The Air Navigation (Overseas Territories) Order 2007

Composition of crew of aircraft

20.—(1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.

(2) An aircraft registered in the Territory—

(a) shall carry a flight crew adequate in number and description to ensure the safety of the aircraft;

(b) which has a flight manual, shall carry a flight crew of at least the number and description specified in the flight manual;

(c) which does not have a flight manual shall carry a flight crew of at least the number and description specified by the Governor in the Certificate of Airworthiness or Permit to Fly.

(3) A flying machine registered in the Territory and flying for the purpose of commercial air transport having a maximum total weight authorised exceeding 5700 kg shall carry at least two pilots as members of the flight crew.

(4) An aeroplane registered in the Territory shall carry at least two pilots as members of its flight crew if it—

(a) has a maximum total weight authorised of 5700 kg or less;

(b) is flying for the purpose of commercial air transport;

(c) is flying in circumstances where the pilot-in-command is required to comply with the Instrument Flight Rules; and

(d) comes within paragraph (5)

(5) For the purposes of paragraph (4)(d) an aeroplane comes within this paragraph if it has—

(a) one or more turbine jets;

(b) one or more turbine propeller engines and is provided with a means of pressurising the personnel compartments;

(c) two or more turbine propeller engines and a maximum approved passenger seating configuration of more than 9;

(d) two or more turbine propeller engines and a maximum approved passenger seating configuration of fewer than 10, and not provided with a means of pressurising the personnel compartments; unless it is equipped with an autopilot which has been approved by the Governor for the purposes of this article and which is serviceable on take-off; or

(e) two or more piston engines, unless it is equipped with an autopilot which has been approved by the Governor for the purposes of this article and which is serviceable on take-off.

(6) An aeroplane—

(a) described in paragraph (5)(d) or (5)(e) which is equipped with an approved autopilot is not required to carry two pilots, notwithstanding that before take-off the approved autopilot is found to be unserviceable, if the aeroplane flies in accordance with arrangements approved by the Governor;

(b) described in paragraph (5)(c), (d) or (e) which is flying under and in accordance with the terms of a police air operator’s certificate is not required to carry two pilots.

(7) A helicopter registered in the Territory shall carry at least two pilots as members of the flight crew if it—

(a) has a maximum total weight authorised of 5,700kg or less; and

(b) is flying for the purpose of commercial air transport; and

(c) is flying by day in circumstances where the pilot-in-command is required to comply with the Instrument Flight Rules or is flying at night.

(8) A helicopter described in paragraph (7) is not required to carry two pilots if it—

(a) is equipped with an autopilot with, at least, altitude hold and heading mode which is serviceable on take off;

(b) is equipped with such an autopilot, notwithstanding that before take-off the approved autopilot is found to be unserviceable, if the helicopter flies in accordance with arrangements approved by the Governor;

(c) is flying under and in accordance with the terms of a police air operator’s certificate; or

(d) is flying by day and remains clear of cloud and with the surface in sight.

(9) An aircraft registered in the Territory engaged on a flight for the purpose of commercial air transport shall carry—

(a) a flight navigator as a member of the flight crew; or

(b) navigational equipment suitable for the route to be flown;

if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown, and to pass over part of an area specified in Schedule 3.

(10) A flight navigator carried in compliance with paragraph (9) shall be carried in addition to any person who is carried in accordance with this article to perform other duties.

(11) An aircraft registered in the Territory, which is required by article 16 to be equipped with radio communications apparatus, shall carry a flight radiotelephony operator as a member of the flight crew.

(12) Paragraphs (13) and (14) apply to any flight for the purpose of commercial air transport by an aircraft registered in the Territory which has a maximum approved passenger seating configuration of more than 19 and on which at least one passenger is carried.

(13) The crew of an aircraft on a flight to which this paragraph applies shall include cabin crew carried for the purposes of performing, in the interests of the safety of passengers, duties to be assigned by the operator or the pilot-in-command of the aircraft but who shall not act as members of the flight crew.

(14) On a flight to which this paragraph applies—

(a) there shall, subject to sub-paragraph (b), be carried not less than one member of the cabin crew for every 50 or fraction of 50 passenger seats installed in the aircraft;

(b) the number of members of the cabin crew calculated in accordance with sub-paragraph (a) need not be carried if the Governor has granted written permission to the operator to carry a lesser number on that flight and the operator carries the number specified in that permission and complies with any other terms and conditions subject to which such permission is granted.

(15) The Governor may in the interests of safety direct the operator of any aircraft registered in the Territory that all or any aircraft operated by him when flying in circumstances specified in the direction shall carry, in addition to the crew required to be carried by the foregoing provisions of this article, such additional persons as members of the flight crew or the cabin crew as he may specify in the direction.