The Air Navigation (Overseas Territories) (Amendment) Order 2004

Amendment of the Air Navigation (Overseas Territories) Order 2001

4.—(1) For article 8(2)(e) there shall be substituted:

• “an aircraft flying in accordance with a permit to fly issued by the Governor under article 9A of this Order or with a certificate of validation issued by the Governor under article 9B of this Order.”

(2) After article 9 there shall be inserted:

“Issue, renewal, etc. of permits to fly

9A.— (1) (a) Subject to sub-paragraph (b), the Governor shall issue in respect of any aircraft a permit to fly if he is satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.

(b) The Governor shall refuse to issue a permit to fly in respect of an aircraft if it appears to the Governor that the aircraft is eligible for and ought to fly under and in accordance with a certificate of airworthiness.

(2) (a) Subject to sub-paragraph (c), an aircraft flying in accordance with a permit to fly pursuant to article 8(2)(e) shall not fly for the purpose of public transport or aerial work other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

(b) No person shall be carried during flights for the purpose of flying displays or demonstration flying, except the minimum flight crew unless the prior permission of the Governor has been obtained.

(c) With the permission of the Governor, an aircraft flying in accordance with a permit to fly pursuant to article 8(2)(e) may fly for the purpose of aerial work which consists of the giving of instruction in flying or the conduct of flying tests, subject to the aircraft being owned 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.

(3) The Governor may issue the permit to fly subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as he thinks fit.

(4) Subject to this article and article 81 of this Order, a permit to fly issued under this article shall remain in force for such periods as may be specified therein and may be renewed from time to time by the Governor for such further period as he thinks fit.

(5) A permit to fly issued in respect of an aircraft shall cease to be in force:

(a) if any conditions associated with the permit are not complied with;

(b) until the completion of any inspection, modification or maintenance of the aircraft or any of its equipment, required for ascertaining whether the aircraft remains airworthy and:

(i) classified as mandatory by the Governor; or

(ii) required as a condition of the permit to fly;

(c) if the aircraft, engines or propellers, or such of its equipment as is necessary for the airworthiness of the aircraft, are modified or repaired; unless the repair or modification has been approved by the Governor or by a person approved by the Governor for the purpose;

(d) unless the permit includes a current certificate of validity issued by the Governor or by a person approved by the Governor for the purpose.

(6) A placard shall be affixed to any aircraft flying in accordance with a permit to fly in full view of the occupants which shall be worded as follows:

• “Occupant Warning This aircraft has not been certificated to an International Requirement”

(7) An aircraft flying in accordance with a permit to fly shall only be flown by day and in accordance with the Visual Flight Rules unless the prior permission of the Governor has been obtained.

(8) Nothing in this Order shall oblige the Governor to accept an application for the issue, variation or renewal of a permit to fly when the application is not supported by such reports from such approved persons as the Governor may specify (either generally or in a particular case or class of cases).

(9) A permission granted for the purpose of paragraphs (2)(b), (2)(c) or (7) and an approval granted for the purpose of paragraph (5)(c) or (5)(d) shall be in writing and may be granted subject to such conditions as the Governor thinks fit.

Issue etc. of certificates of validation of permits to fly or equivalent documents

9B.— (1) The Governor shall issue in respect of any aircraft registered elsewhere than the Territory a certificate of validation if he is satisfied that there is in respect of the aircraft a permit to fly or equivalent document issued or validated by the competent authority of the country in which the aircraft is registered which applies standards which are substantially equivalent to those required for the issue of a permit to fly by the Governor.

(2) An aircraft flying in accordance with a certificate of validation pursuant to article 8(2)(e) shall not fly for the purpose of public transport or aerial work other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

(3) The Governor may issue a certificate of validation subject to such other conditions relating to the airworthiness, operation or maintenance of the aircraft as he thinks fit.

(4) Subject to this article and article 81 of this Order, a certificate of validation issued under this article shall remain in force for such periods as may be specified therein and may be renewed from time to time by the Governor for such further period as he thinks fit.”.