Colonial Air Navigation Order, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/2316 |
| Year | 1961 |
1961 No. 2316
CIVIL AVIATION
The Colonial Air Navigation Order, 19616thDecember 1961
7thDecember 1961
8thDecember 1961
ARRANGEMENT OF ORDER
PART I
REGISTRATION AND MARKING OF AIRCRAFT
Article
1. Aircraft to be registered.
2. Registration of aircraft in the Colony.
3. Nationality and registration marks.
PART II
AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
4. Certificate of airworthiness to be in force.
5. Issue and renewal of certificates of airworthiness.
6. Certification of maintenance.
7. Inspection, overhaul, repair, replacement and modification.
8. Licensing of maintenance engineers.
9. Equipment of aircraft.
10. Radio equipment of aircraft.
11. Aircraft, engine and propeller log books.
12. Aircraft weight schedule.
13. Access and inspection for airworthiness purposes.
PART III
AIRCRAFT CREW AND LICENSING
14. Composition of crew of aircraft.
15. Members of flight crew—licences.
16. Grant and renewal of licences to members of flight crew.
17. Validation of licences.
18. Personal flying log book.
19. Instruction in flying.
20. Glider pilot—minimum age.
PART IV
OPERATION OF AIRCRAFT
Article
21. Operations Manual.
22. Public transport—operators' responsibilities.
23. Public transport—loading of aircraft.
24. Public transport—operating conditions.
25. Aircraft not registered in the Colony—weather conditions.
26. Pre-flight action by commander of aircraft.
27. Pilots to remain at controls.
28. Public transport of passengers—duties of commander.
29. Operation of radio in aircraft.
30. Towing of gliders.
31. Towing, picking up and raising of persons and articles.
32. Dropping of persons and articles.
33. Carriage of munitions of war.
34. Carriage of dangerous goods.
35. Method of carriage of persons.
36. Exits and break-in markings.
37. Imperilling safety of aircraft.
38. Imperilling safety of any person or property.
39. Drunkenness in aircraft.
40. Smoking in aircraft.
41. Authority of commander of aircraft.
42. Stowaways.
PART V
FATIGUE OF FLIGHT CREW
43. Application, interpretation and modification of Part V.
44. Duties of operators to prevent excessive fatigue of flight crew.
45. Establishment of limits on flight times, flying duty periods and rest periods.
46. Maximum flying duty periods for pilots and flight engineers.
47. Minimum rest periods for flight crew.
48. Records of flight times, duty periods and rest periods.
49. Maximum flight times for flight crew.
50. Provision for particular cases.
PART VI
DOCUMENTS
51. Documents to be carried.
52. Production of documents.
53. Preservation of documents, etc.
54. Revocation, suspension and variation of certificates, licences and other documents.
55. Offences in relation to documents.
PART VII
CONTROL OF AIR TRAFFIC
56. Rules of the air and air traffic control.
57. Power to prohibit or restrict flying.
58. Balloons, kites and airships.
PART VIII
AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS
59. Aerodromes: public transport of passengers and instruction in flying.
60. Use of Government aerodromes.
61. Licensing of aerodromes.
62. Charges at aerodromes licensed for public use.
63. Use of aerodromes by aircraft of Contracting States and of the Commonwealth.
64. Noise and vibration caused by aircraft on aerodromes.
65. Aeronautical lights.
66. Dangerous lights.
67. Customs Airports.
PART IX
GENERAL
68. Prohibited Areas.
69. Power to prevent aircraft flying.
70. Right of access to aerodromes and other places.
71. Obstruction of persons.
72. Enforcement of directions.
73. Fees.
74. Penalties.
75. Extra-territorial effect of the Order.
76. Application of Order.
77. Regulations by the Governor.
78. Application of Order to the Crown and visiting forces, etc.
79. Exemption from Order.
80. Provisions for East African Territories.
81. Interpretation.
82. Interpretation in relation to the East African Territories.
83. Saving.
84. Small aircraft.
85. Revocation.
86. Citation and commencement.
SCHEDULES
First Schedule—PART A. Table of General Classification of Aircraft.
PART B. Nationality and Registration Marks of Aircraft Registered in the Colony.
Second Schedule—A and B Conditions.
Third Schedule—Categories of Aircraft.
Fourth Schedule—Maintenance Engineers: Privileges of Licences.
Fifth Schedule—Aircraft Equipment.
Sixth Schedule—Radio Apparatus to be carried in Aircraft.
Seventh Schedule—Aircraft, Engine and Propeller Log Books.
