Made | 4th April 2007 | ||
Coming into force | 1st May 2007 |
1. | Citation and commencement |
2. | Aircraft to be registered |
3. | Registration of aircraft in the Isle of Man |
4. | Nationality and registration marks |
5. | Prohibition of use for public transport or aerial work |
6. | Certificate of airworthiness to be in force |
7. | Issue, renewal, etc., of certificates of airworthiness |
8. | Validity of certificate of airworthiness |
9. | Issue, validity etc., of national permits to fly |
10. | Validation of permits to fly or equivalent documents |
11. | Flight without appropriate maintenance |
12. | Requirement for a certificate of release to service |
13. | Validation of maintenance engineers' licences etc. |
14. | Equipment of aircraft |
15. | Radio equipment of aircraft |
16. | Minimum equipment requirements |
17. | Aircraft, engine and propeller log books |
18. | Aircraft weight schedule |
19. | Access and inspection for airworthiness purposes |
20. | Composition of crew of aircraft |
21. | Members of flight crew — requirement for licence |
22. | Validation, re-validation and effect of flight crew licences |
23. | Medical requirements |
24. | Aerodrome operating minima — public transport aircraft |
25. | Aerodrome operating minima — non-public transport aircraft |
26. | Pilots to remain at controls |
27. | Pre-flight action by commander of aircraft |
28. | Passenger briefing by commander |
29. | Operation of radio in aircraft |
30. | Minimum navigation performance |
31. | Height keeping performance — aircraft registered in the Isle of Man |
32. | Area navigation and required navigation performance capabilities — aircraft registered in the Isle of Man |
33. | Use of airborne collision avoidance system |
34. | Use of flight recording systems and preservation of records |
35. | Carriage of weapons and of munitions of war |
36. | Carriage of dangerous goods |
37. | Method of carriage of persons |
38. | Endangering safety of an aircraft |
39. | Endangering safety of any person or property |
40. | Drunkenness in aircraft |
41. | Smoking in aircraft |
42. | Authority of commander of aircraft |
43. | Acting in a disruptive manner |
44. | Stowaways |
45. | Fatigue of crew — responsibilities of crew |
46. | Flight times — responsibilities of flight crew |
47. | Protection of air crew from cosmic radiation |
48. | Documents to be carried |
49. | Keeping and production of records of exposure to cosmic radiation |
50. | Production of documents and records |
51. | Power to inspect and copy documents and records |
52. | Preservation of documents, etc. |
53. | Revocation, suspension and variation of certificates, licences and other documents |
54. | Offences in relation to documents and records |
55. | Rules of the Air |
56. | Flights over foreign country |
57. | Mandatory reporting of occurrences |
58. | Power to prevent aircraft flying |
59. | Right of access to aerodromes and other places |
60. | Obstruction of persons |
61. | Directions |
62. | Penalties |
63. | Extra-territorial effect of the Order |
64. | Application of Order to certain aircraft registered elsewhere |
65. | Application of Order to the Crown and visiting forces, etc. |
66. | Exemption from Order |
67. | Appeal to High Court |
68. | Interpretation |
69. | Exceptions from application of provisions of the Order for certain classes of aircraft |
70. | Approval of persons to furnish reports |
71. | Certificates, authorisations, approvals and permissions |
72. | Saving |
SCHEDULE 1— | Classification and marking of aircraft and dealer certification |
PART A— | Classification of aircraft |
PART B— | Nationality and registration marks of aircraft registered in the Isle of Man |
PART C— | Conditions in aircraft dealer's certificate |
SCHEDULE 2— | A and B Conditions |
SCHEDULE 3— | Aircraft equipment |
SCHEDULE 4— | Radio communication and radio navigation equipment to be carried in aircraft |
SCHEDULE 5— | Aircraft, engine and propeller log books |
SCHEDULE 6— | Flight crew licences |
SCHEDULE 7— | Documents to be carried |
SCHEDULE 8— | Penalties |
PART A— | Provisions referred to in article 62(5) |
PART B— | Provisions referred to in article 62(6) |
SCHEDULE 9— | Public transport and aerial work |
(2) A glider may fly unregistered, and shall be deemed to be registered in the Isle of Man for the purposes of articles 14, 15, 21 and 27, on any flight which—
(3) Any aircraft may fly unregistered on any flight which—
(4) If an aircraft flies over the Isle of Man in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the Isle of Man an offence against this Order or any regulations made thereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.
Registration of aircraft in the Isle of Man
3.
—(1) The Department shall be the authority for the registration of aircraft in the Isle of Man and shall be responsible for maintaining the register and may record therein the particulars specified in paragraph (7) in a legible or a non-legible form so long as the recording is capable of being reproduced in a legible form.
(2) Subject to the provisions of this article, an aircraft shall not be registered or continue to be registered in the Isle of Man if it appears to the Department that—
(3) The following persons and no others shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Isle of Man or a share therein—
(4) If an unqualified person—
(5) If an aircraft is chartered by demise to a person qualified as aforesaid the Department may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the Isle of Man in the name of the charterer by demise upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this article the aircraft may remain so registered during the continuation of the charter.
(6) Application for the registration of an aircraft in the Isle of Man shall be made in writing to the Department, and shall—
(7) Upon receiving an application for the registration of an aircraft in the Isle of Man and being satisfied that the aircraft may properly be so registered, the Department shall register the aircraft, wherever it may be, and shall include in the register the following particulars—
(8) The Department —
(9) The Department may grant to any person qualified as aforesaid an aircraft dealer's certificate if it is satisfied that he has a place of business in the Isle of Man for buying and selling aircraft.
(10) Subject to paragraphs (4), (5) and (17), if at any time after an aircraft has been registered in the Isle of Man an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Department.
(11) Any person who is the registered owner of an aircraft registered in the Isle of Man shall forthwith inform the Department in writing of—
(12) Any person who becomes the owner of an aircraft registered in the Isle of Man shall within 28 days inform the Department in writing to that effect.
(13) The Department may, whenever it appears to it necessary or appropriate to do so for giving effect to this Part of this Order or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if it thinks fit, may cancel the registration of the aircraft, and shall cancel that registration within 2 months of being satisfied that there has been a change in the ownership of the aircraft.
(14) The Department may, by regulations, adapt or modify the foregoing provisions of this article as it deems necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the Isle of Man register, either generally or in relation to a particular case or class of cases.
(15) In this article references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in paragraph (11) to the registered owner of an aircraft includes, in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dissolved, its successor.
(16) Nothing in this article requires the Department to cancel the registration of an aircraft if in its opinion it would not be in the public interest to do so.
(17) The registration of an aircraft which is the subject of an undischarged mortgage entered in the Register of Aircraft Mortgages shall not become void by virtue of paragraph (10), nor shall the Department cancel the registration of such an aircraft under this article, unless all persons shown in the Register of Aircraft Mortgages as mortgagees of that aircraft have consented to the cancellation.
(18) In paragraph (17) "the Register of Aircraft Mortgages" means the register kept by the Department under an Order in Council made or having effect as if made under section 86 of the Civil Aviation Act 1982 and applied to the Isle of Man under section 11 of the Airports and Civil Aviation Act 1987 (an Act of Tynwald).
Nationality and registration marks
4.
—(1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.
(2) The marks to be borne by aircraft registered in the Isle of Man shall comply with Part B of Schedule 1.
(3) Subject to paragraph (4), an aircraft shall not bear any marks which purport to indicate—
(4) Marks approved by the Department for the purposes of flight in accordance with the B Conditions shall be deemed not to purport to indicate that the aircraft is registered in a country in which it is not in fact registered.
(3) For the purposes of paragraph (1) a certificate of airworthiness—
(4) An aircraft registered in the Isle of Man with a certificate of airworthiness shall not fly otherwise than in accordance with any conditions or limitations contained in its flight manual unless otherwise permitted by the Department.
Issue, renewal, etc., of certificates of airworthiness
7.
