Air Navigation (Overseas Territories) Order 1976
| Jurisdiction | UK Non-devolved |
| Citation | SI 1976/421 |
1976 No. 421
CIVIL AVIATION
The Air Navigation (Overseas Territories) Order 197617thMarch 1976
5thApril 1976
26thApril 1976 for all other purposes for all other purposes for all other purposes1stNovember 1976
ARRANGEMENT OF ORDER
CITATION, COMMENCEMENT AND REVOCATION
Article
1. Citation and commencement.
2. Revocation.
PART I
REGISTRATION AND MARKING OF AIRCRAFT
3. Aircraft to be registered.
4. Registration of aircraft in the Territory.
5. Nationality and registration marks.
PART II
AIR OPERATORS' CERTIFICATES
6. Issue of air operators' certificates.
PART III
AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
7. Certificate of airworthiness to be in force.
8. Issue, renewal, etc., of certificates of airworthiness.
9. Certification of maintenance.
10. Maintenance of General Purpose Category aircraft.
11. Inspection, overhaul, repair, replacement and modification.
12. Licensing of maintenance engineers.
13. Equipment of aircraft.
14. Radio equipment of aircraft.
15. Aircraft, engine and propeller log books.
16. Aircraft weight schedule.
17. Access and inspection for airworthiness purposes.
PART IV
AIRCRAFT CREW AND LICENSING
18. Composition of crew of aircraft.
19. Members of flight crew—requirement of licences.
20. Grant, Renewal and Effect of Flight Crew Licences.
21. Validation of licences.
22. Personal flying log book.
23. Instruction in flying.
24. Glider pilot—minimum age.
PART V
OPERATION OF AIRCRAFT
25. Operations Manual.
26. Training manual.
27. Public transport—operator's responsibilities.
28. Loading—public transport aircraft and suspended loads.
29. Public transport—operating conditions.
30. Aircraft registered in the Territory—aerodrome operating minima.
31. Aircraft not registered in the Territory—aerodrome operating minima.
32. Pre-flight action by commander of aircraft.
33. Pilots to remain at controls.
34. Public transport of passengers—duties of commander.
35. Operation of radio in aircraft.
36. Use of flight data recorders and preservation of records.
37. Towing of gliders.
38. Towing, picking up and raising of persons and articles.
39. Dropping of persons and articles.
40. Carriage of weapons and of munitions of war.
41. Carriage of dangerous goods.
42. Method of carriage of persons.
43. Exits and break-in markings.
44. Imperilling safety of aircraft.
45. Imperilling safety of any person or property.
46. Drunkenness in aircraft.
47. Smoking in aircraft.
48. Authority of commander of aircraft.
49. Stowaways.
PART VI
FATIGUE OF CREW
50. Application and interpretation of Part VI.
51. Fatigue of crew—operators responsibilities.
52. Fatigue of crew—responsibilities of crew.
53. Flight times—responsibilities of flight crews.
PART VII
DOCUMENTS AND RECORDS
54. Documents to be carried.
55. Records to be kept.
56. Production of documents and records.
57. Preservation of documents, etc.
58. Revocation, suspension and variation of certificates, licences and other documents.
59. Offences in relation to documents and records.
PART VIII
CONTROL OF AIR TRAFFIC
60. Rules of the air and air traffic control.
61. Licensing of air traffic controllers and student air traffic controllers.
62. Prohibition of unlicensed air traffic controllers.
63. Incapacity of air traffic controllers.
64. Power to prohibit or restrict flying.
65. Balloons, kites and airships.
PART IX
AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS
66. Aerodromes: public transport of passengers and instruction in flying.
67. Use of Government aerodromes.
68. Licensing of aerodromes.
69. Radio Equipment at aerodromes.
70. Records at aerodromes.
71. Charges at aerodromes licensed for public use.
72. Use of aerodromes by aircraft of Contracting States and of the Common-wealth.
73. Noise and vibration caused by aircraft on aerodromes.
74. Aeronautical lights.
75. Dangerous lights.
76. Customs airports.
PART X
GENERAL
77. Prohibited Areas.
78. Restriction with respect to aerial photography and survey from aircraft registered outside the Territory.
79. Mandatory Reporting.
80. Power to prevent aircraft flying.
81. Right of access to aerodromes and other places.
82. Obstruction of persons.
83. Enforcement of directions.
84. Penalties.
85. Extra-territorial effect of the Order.
86. Application of Order to British-controlled aircraft not registered in the Territory.
87. Application of Order to the Crown and visiting forces, etc.
88. Exemption from Order.
89. Appeal to Supreme Court.
90. Application of Order.
91. Regulations by the Governor: Fees.
92. Interpretation.
93. Saving.
94. Small aircraft.
SCHEDULES
Schedule 1—Part A. Table of General Classification of Aircraft
Part B. Nationality and Registration Marks of Aircraft
Registered in the Territory
Part C. Aircraft Dealers Certificate—Conditions
Schedule 2—A and B conditions
Schedule 3—Categories of Aircraft
Schedule 4—Maintenance Engineers: Privileges of Licences.
