The Air Navigation (Overseas Territories) Order 2007

Commercial air transport - aeroplane operating conditions and performance requirements

72.—(1) Without prejudice to the provisions of article 41, an aeroplane registered in the Territory shall not fly for the purpose of commercial air transport unless such requirements as may be specified and contained in the flight manual—

(a) in respect of its weight and related performance; and

(b) for flight in specified meteorological conditions; and

(c) for flight at night;

are complied with.

(2) In the event the flight manual of an aeroplane registered in the Territory does not specify requirements—

(a) in respect of the weight and related performance of the aeroplane;

(b) for flight in all types of meteorological conditions; or

(c) for flight at night;

it shall not fly for the purpose of commercial air transport otherwise than in accordance with—

(d) such requirements as are so specified; and

(e) such instructions as may be given by the Governor to the operator of the aeroplane based upon such data as may have been provided to him by that operator.

(3) An aeroplane need not comply with paragraphs (1) and (2) if it is flying under and in accordance with an approval granted to the operator by the Governor under paragraph (4).

(4) The Governor may grant to the operator in respect of any aeroplane an approval authorising it to comply with alternative performance standards appropriate to the aeroplane and specified in the approval.

(5) An aeroplane registered in the Territory when flying over water for the purpose of commercial air transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aeroplane—

(a) if it has one engine only, in the event of the failure of that engine; or

(b) if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness or flight manual for the aeroplane;

to reach a place at which it can safely land at a height sufficient to enable it to do so.