Office of Public Sector Information
SCHEDULE 7 continued PART B
| Article of order | Subject matter |
|---|---|
| 7 | Flight without a certificate of airworthiness |
| 32(1) | Operator’s obligation to regulate flight times of flight crew |
| 32(2) | Operator’s obligation not to allow flight by crew in dangerous state of fatigue |
| 33(1) | Crew’s obligation not to fly in dangerous state of fatigue |
| 35 | Protection of air crew from cosmic radiation |
| 36 | Keeping and production of records of exposure to cosmic radiation |
| 41 | Operation of aircraft |
| 57 | Prohibition of carriage of weapons and munitions of war |
| 58 | Prohibition of carriage of dangerous goods |
| 64 | Flight for the purpose of commercial air transport without an air operator’s certificate |
| 65 | Flight in the service of a police authority without a police air operator’s certificate |
| 86 | Provision of an air traffic control service without an approval |
| 96 | Prohibition of drunkenness etc of controllers |
| 97 | Controller’s obligation not to act in a dangerous state of fatigue |
| 114(4) | Use of aviation fuel which is unfit for use in aircraft |
| 124 (except(3)) | Use of false or unauthorised documents and records |
| 125 | Endangering safety of aircraft |
| 126 | Endangering safety of persons or property |
| 127 | Prohibition of drunkenness in aircraft |
| 130(c) | Acting in disruptive manner and intentional interference |
| 135 | Restriction of flights for valuable consideration by aircraft registered elsewhere than in the Territory |
| 137 | Restriction of flights for aerial photography, aerial survey and aerial work by aircraft registered elsewhere than in the Territory |
| 138 | Operators’ or pilot-in-commands’ obligations in respect of flights over any foreign country |
| 139(8) | Making false reports |
| 141 | Flight in contravention of direction not to fly |
Article 37
1. In these Rules—
(a) ‘air-taxiing’ means flight by a helicopter, or other type of aircraft capable of vertical take-off and landing, above the surface of an aerodrome at a ground speed of less than 20 knots for the purpose of taxiing in accordance with normal aviation practice;
(b) ‘air traffic control clearance’ means an authorisation by an air traffic control unit for an aircraft to proceed under conditions specified by that unit;
(c) ‘anti-collision light’ means—
(i) in relation to rotorcraft, a flashing red light;
(ii) in relation to any other aircraft, a flashing red or flashing white light;
in either case showing in all directions;
(d) ‘Class C ATS route’ means a route notified as such;
(e) ‘flight plan’ means a plan containing such information as may be notified in respect of an air traffic control service unit, being information provided or to be provided to that unit which relates to an intended flight, or part of a flight, of an aircraft;
(f) ‘flight visibility’ means the visibility forward from the flight deck of an aircraft in flight;
(g) ‘ground visibility’ means the horizontal visibility at ground level;
(h) ‘IFR flight’ means a flight conducted in accordance with the Instrument Flight Rules in Section 7 of these Rules;
(i) ‘runway’ means an area, whether or not paved, which is provided for the take-off or landing of aircraft;
(j) ‘simulated instrument flight conditions’ means a flight during which mechanical or optical devices are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft;
(k) ‘special VFR flight’ means a flight—
(i) made at any time in a control zone which is Class A airspace; or
(ii) made in any other control zone in either Instrument Meteorological Conditions or at night;
(iii) in respect of which the appropriate air traffic control unit has given permission for the flight to be made in accordance with special instructions given by that unit instead of in accordance with the Instrument Flight Rules; and
(iv) in the course of which the aircraft complies with any instructions given by that unit and the aircraft remains clear of cloud and with the surface in sight;
(l) ‘VFR flight’ means a flight conducted in accordance with the Visual Flight Rules in Section 5 of these Rules;
(m) ‘with the surface in sight’ means with the flight crew being able to see sufficient surface features or surface illumination to enable the flight crew to maintain the aircraft in a desired attitude without reference to any flight instrument.
2. These Rules, insofar as they apply to aircraft, shall apply—
(a) to all aircraft within the Territory; and
(b) for the purposes of rule 5, to all aircraft in the neighbourhood of an offshore installation; and
(c) to all aircraft registered in the Territory, wherever they may be.
3.—(1) A signal or marking which is given a meaning by Section IX or which is required by Section IX to be used in specified circumstances or for a specified purpose shall not be used except with that meaning, in those circumstances or for that purpose.
(2) A person in an aircraft or on an aerodrome or at any place at which an aircraft is taking off or landing shall not—
(a) make any signal which may be confused with a signal specified in Section IX; or
(b) except with lawful authority, make any signal which he knows or ought reasonably to know to be a signal in use for signalling to or from any of Her Majesty’s naval, military or air force aircraft.
(3) Signals prescribed in accordance with general international aeronautical practice for the purposes of search and rescue shall not be used for any purpose other than that intended.
4.—(1) If any aircraft encounters hazardous conditions in the course of a flight, the pilot-in-command of the aircraft shall send to the appropriate air traffic control unit, by the quickest means available to him, information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.
