Air Navigation (General) Regulations 1970
| Jurisdiction | UK Non-devolved |
1970 No. 1081
CIVIL AVIATION
The Air Navigation (General) Regulations 197023rdJuly 1970
31stJuly 1970
The Board of Trade in exercise of their powers under Articles 9(3), 10(4), 13, 24(2), 25(1)(c), 26(4), 27(1) and (3), 60 and 69 of the Air Navigation Order 1970(a) and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and Operation
1. These Regulations may be cited as the Air Navigation (General) Regulations 1970 and shall come into operation on the 31st July 1970.
Revocation
2.—(1) The following Regulations are hereby revoked, that is to say—
The Air Navigation (General) Regulations 1966(b).
The Air Navigation (General) (Amendment) Regulations 1966(c).
The Air Navigation (General) (Second Amendment) Regulations 1969(d).
(2) Section 38(2) of the Interpretation Act 1889(e) (which relates to the effect of repeals) shall apply to these Regulations as if they were an Act of Parliament and as if the Regulations revoked by paragraph (1) of this Regulation were Acts of Parliament thereby repealed.
Interpretation
3.—(1) In these Regulations "the Order' means the Air Navigation Order 1970.
(2) Expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Order.
(3) The Interpretation Act 1889 applies for the purpose of the interpretation of these Regulations as it applies for the purpose of the interpretation of an Act of Parliament.
(a) S.I. 1970/954 (1970 II, p. 2964).
(b) S.I. 1966/1256 (1966 III, p. 3411).
(c) S.I. 1966/1376 (1966 III, p. 3700).
(d) S.I. 1969/583 (1969 I, p. 1546).
(e) 1889 c. 63.
Load Sheets
4.—(1) Every load sheet required by Article 26(4) of the Order shall contain the following particulars:
(a) the nationality mark of the aircraft to which the load sheet relates, and the registration mark assigned to that aircraft by the Board;
(b) particulars of the flight to which the load sheet relates;
(c) the total weight of the aircraft as loaded for that flight;
(d) the weights of the several items from which the total weight of the aircraft, as so loaded, has been calculated including in particular the weight of the aircraft prepared for service and the respective total weights of the passengers, crew, baggage and cargo intended to be carried on the flight;
(e) the manner in which the load is distributed and the resulting position of the centre of gravity of the aircraft which may be given approximately if and to the extent that the relevant certificate of airworthiness so permits;
and shall include at the foot or end of the load sheet a certificate, signed by the person referred to in Article 26(1) of the Order as responsible for the loading of the aircraft, that the aircraft has been loaded in accordance with the written instructions furnished to him by the operator of the aircraft pursuant to the said Article 26.
(2) For the purpose of calculating the total weight of the aircraft the respective total weights of the passengers and crew entered in the load sheet shall be computed from the actual weight of each person and for that purpose each person shall be separately weighed.
Provided that in the case of an aircraft with a total seating capacity of twelve or more persons and subject to the provisions of paragraph (3) of this Regulation the said weights may be calculated according to the following table, and the load sheet shall bear a notation to that effect.
Table
Males over 12 years of age … … … … … … … 165 lb
Females over 12 years of age … … … … … … … 143 lb
Children aged 2 years or more, but not over 12 years of age 85 lb
Infants under 2 years of age … … … … … … … 17 lb
(3) The commander of the aircraft shall, if in his opinion it is necessary to do so in the interests of the safety of the aircraft, require any or all of the passengers and crew to be actually weighed for the purpose of the entry to be made in the load sheet.
Minimum weather conditions for take-off, approach to landing and landing by public transport aircraft registered in the United Kingdom
5.—(1) In this Regulation—
"approach to landing" means that portion of the flight of the aircraft in which it is descending below a height of 1,000 feet above the critical height of the relevant minimum for landing;
"cloud ceiling" in relation to an aerodrome means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;
"critical height" means the minimum height above the elevation of the aerodrome to which an approach to landing can safely be continued without visual reference to the ground;
"minimum weather conditions" in relation to an aerodrome means the cloud ceiling and runway visual range for take-off and the critical height and runway visual range for landing below which the aircraft cannot safely take off or land (as the case may be) at that aerodrome, and the expression "relevant minimum" shall be construed accordingly;
"runway visual range" in relation to a runway or landing strip means the maximum distance in the direction of take-off or landing, as the case may be, at which the runway or landing strip or the markers or lights delineating it can be seen from a point 15 feet above its centre line; and in the case of an aerodrome in the United Kingdom the distance, if any, communicated to the commander of the aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;
"specified" in relation to an aircraft means specified in or ascertainable by reference to the operations manual relating to that aircraft.
(2) In compliance with Article 24(2) of the Order and paragraph (xiii) of Part A of Schedule 10 thereto, the operator of every aircraft to which that Article applies shall establish and include in the operations manual relating to the aircraft, particulars of minimum weather conditions appropriate to every aerodrome of intended departure or landing and every alternate aerodrome:
Provided that, in respect of aerodromes to be used only on a flight which is not a scheduled journey or any part thereof it shall be sufficient to include in the operations manual data and instructions by means of which the appropriate minimum weather conditions can be calculated by the commander of the aircraft.
(3) The minimum weather conditions specified shall not, in respect of any aerodrome, be less favourable than any declared in respect of that aerodrome by the competent authority, unless that authority otherwise permits in writing.
(4) In establishing minimum weather conditions for the purposes of this Regulation the operator of the aircraft shall take into account the following matters:
(a) the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness;
(b) the composition of its crew;
(c) the physical characteristics of the relevant aerodrome and its surroundings;
(d) the dimensions of the runways which may be selected for use;
(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;
and shall establish in relation to each runway which may be selected for use minimum weather conditions appropriate to each set of circumstances which can reasonably be expected.
(5) With reference to Article 27(3) of the Order, an aircraft shall not commence a flight at a time when—
(a) the cloud ceiling or the runway visual range at the aerodrome of departure is less than the minimum respectively specified for take-off; or
(b) according to the information available to the commander of the aircraft it would not be able, without contravening paragraph (6) of this Regulation, to commence or continue an approach to landing 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.
(6) With reference to Article 27(3) of the Order, an aircraft shall not—
(a) commence or continue an approach to landing at any aerodrome if the runway visual range at that aerodrome, established or determined as aforesaid, is at the time less than the relevant minimum for landing; or
(b) continue an approach to landing at any aerodrome by flying below the critical height of the relevant minimum for landing if from that height the approach to landing cannot be completed entirely by visual reference to the ground.
(7) If according to the information available an aircraft would as regards any flight be required by the Rules of the Air and Air Traffic Control to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
Weight and Performance: General provisions
6.—(1) The assessment of the ability of an aeroplane to comply with the requirements of Regulations 7 to 10 inclusive (relating to weight and performance) shall be based on the specified information as to its performance:
Provided that, if, in the case of an aeroplane in respect of which there is in force under the Order a certificate of airworthiness which does not include a performance group classification, the assessment may be based on the best information available to the commander of the aircraft, in so far as the relevant information is not specified.
(2) In assessing the ability of an aeroplane to comply with condition (7) in the Schedule...
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