Air Navigation (Overseas Territories) Order 1989

CITATION, COMMENCEMENT AND REVOCATION

Article

1 Citation and commence ment

2 Revocation

PART I
REGISTRATION AND MARKING OF AIRCRAFT

3 Aircraft to be registered

4 Registration of aircraft in the Territory

5 Nationality and registra tion marks

PART II
AIR OPERATORS' CERTIFI CATES

6 Issue of air operators' certificates

PART III
AIRWORTHINESS AND EQUIP MENT OF AIRCRAFT

7 Certificate of airworthi ness to be in force

8 Issue, renewal, etc., of certificates of airworthi ness

9 Certificate of maintenance review

10 Technical log

11 Inspection, overhaul, re pair, replacement and modification

12 Licensing of maintenance engineers

13 Equipment of aircraft

14 Radio equipment of air craft

15 Aircraft, engine and pro peller log books

16 Aircraft weight schedule

17 Access and inspection for airworthiness purposes

PART IV
AIRCRAFT CREW AND LICENS ING

18 Composition of crew of aircraft

19 Members of flight crew-requirement of licences

20 Grant, renewal and effect of Flight Crew Licences

21 Validation of licences

22 Personal flying log book

23 Instruction in flying

24 Glider pilot — minimum age

PART V
OPERATION OF AIRCRAFT

25 Operations Manual

26 Training manual

27 Public transport —opera tor's responsibilities

28 Loading — public trans port aircraft and sus pended loads

29 Public transport --operat ing conditions

30 Aircraft registered in the Territory — aerodrome op erating minima

31 Aircraft not registered in the Territory — aerodrome operating minima.

32 Pre-flight action by com mander of aircraft.

33 Pilots to remain at con trols

33A Wearing of survival suits by crew

34 Public transport of pas sengers — duties of com mander

35 Operation of radio in air craft

36 Minimum navigation per formance

37 Use of flight recording systems and preservation of records

38 Towing of gliders

39 Towing, picking up and raising of persons and ar ticles

40 Dropping of animals and articles

41 Dropping of persons

42 Issue of aerial application certificates

43 Carriage of weapons and of munitions of war

44 Carriage of dangerous goods

45 Method of carriage of per sons

46 Exits and break-in mark ings

47 Imperilling safety of air craft

48 Imperilling safety of any person or property

49 Drunkenness in aircraft

50 Smoking in aircraft

51 Authority of commander of aircraft

52 Stowaways

PART VI
FATIGUE OF CREW

53 Application and interpre tation of Part VI

54 Fatigue of crew —opera tor's responsibilities

55 Fatigue of crew —respon sibilities of crew

56 Flight times —responsi bilities of flight crew

PART VII
DOCUMENTS AND RECORDS

57 Documents to be carried

58 Records to be kept

59 Production of documents and records

60 Power to inspect and copy documents and records

61 Preservation of docu ments, etc.

62 Revocation, suspension and variation of certifi cates, licences and other documents

62A Revocation, suspension or variation of permissions, etc. granted under Article 83 or Article 84

63 Offences in relation to documents and records

PART VIII
CONTROL OF AIR TRAFFIC

64 Rules of the air and air traffic control

65 Licensing of air traffic controllers, student air traffic controllers and aerodrome flight informa tion service officers

66 Prohibition of unlicensed air traffic controllers, stu dent air traffic controllers and aerodrome flight in formation service officers

67 Flight information service manual

68 Incapacity of air traffic controllers

69 Power to prohibit or re strict flying

70 Balloons, kites, airships, gliders and parascending parachutes

PART IX
AERODROMES, AERONAUTI CAL LIGHTS AND DANGEROUS LIGHTS

71 Aerodromes: public trans port of passengers and in struction in flying

72 Use of Government aero dromes

73 Licensing of aerodromes

74 Radio equipment at aero dromes

75 Records at aerodromes

76 Charges at aerodromes licensed for public use

77 Use of aerodromes by air craft of Contracting States and of the Commonwealth

78 Noise and vibration caused by aircraft on aerodromes

79 Aeronautical lights

80 Dangerous lights

81 Customs and Excise air ports

82 Aviation fuel at aero dromes

PART X
GENERAL

83 Restriction with respect to carriage for hire or reward in aircraft registered out side the Territory

84 Restriction with respect to aerial photography and survey from aircraft regis tered outside the Territory

85 Flights over any foreign country

86 Mandatory reporting

87 Power to prevent aircraft flying

88 Flight of access to aero dromes and other places

89 Obstruction of persons

90 Enforcement of directions

91 Penalties

92 Extra-territorial effect of the Order

93 Application of Order to British-controlled aircraft not registered in the Terri tory

94 Application of Order to the Crown and visiting forces, etc.

95 Exemption from Order

96 Appeal to Supreme Court

97 Application of Order

98 Regulations by the Gover nor: Fees

99 Interpretation

100 Saving

101 Small aircraft

SCHEDULES

Schedule 1—Part A.. Table of General Classification of Aircraft.