—(1) Subject to paragraph (2), the Department shall issue in respect of any aircraft a certificate of airworthiness if it is satisfied that the aircraft is fit to fly having regard to—
(2) If the Department has issued a certificate of airworthiness in respect of an aircraft which, in its opinion, is a prototype aircraft or a modification of a prototype aircraft, it may dispense with flying trials in the case of any other aircraft if it is satisfied that it conforms to such prototype or modification.
(3) Every certificate of airworthiness shall specify the category "Private" and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes (which shall not include public transport or aerial work) specified in the certificate.
(4) The Department may issue a certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as it thinks fit.
(5) The Department may issue a certificate of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any aircraft registered elsewhere than in the Isle of Man under the law of any country other than the Isle of Man.
(6) Nothing in this Order obliges the Department to accept an application for the issue of a certificate of airworthiness or certificate of validation or for the variation or renewal of any such certificate when the application is not supported by such reports from such persons approved under article 70 as the Department may specify (either generally or in a particular case or class of cases).
Validity of certificate of airworthiness
8.
A certificate of airworthiness or a certificate of validation issued in respect of an aircraft registered in the Isle of Man shall cease to be in force—
(c) until the completion to the satisfaction of the Department of any modification of the aircraft or of any equipment necessary for the airworthiness of the aircraft, being a modification required by the Department for the purpose of ensuring that the aircraft remains airworthy.
Issue, validity etc., of national permits to fly
9.
—(1) The Department shall—
(2) An aircraft flying in accordance with a national permit to fly shall not fly for the purpose of public transport or aerial work, other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.
(3) No person shall be carried during flights for the purpose of flying displays or demonstration flying except the minimum flight crew, unless the prior permission of the Department has been obtained.
(4) The Department may issue a national permit to fly subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.
(5) A national permit to fly issued in respect of an aircraft shall cease to be in force—
(b) if any other conditions of the permit are not complied with;
(c) if the aircraft, engines or propellers, or such of its equipment as is necessary for the airworthiness of the aircraft, are modified or repaired; unless the repair, or modification has been approved by the Department or by a person approved by the Department for the purpose;
(d) unless the permit includes a current certificate of validity issued by the Department or by a person approved by the Department for the purpose.
(6) A placard shall be affixed to any aircraft flying in accordance with a permit to fly in full view of the occupants which shall be worded as follows—
(7) An aircraft flying in accordance with a permit to fly shall only be flown by day and in accordance with the Visual Flight Rules unless the prior permission of the Department has been obtained.
(8) Nothing in this Order obliges the Department to accept an application for the issue, variation or renewal of a national permit to fly when the application is not supported by such reports from such approved persons as the Department may specify (either generally or in a particular case or class of cases).
(9) In paragraph (7) "day" means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level.
Validation of permits to fly or equivalent documents
10.
—(1) The Department shall issue in respect of any aircraft registered elsewhere than in the Isle of Man a certificate of validation if it is satisfied that there is in respect of the aircraft a permit to fly or equivalent document issued or validated by the competent authority of the country in which the aircraft is registered which applies standards which are substantially equivalent to those required for the issue of a permit to fly by the Department.
(2) An aircraft flying in accordance with a certificate of validation shall not fly for the purpose of public transport or aerial work, other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.
(3) The Department may issue a certificate of validation subject to such other conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.
Flight without appropriate maintenance
11.
An aircraft registered in the Isle of Man in respect of which a certificate of airworthiness is in force shall not fly unless the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with a maintenance schedule approved by the Department in relation to that aircraft.
Requirement for a certificate of release to service
12.
—(1) This article applies to any aircraft registered in the Isle of Man in respect of which a certificate of airworthiness is in force.
(2) Except as provided in paragraphs (3), (5) and (6) an aircraft to which this article applies shall not fly unless there is in force a certificate of release to service issued under this Order if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 8(b).
(3) If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at a place where it is not reasonably practicable—
it may fly to a place which satisfies the criteria in paragraph (4) and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Department within 10 days thereafter.
(4) A place satisfies the criteria in this paragraph if it is—
(5) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg, unless the Department gives a direction to the contrary in a particular case.
(6) A certificate of release to service shall not be required to be in force in respect of an aircraft to which this article applies of which the maximum total weight authorised does not exceed 2,730 kg and which is a private aircraft if it flies in the circumstances specified in paragraph (7).
(7) The circumstances referred to in paragraph (6) are—
(8) Neither—
shall be installed or placed on board for use in an aircraft to which this article applies after being overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued under this Order.
(9) A certificate of release to service issued under this Order shall—
(10) A certificate of release to service issued under this Order may be issued only by—
(11) In this article the expression "repair" includes in relation to a compass the adjustment and compensation thereof and the expression "repaired" shall be construed accordingly.
Validation of maintenance engineers' licences etc.
13.
—(1) The Department may, subject to such conditions as it thinks fit, issue a certificate of validation of—
(2) The holder of a licence rendered valid under paragraph (1) shall not exercise the privileges of such a licence if he knows or suspects that his physical or mental condition renders him unfit to exercise such privileges.
(3) The holder of a licence rendered valid under paragraph (1) shall not, when exercising the privileges of such a licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.
Equipment of aircraft
14.
—(1) An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made, in accordance with International Standards.
(2) In the case of any aircraft registered in the Isle of Man the equipment required to be provided (in addition to any other equipment required by or under this Order) shall—
(3) In any particular case the Department may direct that an aircraft registered in the Isle of Man shall carry such additional or special equipment or supplies as it may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft.
(4) The equipment carried in compliance with this article shall be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended.
(5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft.
(6) All equipment installed or carried in an aircraft, whether or not in compliance with this article, shall be so installed or stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.
(7) Without prejudice to paragraph (2), all navigational equipment capable of establishing the aircraft's position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting upon it when carried in an aircraft registered in the Isle of Man (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Department either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
(8) This article does not apply in relation to radio communication and radio navigation equipment except any specified in Schedule 3.
Radio equipment of aircraft
15.
—(1) An aircraft shall not fly unless it is so equipped with radio communication and radio navigation equipment as to comply with the law of the country in which the aircraft is registered or the State of the operator and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order and any regulations made thereunder.
(2) Without prejudice to paragraph (1), the aircraft shall be equipped with radio communication and radio navigation equipment in accordance with Schedule 4.
(3) In any particular case the Department may direct that an aircraft registered in the Isle of Man shall carry such additional or special radio communication or radio navigation equipment as it may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.
(4) Subject to such exceptions as may be prescribed, the radio communication and radio navigation equipment provided in compliance with this article in an aircraft registered in the Isle of Man shall always be maintained in serviceable condition.
(5) All radio communication and radio navigation equipment installed in an aircraft registered in the Isle of Man or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Department in relation to the purpose for which it is to be used.
(6) Neither the equipment referred to in paragraph (5) nor the manner in which it is installed shall be modified except with the approval of the Department.
Minimum equipment requirements
16.
—(1) The Department may grant in respect of any aircraft or class of aircraft registered in the Isle of Man a permission permitting such aircraft to commence a flight in specified circumstances notwithstanding that any specified item of equipment required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.
(2) An aircraft registered in the Isle of Man shall not commence a flight if any of the equipment required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use unless the aircraft does so under and in accordance with the terms of a permission under this article which has been granted to the operator.
Aircraft, engine and propeller log books
17.
—(1) In addition to any other log books required by or under this Order, the following log books shall be kept in respect of aircraft registered in the Isle of Man—
(2) The log books shall include the particulars respectively specified in Schedule 5 and in the case of an aircraft having a maximum total weight authorised not exceeding 2,730 kg shall be of a type approved by the Department.
(3) Each entry in the log book—
(4) Any document which is incorporated by reference in a log book shall be deemed, for the purposes of this Order, to be part of the log book.
(5) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept to keep them or cause them to be kept in accordance with the foregoing provisions of this article.
(6) Subject to article 52 every log book shall be preserved by the operator of the aircraft for a period of at least 2 years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use.
Aircraft weight schedule
18.
