Air Navigation (Overseas Territories) Order 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/422 |
1977 No. 422
CIVIL AVIATION
The Air Navigation (Overseas Territories) Order 19779thMarch 1977
18thMarch 1977
9thApril 1977 for all other purposes for all other purposes for all other purposes9thJune 1977
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—operator's responsibilities.
52. Fatigue of crew—responsibilities of crew.
53. Flight times—responsibilities of flight crew.
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 and student 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 Commonwealth.
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 of Saint James, the 9th day of March 1977
Present,
The Counsellors of State in Council
Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 3rd day of February 1977, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:
Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and Her Royal Highness The Princess Anne, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by the Civil Aviation Act 1949(a), the Civil Aviation Act 1949 (Overseas Territories) Order 1969(b) as amended by the Civil Aviation Act 1971 (Overseas Territories) Order 1976(c) and all other powers enabling Her Majesty, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf 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 1977.
(2) This Order shall come into operation—
(a) on 9th April 1977, for the purposes of Articles 60(6), 88 and 91; and
(b) on 9th June 1977, for all other purposes.
Revocation
2.—(1) Subject to the following provisions of this Article, the following Orders are hereby revoked, that is to say—
The Air Navigation (Overseas Territories) Order 1976(d);
The Air Navigation (Overseas Territories) (Amendment) Order 1976(e);
Provided that nothing in the above revocations shall affect the proviso to Article 2(1) of the Air Navigation (Overseas Territories) Order 1976 (which saved the Thirteenth Schedule to the Colonial Air Navigation Order 1961(f), and that proviso shall remain in force, but as if the reference therein to Article 91 of the Air Navigation (Overseas Territories) Order 1976 were a reference to Article 91 of this Order.
(2) Section 38(2) of the Interpretation Act 1889(g) (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.
(a) 1949 c. 67.
(b) S.I. 1969/592 (1969 I, p. 1650).
(c) S.I. 1976/1912 (1976 III, p. 5123).
(d) S.I. 1976/421 (1976 I, p. 1107).
(e) S.I. 1976/1776 (1976 III, p. 4718).
(f) S.I. 1961/2316 (1961 III, p. 4146).
(g) 1889 c. 63.
(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 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...
To continue reading
Request your trial