Part B. Nationality and Registration Marks of Air craft Regis tered in the Territory.

Part C. Aircraft Dealers Certificate-Conditions.

Schedule 2—A and B condi tions.

Schedule 3—Categories of Air craft.

Schedule 4—Aircraft Equip ment.

Schedule 5—Radio equipment to be carried in aircraft.

Schedule 6—Aircraft, Engine and Propeller Log Books.

Schedule 7—Areas Specified in connection with the Car riage of Flight Navigators as Members of the Flight Crews of Public Transport Aircraft

Schedule 8—Flight Crew of Aircraft: Licences and Ratings

Schedule 9—Air Traffic Control lers: Ratings.

Schedule 10—Public Transport: Operational Requirements.

Schedule 11—Documents to be Carried by Aircraft Regis tered in the Territory.

Schedule 12—Penalties.

Schedule 13—Rules of the Air and Air Traffic Control.

Schedule 14—Air Navigation (General) Regulations.

Schedule 15—Air Navigation (Dangerous Goods) Regu lations.

Schedule 16—Territories to which this Order applies.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order supersedes the Air Navigation (Overseas Territories) Order 1977 (S.I. 1977/422), as amended (S.I. 1977/820, and S.I. 1978/1520).

The Order is based closely on the Air Navigation Order 1985 (S.I. 1985/1643), as amended (S.I. 1986/2238).

The main difference between this Order and the Air Navigation Order is that this Order contains the Rules of the Air and Air Traffic Control (Schedule 13), the Air Navigation (General) Regulations (Schedule 14) and the Air Navigation (Dangerous Goods) Regulations (Schedule 15), instead of these being pre scribed by the Secretary of State as in the United Kingdom.

The Table of Comparison specifies the corresponding Article numbers of the Air Navigation (Overseas Territories) Order 1977, as amended.

In addition to some minor and drafting amendments, the follow ing changes are made:

(1) The Governor may now keep the register of aircraft in the Territory on computer provided that the particulars so recorded can be reproduced in a legible form (Article 4(1)).

(2) A certificate of airworthiness now becomes invalid if an in spection required by the maintenance schedule approved by the Gover nor in respect of the aircraft has not been carried out. (Article 8(7)).

(3) Certificates of maintenance are now replaced by certificates of maintenance review which must certify not only that an aircraft has been maintained in accordance with the maintenance schedule ap proved by the Governor in respect of the aircraft but also that the air craft has been inspected and modified as required by the Governor, that defects entered in the technical log of the aircraft have been rectified or deferred in accordance with procedures approved by the Governor and that certificates of release to service have been issued in respect of the overhaul, repair, replacement, modification, maintenance or inspection of the aircraft. Every aircraft registered in the Territory which has a certificate of airworthiness in the transport or aerial work category, whether or not it is in fact flying for purposes of public transport or aerial work, is now prohibited from flying unless it has been maintained in accordance with a maintenance schedule approved by the Governor and it has a valid certificate of maintenance review. An aircraft is no longer permitted to fly solely for training purposes if the radio station his not been maintained in accordance with the approved maintenance schedule or if there is no certificate of maintenance review in force in re spect of the radio station. (Article 9).

(4) A technical log must now be kept for any aircraft registered in the Territory which has a certificate of airworthiness in the transport or aerial work category, whether or not it is in fact flying for the purpose of public transport or aerial work. The commander of the aircraft need not now include in the details recorded in the technical log particulars of any defect which does not affect the airworthiness or safe operation of the aircraft, but he must include any other particulars which the Gov ernor may require in respect of the airworthiness or operation of the air craft. In the case of an aircraft whose maximum total weight authorised does not exceed 2,730 kg. and which is not operated by a person who holds or is required to hold an air operator's certificate, the details may, instead of being entered in the technical log, be entered in some other record approved by the Governor. (Article 10).

(5) Certificates of compliance are now replaced by certificates of release to service which must be issued not only when a part of an aircraft or its equipment has been inspected, overhauled, repaired, re placed or modified but also when the aircraft has been maintained. The dispensation for owners and operators of small aircraft doing prescribed repairs is now confined to aircraft in the private and special categories. (Article 11).

