The Air Navigation (Overseas Territories) (Amendment) Order 2004
This Order further amends the Air Navigation (Overseas Territories) Order 2001 (referred to below as “the Order”), In addition to minor and drafting amendments the following changes are made:In article 4 of the Order there are references to a “charter” and other references to a “charter by demise”. These are intended to refer to the same thing. For consistency “charter by demise” is now used throughout (article 3).The manner in which the Governor may issue a permit to fly or issue a certificate of validation in respect of a permit to fly issued by another state is specified. The Governor shall refuse to issue a permit to fly in respect of an aircraft if it appears that the aircraft is eligible for the issue of a certificate of airworthiness. An aircraft with a permit to fly shall not fly for the purpose of public transport or aerial work other than aerial work connected with flying displays and demonstration flights. No persons may be carried during flying display or demonstration flight other than minimum flight crew except with the permission of the Governor. With the permission of the Governor an aircraft with a permit may fly for the purpose of aerial work which consists of the giving of instruction or flying or the conduct of flying tests within a club environment. A permit to fly shall cease to be in force until the completion of an inspection, modification or maintenance mandated by the Governor. A permit aircraft must have a placard visible to its occupants stating that the aircraft has not been certificated to an international requirement. A permit aircraft may fly only by day and in accordance with the visual flight rules unless the prior permission of the Governor has been obtained (article 4).The internationally used term “cabin crew” is adopted in place of “cabin attendants” (article 5).A public transport operator must include in his operations manual information and instructions concerning its accident prevention and flight safety programme with effect from 1st July 2005. The operator of an aircraft registered in the Territory with a maximum total weight authorised of more than 27,000 kg flying for the purpose of public transport must have a flight data monitoring programme as part of its accident prevention and flight safety programme (article 6).A single engined aircraft flying for the purpose of public transport may not fly unless minimum weather requirements prescribed for the aerodrome of departure, the aerodrome of intended landing or any alternate aerodrome are all satisfied or are forecast to be satisfied at the relevant time (article 7).A non-public transport aircraft may not land or take off in low visibility unless approved to do so by its State of registry. If it appears that it will encounter low visibility at its intended destination the commander of the aircraft must, before taking off, select an alternate aerodrome (article 8).Exit and break-in marking requirements apply to public transport aeroplanes and helicopters registered in the Territory. Every exit from such an aeroplane or helicopter must be appropriately marked in red letters, with instructions for opening which shall be in red. If areas of the fuselage of an aeroplane or helicopter suitable for break-in by rescue crews in emergency are marked, such areas must be marked in accordance with specified requirements (article 9).The Governor or an authorised person may require production of any documents and records relating to approved air traffic service equipment (article 10).An air traffic control approval granted by the Governor is required by a person in order to provide an air traffic control service, which may be granted subject to such conditions as the Governor thinks fit and shall remain in force for the period specified in it (article 12). The holder of an air traffic control approval must ensure that no person shall act as an air traffic controller or as a student air traffic controller unless that person holds an appropriate licence and is competent to perform his duties (article 13).Air traffic service equipment is defined to mean ground based equipment including an aeronautical radio station, used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground. Such equipment may not be established or used unless the Governor has approved its intended purpose, the competence of the person in charge and the equipment. Records must be kept in relation to such equipment and associated recording apparatus in accordance with specified requirements which are set out in a new Schedule 19. If required recording apparatus becomes unserviceable, the person in charge of the air traffic service equipment must render it serviceable again as soon as reasonably practicable (article 15).The person in charge of an obstacle which is 150 metres or more above ground level and which is not in the vicinity of a licensed aerodrome must ensure that it is fitted with lights which are displayed at night (article 16).The commander of an aircraft must report to the Governor any birdstrike occurrence which occurs whilst the aircraft is in flight within the Territory (article 17).Article 118 of the Order provides that if it appears to the Governor or an authorised person that an aircraft is intended or likely to be flown where any one of a number of specified provisions would be contravened, the aircraft may be detained. There is now included in the list of specified provisions article 65(2). Article 65(2) of the Order prohibits a member of the crew of an aircraft being on board whilst under the influence of alcohol or a drug (article 18).The Governor and authorised persons have the right of access to any building