Office of Public Sector Information

Notification of arrival and departure

17.—(1) If the pilot-in-command of an aircraft has caused notice of the intended arrival of the aircraft at an aerodrome to be given to the air traffic control unit or other authority at that aerodrome, he shall ensure that the unit or authority is informed as quickly as possible of—

(a) any change of intended destination; and

(b) any estimated delay in arrival of 45 minutes or more.

(2) The pilot-in-command of an aircraft arriving at or departing from an aerodrome in the Territory shall take all reasonable steps to ensure, upon landing or prior to departure, as the case may be, that the person in charge of the aerodrome or the air traffic control unit or flight information service unit at the aerodrome is given notice of the landing or departure.

(3) Before an aircraft of which the maximum total weight authorised exceeds 5,700 kg takes off from an aerodrome in the Territory on a flight with an intended destination more than 40 km from the aerodrome, the pilot-in-command shall cause a flight plan, containing such particulars of the intended flight as may be necessary for search and rescue purposes, to be communicated to the air traffic control unit notified for the purpose of this rule.

Flight in Class A airspace

18.—(1) Subject to paragraphs (2) and (3), the pilot-in-command of an aircraft flying in Visual Meteorological Conditions in Class A airspace shall comply with rules 35, 36 and 37 as if the flight were an IFR flight.

(2) For the purposes of paragraph (1) rule 36(2) shall not apply.

(3) Paragraph (1) shall not apply to the pilot-in-command of a glider which is flying in Class A airspace which is notified for the purpose of this paragraph if the glider is flown in accordance with such conditions as may also be notified for that purpose.

Flight in Class C Airspace

19.—(1) Subject to paragraphs (2) and (3) the pilot-in-command of an aircraft flying in Visual Meteorological Conditions in Class C airspace above flight level 195, or along a Class C ATS route at any level, shall comply with rules 35, 36 and 37 as if the flight were an IFR flight.

(2) For the purposes of paragraph (1) rule 36(2) shall not apply.

(3) Paragraph (1) shall not apply to the pilot-in-command of an aircraft which is flying in accordance with an authorisation issued by the Governor.

Choice of VFR or IFR

20.—(1) Subject to paragraph (2) an aircraft shall always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules.

(2) In the Territory an aircraft flying at night shall—

(a) be flown in accordance with the Instrument Flight Rules outside a control zone;

(b) be flown in accordance with the Instrument Flight Rules in a control zone unless it is flying on a special VFR flight.

Speed limitations

21.—(1) Subject to paragraph (2), an aircraft shall not fly below flight level 100 at a speed which, according to its air speed indicator, is more than 250 knots.

(2) Paragraph (1) shall not apply to—

(a) flights in Class A airspace;

(b) VFR flights or IFR flights in Class B airspace;

(c) IFR flights in Class C airspace;

(d) VFR flights in Class C airspace or VFR flights or IFR flights in Class D airspace when authorised by the appropriate air traffic control unit;

(e) an aircraft taking part in an exhibition of flying for which a permission is required by article 63(1) of this Order, if the flight is made in accordance with the terms of the permission granted to the organiser of the exhibition of flying and in accordance with the conditions of the display authorisation granted to the pilot under article 63(6)(a) of this Order;

(f) the flight of an aircraft flying in accordance with a permit to fly granted under article 9 of the Order; or

(g) an aircraft flying in accordance with a written permission granted by the Governor authorising the aircraft to exceed the speed limit in paragraph (1).

(3) The Governor may grant a permission for the purpose of paragraph (2)(g) subject to such conditions as he thinks fit and either generally or in respect of any aircraft or class of aircraft.

Use of radio navigation aids

22.—(1) Subject to paragraph (2), the pilot-in-command of an aircraft shall not make use of any radio navigation aid without complying with such restrictions and procedures as may be notified in relation to that aid.

(2) The pilot-in-command of an aircraft shall not be required to comply with this rule if—

(a) he is required to comply with rules 35 and 36; or

(b) he is otherwise authorised by an air traffic control unit.

Simulated instrument flight

23.—(1) An aircraft shall not be flown in simulated instrument flight conditions unless the conditions in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are as follows—

(a) the aircraft is fitted with dual controls which are functioning properly;

(b) an additional pilot (in this rule called a ‘safety pilot’) is carried in a second control seat of the aircraft for the purpose of providing assistance to the pilot flying the aircraft; and

(c) if the safety pilot’s field of vision is not adequate, both forwards and to each side of the aircraft, a third person, who is a competent observer, occupies a position in the aircraft from which his field of vision makes good the deficiencies in that of the safety pilot, and from which he can readily communicate with the safety pilot.