(6) The privileges attaching to an aircraft maintenance engi neer's licence are no longer specified in the Order but are specified in the licence itself. The maximum period of validity of such a licence is extended to 5 years. For the avoidance of doubt it is expressly provided that the Governor may approve courses of training or instruction, per sons to provide such courses, persons as qualified to furnish reports to him and the Governor may authorise persons to conduct examinations and tests specified by him in relation to the functions of the Governor in licensing aircraft maintenance engineers (Article 12).

(7) Individual safety leaflets containing pictorial information and instruc tions are now required to be provided for each passenger on a public transport aircraft registered in the Territory unless the Gover nor has given written permission for a notice or notices to be exhibited in each passenger compartment. (Article 13(5)).

(8) From 1st January 1992 aeroplanes of 5700 kg or less fly ing for the purpose of public transport under Instrument Flight Rules must carry two qualified pilots if they are multi-engined or powered by turbine jet or powered by one or more turbine propeller engines and pressurised. Unpressurised turbo prop aircraft which may only carry less than ten passengers and piston engined aircraft may carry only one pilot provided that the aircraft is fitted with an approved auto-pilot (Article 18(3)).

(9) Cabin attendants must be carried by any aircraft flying for the purpose of public transport on which at least twenty passengers are actually carried or which is capable of carrying at least thirty six pas sengers and actually carries at least one passenger. The number of cabin attendants required varies with the number of passenger seats installed in the aircraft although a lesser number of attendants may be carried with the permission of the Authority (Article 18(7)).

(10) From 1st July 1990 the holder of a pilot's licence issued outside the Territory will no longer be entitled either to act by virtue of the privileges of that licence as a pilot of in aircraft registered in the Territory and flying in the Territory's controlled airspace in circum stances requiring compliance with the Instrument Flight Rules or to give any instruction in flying in an aircraft registered in the Territory. (Article 19(3)).

(11) For the avoidance of doubt it is expressly provided that the Governor may approve courses of training or instruction, persons to provide such courses, and persons as qualified to furnish reports to him and the Governor may also authorise persons to conduct examinations and tests specified by him in relation to the functions of the Governor in licensing flight crews. (Article 20(11)).

(12) The holder of a personal flying log book is now required to record particulars of a flight at the end of a flight or as soon as practi cable thereafter and the particulars to be recorded now include the date and places of embarkation on and disembarkation from an aircraft and the times during which he acted either as a member of the flight crew thereof or for the purpose of qualifying for the grant or renewal of a li cence. For the purposes of the holder of a personal flying log book re cording particulars therein and for the purposes of recording the flight times during which a person acted as a member of the flight crew of a helicopter, a helicopter is now deemed to be in flight from the moment it first moves under its own power for the purpose of taking off until the rotors are next stopped. (Articles 22 and 53(3)).

(13) The operator of an aircraft flying for the purpose of public transport must ensure that cabin baggage can be properly secured and if the aircraft is capable of seating more than 30 passengers the baggage carried in the cabin must not exceed the capacity of the stowage spaces approved by the Governor. The commander of an aircraft must take all reasonable steps to ensure that cabin baggage is properly secured and in the case of an aircraft flying for the purpose of public transport and capable of seating more than 30 passengers, that such baggage is stowed in approved stowage spaces. (Articles 28(6) and 34(2)(e)).

(14) Commanders of aircraft flying for the purpose of public transport are now required to confirm that they have the appropriate runway visual range at the time at which they descend below 1,000 feet above the height of the aerodrome at which they intend to land and to establish and maintain the appropriate visual reference once they are below the appropriate decision height or minimum descent height. De cision height is now defined in terms of a precision approach, which is itself now defined. Minimum descent height is defined in terms of a non-precision approach which is also now defined. A revised definition of runway visual range allows for it to be calculated by either human observation or instruments and from the touchdown zone or the mid point of the runway. (Articles 30, 31 and 96(1)).

(15) The crew of helicopters flying over water in connection with the offshore exploitation or exploration of mineral resources in specified circumstances are required to wear a survival suit. (Article 33A and Schedule 5, paragraphs 4 and 5).

(16) Lifejacket demonstrations are required before take-off on all public transport flights which either fly beyond gliding distance from land and are required to carry a cabin attendant or are intended to fly beyond 30 minutes flying time from land. In addition, a lifejacket dem onstration is required if, in the event of any emergency occurring during take-off or landing, it is reasonably possible that the aircraft would be forced to land onto water. The required demonstrations need not be practical. An audio-visual presentation in the aircraft or prior to boarding is sufficient. Where the requirements to carry out such dem onstrations arise, a lifejacket must be carried for each person on board the aircraft.

