The Air Navigation (Overseas Territories) (Amendment) Order 2011

Amendment of the Air Navigation (Overseas Territories) Order 2007

13.  For articles 72 and 73 there shall be substituted:

“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 it complies with such data as may be approved by the State of design and contained in the flight manual for the aeroplane and such requirements as are published by the Governor under article 152 of this Order—

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

(b) for flight in specified meteorological conditions; and

(c) for flight at night.

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

(3) 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.

(4) 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, unless it is flying under and in accordance with the terms of an approval granted by the Governor.

Commercial air transport - helicopters - operating conditions and performance requirements

73.— (1) Without prejudice to the provisions of article 41, a helicopter registered in the Territory shall not fly for the purpose of commercial air transport unless it complies with such data as may be approved by the State of design and contained in the flight manual for the helicopter and such requirements as are published by the Governor under article 152 of this Order —

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

(b) flight in specified meteorological conditions; and

(c) for flight at night.

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

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

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

(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 helicopter;

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

(5) A helicopter carrying out Performance Class 3 operations shall not fly over water for the purpose of commercial air transport in the specified circumstances unless it is equipped with the required apparatus.

(6) A helicopter which is equipped with the required apparatus and which is flying under and in accordance with the terms of an air operator’s certificate granted under article 64 shall not fly in the specified circumstances except in accordance with any additional requirements specified by the Governor in relation to its equipment.

(7) A helicopter which is equipped with the required apparatus and which is flying under and in accordance with the terms of a police air operator’s certificate—

(a) on which any passenger is carried who is not a permitted passenger, shall not fly in the specified circumstances on any flight for more than 20 minutes; or

(b) on which no passenger is carried other than a permitted passenger, shall not fly over water on any flight for more than 10 minutes so as to be more than 5 minutes from a point from which it can make an autorotative descent to land at a place suitable for an emergency landing.

(8) For the purposes of paragraph (7) flying time shall be calculated at normal cruising speed.

(9) For the purposes of this article—

(a) “permitted passenger” means—

(i) a police officer;

(ii) an employee of a police authority;

(iii) a medical attendant;

(iv) the holder of a valid pilot’s licence who intends to act as a member of the flight crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate and who is being carried for the purpose of training or familiarisation; or

(v) such other person being carried for purposes connected with police operations as may be permitted in writing by the Governor;

(b) “required apparatus” means apparatus approved by the Governor enabling the helicopter to which it is fitted to land safely on water;

(c) “specified circumstances” means circumstances in which a helicopter is flying beyond a point from which it can make an autorotative descent to land at a place suitable for an emergency landing.”