Practice instrument approaches

24.—(1) An aircraft shall not carry out an instrument approach practice within the Territory if it is flying in Visual Meteorological Conditions unless the conditions in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are as follows—

(a) the appropriate air traffic control unit has previously been informed that the flight is to be made for the purpose of instrument approach practice; and

(b) if the flight is not being carried out in simulated instrument flight conditions, a competent observer is carried in such a position in the aircraft that he has an adequate field of vision and can readily communicate with the pilot flying the aircraft.

SECTION V VISUAL FLIGHT RULES

Applicability of the Visual Flight Rules

25.—(1) Within controlled airspace rules 27, 29 and 30 shall be the Visual Flight Rules.

(2) Outside controlled airspace rule 28 shall be the Visual Flight Rules.

Reported visibility

26.  For the purposes of an aircraft taking off from or approaching to land at an aerodrome within Class B, Class C, or Class D airspace, the visibility, if any, communicated to the pilot-in-command of the aircraft by the appropriate air traffic control unit shall be taken to be the flight visibility for the time being.

Flight within controlled airspace

27.—(1) Subject to paragraphs (2) and (3), an aircraft flying within Class B, Class C, Class D or Class E airspace—

(a) at or above flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km;

(b) below flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km.

(2) An aircraft shall be deemed to have complied with paragraph (1)(b) if—

(a) the aircraft is not a helicopter and it—

(i) flies at or below 3,000 feet above mean sea level;

(ii) flies at a speed which, according to its airspeed indicator, is 140 knots or less; and

(iii) remains clear of cloud, with the surface in sight and in a flight visibility of at least 5 km; or

(b) the aircraft is a helicopter and it—

(i) flies at or below 3,000 feet above mean sea level; and

(ii) remains clear of cloud, with the surface in sight and in a flight visibility of at least 1,500 metres.

(3) Nothing in this rule shall apply to a helicopter that is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

Flight outside controlled airspace

28.—(1) An aircraft flying outside controlled airspace at or above flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km.

(2) Subject to paragraphs (3), (4) and (5), an aircraft flying outside controlled airspace below flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km.

(3) Paragraph (2) shall not apply to an aircraft which—

(a) flies at or below 3,000 feet above mean sea level;

(b) remains clear of cloud with the surface in sight; and

(c) is in a flight visibility of at least 5 km.

(4) Paragraph (2) shall not apply to an aircraft which—

(a) flies at or below 3,000 feet above mean sea level;

(b) flies at a speed which, according to its air speed indicator, is 140 knots or less;

(c) remains clear of cloud with the surface in sight; and

(d) is in a flight visibility of at least 1,500 metres.

(5) Nothing in this rule shall apply to a helicopter which is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

VFR flight plan and air traffic control clearance in Class B, Class C or Class D airspace

29.—(1) Subject to rule 31, before an aircraft flies within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the pilot-in-command of the aircraft shall—

(a) cause to be communicated to the appropriate air traffic control unit a flight plan which complies with paragraphs (2) and (3) (as appropriate); and

(b) obtain an air traffic control clearance to fly within that airspace.

(2) The flight plan shall contain such particulars of the flight as may be necessary to enable the air traffic control unit to issue a clearance and for search and rescue purposes.

(3) The flight plan required for a flight within Territory reduced vertical separation minimum airspace shall also state whether or not the aircraft is equipped with height keeping systems, as required by articles 51 or 52 of this Order.

(4) The pilot-in-command of an aircraft shall not cause a flight plan to be communicated to the appropriate air traffic control unit for VFR flight in Class C airspace above FL195 or along a Class C ATS route at any level unless authorised to do so by the Governor.

Maintaining continuous watch and complying with air traffic control instructions

30.—(1) Subject to rule 31, whilst flying within Class B, Class C or Class D airspace during the notified hours of watch of the appropriate air traffic control unit, the pilot-in-command of an aircraft shall—

(a) cause a continuous watch to be maintained on the notified radio frequency appropriate to the circumstances; and

(b) comply with any instructions which the appropriate air traffic control unit may give.

Exceptions to rules 29 and 30

31.—(1) Rule 29 shall not apply if the aircraft has otherwise been authorised by the appropriate air traffic control unit.

(2) Rules 29(1) and 30 shall not apply to any glider flying or intending to fly in Class B airspace notified for the purpose of this paragraph.

(3) Rules 29(1) and 30 shall not apply to any glider which—

(a) flies during the day;

(b) is in controlled airspace notified for the purpose of this paragraph; and

(c) remains at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km.

