Colonial Air Navigation (Amendment) Order 1968
| Jurisdiction | UK Non-devolved |
| Citation | SI 1968/1090 |
| Year | 1968 |
1968 No. 1090
CIVIL AVIATION
The Colonial Air Navigation (Amendment) Order 196812thJuly 1968
18thJuly 1968
1stNovember 1968Article 2(4)Article 2(4)1stMarch 1969Articles 2(5)(a)(b)(d)(e)(f)(g) and (h) and 7Articles 2(5)(a)(b)(d)(e)(f)(g) and (h) and 7On a date to be appointed by the GovernorArticles 5(a) and 5(b)(iii)Articles 5(a) and 5(b)(iii)1stJune 1969Remainder1stSeptember 1968
At the Court at Buckingham Palace, the 12th day of July 1968
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in pursuance of the powers conferred upon Her by the Civil Aviation Act 1949(a), the Colonial Civil Aviation (Application of Act) Orders 1952 to 1965(b) 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:—
1.—(1) This Order may be cited as the Colonial Air Navigation (Amendment) Order 1968 and shall be construed as one with the Colonial Air Navigation Order 1961(c), which Order, as amended by the Colonial Air Navigation (Amendment) Order 1962(d), the Colonial Air Navigation (Amendment) Order 1963(e) and the Colonial Air Navigation (Amendment) Order 1965(f), is hereinafter referred to as "the principal Order".
(2) This Order and the Colonial Air Navigation Orders 1961 to 1965 may be cited together as the Colonial Air Navigation Orders 1961 to 1968.
(3) This Order shall come into operation as follows—
Articles 2(3) and 2(10) to (14), inclusive, on 1st November 1968 ;
Article 2(4), on 1st March 1969 ;
Articles 2(5)(a)(b)(d)(e)(f)(g) and (h) and 7 on a date to be appointed by the Governor by notice in the Gazette, being a date not earlier than 1st March 1969 ;
Articles 5(a) and 5(b)(iii), on 1st June 1969 ; and
the remainder, on 1st September 1968.
(a) 1949 c. 67.
(b) S.I. 1952/868, 1959/1052, 1961/2317, 1965/980 (1952 I, p. 565; 1959 I, p. 684; 1961 III, p. 4271; 1965 I, p. 2419).
(c) S.I. 1961/2316 (1961 III, p. 4146).
(d) S.I. 1962/2597 (1962 III, p. 3485).
(e) S.I. 1963/1966 (1963 III, p. 3831).
(f) S.I. 1965/588 (1965 I, p. 1845).
Amendment of certain Articles of the principal Order.
2. The principal Order shall be amended as follows:—
(1) In Article 2, the following words shall be inserted in paragraph (2)(a) after the words "the Colony"—
"and that such registration does not cease by operation of law upon the aircraft being registered in the Colony".
(2) In Article 10(4), after the figure (4) there shall be inserted the words—
"Subject to such exceptions as may be prescribed,".
(3) In Article 14(3)—
(a) the following words shall be inserted at the beginning of the paragraph, "Unless the Governor otherwise prescribes," ; and
(b) for the words and figures "more than 22,500 lb." there shall be substituted the words and figures "12,500 lb. or more".
(4) In Article 15—
(a) in paragraph (4)(b)(i), after the word "tests" there shall be inserted the words "or to conduct the aforesaid tests", and after the word "trained" there shall be inserted the words "or tested" ;
(b) in paragraph (4)(b)(ii), the words "either the holder of a pilot's licence (other than a student pilot's licence) granted under this Order or was" shall be omitted ;
(c) the following shall be added after paragraph (7)—
"(8) Notwithstanding anything in this Article—
(i) the holder of a licence granted or rendered valid under this Order, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in the Colony in or over the territory of a Contracting State other than the United Kingdom, except in accordance with permission granted by the competent authorities of that State;
(ii) the holder of a licence granted or rendered valid under the law of a Contracting State other than the United Kingdom, being a licence endorsed as aforesaid, shall not act as a member of the flight crew of any aircraft in or over the Colony except in accordance with permission granted by the Governor, whether or not the licence is or is deemed to be rendered valid under this Order.".
