# The Air Navigation (Overseas Territories) Order 1989, Article 64: Rules of the air and air traffic control


(1) Every person and every aircraft shall comply with such of the Rules of the Air and Air Traffic Control contained in Schedule 13 to this Order as may be applicable to that person or aircraft in the circumstances of the case.
(2) Subject to the provisions of paragraph (3) of this Article, it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air and Air Traffic Control.
(3) It shall be lawful for the Rules of the Air and Air Traffic Control to be departed from to the extent necessary—
(a) for avoiding immediate danger; or
(b) for complying with the law of any country other than the Territory within which the aircraft then is; or
(c) for complying with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State in relation to an aircraft of which the commander is acting as such in the course of his duty as a member of Her Majesty’s naval, military or air forces.
(4) If any departure from the Rules of the Air and Air Traffic Control is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within ten days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Governor.
(5) Nothing in the Rules of the Air and Air Traffic Control shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.
(6) The Governor may make rules of the air and air traffic control supplementary to, but not inconsistent with, the Rules of the Air and Air Traffic Control contained in Schedule 13 to this Order.

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Source: https://www.legislation.gov.uk/uksi/1989/2395/article/64 (the official version)
Page: https://openlegislation.uk/air-navigation-overseas-territories-order-1989/article-64
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.