Members of flight crew - requirement for licence
21.—(1) Subject to the provisions of this article, a person shall not act as a member of the flight crew of an aircraft registered in the Territory unless he is the holder of an appropriate licence granted or rendered valid under this Order.
(2) A person may within the Territory without being the holder of an appropriate licence—
(a)subject to article 25(5) of this Order, act as pilot-in-command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence if—
(i)he is at least 16 years of age;
(ii)he is the holder of a valid medical certificate to the effect that he is fit so to act issued by a person approved by the Governor;
(iii)he complies with any conditions subject to which that medical certificate was issued;
(iv)no other person is carried in the aircraft;
(v)the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and
(vi)he so acts in accordance with instructions given by a person holding a pilot’s licence granted under this Order, being a licence which includes a flying instructor’s rating entitling him to give instruction in flying the type of aircraft being flown;
(b)act as a flight radiotelephony operator if he does so as a person being trained in an aircraft registered in the Territory to perform duties as a member of the flight crew of an aircraft, and is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment;
(c)subject to article 25(5) of this Order, act as pilot of an aircraft in respect of which the flight crew required to be carried by or under this Order does not exceed one pilot for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence if—
(i)the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests;
(ii)he so acts in accordance with instructions given by a person holding a pilot’s licence granted under this Order, being a licence which includes a flying instructor rating entitling him to give instruction in flying the type of aircraft being flown;
(iii)the aircraft is fitted with dual controls and he is accompanied in the aircraft by the said instructor who is seated at the other set of controls or the aircraft is fitted with controls designed for and capable of use by two persons and he is accompanied in the aircraft by the said instructor who is seated so as to be able to use the controls.
(3) A person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered in a country other than the Territory unless—
(a)in the case of an aircraft flying for the purpose of commercial air transport or aerial work, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or
(b)in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Governor does not in the particular case give a direction to the contrary.
(4) A person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in the Territory for the purpose of undergoing training or tests for the grant or renewal of a pilot’s licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the conditions specified in paragraph (5) are complied with.
(5) The conditions referred to in paragraph (4) are—
(a)no other person shall be carried in the aircraft or in an aircraft being towed thereby except—
(i)a person carried as a member of the flight crew in compliance with this Order;
(ii)a person authorised by the Governor to witness the training or tests or to conduct the tests; or
(iii)if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft; and
(b)the person acting as the pilot of the aircraft without being the holder of an appropriate licence either—
(i)within the period of six months immediately preceding was serving as a qualified pilot of an aircraft in any of Her Majesty’s naval, military or air forces, and his physical condition has not, so far as he is aware, so deteriorated during that period as to render him unfit for the licence for which he intends to qualify; or
(ii)holds a pilot’s, a flight navigator’s or a flight engineer’s licence granted under article 22 and the purpose of the training or test is to enable him to qualify under this Order for the grant of a pilot’s licence or for the inclusion of an additional type in the aircraft rating in his licence and he acts under the supervision of a person who is the holder of an appropriate licence.
(6) A person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the Territory for the purposes of undergoing training or tests for the grant or renewal of a flight navigator’s or a flight engineer’s licence or for the inclusion, renewal or extension of a rating therein, without being the holder of an appropriate licence if he acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.
(7) A person may act as a member of the flight crew of an aircraft registered in the Territory without being the holder of an appropriate licence if, in so doing, he is acting in the course of his duty as a member of any of Her Majesty’s naval, military or air forces.
(8) An appropriate licence for the purposes of this article means a licence that entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.
(9) The holder of a licence granted or rendered valid under this Order, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in the Territory in or over the territory of a Contracting State other than the Territory except in accordance with permission granted by the competent authorities of that State;
(10) The holder of a licence granted or rendered valid under the law of a Contracting State other than the Territory, being a licence endorsed as provided in paragraph (9), shall not act as a member of the flight crew of any aircraft in or over the Territory except in accordance with permission granted by the Governor, whether or not the licence is or is deemed to be rendered valid under this Order.