilot in command of an aircraft when causing the aircraft to descend at an aerodrome to a runway for which there is a notified instrument approach, must not cause the aircraft to descend from a height of 1,000 feet or more above the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.

(8) Without prejudice to paragraphs (4) and (6), the pilot in command of an aircraft, when causing the aircraft to descend to a runway for which there is a notified instrument approach, must not—

(a) continue an approach to landing on the runway by flying below the relevant specified decision height; or

(b) cause the aircraft to descend below the relevant specified minimum descent height,

unless, in either case, the specified visual reference for landing is established and maintained from that height.

(9) The pilot in command of an aircraft must select a take-off alternate aerodrome and specify it in the flight plan if—

(a) the meteorological conditions at the aerodrome of intended departure are below the applicable aerodrome landing minima for that operation; or

(b) it would not be possible to return to that aerodrome for any other reason.

(10) The pilot in command of an aircraft must select the take-off alternate aerodrome so that any available information indicates that at the estimated time of use the conditions will be at or above the applicable aerodrome operating minima for that use and be located—

(a) in the case of an aircraft with two engines – within one hour of flight time at a one-engine inoperative cruising speed, determined from the aircraft operating manual, calculated in international standard atmospheres and still air conditions using the actual take-off mass; or

(b) in the case of an aircraft with three or more engines – within two hours of flight time at an all engines operating cruising speed, determined from the aircraft operating manual, calculated in international standard atmospheres and still air conditions using the actual take-off mass.

(11) If, according to any available information, an aircraft would be required by rule 18(1), 19(1) or 20 of the Rules of the Air Regulations 2007(3) as applied to the Isle of Man by the Civil Aviation (Subordinate Legislation) (Application) Order 2008(4) to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot in command of the aircraft must select an alternate aerodrome before take-off unless no aerodrome suitable for that purpose is available.

(12) The pilot in command of an aircraft must not commence a flight to be conducted in accordance with the Instrument Flight Rules to an aerodrome where no suitable alternate aerodrome is available unless—

(a) a designated instrument approach procedure is available for the aerodrome of intended landing; and

(b) available current meteorological information indicates that visual meteorological conditions will exist at the aerodrome of intended landing from two hours before to two hours after the estimated time of arrival.

(13) The pilot in command of an aircraft must not continue a flight towards the aerodrome of intended landing unless the latest available information indicates that conditions at the aerodrome, or at least one alternate aerodrome, will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.

(14) In this article—

“aircraft” means an aircraft to which this article applies;

“specified”, in respect of an aerodrome operating minima, means such detailed information about an aerodrome’s operating minima as have been notified for the aerodrome or, if the relevant minima have not been notified, such minima as are ascertainable by reference to the notified method for calculating an aerodrome’s operating minima;

“designated”, in respect of an instrument approach procedure, means notified, prescribed or otherwise designated by the relevant competent authority.

Certain Other Aircraft

58.— (1) This article applies to an aircraft to which article 57 does not apply—

(a) that is registered in the Isle of Man; or

(b) that is being operated in the Isle of Man.

(2) The pilot in command of an aircraft must not —

(a) conduct a Category II, Category IIIA or Category IIIB approach or landing, or

(b) take off when the relevant runway visual range is less than 400 metres,

except in accordance with the terms of any approval to do so granted under the law of the jurisdiction in which the aircraft is registered.

(3) In the case of an aircraft registered in the Isle of Man, the approval referred to in paragraph (2) must be an approval which has been issued by the Department.

(4) Without prejudice to paragraph (2), the pilot in command of an aircraft when making a descent at an aerodrome to a runway for which there is a notified instrument approach procedure must not cause the aircraft to descend from a height of 1,000 feet or more above the aerodrome to a height less than 1,000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.

(5) Without prejudice to paragraph (2), the pilot in command of an aircraft when making a descent at an aerodrome to a runway for which there is a notified instrument approach procedure must not—

(a) continue an approach to landing on the runway by flying below the relevant specified decision height, or

(b) descend below the relevant specified minimum descent height,

unless in either case the specified visual reference for landing is established and maintained from that height.

(6) If, according to any available information, an aircraft would be required by rule 18(1), 19(1) or 20 of the Rules of the Air Regulations 2007(5) as applied to the Isle of Man by the Civil Aviation (Subordinate Legislation) (Application) Order 2008(6) to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot in command of the aircraft must select an alternate aerodrome before take-off unless no aerodrome suitable for that purpose is available.

