46.—(1) This article applies to the commander of any aircraft.
(2) A commander must, before taking off on a private flight, an aerial work flight or a commercial air transport flight, take all reasonable steps so as to be satisfied of the matters specified in paragraph (3).
(3) Those matters are that —
(a)the flight can safely be made, taking into account the latest information available as to the route and aerodrome to be used, the weather reports and forecasts available and any alternative course of action that can be adopted in case the flight cannot be completed as planned;
(b)either —
(i)the equipment that must by or under this Order be carried in the circumstances of the intended flight is carried and is in a fit condition for use; or
(ii)the flight may commence under and in accordance with the terms of a permission granted to the operator under article 35(2);
(c)the aircraft is in every way fit for the intended flight;
(d)the load carried by the aircraft is of such mass, and is so distributed and secured, that it may safely be carried on the intended flight;
(e)in the case of a flying machine or airship —
(i)sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies; and
(ii)in the case of a commercial air transport flight, the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;
(f)in the case of an airship or balloon, sufficient ballast is carried for the intended flight;
(g)any pre-flight check system established by the operator and set out in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft; and
(h)in the case of a balloon, the balloon will be able to land clear of any congested area.