All passengers aged two years or more must have their own seat. All passengers aged less than two years must be provided with a child restraint device.

New requirements are introduced for the carriage of oxygen aboard aircraft on public transport flights. The main points of the new requirements are that all pressurised aircraft operating above flight level 250 must carry a minimum of two hours supply of oxygen for flight crew and ten minutes for each passenger cabin occupant. In addition, dedi cated first aid oxygen is to be carried together with portable breathing equipment for cabin attendants. Except for changes to altitude bands, the requirements for pressurised aircraft operating below flight level 250 and for unpressurised aircraft are similar to the previous requirements. The new requirements apply only to new aircraft, as specified in the Or der, although older aircraft may elect to comply with either the existing or the new requirements. The one change which affects all public transport aircraft is that from 1st January 1991 all flight crew are re quired to use supplemental oxygen when flying above 10,000 feet for any period whatsoever (Article 34 and Schedules 4 and 5).

(17) A member of the flight crew of an aircraft may now be re quired to operate radio or radio equipment with which the aircraft is re quired to be equipped by either the appropriate air traffic control unit or when flying in notified airspace. (Article 35(3)).

(18) From 1st January 1991 a helicopter on any flight will be required to be equipped with a 4-channel cockpit voice recorder to which is attached an under-water sonar location device if the certificate of airworthiness is issued in the transport category and the helicopter either has a maximum total weight authorised exceeding 2,700 kg. or the capacity to carry more than 9 passengers. (Schedule 4).

On flights by such helicopters the cockpit voice recorder is re quired always to be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped. (Article 37(3)).

(19) The commander of an aircraft about to tow a glider is now additionally required to satisfy himself before the towing aircraft tales off that it is capable of reaching and maintaining a safe height at which to separate the towing aircraft and glider. (Article 38(3)).

(20) The launching and picking up of tow ropes, banners or similar articles is now prohibited except at an aerodrome. (Article 39(2)).

(21) A passenger may be carried in a helicopter which is carry ing a suspended load provided that the passenger is a person who has been raised from the surface or who it is intended shall be lowered to the surface (Article 39(6)).

(22) Parachuting from an aircraft flying over the Territory is now allowed with the written permission of the Governor. An aircraft may now only be used for such purposes if the certificate of airworthiness includes an express provision that the aircraft may be used for that purpose and in accordance with the provisions thereof. Every applicant for and holder of such a permission is required to make available to the Governor a parachuting manual if requested to do so and is required to make such amendment or addition to the manual as the Governor may require. (Article 41).

(23) An aircraft may now carry a munition of war with the writ ten permission of the Governor if the operator of the aircraft has previ ously informed the commander in writing of the conditions of such permission and the details of the type, weight, quantity and location of the munition of war. A person may now have in his possession or cause to be taken on board an aircraft a weapon or munition of war if he has furnished the operator with particulars before the flight commences and the operator consents to the carriage of such weapon or munition of war which must be consigned as cargo or be part of a passenger's baggage and stowed in a place inaccessible to passengers and, in the case of a firearm, be unloaded. Foreign registered aircraft may if permitted by the law of the state in which they are registered carry weapons or muni tions of war for the purpose of ensuring the safety of the aircraft or of persons on board. (Article 43).

(24) Schedule 15 to the Order contains regulations prescribing the classification of articles and substances as dangerous goods and the conditions which apply to the carriage of such goods by aircraft includ ing the manner in which they must be packed, marked, labelled and consigned and loaded. The regulations also prescribe the documents which must be produced to the Governor or an authorised person and the persons to whom information about the carriage of dangerous goods must be provided. It shall be an offence to contravene or permit the contravention of the regulations. The Governor may, with the approval of the Secretary of State, supplement, amend or replace the regulations in Schedule 15. (Article 44).

The 1989-1990 English language edition of the Technical In structions for the Safe Transport of Dangerous Goods by Air, referred to in Schedule 15, can be purchased from IAL, Merchandising Services, Aeradio House, Hayes Road, Southall, Middlesex, UB2 5NJ.

(25) Every exit from a public transport aircraft registered in the Territory must be marked as either an Exit or Emergency Exit in capital letters. (Article 46(3)).

(26) The Governor and authorised persons are given the power to inspect and copy specified documents. (Article 60).

(27) A person who has ceased to be the operator of an aircraft is no longer required to preserve certain documents relating to the aircraft or its engines if another person who has become the operator of the air craft or the aircraft in which the engines are installed demands delivery of those documents even though the aircraft ceases to remain registered in the Territory (Article 61).

