The Air Navigation (Overseas Territories) Order 2013
S.I. 2013/2870 · Made 6 November 2013 · Extends to United Kingdom
Civil Aviation
Made 6th November 2013
Laid before Parliament 13th November 2013
Coming into force 1st January 2014
At the Court at Buckingham Palace, the 6th day of November 2013
Present
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 8, 41, 57, 58, 59 and 61 of the Civil Aviation Act 1949f1, as extended to certain territories by the Civil Aviation Act 1949 (Overseas Territories) Order 1969f2, and section 61 of the Civil Aviation Act 1982f3, as extended to certain territories by the Civil Aviation Act 1982 (Overseas Territories) (No. 2) Order 2001f4, is pleased, by and with the advice of Her Privy Council, to order as follows.
Annotations to the whole text
Footnotes
- f1
-
1949 c. 67.Although these provisions of Civil Aviation Act 1949 were repealed by the Civil Aviation Act 1982, by virtue of section 17(2) of the Interpretation Act 1978 the powers in the Civil Aviation Act 1949 which were re-enacted in the Civil Aviation Act 1982 can continue to be relied upon for the purposes of making this Order.
- f2
-
S.I. 1969/592 as amended by S.I. 2001/1452 and S.I. 2011/2979. There are other amendments but none relevant to this Order.
- f3
-
1982 c. 16. Section 61 has been amended by section 2 of the Aviation (Offences) Act 2003 (c. 19) and section 83(5) of, and part II of Schedule 6 to, the Airports Act 1986 (c. 31).
- f4
-
S.I. 2001/3367 as amended by S.I. 2011/2979. There are other amendments but none relevant to this Order.
Contents
- 1Citation and Commencement
- 2Revocation
- 3Interpretation
- Part 1: POWERS AND DUTIES
- 4Regulations by the Governor
- 5Publication of requirements
- 6Designation by the Governor
- 7Arrangements for giving effect to the Convention on International Civil Aviation
- 8Power to prevent aircraft flying
- 9Right of access to aerodromes and other places
- 10Exemption from the Order
- 11Revocation, suspension and variation of certificates, licences and other documents
- 12Revocation, suspension and variation of permissions, etc. granted under article 135 or article 137
- 13Review by the Governor
- Part 2: REGISTRATION AND MARKING OF AIRCRAFT
- 14Aircraft to be registered
- 15Registration of aircraft in the Territory
- 16Qualifications for registration
- 17Application for registration
- 18Changes to register
- 19General provisions
- 20Aircraft subject to a mortgage
- 20AAircraft subject to an international interest
- 21Provision of information
- 22Nationality and registration marks
- Part 3: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
- 23Type Acceptance Certificate
- 24Certificate of airworthiness to be in force
- 25Issue, renewal and validity of certificate of airworthiness
- 26Continued airworthiness
- 27Certificate of airworthiness ceasing to be in force
- 28Issue, re-issue etc of permit to fly and special flight permit
- 29Permit to fly or special flight permit ceasing to be in force
- 30Aircraft records
- 31Completion and retention of records
- 32Requirement for a certificate of release to service
- 33Licensing and authorisations of maintenance engineers
- 34Maintenance approval
- 35Equipment of aircraft
- 36Radio equipment of aircraft
- 37Minimum equipment requirements
- 38Aircraft weight schedule
- 39Inspection for airworthiness purposes
- 39AAirworthiness directive
- Part 4: AIRCRAFT CREW AND LICENSING
- 40Composition of crew of aircraft
- 41Pilots required on commercial air transport flights
- 42Required cabin crew of aircraft
- 43Power to direct additional crew to be carried
- 44Members of flight crew - requirement for licence
- 45Requirement for appropriate licence – non-Territory registered aircraft
- 46Flight crew licence requirements – exception to act as flight radiotelephony operator
- 47Flight crew licence requirements – exception for solo flying training
- 48Flight crew licence requirements – exception for dual flying training
- 49Flight crew licence requirement – exception for flight engineers
- 50Flight crew licence – exception for members of HM Forces
- 51Grant, renewal and effect of flight crew licences
