Air Navigation (Overseas Territories) (Second Amendment) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1520 |
| Year | 1978 |
1978 No. 1520
CIVIL AVIATION
The Air Navigation (Overseas Territories) (Second Amendment) Order 197824thOctober 1978
1stNovember 1978
22ndNovember 1978
At the Court at Buckingham Palace, the 24th day of October 1978
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by the Civil Aviation Act 1949(a), and the Civil Aviation Act 1949 (Overseas Territories) Order 1969(b), as amended by the Civil Aviation Act 1971 (Overseas Territories) Order 1976(c), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation and commencement
1.—(1) This Order may be cited as the Air Navigation (Overseas Territories) (Second Amendment) Order 1978 and shall be construed as one with the Air Navigation (Overseas Territories) Order 1977(d) as amended (e).
(2) This Order shall come into operation on 1st December 1978.
Amendment of the Air Navigation (Overseas Territories) Order 1977
2. The Air Navigation (Overseas Territories) Order 1977, as amended, shall be further amended as follows:
(1) In Article 8(2) for the proviso thereto there shall be substituted the following new proviso:
"Provided that the Governor shall not specify the General Purpose Category in any certificate of airworthiness issued or renewed on or after 1st December 1978."
(2) In Article 11:
(a) in paragraph (2) for the words "a log book" there shall be substituted the words "the aircraft log book kept in respect of the aircraft pursuant to Article 15 of this Order";
(a) 1949 c. 67.
(b) S.I. 1969/592.
(c) 1976/1912.
(d) S.I. 1977/422.
(e) S.I. 1977/820.
(b) in paragraph (3) for sub-paragraph (b) there shall be substituted the following new sub-paragraph:
"(b) radio apparatus provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not such apparatus is provided in compliance with this Order or any regulation made thereunder,";
(c) for paragraph (6) there shall be substituted the following new paragraph:
"(6) Subject to the provisions of Article 57 of this Order, a certificate of compliance shall be preserved by the operator of the aircraft to which it relates for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus as the case may be.".
(3) In Article 15:
(a) in paragraph (1):
(i) the words "public transport aircraft and aerial work" shall be deleted;
(ii) after the words "to this Order" there shall be inserted the words "and in the case of an aircraft having a maximum total weight authorised not exceeding 2,730 kg., shall be of a type approved by the Governer.";
(b) for paragraph (2) there shall be substituted the following new paragraph:
"(2) (a) Each entry in the log book, other than such an entry as is referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 7 to this Order, shall be made as soon as practicable after the occurrence to which it relates, but in no event more than 7 days after the expiration of the certificate of maintenance (if any) in force in respect of the aircraft at the time of the occurrence;
(b) Each entry in the log book, being such an entry as is referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 7 to this Order shall be made upon each occasion that any maintenance, overhaul, repair, replacement, modification or inspection is undertaken on the engine or propeller as the case may be.".
(4) In Article 18(6), after the words "any particular operator" there shall be inserted "of any aircraft registered in the Territory".
(5) In Article 19 in sub-paragraph (b)(ii) of the proviso to paragraph (1), for the words "he is fit to so act", there shall be substituted "he is fit so to act".
(6) In Article 19 in sub-paragraph (b)(v) of the proviso to paragraph (1) after "instruction in flying" there shall be inserted "or the conducting of flying tests".
(7) In Article 19(8) in sub-paragraph (b) for the words "owned and operated" there shall be substituted the words "owned or operated".
(8) In Article 20(8)(b), for the last sentence there shall be substituted—
"The medical certificate shall be deemed to be suspended upon the occurrence of such injury or the elapse of such period of illness or the confirmation of the pregnancy, and
(aa) in the case of injury or illness the suspension shall cease upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume his functions as a member of the flight crew or upon the Governor exempting, subject to such conditions as he thinks fit, the holder from the requirement of a medical examination; and
(bb) in the case of pregnancy, the suspension may be lifted by the Governor for such period and subject to such conditions as he thinks fit and shall cease upon the holder being medically examined under arrangements made by the Governor after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew."
