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The Air Navigation (Overseas Territories) Order 2013

S.I. 2013/2870 · Made 6 November 2013 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 10 April 2024.

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1949 c. 67.Although these provisions of Civil Aviation Act 1949 were repealed by the Civil Aviation Act 1982, by virtue of section 17(2) of the Interpretation Act 1978 the powers in the Civil Aviation Act 1949 which were re-enacted in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

  1. 1Citation and Commencement
  2. 2Revocation
  3. 3Interpretation
  4. Part 1: POWERS AND DUTIES
  5. 4Regulations by the Governor
  6. 5Publication of requirements
  7. 6Designation by the Governor
  8. 7Arrangements for giving effect to the Convention on International Civil Aviation
  9. 8Power to prevent aircraft flying
  10. 9Right of access to aerodromes and other places
  11. 10Exemption from the Order
  12. 11Revocation, suspension and variation of certificates, licences and other documents
  13. 12Revocation, suspension and variation of permissions, etc. granted under article 135 or article 137
  14. 13Review by the Governor
  15. Part 2: REGISTRATION AND MARKING OF AIRCRAFT
  16. 14Aircraft to be registered
  17. 15Registration of aircraft in the Territory
  18. 16Qualifications for registration
  19. 17Application for registration
  20. 18Changes to register
  21. 19General provisions
  22. 20Aircraft subject to a mortgage
  23. 20AAircraft subject to an international interest
  24. 21Provision of information
  25. 22Nationality and registration marks
  26. Part 3: AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
  27. 23Type Acceptance Certificate
  28. 24Certificate of airworthiness to be in force
  29. 25Issue, renewal and validity of certificate of airworthiness
  30. 26Continued airworthiness
  31. 27Certificate of airworthiness ceasing to be in force
  32. 28Issue, re-issue etc of permit to fly and special flight permit
  33. 29Permit to fly or special flight permit ceasing to be in force
  34. 30Aircraft records
  35. 31Completion and retention of records
  36. 32Requirement for a certificate of release to service
  37. 33Licensing and authorisations of maintenance engineers
  38. 34Maintenance approval
  39. 35Equipment of aircraft
  40. 36Radio equipment of aircraft
  41. 37Minimum equipment requirements
  42. 38Aircraft weight schedule
  43. 39Inspection for airworthiness purposes
  44. 39AAirworthiness directive
  45. Part 4: AIRCRAFT CREW AND LICENSING
  46. 40Composition of crew of aircraft
  47. 41Pilots required on commercial air transport flights
  48. 42Required cabin crew of aircraft
  49. 43Power to direct additional crew to be carried
  50. 44Members of flight crew - requirement for licence
  51. 45Requirement for appropriate licence – non-Territory registered aircraft
  52. 46Flight crew licence requirements – exception to act as flight radiotelephony operator
  53. 47Flight crew licence requirements – exception for solo flying training
  54. 48Flight crew licence requirements – exception for dual flying training
  55. 49Flight crew licence requirement – exception for flight engineers
  56. 50Flight crew licence – exception for members of HM Forces
  57. 51Grant, renewal and effect of flight crew licences
  58. 52Maintenance of privileges of aircraft ratings in licences
  59. 53Maintenance of privileges of other ratings in licences
  60. 54Medical requirements for licence holders
  61. 55Licence holder not to act as member of flight crew when unfit
  62. 56Miscellaneous licensing provisions
  63. 57Validation of licences
  64. 58Personal flying logbook
  65. 59Instruction in flying
  66. 60Glider pilot-minimum age
  67. Part 5: PROTECTION OF CREW
  68. 61Application and interpretation of Part 5
  69. 62Fatigue of crew - operator’s responsibilities
  70. 63Fatigue of crew - responsibilities of crew
  71. 64Flight times - responsibilities of flight crew
  72. 65Protection of aircrew from cosmic radiation
  73. 66Keeping and production of records of exposure to cosmic radiation
  74. Part 6: AIRCRAFT IN FLIGHT
