Statutory Instrument 2001 No. 2128
The Air Navigation (Overseas Territories) Order 2001
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
2001 No. 2128
CIVIL AVIATION
The Air Navigation (Overseas Territories) Order 2001
| | Made | 9th June 2001 | |
| | Laid before Parliament | 20th June 2001 | |
| | Coming into force | 16th July 2001 | |
ARRANGEMENT OF ORDERCitation, Commencement and Revocation
| 1. | Citation and Commencement |
PART IRegistration and Marking of Aircraft
| 3. | Aircraft to be registered |
| 4. | Registration of aircraft in the Territory |
| 5. | Nationality and registration marks |
PART IIAir Operators' Certificates
| 6. | Issue of air operators' certificates |
| 7. | Issue of police air operators' certificates |
PART IIIAirworthiness and Equipment of Aircraft
| 8. | Certificate of airworthiness to be in force |
| 9. | Issue, renewal, etc., of certificates of airworthiness |
| 10. | Certificate of maintenance review |
| 12. | Inspection, overhaul, repair, replacement and modification |
| 13. | Licensing of maintenance engineers |
| 15. | Radio equipment of aircraft |
| 16. | Minimum equipment requirements |
| 17. | Aircraft, engine and propeller log books |
| 18. | Aircraft weight schedule |
| 19. | Access and inspection for airworthiness purposes |
PART IVAircraft Crew and Licensing
| 20. | Composition of crew of aircraft |
| 21. | Members of flight crew—requirement for licence |
| 22. | Grant, renewal and effect of flight crew licences |
| 23. | Maintenance of privileges of aircraft ratings in licences |
| 24. | Maintenance of privileges of other ratings in licences |
| 25. | Medical requirements for licence holders |
| 26. | Miscellaneous licensing provisions |
| 27. | Validation of licences |
| 28. | Personal flying log book |
| 30. | Glider pilot-minimum age |
PART VOperation of Aircraft
| 32. | Police Operations Manual |
| 34. | Public transport-operator's responsibilities |
| 35. | Loading-public transport aircraft and suspended loads |
| 36. | Public transport-operating conditions |
| 37. | Public transport operations at night or in instrument meteorological conditions by single engined aeroplanes not registered in the Territory |
| 38. | Public transport aircraft registered in the Territory—aerodrome operating minima |
| 39. | Public transport aircraft not registered in the Territory—aerodrome operating minima |
| 40. | Non-public transport aircraft—aerodrome operating minima |
| 41. | Pilots to remain at controls |
| 42. | Wearing of survival suits by crew |
| 43. | Pre-flight action by commander of aircraft |
| 44. | Passenger briefing by commander |
| 45. | Public transport of passengers—additional duties of commander |
| 46. | Operation of radio in aircraft |
| 47. | Minimum navigation performance |
| 48. | Height keeping performance—aircraft registered in the Territory |
| 49. | Height keeping performance—aircraft not registered in the Territory |
| 50. | Area navigation equipment—aircraft registered in the Territory |
| 51. | Area navigation equipment—aircraft not registered in the Territory |
| 52. | Use of airborne collision avoidance system |
| 53. | Use of flight recording systems and preservation of records |
| 55. | Towing, picking up and raising of persons and articles |
| 56. | Dropping of articles and animals |
| 58. | Issue of aerial application certificates |
| 59. | Carriage of weapons and of munitions of war |
| 60. | Carriage of dangerous goods |
| 61. | Method of carriage of persons |
| 62. | Exits and break-in markings |
| 63. | Endangering safety of an aircraft |
| 64. | Endangering safety of any person or property |
| 65. | Drunkenness in aircraft |
| 67. | Authority of commander of aircraft |
| 68. | Acting in a disruptive manner |
PART VIFatigue of Crew
| 71. | Application and interpretation of Part VI |
| 72. | Fatigue of crew—operator's responsibilities |
| 73. | Fatigue of crew—responsibilities of crew |
| 74. | Flight times, responsibilities of flight crew |
| 75. | Protection of air crew from cosmic radiation |
PART VIIDocuments and Records
| 76. | Documents to be carried |
| 77. | Keeping and production of records of exposure to cosmic radiation |
| 78. | Production of documents and records |
| 79. | Power to inspect and copy documents and records |
| 80. | Preservation of documents, etc. |
| 81. | Revocation, suspension and variation of certificates, licences and other documents |
| 82. | Revocation, suspension and variation of permissions, etc. granted under article 113 or article 115 |
| 83. | Offences in relation to documents and records |
PART VIIIMovement of Aircraft
| 85. | Power to prohibit or restrict flying |
| 86. | Balloons, kites, airships, gliders and parascending parachutes |
| 87. | Regulation of small aircraft |
PART IXAir Traffic Services
| 88. | Requirement for permission for the provision of air traffic services |
| 89. | Manual of air traffic services |
| 90. | Provision of air traffic services |
| 91. | Use of radio call signs at aerodromes |
| 92. | Licensing of air traffic controllers and student air traffic controllers |
| 93. | Approval of courses and persons |
| 94. | Prohibition of unlicensed air traffic controllers and student air traffic controllers |
| 95. | Incapacity of air traffic controllers |
| 96. | Prohibition of drunkenness etc. of controllers |
| 97. | Fatigue of air traffic controllers-air traffic controllers' responsibilities |
| 98. | Licensing of flight information service officers |
| 99. | Prohibition of unlicensed flight information service officers |
| 100. | Flight information service manual |
PART XAerodromes, Aeronautical Lights and Dangerous Lights
| 101. | Aerodromes—public transport of passengers and instruction in flying |
| 102. | Use of Government aerodromes |
| 103. | Licensing of aerodromes |
| 104. | Aeronautical radio stations |
| 105. | Aeronautical radio station records |
| 106. | Charges at aerodromes licensed for public use |
| 107. | Use of aerodromes by aircraft of Contracting States and of the Commonwealth |
| 108. | Noise and vibration caused by aircraft on aerodromes |
| 111. | Customs and Excise airports |
| 112. | Aviation fuel at aerodromes |
PART XIGeneral
| 113. | Restriction with respect to carriage for valuable consideration in aircraft registered outside the Territory |
| 114. | Filing and approval of tariffs |
| 115. | Restriction with respect to aerial photography, aerial survey and aerial work in aircraft registered outside the Territory |
| 116. | Flights over any foreign country |
| 118. | Power to prevent aircraft flying |
| 119. | Right of access to aerodromes and other places |
| 120. | Obstruction of persons |
| 121. | Enforcement of directions |
| 123. | Extra-territorial effect of the Order |
| 124. | Application of Order to British-controlled aircraft not registered in the Territory |
| 125. | Application of Order to the Crown and visiting forces, etc. |
| 127. | Appeal to Supreme Court |
| 129. | Regulations by the Governor: Fees |
| 131. | Public transport and aerial work |
| 134. | Approval of persons to furnish reports |
| 135. | Publication of requirements |
SCHEDULES
| | Part A | Table of general classification of aircraft |
| | Part B | Nationality and registration marks of aircraft registered in the Territory. |
| | Part C | Aircraft dealer's certificate-conditions |
| | Part B | Categories of certificates of airworthiness and purposes for which aircraft may fly |
| | Schedule 4 | Aircraft equipment |
| | Schedule 5 | Radio and radio navigation equipment to be carried in aircraft |
| | Schedule 6 | Aircraft, engine and propeller log books |
| | Schedule 7 | Areas specified in connection with the carriage of flight navigators as members of flight crews or suitable navigational equipment on public transport aircraft |
| | Schedule 8 | Flight crew of aircraft-licences and ratings |
| | Schedule 9 | Air traffic controllers-ratings |
| | Schedule 10 | Public transport-operational requirements |
| | Schedule 11 | Documents to be carried by aircraft registered in the Territory |
| | Schedule 13 | Rules of the Air |
| | Schedule 14 | Air Navigation (General) Regulations |
| | Schedule 15 | Air Navigation (Dangerous Goods) Regulations |
| | Schedule 16 | Aerodrome Manual |
| | Schedule 17 | Cosmic radiation: keeping of records |
| | Schedule 18 | Territories to which this Order applies |
At the Court at Buckingham Palace, the 9th day of June 2001Present,The Queen's Most Excellent Majesty in CouncilHer Majesty, in exercise of the powers conferred on Her by Sections 8, 41, 57, 58, 59 and 61 of the Civil Aviation Act 1949[1] as extended to certain territories by the Civil Aviation Act 1949 (Overseas Territories) Order 1969[2], as amended by the Civil Aviation Act 1982 (Overseas Territories) Order 2001[3], and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation, Commencement and Revocation Citation and Commencement 1.This Order may be cited as the Air Navigation (Overseas Territories) Order 2001 and shall come into force on 16th July 2001.