(9) In Article 23(2) after the words "a flying machine", there shall be inserted "or glider".
(10) In Article 25(4) after "this Article" there shall be inserted "Article 39A of".
(11) In Article 28—
(a) at the end of the proviso to paragraph (2) there shall be added—
"(c) the aircraft is a helicopter the maximum total weight authorised of which does not exceed 3,000 kg, and the total seating capacity of which does not exceed five persons."
(b) at the end of paragraph (5) there shall be added—
"Provided that in the case of a helicopter, if in all the circumstances it is not reasonably practicable for the copies of the load sheet and instructions to be kept elsewhere than in the helicopter, they may be carried in the helicopter in a box approved by the Governor for that purpose."
(12) In Article 29, at the end of paragraph (4) there shall be added—
"(5) Without prejudice to the provisions of paragraph (3) of this Article a helicopter, in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance Group B shall not fly over water for the purpose of public transport so as to be more than 20 seconds flying time from a point from which it can make an autorotative descent to land suitable for an emergency landing unless it is equipped with apparatus approved by the Governor enabling it to land safely on water but shall not so fly on any flight for more than three minutes except with the permission in writing of the Governor and in accordance with any conditions subject to which that permission may have been given. For the purpose of this sub-paragraph flying time shall be calculated on the assumption that the helicopter is flying in still air at the speed specified in the certificate of airworthiness in force in respect of the helicopter as the speed for compliance with regulations governing flights over water.
(6) Without prejudice to the provisions of paragraph (3) of this Article, a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance Group A2 shall not fly over water for the purpose of public transport for more than 15 minutes during any flight unless it is equipped with apparatus approved by the Governor enabling it to land safely on water."
(13) In Article 33, for paragraph (2) there shall be substituted—
"(2) Each pilot at the controls shall be secured in his seat by either a safety belt with or without one diagonal shoulder strap, or a safety harness except that during take-off and landing a safety harness shall be worn if it is required by Article 13 of this Order to be provided.";
(14) After Article 35, there shall be inserted the following new Article—
"Minimum Navigation Performance
35A. An aircraft registered in the Territory shall not fly in airspace prescribed for the purposes of this Article by Regulation 15 of Schedule 15 to this Order unless—
(a) it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability; and
(b) the navigation systems required by paragraph (a) hereof are approved by the Governor and installed and maintained in a manner approved by the Governor; and
(c) the operating procedures for the navigation systems required by paragraph (a) hereof are approved by the Governor; and
(d) the equipment is operated in accordance with the approved procedures while the aircraft is flying in the said airspace."
(15) In Article 36—
(a) in the heading the word "data" shall be deleted;
(b) in paragraph (1)—
(i) after the word "recorder" there shall be inserted the words "or a cockpit voice recorder";
(ii) for "sub-paragraph 4(5)" there shall be substituted "sub-paragraph 4(4) or (5)";
(16) In Article 38, at the end of paragraph (4) there shall be added—
"(4A) A passenger shall not be carried in a helicopter at any time when an article, person or animal is suspended therefrom, other than a passenger who has duties to perform in connection with the article, person or animal."
(17) In Article 39 in paragraph (1):
(i) there shall be inserted at the beginning "Except under and in accordance with the terms of an aerial application certificate granted under Article 39A of this Order";
(ii) in paragraph (f) of the proviso thereto the words "agriculture, horticulture, forestry or" shall be deleted.
(18) After Article 39 there shall be inserted the following new Article:
"Issue of Aerial Application Certificates
39A.—(1) On or after 1st December 1978 an aircraft shall not be used for the dropping of articles for the purposes of agriculture, horticulture or forestry or for training for the dropping of articles for any of such purposes, otherwise than under and...
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