  75. 67Rules of the Air
  76. 68Power to prohibit or restrict flying
  77. 69Flying Displays
  78. 70Balloons
  79. 71Gliders, kites and parascending parachutes
  80. 72Airships
  81. 73Regulation of small unmanned aircraft
  82. 73ARegulation of large unmanned aircraft
  83. Part 7: OPERATION OF AIRCRAFT
  84. 74Operation of aircraft
  85. 75Non-commercial air transport aircraft – aerodrome operating minima
  86. 76Pilot to remain at controls
  87. 77Wearing of survival suits by crew
  88. 78Pre-flight action by pilot-in-command of an aircraft
  89. 79Passenger briefing by pilot-in-command
  90. 80Survival equipment - non-commercial air transport flights
  91. 81Use of oxygen - non-commercial air transport flights
  92. 82Operation of radio in aircraft
  93. 83Use of airborne collision avoidance system
  94. 84Use of flight recording systems and preservation of records
  95. 85Duties of pilot-in-command – search and rescue
  96. 86Method of carriage of persons
  97. 87Exits – commercial air transport aircraft
  98. 88Marking of break-in areas
  99. Part 8: HEIGHT KEEPING AND NAVIGATION
  100. 89Area navigation and required navigation performance capabilities – aircraft registered in the Territory
  101. 90Area navigation and required navigation performance capabilities – aircraft not registered in the Territory
  102. 91Minimum navigation performance
  103. 92Height keeping performance - aircraft registered in the Territory
  104. 93Height keeping performance - aircraft not registered in the Territory
  105. Part 9: AIR OPERATOR CERTIFICATION
  106. 94Issue of air operator’s certificate
  107. 95Police air operations
  108. 96Operations manual
  109. 97Training programme
  110. 98Flight data monitoring
  111. Part 10: COMMERCIAL AIR TRANSPORT OPERATIONS
  112. 99Operator’s responsibilities
  113. 100Loading - commercial air transport aircraft and suspended loads
  114. 101Aeroplane operating conditions and performance requirements
  115. 102Helicopters - operating conditions and performance requirements
  116. 103Commercial air transport operations at night or in instrument meteorological conditions by single engine aeroplanes
  117. 104Commercial air transport aircraft registered in the Territory – aerodrome-operating minima
  118. 105Commercial air transport aircraft not registered in the Territory – aerodrome-operating minima
  119. 106Carriage of passengers - additional duties of pilot-in-command
  120. Part 11: CARRIAGE OF WEAPONS AND MUNITIONS OF WAR
  121. 107Carriage of weapons and of munitions of war
  122. 108Exceptions concerning carriage of weapons and munitions of war
  123. 109Definitions
  124. Part 12: CARRIAGE OF DANGEROUS GOODS
  125. 110Requirements for the carriage of dangerous goods
  126. 111Prohibition on carriage of dangerous goods
  127. 112Operator’s obligations
  128. 113Acceptance of dangerous goods by the operator
  129. 114Method of loading by the operator
  130. 115Inspections by the operator for damage, leakage or contamination
  131. 116Shipper’s responsibilities
  132. 117Pilot-in-command’s responsibilities
  133. 118Provision of training by operators and shippers
  134. 118ADesignated postal operators
  135. 119Provision of information to passengers
  136. 120Provision of information in respect of cargo
  137. 121Keeping of documents and records
  138. 122Preservation of documents and records
  139. 123Enforcement powers
  140. 124Dangerous goods occurrence reporting
  141. 125Definitions and interpretation
  142. Part 13: AERIAL WORK AND SPECIALISED OPERATIONS
  143. 126Aerial work
  144. 127Aerial work operations
  145. 128Aerial application permission for purposes of agriculture etc
  146. 129Towing, picking up, raising and lowering of persons, animals and articles
  147. 130Dropping of articles and animals
  148. 131Dropping of persons
  149. Part 14: GENERAL AVIATION
  150. 132Application and interpretation
  151. 133Requirement for Approval
  152. 134Issue and conditions of Approval
  153. Part 15: FOREIGN AIRCRAFT OPERATIONS
  154. 135Restriction with respect to carriage for valuable consideration in aircraft registered outside the Territory