—(1) Every flying machine and glider in respect of which a certificate of airworthiness issued by the Department or rendered valid under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Department may require or approve in the case of that aircraft.
(2) Upon the aircraft being weighed the operator of the aircraft shall prepare a weight schedule showing—
(3) Subject to article 52 the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this article.
Access and inspection for airworthiness purposes
19.
The Department may cause such inspections, investigations, tests, experiments and flight trials to be made as it deems necessary for the purposes of this Part of this Order and any person authorised to do so in writing by the Department may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory.
(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.
Members of flight crew — requirement for licence
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—
(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—
(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—
(d) act as pilot in command of a helicopter or gyroplane at night if—
(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—
(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—
(b) the person acting as the pilot of the aircraft without being the holder of an appropriate licence either—
(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.
Validation, re-validation and effect of flight crew licences
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—
(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.
Medical requirements
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—
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—
whichever are the more restrictive.
(4) An aircraft to which this article applies shall not:
otherwise than under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.
(5) An aircraft to which this article applies shall not take off from or land at an aerodrome in the Isle of Man in contravention of the specified aerodrome operating minima.
(6) Without prejudice to paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome, shall not descend from a height of 1,000 feet or more above the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.
(7) Without prejudice to paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome, shall not—
unless in either case from such height the specified visual reference for landing is established and is maintained.
(8) In this article—
(c) "a Category IIIA approach and landing" means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—
(d) "a Category IIIB approach and landing" means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—
Aerodrome operating minima — non-public transport aircraft
25.
—(1) This article applies to any aircraft which is not a public transport aircraft.
(2) An aircraft to which this article applies shall not—
otherwise than under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.
(3) In the case of an aircraft registered in the Isle of Man, the approval referred to in paragraph (2) shall be issued by the Department.
(4) Without prejudice to paragraph (2), an aircraft to which this article applies when making a descent at an aerodrome to a runway in respect of which there is a notified instrument approach procedure shall not descend from a height of 1,000 feet or more above the aerodrome to a height less than 1,000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.
(5) Without prejudice to paragraph (2), an aircraft to which this article applies when making a descent to a runway in respect of which there is a notified instrument approach procedure shall not—
unless in either case from such height the specified visual reference for landing is established and is maintained.
(6) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air Regulations 1996[2] to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
(7) In this article "specified" in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been notified in respect of the aerodrome or if the relevant minima have not been notified such minima as are ascertainable by reference to the notified method for calculating aerodrome operating minima.
(8) In this article Category II, Category IIIA and Category IIIB approach and landing have the same meaning as in article 24(8).
Pilots to remain at controls
26.
—(1) The commander of a flying machine or glider registered in the Isle of Man shall cause one pilot to remain at the controls at all times while it is in flight.
(2) If the flying machine or glider is required by or under this Order to carry two pilots, the commander shall cause both pilots to remain at the controls during take-off and landing.
(3) Each pilot at the controls shall be secured in his seat by either a safety belt with or without one diagonal shoulder strap, or a safety harness except that during take-off and landing a safety harness shall be worn if it is required by article 14 and Schedule 3 to be provided.
Pre-flight action by commander of aircraft
27.
The commander of an aircraft registered in the Isle of Man shall take all reasonable steps to satisfy himself before the aircraft takes off—
(c) that the aircraft is in every way fit for the intended flight;
(d) that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight;
(e) in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies;
(f) in the case of a flying machine, that having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter and making a safe landing at the place of intended destination; and
(g) that any pre-flight check system established by the aircraft manufacturer has been complied with by each member of the crew of the aircraft.
Passenger briefing by commander
28.
The commander of an aircraft registered in the Isle of Man shall take all reasonable steps to ensure—
Operation of radio in aircraft
29.
—(1) A radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered or the State of the operator and by a person duly licensed or otherwise permitted to operate the radio station under that law.
(2) Subject to paragraph (3), whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft.
(3) The radio watch—
(4) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communication or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he may be instructed by the appropriate air traffic control unit or as may be notified in relation to any notified airspace in which the aircraft is flying.
(5) The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows—
Minimum navigation performance
30.
—(1) An aircraft registered in the Isle of Man shall not fly in North Atlantic Minimum Navigation Performance Specification airspace unless it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability.
(2) The equipment required by paragraph (1) must —
Height keeping performance — aircraft registered in the Isle of Man
31.
—(1) Unless otherwise authorised by the appropriate air traffic control unit, an aircraft registered in the Isle of Man shall not fly in reduced vertical separation minimum airspace notified for the purpose of this article, unless it is equipped with height keeping systems which enable the aircraft to maintain the prescribed height keeping performance capability.
(2) The equipment required by paragraph (1) shall—
Area navigation and required navigation performance capabilities — aircraft registered in the Isle of Man
32.
—(1) Subject to paragraph (3) an aircraft registered in the Isle of Man shall not fly in designated required navigation performance airspace unless it is equipped with area navigation equipment which enables the aircraft to maintain the navigation performance capability specified in respect of that airspace.
(2) The equipment required by paragraph (1) shall—
(3) An aircraft need not comply with the requirements of paragraph (1) and (2) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.
Use of airborne collision avoidance system
33.
On any flight on which an airborne collision avoidance system is required by article 15 and Schedule 4 to be carried in an aeroplane, the system shall be operated—
Use of flight recording systems and preservation of records
34.
—(1) On any flight on which a flight data recorder, a cockpit voice recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 5(7) of Schedule 3 to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of the landing run.
(2) The operator of the aeroplane shall at all times, subject to article 52, preserve—
and shall preserve such records for such period as the Department may in a particular case direct.
(3) On any flight on which a cockpit voice recorder, a flight data recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 5(6) of Schedule 3 to be carried in a helicopter, it shall always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped.
(4) The operator of a helicopter shall at all times, subject to article 52, preserve, in the case of a combined cockpit voice recorder/flight data recorder specified in paragraph (3) of Scale SS of paragraph 6 of Schedule 3 and required by or under this Order to be carried in the helicopter, either—
(5) The additional recording retained under paragraph (4)(b)(i) and (ii) shall, together with the recording required to be retained under paragraph (4)(b), total a period of 8 hours and shall be retained in accordance with arrangements approved by the Department.
Carriage of weapons and of munitions of war
35.
—(1) Subject to paragraph (4), an aircraft shall not carry any munition of war unless—
(2) It shall be unlawful for an aircraft to carry any sporting weapon or munition of war in any compartment or apparatus to which passengers have access.
(3) It shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any sporting weapon or munition of war unless—
(b) particulars of the sporting weapon or munition of war have been furnished by that passenger or by the consignor to the operator before the flight commences; and
(c) without prejudice to paragraph (1), the operator consents to the carriage of such sporting weapon or munition of war by the aircraft.
(4) Nothing in this article applies to any sporting weapon or munition of war taken or carried on board an aircraft registered in a country other than the Isle of Man if the sporting weapon or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.
(5) For the purposes of this article—
(b) "sporting weapon" means—
which is not a munition of war.
Carriage of dangerous goods
36.
—(1) This article applies to regulations made or having effect as if made under article 70 of the Air Navigation Order 2005[3] and applied to the Isle of Man under section 11 of the Airports and Civil Aviation Act 1987 (an Act of Tynwald).
(2) It shall be an offence to contravene or permit the contravention of or fail to comply with any regulations to which this article applies.
(3) The provisions of this article and of any regulations to which this article applies shall be additional to and not in derogation from article 35.
Method of carriage of persons
37.
—(1) A person shall not—
(2) A person may have temporary access to—
Endangering safety of an aircraft
38.
A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein.
Endangering safety of any person or property
39.
A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property.
Drunkenness in aircraft
40.
—(1) A person shall not enter any aircraft when drunk, or be drunk in any aircraft.
(2) A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act.
Smoking in aircraft
41.
—(1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in the Isle of Man so as to be visible from each passenger seat therein.
