S.I. No. 96/1953 - Air Navigation (Operations) Order, 1953.


S.I. No. 96 of 1953.

AIR NAVIGATION (OPERATIONS) ORDER, 1953.

ARRANGEMENT OF ARTICLES.

PART I.

PRELIMINARY.

Article.

1. Short title and Commencement.

2. Definitions.

3. Amendments and revocations.

4. Application of this Order.

5. Exemption from the Order.

PART II.

GENERAL.

6. Operating supervision.

PART III.

FLIGHT OPERATIONS.

7. Operations Manual.

8. Minimum flight altitudes.

9. Flight preparation.

10. Load sheets.

11. Flight planning.

12. Determination of aerodrome meteorological minima.

13. Weather conditions.

14. Meteorological observations and reports.

15. Fuel and oil supply.

16. Pilots at controls.

17. Oxygen supply.

PART IV.

AIRCRAFT OPERATING LIMITATIONS.

18. Conditions of operation.

19. Requirements for public transport aircraft.

20. Transport Category A aeroplanes.

21. Transport Category D aeroplanes.

22. Aeroplanes not in Transport Category.

PART V.

AIRCRAFT INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES.

Article

23. Carriage of instruments, equipment and safety devices.

PART VI.

AIRCRAFT RADIO EQUIPMENT.

24. Radio equipment to be carried.

25. Failure of components.

26. Fulfilment of requirements.

27. Approval of equipment.

PART VII.

AIRCRAFT FLIGHT CREW.

28. Composition of the flight crew.

29. Qualifications of pilot in command.

30. Duties of pilot in command.

PART VIII.

AIRCRAFT MAINTENANCE.

31. Organisation.

32. Inspection.

33. Maintenance Manual.

34. Maintenance release.

35. Training.

36. Certification.

37. Modification and repairs.

38. Records.

39. Definition.

SCHEDULE.

Instruments, equipment and safety devices for aircraft.

S.I. No. 96 of 1953.

AIR NAVIGATION (OPERATIONS) ORDER, 1953.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by the Air Navigation and Transport Acts, 1936 to 1950, hereby order as follows :—

PART I. PRELIMINARY.

1 Short title and Commencement.

1.—(1) This Order may be entitled the Air Navigation (Operations) Order, 1953.

(2) This Order shall come into operation on the first day of April, 1953.

2 Definitions.

2.—(1) In this Order,

" aerodrome " means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and movement of aircraft ;

" aerodrome meteorological minima " means the minimum height of cloud base and the minimum values of visibility which are defined for the purpose of determining the usability of an aerodrome either for take-off or landing ;

" aeroplane " means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight ;

" Aeroplane Flight Manual " means a manual, associated with the certificate of airworthiness, containing limitations within which the aeroplane is to be considered airworthy, and instructions and information necessary to the flight crew members for its safe operation ;

" alternate aerodrome " means any aerodrome (including the aerodrome of departure) specified in a flight plan and to which a flight may proceed when a landing at the intended destination becomes inadvisable ;

" appropriate authority " means, in relation to the State, the Minister, and in relation to any other state, the national authority responsible for the safety of air navigation in or over the territory of that state ;

" crew member " means a person assigned by an operator to duty on an aircraft during flight time ;

" flight crew member " means a licensed crew member charged with duties essential to the operation of the aircraft during flight time ;

" flight time " means the total time from the moment an aircraft first moves under its own power from the loading point for the purpose of taking-off until the moment it comes to rest at the unloading point at the end of the flight ;

" instrument flight rules " means the rules contained in Section IV of the Schedule to the Air Navigation (Rules of the Air) Order, 1949 ;

" landing surface " means that part of the surface of an aerodrome which the aerodrome authority has declared available for the normal ground or water run of aircraft landing in a particular direction ;

" Minister " means the Minister for Industry and Commerce ;

" night " means the period commencing at the end of evening civil twilight and terminating at the beginning of morning civil twilight ;

" operator " means any person, organisation or enterprise engaged in or offering to engage in an aircraft operation ;

" pilot in command " means the pilot responsible for the operation and safety of the aircraft during flight time ;

" prescribed " means prescribed by a direction given by the Minister under this Order ;