- 52Maintenance of privileges of aircraft ratings in licences
- 53Maintenance of privileges of other ratings in licences
- 54Medical requirements for licence holders
- 55Licence holder not to act as member of flight crew when unfit
- 56Miscellaneous licensing provisions
- 57Validation of licences
- 58Personal flying logbook
- 59Instruction in flying
- 60Glider pilot-minimum age
- Part 5: PROTECTION OF CREW
- 61Application and interpretation of Part 5
- 62Fatigue of crew - operator’s responsibilities
- 63Fatigue of crew - responsibilities of crew
- 64Flight times - responsibilities of flight crew
- 65Protection of aircrew from cosmic radiation
- 66Keeping and production of records of exposure to cosmic radiation
- Part 6: AIRCRAFT IN FLIGHT
- 67Rules of the Air
- 68Power to prohibit or restrict flying
- 69Flying Displays
- 70Balloons
- 71Gliders, kites and parascending parachutes
- 72Airships
- 73Regulation of small unmanned aircraft
- 73ARegulation of large unmanned aircraft
- Part 7: OPERATION OF AIRCRAFT
- 74Operation of aircraft
- 75Non-commercial air transport aircraft – aerodrome operating minima
- 76Pilot to remain at controls
- 77Wearing of survival suits by crew
- 78Pre-flight action by pilot-in-command of an aircraft
- 79Passenger briefing by pilot-in-command
- 80Survival equipment - non-commercial air transport flights
- 81Use of oxygen - non-commercial air transport flights
- 82Operation of radio in aircraft
- 83Use of airborne collision avoidance system
- 84Use of flight recording systems and preservation of records
- 85Duties of pilot-in-command – search and rescue
- 86Method of carriage of persons
- 87Exits – commercial air transport aircraft
- 88Marking of break-in areas
- Part 8: HEIGHT KEEPING AND NAVIGATION
- 89Area navigation and required navigation performance capabilities – aircraft registered in the Territory
- 90Area navigation and required navigation performance capabilities – aircraft not registered in the Territory
- 91Minimum navigation performance
- 92Height keeping performance - aircraft registered in the Territory
- 93Height keeping performance - aircraft not registered in the Territory
- Part 9: AIR OPERATOR CERTIFICATION
- 94Issue of air operator’s certificate
- 95Police air operations
- 96Operations manual
- 97Training programme
- 98Flight data monitoring
- Part 10: COMMERCIAL AIR TRANSPORT OPERATIONS
- 99Operator’s responsibilities
- 100Loading - commercial air transport aircraft and suspended loads
- 101Aeroplane operating conditions and performance requirements
- 102Helicopters - operating conditions and performance requirements
- 103Commercial air transport operations at night or in instrument meteorological conditions by single engine aeroplanes
- 104Commercial air transport aircraft registered in the Territory – aerodrome-operating minima
- 105Commercial air transport aircraft not registered in the Territory – aerodrome-operating minima
- 106Carriage of passengers - additional duties of pilot-in-command
- Part 11: CARRIAGE OF WEAPONS AND MUNITIONS OF WAR
- 107Carriage of weapons and of munitions of war
- 108Exceptions concerning carriage of weapons and munitions of war
- 109Definitions
- Part 12: CARRIAGE OF DANGEROUS GOODS
- 110Requirements for the carriage of dangerous goods
- 111Prohibition on carriage of dangerous goods
- 112Operator’s obligations
- 113Acceptance of dangerous goods by the operator
- 114Method of loading by the operator
- 115Inspections by the operator for damage, leakage or contamination
- 116Shipper’s responsibilities
- 117Pilot-in-command’s responsibilities
- 118Provision of training by operators and shippers
- 118ADesignated postal operators
- 119Provision of information to passengers
- 120Provision of information in respect of cargo
- 121Keeping of documents and records
- 122Preservation of documents and records
- 123Enforcement powers
- 124Dangerous goods occurrence reporting
- 125Definitions and interpretation
- Part 13: AERIAL WORK AND SPECIALISED OPERATIONS
- 126Aerial work
- 127Aerial work operations
- 128Aerial application permission for purposes of agriculture etc
- 129Towing, picking up, raising and lowering of persons, animals and articles