(28) Article 62A confers new powers on the Secretary of State as to the revocation, suspension or variation of permits to take on board or discharge passengers or cargo in the Territory or to fly over the Territory for the purpose of aerial photography, aerial survey or other aerial work, granted by the Secretary of State or the Governor under Article 83 or Article 84 of this Order.

(29) For the avoidance of doubt it is expressly provided that the Governor may approve persons to conduct examinations and tests on applicants for and the holders of an air traffic controller's licence, a stu dent air traffic controller's licence or an aerodrome flight information of ficer's licence.

The Governor may now require an applicant for or holder of an aerodrome flight information service officer's licence to subject himself to examinations and tests and to furnish evidence as to his knowledge, experience, competence and skill. (Article 65(7) and (8)).

(30) If the commander of an aircraft becomes aware that he is within restricted airspace he must, unless otherwise instructed, leave that airspace by the shortest route. In addition to complying with in structions or prescribed visual signals whilst within such restricted air space he must now in addition comply with such instructions and sig nals when within a Danger Area. Danger Area is now defined as being airspace which has been notified as such. (Articles 69 and 99).

(31) The launching by winch and cable or by ground tow of gliders or parascending parachutes to a height of more than 60 metres is prohibited except with the permission of the Governor and in accor dance with any conditions imposed (Article 70).

(32) Helicopter and gyroplanes engaged on flights for the pur pose of the public transport of passengers which begin and end at the same aerodrome are no longer required to take off from and land at a Government aerodrome or a licensed aerodrome. Also, the requirement that all aeroplanes flying for the purpose of instruction in flying shall take off or land at a licensed aerodrome or a Government aerodrome, is amended so that it now only applies to instruction in flying given for the purpose of becoming qualified for the grant of a pilot's licence, the in clusion of an aircraft rating or a night rating in a licence, or for the pur pose of carrying out flying tests in respect of such a purpose. (Article 71).

(33) Contravention of an aerodrome licence or of a condition of such a licence is now an offence only if the contravention relates to an aircraft engaged on a flight for which it is required to take off or land from a licensed aerodrome (Article 73(5)).

(34) The provisions of Articles 74 and 75 are no longer re stricted to licensed aerodromes from which aircraft of which the maxi mum total weight authorised exceeds 2,730 kg. operate on flights for the public transport of passengers.

The Governor is now required to approve the purpose of any aeronautical radio station before it is established or used and its equip ment must be of a type of which the specification has been approved by the Governor for the purpose for which it is to be used.

The person in charge of an aeronautical radio station the pur pose of which is to provide radio or radar navigational aid to aircraft making an approach to land at an aerodrome must now have all aero nautical radio stations operated by him at that aerodrome installed, modified, maintained and flight checked by the Governor or by a person approved by the Governor before he may provide such navigational aid. He must also notify the type and hours of operation of any service avail able for use by aircraft if the aeronautical radio station is at an aero drome for which a licence for public use has been granted, or in the case of an aeronautical radio station at any other aerodrome, if he is re quired to do so by the Governor in approving the purpose for which the aeronautical radio station is to be used.

Instead of the aerodrome licensee the person in charge of an aeronautical radio station approved by the Governor is now required to keep written records and recording apparatus which must record speci fied particulars at all times when the aeronautical radio station is in op eration for providing an air traffic control service. (Articles 74 and 75).

(35) New definitions of the expressions "aeronautical beacon" and "aeronautical ground light" replace the definition of "aeronautical light" (Article 99). The permission of the Governor is now only required for establishing, maintaining or altering the character of an aeronautical beacon within the Territory or an aeronautical ground light which is at a licensed aerodrome or which forms part of the lighting system for use by aircraft taking off from or landing at such an aerodrome. (Article 79).

(36) Aircraft registered other than in the Territory will now re quire a permit from the Secretary of State before they may take on board or discharge in the Territory passengers or cargo carried for hire or reward; the powers of the Secretary of State in this respect may be delegated to the Governor, who must comply with guidelines or direc tions given to him by the Secretary of State. (Article 83).

Aircraft registered other than in the Territory are restricted from flying over the Territory for the purpose of any form of aerial work ex cept with the permission of the Governor and in accordance with any conditions to which such permission may be subject. (Article 84).

(37) Certain requirements as to the purposes for which an air craft is being used and as to compliance with the direction of a foreign country's aeronautical authorities are imposed on the operator or com mander of aircraft flying over any foreign country as provided for in the Protocol relating to an amendment (article 3 bis) to the Convention on Civil Aviation of 7th December 1944 (the Chicago Convention) (Cmd. 8742) which was approved at Montreal on 10th May 1984 (Cmnd. 9275). A person is liable for a contravention on summary conviction to a fine not exceeding 400 and on conviction on indictment to an unlim ited fine or imprisonment for a term not exceeding two years or both. (Article 85 and Schedule 12).