(2) A person shall not smoke in any compartment of an aircraft registered in the Isle of Man at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.
Authority of commander of aircraft
42.
Every person in an aircraft shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.
Acting in a disruptive manner
43.
No person shall while in an aircraft—
Stowaways
44.
A person shall not secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander or of any other person entitled to give consent to his being carried in the aircraft.
(2) This article shall not apply to a flight which is—
Protection of air crew from cosmic radiation
47.
—(1) A relevant undertaking shall take appropriate measures to—
(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—
(6) In this article—
(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—
(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.
Power to inspect and copy documents and records
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.
Preservation of documents, etc.
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.
Revocation, suspension and variation of certificates, licences and other documents
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.
Offences in relation to documents and records
54.
—(1) A person shall not with intent to deceive—
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.
(4) If any departure from the Rules of the Air is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Department.
(5) Nothing in the Rules of the Air exonerates any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.
unless the lives of persons on board or the safety of the aircraft would thereby be endangered.
(4) A person does not contravene paragraph (3) if he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.
(5) The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.
(6) In this article "appropriate aeronautical authorities" includes any person, whether a member of a country's military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.
Mandatory reporting of occurrences
57.
—(1) The objective of this article is to contribute to the improvement of air safety by ensuring that relevant information on safety is reported, collected, stored, protected and disseminated.
(2) The sole objective of occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability.
(3) This article applies to occurrences which endanger or which, if not corrected, would endanger an aircraft, its occupants or any other person.
(4) Without prejudice to the generality of paragraph (3), a list of examples of these occurrences is set out in Annexes I and II (and their Appendices) of Directive 2003/42/EC of 13th June 2003 on occurrence reporting in civil aviation[5].
(5) Every person listed below shall report to the Department any event which constitutes an occurrence for the purposes of paragraph (3) and which comes to his attention in the exercise of his functions—
(6) Reports of occurrences shall be made within such time, by such means and containing such information as may be prescribed and shall be presented in such form as the Department may in any particular case approve.
(7) A person listed in paragraph (5) shall make a report to the Department within such time, by such means, and containing such information as the Department may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to an occurrence which has been reported by him or another person to the Department in accordance with this article.
(8) A person shall not make any report under this article if he knows or has reason to believe that the report is false in any particular.
(9) The Department shall put in place a mechanism to collect, evaluate, process and store occurrences reported in accordance with paragraphs (5) to (7).
(10) The Department and the Chief Inspector of Air Accidents shall use any information received in accordance with the terms of this article solely for the purposes set out in this article.
(11) Without prejudice to the rules of criminal law, no proceedings shall be instituted in respect of unpremeditated or inadvertent infringements of the law which come to the attention of the relevant authorities only because they have been reported under this article, except in cases of gross negligence.
(12) The provisions in paragraphs (10) and (11) apply without prejudice to the right of access to information by judicial authorities.
(13) Where a report is made voluntarily to the Department of an perceived actual or potential hazard which is not required to be reported under the system of mandatory reporting, it shall be subjected to a process of disidentification by it where the person making the report requests that his identity is not recorded on a database.
(14) The Department shall ensure that relevant safety information deriving from the analysis of reports, which have been subjected to disidentification, are stored and made available to all parties so that they can be used for improving safety in aviation.
Power to prevent aircraft flying
58.
—(1) If it appears to the Department or an authorised person that any aircraft is intended or likely to be flown—
the Department or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Department or by an authorised person, and the Department or that authorised person may take such steps as are necessary to detain the aircraft.
(2) For the purposes of paragraph (1) the Department or any authorised person may enter upon and inspect any aircraft.
(3) If it appears to the Department or an authorised person that any aircraft is intended or likely to be flown in such circumstances that any provision of article 56 would be contravened in relation to the flight, the Department or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make a particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Department or by an authorised person, and the Department or any authorised person may take such steps as are necessary to detain the aircraft.
(4) For the purposes of paragraph (3) the Department or any authorised person may enter upon any aerodrome and may enter upon and inspect any aircraft.
Right of access to aerodromes and other places
59.
The Department and any authorised person shall have the right of access at all reasonable times—
Obstruction of persons
60.
A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.
Directions
61.
—(1) Where any provision of this Order or any regulations made thereunder gives to a person the power to direct, the person to whom such a power is given shall also have the power to revoke or vary any such direction.
(2) Any person who without reasonable excuse fails to comply with any direction given to him under any provision of this Order or any regulations made thereunder shall be deemed for the purposes of this Order to have contravened that provision.
Penalties
62.
—(1) If any provision of this Order or any regulations made thereunder is contravened in relation to an aircraft, the operator of that aircraft and the commander of that aircraft shall (without prejudice to the liability of any other person for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
(2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or any regulations made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.
(3) Where a person is charged with contravening a provision of this Order or any regulations made thereunder by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work the flight shall be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor suspected that the flight was for that purpose.
(4) If any person contravenes any provision of this Order, or any regulations made thereunder not being a provision referred to in paragraph (5) or (6), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) If any person contravenes any provision specified in Part A of Schedule 8 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6) If any person contravenes any provision specified in Part B of the said Schedule he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on information to a fine or custody for a term not exceeding two years or both.
Extra-territorial effect of the Order
63.
—(1) Except where the context otherwise requires, the provisions of this Order—
(2) Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948[6] that that person shall not be guilty of an offence.
Application of Order to certain aircraft registered elsewhere
64.
The Department may direct that such of the provisions of this Order and of any regulations made thereunder as may be specified in the direction shall have effect as if reference in those provisions to aircraft registered in the Isle of Man included references to the aircraft specified in the direction, being an aircraft registered elsewhere than in the Isle of Man but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Isle of Man.
Application of Order to the Crown and visiting forces, etc.
65.
—(1) Subject to the provisions of this article, the provisions of this Order shall apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty as they apply to or in relation to other aircraft.
(2) For the purposes of such application, the authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft and, in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft.
(3) Nothing in this article shall render liable to any penalty any authority responsible on behalf of Her Majesty for the management of any aircraft.
(4) Save as otherwise expressly provided the naval, military and air force authorities and members of any visiting force and any international headquarters and the members and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order and of any regulations made thereunder to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the Isle of Man and for the time being serving there.
(5) Save as otherwise provided by paragraph (6) and by the Rules of the Air Regulations 1996 (so far as they impose a requirement to give way to military aircraft), nothing in this Order shall apply to or in relation to any military aircraft.
(6) Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his duty as a member of any of Her Majesty's naval, military or air forces or as a member of a visiting force or international headquarters, the following provisions of this Order shall apply on the occasion of that flight, that is to say, articles 38, 39 and 40 and in addition article 55 (so far as applicable) shall apply unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 550) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.
Exemption from Order
66.
The Department may exempt from any of the provisions of this Order (other than article 47, 49 or 56) or any regulations made thereunder, any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as it thinks fit.
Appeal to High Court
67.
—(1) An appeal shall lie to the High Court of Justice of the Isle of Man from any decision of the Department under article 13 or 22 of this Order and if the court is satisfied that on the evidence submitted to the Department it was wrong in so deciding, the court may reverse the Department's decision and the Department shall give effect to the court's decision.
(2) An appeal shall not lie from a decision of the Department that a person is not qualified to have a licence rendered valid by reason of a deficiency in his knowledge, experience, competence, skill, physical or mental fitness.
(3) The Department shall be a respondent to any appeal under this article.
(4) For the purposes of any provision relating to the time within which an appeal may be brought, the Department's decision shall be deemed to have been taken on the date on which the Department furnished a statement of its reasons for the decision to the applicant for the licence, or as the case may be, the holder or former holder of the validated licence.
Interpretation
68.
—(1) In this Order—
and a reference in this Order to a glider includes a reference to a self-sustaining glider and a self-propelled hang-glider;
and the distance, if any, communicated to the commander of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;
(2) A piloted flying machine shall be deemed to be in flight from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power until the moment when it next comes to rest after landing; and the expressions "a flight" and "to fly" shall be construed accordingly.