Revocation 2.The Orders specified in the Schedule 1 to this Order are hereby revoked, except insofar as they apply to Gibraltar.
PART IRegistration and Marking of AircraftAircraft to be registered 3.—(1) Subject to paragraph (2) an aircraft shall not fly in or over the Territory unless it is registered in:
(a) some part of the Commonwealth;
(b) a Contracting State; or
(c) some other country in relation to which there is in force an agreement between Her Majesty's Government in the United Kingdom and the Government of that country which makes provision for the flight over the Territory of aircraft registered in that country.
(2)
(a) A glider may fly unregistered, and shall be deemed to be registered in the Territory for the purposes of articles 14, 15, 21 and 43 of this Order, on any flight which:
(i) begins and ends in the Territory without passing over any other country, and
(ii) is not for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.
(b) Any aircraft may fly unregistered on any flight which:
(i) begins and ends in the Territory without passing over any other country, and
(ii) is in accordance with the "B Conditions" set forth in Part A of Schedule 3 to this Order.
(c) Paragraph (1) shall not apply to any kite or captive balloon.
(3) If an aircraft flies over the Territory in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the Territory an offence against this Order or any regulations made thereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.
Registration of aircraft in the Territory
4.—(1) The Governor shall be the authority for the registration of aircraft in the Territory and shall be responsible for maintaining the register and may record therein the particulars specified in paragraph (7) in a legible or a non-legible form so long as the recording is capable of being reproduced in a legible form.
(2) Subject to the provisions of this article, an aircraft shall not be registered or continue to be registered in the Territory if it appears to the Governor that:
(a) the aircraft is registered outside the Territory and that such registration does not cease by operation of law upon the aircraft being registered in the Territory;
(b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share therein;
(c) the aircraft could more suitably be registered in some other part of the Commonwealth; or
(d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in the Territory.
(3) The following persons and no others shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory or a share therein:
(a) the Crown in right of Her Majesty's Government in the United Kingdom or in right of the Government of the Territory;
(b) Commonwealth citizens;
(c) citizens of the Republic of Ireland;
(d) British protected persons;
(e) bodies incorporated in some part of the Commonwealth and having their principal place of business in any part of the Commonwealth; or
(f) firms carrying on business in Scotland.
In this sub-paragraph "firm" has the same meaning as in the Partnership Act 1890[4]
(4)
(a) If any unqualified person residing of having a place of business in the Territory holds a legal or beneficial interest by way of ownership in an aircraft, or a share therein, the Governor, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in the Territory.
(b) The person aforesaid shall not cause or permit the aircraft, while it is registered in pursuance of this paragraph, to be used for the purpose of public transport or aerial work.
(5) If an aircraft is chartered to a person qualified as aforesaid the Governor may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the Territory in the name of the charterer upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this article the aircraft may remain so registered during the continuation of the charter.
(6) Application for the registration of an aircraft in the Territory shall be made in writing to the Governor, and shall include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in the Territory and to issue the certificate referred to in paragraph (8). In particular, the application shall include the proper description of the aircraft according to column 4 of the "General classification of aircraft" set forth in Part A of Schedule 2 to this Order.
(7) Upon receiving an application for the registration of an aircraft in the Territory and being satisfied that the aircraft may properly be so registered, the Governor shall register the aircraft, wherever it may be, and shall include in the register the following particulars:
(a) the number of the certificate;
(b) the nationality mark of the aircraft, and the registration mark assigned to it by the Governor;
(c) the name of the constructor of the aircraft and its designation;
(d) the serial number of the aircraft; and
(e)
(i) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and
(ii) in the case of an aircraft registered in pursuance of paragraphs (4) or (5), an indication that it is so registered.
(8)
(a) Subject to sub-paragraph (b) the Governor shall furnish to the person in whose name the aircraft is registered (hereinafter in this article referred to as the "the registered owner") a certificate of registration, which shall include the foregoing particulars and the date on which the certificate was issued.
(b) The Governor shall not be required to furnish a certificate of registration if the registered owner is the holder of an aircraft dealer's certificate granted under this Order who has made to the Governor and has not withdrawn a statement of his intention that the aircraft is to fly only in accordance with the conditions set forth in Part C of Schedule 2 to this Order, and in that case the aircraft shall fly only in accordance with those conditions.
(9) The Governor may grant to any person qualified as aforesaid an aircraft dealer's certificate if he is satisfied that he has a place of business in the Territory for buying and selling aircraft.
(10) Subject to paragraphs (4) and (5), if at any time after an aircraft has been registered in the Territory an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Governor.
(11) Any person who is the registered owner of an aircraft registered in the Territory shall forthwith inform the Governor in writing of:
(a) any change in the particulars which were furnished to the Governor upon application being made for the registration of the aircraft;
(b) the destruction of the aircraft, or its permanent withdrawal from use; or
(c) in the case of an aircraft registered in pursuance of paragraph (5), the termination of the demise charter.
(12) Any person who becomes the owner of an aircraft registered in the Territory shall within 28 days inform the Governor in writing to that effect.
(13) The Governor may, whenever it appears to him necessary or appropriate to do so for giving effect to this Part of this Order or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, may cancel the registration of the aircraft, and shall cancel that registration within two months of being satisfied that there has been a change in the ownership of the aircraft.
(14) The Governor may, by regulations, adapt or modify the foregoing provisions of this article as he deems necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the Territory register, either generally or in relation to a particular case or class of cases.
(15) In this article references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in paragraph (11) to the registered owner of an aircraft includes, in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dissolved, its successor.
(16) Nothing in this article shall require the Governor to cancel the registration of an aircraft if in his opinion it would be inexpedient in the public interest to do so.