(2) The information shall be sent immediately the aircraft encounters the hazardous conditions or as soon as it is possible to do so afterwards.
5.—(1) Subject to paragraph (2), an aircraft shall comply with the low flying prohibitions in paragraph (3) unless exempted by rule 6.
(2) If an aircraft is flying in circumstances such that more than one of the low flying prohibitions applies, it shall fly at the greatest height required by any of the applicable prohibitions.
(3) The low flying prohibitions are as follows—
(a) Failure of power unit
An aircraft shall not be flown below such height as would enable it to make an emergency landing without causing danger to persons or property on the surface in the event of a power unit failure.
(b) The 500 feet rule
Except with the permission in writing of the Governor, an aircraft shall not be flown closer than 500 feet to any person, vessel, vehicle or structure.
(c) The 1,000 feet rule
Except with the written permission of the Governor, an aircraft flying over a congested area of a city town or settlement shall not fly below a height of 1,000 feet above the highest fixed obstacle within a horizontal radius of 600 metres of the aircraft.
(d) The land clear rule
An aircraft flying over a congested area of a city, town or settlement shall not fly below such height as would permit the aircraft to land clear of the congested area in the event of a power unit failure.
(e) Flying over open air assemblies
Except with the written permission of the Governor, an aircraft shall not fly over an organised open-air assembly of more than 1,000 persons below whichever is the higher of the following heights—
(i) 1,000 feet; or
(ii) such height as would permit the aircraft to land clear of the assembly in the event of a power unit failure.
(f) Landing and taking off near open air assemblies
An aircraft shall not land or take-off within 1,000 metres of an organised, open-air assembly of more than 1,000 persons except—
(i) at an aerodrome, in accordance with procedures notified by the Governor; or
(ii) at a landing site which is not an aerodrome, in accordance with procedures notified by the Governor and with the written permission of the organiser of the assembly.
6. The exemptions from the low flying prohibitions are as follows—
(a) Landing and taking off
(i) Any aircraft shall be exempt from the low flying prohibitions in so far as it is flying in accordance with normal aviation practice for the purpose of—
(aa) taking off from, landing at or practising approaches to landing at; or
(bb) checking navigational aids or procedures at,
a government or certificated aerodrome.
(ii) Any aircraft shall be exempt from the 500 feet rule when landing and taking-off in accordance with normal aviation practice or air-taxiing.
(b) Captive balloons and kites
None of the low flying prohibitions shall apply to any captive balloon or kite.
(c) Special VFR flight and notified routes
(i) Subject to paragraph (ii), any aircraft shall be exempt from the 1,000 feet rule if—
(aa) it is flying on a special VFR flight; or
(bb) it is operating in accordance with the procedures notified for the route being flown.
(ii) Unless the written permission of the Governor has been obtained landings may only be made by an aircraft flying under this exemption at a certificated or Government aerodrome.
(d) Balloons and helicopters over congested areas
(i) A balloon shall be exempt from the 1,000 feet rule if it is landing because it is becalmed.
(ii) Any helicopter flying over a congested area shall be exempt from the land clear rule.
(e) Police air operator’s certificate
Any aircraft flying in accordance with the terms of a police air operator’s certificate shall be exempt from the 500 feet rule, the 1,000 feet rule and the prohibitions on flying over open air assemblies and on landing and taking off near open air assemblies.
(f) Flying displays etc
An aircraft taking part in a flying display shall be exempt from the 500 feet rule if it is within a horizontal distance of 1,000 metres of the gathering of persons assembled to witness the event.
(g) Glider hill-soaring
A glider shall be exempt from the 500 feet rule if it is hill-soaring.
(h) Picking up and dropping at an aerodrome
Any aircraft picking up or dropping tow ropes, banners or similar articles at an aerodrome shall be exempt from the 500 feet rule.
(i) Manoeuvring helicopters
(i) Subject to paragraph (ii), a helicopter shall be exempt from the 500 feet rule if it is conducting manoeuvres, in accordance with normal aviation practice, within the boundaries of a certificated or Government aerodrome or, with the written permission of the Governor, at other sites.
(ii) When flying in accordance with this exemption the helicopter must not be operated closer than 60 metres to any persons, vessels, vehicles or structures located outside the aerodrome or site.
(j) Dropping articles with the permission of the Governor
Any aircraft shall be exempt from the 500 feet rule if it is flying in accordance with—
(i) article 81(3)(f) of this Order; or
(ii) an aerial work certificate granted by the Governor under article 78(2) of this Order.
7.—(1) Subject to paragraph (2), immediately before an aircraft flies the pilot-in-command of the aircraft shall examine the current reports and forecasts of the weather conditions on the proposed flight path, in order to determine whether Instrument Meteorological Conditions prevail, or are likely to prevail, during any part of the flight.
(2) Paragraph (1) shall only apply if it is reasonably practicable for the pilot-in-command to obtain current reports and forecasts of the weather conditions on the proposed flight path.
