http://www.legislation.gov.uk/id/uksi/2011/237

http://www.legislation.gov.uk/uksi/2011/237/article/14/made

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

Motor industry

King's Printer of Acts of Parliament

2024-05-21

CIVIL AVIATION

This Order amends the Air Navigation (Overseas Territories) Order 2007 (referred to below as “the Order”). In addition to minor corrective amendments, the following changes are made, many of which are determined as a result of the findings and recommendations of the safety oversight audit carried out by the International Civil Aviation Organisation (ICAO) in February 2009, and the corrective action plan established thereafter, or as a result of amendments to the Annexes to the Chicago Convention (“the Convention”) – including amendments in terminology - and completion of the revision of the Aircraft Operational Parts of the Overseas Territories Aviation Requirements (OTAR). (The articles of this Order that reflect a revision of OTAR are articles 6, 7, 9, 10, 14, 16 and 21):The title to article 14 of the Order is amended in order to eliminate some confusion as to its applicability, in that it is applicable to individuals as well as to organisations.Articles 15 and 16 are amended to reflect the fact that all the instrument and equipment requirements, in compliance with Annexes 6 and 8 to the Convention, are now contained within the up-to-date version of the respective OTAR Parts, appropriate to the nature and circumstances of the flights. This means that there is no longer a requirement to retain Schedules 4 and 5 to the Order.In article 20, paragraph (4) it was always intended to provide for the requirements of subparagraphs (a) and (b) to be cumulative rather than alternative and the amendment addresses that intent. The amendment to subparagraph (c) is intended to eliminate a potential conflict with the provisions of paragraph (7)(c) as well as to give full effect to the ICAO standards.The revision to article 32 links with the revision to article 85(6) (see point 12 of this Note below) and is designed to harmonise the provisions to reflect the fact that formal approval of the operations manual by the Governor is not required in respect of non-commercial air transport operators.A revised article replaces article 40, in order to align the provisions with those contained in the UK Air Navigation Order 2009.A revised article replaces article 42 in order to align the provisions more precisely with those contained in the Annexes to the Convention and the revised Aircraft Operational OTAR Parts.The substitution of the new articles 50 – 54 is made in order to align the provisions with those contained in the UK Air Navigation Order 2009 and in order to adopt the terminology prescribed by ICAO.The revision to article 56 reflects recent amendments to the ICAO standards to group all data recording systems installed on aircraft under the generic title of “flight recorders” in place of the previous individual references to specific items of equipment. The consequential amendment to article 156(1) (see point 18 of this Note below) reflects that change.The substitution of articles 72 and 73 is for the purpose of providing compliance with the ICAO standards contained in Annex 6 to the Convention and also for the purpose of facilitating the introduction of the revised Aircraft Operational OTAR Parts.The substitution of articles 75 and 76 is for the purpose of ensuring full compliance with the ICAO standards and in order to rationalise the provisions contained in the revised Aircraft Operational OTAR Parts.The amendment to article 83(2)(d) is purely to correct an error in relation to the certificated weight of certain categories of helicopter, so as to ensure compliance with ICAO standards.The amendment to article 85(6) arises out of a review of the final provisions of ICAO Annex 6, Part II Section III; and in the light of comments received in the consultation on the revision to the Aircraft Operational OTAR Parts, including Part 125. It became clear that the requirement for the formal approval of a private operator’s operations manual was both over-burdensome and unnecessary and the amendment merely requires that the operator provide a copy of its manual if requested.The amendment to article 105(8), and the consequential deletion of Schedule 11, is made in recognition of the fact that the revised edition of the Aerodrome Certification OTAR Part 139 contains all the material required by the certificate holder in relation to the development of an aerodrome manual.The substitution of article 106 is for the purpose of aligning the provisions more precisely with the recommended practices of ICAO.The addition of paragraph (1)(c) to article 112 is for the purpose of aligning the provisions with those contained in the UK Air Navigation Order 2009 and for the purpose of facilitating a prosecution of those using lasers with the intention of endangering the safety of an aircraft.The addition of paragraphs (5), (6) and (7) to article 135 is for the purpose of providing a firm legal basis for the conduct of ramp checks on foreign registered aircraft in accordance with article 16 of the Chicago Convention and in order to align the provisions with those applied in the UK under the EC Directive on the Safety Assessment of Foreign Aircraft (SAFA).The amendment to article 148 is to correct a failure of the present Order to revoke previous Air Navigation (Overseas Territories) Orders with respect to the British Antarctic Territory.The amendments to article 156(1) and (5) are for the purpose of correcting errors or for implementing ICAO revised definitions.The amendment to Schedule 6 is to correct an anomaly derived from previous adoption of the text of the UK Air Navigation Orders in a situation in which the Territories do not follow UK practice by including in a Private Pilot’s Licence an instrument rating (aeroplanes). In that situation the provisions of sub-paragraphs (a) and (b) do not therefore apply.The amendment to Rule 1 of the Rules of the Air is for the purpose of correcting an error.The amendment by way of addition to rule 8 of the Rules of the Air in Schedule 8 is for the purpose of complying with a new provision in Annex 2 to the Convention.The amendment to regulation 18 of the Air Navigation (Dangerous Goods) Regulations contained in Schedule 10 is intended to correct an error in order to bring the regulation into alignment with the provisions of regulation 19 and the corresponding provisions of the UK Regulations.