(3) Subject to paragraph (4), references in this Order to the operator of an aircraft are, for the purposes of the application of any provision of this Order in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft.
(4) For the purposes of the application of any provision in Part 3 of this Order, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the management of that aircraft for a period not exceeding 14 days, paragraph (3) shall have effect as if that agreement had not been entered into.
(5) The expressions appearing in the "Classification of Aircraft" in Part A of Schedule 1 shall have the meanings thereby given to them.
(6) References in this Order to regulations made under this Order include references to regulations made or having effect as if made under the Air Navigation Order 2005 and applied to the Isle of Man under section 11 of the Airports and Civil Aviation Act 1987 (an Act of Tynwald).
(7) References in this Order to any provision of the Rules of the Air Regulations 1996 or the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 are to that provision as applied to the Isle of Man under section 11 of the Airports and Civil Aviation Act 1987 (an Act of Tynwald).
Exceptions from application of provisions of the Order for certain classes of aircraft
69.
The provisions of this Order other than article 39 shall not apply to or in relation to—
Approval of persons to furnish reports
70.
In relation to any of its functions under any of the provisions of this Order the Department may approve a person as qualified to furnish reports to it and may accept such reports.
Certificates, authorisations, approvals and permissions
71.
Wherever in this Order there is provision for the issue or grant of a certificate, authorisation, approval or permission by the Department, unless otherwise provided, such a certificate, authorisation, approval or permission—
Saving
72.
—(1) Nothing in this Order or any regulations made thereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.
(2) Nothing in this Order shall oblige the Department to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the granting of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.
Meriel McCullagh
Deputy Clerk of the Privy Council
Column 1 | Column 2 | Column 3 | Column 5 | |||||
{ | Free balloon | |||||||
{ | Non-power driven | { | ||||||
{ | Lighter- | { | { | Captive balloon | ||||
{ | than-air | { | ||||||
{ | Aircraft | { | ||||||
{ | { | Power driven | - | Airship | ||||
{ | ||||||||
{ | ||||||||
Aircraft | { | { | Glider | |||||
{ | { | Non-power driven | { | |||||
{ | { | { | Kite | |||||
{ | { | |||||||
{ | { | |||||||
{ | Heavier- | { | { | Aeroplane (Landplane) | ||||
{ | than-air | { | { | |||||
{ | aircraft | { | { | Aeroplane (Seaplane) | ||||
{ | { | |||||||
{ | { | Aeroplane (Amphibian) | ||||||
{ | Power driven | { | ||||||
{ | (flying machines) |
{ { |
Aeroplane (Self-launching motor glider) | |||||
{ | ||||||||
{ | Powered lift (tilt rotor) | |||||||
{ | { | Helicopter | ||||||
{ | Rotorcraft | { | ||||||
{ | Gyroplane | |||||||
(b) on the fuselage (or equivalent structure) and vertical tail surfaces—
(ii) when located on a single vertical tail surface, the marks shall appear on both sides. When located on multi-vertical tail surfaces, the marks shall appear on the outboard sides of the outer-surfaces. Subject to sub-paragraphs (iv) and (v), the height of the letters constituting each group of marks shall be at least 30 centimetres;
(iii) if one of the surfaces authorised for displaying the required marks is large enough for those marks to be 30 centimetres in height (whilst complying with sub-paragraph (v)) and the other is not, marks of 30 centimetres in height shall be placed on the largest authorised surface;
(iv) if neither authorised surface is large enough for marks of 30 centimetres in height (whilst complying with sub-paragraph (v)), marks of the greatest height practicable in the circumstances shall be displayed on the larger of the two authorised surfaces;
(v) marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 centimetres along each side of the vertical tail surface;
(vi) on rotary wing aircraft where owing to the structure of the aircraft the greatest height practicable for the marks on the side of the fuselage (or equivalent structure) is less than 30 centimetres, the marks shall also appear on the lower surface of the fuselage as close to the line of symmetry as is practicable, and shall be placed with the tops of the letters towards the nose. The height of the letters constituting each group of marks shall be—
(c) wherever in this paragraph marks of the greatest height practicable in the circumstances are required, that height shall be such as is consistent with compliance with paragraph 3 of this Part.
Width, spacing and thickness of marks
3.
—(1) For the purposes of this paragraph—
(2) The thickness of the lines comprising each letter and hyphen shall be one sixth of the height of the letters forming the marks.
(3) Each letter and hyphen shall be separated from the letter or hyphen which it immediately precedes or follows by a space equal to either one quarter or one half of the width of a standard letter. Each such space shall be equal to every other such space within the marks.
(3) Without prejudice to article 27 the operator of the aircraft shall satisfy himself before the aircraft takes off that the aircraft is in every way fit for the intended flight.
(4) The aircraft shall fly only within the Isle of Man.
(2) The purposes referred to in paragraph (1) are—
(b) in the case of an aircraft falling within paragraph (1)(b), the aircraft shall fly only so as to enable it to—
(3) The aircraft, including any modifications, shall be of a design which previously has been approved by the Department, or by an organisation approved for that purpose by the Department, as being compliant with a standard accepted by the Department as appropriate for the issue of a certificate of airworthiness.
(4) The aircraft and its engines shall be certified as fit for flight by the holder of an aircraft maintenance engineer's licence rendered valid under this Order, being a licence which entitles him to issue that certificate or by a person approved by the Department for the purpose of issuing certificates under this condition, and in accordance with that approval.
(5) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation or flight manual which has previously been in force under the Order in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design.
(6) The aircraft shall not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose referred to in paragraph (2).
(7) The aircraft shall not fly over any congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off or land.
B Conditions
2.
—(1) An aircraft may fly for a purpose set out in paragraph (2) subject to the conditions set out in paragraphs (3) to (8) whether or not it is registered in accordance with article 2(1) and when there is not in force—
(2) The purposes referred to in paragraph (1) are—
(3) The flight shall be operated by a person approved by the Department for the purposes of these Conditions and subject to any additional conditions which may be specified in such an approval.
(4) If not registered in the Isle of Man the aircraft shall be marked in a manner approved by the Department for the purposes of these Conditions, and articles 15, 17, 27, 29, 48 and 50 shall be complied with in relation to the aircraft as if it were registered in the Isle of Man.
(5) If not registered in the Isle of Man, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.
(6) No person shall act as pilot in command of the aircraft except a person approved for the purpose by the Department.
(7) The aircraft shall not carry any cargo, or any persons other than the flight crew except the following—
(8) The aircraft shall not fly, except in accordance with procedures which have been approved by the Department in relation to that flight, over any congested area of a city, town or settlement.
5.