(38) The criminal offences created by the Order are re-classified to make only the most serious offences triable on indictment, and the maximum penalties for contravention of the provisions of the Order are increased from 100 to 200 for the less serious offences and from 200 to 400 for the more serious offences.

Public transport flights without an air operators certificate and flights without a certificate of airworthiness are now subject to a maxi mum penalty of a fine of 400 on summary conviction or to an unlim ited fine or to imprisonment for a term not exceeding two years or both on conviction on indictment. (Article 91 and Schedule 12).

(39) The aerodrome traffic zone of an aerodrome on land is now defined in relation to the mid point of the longest runway at the aero drome. The size of the aerodrome traffic zone depends on the length of that runway, and the runway end clearance provided for that and the other runways at the aerodrome. (Article 99).

(40) There is a new definition of "flight recording system" which comprises flight data recorders and cockpit voice recorders. (Article 99).

(41) The detailed requirements for the display of nationality and registration marks on aircraft are amended. (Schedule 1, Part B).

(42) Torches carried to provide illumination in the passenger compart ment in an emergency are not required to be of an approved type. However, the number of electric torches required to be carried is amended. One must be carried for each member of the flight crew and one fixed at each exit, provided that the number so fixed is not less than the minimum number of cabin attendants required to be carried under the Order. Thus where additional cabin attendants are carried no addi tional torches will be necessary. (Schedule 4).

(43) On all flights for the purpose of the public transport of pas sengers on aeroplanes there shall be a safety harness for each seat for use by cabin attendants and the minimum number of harnesses shall correspond to the minimum number of cabin attendants which the air craft is required to carry. (Schedule 4).

(44) On all flights for the purpose of the public transport of pas sengers on helicopters there shall be a safety harness for each seat for use by cabin attendants and the minimum number of harnesses shall correspond to the maximum number of cabin attendants which the helicopter is required to carry. (Schedule 4).

(45) Helicopters operating on or after 1st January 1991 for the purpose of public transport over water for more than three minutes are required to carry a radio altimeter capable of alerting the pilot audibly and visually to surface proximity, and helicopters operating on or after 1st January 1991 beyond ten minutes flying time from land or on all flights involving manoeuvres over water are required to be equipped with an automatically deployable emergency locator beacon. (Schedule 4).

(46) All turbine powered aeroplanes having a maximum total weight exceeding 11,400 kg. are required from 1st January 1991 to carry a four channel cockpit voice recorder on all flights. (Schedule 4).

(47) Aircraft registered in the Territory flying for the purpose of public transport or within controlled airspace may now carry either an analogue or a digital display time piece. (Schedule 4).

(48) Where a sensitive pressure altimeter is required to be car ried it shall be adjustable for the forecast sea level barometric pressure. (Schedule 4).

(49) All aircraft within the Territory when flying under Instru ment Flight Rules in controlled airspace are required to be provided with secondary surveillance radar equipment unless the appropriate air traf fic control unit otherwise permits in relation to a particular flight and provided the aircraft complies with any instructions given by the air traffic control unit in a particular case. (Schedule 5, paragraph 2(1)).

(50) All aircraft, other than gliders, are now required to be pro vided with secondary surveillance radar when flying above Flight Level 100, unless the appropriate air traffic control unit otherwise permits in relation to a particular flight and provided the aircraft complies with any instructions given by the air traffic control unit in a particular case. (Schedule 5, paragraph 2(2)).

(51) The requirements for the carriage of radio navigation equipment is amended. Aircraft flying to, from or over Berlin are re quired to carry radio equipment capable of maintaining two-way com munication with the appropriate aeronautical radio stations, secondary surveillance radar equip ment and specified radio navigation equipment. In all cases where specified radio navigation equipment must be carried, the requirements have been revised and set out in Schedule 5 to the Order at Scale H. Schedule 14 to the Order is also being amended to delete provisions relating to radio equipment. The weight discriminant previously applied is replaced by a distinction between the requirements for single-engined aircraft and multi-engined aircraft. (Schedule 5, paragraph 2(4)).

(52) Additional smoke protection equipment is required for the crew of aircraft flying for the purpose of public transport. Additional oxygen must be provided for all portable breathing equipment carried on board, such equipment must be carried for all required cabin atten dants and additional equipment must be carried in certain circum stances. (Schedule 5, paragraphs 4 and 5).