(4) Rules 29(1) and 30 shall not apply to any mechanically driven aircraft without radio equipment if—

(a) it flies during the day;

(b) it is in controlled airspace notified for the purpose of this paragraph;

(c) it remains at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km; and

(d) its pilot-in-command has previously obtained the permission of the appropriate air traffic control unit to fly within the controlled airspace.

SECTION VI INSTRUMENT FLIGHT RULES

Instrument Flight Rules

32.—(1) For flights within controlled airspace rules 33, 34, 35, 36 and 37 shall be the Instrument Flight Rules.

(2) For flights outside controlled airspace rules 33 and 34 shall be the Instrument Flight Rules.

Minimum height

33.—(1) Subject to paragraphs (2) and (3), an aircraft shall not fly at a height of less than 1,000 feet above the highest obstacle within a distance of 5 nautical miles of the aircraft unless—

(a) it is necessary for the aircraft to do so in order to take off or land;

(b) the aircraft flies on a route notified for the purposes of this rule;

(c) the aircraft has been otherwise authorised by the competent authority in relation to the area over which the aircraft is flying; or

(d) the aircraft flies at an altitude not exceeding 3,000 feet above mean sea level and remains clear of cloud and with the surface in sight and in a flight visibility of at least 800 metres.

(2) The aircraft shall comply with rule 5.

(3) Paragraph (1) shall not apply to a helicopter that is air-taxiing or conducting manoeuvres in accordance with rule 6(i).

Quadrantal rule and semi-circular rule

34.—(1) Subject to paragraphs (2) and (3), an aircraft in level flight above 3,000 feet above mean sea level or above the appropriate transition altitude, whichever is the higher, shall be flown at a level appropriate to its magnetic track, in accordance with Table 1 or Table 2, as appropriate.

(2) For the purposes of paragraph (1), the level of flight shall be measured by an altimeter set—

(a) in the case of a flight over the Territory, to a pressure setting of 1013.2 hectopascals; or

(b) in the case of any other flight, according to the system published by the competent authority in relation to the area over which the aircraft is flying.

(3) An aircraft may be flown at a level other than the level required by paragraph (1) if it flies—

(a) in conformity with instructions given by an air traffic control unit;

(b) in accordance with notified en-route holding patterns; or

(c) in accordance with holding procedures notified in relation to an aerodrome.

(4) For the purposes of this rule ‘transition altitude’ means the altitude which is notified in relation to flights over notified areas.

Flight plan and air traffic control clearance

35.—(1) Before an aircraft either takes off from a point within any controlled airspace or otherwise flies within any controlled airspace the pilot-in-command of the aircraft shall—

(a) send or transmit a flight plan complying with paragraph (2) to the appropriate air traffic control unit; and

(b) obtain an air traffic control clearance based on that flight plan.

(2) The flight plan shall—

(a) contain such particulars of the intended flight as may be necessary to enable the air traffic control unit to issue an air traffic control clearance and for search and rescue purposes; and

(b) for a flight within Territory reduced vertical separation minimum airspace, also state whether or not the aircraft is equipped with height keeping systems as required by articles 51 and 52 of this Order.

(3) Unless he has requested the appropriate air traffic control unit to cancel his flight plan, the pilot-in-command of the aircraft shall forthwith inform that unit when the aircraft lands within or leaves the controlled airspace.

Compliance with air traffic control clearance and notified procedures

36.—(1) Subject to paragraph (2), the pilot-in-command of the aircraft shall fly in conformity with—

(a) the air traffic control clearance issued for the flight, as amended by any further instructions given by an air traffic control unit; and, unless he is otherwise authorised by the appropriate air traffic control unit,

(b) the instrument departure procedures notified in relation to the aerodrome of departure; and

(c) the holding and instrument approach procedures notified in relation to the aerodrome of destination.

(2) The pilot-in-command of the aircraft shall not be required to comply with paragraph (1) if—

(a) he is able to fly in uninterrupted Visual Meteorological Conditions for so long as he remains in controlled airspace; and

(b) he has informed the appropriate air traffic control unit of his intention to continue the flight in compliance with Visual Flight Rules and has requested that unit to cancel his flight plan.

(3) If any deviation is made from the provisions of paragraph (2) for the purpose of avoiding immediate danger the pilot-in-command of the aircraft shall inform the appropriate air traffic control unit of the deviation as soon as possible.

Position reports

37.  The pilot-in-command of an aircraft in IFR flight who flies in or is intending to enter controlled airspace shall report to the appropriate air traffic control unit the time, position and level of the aircraft at such reporting points or at such intervals of time as may be notified for this purpose or as may be directed by the air traffic control unit.

