8.—(1) After article 8(5) insert —
“(6) An aircraft flying clear of cloud and with the surface in sight shall, for the purposes of this article, be deemed to be flying in accordance with the Visual Flight Rules.”.
(2) In article 155 for the definition of JAR-FCL 1 substitute —
“‘JAR-FCL 1’ means the Joint Aviation Requirement of the JAA bearing that title including Amendment 5 adopted by the JAA on 1st March 2006;”.
(3) In article 155 for the definitions of JAR-OPS 1 and JAR-OPS 3 substitute —
“‘JAR-OPS 1’ means the Joint Aviation Requirement of the JAA bearing that title including Amendment 10 adopted by the JAA on 1st March 2006;
‘JAR-OPS 3’ means the Joint Aviation Requirement of the JAA bearing that title including Amendment 3 adopted by the JAA on 1st April 2004 and the Corrigendum adopted by the JAA on 1st July 2004;”.
(4) In Schedule 4, paragraph 6, in paragraph (6) of Scale B for “with a maximum approved passenger seating configuration of more than 9” substitute “and with a maximum approved passenger seating configuration of 9 or less”.
(5) In Schedule 5, paragraph 2(5) —
(a)in sub-paragraph (d)(i) in the column “Scale of Equipment Required” omit “B”; and
(b)in sub-paragraph (d)(ii) in the column “Scale of Equipment Required” insert “B”.
(6) In Schedule 8, Part C, Section 2, in paragraph 2(1)(c)(i) for “the requirements in paragraph (b) above” substitute “the requirements in sub-paragraph (a) above”.
(7) In Schedule 10, paragraph 2(2), for “the certificate of airworthiness in force in respect of the aircraft” substitute “in the case of a non-EASA aircraft the national certificate of airworthiness in force in respect of the aircraft”(1).
An EASA aircraft is required by virtue of Part 21 to carry its certificate of airworthiness, restricted certificate of airworthiness or permit to fly, as the case may be, during all flights.