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(3) Subject to paragraphs (4) and (5)—

(a) a combined cockpit voice recorder/flight data recorder which meets the following requirements—

(i) in the case of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (1) the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;

(ii) in the case of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (2) the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;

(iii) the cockpit voice recorder shall be capable of recording and retaining at least the last hour of cockpit voice recording information on not less than three separate channels;

(b) in any case when a combined cockpit voice recorder/flight data recorder specified at paragraph (3)(a) is required to be carried by or under this Order, the flight data recorder shall be capable of retaining—

(i) as protected data the data recorded during at least the last 5 hours of its operation or the maximum duration of the flight, whichever is the greater; and

(ii) additional data as unprotected data for a period which together with the period for which protected data is required to be retained amounts to a total of 8 hours; provided that the flight data recorder need not be capable of retaining the said additional data if additional data is retained which relates to the period immediately preceding the period to which the required protected data relates or for such other period or periods as the Governor may permit under article 56 and the additional data is retained in accordance with arrangements approved by the Governor.

(4) A helicopter or gyroplane shall not be required to carry the equipment specified in paragraphs (1) to (3) if, before take-off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Governor.

(5) With the exception of flight data which it is expressly stated above may be unprotected, the cockpit voice recorder, flight data recorder or combined cockpit voice recorder/flight data recorder, as the case may be, shall be so constructed and installed that the record (herein referred to as “protected data”) would be likely to be preserved in the event of an accident and each cockpit voice recorder, flight data recorder or combined cockpit voice recorder/flight data recorder required to be carried on the helicopter or gyroplane shall have attached an automatically activated underwater sonar location device or an emergency locator radio transmitter.

Scale T

An underwater sonar location device except in respect of those helicopters or gyroplanes which are required to carry equipment in accordance with Scale SS.

Scale U

(1) 1 survival beacon radio apparatus.

(2) Marine type pyrotechnical distress signals.

(3) For each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets.

(4) For each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers.

(5) First aid equipment.

Scale V

(1) 1 survival beacon radio apparatus.

(2) Marine type pyrotechnical distress signals.

(3) For each 4 or proportion of 4 persons on board, 100 grammes of glucose toffee tablets.

(4) For each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers.

(5) First aid equipment.

(6) For every 75 or proportion of 75 persons on board, 1 stove suitable for use with aircraft fuel.

(7) 1 cooking utensil, in which snow or ice can be melted.

(8) 2 snow shovels.

(9) 2 ice saws.

(10) Single or multiple sleeping-bags, sufficient for the use of one-third of all persons on board.

(11) 1 arctic suit for each member of the crew of the aircraft.

Scale W

(1) Subject to paragraph (2), cosmic radiation detection equipment calibrated in millirems per hour and capable of indicating the action and alert levels of radiation dose rate.

(2) An aircraft shall not be required to carry the said equipment if before take-off the equipment is found to be unserviceable and it is not reasonably practicable to repair or replace it at the aerodrome of departure and the radiation forecast available to the commander of the aircraft indicates that hazardous radiation conditions are unlikely to be encountered by the aircraft on its intended route or any planned diversion therefrom.

Scale X

(1) Subject to paragraph (3), a Terrain Awareness and Warning System known as Class A, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including excessive closure rate to terrain, flight into terrain when not in landing configuration, excessive downward deviation from an instrument landing system glideslope, a predictive terrain hazard warning function and a visual display.

(2) Subject to paragraph (3), a Terrain Awareness and Warning System known as Class B, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including a predictive terrain hazard warning function.

(3) If the equipment becomes unserviceable, the aircraft may fly or continue to fly until it first lands at a place at which it is reasonably practicable for the equipment to be repaired or replaced.

Scale Y

(1) If the aircraft may in accordance with its certificate of airworthiness carry more than 19 and less than 100 passengers, one portable battery-powered megaphone capable of conveying instructions to all persons in the passenger compartment and readily available for use by a member of the crew.

(2) If the aircraft may in accordance with its certificate of airworthiness carry more than 99 and less than 200 passengers, 2 portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and each readily available for use by a member of the crew.

(3) If the aircraft may in accordance with its certificate of airworthiness carry more than 199 passengers, 3 portable battery-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and each readily available for use by a member of the crew.

