The Air Navigation (Overseas Territories) Order 1989

Grant, renewal and effect of Flight Crew Licences

20.—(1) (a) The Governor may grant licences, subject to such conditions as he thinks fit, of any of the classes specified in Part A of Schedule 8 to this Order authorising the holder to act as a member of the flight crew of an aircraft registered in the Territory, upon his being satisfied that the applicant is a fit person to hold the licence, and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) and undertakes such courses of training as the Governor may require of him.

(b) A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence in Part A of the said Schedule.

(c) A licence granted under this Article shall not be valid unless it bears thereon the ordinary signature of the holder in ink.

(d) A licence shall, subject to the provisions of Article 62 of this Order, remain in force for the periods indicated in the licence, not exceeding those respectively specified in the said Schedule, and may be renewed by the Governor from time to time upon his being satisfied that the applicant is a fit person and qualified as aforesaid. If no period is indicated in the licence it shall remain in force, subject as aforesaid, for the lifetime of the holder.

Provided that, until 1st January 1993, the said Part A of Schedule 8 shall be applied as if:—

(i) in the privileges of the Commercial Pilot’s Licence (Aeroplanes), proviso (e) to paragraph (2), the proviso to paragraph (3) and paragraph (4) were omitted;

(ii) the privileges of the Airline Transport Pilot’s Licence (Aeroplanes) were amended to read:—

• “the holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot’s Licence (Aeroplanes) except that for proviso (d) to paragraph (2) of those privileges, there shall be substituted—

  (d)

  he shall not at any time after he attains the age of 60 years fly such an aeroplane for the purpose of public transport if its maximum total weight authorised exceeds 20,000 kg.”;

(iii) in the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes), proviso (e) to paragraph (2), the proviso to paragraph (3) and paragraph (4) were omitted; and

(iv) in the privileges of the Airline Transport Pilot’s Licence (Helicopters and Gyroplanes), all the words after “shall not apply” were omitted.

(2) The Governor may include in a licence a rating, subject to such conditions as he thinks fit, of any of the classes specified in Part B of the said Schedule, upon his being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating relates, and such rating shall be deemed to form part of the licence.

(3) Subject to any conditions of the licence and to the provisions of this Order, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Part A of the said Schedule under the heading “privileges”, and a rating of any class shall entitle the holder of the licence in which such rating is included to perform the functions specified in respect of that rating in Part B of the said Schedule.

(4) (a) Subject to the provisions of sub-paragraph (c) of this paragraph, the holder of a pilot’s licence or a flight engineer’s licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of test or a valid certificate of experience, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Part C of the said Schedule and shall otherwise comply with that Part:

• Provided that the holder of a Private Pilot’s Licence (Balloons and Airships) or a Commercial Pilot’s Licence (Balloons) shall be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight when the licence does not bear such a certificate.

(b) The holder of a flight navigator’s licence shall not be entitled to perform functions on a flight to which Article 18(4) of this Order applies unless the licence bears a valid certificate of experience which certificate shall be appropriate to the functions he is to perform on that flight in accordance with Part C of Schedule 8 and shall otherwise comply with that Part.

(c) In any case where the Private Pilot’s Licence is in such a form that it is not possible to include certificates therein, the holder of such a licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the certificate of test or certificate of experience required by sub-paragraph (a) of this paragraph is included in the personal flying log book required to be kept by him under Article 22 of this Order.

(5) A person shall not be entitled to perform the functions to which an instrument rating (aeroplanes), an instrument rating (helicopters), a flying instructor’s rating, an assistant flying instructor’s rating, or an instrument meteorological conditions rating (aeroplanes) relates unless his licence bears a valid certificate of test which certificate shall be appropriate to the functions to which the rating relates in accordance with Part C of the said Schedule and shall otherwise comply with that Part.

(6) A person who, on the last occasion when he took a test for the purposes of paragraphs (4) or (5) of this Article, failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it.

(7) (a) The holder of a licence, other than a flight radiotelephony operator’s licence, granted under this Article shall not be entitled to perform any of the functions to which his licence relates unless it includes a valid medical certificate.

(b) Every applicant for or holder of such a licence shall upon such occasions as the Governor may require submit himself to medical examination by a person approved by the Governor either generally or in a particular case or class of case who shall make a report to the Governor in such form as the Governor may require.

(c) Where the medical examination referred to in sub-paragraph (b) of this paragraph has been conducted in the Territory, the Governor or any person approved by him as competent to do so may, on the basis thereof, issue a medical certificate subject to such conditions as he thinks fit to the effect that he has assessed the holder of the licence as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to paragraph (8) of this Article, be valid for such period as is therein specified and shall be deemed to form part of the licence.

(d) Where the medical examination is conducted outside the Territory the person conducting the examination shall, in addition to making a report to the Governor, issue a certificate certifying, if such is, in his opinion, the case, that the holder of the licence is fit to perform the functions to which the licence relates and the said certificate may be deemed by the Governor to be a medical certificate for the purposes of this Article, and if so shall be valid for such period as may be specified therein in writing by the person conducting the examination.

(8) (a) A person shall not be entitled to act as a member of the flight crew of an aircraft registered in the Territory if he knows or suspects that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.

(b) Every holder of a medical certificate issued under Article 19 or 20 of this Order who—

(i) suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew; Or

(ii) suffers any illness involving incapacity to undertake those functions throughout a period of 20 days or more; or

(iii) in the case of a woman, has reason to believe that she is pregnant

shall inform the Governor in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 20 days has elapsed in the case of illness. The medical certificate shall be deemed to be suspended upon the occurrence of such injury or the elapse of such period of illness or the confirmation of the pregnancy, and—

(aa) in the case of injury or illness the suspension shall cease upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume his functions as a member of the flight crew or upon the Governor exempting, subject to such conditions as he thinks fit, the holder from the requirement of a medical examination; and

(bb) in the case of pregnancy, the suspension may be lifted by the Governor for such period and subject to such conditions as he thinks fit and shall cease upon the holder being medically examined under arrangements made by the Governor after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.

(9) Nothing in this Order shall prohibit the holder of a pilot’s licence from acting as pilot of an aircraft having a maximum total weight authorised not exceeding 5,700 kg. when, with the permission of the Governor, he is testing any person for the purposes of paragraph (1), (2), (4) or (5) of this Article, notwithstanding that the type of aircraft in which the test is conducted is not specified in the aircraft rating included in his licence or that the licence or personal flying log book, as the case may be, does not include a valid certificate of test or a valid certificate of experience in respect of the type of aircraft.

(10) Where any provision of Part C of Schedule 8 or Part B of Schedule 10 to this Order permits a test to be conducted in a flight simulator approved by the Governor, that approval may be granted subject to such conditions as the Governor thinks fit.

(11) Without prejudice to any other provision of this Order the Governor may, for the purpose of this Article, either absolutely or subject to such conditions as he thinks fit—

(a) approve any course of training or instruction;

(b) authorise a person to conduct such examinations or tests as he may specify;

(c) approve a person to provide any course of training or instruction; and

(d) approve a person as qualified to furnish reports to him and to accept such reports.