" public transport aircraft " means aircraft carrying passengers or goods for hire or reward or, in a case where the carriage is effected by an air transport undertaking, whether for hire or reward or not, provided that an aircraft which is being used solely for—

(a) the purpose of training any person or persons carried therein, in addition to the personnel thereof, to perform duties in an aircraft; or

(b) the carriage of persons for the purpose of undergoing instruction in flying

shall not, save only for the purposes of Articles 32, 33 and 34 hereof, be deemed to be a public transport aircraft for the purpose of this Order, notwithstanding that as regards (a) the carriage may be effected by an air transport undertaking and that as regards (b) payment may be made for such instruction ;

" take-off area " means a take-off surface augmented in the direction of take-off by a portion of the aerodrome which the aerodrome authority has declared available for accelerate-stop purposes for aircraft intending to take-off in that direction ;

" take-off surface " means that part of the surface of an aerodrome which the aerodrome authority has declared available for the normal ground or water run of aircraft taking off in a particular direction ;

" visual flight rules " means the rules contained in Section III of the Schedule to the Air Navigation (Rules of the Air) Order, 1949.

(2) Directions under this Order may be given in the form of Notices to Aircraft Owners and Aircraft Engineers.

3 Amendments and revocations.

3.—(1) The Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), are hereby amended by the deletion of Regulations 20(2), (3), (4), 24, 25, 35, 38 and 39.

(2) The following Directions are hereby revoked :—

(a) the Air Navigation (Aircraft Equipment) Directions, 1938 ( S. R. & O. No. 263 of 1938 ) ;

(b) the Air Navigation (Aircraft Equipment) Directions, 1940 (S. R. & O. No. 123 of 1940).

4 Application of this Order.

4.—(1) Subject to the provisions of paragraph (2) of this Article, this Order shall apply, unless the contrary intention appears, to all aircraft registered in the State wherever such aircraft may be.

(2) With the exception of Articles 6(2), (3), (9), (10), (11), 9, 10, 11(1), 13(1), (5), 14, 15(2), 16, 17, 18 to 22 (Part IV), 23 (Part V), 24(1), 27, 28, 30(1) (a) (c) (d) (e) and 31 to 39 (Part VIII), this Order shall not apply in relation to any public transport aircraft—

(i) which is engaged in operations other than scheduled airline services; and

(ii) the maximum total authorised weight of which is less than 12,500 lb. or 5,700 Kgs.

when such aircraft is operating under the visual flight rules and references to public transport aircraft in this Order shall be construed accordingly.

5 Exemption from the Order.

5. The Minister may by written authority exempt from the provisions of this Order or any of them any aircraft or persons or classes of aircraft or persons and such exemption may in any particular case be subject to any conditions or alterations which in the circumstances of that case may appear to him to be required.

PART II. GENERAL.

6 Operating supervision.

6.—(1) The provisions of this Article shall apply in relation to public transport aircraft.

(2) The operator shall ensure that all crew members are aware that, when in or over the territory of another state, they must comply with the laws, regulations and procedures in force in such state.

(3) The operator shall ensure that each pilot is familiar with the regulations and procedures in force pertinent to the performance of his duties in the areas to be traversed, the aerodromes to be used and the air navigation facilities relating thereto, and that other flight crew members are familiar with such of those regulations and procedures as are pertinent to the performance of their respective duties in the operation of the aircraft.

(4) The operator shall ensure that all operations personnel are fully instructed as to their respective duties and responsibilities and as to the relationship of such duties and responsibilities to the operation as a whole.

(5) The operator shall ensure that the competence of each pilot and his ability to execute emergency procedures is checked in such a manner as the Minister may approve for the purpose. Such checks shall be performed twice during any period of one year, provided that two checks which are similar in character shall not meet this requirement if performed within a period of four consecutive months.

(6) The operator shall ensure that all crew members are instructed and periodically examined in the use of the emergency and life-saving equipment required to be carried under the provisions of this Order, and that they are practised in the emergency evacuation of the aircraft used.