(17) The registration of an aircraft which is the subject of an undischarged mortgage entered in the Register of Aircraft Mortgages kept in the Territory pursuant to an Order in Council made under section 86 of the Civil Aviation Act 1982[5] which extends to the Territory or pursuant to other legislation in force in the Territory relating to the mortgaging of aircraft, shall not become void by virtue of paragraph (10) of this Article, nor shall the Governor cancel the registration of such an aircraft pursuant to this Article unless all persons shown in the Register of Aircraft Mortgages as mortgagees of that aircraft have consented to the cancellation.
(18) The Governor shall, at such times and in such a manner as may from time to time be directed by the Civil Aviation Authority, transmit to the Civil Aviation Authority particulars of all registrations and of changes in or cancellations of registrations, entered in the register.
Nationality and registration marks
5.—(1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.
(2) The marks to be borne by aircraft registered in the Territory shall comply with Part B of Schedule 2 to this Order.
(3) Subject to paragraph (4), an aircraft shall not bear any marks which purport to indicate:
(a) that the aircraft is registered in a country in which it is not in fact registered, or
(b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks.
(4) Marks approved by the Governor for the purposes of flight in accordance with the ‘B Conditions' contained in Part A of Schedule 3 to this Order shall be deemed not to purport to indicate that the aircraft is registered in a country in which it is not in fact registered.
PART IIAir Operators' CertificatesIssue of air operators' certificates 6.—(1) Subject to article 7 of this Order, an aircraft registered in the Territory shall not fly on any flight for the purpose of public transport, otherwise than under and in accordance with the terms of an air operator's certificate granted to the operator of the aircraft under paragraph (2), certifying that the holder of the certificate is competent to secure that aircraft operated by him on such flights as that in question are operated safely.
(2)
(a) The Governor shall grant an air operator's certificate if he is satisfied that the applicant is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes so specified.
(b) A certificate may be granted subject to such conditions as the Governor thinks fit and shall, subject to article 81 of this Order, remain in force for the period specified in the certificate.
Issue of police air operators' certificates
7.—(1) A flight by an aircraft registered in the Territory in the service of the police authority for the Territory (in this Order called ‘the police authority' ) shall, for the purposes of this Order, be deemed to be a flight for the purpose of public transport and if any passenger is carried the flight shall be deemed to be for the purpose of public transport of passengers, and save as otherwise expressly provided, the provisions of this Order and of any regulations made thereunder shall be complied with in relation to any such flight as if that flight was for the purpose of public transport or public transport of passengers as the case may be.
(2) An aircraft registered in the Territory shall not fly on any flight in the service of the police authority otherwise than under and in accordance with either the terms of an air operator's certificate granted to the operator of the aircraft under article 6(2) of this Order or the terms of a police air operator's certificate granted to the operator of the aircraft under paragraph (3), certifying that the holder of the certificate is competent to secure that aircraft operated by him on flights for the purpose of police operations are operated as safely as is appropriate having regard to the particular purposes of the flight.
(3) The Governor shall grant a police air operator's certificate (in this Order called ‘a police air operator's certificate' ) if he is satisfied that the applicant is competent having regard in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure that the operation of aircraft of the types specified in the certificate shall be as safe as is appropriate when flying on flights of the description and for the purposes so specified. The certificate may be granted subject to such conditions as the Governor thinks fit and shall, subject to article 81 of this Order, remain in force for the period specified in the certificate.
PART IIIAirworthiness and Equipment of AircraftCertificate of airworthiness to be in force 8.—(1) Subject to paragraph (2) an aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator, and any conditions subject to which the certificate was issued or rendered valid are complied with.
(2) The foregoing prohibition shall not apply to flights, beginning and ending in the Territory without passing over any other country, of:
(a) a glider, if it is not being used for the public transport of passengers or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members;
(b) a balloon flying on a private flight;
(c) a kite;
(d) an aircraft flying in accordance with the ‘A Conditions' or the ‘B Conditions' set forth in Part A of Schedule 3 to this Order; or
(e) an aircraft flying in accordance with the conditions of a permit to fly issued by the Governor in respect of that aircraft.
(3) In the case of an aircraft registered in the Territory the certificate of airworthiness referred to in paragraph (1) shall be a certificate issued or rendered valid in accordance with the provisions of article 9 of this Order.
Issue, renewal, etc., of certificates of airworthiness
9.—(1) The Governor shall issue in respect of any aircraft a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to:
(a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and
(b)
(i) Subject to sub-paragraph (ii) the results of flying trials, and such other tests of the aircraft as he may require:
(ii) if the Governor has issued a certificate of airworthiness in respect of an aircraft which, in his opinion, is a prototype aircraft or a modification of a prototype aircraft, he may dispense with flying trials in the case of any other aircraft if he is satisfied that it conforms to such prototype or modification.
(2) Every certificate of airworthiness shall specify such categories as are, in the opinion of the Governor, appropriate to the aircraft in accordance with Part B of Schedule 3 to this Order and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in the said Schedule in relation to those categories.
(3) The Governor may issue the certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit.
(4) The certificate of airworthiness may designate the performance group to which the aircraft belongs for the purposes of the requirements referred to in article 36(1) of this Order.
(5) The Governor may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any aircraft under the law of any country other than the Territory.
(6) Subject to the provisions of this article and of article 81 of this Order, a certificate of airworthiness or validation issued under this article shall remain in force for such a period as may be specified therein, and may be renewed from time to time by the Governor for such further period as he thinks fit.
(7) A certificate of airworthiness or a certificate of validation issued in respect of an aircraft shall cease to be in force:
(a) if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft, is overhauled, repaired or modified, or if any part of the aircraft or of such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Governor either generally or in relation to a class of aircraft or to the particular aircraft;
(b) until the completion of any inspection or maintenance of the aircraft or of any such equipment as aforesaid, being an inspection made for the purpose of ascertaining whether the aircraft remains airworthy and:
(i) classified as mandatory by the Governor;
(ii) required by a maintenance schedule approved by the Governor in relation to that aircraft; or
(c) until the completion to the satisfaction of the Governor of any modification of the aircraft or of any such equipment as aforesaid, being a modification required by the Governor for the purpose of ensuring that the aircraft remains airworthy.
(8) Nothing in this Order shall oblige the Governor to accept an application for the issue of a certificate of airworthiness or validation or for the variation or renewal of any such certificate when the application is not supported by such reports from such approved persons as the Governor may specify (either generally or in a particular case or class of cases).
Certificate of maintenance review
10.—(1)
(a) An aircraft registered in the Territory in respect of which a certificate of airworthiness is in force shall not fly unless the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with a maintenance schedule approved by the Governor in relation to that aircraft.
(b) An aircraft registered in the Territory in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force shall not fly unless there is in force a certificate (in this Order referred to as a ‘certificate of maintenance review' ) issued in respect of the aircraft in accordance with the provisions of this article and such certificate shall certify the date on which the maintenance review was carried out and the date when the next review is due.
(2) A maintenance schedule approved pursuant to paragraph (1) in relation to an aircraft in respect of which there has been issued a certificate of airworthiness in either the transport or in the aerial work category shall specify the occasions on which a review must be carried out for the purpose of issuing a certificate of maintenance review.
