The Air Navigation (Overseas Territories) Order 2007

Balloons, kites, airships, gliders and parascending parachutes

39.—(1) The provisions of this article apply only to or in relation to aircraft within the Territory.

(2) A balloon in captive or tethered flight shall not be flown within 60 metres of any vessel, vehicle or structure except with the permission of the person in charge of any such vessel, vehicle or structure.

(3) Without the permission of the Governor—

(a) a glider or parascending parachute shall not be launched by winch and cable or by ground tow to a height of more than 60 metres above ground level;

(b) a balloon in captive flight shall not be flown within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

(c) a balloon in captive or tethered flight shall not be flown at a height measured to the top of the balloon of more than 60 metres above ground level;

(d) a kite shall not be flown at a height of more than 30 metres above ground level within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

(e) a kite shall not be flown at a height of more than 60 metres above ground level; and

(f) a parascending parachute shall not be launched by winch and cable or by ground tow within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

(4) An uncontrollable balloon in captive or released flight shall not be flown in airspace notified for the purposes of this paragraph without the permission in writing of the Governor.

(5) A controllable balloon shall not be flown in free controlled flight—

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

except during the day and in visual meteorological conditions.

(6) A controllable balloon shall not be flown in tethered flight—

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traffic zone of a notified aerodrome;

except with the permission of the appropriate air traffic control unit.

(7) A balloon when in captive flight shall be securely moored and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.

(8) An airship with a capacity exceeding 3000 cubic metres shall not be moored other than at a notified aerodrome except with the permission in writing of the Governor.

(9) An airship with a capacity not exceeding 3000 cubic metres, unless it is moored on a notified aerodrome, shall not be moored—

(a) within 2 km of a congested area; or

(b) within the aerodrome traffic zone of a notified aerodrome;

except with the permission in writing of the Governor.

(10) An airship when moored in the open shall be securely moored and shall not be left unattended.

(11) A person shall not cause or permit—

(a) a group of small balloons exceeding 1,000 in number to be simultaneously released at a single site wholly or partly within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome unless that person has given to the Governor not less than 28 days previous notice in writing of the release;

(b) a group of small balloons exceeding 2000 but not exceeding 10000 in number to be simultaneously released at a single site—

(i) within airspace notified for the purposes of this sub-paragraph; or

(ii) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome;

without the permission of the Governor;

(c) a group of small balloons greater than 10000 in number to be simultaneously released at a single site except with the permission in writing of the Governor.

(12) For the purposes of this article—

(a) ‘simultaneously released at a single site’ shall mean the release of a specified number of balloons during a period not exceeding 15 minutes from within an area not exceeding 1 km square;

(b) ‘a notified aerodrome’ is an aerodrome notified for the purposes of rule 45 of the Rules of the Air and the ‘notified operating hours’ means the times notified in respect of an aerodrome during which that rule applies.