(7) In this article—

“aircraft” means an aircraft to which this article applies;

“specified”, in respect of an aerodrome operating minima, means such detailed information about an aerodrome’s operating minima as have been notified for the aerodrome or, if the relevant minima have not been notified, such minima as are ascertainable by reference to the notified method for calculating an aerodrome’s operating minima.”.

10.  After article 67 (area navigation and required navigation performance capabilities – aircraft registered in the Isle of Man) insert—

“Use of oxygen

67A.— (1) This article applies to an aircraft—

(a) registered in the Isle of Man;

(b) that is pressurised; and

(c) that is intended to operate above an altitude where the atmospheric pressure is less than 376 hPa.

(2) The operator of the aircraft must ensure that there is available at the flight duty station of the aircraft for each flight crew member a quick-donning type of oxygen mask that will readily supply oxygen upon demand.

Loss of pressurisation warning

67B.— (1) This article applies to an aircraft—

(a) registered in the Isle of Man;

(b) that is pressurised;

(c) in relation to which the individual certificate of airworthiness was first issued before 1st January 1990; and

(d) that is intended to be operated at flight altitudes at which atmospheric pressure is less than 376 hPa.

(2) The operator of the aircraft must ensure that it is equipped with a device that provides a positive warning to the flight crew of any dangerous loss of pressurisation of the aircraft.”.

11.  In article 88 (production of documents and records), for paragraph (2)(a) substitute—

“(a) the documents referred to in Schedule 7 as Documents A, B, D, G and H;”.

12.  After article 95 (gliders, kites and parascending parachutes) insert—

“Dropping of persons and the granting of parachuting permissions

95A.— (1) Subject to paragraphs (9) to (11), a person must not drop, be dropped or be permitted to drop to the surface or jump from an aircraft flying over the Isle of Man except in accordance with the terms of a parachuting permission granted by the Department under this article.

(2) A person must not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.

(3) The Department may grant a parachuting permission if it is satisfied that the applicant is a fit person to hold the permission and is competent to conduct parachuting safely, having regard in particular to the applicant’s—

(a) previous conduct and experience; and

(b) equipment, organisation, staffing and other arrangements.

(4) An aircraft must not be used for the purpose of dropping persons unless—

(a) there is a certificate of airworthiness issued or rendered valid for that aircraft under the law of the country in which the aircraft is registered;

(b) that certificate or the flight manual for the aircraft includes an express provision that it may be used for that purpose; and

(c) the aircraft is operated in accordance with a written permission granted by the Department under this article.

(5) Every applicant for and holder of a parachuting permission must make available to the Department if requested a parachuting manual.

(6) The holder of a parachuting permission must make such amendments or additions to its parachuting manual as the Department may require.

(7) The holder of a parachuting permission must make its parachuting manual available to every employee or person who is engaged or may engage in parachuting activities conducted by the holder.

(8) The manual must contain all such information and instructions as may be necessary to enable such employees or persons to perform their duties.

(9) Nothing in this article applies to the descent of persons by parachute from an aircraft in an emergency.

(10) Nothing in this article prohibits the lowering of any person in an emergency or for the purpose of saving life.

(11) Nothing in this article prohibits the lowering of any person from a helicopter to the surface if there is a certificate of airworthiness issued or rendered valid for the helicopter under the law of the country in which it is registered and that certificate or the flight manual for the helicopter includes an express provision that it may be used for that purpose.

(12) In this article ‘dropping’ includes projecting and lowering.”.

13.  In article 98 (small unmanned surveillance aircraft), omit paragraph (5).

14.  After article 99 (rockets) insert—

“PART 17A Large and turbojet aircraft

Application of Part

99A.— (1) This Part applies to an aircraft that is registered in the Isle of Man and that has any of the following characteristics—

(a) a maximum total mass authorised exceeding 5,700 kg;

(b) one or more turbojet engines;

(c) a seating configuration of more than 9 passenger seats.

(2) Accordingly a reference in this Part to an aircraft is a reference to an aircraft to which this Part applies.

(3) The provisions of this Part are in addition to any other provisions of this Order that may apply to an aircraft to which this Part applies.

Operator to provide a company operations manual

99B.— (1) The operator of an aircraft must prepare and ensure that a company operations manual is in force in respect of the aircraft.