Schedule 5—Aircraft Equipment.
Schedule 6—Radio equipment to be carried in aircraft.
Schedule 7—Aircraft, Engine and Propeller Log Books.
Schedule 8—Areas Specified in connection with the Carriage of Flight
Navigators as Members of the Flight Crews of Public
Transport Aircraft.
Schedule 9—Flight Crew of Aircraft: Licences and Ratings.
Schedule 10—Air Traffic Controllers: Ratings.
Schedule 11—Public Transport: Operational Requirements.
Schedule 12—Documents to be Carried by Aircraft Registered in the
Territory.
Schedule 13—Penalties.
Schedule 14—Rules of the Air and Air Traffic Control.
Schedule 15—Air Navigation (General) Regulations.
Schedule 16—Territories to which this Order applies.
At the Court at Buckingham Palace, the 17th day of March 1976
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty in exercise of the powers conferred upon Her by the Civil Aviation Act 1949(a), and the Civil Aviation Act 1949 (Overseas Territories) Order 1969(b), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
CITATION, COMMENCEMENT AND REVOCATION
Citation and commencement
1.—(1) This Order may be cited as the Air Navigation (Overseas Territories) Order 1976.
(2) This Order shall come into operation—
(a) on 26th April 1976, for the purposes of Articles 88 and 91;
(b) on 1st November 1976, for all other purposes.
Revocation
2.—(1) Subject to the following provisions of this Article, the following Orders are hereby revoked, in so far as they apply as part of the law of the Territories mentioned in Schedule 16 to this Order—
The Colonial Air Navigation Order 1961(c);
The Colonial Air Navigation (Amendment) Order 1962(d);
The Colonial Air Navigation (Amendment) Order 1963(e);
The Colonial Air Navigation (Amendment) Order 1965(f);
The Colonial Air Navigation (Amendment) Order 1968(g);
The Colonial Air Navigation (Amendment) Order 1972(h):
Provided that the Thirteenth Schedule to the Colonial Air Navigation Order 1961 (which specifies fees) as substituted by Article 11 of the Colonial Air Navigation (Amendment) Order 1968 shall remain in force until revoked and replaced by fees prescribed under Article 91 of this Order, and in the meantime may be varied by the Governor as if prescribed by him under that Article.
(2) Section 38(2) of the Interpretation Act 1889(i) (which relates to the effect of repeals) shall apply to this Order as if this Order were an Act of Parliament and as if the Orders revoked by paragraph (1) of this Article were Acts of Parliament thereby repealed.
(3) Notwithstanding the revocation of the Orders mentioned in paragraph (1) of this Article, any instrument (that is to say any regulation, direction, instrument, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, log book, record or other document) issued, made, served or granted under those Orders, or under any enactment revoked by any of those Orders, if in force at the commencement of this Order, shall (except to
(a) 1949 c. 67.
(b) S.I. 1969/592 (1969 I, p. 1650).
(c) S.I. 1961/2316 (1961 III, p. 4146).
(d) S.I. 1962/2597 (1962 III, p. 3485).
(e) S.I. 1963/1966 (1963 III, p. 3831).
(f) S.I. 1965/588 (1965 I, p. 1845).
(g) S.I. 1968/1090 (1968 II, p. 2943).
(h) S.I. 1972/445 (1972 I, p. 1649).
(i) 1889 c. 63.
the extent that such instrument is inconsistent with the provisions of this Order, and without prejudice to Article 58 of this Order or to any power to amend any such instrument) continue in force until superseded, revoked or otherwise terminated and, so far as it could have been issued, made, served or granted under this Order, shall have effect as if issued, made, served or granted under this Order and this Order shall apply to or in relation to such instrument accordingly:
Provided that any such instrument which is expressed to remain in force for a definite period shall not remain in force after the expiration of that period unless it shall be renewed in accordance with the provisions of this Order or in accordance with any prescribed provisions.
PART I
REGISTRATION AND MARKING OF AIRCRAFT
Aircraft to be registered
3.—(1) An aircraft shall not fly in or over the Territory unless it is registered in:
(a) some part of the Commonwealth; or
(b) a Contracting State; or
(c) some other country in relation to which there is in force an agreement between Her Majesty's Government in the United Kingdom and the Government of that country which makes provision for the flight over the Territory of aircraft registered in that country:
Provided that:
(i) a glider may fly unregistered, and shall be deemed to be registered in the Territory for the purposes of Articles 13, 14, 19 and 32 of this Order, on any flight which:
(a) begins and ends in the Territory without passing over any other country, and
(b) is not for the purpose of public transport or aerial work;
(ii) any aircraft may fly unregistered on any flight which:
(a) begins and ends in the Territory without passing over any other country, and
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