(3)
(a) Subject to sub-paragraph (b), a certificate of maintenance review may be issued for the purposes of this article only by:
(i) the holder of an aircraft maintenance engineer's licence:
(aa) granted under this Order, being a licence which entitles him to issue that certificate;
(bb) granted under the law of a country other than the Territory and rendered valid under this Order in accordance with the privileges endorsed on the licence; or
(cc) granted under the law of any country specified in regulation 15 in Schedule 14 to this Order in accordance with the privileges endorsed on the licence and subject to any conditions which may be prescribed.
(ii) a person whom the Governor has authorised to issue a certificate of maintenance review in a particular case, and in accordance with that authority; or
(iii) a person approved by the Governor as being competent to issue such a certificate, and in accordance with that approval.
(b) In approving a maintenance schedule, the Governor may direct that certificates of maintenance review relating to that schedule, or to any part thereof specified in his direction, may be issued only by the holder of such a licence as is so specified.
(4) A person referred to in paragraph (3) shall not issue a certificate of maintenance review unless he has first verified that:
(a) maintenance has been carried out on the aircraft in accordance with the maintenance schedule approved for that aircraft;
(b) inspections and modifications required by the Governor as provided in article 9 of this Order have been completed as certified in the relevant certificate of release to service issued under this Order;
(c) defects entered in the technical log of the aircraft in accordance with article 11 of this Order have been rectified or the rectification thereof has been deferred in accordance with procedures approved by the Governor; and
(d) certificates of release to service have been issued under this Order and for this purpose the operator of the aircraft shall make available to that person such information as is necessary.
(5)
(a) A certificate of maintenance review shall be issued in duplicate.
(b) One copy of the most recently issued certificate shall be carried in the aircraft when article 76 of this Order so requires, and the other shall be kept by the operator elsewhere than in the aircraft.
(6) Subject to article 80 of this Order, each certificate of maintenance review shall be preserved by the operator of the aircraft for a period of two years after it has been issued.
Technical Log
11.—(1) A technical log shall be kept in respect of every aircraft registered in the Territory in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force.
(2)
(a) Subject to sub-paragraph (b), at the end of every flight by an aircraft to which the provisions of this article apply the commander of the aircraft shall enter:
(i) the times when the aircraft took off and landed;
(ii) particulars of any defect which is known to him and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to him, an entry to that effect; and
(iii) such other particulars in respect of the airworthiness or operation of the aircraft as the Governor may require;
in a technical log, or, in the case of an aircraft of which the maximum total weight authorised does not exceed 2730 kg and which is not operated by a person who is the holder of or is required by article 6(1) of this Order to hold an air operator's certificate, in such other record as the Governor shall approve, and the commander shall sign and date such entries.
(b) In the case of a number of consecutive flights each of which begins and ends:
(i) within the same period of 24 hours.
(ii) at the same aerodrome, except where each such flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and
(iii) with the same person as commander of the aircraft:
the commander of an aircraft may, except where he becomes aware of a defect during an earlier flight, make the entries specified in sub-paragraph (a) in a technical log at the end of the last of such consecutive flights.
(3) Upon the rectification of any defect which has been entered in a technical log in accordance with paragraph (2) a person issuing a certificate of release to service issued under this Order in respect of that defect shall enter the certificate in the technical log in such a position as to be readily identifiable with the defect to which it relates.
(4) (a) Subject to sub-paragraph (b), the technical log referred to in this article shall be carried in the aircraft when article 76 of this Order so requires and copies of the entries referred to in this article shall be kept on the ground.
(b) In the case of an aeroplane of which the maximum total weight authorised does not exceed 2730 kg, or a helicopter, if it is not reasonably practicable for the copy of the technical log to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a container approved by the Governor for that purpose.
(5) Subject to article 80 of this Order, a technical log or such other approved record required by this article shall be preserved by the operator of the aircraft to which it relates until a date 2 years after the aircraft has been destroyed or has been permanently withdrawn from use, or for such shorter period as the Governor may permit in a particular case.
Inspection, overhaul, repair, replacement and modification
12.—(1) This article shall apply to any aircraft registered in the Territory in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force.
(2) Except as provided in paragraphs (4) and (5) an aircraft to which this article applies shall not fly unless there is in force a certificate of release to service issued under this Order if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained or has been inspected as provided in article 9(7)(b) of this Order, as the case may be.
(3) If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable:
(a) for the repair or replacement to be carried out in such a manner that a certificate of release to service under this Order can be issued in respect thereof; or
(b) for such a certificate to be issued while the aircraft is at that place;
it may fly to a place at which such a certificate can be issued, being the nearest place:
(i) to which the aircraft can, in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped; and
(ii) to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board;
and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Governor within 10 days thereafter.
(4) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2730 kg and in respect of which a certificate of airworthiness in the special category is in force, unless the Governor gives a direction to the contrary in a particular case.
(5)
(a) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2730 kg and in respect of which a certificate of airworthiness in the private or special categories is in force if it flies in the circumstances specified in sub-paragraph (b).
(b)
(i) The only repairs or replacements in respect of which a certificate of release to service is not in force are of such a description as are specified in regulation 17 in Schedule 14 to this Order.
(ii) Such repairs or replacements have been carried out personally by the holder of a pilot's licence granted or rendered valid under this Order who is the owner or operator of the aircraft.
(iii) The person carrying out the repairs or replacements shall keep in the aircraft log book kept in respect of the aircraft pursuant to article 17 of this Order a record which identifies the repairs or replacement and shall sign and date the entries.
(iv) Any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by the Governor either generally or in relation to a class of aircraft or one particular aircraft.
(c) The person responsible for keeping the aircraft log book shall, subject to article 80 of this Order, preserve the log book for the period specified in article 17 of this Order.
(6) Neither:
(a) equipment provided in compliance with Schedule 4 to this Order (except paragraph 3 thereof); nor
(b) radio apparatus provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not such apparatus is provided in compliance with this Order or any regulations made thereunder,
shall be installed or placed on board for use in an aircraft to which this article applies after being overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued under this Order.
(7) A certificate of release to service issued under this Order shall:
(a) certify that the aircraft or any part thereof or its equipment has been overhauled, repaired, replaced, modified or maintained, as the case may be, in a manner and with material of a type approved by the Governor either generally or in relation to a class of aircraft or the particular aircraft and shall identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates and shall include particulars of the work done; or
(b) certify in relation to any inspection required by the Governor that the aircraft or the part thereof or its equipment, as the case may be, has been inspected in accordance with the requirements of the Governor and that any consequential repair, replacement or modification has been carried out as aforesaid.
(8) A certificate of release to service issued under this Order may be issued only by:
(a) the holder of an aircraft maintenance engineer's licence:
(i) granted under this Order, being a licence which entitles him to issue that certificate;
(ii) granted under the law of a country other than the Territory and rendered valid under this Order, in accordance with the privileges endorsed on the licence; or
(iii) granted under the law of any country specified in regulation 15 in Schedule 14 to this Order in accordance with the privileges endorsed on the licence and subject to any conditions which may be prescribed;
(b) the holder of an aircraft maintenance engineer's licence or authorisation as such an engineer granted or issued by or under the law of any Contracting State other than the Territory in which the overhaul, repair, replacement, modification or inspection has been carried out, but only in respect of aircraft to which this article applies of which the maximum total weight authorised does not exceed 2730 kg and in accordance with the privileges endorsed on the licence;
(c) a person approved by the Governor as being competent to issue such certification, and in accordance with that approval;
(d) a person whom the Governor has authorised to issue the certificate in a particular case, and in accordance with that authority; or
(e) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot's Licence (Aeroplanes) or a Flight Navigator's Licence granted or rendered valid under this Order.