(2) The manual must include—

(a) a table of contents; and

(b) if the manual has been amended, an amendment control page with a list of the pages in relation to which there have been amendments.

(3) In addition the manual must include details of—

(a) the duties, responsibilities and succession of the management and operating personnel of the operator;

(b) the aircraft operator’s safety management system;

(c) the aircraft’s operational control system;

(d) if applicable, details of the aircraft’s minimum equipment list procedures;

(e) the flight preparation procedures in respect of the aircraft including procedures for briefing passengers;

(f) how cabin baggage must be stowed and secured when the aircraft is taking-off or landing;

(g) how operational flight planning in respect of the aircraft must be carried out;

(h) normal flight operations including fuel procedures and requirements;

(i) the standard operating procedures in respect of the aircraft together with its performance information as shown in its operating manual;

(j) any weather limitations in respect of the aircraft, the use of alternate aerodromes and aerodrome operating minima;

(k) a fatigue risk management programme;

(l) any noise abatement procedures to be adopted in respect of the aircraft;

(m) the emergency operations applicable to the aircraft;

(n) how any accident or other incident in respect of the aircraft is to be dealt with and recorded;

(o) the qualifications, including proficiency in the use of the English language, and training that each member of the crew of the aircraft must have or must have undertaken;

(p) the records that must be kept in respect of the aircraft and who must keep them;

(q) the aircraft’s maintenance control system;

(r) any applicable security procedures in respect of the aircraft;

(s) the performance operating limitations of the aircraft;

(t) if applicable, the use and protection of the flight data recorder records and cockpit voice recorder records of the aircraft;

(u) how the electronic navigation data management systems of the aircraft are to be used and monitored;

(v) how dangerous goods on the aircraft are to be handled; and

(w) the use of the aircraft’s head-up displays or enhanced vision systems.

Checklists to be used

99C.— (1) The operator of an aircraft must ensure that checklists are used by the flight crew of the aircraft prior to, during and after all phases of its operations, and in emergencies, all as detailed in the aircraft’s operations manual.

(2) The operator must ensure that the design and utilisation of checklists takes into account human factors.

(3) The commander of the aircraft must ensure that the checklists are fully complied with.

Minimum flight altitude

99D.   The operator of an aircraft must specify, for flights that are to be conducted in accordance with the instrument flight rules, the method of establishing terrain clearance altitudes.

Fatigue risk management programme

99E.— (1) The operator of an aircraft must establish and implement a fatigue risk management programme that ensures that personnel involved in the operation and maintenance of aircraft do not carry out their duties when fatigued.

(2) The operator must include the programme in the company operations manual in respect of the aircraft.

Operator’s maintenance responsibilities

99F.   The operator of an aircraft must—

(a) ensure, in accordance with procedures acceptable to the Department, that—

(i) the aircraft is maintained to an airworthy condition;

(ii) the operational and emergency equipment necessary for an intended flight is serviceable; and

(iii) the certificate of airworthiness of the aeroplane remains valid;

(b) not operate the aircraft unless it is maintained and released to service under a system acceptable to the Department;

(c) ensure that if the maintenance release is not issued by an approved maintenance organisation in accordance with paragraph 8.7 of Part 1 of Annex 6 to the Convention on International Civil Aviation(7), the person signing the maintenance release—

(i) is licensed in accordance with Annex 1 to the Convention on International Civil Aviation(8);

(ii) is a person whose licence has been validated by the Department; or,

(iii) in a particular case, is an individual authorised by the Department; and

(d) ensure that the maintenance of the aircraft is performed in accordance with a maintenance programme approved by the Department.

Operator’s responsibilities for training

99G.   The operator of an aircraft must ensure that maintenance personnel in respect of the aircraft receive initial and continuation training as required by and acceptable to the Department, being training appropriate to their assigned tasks and responsibilities.

Designation of pilot in command

99H.   The operator of an aircraft must designate a pilot to act as pilot in command for each flight the aircraft makes.

Maintenance control manual

99I.— (1) The operator of an aircraft must ensure that a reference to an operator’s maintenance control manual developed in accordance with industry codes of practice is included in the company operations manual.