(5) In Article 16—
(a) in paragraph (1), after the flying machine pilot's licences in the list of licences, there shall be inserted the following—
"Private pilot's licence (aeroplanes),
Commercial pilot's licence (aeroplanes),
Senior commercial pilot's licence (aeroplanes),
Airline transport pilot's licence (aeroplanes),
Private pilot's licence (helicopters and gyroplanes),
Commercial pilot's licence (helicopters and gyroplanes),
Airline transport pilot's licence (helicopters and gyroplanes)," ;
(b) at the end of paragraph (1), the following shall be added—
"Provided that the Governor shall not grant any flying machine pilot's licences after the coming into force in the Colony of Article 2(5)(a) of the Colonial Air Navigation (Amendment) Order 1968.";
(c) in paragraph (2), proviso (a), for the words and figures "paragraph (10)" there shall be substituted the words and figures" paragraphs (10) and (11)";
(d) the following shall be added after proviso (b) to paragraph (2)—
"(c) on and after such date as the Governor may for any class of licence by notice in the Gazette appoint, the holder of a licence of that class, other than a flight radiotelephony operator's licence, shall not be entitled to perform any of the functions to which his licence relates unless it includes a medical certificate issued and in force under paragraph (6A) of this Article;
(d) on and after such date as the Governor may for any class of pilot's licence by notice in the Gazette appoint, the holder of a pilot's licence of that class shall not be entitled to perform functions on a flight unless the licence bears a valid certificate of test or a valid certificate of experience, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Part C of the said Schedule and shall otherwise comply with that Part;
(e) a person shall not be entitled to perform the functions to which an instrument rating (aeroplanes), flying instructor's rating or assistant flying instructor's rating relates unless his licence bears a certificate, signed by a person authorised by the Governor to sign such certificates, indicating that the holder of the licence has, within the period of 13 months in the case of an instrument rating (aeroplanes) and an assistant flying instructor's rating, and 25 months in the case of a flying instructor's rating, preceding the day on which he performs those functions, passed a test of his ability to perform the functions to which the rating relates, being a test carried out in flight in the case of the two last-named ratings, and in the case of the first-named rating, either in flight or by means of apparatus approved by the Governor in which flight conditions are simulated on the ground ;
(f) a person who, on the last occasion when he took a test for the purposes of sub-paragraph (d) or (e) of this paragraph, failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it." ;
(e) in paragraph (3), the second and third sentences shall be omitted ;
(f) in paragraph (4), the words "and a rating" shall be deleted ;
(g) the following shall be substituted for paragraph (6)—
"(6) Every applicant for and holder of a licence granted under this Article other than a flight radiotelephony operator's licence shall upon such occasions as the Governor may require submit himself to medical examination by a person approved by the Governor either generally or in a particular case, who shall make a report to the Governor in such form as the Governor may require.
(6A) On and after the dates respectively appointed by the Governor for any class of licence under sub-paragraph (c) in Article 2(5)(d) of the Colonial Air Navigation (Amendment) Order 1968—
(a) where the medical examination referred to in paragraph (6) of this Article is conducted in the Colony, the Governor or any person approved by him as competent to do so may, after receiving the report made by the person conducting the medical examination, issue a medical certificate subject to such conditions as he thinks fit to the effect that he has assessed the holder of the licence as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to proviso (b) to paragraph (2) of this Article, be valid for such period as is therein specified, and shall be deemed to form part of the licence;
(b) where the medical examination is conducted outside the Colony the person conducting the examination shall, in addition to making a report to the Governor in accordance with the preceding paragraph, issue a certificate certifying, if such is, in his opinion, the case, that the holder of the licence is fit to perform the functions to which the licence relates and the said certificate may be deemed by the Governor to be a medical certificate for the purposes of this Article, and if so shall be valid for such period as may be specified therein in writing by the person conducting the examination.";
(h) in paragraph (10), the words "flying machines" where they appear in parentheses shall be deleted and for the words "a flying machine" there shall be substituted the words "an aircraft" ;
(i) after paragraph (10), there shall be added the following—
"(11) Nothing in this Order shall prohibit the holder of a pilot's licence from acting as pilot of an aircraft not exceeding 12,500 lb. maximum total weight authorised when with the authority of the Governor he is testing any person in pursuance of Article 16(1) or (3) of this Order, notwithstanding that the type of aircraft in which the test is conducted is not specified in the aircraft rating included in his licence.".
(6) In Article 21, for paragraph (2)(a)(ii) there shall be substituted the following—
"(ii) ensure that each copy of the...
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