- 130Dropping of articles and animals
- 131Dropping of persons
- Part 14: GENERAL AVIATION
- 132Application and interpretation
- 133Requirement for Approval
- 134Issue and conditions of Approval
- Part 15: FOREIGN AIRCRAFT OPERATIONS
- 135Restriction with respect to carriage for valuable consideration in aircraft registered outside the Territory
- 136Filing and approval of tariffs
- 137Restriction on aerial photography, aerial survey and aerial work in aircraft registered outside the Territory
- Part 16: AIR TRAFFIC SERVICES
- 138Requirement for ... approval for the provision of air traffic services
- 139Duty of person in charge to satisfy himself as to competence of controllers
- 139AFatigue of air traffic controllers – air traffic control service provider’s responsibilities
- 140Manual of Air Traffic Services
- 141Provision of air traffic services
- 142Use of radio call signs at aerodromes
- Part 17: LICENSING OF AIR TRAFFIC CONTROLLERS
- 143Prohibition of unlicensed air traffic controllers and student air traffic controllers
- 144Licensing of air traffic controllers and student air traffic controllers
- 145Approval of courses and persons
- 146Requirement for medical certificate
- 147Incapacity of air traffic controllers
- 148Prohibition of use of psychoactive substances
- 149Fatigue of air traffic controllers - air traffic controller’s responsibilities
- 150Prohibition of unlicensed flight information service officers
- 151Licensing of flight information service officers
- 152Flight information service manual
- Part 18: AERONAUTICAL TELECOMMUNICATIONS SERVICE
- 153Aeronautical telecommunications service
- 154Aeronautical telecommunication service records
- 154AAeronautical telecommunications service security programme
- Part 19: AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS
- 155Certification of aerodromes
- 156Use of aerodromes and operating sites
- 157Instrument flight procedures
- 158Charges at aerodromes certificated or licensed for public use
- 159Use of aerodromes by aircraft of Contracting States
- 160Noise and vibration caused by aircraft on aerodromes
- 161Customs and Excise airports
- 162Aviation fuel at aerodromes
- 163Aeronautical lights
- 164Lighting of en-route obstacles
- 165Dangerous lights
- Part 19A: Aviation Security
- 165AAviation security requirements
- 165BPsychoactive substances
- Part 20: DOCUMENTS AND RECORDS
- 166Journey Log
- 167Documents to be carried
- 168Production of documents and records
- 169Production of aeronautical telecommunication service documents and records
- 170Power to inspect and copy documents and records
- 171Preservation of documents, etc
- 172Validity of certificates, licences, authorisations, approvals and permissions
- 173Offences in relation to documents and records
- Part 21: OCCURRENCE REPORTING
- 174Mandatory occurrence reporting
- 175Mandatory reporting of wildlife strikes
- 175AData monitoring and safety management
- Part 22: PROHIBITED BEHAVIOUR, OFFENCES AND PENALTIES
- 176Endangering safety of aircraft
- 177Endangering safety of any person or property
- 178Prohibition of use of psychoactive substances
- 179Smoking in aircraft
- 180Authority of pilot-in-command and members of the crew of an aircraft
- 181Acting in a disruptive manner
- 182Obstruction of persons
- 183Enforcement of directions
- 184Stowaways
- 185Offences and penalties
- Part 23: APPLICABILITY AND GENERAL PROVISIONS
- 186Flights over any foreign country
- 187Application of Order
- 187AApplication of certain provisions of this Order to Anguilla
- 188Extra-territorial effect of the Order
- 189Application of the Order to Territory-controlled aircraft not registered in the Territory
- 189AApplication of the Order to an aircraft the subject of an article 83 bis agreement
- 190Application of the Order to the Crown and visiting forces etc.
- 191Exceptions for certain classes of aircraft
- 192Approval for persons to furnish reports
- 193Appeal to Supreme Court
- 194Saving
- Part 24: INTERPRETATION OF COMMERCIAL AIR TRANSPORT
- 195Commercial air transport – general rules
- 196Commercial air transport – exception for flying displays etc.