(3) Subject to paragraph (4), an aircraft which is unable to communicate by radio with an air traffic control unit at the aerodrome of destination shall not begin a flight to the aerodrome if—
(a) the aerodrome is within a control zone; and
(b) the weather reports and forecasts which it is reasonably practicable for the pilot-in-command of the aircraft to obtain indicates that it will arrive at that aerodrome when the ground visibility is less than 10 km or the cloud ceiling is less than 1,500 feet.
(4) Paragraph (3) shall not apply if, before take-off, the pilot-in-command of the aircraft has obtained permission from the air traffic control unit at the aerodrome of destination to enter the aerodrome traffic zone.
8.—(1) Notwithstanding that a flight is being made with air traffic control clearance it shall remain the duty of the pilot-in-command of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft.
(2) An aircraft shall not be flown in such proximity to other aircraft as to create a danger of collision.
(3) Subject to paragraph (7), aircraft shall not fly in formation unless the pilots-in-command of the aircraft have agreed to do so.
(4) An aircraft which is obliged by this Section to give way to another aircraft shall avoid passing over or under the other aircraft, or crossing ahead of it, unless passing well clear of it.
(5) Subject to paragraph (7), an aircraft which has the right-of-way under this rule shall maintain its course and speed.
(6) For the purposes of this rule a glider and a flying machine which is towing it shall be considered to be a single aircraft under the command of the pilot-in-command of the flying machine.
(7) Paragraphs (3) and (5) shall not apply to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.
9.—(1) Subject to paragraphs (2) and (3) and to rules 10 and 11, aircraft in the air shall give way to other, converging aircraft as follows—
(a) flying machines shall give way to airships, gliders and balloons;
(b) airships shall give way to gliders and balloons;
(c) gliders shall give way to balloons.
(2) Mechanically driven aircraft shall give way to aircraft which are towing other aircraft or objects.
(3) Subject to paragraph (2), when two aircraft are converging in the air at approximately the same altitude, the aircraft which has the other on its right shall give way.
10. When two aircraft are approaching head-on, or approximately so, in the air and there is a danger of collision, each shall alter its course to the right.
11.—(1) Subject to paragraph (3), an aircraft which is being overtaken in the air shall have the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering course to the right.
(2) An aircraft which is overtaking another aircraft shall keep out of the way of the other aircraft until that other aircraft has been passed and is clear, notwithstanding any change in the relative positions of the two aircraft.
(3) A glider overtaking another glider in the Territory may alter its course to the right or to the left.
12.—(1) Subject to paragraph (2), a flying machine, glider or airship flying in the vicinity of what the pilot-in-command of the aircraft knows, or ought reasonably to know, to be an aerodrome shall—
(a) conform to the pattern of traffic formed by other aircraft intending to land at that aerodrome or keep clear of the airspace in which the pattern is formed; and
(b) make all turns to the left unless ground signals otherwise indicate.
(2) Paragraph (1) shall not apply if the air traffic control unit at that aerodrome otherwise authorises.
13.—(1) An aircraft landing or on its final approach to land shall have the right-of-way over other aircraft in flight or on the ground or water.
(2) An aircraft shall not cut in front of another aircraft on its final approach to land or overtake that aircraft.
(3) If an air traffic control unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order.
(4) If the pilot-in-command of an aircraft is aware that another aircraft is making an emergency landing, he shall give way to that aircraft.
(5) If the pilot-in-command gives way in the circumstances referred to in paragraph (4) at night then, notwithstanding that he may have previously received permission to land, he shall not attempt to land until he has received further permission to do so.
(6) Subject to paragraphs (2), (3) and (4), if two or more flying machines, gliders or airships are approaching any place for the purpose of landing, the aircraft at the lower altitude shall have the right-of-way.
14.—(1) A flying machine, glider or airship shall take off and land in the direction indicated by the ground signals or, if no such signals are displayed, into the wind, unless good aviation practice demands otherwise.
(2) Subject to paragraph (5), a flying machine or glider shall not land on a runway at an aerodrome if there are other aircraft on the runway.
(3) If take-offs and landings are not confined to a runway—
(a) when landing a flying machine or glider shall leave clear on its left any aircraft which has landed, is already landing or is about to take off;
(b) a flying machine or glider which is about to turn shall turn to the left after the pilot-in-command of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and
(c) a flying machine which is about to take off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which has already taken off or is about to take off.
(4) Subject to paragraph (5) a flying machine shall move clear of the landing area as soon as it is possible to do so after landing.
(5) Paragraphs (2) and (4) shall not apply if the air traffic control unit at the aerodrome otherwise authorises the flying machine or glider.
15. An aircraft shall not carry out any aerobatic manoeuvre—
(a) over the congested area of any city, town or settlement; or
(b) within controlled airspace except with the consent of the appropriate air traffic control unit.
16.—(1) Subject to paragraph (2), an aircraft which is flying within the Territory with the surface in sight and following a road, railway, canal or coastline, or any other line of landmarks, shall keep them on its left.
(2) Paragraph (1) shall not apply to an aircraft flying within controlled airspace in accordance with instructions given by the appropriate air traffic control unit.
The Air Navigation (Overseas Territories) Order 2007