Colonial Air Navigation (Amendment) Order 1963
| Jurisdiction | UK Non-devolved |
| Citation | SI 1963/1966 |
| Year | 1963 |
1963 No. 1966
CIVIL AVIATION
The Colonial Air Navigation (Amendment) Order 19634thDecember 1963
10thDecember 1963
1stJanuary 1964
At the Court at Buckingham Palace, the 4th day of December 1963
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) 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 1963 and shall be construed as one with the Colonial Air Navigation Orders 1961 and 1962(c).
(2) The Colonial Air Navigation Orders 1961 and 1962 and this Order may be cited together as the Colonial Air Navigation Orders 1961 to 1963.
(3) This Order shall not apply to Jamaica, Trinidad and Tobago, Tanganyika, Uganda, Kenya or Zanzibar.
(4) This Order shall come into operation on 1st January 1964.
Amendment of certain Article of the principal Order.
2. The Colonial Air Navigation Order 1961(d) (hereinafter referred to "the principal Order") is amended as follows:—
(1) In Article 2—
(a) the words "of paragraphs (4) and (5)" are omitted from r paragraph (2);
(b) immediately after paragraph (16) there is added the following paragraph—
"(17) Nothing in this Article shall require the Governor to cancel the registration of an aircraft if in his opinion it would be inexpedient in the public interest to do so.".
(2) For paragraph (5) of Article 6 there is substituted the following paragraph:—
"(5) On the termination of every flight by an aircraft registered in the Colony for any of the purposes specified in paragraph (1) of this Article, the commander of the aircraft shall enter in a technical log—
(a) the times at which the flight began and ended; and
(b) S.I. 1952/868 (19521, p. 565).
(c) S.I. 1961/2316,1962/2597 (1961 III, p. 4146; 1962 III, p. 3485).
(d) S.I. 1961/2316 (1961 III, p. 4146).
(b) particulars of any defect in any part of the aircraft or its equipment which is known to him, being a part to which a maintenance schedule relates, or, if no such defect is known to him, an entry to that effect,
and shall sign and date such entries:
Provided that in the case of a number of consecutive flights beginning and ending on the same day and with the same person as commander of the aircraft, the commander of an aircraft—
(i) flying for the purpose of public transport where each of the aforesaid consecutive flights begins at the same aerodrome and ends at that aerodrome, or
(ii) flying for the purpose of dropping or projecting any material for agricultural, public health or similar purposes,
may, except where he becomes aware of a defect during an earlier flight, make the entries as aforesaid in a technical log at the end of the last of such consecutive flights.".
(3) In Article 14—
(a) immediately after the words "to be flown, and" in paragraph (4) there are inserted the words "to pass";
(b) for paragraph (7) there is substituted the following paragraph:—
"(7) (a) When an aircraft registered in the Colony carries twenty or more passengers on a flight for the purpose of public transport, the crew of the aircraft shall include persons carried for the purpose of performing in the interest of the safety of passengers duties to be assigned by the operator or the person in command of the aircraft, but who shall not act as members of the flight crew. The number of such persons carried when the aircraft is carrying the number of passengers specified in column 1 of the table set out at the end of this sub-paragraph shall be not less than the number set opposite that number in column 2 of that table:—
TABLE
Column 1 Column 2
20–50 passengers … … 1 person
51–100 " … … 2 persons
101–150 " … … 3 persons
Over 150 " … … 4 persons
(b) The Governor may give a direction to the operator of any aircraft registered in the Colony requiring him to include among the crew thereof whenever the aircraft is flying for the purpose of public transport at least one such person as aforesaid, notwithstanding that the aircraft may be carrying fewer than 20 passengers.".
(4) In paragraph (d) of the proviso to paragraph (1) of Article 15 for the words "for that purpose" there are substituted the words "for use on flights on which a flight radio-telephony operator acts in one of the capacities specified in paragraph (a) of this proviso".
(5) Immediately after paragraph (4) of Article 21 there is added the following paragraph—
"(5) If in the course of a flight on which the equipment specified in Scale O in paragraph 5 of the Fifth Schedule hereto is required to be provided the said equipment becomes unserviceable, .the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the Operations Manual".
(6) For the heading to Article 23, there is substituted the following heading:—
"Loading-public transport aircraft and suspended loads".
(7) In Article 23(1) after the word "transport" there are inserted the words "or any load to be suspended therefrom".
(8) In Article 26(6) after the word "carried" where it first occurs, there are inserted the words "in the circumstances of the intended flight".
(9) In Article 28—
(a) the words "oxygen equipment" are inserted immediately after the words "safety harnesses" in paragraph (2)(a);
(b) there are substituted for the words "the person, if any," the words "any persons", for the words "is secured in a seat" the words "are secured in seats" and for the word "he" the word "they" in paragraph (2)(d);
(c) for sub-paragraph (g) (iii) of paragraph (2) there is substituted the following sub-paragraph:—
"(iii) during any time exceeding 30 minutes when the aircraft is flying at an altitude exceeding 10,000 feet but not exceeding 13,000 feet above mean sea level, and at all times when the aircraft is flying at an altitude exceeding 13,000 feet above mean sea level, oxygen is used by all the crew of the aircraft.".
(10) In Article 57(2) for the words "by reason of any area being used for purposes of national defence" there are substituted the words "for any of the reasons referred to in paragraph (l)(c) of this Article".
(11) Immediately after the word "level" in Article 58(l)(o) there are inserted the words "or within 200 feet of any vessel, vehicle or structure".
(12) In Article 69—
(a) the word "a" where it last appears in sub-paragraph (c) of paragraph (1) is omitted;
(b) the words "to make the flight" in paragraph (1) are omitted and the following is substituted therefor:—
"to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Governor or by an authorised person,".
(13) After the words "public transport" in Article 74(3) there are inserted the words "or aerial work".
(14) In paragraph (1) of Article 81—
(a) at the end of the definition of "aerodrome" there are added the words "(not being an area the use of which for those purposes has been abandoned)";
(b) in the definition of "Air traffic control unit" the words "instructions or advice or both" are substituted for the...
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