(9) In this article, the expression "repair" includes in relation to a compass the adjustment and compensation thereof and the expression "repaired" shall be construed accordingly.
Licensing of maintenance engineers
13.—(1) The Governor shall grant aircraft maintenance engineers' licences, subject to such conditions as he thinks fit, upon being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence and skill in aeronautical engineering, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Governor may require of him.
(2) An aircraft maintenance engineer's licence shall authorise the holder, subject to such conditions as may be specified in the licence, to issue:
(a) certificates of maintenance review in respect of such aircraft as may be so specified;
(b) certificates of release to service under this Order in respect of such overhauls, repairs, replacements, modifications, maintenance and inspections of such aircraft and such equipment as may be so specified; or
(c) certificates of fitness for flight under "A Conditions" in respect of such aircraft as may be so specified.
(3) A licence shall, subject to article 81 of this Order, remain in force for the period specified therein, not exceeding five years, but may be renewed by the Governor from time to time upon his being satisfied that the applicant is a fit person and is qualified as aforesaid.
(4)
(a) The Governor may issue a certificate rendering valid for the purposes of this Order any licence as an aircraft maintenance engineer granted under the law of any country other than the Territory.
(b) Such a certificate may be issued subject to conditions, and for such periods, as the Governor thinks fit.
(5) A licence granted under this article shall not be valid unless it bears thereon the ordinary signature of the holder in ink.
(6) Without prejudice to any other provision of this Order the Governor may, for the purposes of this article, either absolutely or subject to such conditions as he thinks fit:
(a) approve any course of training or instruction;
(b) authorise a person to conduct such examinations or tests as he may specify; and
(c) approve a person to provide or conduct any course of training or instruction.
(7) The holder of an aircraft maintenance engineer's licence shall not exercise the privileges of such a licence if he knows or suspects that his physical or mental condition renders him unfit to exercise such privileges.
(8) The holder of an aircraft maintenance engineer's licence shall not, when exercising the privileges of such a licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.
Equipment of aircraft
14.—(1) An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made, in accordance with this Order and any regulations made thereunder.
(2) In the case of any aircraft registered in the Territory the equipment required to be provided (in addition to any other equipment required by or under this Order) shall:
(a) be that specified in such parts of Schedule 4 to this Order as are applicable in the circumstances;
(b) comply with the provisions of that Schedule;
(c) except that specified in paragraph 3 of the said Schedule, be of a type approved by the Governor either generally or in relation to a class of aircraft or in relation to that aircraft; and
(d) be installed in a manner so approved.
(3) In any particular case the Governor may direct that an aircraft registered in the Territory shall carry such additional or special equipment or supplies as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.
(4) The equipment carried in compliance with this article shall be so installed or stowed and kept stowed, and so maintained and adjusted as to be readily accessible and capable of being used by the person for whose use it is intended.
(5)
(a) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft.
(b) In every public transport aircraft registered in the Territory there shall be provided individually for each passenger or, if the Governor so permits in writing, exhibited in a prominent position in every passenger compartment, a notice which complies with sub-paragraph (c).
(c)
(i) The required notice shall be relevant to the aircraft in question;
(ii) The required notice shall contain pictorial instructions on the brace position to be adopted in the event of an emergency landing;
(iii) The required notice shall contain pictorial instructions on the method of use of the safety belts and safety harnesses as appropriate;
(iv) The required notice shall contain pictorial information as to where emergency exits are to be found and instructions as to how they are to be used;
(v) The required notice shall contain pictorial information as to where the lifejackets, escape slides, liferafts and oxygen masks, if required to be provided by paragraph (2), are to be found and instructions as to how they are to be used.
(6) All equipment installed or carried in an aircraft, whether or not in compliance with this article, shall be so installed or stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.
(7) Without prejudice to paragraph (2), all navigational equipment (other than radio apparatus) of any of the following types, namely:
(a) equipment capable of establishing the aircraft's position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting upon it; and
(b) equipment capable of establishing automatically the altitude and relative bearing of selected celestial bodies;
when carried in an aircraft registered in the Territory (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Governor either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
(8) This article shall not apply in relation to radio apparatus except that specified in Schedule 4 to this Order.
Radio equipment of aircraft
15.—(1) An aircraft shall not fly unless it is so equipped with radio and radio navigation equipment as to comply with the law of the country in which the aircraft is registered or the State of the operator and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order and any regulations made thereunder, and in particular Schedule 14 to this Order.
(2) Without prejudice to paragraph (1), the aircraft shall be equipped with radio and radio navigation equipment in accordance with Schedule 5 to this Order.
(3) In any particular case the Governor may direct that an aircraft registered in the Territory shall carry such additional or special radio or radio navigation equipment as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.
(4) Subject to such exceptions as may be prescribed the radio and radio navigation equipment provided in compliance with this article in an aircraft registered in the Territory shall always be maintained in serviceable condition.
(5) All radio and radio navigation equipment installed in an aircraft registered in the Territory or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Governor in relation to the purpose for which it is to be used, and shall, except in the case of a glider which is permitted by article 3(2) of this Order to fly unregistered, be installed in a manner approved by the Governor. Neither the equipment nor the manner in which it is installed shall be modified except with the approval of the Governor.
Minimum equipment requirements
16.—(1) The Governor may, subject to such conditions as he thinks fit, grant in respect of any aircraft or class of aircraft registered in the Territory a permission permitting such aircraft to commence a flight in specified circumstances notwithstanding that any specified item of equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.
(2) An aircraft registered in the Territory shall not commence a flight if any of the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use:
(a) otherwise than under and in accordance with the terms of a permission under this article which has been granted to the operator; and
(b) unless in the case of an aircraft to which article 31 of this Order applies, the operations manual required thereby contains the particulars specified at sub-paragraph (xvii) of Part A of Schedule 10 to this Order; and
(c) unless in the case of an aircraft to which article 32 of this Order applies, the police operations manual required thereby contains the particulars specified in sub-paragraph (xvii) of Part A of Schedule 10 to this Order.
Aircraft, engine and propeller log books
17.—(1) In addition to any other log books required by or under this Order, the following log books shall be kept in respect of aircraft registered in the Territory:
(a) an aircraft log book;
(b) a separate log book in respect of each engine fitted in the aircraft; and
(c) a separate log book in respect of each variable pitch propeller fitted to the aircraft.
(2) The log books shall include the particulars respectively specified in Schedule 6 to this Order and in the case of an aircraft having a maximum total weight authorised not exceeding 2730 kg, shall be of a type approved by the Governor.
