Colonial Air Navigation (Amendment) Order 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/588 |
| Year | 1965 |
1965 No. 588
CIVIL AVIATION
The Colonial Air Navigation (Amendment) Order 196524thMarch 1965
30thMarch 1965
1stNovember 1965Remainder1stMay 1965
Her Majesty, in pursuance of the powers conferred upon Her by the Civil Aviation Act 1949(a) and the Colonial Civil Aviation (Application of Act) Order 1952(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:—
Citation, construction, application and commencement.
1.—(1) This Order may be cited as the Colonial Air Navigation (Amendment) Order 1965 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) and the Colonial Air Navigation (Amendment) Order 1963(e) is hereinafter referred to as "the principal Order".
(2) This Order and the Colonial Air Navigation Orders 1961 to 1963 may be cited together as the Colonial Air Navigation Orders 1961 to 1965.
(3) Except as provided in paragraph (4) of this Article, this Order shall come into operation on 1st May 1965.
(4) Article 5(b) of this Order shall come into operation on 1st November 1965.
Amendment of certain Articles of principal Order.
2. The principal Order is amended as follows:—
(1) In Article 7—
(a) after paragraph (4)(d) there is added the following—
"or
(e) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot's Licence (Flying Machines), a Senior Commercial Pilot's Licence (Flying Machines) or a Flight Navigator's Licence.";
(a) 12, 13 & 14 Geo. 6. c. 67.
(b) S.I. 1952/868 (1952 I, p. 565).
(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).
(b) after paragraph (5) there is added the following paragraph—
"(6) In this Article, the expression "repair" includes in relation to a compass the adjustment and compensation thereof and the expression "repaired" shall be construed accordingly.".
(2) In Article 19 for paragraph (1) there is substituted the following paragraph—
"(1) A person shall not give any instruction in flying to any person flying or about to fly a flying machine for the purpose of becoming qualified for—
(a) the grant of a pilot's licence; or
(b) the inclusion in a pilot's licence of an aircraft rating entitling the holder of the licence to act as pilot of—
(i) a multi-engined aircraft, or
(ii) an aircraft of any class appearing in column 4 of the Table in Part A of the First Schedule to this Order,
if the person under instruction has not been previously entitled under the Act, or qualified in any of Her Majesty's naval, military or air forces, to act as pilot of a multi-engined aircraft, or of an aircraft of that class as the case may be; or
(c) the inclusion or variation of any rating, other than an aircraft rating, in a pilot's licence,
unless:—
(i) the person giving the instruction holds a licence, granted or rendered valid under this Order, entitling him to act as pilot in command of the aircraft for the purpose and in the circumstances under which instruction is to be given; and
(ii) such licence includes a flying instructor's rating or an assistant flying instructor's rating entitling the holder, in accordance with the privileges specified in the Ninth Schedule to this Order in respect of that rating, to give the instructions; and
(iii) if consideration is given for the instruction, such licence entitles the holder to act as pilot in command of an aircraft flying for the purpose of public transport:
Provided that sub-paragraph (iii) of this paragraph shall not apply if the aircraft is owned, or is operated under arrangements entered into, by a flying club of which both the person giving and the person receiving the instruction are members.".
(3) In Article 28(2)—
(a) in sub-paragraph (g)(i) for the words "an altitude of 13,000 feet above mean sea level" there are substituted the words "flight level 130";
(b) for sub-paragraph (g)(iii) there is substituted the following sub-paragraph—
"(iii) during any continuous period exceeding 30 minutes when the aircraft is flying above flight level 100 but not above flight level 130, and whenever the aircraft is flying above flight level 130, oxygen is used by all the crew of the aircraft.".
(4) After Article 29, the following is added as Article 29A—
"Use of flight recorders and preservation of records
29A.—(1) On any flight on which a flight recorder is required by or under this Order to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run until the end of the landing run.
(2) The operator of the aircraft shall, subject to the provisions of Article 53 of this Order, preserve the record made by the flight recorder, together with means of identifying the record with the flight to which it relates, for a period of 60 days after the end of the flight or such longer period as the Governor may in a particular case direct.".
