Office of Public Sector Information
20.—(1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.
(2) An aircraft registered in the Isle of Man—
(a) shall carry a flight crew adequate in number and description to ensure the safety of the aircraft;
(b) which has a flight manual, shall carry a flight crew of at least the number and description specified in that flight manual;
(c) which does not now have a flight manual but has done in the past, shall carry a flight crew of at least the number and description specified in that flight manual.
(3) An aircraft registered in the Isle of Man which is required by article 15 to be equipped with radio communications apparatus shall carry a flight radiotelephony operator as a member of the flight crew.
(4) The Department may in the interests of safety direct the operator of any aircraft registered in the Isle of Man that all or any aircraft operated by him when flying in circumstances specified in the direction shall carry, in addition to the crew required to be carried therein by the foregoing provisions of this article, such additional persons as members of the flight crew or the cabin crew as it may specify in the direction.
21.—(1) Subject to the provisions of this article, a person shall not act as a member of the flight crew of an aircraft registered in the Isle of Man unless he is the holder of an appropriate licence rendered valid under this Order.
(2) A person may within the Isle of Man without being the holder of such a licence—
(a) act as a flight radiotelephony operator if—
(i) he does so as the pilot of a glider on a private flight and he does not communicate by radiotelephony with any air traffic control unit; or
(ii) he does so as a person being trained in an aircraft registered in the Isle of Man to perform duties as a member of the flight crew of an aircraft and—
(aa) he is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment;
(bb) messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft;
(cc) messages are transmitted only on a frequency exceeding 60 MHz assigned by the Department for the purposes of this sub-paragraph;
(dd) the operation of the transmitter requires the use only of external switches; and
(ee) the stability of the frequency radiated is maintained automatically by the transmitter.
(b) act as pilot in command of an aircraft for the purpose of becoming qualified for the inclusion or variation of any rating in a pilot’s licence if—
(i) he is at least 16 years of age;
(ii) he is the holder of a valid medical certificate to the effect that he is fit so to act, issued by a person approved by the Department;
(iii) he complies with any conditions subject to which that medical certificate was issued;
(iv) the aircraft is not flying for the purpose of public transport or aerial work; and
(v) he so acts in accordance with instructions given by a person holding a pilot’s licence rendered valid under this Order or a JAA licence, being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling him to give instruction in flying the type of aircraft being flown;
(c) act as pilot of an aircraft in respect of which the flight crew required to be carried by or under this Order does not exceed the minimum required for the purpose of becoming qualified for the inclusion or variation of any rating in a pilot’s licence if—
(i) the aircraft is not flying for the purpose of public transport or aerial work;
(ii) he so acts in accordance with instructions given by a person holding a pilot’s licence rendered valid under this Order or a JAA licence, being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling him to give instruction in flying the type of aircraft being flown; and
(iii) the aircraft is fitted with dual controls and he is accompanied in the aircraft by the said instructor who is seated at the other set of controls or the aircraft is fitted with controls designed for and capable of use by two persons and he is accompanied in the aircraft by the said instructor who is seated so as to be able to use the controls;
(d) act as pilot in command of a helicopter or gyroplane at night if—
(i) he is the holder of an appropriate licence rendered valid under this Order in all respects save that the licence does not include an instrument rating and he has not within the immediately preceding 13 months carried out as pilot in command not less than 5 take-offs and 5 landings at a time when the depression of the centre of the sun was not less than 12° below the horizon;
(ii) he so acts in accordance with instructions given by a person holding a pilot’s licence validated under this Order or a JAA licence, being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling him to give instruction in flying the type of helicopter or gyroplane being flown by night;
(iii) no person other than that specified in sub-paragraph (ii) is carried; and
(iv) the helicopter or gyroplane is not flying for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.
(3) Subject as aforesaid, a person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered in a country other than the Isle of Man unless he is the holder of an appropriate licence rendered valid under this Order, and the Department does not give a direction to the contrary.
(4) For the purposes of this Part of this Order—
(a) subject to sub-paragraph (b), a licence granted either under the law of a Contracting State but which is not a JAA licence or a licence granted under the law of a relevant overseas territory; purporting in either case to authorise the holder to act as a member of the flight crew of an aircraft, not being a licence purporting to authorise him to act as a student pilot only, shall, unless the Department gives a direction to the contrary, be deemed to be a licence rendered valid under this Order;
(b) a JAA licence shall, unless the Department gives a direction to the contrary, be deemed to be a licence rendered valid under this Order.