or place from which an air traffic control service is being provided or where any approved air traffic service equipment is situated (article 19).The definition of a microlight aeroplane is revised. It includes single seat land planes weighing not more than 300 kg and two seat land planes weighing not more than 450 kg which meet specified wing loading or stalling speed requirements (article 21).An aircraft may fly in accordance with A Conditions if it is of a design which has previously been approved by the Governor or by an organisation approved for that purpose by the Governor as being compliant with a standard accepted by the Governor for the issue of a Territory certificate of airworthiness (article 23).Terrain Awareness and Warning Systems (TAWS) are categorised as Class A or Class B. Territory registered turbine jet and turbine propeller aeroplanes, with: (a) a maximum total weight authorised exceeding 5,700kg, or (b) certified to carry more than nine passengers which are not flying for the purposes of public transport, may be equipped with the simplified TAWS Class B equipment instead of TAWS Class A (article 24).The compliance date for aeroplanes without Ground Proximity Warning Systems (GPWS) will be 1 January 2005. Aircraft with GPWS installed before 1 April 2000 will be required to have TAWS equipment fitted by 1 January 2007 (article 24).All aircraft flying within the Territory for the purpose of public transport and all aircraft registered in the Territory flying for the purpose of public transport wherever they are, are required to be fitted with secondary surveillance radar equipment which includes a pressure altitude reporting transponder by 1st January 2006 (article 25).The holder of an approach radar control rating at an aerodrome may provide an approach control service to aircraft flying more than 40 nautical miles away (article 26).An offence is created in relation to breaches of Article 88A under Part A of Schedule 12 of the Order (Article 27).Schedule 13 (The Rules of the Air Regulations) is amended by requiring an aircraft commander to fly in conformity with any notified instrument departure procedures (article 28).A number of amendments are made to Schedule 14 to reflect the amendments made to article 37 of the Order (relating to single engined aircraft flying for the purpose of public transport), changes to the North Atlantic minimum navigation performance specification airspace and the introduction of mandatory reporting of birdstrikes (article 29).Schedule 15 (The Air Navigation (Dangerous Goods) Regulations) is replaced by a new Schedule, containing new Regulations (article 30). In addition to minor drafting amendments, the following changes are made:Definitions are introduced for “acceptance check list”, “cargo aircraft”, “dangerous goods accident”, “dangerous goods incident”, “freight container”, “handling agent”, “ID number”, “non-Territory operator”, “overpack”, “package”, “packaging”, “proper shipping name”, “serious injury”, “UN number”, “unit load device”, and “Territory operator” (regulation 1).An approval required under the Regulations shall be granted where the Governor is satisfied that the aircraft operator is competent to carry dangerous goods safely (regulation 2).Requirements are introduced for the operator of an aircraft carrying dangerous goods. In particular, regulation 4(3) requires such an operator to notify the Governor of any dangerous goods carried on an aircraft which is involved in an accident or incident (regulations 4-8).The shipper is required to obtain any necessary approvals for the carriage of certain types of dangerous goods by air (regulation 9(b)).The commander of an aircraft carrying dangerous goods as cargo must, in the event of an in-flight emergency, provide information to the appropriate air traffic services unit about those dangerous goods (regulation 10).Comprehensive requirements are introduced for the training of staff concerned with the carriage of dangerous goods by air. Obligations are placed on shippers and their agents, Territory operators and their agents and on agents for non-Territory operators. The approval of the Governor is required for specified training programmes and training instructors (regulation 11).In addition to the operator of an aircraft flying for the purpose of public transport of passengers, an airport operator and a person who sells flight accommodation must ensure that persons who are or who may become passengers on such a flight are warned as to the types of dangerous goods which they are forbidden to carry (regulation 12).The operator of an aircraft in which cargo is to be carried and any agent of such an operator must ensure that notices giving information about the carriage of dangerous goods are displayed where cargo is accepted for carriage (regulation 13).A copy of the dangerous goods transport document and the written information required to be supplied to the commander must be retained by the aircraft operator (regulation 14(1)).The aircraft operator, shipper and any agent of either must produce to an authorised person documents relating to the carriage of goods which may be dangerous goods (regulation 15(2)).A dangerous goods accident, dangerous goods incident or a finding of undeclared or misdeclared dangerous goods must be reported to the Governor where it occurs on a flight operated by a Territory operator or on a flight within the Territory operated by a non-Territory operator. A report need not be made under this provision if it has been reported under the Mandatory Occurrence Reporting Scheme established by Article 117 of the Order (regulation 17).A new Schedule 19 (records to be kept pursuant to article 105) is added (article 31).