(5) In Article 36, at the end of the proviso to paragraph (2), the full stop is deleted and the following words are added—
"and a door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the commander of the aircraft so determines, for the purpose of preventing access by passengers to the flight crew compartment.".
(6) In Article 43(2)(a) the words and symbols "(other than an aircraft of which the maximum total weight authorised does not exceed 3,500 lb. and which is not flying for the purpose of public transport or aerial work)" are inserted after the word "aircraft".
(7) In Article 45—
(a) in paragraph (1)(a) there is substituted for the figure "30" the figure "28";
(b) at the end of paragraph (2) the full stop is deleted and the following words are added:—
"including, without prejudice to the generality of the foregoing—
(a) the type of aircraft in which the flight will be made;
(b) the area in which the flight will be made;
(c) the number of landings which will be made during the course of each flying duty period;
(d) the amount of night flying during each flying duty period;
(e) the number of consecutive occasions on which each member of the flight crew will be required to fly for the maximum period permitted under this Part of the Order.";
(c) the following paragraph is substituted for paragraph (3):—
"(3) No limits or minimum rest periods may be established under paragraph (1) of this Article which would require or permit any person to fly in any aircraft at a time when such flying would constitute a contravention of any of the provisions of Articles 46, 47 and 49 of this Order, or would require or permit any person to fly in any aircraft as a member of the flight crew thereof within the period of one hour immediately preceding the end of the specified time referred to in Article 46(2) of this Order, or when the specified time is 24 hours, within the period of two hours immediately preceding the end of the specified time.".
(8) In the heading of Article 46 there are substituted for the words "pilots and flight engineers" the words "flight crew".
(9) The following Article is substituted for Article 46:—
"46.—(1) Without prejudice to the provisions of Article 44 of this Order, a person shall not fly in an aircraft to which this Article applies as a member of the flight crew thereof in the course of any duty period of that person after more than the specified time has elapsed since the beginning of that duty period.
(2) In paragraph (1) of this Article the expression "the specified time" means—
(a) in relation to a pilot whenever sub-paragraph (b) does not apply, 11 hours:
Provided that if, during the duty period, there has been a period of not less than five continuous hours throughout which that person has not flown in any aircraft to which this Article applies or performed any duties, the foregoing provisions of this sub-paragraph shall have effect as if 13 hours were substituted therein for 11 hours;
(b) in relation to a person who, at all times when he flies as a pilot in the course of his duty period, is one of two or more persons carried as pilots of the aircraft, 16 hours:
Provided that the foregoing provisions of this sub-paragraph shall have effect as if 24 hours were substituted therein for 16 hours if that person is one of three or more persons carried as pilots of the aircraft and the following conditions are fulfilled:—
(i) at least two of the pilots are qualified to act as commander of the aircraft in the circumstances both by their respective licences and in accordance with the requirements of paragraph 1(5)(a)(i) and (ii) of Part B of the Tenth Schedule to this Order (except in respect of their knowledge of the aerodromes of takeoff and landing and any alternate aerodromes);
(ii) at least one of the pilots is carried in addition to those members of the flight crew who are required to be carried in the circumstances by or under this Order;
(iii) one suitable bunk is always available for the use only of pilots; and
(iv) each of the pilots has, during the duty period, been afforded opportunities of resting for a reasonable time;
(c) in relation to a flight engineer, 16 hours:
Provided that the foregoing provisions of this sub-paragraph shall have effect as if 24 hours were substituted therein for 16 hours in relation to a person who, at all times when he flies as a flight engineer in the course of his duty period, is one of two or more persons carried as flight engineers of the aircraft, if the following conditions are fulfilled:—
(i) at least one of the flight engineers is carried in addition to the members of the flight crew who are required to be carried in the circumstances by or under this Order;
(ii) one suitable bunk is always available for the use only of flight engineers;
(iii) each of the flight engineers has, during the duty...
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