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

Order

The Air Navigation (Overseas Territories) Order 2013

Sch. 1

arts. 190

191

194

art. 1

Amendment of the Air Navigation (Overseas Territories) Order 200714

For articles 75 and 76 there shall be substituted:

Commercial air transport aircraft registered in the Territory – aerodrome-operating minima75
1
This article applies to commercial air transport aircraft registered in the Territory.
2
An aircraft to which this article applies shall not conduct a Category II operation, an Other than Standard Category II operation or an approach and landing using minima lower than those for a Category II operation unless—
a
the aircraft is certificated for operations with decision heights below 200 feet, or no decision height, and is equipped for such operations; and
b
the operation is conducted under and in accordance with the terms of an approval issued by the Governor.
3
An aircraft to which this article applies shall not—
a
take off when the relevant runway visual range is less than the specified runway visual range; or
b
conduct an approach and landing when the visibility or relevant runway visual range is less than that specified for a Category I operation;
otherwise than under and in accordance with the terms of an approval so to do issued by the Governor.
4
The operator of every aircraft to which this article applies shall establish and include in the operations manual or the police operations manual relating to the aircraft the particulars (in this sub-paragraph called “the said particulars”) of the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome.
5
In relation to any flight where neither an operations manual nor a police operations manual is required under articles 66(3) or 67(3) respectively, or it is not practicable to include the said particulars in the operations manual or police operations manual, the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished in writing to the pilot-in-command of the aircraft the said particulars calculated in accordance with the required data and instructions (as defined in paragraph (6) of this article) and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months.
6
The operator of every aircraft to which this article applies for which an operations manual or a police operations manual is required by this Order, shall include in that operations manual such data and instructions (in this article called ‘the required data and instructions’) as will enable the pilot-in-command of the aircraft to calculate the aerodrome operating minima appropriate to aerodromes the use of which cannot reasonably have been foreseen by the operator prior to the commencement of the flight.
7
The operator of every such aircraft to which this article applies for which neither an operations manual nor a police operations manual is required by this Order shall, prior to the commencement of the flight, cause to be furnished in writing to the pilot-in-command of the aircraft the required data and instructions; and the operator shall cause a copy of the required data and instructions to be retained outside the aircraft for a minimum period of three months.
8
The specified aerodrome operating minima shall not permit a landing or take-off in circumstances where the relevant aerodrome operating minima declared by the competent authority would prohibit it, unless that authority otherwise permits in writing.
9
In establishing aerodrome-operating minima for the purposes of this article the operator of the aircraft shall take into account the following matters—
a
the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness;
b
the composition of its crew;
c
the physical characteristics of the relevant aerodrome and its surroundings;
d
the dimensions of the runways which may be selected for use; and
e
whether or not there are in use at the relevant aerodrome any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids;
and shall establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which can reasonably be expected.
10
An aircraft to which this article applies shall not commence a flight at a time when—
a
the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minimum specified for take-off; or
b
according to the information available to the pilot-in-command of the aircraft it would not be able without contravening paragraphs (11) or (12), to land at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.
11
