The Air Navigation (Isle of Man) Order 2015

Article 39(1)

PART 2 Exceptions to flight licence requirement

Exception to act as flight radiotelephony operator

1.—(1) A person may act as a flight radiotelephony operator within the Isle of Man without being the holder of an appropriate licence rendered valid under this Order, if the conditions in sub-paragraph (2) apply.

(2) The conditions referred to in sub-paragraph (1) are that the person is—

(a) the pilot of a glider on a private flight and does not communicate by radiotelephony with any air traffic control unit, flight information unit or air/ground communications service unit; or

(b) being trained in an aircraft registered in the Isle of Man to perform duties as a member of the flight crew of an aircraft and is authorised to operate the radiotelephony station by the holder of the licence granted for that station under any enactment.

Exception for solo flying training

2.—(1) A person may act as the pilot in command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence within the Isle of Man, without being the holder of an appropriate licence rendered valid under this Order, if the conditions in sub-paragraph (2) are satisfied.

(2) The conditions referred to in sub-paragraph (1) are that—

(a) the person is at least 16 years of age;

(b) the person is the holder of a valid medical certificate to the effect that the person is fit to act as pilot in command, issued by a person approved by the Department;

(c) the person complies with any conditions subject to which that medical certificate was issued;

(d) no other person is carried in the aircraft;

(e) the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and

(f) the person acts in accordance with instructions given by another person holding a pilot’s licence rendered valid under this Order or a JAA licence, in each case being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling that other person to give instruction in flying the type of aircraft being flown.

Exception for dual flying training

3.—(1) A person may act as the pilot of an aircraft of which the flight crew required to be carried by or under this Order is not more than one pilot for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence within the Isle of Man, without being the holder of an appropriate licence rendered valid under this Order, if the conditions in sub-paragraph (2) are satisfied.

(2) The conditions referred to in sub-paragraph (1) are that—

(a) the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests;

(b) the person acts in accordance with instructions given by another person holding a pilot’s licence rendered valid under this Order or a JAA licence, in each case being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling that other person to give instruction in flying the type of aircraft being flown; and

(c) either —

(i) the aircraft is fitted with dual controls and the person is accompanied in the aircraft by the instructor who is seated at the other set of controls; or

(ii) the aircraft is fitted with controls designed for and capable of use by two persons and the person is accompanied in the aircraft by the instructor who is seated so as to be able to use the controls.

Exception for gyroplanes at night

4.—(1) A person may act as pilot in command of a gyroplane at night within the Isle of Man without being the holder of an appropriate licence rendered valid under this Order if the conditions in sub-paragraph (2) are satisfied.

(2) The conditions referred to in sub-paragraph (1) are that—

(a) the person is the holder of an appropriate licence rendered valid under this Order in all respects save that—

(i) the licence does not include an instrument rating; and

(ii) the person has not within the immediately preceding 13 months carried out as pilot in command at least five take-offs and five landings at a time when the depression of the centre of the sun was not less than 12° below the horizon;

(b) the person so acts in accordance with instructions given by another person holding a pilot’s licence rendered valid under this Order or a JAA licence, being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling that other person to give instruction in flying the type of gyroplane being flown;

(c) no person other than the instructor is carried; and

(d) the gyroplane is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.

Exception for balloons

5.—(1) A person may act as pilot in command of a balloon within the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order if the conditions in sub-paragraph (2) are satisfied.

(2) The conditions referred to in sub-paragraph (1) are that—

(a) the person is the holder of an appropriate licence rendered valid under this Order in all respects save that the person has not within the immediately preceding 13 months carried out as pilot in command at least five flights each of not less than five minutes duration;

(b) the person acts in accordance with instructions given by a person authorised by the Department to supervise flying in the type of balloon being flown;

(c) no person other than one specified in sub-paragraph (b) is carried; and

(d) the balloon is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.

Exception for pilot undergoing training or tests

6.—(1) Unless the certificate of airworthiness in force for the aircraft otherwise requires, a person may act as pilot of an aircraft registered in the Isle of Man for the purpose of undergoing training or tests for the grant or renewal of a pilot’s licence or for the inclusion, renewal or extension of a rating without being the holder of an appropriate licence, if the conditions in sub-paragraphs (2), (3) and (4) are satisfied.

(2) The condition first referred to in sub-paragraph (1) is that no other person is carried in the aircraft or in an aircraft which it is towing except—

(a) a person carried as a member of the flight crew in compliance with this Order;

(b) a person authorised by the Department to witness the training or tests or to conduct the tests; or

(c) if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft.

(3) The conditions secondly referred to in sub-paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—

(a) within the preceding six months was serving as a qualified pilot of an aircraft in any of Her Majesty’s naval, military or air forces; and

(b) the person’s physical condition has not, so far as the person is aware, so deteriorated during that period as to render the person unfit for the licence or rating for which the training or tests are being given or conducted.

(4) The conditions thirdly referred to in sub-paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—

(a) holds a pilot’s, a flight navigator’s or a flight engineer’s licence rendered valid under article 42;

(b) the purpose of the training or tests is to enable that person to qualify under this Order for the grant of a pilot’s licence or for the inclusion of an additional type in the aircraft rating in that person’s licence; and

(c) the person acts under the supervision of another person who is the holder of an appropriate licence.

Exception for navigators and flight engineers

7.  A person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the Isle of Man without being the holder of an appropriate licence if—

(a) the flight is for the purpose of undergoing training or tests for the grant or renewal of a flight navigator’s or a flight engineer’s licence or for the inclusion, renewal or extension of a rating in such a licence; and

(b) the person acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.