(53) The holder of a Private Pilots Licence (Aeroplanes) may not now fly on a flight outside controlled airspace when the flight visibility is less than 1 nautical miles or out of sight of the surface unless he holds an instrument meteorological conditions rating. (Schedule 8, Part A).

(54) The holder of a Private Pilot's Licence (Aeroplanes) which includes an instrument meteorological conditions (aeroplanes) rating may not fly as pilot in command of an aeroplane when it is taking off or landing at any place if the flight visibility below cloud is less than 1 nautical mile (Schedule 8, Part B). A consequential amendment has been made to the privileges of a holder of a Commercial Pilot's Licence (Aeroplanes). (Schedule 8, Part A).

(55) From 1st January 1993 the privileges of the Commercial and Airline Transport Pilot's Licences (Aeroplanes) and (Helicopters and Gyroplanes) will be restricted so that after he has reached 60 the holder of a licence may only fly an aircraft which weighs 20,000 kg. or less if it is fitted with dual controls and he is accompanied by a second appro priately licensed pilot who has not yet attained the age of 60. After he has reached 65 the holder of a licence is not permitted to fly any aircraft flying for the purpose of public transport. (Schedule 8, Part A).

(56) The holder of a Commercial Pilot's Licence (Airships) is re quired to have a valid Certificate of Test or a valid Certificate of Experi ence before exercising the privileges of the licence. The period of validity of the Commercial Pilot's Licence (Airships) is extended from six months to ten years. (Schedule 8, Part A).

(57) For the avoidance of doubt Case E of the Table in Part C of Schedule 9 has been amended to make it clear that a certificate of test or certificate of experience is appropriate for any flight within the privi leges of a Private Pilot's Licence including aerial work consisting of the giving of instruction in flying or the conducting of flying tests in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club. (Schedule 8, Part C).

(58) Associated with the introduction of the Basic Commercial Pilot's Licence (Aeroplanes) the privileges of the private pilot's licence (Aeroplanes) no longer permit receipt of any remuneration whatsoever for services as a pilot. They do however include the conduct of aerial work flights which consist of flying training and testing, glider towing and parachute dropping where these activities are carried out under the auspices of a club.

A new professional pilot's licence is introduced with restricted privileges to be known as the Basic Commercial Pilot's Licence (Aeroplanes) (BCPL). In order to receive remuneration for carrying out aerial work flights, a pilot will be required to hold a professional li cence— ie at least a BCPL. The privileges of the new licence will also permit the holder to undertake limited public transport flying subject to certain conditions.

In order to fly as pilot in command at night, with or without passengers, the holder of a Private Pilot's Licence (Aeroplanes), a Basic Commercial Pilot's Licence (Aeroplanes) or a Private Pilot's Licence (Helicopters and Gyroplanes) must have a Night Rating included in the licence and the holder of a Commercial Pilot's Licence (Aeroplanes) or a Commercial Pilot's Licence (Helicopters and Gyroplanes) requires to have an Instrument Rating included in the licence or to have had speci fied experience within the previous 13 months. (Schedule 9, Part A, paragraph 1 and Part B, paragraph 1).

(59) The operator of a public transport aircraft who is required to produce an operations manual in respect of that aircraft shall from 1st June 1990 include therein information and instructions relating to the labelling and marking of dangerous goods, the manner in which they must be loaded in an aircraft and the responsibilities of members of the crew in respect of the carriage of dangerous goods. (Schedule 10, Part A).

(60) With the written permission of the Governor, a flight man ual need not be carried as part of the certificate of airworthiness if an operations manual is carried which includes specified information ex tracted from the flight manual. (Schedule 11).