(7) The operator shall maintain, and shall submit to the Minister on request, current records of the flight time of each flight crew member and shall establish, subject to the approval of the Minister, limitations on those flight times such as to ensure that fatigue, either occurring in the course of a flight or successive flights or accumulating over a period of time, shall not endanger the safety of a flight.

(8) The operator or his designated representative shall have responsibility for operational control.

(9) If an emergency situation which endangers the safety of the aircraft or persons necessitates the taking of action which involves a violation of local regulations or procedures by any crew member, the pilot in command shall notify the appropriate local authority without delay. If required by the state in which the incident occurs, the pilot in command shall submit a report on any such violation to the appropriate authority of such state ; in that event the pilot in command shall also submit a report to the Minister. Such reports shall be submitted as soon as possible and normally within ten days.

(10) Explosives and other dangerous articles other than those necessary for the operation or navigation of the aircraft or for the safety of the personnel or passengers on board shall not be carried in an aircraft unless the carriage of such articles is approved by the Minister.

(11) Operators shall ensure that pilots-in-command have available on board the aircraft all the essential information concerning the search and rescue services in the area over which the aircraft will be operating. This information may be made available to the pilot by means of the Operations Manual where appropriate.

(12) An operator of public transport aircraft engaged in scheduled airline services shall establish and maintain a system (which shall be subject to the approval of the Minister) of supervision of flight operations.

(13) An operator of public transport aircraft shall ensure that a flight shall not be commenced unless ground or water facilities, sufficient and operated adequately for the safety of the aircraft and its passengers, are available.

(14) In the event of any inadequacy being found in the facilities referred to in the last preceding paragraph, the operator shall cause such inadequacy to be reported to the authority immediately responsible for them.

PART III. FLIGHT OPERATIONS.

7 Operations Manual.

7.—(1) The provisions of this Article shall apply in relation to public transport aircraft.

(2) The operator shall provide, for the use and guidance of the flight crew members and operations personnel, an Operations Manual containing the following particulars :—

(a) in respect of scheduled airline services—

(i) such instructions as will clearly define the duties and responsibilities of each flight crew member and of any other personnel concerned with flight operations ;

(ii) the flight crew required for each stage of all routes to be flown, including instructions as to the person to be in command of the aircraft and as to the succession of command ;

(iii) emergency flight procedures ;

(iv) the minimum flight altitudes for each route to be flown, established in accordance with the provisions of Article 8 of this Order ;

(v) aerodrome meteorological minima determined in accordance with the provisions of Article 12 of this Order ;

(vi) the circumstances in which a radio listening watch is to be maintained ;

(vii) a list of the navigational equipment to be carried ;

(viii) specific instructions for the computation of the quantities of fuel and oil to be carried on each route, having regard to the provisions of Article 15 of this Order;

(ix) a route guide for each route own, containing approach and landing charts, and information relating to communication and search and rescue facilities, navigational aids, aerodromes, procedures during flight and such other information as the operator may deem necessary for the proper conduct of flight operations ;

(x) the conditions under which oxygen shall be used by the crew members, pursuant to the provisions of Article 17(4) of this Order ;

(b) in respect of operations other than scheduled airline services :

(i) such instructions as will clearly define the duties and responsibilities of each flight crew member and of any other personnel concerned with flight operations ;

(ii) the flight crew required for each type of operation to be conducted, including instructions as to the person to be in command of the aircraft and as to the succession of command ;

(iii) emergency flight procedures ;

(iv) the method by which minimum flight altitudes shall be determined in accordance with the provisions of Article 8 of this Order ;

(v) the method by which aerodrome meteorological minima shall be determined in accordance with the provisions of Article 12 of this Order ;

(vi) the circumstances in which a radio listening watch is to be maintained ;

(vii) a list of the navigational equipment to be carried ;

(viii) specific instructions for the computation of the quantities of fuel and oil to be carried for the particular operation, having regard to the provisions of Article 15 of this Order ;

(ix) the method of obtaining information relating to communications and search and rescue facilities, navigational aids, aerodromes, procedures during flight and such other information as the operator may deem necessary for the proper conduct of flight operations ; provided that if a route is in frequent use the Operations Manual shall contain a route guide for such route containing such information ;

(x) the conditions under which oxygen shall be used by the crew members, pursuant to the provisions of Article 17(4) of this Order.