  155. 136Filing and approval of tariffs
  156. 137Restriction on aerial photography, aerial survey and aerial work in aircraft registered outside the Territory
  157. Part 16: AIR TRAFFIC SERVICES
  158. 138Requirement for ... approval for the provision of air traffic services
  159. 139Duty of person in charge to satisfy himself as to competence of controllers
  160. 139AFatigue of air traffic controllers – air traffic control service provider’s responsibilities
  161. 140Manual of Air Traffic Services
  162. 141Provision of air traffic services
  163. 142Use of radio call signs at aerodromes
  164. Part 17: LICENSING OF AIR TRAFFIC CONTROLLERS
  165. 143Prohibition of unlicensed air traffic controllers and student air traffic controllers
  166. 144Licensing of air traffic controllers and student air traffic controllers
  167. 145Approval of courses and persons
  168. 146Requirement for medical certificate
  169. 147Incapacity of air traffic controllers
  170. 148Prohibition of use of psychoactive substances
  171. 149Fatigue of air traffic controllers - air traffic controller’s responsibilities
  172. 150Prohibition of unlicensed flight information service officers
  173. 151Licensing of flight information service officers
  174. 152Flight information service manual
  175. Part 18: AERONAUTICAL TELECOMMUNICATIONS SERVICE
  176. 153Aeronautical telecommunications service
  177. 154Aeronautical telecommunication service records
  178. 154AAeronautical telecommunications service security programme
  179. Part 19: AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS
  180. 155Certification of aerodromes
  181. 156Use of aerodromes and operating sites
  182. 157Instrument flight procedures
  183. 158Charges at aerodromes certificated or licensed for public use
  184. 159Use of aerodromes by aircraft of Contracting States
  185. 160Noise and vibration caused by aircraft on aerodromes
  186. 161Customs and Excise airports
  187. 162Aviation fuel at aerodromes
  188. 163Aeronautical lights
  189. 164Lighting of en-route obstacles
  190. 165Dangerous lights
  191. Part 19A: Aviation Security
  192. 165AAviation security requirements
  193. 165BPsychoactive substances
  194. Part 20: DOCUMENTS AND RECORDS
  195. 166Journey Log
  196. 167Documents to be carried
  197. 168Production of documents and records
  198. 169Production of aeronautical telecommunication service documents and records
  199. 170Power to inspect and copy documents and records
  200. 171Preservation of documents, etc
  201. 172Validity of certificates, licences, authorisations, approvals and permissions
  202. 173Offences in relation to documents and records
  203. Part 21: OCCURRENCE REPORTING
  204. 174Mandatory occurrence reporting
  205. 175Mandatory reporting of wildlife strikes
  206. 175AData monitoring and safety management
  207. Part 22: PROHIBITED BEHAVIOUR, OFFENCES AND PENALTIES
  208. 176Endangering safety of aircraft
  209. 177Endangering safety of any person or property
  210. 178Prohibition of use of psychoactive substances
  211. 179Smoking in aircraft
  212. 180Authority of pilot-in-command and members of the crew of an aircraft
  213. 181Acting in a disruptive manner
  214. 182Obstruction of persons
  215. 183Enforcement of directions
  216. 184Stowaways
  217. 185Offences and penalties
  218. Part 23: APPLICABILITY AND GENERAL PROVISIONS
  219. 186Flights over any foreign country
  220. 187Application of Order
  221. 187AApplication of certain provisions of this Order to Anguilla
  222. 188Extra-territorial effect of the Order
  223. 189Application of the Order to Territory-controlled aircraft not registered in the Territory
  224. 189AApplication of the Order to an aircraft the subject of an article 83 bis agreement
  225. 190Application of the Order to the Crown and visiting forces etc.
  226. 191Exceptions for certain classes of aircraft
  227. 192Approval for persons to furnish reports
  228. 193Appeal to Supreme Court
  229. 194Saving
  230. Part 24: INTERPRETATION OF COMMERCIAL AIR TRANSPORT
  231. 195Commercial air transport – general rules
  232. 196Commercial air transport – exception for flying displays etc.