(61) Schedule 13, which sets out the Rules of the Air and Air Traffic Control, has been amended in the following major respects: in Rule 1, the definition of anti-collision light is amended to require rotor craft to carry a flashing red light and to permit other aircraft to carry either a flashing red or flashing white light; Rules 5 and 34 set out new regulations concerning the picking up and dropping of tow ropes, ban ners or similar articles at aerodromes; in Rule 5 it is provided that when calculating the ability of an aircraft to alight clear of a congested area or an assembly in the open air of more than 1000 persons if the aircraft is towing a banner, the calculation must be done on the basis that the banner will not be jettisoned whilst over the congested area or within 3000 ft of such an assembly; Rule 9 is amended to require aircraft fitted with an anti-collision light to display such a light in flight by day, to re quire an aircraft to display specified lights at night whilst on the ground unless it is stationary in a specified part of an aerodrome, to require an aircraft to display an anti-collision light when stationary on the apron of an aerodrome with its engines running and to permit any flashing light to be switched off or reduced in intensity if it may adversely affect mem bers of the flight crew or outside observers; Rule 10 is amended to permit an aircraft to continue to fly by day when its anti-collision light has failed subject to a specified condition; Rule 11 is amended to impose the requirements previously applying to aircraft having a maximum to tal weight authorised of more than 5700 kg also on any other flying ma chine of a type first certified on or after 1st April 1988; Rule 15 is amended to require an airship to display an anti-collision light while flying at night; collision avoidance rules applicable to all aerodromes are transferred from Rule 35 to Rule 17; Rule 19 is amended so that it no longer applies to an aircraft flying within airspace notified for the pur poses of Rule 21 and in accordance with instructions given by the ap propriate air traffic control unit; a new rule 21A is added to permit glid ers to enter specified airspace which is notified for the purpose of Rule 21 without complying with the provision of Rule 21 subject to compli ance with such conditions as may be notified for the purpose of Rule 21A; the requirement of Rule 30 that the commander of a flying ma chine shall observe visual signals from an aerodrome now applies when he is flying in the pattern of traffic at the aerodrome instead of when he is flying in the aerodrome traffic zone; Rule 32(1) has been amended to cover any part of an aerodrome which is not a public right of way; Rule 35(2) and (3) which requires the commander of an aircraft to obtain permission before flying, taking off or landing in the traffic zone of an aerodrome specified in the Rule and to maintain communications with the ground while flying in such a zone, will now only apply to aircraft in the air traffic zone of an aerodrome notified for the purposes of the Rule and, at notified Government aerodromes, only during such times as are notified; only Government aerodromes, aerodromes with an air traffic control unit or an aerodrome flight information unit and licensed aero dromes with a means of two-way radio communication may be notified; the commander is now required to obtain permission only if there is an air traffic control unit at the aerodrome; in other cases, he must obtain information from the aerodrome flight information unit or from the radio station to enable the flight to be conducted with safety; Rule 36 has been extended to cover aids provided by satellite as well is those in the Territory; Rule 46 is amended to adopt the signals required by the rele vant standard laid down by the International Civil Aviation Organisation and to extend the application of visual signals to include Danger Areas; the reference to signals requiring an aircraft to land following an unau thorised penetration of a Restricted or Prohibited Area is deleted. (Schedule 13).

(62) Schedule 14 which sets out the Air Navigation (General) Regulations has been amended and a notional male passenger weight of 83 kg. is introduced for helicopters based in the Territory involved in support of or in connection with the offshore exploitation of or explora tion for mineral resources (including gas) (regulation 1(2)). The maxi mum semi-width of the obstacle clearance area after take-off is reduced from 1500 to 900 metres (regulation 9(3)(b)(ii), 5(9)(b)(ii) and 8(ii) and (iii)(b)(ii)). Any twin-engined public transport aeroplane in performance Group A of more than 5700 kg. certificated to carry 20 or more passen gers, shall at no time during a flight be more than 60 minutes flying time at its one engine inoperative cruise speed from the nearest suitable alternate aerodrome, unless it is flying in accordance with the terms of a written permission from the Governor and any twin engined public transport aircraft in performance Group A of less than 5700 kg. or cer tificated to carry less than 20 passengers shall at no time during a flight be more than 90 minutes flying time at its one engine inoperative cruise speed from the nearest suitable alternate aerodrome (regulation 4(5)).

It is made clear that the proviso to regulation 4(7)(a) Schedule 14 applies only to sub-paragraph (ii) of that regulation so that the land ing distance required must not exceed the distance available on the runway most suitable for landing in still air conditions at both the aero drome of destination and any alternative aerodrome. The boundary of the airspace in which minimum navigation performance requirements apply is amended to include airspace in the New York Oceanic Control Area to the Western Boundary north of 3830'N and the Reykjavik Oce anic Control Area to the North Pole (regulation 17(2)).

(63) Helicopters flying for the purpose of public transport must comply with the specified weight and performance requirements. (Schedule 14, regulations 9 to 11). A helicopter designated as being in performance Group A may comply with the requirements for a helicop ter designated as being in performance Group A (Restricted) if its weight is less than 5700 kg and the number of passengers carried does not ex ceed 15 and a helicopter designated as being in performance Group A or A (Restricted) may comply with the requirements for a helicopter desig nated as being in performance Group B if its weight is less than 2730 kg and the number of passengers carried does not exceed 9. (Article 29(7)).

(64) Schedule 14 has been further amended to remove the pro visions relating to radio navigational equipment; instead, simplified re quirements are contained in Schedule 5.

Bermuda Consolidated Legislation

Air Navigation (Overseas Territories) Order 1989