(2) The manual must contain information about—

(a) the operator’s maintenance responsibilities;

(b) the means of recording names and positions of maintenance personnel;

(c) the maintenance programme;

(d) the methods used for the completion and retention of maintenance records;

(e) the procedures for ensuring that appropriate information, including any amendment to the maintenance programme, is disseminated to others;

(f) the procedures for implementing action required following the receipt of mandatory continuing airworthiness information;

(g) a system of analysis and continued monitoring of the performance and efficiency of the maintenance programme in order to correct identified deficiencies;

(h) the aircraft types and models to which the manual applies;

(i) procedures for ensuring that any unserviceability affecting an aircraft’s airworthiness is recorded and rectified; and

(j) the procedures for advising the Department of significant in-service occurrences.

(3) The manual may be issued in parts.

(4) The design of the manual must take account of human factors.

Safeguarding of flight and voice recorder records

99J.— (1) This article applies to an aircraft that has been involved in an accident or incident.

(2) The owner of the aircraft, or if it is leased its lessee, must in so far as is possible to do so—

(a) preserve the related flight data recorder records and cockpit voice recorder records of the aircraft and, if necessary the associated flight recorders and voice recorders; and

(b) retain them in safe custody pending their disposal as determined in accordance with ICAO Annex 13.

Requirement for cabin crew

99K.— (1) The operator of an aircraft must—

(a) based on the aircraft’s seating capacity or the number of passengers carried by it, determine the number of cabin crew required to effect a safe and expeditious evacuation of the aircraft; and

(b) determine and assign the functions to be performed by each member of the cabin crew in an emergency or a situation requiring an emergency evacuation of the aircraft.

(2) The operator of an aircraft must ensure that a training programme is established and is completed by each person before being assigned as a member of the cabin crew on the aircraft.

(3) The operator must ensure that the syllabus for the training programme is referenced in the company operations manual and includes training in human factors.

Use of boom microphones

99L.   Flight crew members required to be on flight deck duty on a flight in an aircraft must communicate through boom microphones when the aircraft is below the transition level or transition altitude.

Requirement for a minimum equipment list

99M.   The operator of an aircraft of a type that has a master minimum equipment list established must—

(a) prepare and ensure that a minimum equipment list for the aircraft is approved by the Department; and

(b) include the details of the minimum equipment list procedures in the company operations manual.”.

15.  After article 132 (use of aerodromes by aircraft of Contracting States and of the Commonwealth) insert—

“Powers of aerodrome firefighters in an emergency

132A.— (1) A member of the Rescue and Fire Fighting Service at an aerodrome may do anything on the aerodrome the member reasonably believes to be necessary—

(a) if the member reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;

(b) if the member reasonably believes an aircraft accident or incident to have occurred, for the purpose of rescuing people or protecting them from serious harm; or

(c) for the purpose of preventing or limiting damage to property resulting from any action taken as mentioned in sub-paragraph (a) or (b).

(2) In particular, a member of the Rescue and Fire Fighting Service at an aerodrome, when acting in accordance with paragraph (1), may on the aerodrome—

(a) enter an aircraft, by force if necessary, without the consent of its owner or operator;

(b) restrict the access of persons to an aircraft, premises or a place.

(3) A person must not without reasonable excuse obstruct or interfere with a member of the Rescue and Fire Fighting Service at an aerodrome taking action authorised under this article.”.

16.  In article 165 (exceptions from application of provisions of the Order for certain classes of aircraft) for paragraph (1) substitute—

“165.— (1) This article applies to—

(a) a small balloon;

(b) a kite weighing not more than 2 kg; and

(c) a parachute including a parascending parachute.”.

17.—(1) In article 167 (interpretation) paragraph (1) is amended in accordance with paragraphs (2) and (3).

(2) The expressions listed below are inserted in accordance with the alphabetical order in which the expressions are prescribed in that provision—

““Aeroplane” means a 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;”;

““Aircraft” means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;”;

““Airworthy” means the status of an aircraft, engine, propeller or part when it conforms to its approved design and is in a condition for safe operation;”;

““Combined vision system” means a system for displaying images from a combination of an enhanced vision system and a synthetic vision system;”;

““Company operations manual” means the manual prepared by an operator in accordance with article 99B;”;

““Congested area” in relation to a city, town or settlement means an area that is substantially used for residential, industrial, commercial or recreational purposes;”;

““Enhanced vision system” means a system to display electronic real-time images of the external scene achieved through the use of image sensors;”;

““Head-up display” means a display system that presents flight information into the pilot’s forward external field of view;”;

““Maintenance release” means a document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner, either in accordance with the approved data and the procedures described in the maintenance organisation’s procedures manual or under an equivalent system;”;

““Meteorological information” means a meteorological report, analysis, forecast, and any other statement relating to existing or expected meteorological conditions;”;

““Small unmanned surveillance aircraft” means a small unmanned aircraft that is equipped to undertake any form of surveillance or data acquisition;”;

““Synthetic vision system” means a system to display data-derived synthetic images of the external scene from the perspective of the flight deck.”.

