The Air Navigation (Overseas Territories) (Amendment) Order 1991
This Order amends the Air Navigation (Overseas Territories) Order 1989. In addition to minor and drafting amendments the following changes are made—A glider, flying for the purpose of aerial work consisting of the giving of instruction in flying or the conduct of flying tests in circumstances where the glider is owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving such instruction or undergoing such test are both members, does not now need to be registered or have a certificate of airworthiness. (Article 3(1) proviso (i)(b) and article 7(1) proviso (a)).The Governor is now required to cancel the registration of an aircraft within two months of being satisfied that there has been a change of ownership thereof. (Article 4(13)).A flight crew licence is no longer required by a member of the crew of a glider flying for the purpose of aerial work which consists of the conducting of flying tests in the same circumstances as outlined in (1) above. (Article 19(8)(b)).With effect from 5th March 1991, no further Senior Commercial Pilot’s Licences (Aeroplanes) will be granted by the Governor except renewals for persons holding such a licence on 4th March 1991. Any such licences which would not otherwise expire on or before 30th November 1995 will be deemed to expire on that date. (Article 20(2)).On flights for the purpose of public transport of passengers by aircraft registered in the Territory capable of seating more than thirty passengers, certain items of accompanied baggage may be carried in the passenger cabin, with the permission of the Governor, secured to seats rather than being stowed in approved stowage spaces. (Article 28(6), article 34(2)(e)(ii)).Specified categories of aircraft registered in the Territory flying for the purpose of public transport of passengers must now be equipped in the passenger compartment with an emergency floor path lighting system able to facilitate the evacuation of the aircraft notwithstanding the failure of any other required emergency lighting system in the passenger compartment. An aircraft commander is now required to familiarise passengers with the position and use of the system when it is required to be fitted. (Article 34(2)(a), Schedule 4 paragraph 4 Table (8)(c) and paragraph 5 Scale Z).Requirements are established with effect from 1st February 1992 for the carriage of flight data recorders and cockpit voice recorders by helicopters and gyroplanes registered in the Territory which have a certificate of airworthiness in the Transport Category. Different requirements are established for specified categories of helicopters and gyroplanes based on their weight and/or passenger carrying capacity. Requirements are also established for the duration and protection of the data which must now be retained. (Article 37(3), (4), (5) and (6), Schedule 4 paragraph 4 Table (10)(d) and Schedule 4 paragraph 5 Scale SS).If hire or reward is given or promised for the purpose of conferring on a member of a flying club the right to fly a glider owned or operated by the flying club it is not now deemed to be a flight for the purpose of public transport for airworthiness purposes. (Article 99(7)(a)(iii)).Apart from certain specified provisions the Order no longer applies to very small aircraft falling below a specified weight limit. (Article 1O1(c)).The Governor may now approve persons as qualified to furnish reports to him and to accept such reports in relation to any of the Governor’s functions under the Order. (Article 102).The privileges of certain categories of pilot’s licence are altered. The previous aircraft weight criterion required to be satisfied before certain licensed pilots were permitted to act as co-pilots or pilots in command is replaced by the criterion of whether or not the relevant aircraft is certificated for single pilot operation. Different time limits are established for the applicability of the altered privileges. The Governor can now permit a person to act as pilot of an aircraft certificated for single pilot operation although that aircraft was not included in that person’s aircraft rating when he was tested for the purposes of certain provisions of the Order. (Schedule 8).An Area Radar Control (Aerodrome) Rating is now introduced entitling the holder of an Air Traffic Controller’s Licence at an aerodrome for which the new rating is valid to provide a radar service for aircraft whether or not they are within forty nautical miles of the aerodrome. (Schedule 9 paragraph 2(7)).