SECTION VII AERODROME TRAFFIC RULES

Application of aerodrome traffic rules

38.  The rules in this Section which expressly apply to flying machines shall also be observed, so far as is practicable, by all other aircraft.

Visual signals

39.—(1) Subject to paragraph (2), the pilot-in-command of a flying machine on, or in the pattern of traffic flying at, an aerodrome shall—

(a) observe such visual signals as may be displayed at or directed to him from the aerodrome by the authority of the person in charge of the aerodrome; and

(b) obey any instructions which may be given to him by means of such signals.

(2) The pilot-in-command of a flying machine shall not be required to obey such signals if it is inadvisable to do so in the interests of safety.

Movement of aircraft on aerodromes

40.  An aircraft shall not taxi or air-taxi on the apron or the manoeuvring area of an aerodrome without the permission of either—

(a) the person in charge of the aerodrome; or

(b) the air traffic control unit or aerodrome flight information service unit notified as being on watch at the aerodrome.

Access to and movement of persons and vehicles on aerodromes

41.—(1) Unless there is a public right of way over it, a person or vehicle shall—

(a) not go onto any part of an aerodrome without the permission of the person in charge of that part of the aerodrome; and

(b) comply with any conditions subject to which that permission may be granted.

(2) A person or vehicle shall—

(a) not go onto or move on the manoeuvring area of an aerodrome which has an air traffic control unit or an aerodrome flight information service unit without the permission of that unit; and

(b) comply with any conditions subject to which that permission may be granted.

(3) Any permission granted for the purposes of this rule may be granted whether in respect of persons or vehicles generally, or in respect of any particular person or vehicle or any class of person or vehicle.

Right of way on the ground

42.—(1) This rule shall apply to flying machines and vehicles on any part of a land aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome.

(2) Notwithstanding any air traffic control clearance it shall remain the duty of the pilot-in-command of a flying machine to take all possible measures to ensure that his flying machine does not collide with any other aircraft or vehicle.

(3) Flying machines and vehicles shall give way to aircraft which are taking off or landing.

(4) Vehicles and flying machines which are not taking off or landing shall give way to vehicles towing aircraft.

(5) Vehicles which are not towing aircraft shall give way to aircraft.

Action to be taken in case of danger of collision on the ground

43.—(1) Subject to rules 42 and 14(3), this rule shall apply if there is any danger of collision between two flying machines on the ground.

(2) If the two flying machines are approaching head-on, or approximately so, each shall alter its course to the right.

(3) If the two flying machines are on converging courses, the flying machine which has the other flying machine on its right shall give way to that other flying machine and shall avoid crossing ahead of it unless passing well clear of it.

(4) A flying machine which is being overtaken by another flying machine shall have the right-of-way over the flying machine overtaking it.

(5) A flying machine which is overtaking another flying machine shall keep out of the way of the other flying machine by altering its course to the left until that other flying machine has been passed and is clear, notwithstanding any change in the relative positions of the two flying machines.

(6) A vehicle shall—

(a) overtake another vehicle on the right hand side of that vehicle ; and

(b) keep to the left when passing another vehicle which is approaching head-on or approximately so.

Launching, picking up and dropping of tow ropes, etc.

44.—(1) Tow ropes, banners or similar articles towed by aircraft shall not be launched at an aerodrome except in accordance with arrangements made with—

(a) the air traffic control unit at the aerodrome; or

(b) if there is no such unit, the person in charge of the aerodrome.

(2) Tow ropes, banners or similar articles towed by aircraft shall not be picked up by or dropped from aircraft at an aerodrome except—

(a) in accordance with arrangements made with the air traffic control unit at the aerodrome or, if there is no such unit, with the person in charge of the aerodrome; or

(b) in the area designated by the marking described in rule 59(9), but only when the aircraft is flying in the direction appropriate for landing.

Flights within aerodrome traffic zones

45.—(1) Paragraphs (2) and (3) shall apply only in relation to those aerodromes described in Column 1 of Table 3 as are notified for the purposes of this rule and at such times as are specified in Column 2 of the Table.

(2) An aircraft shall not fly, take off or land within the aerodrome traffic zone of an aerodrome unless the pilot-in-command of the aircraft has complied with paragraphs (3), (4) or (5), as appropriate.

(3) If the aerodrome has an air traffic control unit the pilot-in-command shall obtain the permission of the air traffic control unit to enable the flight to be conducted safely within the zone.

(4) If the aerodrome has a flight information service unit the pilot-in-command shall obtain information from the flight information service unit to enable the flight to be conducted safely within the zone.