  233. 197Commercial air transport – exception for charity flights
  234. 198Commercial air transport – exception for cost sharing
  235. 199Commercial air transport – exception for recovery of direct costs
  236. 200Commercial air transport – exception for jointly owned aircraft
  237. 201Commercial air transport and aerial work – carriage of persons
  238. 202Commercial air transport and aerial work – parachuting
  239. Signature
  240. Schedule 1ORDERS REVOKED
  241. Schedule 2CLASSIFICATION OF AIRCRAFT
  242. Schedule 3: LICENCES
  243. MINIMUM AGE, PERIOD OF VALIDITY, PRIVILEGESAEROPLANE PILOTS
  244. HELICOPTER AND GYROPLANE PILOTS
  245. BALLOON AND AIRSHIP PILOTS
  246. GLIDER PILOTS
  247. OTHER FLIGHT CREW
  248. Schedule 4: RULES OF THE AIR
  249. INTERPRETATION
  250. 1Interpretation
  251. GENERAL
  252. 2Application of Rules to aircraft
  253. 2AProtection of persons and property
  254. 3Misuse of signals and markings
  255. 4Reporting hazardous conditions
  256. LOW FLYING RULE
  257. 5Low flying prohibitions
  258. 6Exemptions from the low flying prohibitions
  259. GENERAL FLIGHT RULES
  260. 7Weather reports and forecasts
  261. 8Avoiding aerial collisions
  262. 9Converging
  263. 10Approaching head-on
  264. 11Overtaking
  265. 11AWater operations
  266. 12Flight in the vicinity of an aerodrome
  267. 13Order of landing
  268. 14Landing and take-off
  269. 15Aerobatic manoeuvres
  270. 16Right-hand traffic rule
  271. 17Notification of arrival and departure
  272. 18Flight in Class A airspace
  273. 19Flight in Class C Airspace
  274. 20Choice of VFR or IFR
  275. 21Speed limitations
  276. 22Use of radio navigation aids
  277. 23Simulated instrument flight
  278. 24Practice instrument approaches
  279. VISUAL FLIGHT RULES
  280. 25Applicability of the Visual Flight Rules
  281. 26Reported visibility
  282. 27Flight within controlled airspace
  283. 28Flight outside controlled airspace
  284. 28AVisual Flight Rules at night
  285. 29VFR flight plan and air traffic control clearance in Class B, Class C or Class D airspace
  286. 30Maintaining continuous watch and complying with air traffic control instructions
  287. 31Exceptions to rules 29 and 30
  288. INSTRUMENT FLIGHT RULES
  289. 32Instrument Flight Rules
  290. 33Minimum height
  291. 34... semi-circular rule
  292. 35Flight plan and air traffic control clearance
  293. 36Compliance with air traffic control clearance and notified procedures
  294. 37Position reports
  295. 37ACo-ordinated Universal Time, time checks and time accuracy
  296. ACTS OF UNLAWFUL INTERFERENCE AND INTERCEPTION
  297. 37BDuties of pilot-in-command
  298. 37CInterception
  299. AERODROME TRAFFIC RULES
  300. 38Application of aerodrome traffic rules
  301. 39Visual signals
  302. 40Movement of aircraft on aerodromes
  303. 41Access to and movement of persons and vehicles on aerodromes
  304. 42Right of way on the ground
  305. 43Action to be taken in case of danger of collision on the ground
  306. 44Launching, picking up and dropping of tow ropes, etc.
  307. 45Flights within aerodrome traffic zones
  308. LIGHTS AND OTHER SIGNALS TO BE SHOWN OR MADE BY AIRCRAFT
  309. 46General
  310. 47Display of lights by aircraft
  311. 48Failure of navigation and anti-collision lights
  312. 49Flying machines at night
  313. 50Gliders at night
  314. 51Free balloons at night
  315. 52Captive balloons and kites at night
  316. 53Captive balloons and kites by day
  317. 54Airships at night
  318. 55Airships by day
  319. 56Signals in the signal area
  320. 57Markings for paved runways and taxiways
  321. 58Markings on unpaved manoeuvring areas
  322. 59Signals visible from the ground
  323. 60Lights and pyrotechnic signals for control of aerodrome traffic
  324. 61Marshalling signals (from a marshaller to an aircraft)
  325. 61AEmergency signals by firemen and marshallers to aircraft on or off the ground
  326. 61BRequirements for marshallers
  327. 62Marshalling signals (from a pilot of an aircraft to a marshaller)
  328. 63Distress, urgency and safety signals
  329. Schedule 5: PENALTIES
  330. AProvisions Referred to in Article 185(5)
  331. BProvisions Referred to in Article 185(6)
  332. Schedule 6TERRITORIES TO WHICH THIS ORDER APPLIES
  333. Schedule 7: Application of Article 185 to particular Territories
  334. 1Paragraph 1
  335. Explanatory note