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5. Save in the case of a transfer of functions under Article 83 (bis) of the Chicago Convention, an aircraft registered in the Isle of Man shall not fly on any flight for the purpose of public transport or aerial work.
6.—(1) Subject to paragraph (2), an aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator, and any conditions subject to which the certificate was issued or rendered valid are complied with.
(2) The foregoing prohibition shall not apply to flights, beginning and ending in the Isle of Man without passing over any other country, of—
(a) a glider, if it is not being used for the public transport of passengers or aerial work, other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members;
(b) a balloon flying on a private flight;
(c) an aircraft flying in accordance with the A Conditions or the B Conditions; or
(d) an aircraft flying in accordance with a national permit to fly, an EASA permit to fly or a certificate of validation issued by the Department under article 10.
(3) For the purposes of paragraph (1) a certificate of airworthiness—
(a) includes a restricted certificate of airworthiness issued by the Department; and
(b) includes a restricted certificate of airworthiness issued by the competent authority of a State which does not contain a condition restricting the aircraft to flight within the airspace of the issuing State; but
(c) does not include a restricted certificate of airworthiness issued by the competent authority of a State which contains a condition restricting the aircraft to flight within the airspace of the issuing State.
(4) An aircraft registered in the Isle of Man with a certificate of airworthiness shall not fly otherwise than in accordance with any conditions or limitations contained in its flight manual unless otherwise permitted by the Department.
7.—(1) Subject to paragraph (2), the Department shall issue in respect of any aircraft a certificate of airworthiness if it is satisfied that the aircraft is fit to fly having regard to—
(a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which it considers necessary for the airworthiness of the aircraft; and
(b) the results of flying trials, and such other tests of the aircraft as it may require.
(2) If the Department has issued a certificate of airworthiness in respect of an aircraft which, in its opinion, is a prototype aircraft or a modification of a prototype aircraft, it may dispense with flying trials in the case of any other aircraft if it is satisfied that it conforms to such prototype or modification.
(3) Every certificate of airworthiness shall specify the category “Private” and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes (which shall not include public transport or aerial work) specified in the certificate.
(4) The Department may issue a certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as it thinks fit.
(5) The Department may issue a certificate of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any aircraft registered elsewhere than in the Isle of Man under the law of any country other than the Isle of Man.
(6) Nothing in this Order obliges the Department to accept an application for the issue of a certificate of airworthiness or certificate of validation or for the variation or renewal of any such certificate when the application is not supported by such reports from such persons approved under article 70 as the Department may specify (either generally or in a particular case or class of cases).
8. A certificate of airworthiness or a certificate of validation issued in respect of an aircraft registered in the Isle of Man shall cease to be in force—
(a) if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft, is overhauled, repaired or modified, or if any part of the aircraft or of such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Department either generally or in relation to a class of aircraft or to the particular aircraft;
(b) until the satisfactory completion of any inspection made for the purpose of ascertaining whether the aircraft remains airworthy or maintenance of the aircraft or of any equipment described in sub-paragraph (a) which inspection or maintenance has—
(i) been made mandatory by the Department; or
(ii) become required by a maintenance schedule approved by the Department in relation to that aircraft; or
(c) until the completion to the satisfaction of the Department of any modification of the aircraft or of any equipment necessary for the airworthiness of the aircraft, being a modification required by the Department for the purpose of ensuring that the aircraft remains airworthy.
9.—(1) The Department shall—
(a) subject to sub-paragraph (b) issue in respect of any aircraft registered in the Isle of Man a national permit to fly if it is satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit;
(b) refuse to issue a national permit to fly in respect of an aircraft registered in the Isle of Man if it appears to the Department that the aircraft is eligible for and ought to fly under and in accordance with a certificate of airworthiness.
(2) An aircraft flying in accordance with a national permit to fly shall not fly for the purpose of public transport or aerial work, other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.
(3) No person shall be carried during flights for the purpose of flying displays or demonstration flying except the minimum flight crew, unless the prior permission of the Department has been obtained.
(4) The Department may issue a national permit to fly subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.
(5) A national permit to fly issued in respect of an aircraft shall cease to be in force—
(a) until the satisfactory completion of any inspection made for the purpose of ascertaining whether the aircraft remains airworthy, modification or maintenance of the aircraft or any of its equipment which inspection, modification or maintenance has:
(i) been made mandatory by the Department; or
(ii) become required as a condition of the permit to fly;
(b) if any other conditions of the permit are not complied with;
(c) if the aircraft, engines or propellers, or such of its equipment as is necessary for the airworthiness of the aircraft, are modified or repaired; unless the repair, or modification has been approved by the Department or by a person approved by the Department for the purpose;
(d) unless the permit includes a current certificate of validity issued by the Department or by a person approved by the Department for the purpose.
