{
  "url": "https://openlegislation.uk/air-navigation-overseas-territories-order-2013/article-104",
  "json_url": "https://openlegislation.uk/air-navigation-overseas-territories-order-2013/article-104.json",
  "legislation": "uksi/2013/2870",
  "legislation_title": "The Air Navigation (Overseas Territories) Order 2013",
  "legislation_url": "https://openlegislation.uk/air-navigation-overseas-territories-order-2013",
  "path": "article/104",
  "kind": "article",
  "number": "104",
  "heading": "Commercial air transport aircraft registered in the Territory – aerodrome-operating minima",
  "text": "(1) This article applies to commercial air transport aircraft registered in the Territory.\n(2) An aircraft to which this article applies must not conduct a Category II operation, an Other than Standard Category II operation or an approach and landing using minima lower than those for a Category II operation unless—\n(a) the aircraft is certificated for operations with decision heights below 200 feet, or no decision height, and is equipped for such operations; and\n(b) the operation is conducted under and in accordance with the terms of an approval issued by the Governor.\n(3) An aircraft to which this article applies must not—\n(a) take off when the relevant runway visual range is less than the specified runway visual range; or\n(b) conduct an approach and landing when the visibility or relevant runway visual range is less than that specified for a Category I operation;\nexcept under and in accordance with the terms of an approval so to do issued by the Governor.\n(4) The operator of every aircraft to which this article applies must establish and include in the operations manual relating to the aircraft the particulars of the aerodrome operating minima (in this article called “the particulars”) appropriate to every aerodrome of intended departure or landing and every alternate aerodrome.\n(5) In relation to any flight where an operations manual is not required under article 96, or it is not practicable to include the particulars in the operations manual, the operator of the aircraft must, prior to the commencement of the flight, cause to be provided in writing to the pilot-in-command of the aircraft the particulars calculated in accordance with the required data and instructions (as defined in paragraph (6) of this article) and the operator shall cause a copy of the particulars to be retained outside the aircraft for a minimum period of three months.\n(6) The operator of every aircraft to which this article applies for which an operations manual is required by this Order, must include in that operations manual such data and instructions (in this article called “the required data and instructions”) as will enable the pilot-in-command of the aircraft to calculate the aerodrome operating minima appropriate to aerodromes the use of which cannot reasonably have been foreseen by the operator prior to the commencement of the flight.\n(7) The operator of every such aircraft to which this article applies for which an operations manual is not required must, prior to the commencement of the flight, cause to be provided in writing to the pilot-in-command of the aircraft the required data and instructions; and the operator must cause a copy of the required data and instructions to be retained outside the aircraft for a minimum period of three months.\n(8) The specified aerodrome operating minima must not permit a landing or take-off in circumstances where the relevant aerodrome operating minima declared by the competent authority would prohibit it, unless that authority otherwise permits in writing.\n(9) In establishing aerodrome-operating minima for the purposes of this article the operator of the aircraft must take into account the following matters—\n(a) the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness;\n(b) the composition of its crew;\n(c) the physical characteristics of the relevant aerodrome and its surroundings;\n(d) the dimensions of the runways which may be selected for use; and\n(e) whether or not there are in use at the relevant aerodrome any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids;\nand must establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which can reasonably be expected.\n(10) An aircraft to which this article applies must not commence a flight at a time when—\n(a) the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minimum specified for take-off; or\n(b) according to the information available to the pilot-in-command of the aircraft it would not be able without contravening paragraphs (11) or (12), to land at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.\n(11) An aircraft to which article 96 of this Order applies, when making a descent to an aerodrome, must not descend from a height of 1000 feet or more above the aerodrome to a height less than 1000 feet above the aerodrome if the reported visibility or relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.\n(12) An aircraft to which this article applies, when making a descent to an aerodrome, must not—\n(a) continue an approach to landing at any aerodrome by flying below the relevant specified decision height; or\n(b) descend below the relevant specified minimum descent height;\nunless in either case from such height the specified visual reference for landing is established and is maintained.\n(13) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot-in-command of the aircraft must select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.\n(14) In this article “specified” in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or provided in writing to the pilot-in-command of the aircraft by the operator in accordance with paragraph (5).\n(15) In this article “Category I operation”, “Category II operation” and “Other than Standard Category II operation” have the same meaning as in article 105(9).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 104 in force at 1.1.2014, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2870/article/104",
    "retrieved_at": "2026-10-29T00:35:08.016872+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}