(3)
(a) Each entry in the log book, other than such an entry as is referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 6 to this Order, shall be made as soon as practicable after the occurrence to which it relates, but in no event more than seven days after the expiration of the certificate of maintenance review (if any) in force in respect of the aircraft at the time of the occurrence.
(b) Each entry in the log book, being such an entry as is referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 6 to this Order shall be made upon each occasion that any maintenance, overhaul, repair, replacement, modification or inspection is undertaken on the engine or propeller, as the case may be.
(4) Any document which is incorporated by reference in a log book shall be deemed, for the purposes of this Order, to be part of the log book.
(5) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept as aforesaid to keep them or cause them to be kept in accordance with the foregoing provisions of this article.
(6) Subject to article 80 of this Order every log book shall be preserved by the operator of the aircraft until a date 2 years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use.
Aircraft weight schedule
18.—(1) Every flying machine and glider in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Governor may require or approve in the case of that aircraft.
(2) Upon the aircraft being weighed as aforesaid the operator of the aircraft shall prepare a weight schedule showing:
(a) either the basic weight of the aircraft, that is to say, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of equipment as are indicated in the weight schedule, or such other weight as may be approved by the Governor in the case of that aircraft; and
(b) either the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight or such other position of the centre of gravity as may be approved by the Governor in the case of that aircraft.
(3) Subject to article 80 of this Order the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this article.
Access and inspection for airworthiness purposes
19.The Governor may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part of this Order and any person authorised to do so in writing by the Governor may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any document relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory.
PART IVAircraft Crew and LicensingComposition of crew of aircraft 20.—(1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.
(2) An aircraft registered in the Territory shall carry a flight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under this Order or, if no certificate of airworthiness is required under this Order to be in force, the certificate of airworthiness, if any, last in force under this Order in respect of that aircraft.
(3)
(a) A flying machine registered in the Territory and flying for the purpose of public transport having a maximum total weight authorised exceeding 5,700 kg shall carry not less than two pilots as members of the flight crew thereof.
(b)
(i) Subject to sub-paragraphs (ii) and (iii), an aeroplane registered in the Territory and flying for the purpose of public transport in circumstances where the aircraft commander is required to comply with the Instrument Flight Rules and having a maximum total weight authorised of 5,700 kg or less and powered by:
(aa) one or more turbine jets;
(bb) one or more turbine propeller engines and provided with a means of pressurising the personnel compartments;
(cc) two or more turbine propeller engines and certificated to carry more than nine passengers;
(dd) two or more turbine propeller engines and certificated to carry fewer than 10 passengers and not provided with a means of pressurising the personnel compartments, unless it is equipped with an autopilot which has been approved by the Governor for the purposes of this article and which is serviceable on take-off; or
(ee) two or more piston engines, unless it is equipped with an autopilot which has been approved by the Governor for the purposes of this article and which is serviceable on take-off;
shall carry not less than two pilots as members of the flight crew thereof.
(ii) An aeroplane described in sub-paragraphs (i)(dd) or (i)(ee) which is equipped with an approved autopilot shall not be required to carry two pilots notwithstanding that before take-off the approved autopilot is found to be unserviceable, if the aeroplane flies in accordance with arrangements approved by the Governor.
(iii) An aeroplane described in sub-paragraphs (i)(cc), (dd) or (ee) which is flying under and in accordance with the terms of a police air operator's certificate shall not be required to carry two pilots.
(c)
(i) Subject to sub-paragraphs (ii) and (iii), a helicopter registered in the Territory which has a maximum total weight authorised of 5,700 kg or less and a maximum approved seating configuration of nine or less which if flying for the purpose of public transport in circumstances where the aircraft commander is required to comply with the Instrument Flight Rules or which is flying by night with visual ground reference shall carry not less than two pilots as members of the flight crew thereof unless it is equipped with an autopilot with, at least, altitude hold and heading mode which is serviceable on take off.
(ii) A helicopter described in sub-paragraph (c)(i) which is equipped with an approved autopilot shall not be required to carry two pilots notwithstanding that before take-off the approved autopilot is found to be unserviceable, if the helicopter flies in accordance with arrangements approved by the Governor.
(iii) A helicopter described in sub-paragraph (c)(i) which is flying under and in accordance with the terms of a police air operator's certificate shall not be required to carry two pilots.
(4)
(a) An aircraft registered in the Territory engaged on a flight for the purpose of public transport shall carry:
(i) a flight navigator as a member of the flight crew; or
(ii) navigational equipment suitable for the route to be flown;
if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown, and to pass over part of an area specified in Schedule 7 to this Order.
(b) The flight navigator carried in compliance with this article shall be carried in addition to any person who is carried in accordance with this article to perform other duties.
(5) An aircraft registered in the Territory which is required by article 15 of this Order to be equipped with radio communications apparatus shall carry a flight radiotelephony operator as a member of the flight crew.
(6) The Governor may, in the interests of safety, direct the operator of an aircraft registered in the Territory that all or any aircraft operated by him, when flying in circumstances specified in the direction, shall carry, in addition to the flight crew required to be carried by the provisions of this article, such additional persons as members of the flight crew as he may specify in the direction.
(7)
(a) This paragraph applies to any flight for the purpose of public transport by an aircraft registered in the Territory:
(i) on which is carried 20 or more passengers; or
(ii) which may in accordance with its certificate of airworthiness carry more than 35 passengers and on which at least one passenger is carried.
(b) The crew of an aircraft on a flight to which this paragraph applies shall include cabin attendants carried for the purposes of performing in the interests of the safety of passengers, duties to be assigned by the operator or the commander of the aircraft but who shall not act as members of the flight crew.
(c)
(i) Subject to sub-paragraph (ii), on a flight to which this paragraph applies, there shall be carried not less than one cabin attendant for every 50 or fraction of 50 passenger seats installed in the aircraft.
(ii) The number of cabin attendants calculated in accordance with sub-paragraph (i) need not be carried if the Governor has granted written permission to the operator to carry a lesser number on that flight and the operator carries the number specified in that permission and complies with any other terms and conditions subject to which such permission is granted.
(8) The Governor may, in the interests of safety, direct the operator of any aircraft registered in the Territory that all or any aircraft operated by him when flying in circumstances specified in the direction shall carry, in addition to the cabin attendants required to be carried therein by the foregoing provisions of this article, such additional persons as cabin attendants as he may specify in the direction.
Members of flight crew–requirements for licence
21.—(1) Subject to the provisions of this article, a person shall not act as a member of the flight crew of an aircraft registered in the Territory unless he is the holder of an appropriate licence granted or rendered valid under this Order.
