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45. A person shall not act as a member of the crew of an aircraft if he knows or suspects that he is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants.
46.—(1) Subject to paragraph (2), a person shall not act as a member of the flight crew of an aircraft registered in the Isle of Man if at the beginning of the flight the aggregate of all his previous flight times—
(a) during the period of 28 consecutive days expiring at the end of the day on which the flight begins exceeds 100 hours; or
(b) during the period of twelve months expiring at the end of the previous month exceeds 900 hours.
(2) This article shall not apply to a flight which is—
(a) a private flight in an aircraft of which the maximum total weight does not exceed 1,600 kg; or
(b) a flight where, at the time when the flight begins, the aggregate of all the flight times of the member of the flight crew concerned since he was last medically examined and found fit by an authorised aviation medical examiner does not exceed 25 hours.
47.—(1) A relevant undertaking shall take appropriate measures to—
(a) assess the exposure to cosmic radiation when in flight of those air crew who are liable to be subject to cosmic radiation in excess of 1 milliSievert per year;
(b) take into account the assessed exposure when organising work schedules with a view to reducing the doses of highly exposed air crew; and
(c) inform the workers concerned of the health risks their work involves.
(2) A relevant undertaking shall ensure that in relation to a pregnant air crew member, the conditions of exposure to cosmic radiation when she is in flight are such that the equivalent dose to the foetus will be as low as reasonably achievable and is unlikely to exceed 1 milliSievert during the remainder of the pregnancy.
(3) Nothing in paragraph (2) requires the undertaking concerned to take any action in relation to an air crew member until she has notified the undertaking in writing that she is pregnant.
(4) The definition in article 68 of “crew” does not apply for the purposes of this article.
(5) In this article and in article 49—
(a) “air crew” has the same meaning as in article 42 of Council Directive 96/29/Euratom of 13th May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation(4); and
(b) “undertaking” includes a natural or legal person and “relevant undertaking” means an undertaking established in the Isle of Man which operates aircraft.
(6) In this article—
(a) “highly exposed air crew” and “milliSievert” have the same respective meanings as in article 42 of Council Directive 96/29/Euratom; and
(b) “year” means any period of twelve months.
48.—(1) An aircraft shall not fly unless it carries the documents which it is required to carry under the law of the country in which it is registered.
(2) Subject to paragraph (3), an aircraft registered in the Isle of Man shall, when in flight, carry documents in accordance with Schedule 7.
(3) If the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the Isle of Man, the documents may be kept at that aerodrome instead of being carried in the aircraft.
49.—(1) A relevant undertaking shall keep a record for the period and in the manner prescribed of the exposure to cosmic radiation of air crew assessed under article 47 and the names of the air crew concerned.
(2) A relevant undertaking shall, within a reasonable period after being requested to do so by an authorised person, cause to be produced to that person the record required to be kept under paragraph (1).
(3) A relevant undertaking shall, within a reasonable period after being requested to do so by a person in respect of whom a record is required to be kept under paragraph (1), supply a copy of that record to that person.
50.—(1) The commander of an aircraft shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person—
(a) the certificates of registration and airworthiness in force in respect of the aircraft;
(b) the licences of its flight crew; and
(c) such other documents as the aircraft is required by article 48 to carry when in flight.
(2) The operator of an aircraft registered in the Isle of Man shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents or records as have been requested by that person being documents or records which are required, by or under this Order, to be in force or to be carried, preserved or made available—
(a) the documents referred to in Schedule 7 as Documents A, B and G;
(b) the aircraft log book, engine log books and variable pitch propeller log books required under this Order to be kept;
(c) the weight schedule, if any, required to be preserved under article 18(3);
(d) such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate;
(e) the record made by any flight data recorder required to be carried by or under this Order.
(3) The holder of a licence rendered valid under this Order or of a medical certificate required under article 21(2)(b)(ii) shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person his licence, including any certificate of validation.
51. An authorised person shall have the power to inspect and copy any certificate, licence, log book, document or record which he has the power under this Order or any regulations made thereunder to require to be produced to him.
52.—(1) Subject to paragraphs (2), (3) and (4), a person required by this Order to preserve any document or record by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his personal representative.
(2) If another person becomes the operator of the aircraft, the first-mentioned operator or his personal representative shall deliver to that person upon demand the certificate of release to service, the log books and the weight schedule and any record made by a flight data recorder and preserved in accordance with article 34(2) and (4) which are in force or required to be preserved in respect of that aircraft.
(3) If an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person the first-mentioned operator or his personal representative shall deliver to that person upon demand the log book relating to that engine or propeller.
(4) It shall be the duty of the other person referred to in paragraphs (2) and (3) to deal with the document or record delivered to him as if he were the first-mentioned operator.
53.—(1) Subject to paragraph (5), the Department may, if it thinks fit, provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under this Order, pending inquiry into or consideration of the case.
(2) The Department may, on sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.
(3) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the Department within a reasonable time after being required to do so by the Department.
(4) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a licence issued in respect of an aerodrome, has been granted or issued or which has effect under this Order shall, in the absence of provision to the contrary in the document, render the document invalid during the continuance of the breach.
(5) Notwithstanding paragraph (1), a flight manual, performance schedule or other document incorporated by reference in a certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Department, whether or not after due inquiry.
54.—(1) A person shall not with intent to deceive—
(a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under this Order which has been forged, altered, revoked or suspended, or to which he is not entitled;
(b) lend any certificate, licence, approval, permission, exemption or any other document issued or having effect or required by or under this Order to, or allow it to be used by, any other person; or
(c) make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, licence, approval, permission or exemption or other document;
and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy.
(2) A person shall not intentionally damage, alter or render illegible any log book or other record required by or under this Order to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under this Order to be preserved.
(3) All entries made in writing in any log book or record referred to in paragraph (2) shall be made in ink or indelible pencil.
(4) A person shall not knowingly make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet.
(5) A person shall not purport to issue any certificate for the purposes of this Order or of any regulations made thereunder unless he is authorised to do so under this Order.
(6) A person shall not issue any such certificate as aforesaid unless he has satisfied himself that all statements in the certificate are correct.
O.J. No. L159, 29.6.96, p. 1. Back [4]
The Air Navigation (Isle of Man) Order 2007