(5) Notwithstanding paragraph (1), a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in the Isle of Man for the purpose of undergoing training or tests for the grant or renewal of a pilot’s licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the conditions specified in paragraph (6) are complied with.
(6) The conditions referred to in paragraph (5) are—
(a) no other person shall be carried in the aircraft or in an aircraft being towed thereby except—
(i) a person carried as a member of the flight crew in compliance with this Order;
(ii) a person authorised by the Department to witness the training or tests or to conduct the tests; or
(iii) if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft; and
(b) the person acting as the pilot of the aircraft without being the holder of an appropriate licence either—
(i) within the period of six months immediately preceding was serving as a qualified pilot of an aircraft in any of Her Majesty’s naval, military or air forces, and his physical condition has not, so far as he is aware, so deteriorated during that period as to render him unfit for the licence for which he intends to qualify; or
(ii) holds a pilot’s, a flight navigator’s or a flight engineer’s licence rendered valid under article 22 and the purpose of the training or test is to enable him to qualify under this Order for the grant of a pilot’s licence or for the inclusion of an additional type in the aircraft rating in his licence, and he acts under the supervision of a person who is the holder of an appropriate licence.
(7) Notwithstanding paragraph (1), a person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the Isle of Man for the purposes of undergoing training or tests for the grant or renewal of a flight navigator’s or a flight engineer’s licence or for the inclusion, renewal or extension of a rating therein, without being the holder of an appropriate licence, if he acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.
(8) An appropriate licence for the purposes of this article means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.
22.—(1) Subject to paragraph (2), the Department may, subject to such conditions as it thinks fit, issue a certificate of validation of a flight crew licence of a class specified in Schedule 6 or of an equivalent licence class, issued by an NAA, subject to the type ratings and privileges attached thereto by the issuing authority, for the purpose of authorising the holder to act as a member of the flight crew of an aircraft registered in the Isle of Man.
(2) The applicant shall furnish such evidence and undergo or produce current certification in respect of such examinations and tests (including in particular medical examinations) and undertake such courses of training as the Department may require for the purpose of a validation under this article.
(3) A certificate of validation under this article—
(a) shall not be valid unless it bears thereon the ordinary signature of the holder in ink or indelible pencil;
(b) subject to article 53, shall—
(i) remain in force for the period indicated in the certificate and may be re-validated by the Department from time to time upon such terms and subject to the satisfaction of such requirements as it thinks fit;
(ii) if no period is indicated in the certificate, remain in force, subject as aforesaid, for the lifetime of the holder.
(4) The Department may by a certificate of validation under this article render valid a rating or qualification in a licence, subject to such conditions as it thinks fit, upon being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating or qualification relates, and such rating or qualification shall be deemed to form part of the licence.
23.—(1) The holder of a licence rendered valid under article 22, 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 an appropriate valid medical certificate issued by an authorised aviation medical examiner; and the certificate shall, without prejudice to paragraph (4), be valid for such period as is therein specified and shall be deemed to form part of the licence.
(2) A person shall not be entitled to act as a member of the flight crew of an aircraft registered in the Isle of Man if he knows or suspects that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.
(3) Every holder of a medical certificate who—
(a) suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew;
(b) suffers any illness involving incapacity to undertake those functions throughout a period of 21 days or more; or
(c) in the case of a woman, has reason to believe that she is pregnant;
shall inform the Department in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 21 days has expired in the case of illness.
(4) The medical certificate shall be deemed to be suspended upon the occurrence of such injury or the expiry of such period of illness or the confirmation of the pregnancy; and—
(a) in the case of injury or illness the suspension shall cease upon the holder being medically examined by an authorised aviation medical examiner and pronounced fit to resume his functions as a member of the flight crew;
(b) in the case of pregnancy, the suspension shall cease after the pregnancy has ended upon the holder being medically examined by an authorised aviation medical examiner after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew by an authorised aviation medical examiner.
The Air Navigation (Isle of Man) Order 2007