(5) If there is no flight information service unit at the aerodrome the pilot-in-command shall obtain information from the air/ground communication service to enable the flight to be conducted safely within the zone.

(6) The pilot-in-command of an aircraft flying within the aerodrome traffic zone of an aerodrome shall—

(a) cause a continuous watch to be maintained on the appropriate radio frequency notified for communications at the aerodrome; or

(b) if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means; and

(c) if the aircraft is fitted with means of communication by radio with the ground, communicate his position and height to the air traffic control unit, the flight information service unit or the air/ground communication service at the aerodrome (as the case may be) on entering the zone and immediately prior to leaving it.

SECTION VIII LIGHTS AND OTHER SIGNALS TO BE SHOWN OR MADE BY AIRCRAFT

General

46.—(1) For the purposes of this Section the horizontal plane of a light shown by an aircraft means the plane which would be the horizontal plane passing through the source of that light if the aircraft were in level flight.

(2) If it is necessary to fit more than one lamp in order to show a light required by this Section because of the physical construction of an aircraft, the lamps shall be so fitted and constructed that, so far as is reasonably practicable, not more than one such lamp is visible from any one point outside the aircraft.

(3) If a light is required by this Section to show through specified angles in the horizontal plane, the lamps giving such light shall be so constructed and fitted that the light is visible—

(a) from any point in any vertical plane within those angles throughout angles of 90° above and below the horizontal plane; but

(b) so far as is reasonably practicable, through no greater angle, either in the horizontal plane or the vertical plane.

(4) If a light is required by this Section to show in all directions, the lamps giving such light shall be so constructed and fitted that, so far as is reasonably practicable, the light is visible from any point in the horizontal plane and on any vertical plane passing through the source of that light.

(5) Notwithstanding the provisions of this Section the pilot-in-command of an aircraft may switch off or reduce the intensity of any flashing light fitted to the aircraft if such a light does or is likely to—

(a) adversely affect the performance of the duties of any member of the flight crew; or

(b) subject an outside observer to unreasonable dazzle.

Display of lights by aircraft

47.—(1) During the night an aircraft shall—

(a) display such of the lights specified in this Section as it is required by this Section; and

(b) subject to rule 49(6), not display any other lights which might obscure or otherwise impair the visibility of, or be mistaken for, such lights.

(2) Subject to rule 48(4) an aircraft fitted with an anti-collision light shall display that light in flight during the day.

(3) A flying machine on a Territory aerodrome shall—

(a) during the night display either the lights which it would be required to display when flying or the lights specified in rule 49(5)(c) unless it is stationary on the apron or on that part of the aerodrome provided for the maintenance of aircraft; and

(b) during the day and night and subject to paragraph (4), display a red anti-collision light, if it is fitted with one, when it is stationary on the apron with engines running.

(4) A helicopter to which article 66 applies may, when stationary on an offshore installation, switch off the anti-collision light required to be shown by paragraph (3)(b) as long as that is done in accordance with a procedure contained in the operations manual of the helicopter as a signal to ground personnel that it is safe to approach the helicopter for the purpose of embarkation or disembarkation of passengers or the loading or unloading of cargo.

Failure of navigation and anti-collision lights

48.—(1) Paragraphs (2), (3) and (4) shall apply to aircraft in the Territory.

(2) An aircraft shall not depart from an aerodrome if there is a failure of any light which these Rules require to be displayed at night and the light cannot be immediately repaired or replaced.

(3) Subject to paragraph (4), if the aircraft is in flight and any such light as is referred to in paragraph (2) fails and cannot be immediately repaired or replaced, the aircraft shall land as soon as it can safely do so, unless authorised by the appropriate air traffic control unit to continue its flight.

(4) An aircraft may continue to fly during the day in the event of a failure of an anti-collision light on the flight as long as the light is repaired at the earliest practicable opportunity.

Flying machines at night

49.—(1) Subject to paragraph (6), a flying machine flying at night shall display lights in accordance with paragraphs (2), (3) or (4), as appropriate.

(2) In the case of—

(a) a flying machine registered in the Territory which has a maximum total weight authorised of more than 5,700 kg; or

(b) any other flying machine registered in the Territory which conforms to a type first issued with a type certificate on or after 1st April 1988,

the flying machine shall display the system of lights specified in paragraph 5(b).

(3) A flying machine registered in the Territory which—

(a) conforms to a type first issued with a type certificate before 1st April 1988; and

(b) has a maximum total weight authorised of 5,700 kg or less,

shall display the system of lights specified in—

(i) paragraph (5)(a); or

(ii) paragraph (5)(b); or

(iii) paragraph (5)(d), but excluding sub-paragraph (ii) of that paragraph.