Paragraph 5 Low flying

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch.13 (defns. of Apron and Manoeuvring Area) revoked by Air Navigation (Overseas Territories) 1995 art.2(12)(a) (b)
Sch.13 substituted by Air Navigation (Overseas Territories) 1995 art.2(12)(c)
Sch. 13 amended by Air Navigation (Overseas Territories) 1995 art.2(12)(d)
Sch.13 substituted by Air Navigation (Overseas Territories) 1995 art.2(12)(e)
Sch.13 substituted by Air Navigation (Overseas Territories) 1995 art.2(12)(f)
Sch.13 amended by Air Navigation (Overseas Territories) 1991

(1)

Subject to the provisions of paragraphs (2) and (3) of this Rule:

(a)

An aircraft other than a helicopter shall not fly over any congested area of a city, town or settlement below—

(i)

such height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit and if such an aircraft is towing a banner such height shall be calculated on the basis that the banner shall not be dropped within the congested area; or

(ii)

a height of 1,500 feet above the highest fixed object within 2,000 feet of the aircraft,

whichever is the higher.

(b)

A helicopter shall not fly below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit.

(c)

Except with the permission in writing of the Governor and in accordance with any conditions therein specified a helicopter shall not fly over a congested area of a city, town or settlement below a height of 1,500 feet above the highest fixed object within 2,000 feet of the helicopter.

(d)

An aircraft shall not fly—

(i)

over, or within 3,000 feet of, any assembly in the open air of more than 1,000 persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Governor and in accordance with any conditions therein specified and with the consent in writing of the organisers of the event; or

(ii)

below such height as would enable it to alight clear of the assembly in the event of the failure of a power unit and if such an aircraft is towing a banner such height shall be calculated on the basis that the banner shall not be dropped within 3,000 feet of the assembly:

Provided that, where a person is charged with an offence under this Order by reason of a contravention of this sub-paragraph, it shall be a good defence to prove that the flight of the aircraft over, or within 3,000 feet of, the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly.

(e)

An aircraft shall not fly closer than 500 feet to any person, vessel, vehicle or structure.

(2)

(a)

The provisions of paragraphs (1)(a)(ii) and (1)(c) of this Rule shall not apply to an aircraft flying—

(i)

on a route notified for the purposes of this Rule, or

(ii)

on a special VFR flight as defined in Rule 23 of these Rules in accordance with instructions given for the purposes of that Rule by the appropriate air traffic control unit.

(b)

Paragraphs (1)(d) and (e) of this Rule shall not apply to an aircraft which is being used for police purposes.

(c)

Paragraphs (1)(d) and (e) of this Rule shall not apply to the flight of an aircraft over or within 3,000 feet of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race or contest or an exhibition of flying, if the aircraft is taking part in such race, contest or exhibition or is engaged on a flight arranged by, or made with the consent in writing of, the organisers of the event.

(d)

Paragraph (1)(e) of this Rule shall not apply to—

(i)

any aircraft while it is landing or taking off in accordance with normal aviation practice;

(ii)

any glider while it is hill-soaring;

(iii)

any aircraft while it is flying in accordance with proviso (f)

of Article 40(2) of this Order;

(iv)

any aircraft while it is flying under and in accordance with the terms of an aerial application certificate granted to the operator thereof under Article 42 of this Order.

(v)

any aircraft while it is flying for the purpose of picking up or dropping tow ropes, banners or similar articles at an aerodrome in accordance with article 39(2) or proviso (e) of article 40(2) of this Order.

(3)

Nothing in this Rule shall prohibit an aircraft from flying in such a manner as is necessary for the purpose of saving life.

(4)

Nothing in this Rule shall prohibit any aircraft from flying in accordance with normal aviation practice, for the purpose of taking off from, landing at or practising approaches to landing at, or checking navigational aids or procedures at, a Government aerodrome or a licensed aerodrome in the Territory or at any aerodrome in any other country:

Provided that the practising of approaches to landing shall be confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.

(5)

Nothing in this Rule shall apply to any captive balloon or kite.