(3) The operator shall ensure that the Operations Manual is revised as may be necessary by reason of any change affecting the operation of the aircraft or its equipment, or as may otherwise be necessary to ensure that the information in the said Manual is kept up to date, or as may be required by the Minister.

(4) The operator shall ensure that any revisions made in the said Manual pursuant to the last preceding paragraph of this Article are supplied to holders of the Manual, and that a copy of the said Manual is carried in the aircraft and is kept up to date by the incorporation therein of such revisions.

(5) The operator shall establish a flight check system to be used by the flight crew prior to and on take-off, in flight, on landing, and in emergency, to ensure that the operating procedures specified in the Operations Manual, and in the Aeroplane Flight Manual or other documents associated with the relevant certificate of airworthiness, or such other performance data as the Minister may accept as equivalent thereto, are followed exactly.

8 Minimum flight altitudes.

8.—(1) An operator of public transport aircraft shall :—

(a) in respect of scheduled airline services, establish and specify in the Operations Manual minimum flight altitudes for flight under instrument flight rules for each route flown ;

(b) in respect of operations other than scheduled airline services, establish and specify in the Operations Manual a method by which minimum flight altitudes for flight under instrument flight rules for each route to be flown shall be determined ; but for the purposes of this subparagraph, if a route is in frequent use, the minimum flight altitudes for such route shall be established by the operator and specified in the Operations Manual.

(2) When establishing minimum flight altitudes or the method by which they shall be determined, as the case may be, the operator shall take into consideration all relevant factors affecting the safety of the operation concerned, including—

(a) the accuracy with which the position of the aircraft can be determined ;

(b) the probable inaccuracies in the indications given by the altimeters used ;

(c) the characteristics of the terrain along the route, with particular reference to any sudden changes in elevations ;

(d) the probability of encountering unfavourable meteorological conditions and the likelihood of severe turbulence and descending air currents ;

(e) possible inaccuracies in aeronautical charts.

9 Flight preparation.

9.—(1) No aircraft shall commence a flight unless and until the pilot in command has satisfied himself that—

(a) the aircraft is airworthy ;

(b) the instruments, equipment and safety devices required by Part V of this Order for the particular type of operation to be undertaken are installed and are adequate in every way for the flight, and that the radio apparatus (if any) is in working order ;

(c) the weight of the aircraft is such that the flight can be conducted safely, taking into account the flight conditions expected ;

(d) the load carried is so distributed and secured that the aircraft is safe for the flight ;

(e) a check has been completed indicating that the provisions of Part IV of this Order are complied with for the flight to be undertaken ;

(f) the view of the pilot is not interfered with by any obstruction not forming part of the structure of the aircraft and is not obscured by any discolouration of, or damage to or deposit on any of the windows, windscreens or side screens of the aircraft ; provided that nothing in this subparagraph shall preclude the use of coloured screens in aircraft employed in training for instrument flying ;

(g) sufficient fuel and oil are carried for the proposed flight ;

(h) the supply of electricity is adequate for the operation of such electrical equipment installed in the aircraft as will be used on the flight ;

(i) the wings, tail and control surfaces are free from ice, frost and snow.

(2) No public transport aircraft shall commence a flight unless and until flight preparation forms have been completed certifying that the pilot in command has satisfied himself with regard to the matters specified in the last preceding paragraph and has also satisfied himself that :—

(a) a maintenance release which is a Certificate of Safety for Flight as required by paragraph (3) of Article 32 of this Order has been issued in respect of the aircraft ;

(b) the quantities of fuel and oil have been computed in accordance with the provisions of Article 15 of this Order ; and

(c) the requirements of Article 11 of this Order have been complied with.

(3) The flight preparation forms required under paragraph (2) of this Article shall be in such form as the Minister may require or approve, and shall be signed by the pilot in command before the commencement of the flight to which they relate. They shall be retained by the operator for a period of six months after the flight to which they relate.

