The Air Navigation (Overseas Territories) (Amendment) Order 1995
This Order further amends the Air Navigation (Overseas Territories) Order 1989 as amended by the Air Navigation (Overseas Territories) (Amendment) Order 1991, the Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 1991 and the Air Navigation (Overseas Territories) (Amendment) Order 1992. Many of the amendments effected by this Order are made in order to reflect changes made to the law applicable to the United Kingdom. In addition to minor and drafting amendments the following changes are made—The scope of the requirement to make available and keep up to date an Operations Manual is extended so as to include aircraft of a maximum total weight authorised of 2730 kg or less (Article 25 (1)).The requirement to establish and comply with aerodrome operating minima is extended to all public transport aircraft registered in the Territory whether or not an Operations Manual is required for such aircraft. A means of calculating and recording appropriate aerodrome operating minima is to be provided for public transport aircraft which are not required to have an Operations Manual (Article 30(1)).For the avoidance of doubt, the circumstances in which the Secretary of State may exercise his power to revoke, suspend or vary certain permits is extended to include the circumstances in which unfair, discriminatory or restrictive practices have prejudiced the holder of a route licence granted under section 65 of the Civil Aviation Act 1982 (Article 62A(4)(c)).The holder of an Air Traffic Controllers Licence is prohibited from acting as an Air Traffic Controller when suffering from fatigue (Article 66A).The holder of, or applicant for, an aerodrome licence, must submit to the Governor an Aerodrome Manual which contains specified information and must make available relevant parts of the Manual to aerodrome operating staff and take reasonable steps to ensure that the provisions of the Manual are complied with. He must take all reasonable steps to ensure that the aerodrome and its airspace are safe for use by aircraft. He must keep the aerodrome Manual up to date, must furnish any amendments to the Governor, and must make any amendments required by the Governor (Article 73).Air traffic engineers are required to submit reports of reportable occurrences (Article 86).Pilots of aircraft flying for the purposes of public transport are required to undergo tests of proficiency in using instrument approach-to-land systems only if intended by the operator to fly as a pilot in circumstances requiring compliance with the Instrument Flight Rules (Schedule 10 Part B).Permission granted by the Governor allowing an aircraft not to carry the flight manual referred to in its Certificate of Airworthiness may be granted subject to such conditions as the Governor thinks fit (Schedule 11).Schedule 13, which sets out the Rules of the Air, and has been amended in the following major respects: an aircraft flying on a route notified for the purposes of Rule 5(2)(a) or on a special VFR flight must nevertheless comply with Rules 5(1)(a)(ii) and (1)(c) if it is landing or taking off (Rule 5(2)(a)); an aircraft may fly in accordance with the visual Flight Rules within class C, D or E airspace at or below 3,000 feet above mean sea level if, in the case of a helicopter, it remains clear of cloud and in sight of the surface and, in the case of any other aircraft, it flies at 140 knots or less and remains clear of cloud in sight of the surface and in a flight visibility of at least 5 kilometres (Rule 23); new markings are introduced to identify taxi-holding positions (Rule 39); there are no longer specified projectile warning signals to indicate that an aircraft is flying in or near any active danger area or prohibited airspace (Rule 46).Schedule 14, which sets out the Air and Navigation (General) Regulations, has been amended so that Performance Group B public transport aeroplanes are brought within the weight and performance requirements for Performance Group A aeroplanes (Regulation 4) and weight and performance requirements for Performance Group F aeroplanes are introduced (Regulation 7A).Schedule 15, which sets out the Air Navigation (Dangerous Goods) Regulations, is amended in the following major respects: the definition of “Technical Instructions” has been updated to refer to the latest English language edition which took effect on 1 January 1995 (Regulation 1(2)); a person who causes dangerous goods to be carried by air is required to comply with the Technical Instructions and to ensure that the package is in a fit condition for carriage by air when he knows or ought to know or suspects that he is dealing with goods which are capable of posing a significant risk to health, safety or property, when carried by air (Regulation 3(2)); a shipper of dangerous goods must furnish the operator of the aircraft with certain additional documents of approval referred to in the Technical Instructions (Regulation 4(3)); an operator must within a reasonable time after being requested to do so by an authorised person produce any documents which relate to dangerous goods in respect of which an authorised person has reasonable grounds to suspect do not comply with the regulations (Regulation 9(e)); an authorised person may examine, seize, retain or detain, and dispose of, any goods, baggage, package or sample taken from any goods, baggage, or package which he has reasonable grounds to suspect may contain goods which do not comply with the provisions of the Regulations (Regulation 10A).