(6) A placard shall be affixed to any aircraft flying in accordance with a permit to fly in full view of the occupants which shall be worded as follows—
| “Occupant Warning | ||||
| This aircraft has not been certificated to an International Requirement”. | ||||
(7) An aircraft flying in accordance with a permit to fly shall only be flown by day and in accordance with the Visual Flight Rules unless the prior permission of the Department has been obtained.
(8) Nothing in this Order obliges the Department to accept an application for the issue, variation or renewal of a national permit to fly when the application is not supported by such reports from such approved persons as the Department may specify (either generally or in a particular case or class of cases).
(9) In paragraph (7) “day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level.
10.—(1) The Department shall issue in respect of any aircraft registered elsewhere than in the Isle of Man a certificate of validation if it is satisfied that there is in respect of the aircraft a permit to fly or equivalent document issued or validated by the competent authority of the country in which the aircraft is registered which applies standards which are substantially equivalent to those required for the issue of a permit to fly by the Department.
(2) An aircraft flying in accordance with a certificate of validation shall not fly for the purpose of public transport or aerial work, other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.
(3) The Department may issue a certificate of validation subject to such other conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.
11. An aircraft registered in the Isle of Man in respect of which a certificate of airworthiness is in force shall not fly unless the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with a maintenance schedule approved by the Department in relation to that aircraft.
12.—(1) This article applies to any aircraft registered in the Isle of Man in respect of which a certificate of airworthiness is in force.
(2) Except as provided in paragraphs (3), (5) and (6) an aircraft to which this article applies shall not fly unless there is in force a certificate of release to service issued under this Order if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 8(b).
(3) If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at a place where it is not reasonably practicable—
(a) for the repair or replacement to be carried out in such a manner that a certificate of release to service under this Order can be issued; or
(b) for such a certificate to be issued while the aircraft is at that place;
it may fly to a place which satisfies the criteria in paragraph (4) and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Department within 10 days thereafter.
(4) A place satisfies the criteria in this paragraph if it is—
(a) the nearest place at which a certificate of release to service under this Order can be issued;
(b) a place to which the aircraft can, in the reasonable opinion of the commander, safely fly by a route for which it is properly equipped; and
(c) a place to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board.
(5) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg, unless the Department gives a direction to the contrary in a particular case.
(6) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg and which is a private aircraft if it flies in the circumstances specified in paragraph (7).
(7) The circumstances referred to in paragraph (6) are—
(a) the only repairs or replacements in respect of which a certificate of release to service is not in force are of such a description as may be prescribed;
(b) such repairs or replacements have been carried out personally by the holder of a pilot’s licence rendered valid under this Order who is the owner or operator of the aircraft;
(c) the person carrying out the repairs or replacements shall keep in the aircraft log book kept in respect of the aircraft under article 17 a record which identifies the repairs or replacement and shall sign and date the entries; and
(d) any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by the Department either generally or in relation to a class of aircraft or one particular aircraft.
(8) Neither—
(a) equipment provided in compliance with Schedule 3 (except equipment specified in paragraph 4 of that Schedule); nor
(b) radio communication and radio navigation equipment 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 regulations made thereunder;
shall be installed or placed on board for use in an aircraft to which this article applies after being overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued under this Order.
(9) A certificate of release to service issued under this Order shall—
(a) certify that the aircraft or any part thereof or its equipment has been overhauled, repaired, replaced, modified or maintained, as the case may be, in a manner and with material of a type approved by the Department either generally or in relation to a class of aircraft or the particular aircraft and shall identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates and shall include particulars of the work done; or
(b) certify in relation to any inspection required by the Department that the aircraft or the part thereof or its equipment, as the case may be, has been inspected in accordance with the requirements of the Department and that any consequential repair, replacement or modification has been carried out.
(10) A certificate of release to service issued under this Order may be issued only by—
(a) the holder of an aircraft maintenance engineer’s licence rendered valid under this Order, in accordance with the privileges endorsed on the licence;
(b) the holder of an aircraft maintenance engineer’s licence or authorisation as such an engineer granted or issued by or under the law of any Contracting State in which the overhaul, repair, replacement, modification, maintenance or inspection has been carried out, but only in respect of aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg and in accordance with the privileges endorsed on the licence;
(c) a person approved by the Department as being competent to issue such certification, and in accordance with that approval;
(d) a person whom the Department has authorised to issue the certificate in a particular case, and in accordance with that authority;
(e) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot’s Licence (Aeroplanes) or a Flight Navigator’s Licence rendered valid under this Order;
(f) a person approved in accordance with Part 145 whose approval is rendered valid under this Order, and in accordance with that approval; or
(g) the holder of an aircraft maintenance licence under Part 66 rendered valid under this Order, in accordance with the privileges endorsed on the licence.
(11) 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.