(2) A person may within the Territory, without being the holder of such a licence:
(a) act as a flight radiotelephony operator if
(i) he does so as the pilot of a glider not flying for the purpose of public transport or aerial work and he does not communicate by radiotelephony with any air traffic control unit; or
(ii) he does so as a person being trained in an aircraft registered in the Territory to perform duties as a member of the flight crew of an aircraft; and
(aa) he is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment;
(bb) messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft;
(cc) messages are transmitted only on a frequency exceeding 60 MHz assigned by the Governor for the purposes of this sub-paragraph;
(dd) the operation of the transmitter requires the use only of external switches; and
(ee) the stability of the frequency radiated is maintained automatically by the transmitter;
(b) subject to article 25(2) of this Order, act as 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 if:
(i) he is at least 16 years of age;
(ii) he is the holder of a valid medical certificate to the effect that he is fit so to act issued by a person approved by the Governor;
(iii) he complies with any conditions subject to which that medical certificate was issued;
(iv) no other person is carried in the aircraft;
(v) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and
(vi) he so acts in accordance with instructions given by a person holding a pilot's licence granted under this Order, being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown;
(c) subject to article 25(2) of this Order, act as pilot of an aircraft in respect of which the flight crew required to be carried by or under this Order does not exceed 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 if:
(i) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests;
(ii) he so acts in accordance with instructions given by a person holding a pilot's licence granted under this Order, being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown; and
(iii) the aircraft is fitted with dual controls and he is accompanied in the aircraft by the said instructor who is seated at the other set of controls or the aircraft is fitted with controls designed for and capable of use by two persons and he is accompanied in the aircraft by the said instructor who is seated so as to be able to use the controls;
(d) subject to article 25 (2) of this Order, act as pilot in command of a helicopter or gyroplane at night if:
(i) he is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that the licence does not include an instrument rating and he has not within the immediately preceding 13 months carried out as pilot in command not less than 5 take-offs and 5 landings at a time when the depression of the centre of the sun was not less than 12°C below the horizon;
(ii) he so acts in accordance with instructions given by a person holding a pilot's licence granted under this Order being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of helicopter or gyroplane being flown by night;
(iii) no person other than that specified in sub-paragraph (ii) above is carried and
(iv) the helicopter or gyroplane is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests;
(e) subject to article 25(2) of this Order, act as pilot in command of a balloon if:
(i) he is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that he has not within the immediately preceding 13 months carried out as pilot in command 5 flights each of not less than 5 minutes duration;
(ii) he so acts in accordance with instructions given by a person authorised by the Governor to supervise flying in the type of balloon being flown;
(iii) no person other than that specified in sub-paragraph (ii) above is carried; and
(iv) the balloon is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.
(3) Subject as aforesaid, a person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered in a country other than the Territory unless:
(a) in the case of an aircraft flying for the purpose of public transport or aerial work, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or
(b) in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Governor does not in the particular case give a direction to the contrary.
(4) For the purposes of this Part of this Order a licence granted under the law of a Contracting State other than the Territory, purporting to authorise the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorise him to act as a student pilot only, shall, unless the Governor in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under this Order but does not entitle the holder:
(a) to act as a member of the flight crew of any aircraft flying for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or
(b) in the case of a pilot's licence, to act as pilot of any aircraft flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying.
(5)
(6) Notwithstanding paragraph (1), a person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the Territory for the purposes 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 therein, without being the holder of an appropriate licence if he 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.
(7) Notwithstanding paragraph (1), a person may act as a member of the flight crew of an aircraft registered in the Territory without being the holder of an appropriate licence if, in so doing, he is acting in the course of his duty as a member of any of Her Majesty's naval, military or air forces.
(8) An appropriate licence for the purposes of this article means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.
(9) This article shall not require a licence to be held by a person by reason of his acting as a member of the flight crew of a glider unless:
(a) he acts as a flight radiotelephony operator otherwise than in accordance with paragraph (2)(a)(i); or
(b) the flight is for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.
(10) Notwithstanding anything in this article:
(a) the holder of a licence granted or rendered valid under this Order, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in the Territory in or over the territory of a Contracting State other than the Territory except in accordance with permission granted by the competent authorities of that State.
(b) the holder of a licence granted or rendered valid under the law of a Contracting State other than the Territory, being a licence endorsed as aforesaid, shall not act as a member of the flight crew of any aircraft in or over the Territory except in accordance with permission granted by the Governor, whether or not the licence is or is deemed to be rendered valid under this Order.
Grant, renewal and effect of flight crew licences
22.—(1)
(a) Subject to sub-paragraph (d), the Governor shall grant licences, subject to such conditions as he thinks fit, of any of the classes specified in Part A of Schedule 8 to this Order authorising the holder to act as a member of the flight crew of an aircraft registered in the Territory, upon his being satisfied that the applicant is a fit person to hold the licence, and is qualified by reason of his knowledge, experience, competence, skill and physical and mental fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) and undertake such courses of training as the Governor may require of him.
(b) A licence granted under this article shall not be valid unless it bears thereon the ordinary signature of the holder in ink.
(c) Subject to article 81 of this Order, a licence shall remain in force for the period indicated in the licence, not exceeding the period specified in respect of a licence of that class in the said Schedule, and may be renewed by the Governor from time to time upon his being satisfied that the applicant is a fit person and qualified as aforesaid. If no period is indicated in the licence it shall remain in force, subject as aforesaid, for the lifetime of the holder.
(d) A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence in Part A of the said Schedule.
(2) The Governor may include in a licence a rating, subject to such conditions as he thinks fit, of any of the classes specified in Part B of the said Schedule, upon his being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating relates, and such rating shall be deemed to form part of the licence.
(3) Subject to any conditions of the licence and to the provisions of this Order, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Part A of the said Schedule under the heading ‘Privileges' and a rating of any class shall entitle the holder of the licence in which such rating is included to perform the functions specified in respect of that rating in Part B of the said Schedule.
Maintenance of privileges of aircraft ratings in licences
23.—(1)
(a) Subject to sub-paragraphs (b) and (c), the holder of a pilot's licence or a flight engineer's licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of test or a valid certificate of experience in respect of the rating, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Part C of Schedule 8 to this Order and shall otherwise comply with that Part.
(b) The holder of a Private Pilot's Licence (Balloons and Airships) shall be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight when the licence does not bear such a certificate.
(c) The holder of a Private Pilot's Licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the certificate of test or certificate of experience required by sub-paragraph (a) is included in the personal flying log book required to be kept by him under article 28 of this Order.
(2) The holder of a flight navigator's licence shall not be entitled to perform functions on a flight to which article 20(4) of this Order applies unless the licence bears a valid certificate of experience which certificate shall be appropriate to the functions he is to perform on that flight in accordance with Part C of the said Schedule and shall otherwise comply with that Part.
Maintenance of privileges of other ratings in licences
24.A person shall not be entitled to perform the functions to which an instrument rating (aeroplanes), an instrument rating (helicopters), a flying instructor's rating, an assistant flying instructor's rating, or an instrument meteorological conditions rating (aeroplanes) relates unless his licence bears a valid certificate of test, which certificate shall be appropriate to the functions to which the rating relates in accordance with Part C of Schedule 8 to this Order and shall otherwise comply with that Part.
Medical requirements for licence holders
25.—(1)
(a) The holder of a licence granted under article 22, other than a Flight Radiotelephony Operator's Licence, shall not be entitled to perform any of the functions to which his licence relates unless it includes an appropriate valid medical certificate.
(b) Every applicant for or holder of a licence granted under article 22 shall upon such occasions as the Governor may require submit himself to medical examination by a person approved by the Governor, either generally or in a particular case or class of cases, who shall make a report to the Governor in such form as the Governor may require.
