PART V Operation of Aircraft

Loading-public transport aircraft and suspended loads
35. (1) The operator of an aircraft registered in the Territory shall not cause or permit it to be loaded for a flight for the purpose of public transport, or any load to be suspended therefrom, except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that:
(a) the load may safely be carried on the flight; and
(b) any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft, are complied with.
(2) (a) Subject to sub-paragraph (b), the instruction shall indicate the weight of the aircraft prepared for service, that is to say the aggregate of the weight of the aircraft (shown in the weight schedule referred to in article 18 of this Order) and the weight of such additional items in or on the aircraft as the operator thinks fit to include; and the instructions shall indicate the additional items included in the weight of the aircraft prepared for service, and show the position of the centre of gravity of the aircraft at that weight.
(b) Sub-paragraph (a) shall not apply in relation to a flight if:
(i) the aircraft’s maximum total weight authorised does not exceed 1150 kg;
(ii) the aircraft’s maximum total weight authorised does not exceed 2730 kg and the flight is intended not to exceed 60 minutes in duration and is either:
(aa) a flight solely for training persons to perform duties in an aircraft; or
(bb) a flight intended to begin and end at the same aerodrome; or
(iii) the aircraft is a helicopter the maximum total weight authorised of which does not exceed 3000 kg, and the total seating capacity of which does not exceed five persons.
(3) The operator of an aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in paragraph (1).
(4) (a) Subject to sub-paragraph (b), the person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the requirements specified in regulation 2 in Schedule 14 to this Order, and shall (unless he is himself the commander of the aircraft) submit the load sheet for examination by the commander of the aircraft who shall sign his name thereon.
(b) The requirements of sub-paragraph (a) shall not apply if:
(i) the load and the distributing and securing thereof upon the next intended flight are to be unchanged from the previous flight and the commander of the aircraft makes and signs an endorsement to that effect upon the load sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended place of destination; or
(ii) paragraph (2)(a) does not apply in relation to the flight.
(5) (a) Subject to sub-paragraph (b), one copy of the load sheet shall be carried in the aircraft when article 76 of this Order so requires until the flights to which it relates have been completed and one copy of that load sheet and of the instructions referred to in this article shall be preserved by the operator until the expiration of a period of six months thereafter and shall not be carried in the aircraft.
(b) In the case of an aeroplane of which the maximum total weight authorised does not exceed 2730 kg, or a helicopter, if it is not reasonably practicable for the copy of the load sheet to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a container approved by the Governor for that purpose.
(6) The operator of an aircraft registered in the Territory and flying for the purpose of the public transport of passengers shall not cause or permit baggage to be carried in the passenger compartment of the aircraft unless such baggage can be properly secured and, in the case of an aircraft capable of seating more than 30 passengers, such baggage (other than baggage carried in accordance with a permission issued pursuant to article 45(2)(d) of this Order) shall not exceed the capacity of the spaces in the passenger compartment approved by the Governor for the purpose of stowing baggage.