13.—(1) The Department may, subject to such conditions as it thinks fit, issue a certificate of validation of—
(a) an aircraft maintenance engineer’s licence granted in accordance with the laws and procedures of a Contracting State;
(b) an approval given in accordance with Part 145; or
(c) an aircraft maintenance licence granted under Part 66.
(2) The holder of a licence rendered valid under paragraph (1) shall not exercise the privileges of such a licence if he knows or suspects that his physical or mental condition renders him unfit to exercise such privileges.
(3) The holder of a licence rendered valid under paragraph (1) shall not, when exercising the privileges of such a licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.
14.—(1) An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made, in accordance with International Standards.
(2) In the case of any aircraft registered in the Isle of Man the equipment required to be provided (in addition to any other equipment required by or under this Order) shall—
(a) be that specified in such parts of Schedule 3 as are applicable in the circumstances;
(b) comply with the provisions of that Schedule;
(c) except that specified in paragraph 4 of that Schedule, be of a type approved by the Department either generally or in relation to a class of aircraft or in relation to that aircraft; and
(d) be installed in a manner approved by the Department.
(3) In any particular case the Department may direct that an aircraft registered in the Isle of Man shall carry such additional or special equipment or supplies as it may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft.
(4) The equipment carried in compliance with this article shall be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended.
(5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft.
(6) All equipment installed or carried in an aircraft, whether or not in compliance with this article, shall be so installed or stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.
(7) Without prejudice to paragraph (2), all navigational equipment capable of establishing the aircraft’s position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting upon it when carried in an aircraft registered in the Isle of Man (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Department either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
(8) This article does not apply in relation to radio communication and radio navigation equipment except any specified in Schedule 3.
15.—(1) An aircraft shall not fly unless it is so equipped with radio communication and radio navigation equipment as to comply with the law of the country in which the aircraft is registered or the State of the operator and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order and any regulations made thereunder.
(2) Without prejudice to paragraph (1), the aircraft shall be equipped with radio communication and radio navigation equipment in accordance with Schedule 4.
(3) In any particular case the Department may direct that an aircraft registered in the Isle of Man shall carry such additional or special radio communication or radio navigation equipment as it may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.
(4) Subject to such exceptions as may be prescribed, the radio communication and radio navigation equipment provided in compliance with this article in an aircraft registered in the Isle of Man shall always be maintained in serviceable condition.
(5) All radio communication and radio navigation equipment installed in an aircraft registered in the Isle of Man or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Department in relation to the purpose for which it is to be used.
(6) Neither the equipment referred to in paragraph (5) nor the manner in which it is installed shall be modified except with the approval of the Department.
16.—(1) The Department may grant in respect of any aircraft or class of aircraft registered in the Isle of Man a permission permitting such aircraft to commence a flight in specified circumstances notwithstanding that any specified item of equipment required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.
(2) An aircraft registered in the Isle of Man shall not commence a flight if any of the equipment required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use unless the aircraft does so under and in accordance with the terms of a permission under this article which has been granted to the operator.
17.—(1) In addition to any other log books required by or under this Order, the following log books shall be kept in respect of aircraft registered in the Isle of Man—
(a) an aircraft log book;
(b) a separate log book in respect of each engine fitted in the aircraft; and
(c) a separate log book in respect of each variable pitch propeller fitted to the aircraft.
(2) The log books shall include the particulars respectively specified in Schedule 5 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 Department.
(3) Each entry in the log book—
(a) other than such an entry as is referred to in paragraph 2(4)(b) or 3(4)(b) of Schedule 5, 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 review (if any) in force in respect of the aircraft at the time of the occurrence;
(b) being such an entry as is referred to in paragraph 2(4)(b) or 3(4)(b) of Schedule 5 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) Any document which is incorporated by reference in a log book shall be deemed, for the purposes of this Order, to be part of the log book.
(5) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept to keep them or cause them to be kept in accordance with the foregoing provisions of this article.
(6) Subject to article 52 every log book shall be preserved by the operator of the aircraft for a period of at least 2 years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use.
18.—(1) Every flying machine and glider in respect of which a certificate of airworthiness issued by the Department or rendered valid under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Department may require or approve in the case of that aircraft.
(2) Upon the aircraft being weighed the operator of the aircraft shall prepare a weight schedule showing—
(a) either the basic weight of the aircraft, that is to say, the empty weight of the aircraft established in accordance with the type certification basis of the aircraft or such other weight as may be approved by the Department in the case of that aircraft; and
(b) either the position of the centre of gravity of the aircraft at its basic weight or such other position of the centre of gravity as may be approved by the Department in the case of that aircraft.
(3) Subject to article 52 the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this article.
19. The Department may cause such inspections, investigations, tests, experiments and flight trials to be made as it deems necessary for the purposes of this Part of this Order and any person authorised to do so in writing by the Department may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory.
The Air Navigation (Isle of Man) Order 2007