(4) If the aircraft may in accordance with its certificate of airworthiness carry more than 19 passengers—

(a) a public address system; and

(b) an interphone system of communication between members of the flight crew and the cabin crew.

Scale Z

(1) An emergency lighting system to provide illumination in the passenger compartment sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2) of Scale G.

(2) An emergency lighting system to provide illumination outside the aircraft sufficient to facilitate the evacuation of the aircraft.

(3) An emergency floor path lighting system in the passenger compartment sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2) of Scale G; provided that if the equipment becomes unserviceable the aircraft may fly or continue to fly in accordance with arrangements approved by the Governor.

Article 16(2)

SCHEDULE 5 RADIO COMMUNICATION AND RADIO NAVIGATION EQUIPMENT TO BE CARRIED IN AIRCRAFT

1.  Subject to paragraph 3, every aircraft shall be provided, when flying in the circumstances specified in the first column of the Table in paragraph 2 of this Schedule, with the scales of equipment respectively indicated in the second column of that Table; provided that, if the aircraft is flying in a combination of such circumstances the scales of equipment shall not on that account be required to be duplicated.

2.  Table

Aircraft and Circumstances of Flight Scale of Equipment Required
A B C D E F G H J
(1) All aircraft (other than gliders) within the Territory—
(a) when flying under Instrument Flight Rules within controlled airspace A E1 F
(b) when flying within controlled airspace A
(c) when making an approach to landing at an aerodrome notified for the purpose of this sub-paragraph G
(d) when flying for the purpose of commercial air transport E1
(2) All aircraft within the Territory—
(a) when flying at or above flight level 245 A
(b) when flying within airspace notified for the purposes of this sub paragraph A
(3) All aircraft (other than gliders) within the Territory—
(a) when flying at or above flight level 245 E1 F
(b) when flying within airspace notified for the purposes of this sub-paragraph E1
(c) when flying at or above flight level 100 E1
(4) When flying under Instrument Flight Rules within airspace notified for the purposes of this paragraph—
(a) all aeroplanes having a maximum take-off weight authorised not exceeding 5,700 kg and a maximum cruising true airspeed capability not exceeding 250 knots E2
(b) all rotorcraft E2
(c) all aeroplanes having either a maximum take-off weight authorised of more than 5,700 kg or a maximum cruising true airspeed capability of more than 250 knots E3
(d) all aircraft required to carry Scale E2 or E3 EE
(5) All aircraft (other than gliders) registered in the Territory, wherever they may be—
(a) when flying for the purpose of commercial air transport under Instrument Flight Rules—
(i) while making an approach to landing A C D H
(ii) on all other occasions A C H
(b) when flying for the purpose of commercial air transport E1
(c) multi-engined aircraft when flying for the purpose of commercial air transport under Visual Flight Rules A H
(d) single-engined aircraft when flying for the purpose of commercial air transport under Visual Flight Rules—
(i) over a route on which navigation is effected solely by visual reference to landmarks A
(ii) on all other occasions A B
(e) when flying under Instrument Flight Rules and not required to comply with paragraph (5)(a) above A
(6) All aeroplanes registered in the Territory, wherever they may be, and all aeroplanes wherever registered when flying in the Territory, powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off weight exceeding 15,000 kg or with a maximum approved passenger seating configuration of more than 30 J
(7) All aeroplanes powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off weight exceeding 5,700 kg or a maximum approved passenger seating configuration of more than 19; and—
(a) registered in the Territory and flying for the purpose of commercial air transport; or J
(b) registered in the Territory and flying within the airspace of the member states of the European Civil Aviation Conference; or J
(c) flying in the Territory J

3.—(1) In the case of sub-paragraphs (1), (2), (3), (4)(a), (4)(c) and (5)(e) of paragraph 2, the specified equipment need not be carried if the appropriate air traffic control unit otherwise permits in relation to the particular flight and the aircraft complies with any instructions which the air traffic control unit may give in the particular case.

(2) An aircraft which is not a commercial air transport aircraft and which is flying in Class D or Class E airspace shall not be required to be provided with distance measuring equipment in accordance with paragraph (b) of Scale F when flying in the circumstances specified in sub-paragraph (1)(a) of paragraph 2.