An aircraft to which article 66 of this Order applies, when making a descent to an aerodrome, shall not descend from a height of 1000 feet or more above the aerodrome to a height less than 1000 feet above the aerodrome if the reported visibility or relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.
12
An aircraft to which this article applies, when making a descent to an aerodrome, shall not—
a
continue an approach to landing at any aerodrome by flying below the relevant specified decision height; or
b
descend below the relevant specified minimum descent height;
unless in either case from such height the specified visual reference for landing is established and is maintained.
13
If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot-in-command of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
14
In this article ‘specified’ in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or furnished in writing to the pilot-in-command of the aircraft by the operator in accordance with paragraph (5).
15
In this article “Category I operation”, “Category II operation” and “Other than Standard Category II operation” have the same meaning as in article 76(9).
Commercial air transport aircraft not registered in the Territory – aerodrome-operating minima76
1
This article applies to commercial air transport aircraft registered in a country other than the Territory.
2
An aircraft to which this article applies shall not conduct a Category II operation, an Other than Standard Category II operation or an approach and landing using minima lower than those for a Category II operation unless—
a
the aircraft is certificated for operations with decision heights below 200 feet, or no decision height, and is equipped for such operations; and
b
the operation is conducted under the terms of an approval so to do;
in accordance with the law of the country in which it is registered.
3
An aircraft to which this article applies shall not—
a
take off when the relevant runway visual range is less than the specified runway visual range; or
b
conduct an approach and landing when the visibility or relevant runway visual range is less than that specified for a Category I operation;
otherwise than under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.
4
An aircraft to which this article applies shall not fly in or over the Territory unless the operator thereof has made available to the flight crew aerodrome operating minima that comply with paragraph (5) in respect of every aerodrome at which it is intended to land or take off and every alternate aerodrome.
5
The aerodrome operating minima provided for the purposes of paragraph (4) shall be no less restrictive than either—
a
minima calculated in accordance with the notified method for calculating aerodrome operating minima; or
b
minima which comply with the law of the country in which the aircraft is registered;
whichever are the more restrictive.
6
An aircraft to which this article applies shall not take off or land at an aerodrome in the Territory in contravention of the specified aerodrome operating minima.
7
Without prejudice to the provisions of paragraphs (3)(b) and (6) an aircraft to which this article applies, when making a descent to an aerodrome, shall not descend from a height of 1000 feet or more above the aerodrome to a height of less than 1000 feet above the aerodrome if the reported visibility or relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.
8
Without prejudice to the provisions of paragraphs (3)(b), (6) and (7) an aircraft to which this article applies, when making a descent to an aerodrome shall not—
a
continue an approach to landing at any aerodrome by flying below the relevant specified decision height; or
b
descend below the relevant specified minimum descent height;
unless in either case from such height the specified visual reference for landing is established and is maintained.
9
In this article—
a
‘specified’ means specified by the operator in the aerodrome operating minima made available to the flight crew under paragraph (4);
b
‘Category I operation’ means a precision instrument approach and landing with a decision height not lower than 200 feet and with either a visibility not less than 800 metres or a runway visual range not less than 550 metres;
c
‘Category II operation’ means a precision approach and landing using an Instrument Landing System or Microwave Landing System with—
i
a decision height below 200 feet but not lower than 100 feet; and
ii
a runway visual range of not less than 300 metres;
d
‘Other than Standard Category II operation’ means a Category II operation to a runway where some or all of the elements of the ICAO Annex 14 precision approach Category II lighting system are not available.