Table
Description of Aircraft | Circumstances of Flight | Scale of Equipment Required |
(1) Aeroplanes | flying for purposes other than public transport; and | A(1) and (2) and B(1), (2), (3), (4), (5) and (6) |
(i) when flying by night | C and D | |
(ii) when flying under Instrument Flight Rules; | ||
(aa) outside controlled airspace | D | |
(bb) within Class A, B or C airspace | E with E(4) duplicated and F | |
(cc) within Class D and E airspace | E and F | |
(iii) when carrying out aerobatic manoeuvres | B(8) and (9) | |
(2) Private aeroplanes for which an individual certificate of airworthiness was first issued on or after 1st June 1990 and which have a maximum total weight authorised exceeding 27,000 kg. | when flying on any flight | S(6) |
(3) Aeroplanes which are powered by one or more turbine jets or one or more turbine propeller engines and which have a maximum total weight authorised exceeding 5,700 kg or with a maximum approved passenger seating configuration of more than 9; | ||
(a) in respect of which there is in force a certificate of airworthiness except any such aeroplanes as come within sub-paragraph (b); or | when flying for purposes other than public transport | X(1) or X(2) |
(b) in respect of which there is in force a certificate of airworthiness and which have equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water installed before 1st April 2000 | when flying for purposes other than public transport on or after 1st January 2007 | X(1) or X(2) |
(4) Aeroplanes; | ||
(a) powered by one or more turbine jets | when flying on any flight | AA |
(b) powered by one or more turbine propeller engines and having a maximum total weight authorised exceeding 5,700 kg and issued with a certificate of airworthiness in the Isle of Man | when flying on any flight | AA |
(5) Helicopters and Gyroplanes | flying for purposes other than public transport; and | A(1) and (2) and B(1), (2), (3), (4), (5) and (6) |
(i) when flying by day under Visual Flight Rules with visual ground reference; | D | |
(ii) when flying by day under Instrument Flight Rules or without visual ground reference; | ||
(aa) outside controlled airspace | E with E(2) duplicated | |
(bb) within controlled airspace | E with both E(2) and E(4) duplicated and F with F(4) for all weights | |
(iii) when flying at night; | ||
(aa) with visual ground reference | C, E, G(3) and G(5) and (6) | |
(bb) without visual ground reference outside controlled airspace | C, E with E(2) duplicated, G(3), (5) and (6) | |
(cc) without visual ground reference within controlled airspace | C, E with both E(2) and E(4) duplicated, F with F(4) for all weights, G(3), (5) and (6) | |
(6) Helicopters and Gyroplanes; | ||
(i) which have a maximum total weight authorised exceeding 2,730 kg but not exceeding 7,000 kg or with a maximum approved passenger seating configuration of more than 9 or both | when flying on any flight | SS(1) or (3) |
(ii) which have a maximum total weight authorised exceeding 7,000 kg | when flying on any flight | SS(2) or (3) |
Scale AA
(1) Subject to sub-paragraph (2), an altitude alerting system capable of alerting the pilot upon approaching a preselected altitude in either ascent or descent, by a sequence of visual and aural signals in sufficient time to establish level flight at that preselected altitude and when deviating above or below that preselected altitude, by a visual and an aural signal.
(2) If the system 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 system to be repaired or replaced.
Scale B
(3) If the maximum total weight authorised of the aircraft is 2,730 kg or less, for every pilot's seat and for any seat situated alongside a pilot's seat, either a safety belt with one diagonal shoulder strap or a safety harness, or with the permission of the Department, a safety belt without a diagonal shoulder strap which permission may be granted if the Department is satisfied that it is not reasonably practicable to fit a safety belt with one diagonal shoulder strap or a safety harness.
(4) If the maximum total weight authorised of the aircraft exceeds 2,730 kg, either a safety harness for every pilot's seat and for any seat situated alongside a pilot's seat, or with the permission of the Department, a safety belt with one diagonal shoulder strap which permission may be granted if the Department is satisfied that it is not reasonably practicable to fit a safety harness.
(5) For every seat in use (not being a seat referred to in paragraphs (1), (2) and (5)) a safety belt with or without one diagonal shoulder strap or a safety harness.
(6) In addition, and to be attached to or secured by the equipment required in paragraph (3) above, a child restraint device for every child under the age of two years on board.
(7) On all flights in aeroplanes in respect of which a certificate of airworthiness was first issued on or after 1st February 1989, the maximum total weight authorised of which does not exceed 5,700 kg but with a maximum approved passenger seating configuration of more than 9, (otherwise than in seats referred to under paragraph (1) or (2)), a safety belt with one diagonal shoulder strap or a safety harness for each seat intended for use by a passenger.
(8) If the commander cannot, from his own seat, see all the passengers' seats in the aircraft, a means of indicating to the passengers that seat belts should be fastened.
(9) Subject to paragraph (7), a safety harness for every seat in use.
(10) In the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the Department may permit a safety belt with one diagonal shoulder strap to be fitted if it is satisfied that such restraint is sufficient for the carrying out of erect spinning in that aircraft and that it is not reasonably practicable to fit a safety harness in that aircraft.
Scale C
(1) Equipment for displaying the lights required by the Rules of the Air Regulations 1996.
(2) Electrical equipment, supplied from the main source of supply in the aircraft, to provide sufficient illumination to enable the flight crew properly to carry out their duties during flight.
(3) Unless the aircraft is equipped with radio, devices for making the visual signal specified in the Rules of the Air Regulations 1996 as indicating a request for permission to land.
Scale D
(1) In the case of a helicopter or gyroplane, a slip indicator.
(2) In the case of any other flying machine either—
(3) A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the commander of the aircraft indicate is likely to be encountered during the intended flight.
Scale E
(4) In the case of—
(5) A gyroscopic bank and pitch indicator.
(6) A gyroscopic direction indicator.
(7) A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the commander of the aircraft indicate is likely to be encountered during the intended flight.
Scale F
(1) A timepiece indicating the time in hours, minutes and seconds.
(2) A means of indicating whether the power supply to the gyroscopic instrument is adequate.
(3) A rate of climb and descent indicator.
(4) A means of indicating in the flight crew compartment the outside air temperature calibrated in degrees celsius.
(5) If the maximum total weight authorised of the aircraft exceeds 5,700 kg two air speed indicators.
Scale G
(1) In the case of an aircraft other than a helicopter or gyroplane landing lights consisting of 2 single filament lamps, or one dual filament lamp with separately energised filaments.
(2) An electrical lighting system to provide illumination in every passenger compartment.
(3) Either—
(4) In the case of an aircraft other than a helicopter or gyroplane of which the maximum total weight authorised exceeds 5,700 kg, means of observing the existence and build up of ice on the aircraft.
(5) In the case of a helicopter carrying out Performance Class 1 or 2 operations or a gyroplane in respect of which there is in force a certificate of airworthiness designating the gyroplane as being of performance group A, either—
(6) In the case of a helicopter carrying out Performance Class 3 operations or a gyroplane in respect of which there is in force a certificate of airworthiness designating the gyroplane as being of performance group B, either—
Scale H
(1) Subject to paragraph (2), for each person on board, a lifejacket equipped with a whistle and waterproof torch.
(2) Lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.
Scale J
(1) Additional flotation equipment, capable of supporting one-fifth of the number of persons on board, and provided in a place of stowage accessible from outside the flying machine.
(2) Parachute distress rocket signals capable of making, from the surface of the water, the pyrotechnical signal of distress specified in the Rules of the Air Regulations 1996 and complying with Part III of Schedule 15 to the Merchant Shipping (Life-Saving Appliances) Regulations 1980[13].
(3) A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the flying machine on water, appropriate to its size, weight and handling characteristics.
Scale K
(1) In the case of—
(2) Each liferaft shall contain the following equipment—
(j) first aid equipment.
(3) Items (2)(f) to (j) inclusive shall be contained in a pack.
(4) The number of survival beacon radio apparatus carried when the aircraft is carrying the number of liferafts specified in column 1 of the following Table shall be not less than the number specified in, or calculated in accordance with, column 2.
Column 1 | Column 2 |
Not more than 8 life rafts | 2 survival beacon radio apparatus |
For every additional 4 or proportion of 4 life rafts | 1 additional survival beacon radio apparatus |
together with suitable and sufficient apparatus to enable such persons to use the oxygen.
(2) In any other flying machine—
together with suitable and sufficient apparatus to enable such persons to use the oxygen.
