SCHEDULE 8 RULES OF THE AIR

SECTION V VISUAL FLIGHT RULES

25 Applicability of the Visual Flight Rules
(1) Within controlled airspace rules 27, 29 and 30 shall be the Visual Flight Rules.
(2) Outside controlled airspace rule 28 shall be the Visual Flight Rules.

26 Reported visibility
For the purposes of an aircraft taking off from or approaching to land at an aerodrome within Class B, Class C, or Class D airspace, the visibility, if any, communicated to the pilot-in-command of the aircraft by the appropriate air traffic control unit shall be taken to be the flight visibility for the time being.

27 Flight within controlled airspace
(1) Subject to paragraphs (2) and (3), an aircraft flying within Class B, Class C, Class D or Class E airspace—
(a) at or above flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km;
(b) below flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km.
(2) An aircraft shall be deemed to have complied with paragraph (1)(b) if—
(a) the aircraft is not a helicopter and it—
(i) flies at or below 3,000 feet above mean sea level;
(ii) flies at a speed which, according to its airspeed indicator, is 140 knots or less; and
(iii) remains clear of cloud, with the surface in sight and in a flight visibility of at least 5 km; or
(b) the aircraft is a helicopter and it—
(i) flies at or below 3,000 feet above mean sea level; and
(ii) remains clear of cloud, with the surface in sight and in a flight visibility of at least 1,500 metres.
(3) Nothing in this rule shall apply to a helicopter that is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

28 Flight outside controlled airspace
(1) An aircraft flying outside controlled airspace at or above flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km.
(2) Subject to paragraphs (3), (4) and (5), an aircraft flying outside controlled airspace below flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km.
(3) Paragraph (2) shall not apply to an aircraft which—
(a) flies at or below 3,000 feet above mean sea level;
(b) remains clear of cloud with the surface in sight; and
(c) is in a flight visibility of at least 5 km.
(4) Paragraph (2) shall not apply to an aircraft which—
(a) flies at or below 3,000 feet above mean sea level;
(b) flies at a speed which, according to its air speed indicator, is 140 knots or less;
(c) remains clear of cloud with the surface in sight; and
(d) is in a flight visibility of at least 1,500 metres.
(5) Nothing in this rule shall apply to a helicopter which is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

29 VFR flight plan and air traffic control clearance in Class B, Class C or Class D airspace
(1) Subject to rule 31, before an aircraft flies within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the pilot-in-command of the aircraft shall—
(a) cause to be communicated to the appropriate air traffic control unit a flight plan which complies with paragraphs (2) and (3) (as appropriate); and
(b) obtain an air traffic control clearance to fly within that airspace.
(2) The flight plan shall contain such particulars of the flight as may be necessary to enable the air traffic control unit to issue a clearance and for search and rescue purposes.
(3) The flight plan required for a flight within Territory reduced vertical separation minimum airspace shall also state whether or not the aircraft is equipped with height keeping systems, as required by articles 51 or 52 of this Order.
(4) The pilot-in-command of an aircraft shall not cause a flight plan to be communicated to the appropriate air traffic control unit for VFR flight in Class C airspace above FL195 or along a Class C ATS route at any level unless authorised to do so by the Governor.

30 Maintaining continuous watch and complying with air traffic control instructions
(1) Subject to rule 31, whilst flying within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the pilot-in-command of an aircraft shall—
(a) cause a continuous watch to be maintained on the notified radio frequency appropriate to the circumstances; and
(b) comply with any instructions which the appropriate air traffic control unit may give.

31 Exceptions to rules 29 and 30
(1) Rule 29 shall not apply if the aircraft has otherwise been authorised by the appropriate air traffic control unit.
(2) Rules 29(1) and 30 shall not apply to any glider flying or intending to fly in Class B airspace notified for the purpose of this paragraph.
(3) Rules 29(1) and 30 shall not apply to any glider which—
(a) flies during the day;
(b) is in controlled airspace notified for the purpose of this paragraph; and
(c) remains at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km.
(4) Rules 29(1) and 30 shall not apply to any mechanically driven aircraft without radio equipment if—
(a) it flies during the day;
(b) it is in controlled airspace notified for the purpose of this paragraph;
(c) it remains at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km; and
(d) its pilot-in-command has previously obtained the permission of the appropriate air traffic control unit to fly within the controlled airspace.