Eighth Schedule—Areas Specified in connection with the Carriage of Flight Navigators as Members of the Flight Crews of Public Transport Aircraft.
Ninth Schedule—Flight Crew of Aircraft: Licences and Ratings.
Tenth Schedule—Public Transport—Operational Requirements.
Eleventh Schedule—Documents to be Carried by Aircraft Registered in the Colony.
Twelfth Schedule—Rules of the Air and Air Traffic Control.
Thirteenth Schedule—Fees.
Fourteenth Schedule—Penalties.
Fifteenth Schedule—Territories to which this Order applies.
At the Court of Saint James, the 6th day of December, 1961
Present,
Her Majesty Queen Elizabeth The Queen Mother
Her Royal Highness The Princess Margaret, Countess of Snowdon
Lord President Earl of Perth
Lord John Hope
Mr. Erroll
Whereas Her Majesty, in pursuance of the Regency Acts, 1937 to 1953, was pleased, by Letters Patent dated the eighth day of November, 1961, to delegate to the following Counsellors of State (subject to the exceptions hereinafter mentioned) on any two or more of them, that is to say, His Royal Highness Prince Philip, Duke of Edinburgh, Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness The Princess Margaret, Countess of Snowdon, His Royal Highness The Duke of Gloucester, His Royal Highness The Duke of Kent and Her Royal Highness The Princess Alexandra of Kent, full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:
And whereas Her Majesty was further pleased to except from the number of the said Counsellors of State His Royal Highness Prince Philip, Duke of Edinburgh, and Her Royal Highness The Princess Alexandra of Kent while absent from the United Kingdom:
Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and Her Royal Highness The Princess Margaret, Countess of Snowdon, being authorized thereto by the said Letters Patent, and in pursuance of the powers vested in Her Majesty 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 Majesty in that behalf, do hereby, by and with the advice of Her Majesty's Privy Council, on Her Majesty's behalf order, and it is hereby ordered, as follows:—
PART I
REGISTRATION AND MARKING OF AIRCRAFT
Aircraft to be registered
1.—(1) Subject to the provisions of paragraph (2) of this Article, an aircraft shall not fly over the Colony unless it is registered in:—
(a) some part of the Commonwealth; or
(b) a Contracting State; or
(c) some other country in relation to which there is in force an agreement between Her Majesty's Government in the United Kingdom and the Government of that country which makes provision for the flight over the Colony of aircraft registered in that country:
Provided that—
(i) a glider may fly unregistered, and shall be deemed to be registered in the Colony for the purposes of Articles 9, 10, 15 and 26 of this Order, on any flight which—
(a) begins and ends in the Colony without passing over any other country, and
(b) is not for the purpose of public transport or aerial work;
(ii) any aircraft may fly unregistered on any flight which—
(a) begins and ends in the Colony without passing over any other country, and
(b) is in accordance with the "B Conditions" set forth in the Second Schedule to this Order;
(iii) this paragraph shall not apply to any kite or captive balloon.
(2) The Governor may, in such special circumstances and subject to such conditions or limitations as he may think fit, temporarily exempt from the provisions of paragraph (1) of this Article an aircraft registered elsewhere
(a) 12, 13, & 14 Geo. 6. c. 67.
(b) S.I. 1952/868 (1952 I, p. 565).
(3) If an aircraft flies over the Colony in contravention of paragraph (1) of this Article in such manner or circumstances that if the aircraft had been registered in the Colony an offence against this Order or any regulations made thereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.
Registration of aircraft in the Colony
2.—(1) The Governor shall be the authority for the registration of aircraft in the Colony.
(2) Subject to the provisions of paragraphs (4) and (5) of this Article, an aircraft shall not be registered or continue to be registered in the Colony if it appears to the Governor that:—
(a) the aircraft is registered anywhere outside the Colony; or
(b) an unqualified person is entitled as owner to any legal or beneficial interest in the aircraft or any share therein; or
(c) the aircraft could more suitably be registered in some other part of the Commonwealth; or
(d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in the Colony.
(3) The following persons and no others shall be qualified to be the owner of a legal or beneficial interest in an aircraft registered in the Colony or a share therein:—
(a) the Crown in right of Her Majesty's Government in the United Kingdom or in right of the Government of the Colony;
(b) British subjects and citizens of the Republic of Ireland;
(c) British protected persons;
(d) bodies incorporated in some part of the Commonwealth, and having their principal place of business in any part of the Commonwealth;
(e) bodies incorporated in the Republic of South Africa or in South West Africa, and having their principal place of business in the said Republic or in South West Africa or in any part of the...
To continue reading
Request your trial