Column 1 Vertical displacement of the flying machine in relation to flight levels |
Column 2 Capability of flying machine to descend (where relevant) |
Column 3 Period of supply of oxygen |
Column 4 Persons for whom oxygen is to be provided |
||
Scale L1: Part II | |||||
Above flight level 100 | — | { | 30 minutes or the | In addition to any | |
{ | period specified at A | passengers for whom | |||
{ | hereunder whichever | oxygen is provided as | |||
{ | is the greater | specified below, all | |||
{ | the crew | ||||
{ | |||||
{ | Flying machine is | { | 30 minutes or the | 10% of number of | |
{ | either flying at or | { | period specified at A | passengers | |
{ | below flight level 150 | { | hereunder whichever | ||
{ | or is capable of | { | is the greater | ||
{ | descending and | ||||
{ | continuing to destination | ||||
{ | as specified in X | ||||
Above flight level 100 | { | hereunder | |||
but not above flight | { | ||||
level 300 | { | { | 10 minutes or the | All passengers | |
{ | { | period specified at B | |||
{ | { | hereunder whichever | |||
{ | { | is the greater | |||
{ | { | ||||
{ | Flying machine is flying | { | and in addition 30 | 10% of number of | |
{ | above flight level 150 | { | minutes or the period | passengers | |
{ | and is not so capable | { | specified at C | ||
{ | hereunder whichever | ||||
{ | is the greater | ||||
{ | Flying machine is | 30 minutes or the | 15% of number of | ||
{ | capable of descending | period specified at A | passengers | ||
{ | and continuing to | hereunder whichever | |||
{ | destination as specified | is the greater | |||
{ | in Y hereunder | ||||
Above flight level 300 | { | ||||
but not above flight | { | ||||
level 350 | { | { | 10 minutes or the | All passengers | |
{ | { | period specified at B | |||
{ | { | hereunder whichever | |||
{ | { | is the greater | |||
{ | Flying machine is not | { | |||
{ | so capable | { | and in addition 30 | 15% of number of | |
{ | minutes or the period | passengers | |||
{ | specified at C | ||||
{ | hereunder whichever | ||||
{ | is the greater | ||||
{ | 10 minutes or the | All passengers | |||
{ | period specified at B | ||||
{ | hereunder whichever | ||||
{ | is the greater | ||||
{ | |||||
Above flight level 350 | { | and in addition 30 | 15% of number of | ||
{ | minutes or the period | passengers | |||
{ | specified at C | ||||
{ | hereunder whichever | ||||
{ | is the greater | ||||
Scale L2
(1) A supply of oxygen and the associated equipment to meet the requirements set out in Part I in the case of unpressurised aircraft and Part II in the case of pressurised aircraft.
(2) The duration for the purposes of this Scale shall be whichever is the greater of—
(b) the period or periods during which the aircraft is actually flown in the circumstances specified in the said Parts.
Part I: Unpressurised aircraft
(1) When flying at or below flight level 100—
(2) When flying above flight level 100 but not exceeding flight level 120—
Supply for | Duration |
(a) Members of the flight crew | Any period during which the aircraft flies above flight level 100 |
(b) Members of the cabin crew and 10% of passengers | For any continuous period exceeding 30 minutes during which the aircraft flies above flight level 100 but not exceeding flight level 120, the duration shall be the period by which 30 minutes is exceeded |
Supply for | Duration |
(a) Members of the flight crew | Any period during which the aircraft flies above flight level 120 |
(b) Members of the cabin crew and all passengers | Any period during which the aircraft flies above flight level 120 |
(2) When flying above flight level 100 but not exceeding flight level 250—
Supply for | Duration |
(a) Members of the flight crew | 30 minutes or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater |
(b) Members of the cabin crew and 10% of passengers |
(i) When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, 30 minutes or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater (ii) When the aircraft is not so capable, whenever the cabin pressure altitude is greater than 10,000 ft but does not exceed 12,000 ft |
(c) Members of the cabin crew and all passengers |
(i) When the aircraft is capable of descending and continuing to its destination as specified at A hereunder, no requirement other than that at (2)(b)(aa) of this Part of this Scale (ii) When the aircraft is not so capable and the cabin pressure altitude exceeds 12,000 ft, the duration shall be the period when the cabin pressure altitude exceeds 12,000 ft or 10 minutes, whichever is the greater |
Supply for | Duration |
(a) Members of the flight crew | 2 hours or whenever the cabin pressure altitude exceeds 10,000 ft, whichever is the greater |
(b) Members of the cabin crew | Whenever the cabin pressure altitude exceeds10,000 ft, and a portable supply for 15 minutes |
(c) 10% of passengers | Whenever the cabin pressure altitude exceeds10,000 ft but does not exceed 12,000 ft |
(d) 30% of passengers | Whenever the cabin pressure altitude exceeds12,000 ft but does not exceed 15,000 ft |
(e) All passengers | If the cabin pressure altitude exceeds 15,000 ft, the duration shall be the period when the cabin pressure altitude exceeds 15,000 ft or 10 minutes, whichever is the greater |
(f) 2% of passengers or 2 passengers, whichever is the greater, being a supply of first aid oxygen which must be available for simultaneous first aid treatment of 2% or 2 passengers wherever they are seated in the aircraft | Whenever, after decompression, the cabin pressure altitude exceeds 8,000 ft |
Scale M
Equipment to prevent the impairment through ice formation of the functioning of the controls, means of propulsion, lifting surfaces, windows or equipment of the aircraft so as to endanger the safety of the aircraft.
Scale N
An intercommunication system for use by all members of the flight crew and including microphones, not of a hand-held type, for use by the pilot and flight engineer (if any).
Scale O
(1) Subject to paragraph (2), a radar set capable of giving warning to the pilot in command of the aircraft and to the co-pilot of the presence of cumulo-nimbus clouds and other potentially hazardous weather conditions.
(2) A flight may commence if the set is unserviceable or continue if the set becomes unserviceable thereafter—
Scale P
(1) Subject to paragraphs (2) and (5), a flight data recorder which is capable of recording, by reference to a time-scale, the following data—
(2) Subject to paragraph (5), any aeroplane having a maximum total weight authorised not exceeding 11,400 kg may be provided with—
(3) Subject to paragraph (5), in addition, on all flights by turbine-powered aeroplanes having a maximum total weight authorised exceeding 11,400 kg, a 4 channel cockpit voice recorder.
(4) The flight data recorder and cockpit voice recorder referred to above shall be so constructed that the record would be likely to be preserved in the event of an accident to the aeroplane.
(5) An aeroplane shall not be required to carry the said equipment if, before take off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Department.
Scale Q
If the maximum total weight authorised of the aeroplane exceeds 5,700 kg and it was first registered on or after 1st June 1965, a door between the flight crew compartment and any adjacent compartment to which passengers have access, which door shall be fitted with a lock or bolt capable of being worked from the flight crew compartment.
Scale R
(1) In respect of—
(2) In respect of—
(3) Sub-paragraph (2)(b) shall not apply to such aeroplanes restricted by virtue of the operator's operations manual to flight at or below flight level 250 and capable of descending as specified at paragraph (4).
(4) The aeroplane is capable of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aeroplane, to flight level 100 within 4 minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.
Scale S
(1) Subject to paragraphs (7) and (8), either a 4 channel cockpit voice recorder or a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the flight path, attitude and the basic lift, thrust and drag forces acting upon it.
(2) Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the information specified in paragraph (1) together with use of VHF transmitters.
(3) Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane: the flight path, attitude, the basic lift, thrust and drag forces acting upon it, the selection of high lift devices (if any) and airbrakes (if any), the position of primary flying control and pitch trim surfaces, outside air temperature, instrument landing deviations, use of automatic flight control systems, use of VHF transmitters, radio altitude (if any), the level or availability of essential AC electricity supply and cockpit warnings relating to engine fire and engine shut-down, cabin pressurisation, presence of smoke and hydraulic/pneumatic power supply.
(4) Subject to paragraphs (7) and (8), either a cockpit voice recorder and a flight data recorder or a combined cockpit voice recorder/flight data recorder capable in either case of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—
(5) Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—
(6) Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale the data required to determine the following matters accurately in respect of the aeroplane—
(7) An aircraft shall not be required to carry the equipment specified in paragraphs (1) to (6) if, before take-off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Department.
(8) The cockpit voice recorder or flight data recorder or combined cockpit voice recorder/flight data recorder, as the case may be, shall be so constructed that the record would be likely to be preserved in the event of an accident.
Scale SS
(1) Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the following matters accurately in respect of the helicopter or gyroplane—
(2) Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the information specified in paragraph (1) together with the following matters accurately in respect of the helicopter or gyroplane—
(3) Subject to paragraphs (4) and (5)—
(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—
(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 Department.
(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, ½ 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, ½ 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—
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 Department.