- 197Commercial air transport – exception for charity flights
- 198Commercial air transport – exception for cost sharing
- 199Commercial air transport – exception for recovery of direct costs
- 200Commercial air transport – exception for jointly owned aircraft
- 201Commercial air transport and aerial work – carriage of persons
- 202Commercial air transport and aerial work – parachuting
- Signature
- Schedule 1ORDERS REVOKED
- Schedule 2CLASSIFICATION OF AIRCRAFT
- Schedule 3: LICENCES
- MINIMUM AGE, PERIOD OF VALIDITY, PRIVILEGESAEROPLANE PILOTS
- HELICOPTER AND GYROPLANE PILOTS
- BALLOON AND AIRSHIP PILOTS
- GLIDER PILOTS
- OTHER FLIGHT CREW
- Schedule 4: RULES OF THE AIR
- INTERPRETATION
- 1Interpretation
- GENERAL
- 2Application of Rules to aircraft
- 2AProtection of persons and property
- 3Misuse of signals and markings
- 4Reporting hazardous conditions
- LOW FLYING RULE
- 5Low flying prohibitions
- 6Exemptions from the low flying prohibitions
- GENERAL FLIGHT RULES
- 7Weather reports and forecasts
- 8Avoiding aerial collisions
- 9Converging
- 10Approaching head-on
- 11Overtaking
- 11AWater operations
- 12Flight in the vicinity of an aerodrome
- 13Order of landing
- 14Landing and take-off
- 15Aerobatic manoeuvres
- 16Right-hand traffic rule
- 17Notification of arrival and departure
- 18Flight in Class A airspace
- 19Flight in Class C Airspace
- 20Choice of VFR or IFR
- 21Speed limitations
- 22Use of radio navigation aids
- 23Simulated instrument flight
- 24Practice instrument approaches
- VISUAL FLIGHT RULES
- 25Applicability of the Visual Flight Rules
- 26Reported visibility
- 27Flight within controlled airspace
- 28Flight outside controlled airspace
- 28AVisual Flight Rules at night
- 29VFR flight plan and air traffic control clearance in Class B, Class C or Class D airspace
- 30Maintaining continuous watch and complying with air traffic control instructions
- 31Exceptions to rules 29 and 30
- INSTRUMENT FLIGHT RULES
- 32Instrument Flight Rules
- 33Minimum height
- 34... semi-circular rule
- 35Flight plan and air traffic control clearance
- 36Compliance with air traffic control clearance and notified procedures
- 37Position reports
- 37ACo-ordinated Universal Time, time checks and time accuracy
- ACTS OF UNLAWFUL INTERFERENCE AND INTERCEPTION
- 37BDuties of pilot-in-command
- 37CInterception
- AERODROME TRAFFIC RULES
- 38Application of aerodrome traffic rules
- 39Visual signals
- 40Movement of aircraft on aerodromes
- 41Access to and movement of persons and vehicles on aerodromes
- 42Right of way on the ground
- 43Action to be taken in case of danger of collision on the ground
- 44Launching, picking up and dropping of tow ropes, etc.
- 45Flights within aerodrome traffic zones
- LIGHTS AND OTHER SIGNALS TO BE SHOWN OR MADE BY AIRCRAFT
- 46General
- 47Display of lights by aircraft
- 48Failure of navigation and anti-collision lights
- 49Flying machines at night
- 50Gliders at night
- 51Free balloons at night
- 52Captive balloons and kites at night
- 53Captive balloons and kites by day
- 54Airships at night
- 55Airships by day
- 56Signals in the signal area
- 57Markings for paved runways and taxiways
- 58Markings on unpaved manoeuvring areas
- 59Signals visible from the ground
- 60Lights and pyrotechnic signals for control of aerodrome traffic
- 61Marshalling signals (from a marshaller to an aircraft)
- 61AEmergency signals by firemen and marshallers to aircraft on or off the ground
- 61BRequirements for marshallers
- 62Marshalling signals (from a pilot of an aircraft to a marshaller)
- 63Distress, urgency and safety signals
- Schedule 5: PENALTIES
- AProvisions Referred to in Article 185(5)
- BProvisions Referred to in Article 185(6)
- Schedule 6TERRITORIES TO WHICH THIS ORDER APPLIES
- Schedule 7: Application of Article 185 to particular Territories
- 1Paragraph 1
- Explanatory note