4.  The scales of radio communication and radio navigation equipment indicated in the foregoing Table shall be as follows—

Scale A

Radio communication equipment capable of maintaining direct two-way communication with the appropriate air traffic control units on the intended route using the frequencies notified or otherwise designated by the competent authority for that purpose.

Scale B

Radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including such equipment as may be prescribed.

Scale C

Radio communication equipment capable of receiving from the appropriate aeronautical radio stations meteorological broadcasts relevant to the intended flight.

Scale D

Radio navigation equipment capable of receiving signals from one or more aeronautical radio stations on the surface to enable the aircraft to be guided to a point from which a visual landing can be made at the aerodrome at which the aircraft is to land.

Scale E1

Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

Scale E2

Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and has the capability and functionality prescribed for Mode S Elementary Surveillance and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

Scale E3

Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and has the capability and functionality prescribed for Mode S Enhanced Surveillance and is capable of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.

Scale EE

The aircraft shall, in the circumstances specified in paragraph 2.1.5.3 of Volume IV (Third Edition July 2002) of Annex 10 to the Chicago Convention, comply with the requirements for antenna diversity set out in that paragraph.

Scale F

Radio communication and radio navigation equipment capable of enabling the aircraft to be navigated along the intended route including—

(a) automatic direction finding equipment;

(b) distance measuring equipment; and

(c) VHF omni-range equipment.

Scale G

Radio navigation equipment capable of enabling the aircraft to make an approach to landing using the Instrument Landing System.

Scale H

(1) Subject to paragraphs (2) and (3), radio navigation equipment capable of enabling the aircraft to be navigated on the intended route including—

(a) automatic direction finding equipment;

(b) distance measuring equipment;

(c) duplicated VHF omni-range equipment; and

(d) a 75 MHz marker beacon receiver.

(2) An aircraft may fly notwithstanding that it does not carry the equipment specified in this Scale if it carries alternative radio navigation equipment or navigational equipment approved in accordance with article 16(2).

(3) Where not more than one item of equipment specified in this Scale is unserviceable when the aircraft is about to begin a flight, the aircraft may nevertheless take off on that flight if—

(a) it is not reasonably practicable for the repair or replacement of that item to be carried out before the beginning of the flight;

(b) the aircraft has not made more than one flight since the item was last serviceable; and

(c) the commander of the aircraft has satisfied himself that, taking into account the latest information available as to the route and aerodrome to be used (including any planned diversion) and the weather conditions likely to be encountered, the flight can be made safely and in accordance with any relevant requirements of the appropriate air traffic control unit.

Scale J

An airborne collision avoidance system.

5.  In this Schedule—

(1) “Airborne collision avoidance system” means an aeroplane system which conforms to requirements prescribed for the purpose; is based on secondary surveillance radar transponder signals; operates independently of ground based equipment and which is designed to provide advice and appropriate avoidance manoeuvres to the pilot in relation to other aeroplanes which are equipped with secondary surveillance radar and are in undue proximity;

(2) “Automatic direction finding equipment” means radio navigation equipment which automatically indicates the bearing of any radio station transmitting the signals received by such equipment;

(3) “Distance measuring equipment” means radio equipment capable of providing a continuous indication of the aircraft’s distance from the appropriate aeronautical radio stations;

(4) “Mode A” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for identity and surveillance with identity provided in the form of a 4 digit identity code;

(5) “Mode C” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for automatic pressure-altitude transmission and surveillance;

(6) “Secondary surveillance radar equipment” means such type of radio equipment as may be notified as being capable of—

(a) replying to an interrogation from secondary surveillance radar units on the surface; and

(b) being operated in accordance with such instructions as may be given to the aircraft by the appropriate air traffic control unit;

(7) “VHF omni-range equipment” means radio navigation equipment capable of giving visual indications of bearings of the aircraft by means of signals received from very high frequency omni-directional radio ranges.

(8) For the purposes of paragraphs 3 and 4 of this schedule, the prescribed requirements for an airborne collision avoidance system shall be the requirements for ACAS II equipment set out in Volume IV, Chapter 4, of Annex 10 (Third Edition) to the Chicago Convention.

(9) For the purposes of paragraph 3 of this schedule, the capability and functionality prescribed for Mode S Elementary Surveillance and Mode S Enhanced Surveillance shall be that specified for a level 2 transponder in Volumes III (First Edition) and IV (Third Edition) of Annex 10 to the Chicago Convention.