(3) For the definition of “Pilot in command” substitute—

““Pilot in command” means the pilot designated by the operator or the owner as being in command and charged with the safe conduct of a flight.”.

18.  In Schedule 2, in Part 1 (classification of aircraft) for the Table substitute—

“Col 1	Col 2	Col 3
(1) Lighter than air aircraft	(a) non-power driven	(i) Free balloon
		(ii) Captive balloon
	(b) power-driven	(i) Airship
(2) Heavier than air aircraft	(a) non-power driven	(i) Glider
		(ii) Kite
	(b) power-driven flying machines	(i) Aeroplane (landplane)
		(ii) Aeroplane (seaplane)
		(iii) Aeroplane (amphibian)
		(iv) Aeroplane (self-launching motor glider)
		(v) Small unmanned aircraft
		(vi) Small unmanned surveillance aircraft
		(vii) Powered Lift (tilt rotor)
		(viii) Rotorcraft—
		(aa) Helicopter
		(bb) Gyroplane”

19.  In Schedule 3 (aircraft equipment)—

(a) omit paragraph 3(m);

(b) in the Table in paragraph 4—

(i) in the first row of the column under the heading “Circumstances of flight” for “(bb) within Class A, B or C airspace” substitute “(bb) within Class A, B, C or D airspace”;

(ii) in the second row of the column under the heading “Description of aircraft” for “(2) Turbine-jet aeroplanes having a maximum total mass authorised of more than 5700 kg or pressurised aircraft having a maximum total mass authorised of more than 11,400 kg” substitute “(2) Pressurised aeroplanes operating in areas where thunderstorms or other potentially hazardous weather conditions are likely to be encountered”;

(iii) in the tenth row of the column under “Scale of Equipment required” for “A(1), (2), (3) and (5) and B(1), (2), (3), (4), (5) and (6)” substitute “A(1), (2), (3) and (4) and B(1), (2), (3), (4), (5) and (6)”;

(c) in paragraph 5—

(i) for sub-paragraphs (3) and (4) of Scale A substitute—

“(3) Accessible medical supplies comprising one or more first aid kits appropriate to the number of passengers the aeroplane is authorised to carry; the contents of the first aid kit or kits to be determined by the operator having due regard to the nature of the operation.

(4) A hand fire extinguisher located in the flight crew compartment and in each passenger compartment that is separate from the flight crew compartment, except if the passenger compartment is readily accessible to the flight crew.”;

(ii) for sub-paragraph (1) of Scale AA substitute—

“(1) Subject to paragraph (2), an altitude alerting system capable of alerting the pilot on 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 aural signal.”; and

(iii) for sub-paragraph (1)(b) of Scale L1 Part 1 substitute—

“(b) in every case where the flying machine flies above flight level 350, a supply of oxygen in a portable container or by an alternative method, together with suitable and sufficient apparatus to enable use of the oxygen for first aid treatment,”.

20.  In Schedule 4 (radio communication and radio navigation equipment of aircraft), in the Table in paragraph 5, for paragraph (11) of the column under “Aircraft and circumstances of flight” substitute—

“(11) All aeroplanes powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off mass of more than 5,700 kg but not exceeding 15,000 kg, or with a maximum approved passenger seating configuration of more than 19 seats, for which the individual airworthiness certificate is first issued after 1 January 2008, which are—

(a) registered in the Isle of Man wherever they may be, or

(b) wherever registered flying in the Isle of Man.”.

21.  For Schedule 7 substitute—

Article 84

“SCHEDULE 7 Documents to be carried

Circumstances in which documents are to be carried

1.— (1) On a private flight that is international air navigation, Documents A, B, C, D, E, G and H must be carried.

(2) On a flight made in accordance with the terms of a permission granted to the operator under article 35(2), Document F must be carried.

(3) On a flight made by an aircraft to which Part 17A applies, Documents I and J must also be carried.