(c) On the basis of such medical examination, the Governor or any person approved by him as competent to do so may issue a medical certificate subject to such conditions as he thinks fit to the effect that he has assessed the holder of the licence as fit to perform the functions to which the licence relates, and the certificate shall, without prejudice to paragraph (2) of this article, be valid for such period as is therein specified and shall be deemed to form part of the licence.
(2)
(a) A person shall not be entitled to act as a member of the flight crew of an aircraft registered in the Territory if he knows or suspects that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.
(b) Every holder of a medical certificate issued under this article who:
(i) suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew;
(ii) suffers any illness involving incapacity to undertake those functions throughout a period of 21 days or more; or
(iii) in the case of a woman, has reason to believe that she is pregnant;
shall inform the Governor in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 21 days has expired in the case of illness. The medical certificate shall be deemed to be suspended upon the occurrence of such injury or the expiry of such period of illness or the confirmation of the pregnancy, and
(aa) in the case of injury or illness the suspension shall cease upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume his functions as a member of the flight crew or upon the Governor exempting, subject to such conditions as he thinks fit, the holder from the requirement of a medical examination; and
(bb) in the case of pregnancy, the suspension may be lifted by the Governor for such period and subject to such conditions as he thinks fit and shall cease upon the holder being medically examined under arrangements made by the Governor after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.
Miscellaneous licensing provisions
26.—(1) A person who, on the last occasion when he took a test for the purposes of articles 23 or 24, failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it.
(2) Nothing in this Order shall prohibit the holder of a pilot's licence from acting as pilot of an aircraft certificated for single pilot operation when, with the permission of the Governor he is testing any person for the purposes of articles 22(1), 22(2), 23 or 24, notwithstanding that the type of aircraft in which the test is conducted is not specified in an aircraft rating included in his licence or that the licence or personal flying log book, as the case may be, does not include a valid certificate of test, experience or revalidation in respect of the type of aircraft.
(3) Where any provision of Part C of Schedule 8 or Part B of Schedule 10 to this Order permits a test to be conducted in a flight simulator approved by the Governor, that approval may be granted subject to such conditions as the Governor thinks fit.
(4) Without prejudice to any other provision of this Order the Governor may, for the purpose of this Part of this Order, either absolutely or subject to such conditions as he thinks fit:
(a) approve any course of training or instruction;
(b) authorise a person to conduct such examinations or tests as he may specify; and
(c) approve a person to provide any course of training or instruction.
Validation of Licences
27.The Governor may issue a certificate of validation rendering valid for the purpose of this Order any flight crew licence granted under the law of any country other than the Territory. A certificate of validation may be issued subject to such conditions and for such periods as the Governor thinks fit.
Personal flying log book
28.—(1) Every member of the flight crew of an aircraft registered in the Territory and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under this Order shall keep a personal flying log book in which the following particulars shall be recorded:
(a) the name and address of the holder of the log book;
(b) particulars of the holder's licence (if any) to act as a member of the flight crew of an aircraft; and
(c) the name and address of his employer (if any).
(2) Particulars of each flight during which the holder of the log book acted either as a member of the flight crew of an aircraft or for the purpose of qualifying for the grant or renewal of a licence under this Order, as the case may be, shall be recorded in the log book at the end of each flight or as soon thereafter as is reasonably practicable, including:
(a) the date, the places at which the holder embarked on and disembarked from the aircraft and the time spent during the course of a flight when he was acting in either capacity;
(b) the type and registration marks of the aircraft;
(c) the capacity in which the holder acted in flight;
(d) particulars of any special condition under which the flight was conducted, including night flying and instrument flying; and
(e) particulars of any test or examination undertaken whilst in flight.
(3) For the purposes of this article, a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped.
(4) Particulars of any test or examination undertaken whilst in a flight simulator shall be recorded in the log book, including:
(a) the date of the test or examination;
(b) the type of simulator;
(c) the capacity in which the holder acted; and
(d) the nature of the test or examination.
Instruction in flying
29.—(1) A person shall not give any instruction in flying to which this article applies unless:
(a) he holds a licence, granted or rendered valid under this Order entitling him to act as pilot in command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and
(b) his licence includes an instructor's rating or an assistant flying instructor's rating entitling the holder to give the instruction.
(2) Subject to paragraph (3), this article applies to instruction in flying given to any person flying or about to fly a flying machine or glider for the purpose of becoming qualified for:
(a) the grant of a pilot's licence; and
(b) the inclusion or variation of any rating in his licence.
(3) This article shall not apply to any instruction in flying given to a person for the purpose of becoming qualified for the inclusion in his licence of an aircraft rating entitling him to act as pilot of a multi-engined aircraft, or an aircraft of any class appearing in column 4 of the Table in Part A of Schedule 2 to this Order, if that person has previously been entitled under this Order or qualified in any of Her Majesty's naval, military or air forces, to act as pilot of multi-engined aircraft or an aircraft of that class, as the case may be.
Glider pilot-minimum age
30.A person under the age of 16 years shall not act as pilot in command of a glider.
PART VOperation of AircraftOperations manual 31.—(1)
(a) Subject to sub-paragraph (b), this article shall apply to public transport aircraft registered in the Territory except aircraft used for the time being solely for flights not intended to exceed 60 minutes in duration, which are either:
(i) flights solely for training persons to perform duties in an aircraft; or
(ii) flights intended to begin and end at the same aerodrome.
(b) This article shall not apply to an aircraft flying or intended by the operator of the aircraft to fly solely under and in accordance with the terms of a police air operator's certificate.
(2)
(a) The operator of every aircraft to which this article applies shall:
(i) make available to each member of his operating staff an operations manual;
(ii) ensure that each copy of the operations manual is kept up to date; and
(iii) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.
(b)
(i) Subject to sub-paragraph (ii), each operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such including in particular information and instructions relating to the matters specified in Part A of Schedule 10 to this Order.
(ii) The operations manual shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.
(3)
(a) An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Governor a copy of the whole of the operations manual for the time being in effect in respect of the aircraft.
(b) Subject to sub-paragraph (c), any amendments or additions to the operations manual shall be furnished to the Governor by the operator before or immediately after they come into effect.
(c) Where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Governor.
(d) Without prejudice to the foregoing sub-paragraphs, the operator shall make such amendments or additions to the operations manual as the Governor may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.
(4) For the purposes of this article, article 32, article 58 of and Schedule 10 to this Order, "operating staff" means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions.
(5) If in the course of a flight on which the equipment specified in Scale O in paragraph 5 of Schedule 4 hereto is required to be provided the said equipment becomes unserviceable, the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the operations manual.
Police operations manual
32.—(1) This article shall apply to aircraft flying, or intended by the operator, of the aircraft to fly, under and in accordance with the terms of a police air operator's certificate.
(2) An aircraft to which this article applies shall not fly except under and in accordance with the terms of Part I and Part II of a police operations manual, Part I of which shall have been approved in respect of the aircraft by the Governor.
(3)
(a) The operator of every aircraft to which this article applies shall:
(i) make available to each member of its operating staff a police operations manual;
(ii) ensure that each copy of the operations manual is kept up to date; and
(iii) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.
(b) Each police operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such.
(4) The Governor may approve Part I of the police operations manual for the purposes of this article either absolutely or subject to such conditions as he thinks fit.
(5)
(a) An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Governor a copy of Part II of th