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 Isle of Man — | |||||||||
(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 public transport | E1 | ||||||||
(2) All aircraft within the Isle of Man — | |||||||||
(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 Isle of Man — | |||||||||
(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 registered in the Isle of Man, wherever they may be, when flying under Instrument Flight Rules within controlled airspace | A | ||||||||
(6) All aeroplanes registered in the Isle of Man, wherever they may be, and all aeroplanes wherever registered when flying in the Isle of Man, 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 Isle of Man and flying within the airspace of the member states of the European Civil Aviation Conference; or | J | ||||||||
(b) flying in the Isle of Man | J |
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—
(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 14(7).
(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—
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—
(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.
(5) particulars of all maintenance work done on the engine;
(6) particulars of any defects occurring in the engine, and of the rectification of such defects;
(7) particulars of all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.
Variable pitch propeller log book
3.
The following entries shall be included in the variable pitch propeller log book—
(1) the name of the constructor, the type of propeller, the number assigned to it by the constructor and the date of the construction of the propeller;
(2) the nationality and registration marks of each aircraft, and the type and number of each engine, to which the propeller is fitted;
(3) the name and address of the operator of each such aircraft;
(4) either—
(5) particulars of all maintenance work done on the propeller;
(6) particulars of any defects occurring in the propeller, and of the rectification of such defects;
(7) particulars of any overhauls, repairs, replacements and modifications relating to the propeller.
Article | Subject Matter |
2 | Aircraft flying unregistered |
4 | Aircraft flying with false or incorrect markings |
11 | Flight without appropriate maintenance |
12 | Flight without a certificate of release to service |
13(2) and (3) | Aircraft maintenance whilst unfit or drunk etc. |
14 | Flight without required equipment |
15 | Flight without required radio equipment |
16 | Minimum equipment requirements |
17 | Failure to keep log books |
18 | Requirement to weigh aircraft and keep weight schedule |
20 | Crew requirement |
23(1) | Flight without valid medical certificate |
23(2) | Flight in unfit condition |
25 | Aerodrome operating minima — non-public transport aircraft |
26 | Requirement for pilot to remain at controls |
27 | Pre-flight action by commander of aircraft |
28 | Requirement for passenger briefing |
29 | Requirements for licensing and operation of radio station in aircraft |
30 | Requirement for minimum navigation performance equipment |
31 | Requirement for height keeping performance equipment — aircraft registered in the Isle of Man |
32 | Requirement for area navigation equipment and required navigation performance — aircraft registered in the Isle of Man |
33 | Requirement for an airborne collision avoidance system |
34 | Use of flight recording systems and preservation of records |
37 | Carriage of persons in or on any part of an aircraft not designed for that purpose |
41 | Prohibition of smoking in aircraft |
42 | Requirement to obey lawful commands of aircraft commander |
43(a) and (b) | Acting in a disruptive manner |
44 | Prohibition of stowaways |
55 | Breach of the Rules of the Air |
60 | Obstruction of persons performing duties under the Order |
Article | Subject Matter |
5 | Use of aircraft for public transport or aerial work |
6 | Flight without a certificate of airworthiness |
21 | Requirement to hold an appropriate flight crew licence |
35 | Prohibition of carriage of weapons and munitions of war |
36 | Requirements for the carriage of dangerous goods |
38 | Endangering safety of aircraft |
39 | Endangering safety of persons or property |
40 | Prohibition of drunkenness in aircraft |
43 (c) | Intentional interference |
45 | Crew's obligation not to fly in dangerous state of fatigue |
47 | Protection of air crew from cosmic radiation |
49 | Keeping and production of records of exposure to cosmic radiation |
54 (except (3)) | Use of false or unauthorised documents and records |
56 | Obligations in respect of flights over any foreign country |
57(5), (6) and (7) | Failure to report an occurrence |
57(8) | Making a false occurrence report |
58 | Flight in contravention of direction not to fly |
(4) Notwithstanding that an aircraft may be flying for the purpose of public transport by reason of sub-paragraph (3)(c), it shall not be deemed to be flying for the purpose of the public transport of passengers unless valuable consideration is given or promised for the carriage of those passengers.
(5) A glider shall not be deemed to fly for the purpose of public transport for the purposes of Part 3 of this Order by virtue of sub-paragraph (3)(c) if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club.
(6) Notwithstanding the giving or promising of valuable consideration specified in sub-paragraph (3)(c) in respect of the flight or the purpose of the flight it shall—
be deemed to be a private flight.
(7) Where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that valuable consideration would be given or promised if the transaction were effected otherwise than aforesaid, valuable consideration shall, for the purposes of this Order, be deemed to have been given or promised, notwithstanding any rule of law as to such transactions.
(8) For the purposes of—
(b) this paragraph "holding company" and "subsidiary" have the meanings respectively specified in section 736 of the Companies Act 1985[15].
Exceptions — flying displays etc.
2.
—(1) A flight shall, for the purposes of Part 4 of this Order, be deemed to be a private flight if—
(b) the only valuable consideration in respect of the flight or the purpose of the flight other than—
falls within sub-paragraph (2)(a) or (2)(b) or both.
(2) Valuable consideration falls within this sub-paragraph if it either is—
or falls within both (a) and (b) above.
(3) Any prize falling within sub-paragraph (2)(b) shall be deemed for the purposes of this Order not to constitute remuneration for services as a pilot.
Exceptions — charity flights
3.
—(1) Subject to sub-paragraph (2), a flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than—
is given or promised to a registered charity which is not the operator of the aircraft and the flight is made with the permission of the Department and in accordance with any conditions therein specified.
(2) If valuable consideration specified in paragraph 1(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 14(2) and 15(2))be deemed to be for the purpose of public transport.
(3) In this paragraph "registered charity" has the same meaning as in the Charities Registration Act 1989 (an Act of Tynwald), and includes an institution which is prescribed under section 2(3) of that Act.
Exceptions — cost sharing
4.
—(1) Subject to sub-paragraph (4), a flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within sub-paragraph (2) and the criteria in sub-paragraph (3) are satisfied.
(2) Valuable consideration falls within this paragraph if it is—
or falls within any two or all three of (a) to (c) above.
(3) The criteria in this sub-paragraph are satisfied if—
(4) If valuable consideration specified in paragraph 1(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 14(2) and 15(2))be deemed to be for the purpose of public transport.
Exceptions — recovery of direct costs
5.
—(1) Subject to sub-paragraph (2), a flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight other than—
is the payment of the whole or part of the direct costs otherwise payable by the pilot in command by or on behalf of the employer of the pilot in command, or by or on behalf of a body corporate of which the pilot in command is a director, provided that neither the pilot in command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried.
(2) If valuable consideration specified in paragraph 1(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 14(2) and 15(2)) be deemed to be for the purpose of public transport.
Exceptions — jointly owned aircraft
6.
—(1) A flight shall be deemed to be a private flight if the aircraft falls within sub-paragraph (2) and the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within sub-paragraph (3).
(2) An aircraft falls within this sub-paragraph if it is owned—
(b) by a company in the name of which the aircraft is registered and the registered shareholders of which (each of whom is a natural person) each holds not less than 5% of the shares in that company.
(3) Valuable consideration falls within sub-paragraph if it is either—
or falls within both (a) and (b) above.
Exceptions — parachuting
7.
—(1) A flight shall be deemed to be for the purpose of aerial work if it is a flight in respect of which valuable consideration has been given or promised for the carriage of passengers and which is for the purpose of—
(2) In this paragraph "parachuting permission" means a parachuting permission granted by the Department under article 67 of the Air Navigation Order 2005 as applied to the Isle of Man under section 11 of the Airports and Civil Aviation Act 1987 (an Act of Tynwald).
[4] O.J. No. L159, 29.6.96, p. 1.back
[5] O.J. No. L167, 4.7.2003, p. 23.back
[10] O.J. No. L240, 7.9.2002, p.1.back
[12] O.J. No. L 315, 28.11.2003, p. 1.back