Description of documents

2.   For the purposes of this Schedule—

(a) “Document A” means the licence in force under the Wireless Telegraphy Act 2006(9) for the aircraft radio station installed in the aircraft;

(b) “Document B” means the national certificate of airworthiness in force for the aircraft, including the latest revision of the flight manual, pilot’s operating handbook or performance schedule issued by the aircraft’s Type Certificate Holder;

(c) “Document C” means the licences of each member of the flight crew of the aircraft;

(d) “Document D” means the certificate of registration in force for the aircraft;

(e) “Document E” means a copy of the notified procedures to be followed by the pilot in command of an intercepted aircraft, and the notified visual signals for use by intercepting and intercepted aircraft;

(f) “Document F” means the permission, if any, granted for the aircraft under article 35(2);

(g) “Document G” means a list of the names of any passengers and their places of embarkation and destination, or the cargo manifest, or both those documents;

(h) “Document H” means the journey log, if any, in which entries are required to be made under article 52A;

(i) “Document I” means those parts of the company operations manual that pertain to flight operations, including the approved minimum equipment list where applicable;

(j) Document J” means the checklists required by article 99C.”.

22.—(1) Schedule 11 (penalties) is amended in accordance with paragraphs (2) to (4).

(2) In the Table in Part 1—

(a) omit the entry in respect of article 23(8);

(b) omit the entry in respect of article 23(10); and

(c) after the entry in respect of article 52(6) insert—

“52A(5)

Preservation of journey log”

(3) In the Table in Part 2—

(a) omit the entry in respect of article 23(2);

(b) omit the entry in respect of article 23(4);

(c) omit the entry in respect of article 23(7);

(d) after the entry in respect of article 32(1), (2), (3) and (6) insert—

“32A	Survival equipment to be carried”;

(e) after the entry in respect of article 51 insert—

“51A	Action to be taken when refuelling with passengers on board”;

(f) after the entry in respect of article 52(2) and (3) insert—

“52A(2)

Operator to ensure that a journey log is kept”;

“52A(3)

Pilot in command to complete journey log”;

(g) after the entry in respect of article 95 insert—

“95A	Parachuting”;

(h) after the entry in respect of article 99 insert—

“99B	Operator to provide a company operations manual
99H	Designation of pilot in command
99I	Maintenance control manual
99K	Requirement for cabin crew
99I	Use of boom microphones
99M	Requirement for a minimum equipment list”;

(i) after the entry in respect of article 129(7) to (10) insert—

“132A(3)

Obstructing or interfering with a member of the Rescue and Fire Fighting Service”.

(4) In the Table in Part 3—

(a) after the entry in respect of article 40 insert—

“51B	Requirement for notification of accident
57	Aerodrome operating minima in respect of commercial air transport, aerial work and large aircraft
58	Aerodrome operating minima in respect of certain other aircraft”;

(b) after the entry in respect of article 64 insert—

“67A	Use of oxygen;
67B	Loss of pressurisation warning”;

(c) after the entry in respect of article 85 insert—

“99C	Checklists to be used
99D	Minimum flight altitude
99E	Fatigue risk management programme
99F	Operator’s maintenance responsibilities
99G	Operator’s responsibilities for training
99J	Safeguarding of flight and voice recorder records.”.

Ceri King

Deputy Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Air Navigation (Isle of Man) Order 2015 (S.I. 2015/870) to include additional provisions in respect of large and turbojet aircraft and to make other minor amendments.

(1)

1982 c.16; sections 60 and 61 are extended to the Isle of Man by the Civil Aviation (Isle of Man) Order 2007 (S.I. 2007/614).

(2)

S.I. 2015/870.

(3)

S.I. 2007/734 as amended by SI 2007/1371.

(4)

SD 835/08.

(5)

S.I. 2007/734 as amended by SI 2007/1371.

(6)

SD 835/08.

(7)

This is available at: http://code7700.com/pdfs/icao_annex_6_part_i.pdf . The United Kingdom is a signatory to the Convention on International Civil Aviation 1944 (also known as the Chicago Convention), part of the United Nations legal framework for international aviation. The Annexes to the Convention contain standards and practices recommended by the International Civil Aviation Organisation, a specialised agency of the United Nations, and these are required to be implemented by the United Kingdom.

(8)

This is available at http://web.shgm.gov.tr/documents/sivilhavacilik/files/pdf/saglik_birimi/mevzuat/ICAO_Annex%201  ed11.pdf.

(9)

2006 c.36.