10 Load sheets.

10.—(1) With the exception of public transport aircraft—

(a) of which the maximum total authorised weight does not exceed 2,500 lb. or 1,140 Kgs. ; or

(b) flying on local flights of short duration starting from and finishing at one and the same aerodrome without intermediate landing ;

no public transport aircraft shall fly or attempt to fly unless and until—

(i) the operator has obtained the approval of the Minister of written loading instructions in respect of the aircraft ;

(ii) the loading of the aircraft for the proposed flight has been completed in accordance with such instructions ;

(iii) the person superintending the loading of the aircraft for the proposed flight has prepared, signed and dated a load sheet in duplicate containing the particulars specified in paragraph (2) of this Article ; and

(iv) the load sheet has been submitted to the pilot in command of the aircraft and has been examined by him for the purpose of satisfying himself as to the matters specified in subparagraphs (c) and (d) of paragraph (1) of Article 9 of this Order.

(2) The load sheet prepared in accordance with the provisions of this Article shall contain:—

(a) the nationality and registration marks of the aircraft ;

(b) sufficient data to enable the particular flight to be readily identified ;

(c) particulars of the several weights from which the total weight of the aircraft as loaded has been computed ; and

(d) a certificate by the person superintending the loading of the aircraft that the load has been distributed in accordance with the written loading instructions submitted to the Minister and approved by him in respect of the aircraft.

(3) Subject to the provisions of paragraph (4) of this Article, the weight to be entered in the load sheet in respect of the crew members and passengers to be carried in the aircraft on the particular flight shall be computed from the actual weight of each person as ascertained by individual weighings.

(4) With respect to an aircraft having a total seating capacity of twelve persons or more, the person superintending the loading of the aircraft may, if so instructed by the pilot in command of the aircraft, compute the weight of the crew members and passengers to be entered in the load sheet in accordance with the following table of average weights instead of from the actual weight of each person as ascertained by individual weighings—

for each adult male, including each crew member

165 lb. or 75 Kgs.

for each adult female, including each crew member

143 lb. or 65 Kgs.

for each child of two years of age or more, but under twelve years

88 lb. or 40 Kgs.

for each child under two years of age

17·6 lb. or 8 Kgs..

provided that the pilot in command of the aircraft shall, if he considers it necessary so to do, require the actual weights of any persons who appear to him to be above the average weights set out in the preceding table to be ascertained by the individual weighing of each such person.

(5) Whenever the weights of persons entered in the load sheet have been computed in accordance with the table set out in paragraph (4) of this Article, the load sheet shall be endorsed to that effect.

(6) In this Article, the expression " the person superintending the loading of the aircraft " means the person who collates all weight information for the preparation of the load sheet and who determines the weight of the aircraft and the distribution of the load for the purpose of compliance with the provisions of subparagraphs (c) and (d) of paragraph (1) of Article 9 of this Order.

11 Flight planning.

11.—(1) An operational flight plan shall be completed in respect of every intended flight by a public transport aircraft, indicating that the flight can be conducted with safety and that the requirements of Article 13 and Article 15 of this Order have been complied with. Such flight plan shall be approved and signed by the pilot in command and shall be filed with the operator, his agent or the aerodrome authority, or, if none of these procedures is possible, shall be left on record in a suitable place at the point of departure.

(2) The flight plan shall include at least one alternate aerodrome when a significant portion of the flight is to be conducted in weather conditions which necessitate compliance with instrument flight rules except in special cases where the aerodrome of intended landing is isolated and no suitable alternate is available.

(3) In the case of operations other than scheduled airline services, the flight plan of public transport aircraft engaged therein shall include additionally :—

(a) the minimum safe flight altitudes for the route to be flown ;

(b) the meteorological minima for the aerodromes to be used, including the designated alternates.

12 Determination of aerodrome meteorological minima.

12.—(1) An operator of public transport aircraft shall :—

(a) in respect of scheduled airline services, determine and specify in the Operations Manual aerodrome meteorological minima ;

(b) in respect of operations other than scheduled airline services, establish and specify in the Operations Manual a method by which aerodrome meteorological minima shall be determined,

for each aerodrome on the routes to be flown which will be or is likely to be used as an aerodrome of intended landing or as an alternate aerodrome or which, being suitable, may require to be used in an emergency ; provided that, as regards (b)—

(i) if a route is in frequent use, the aerodrome meteorological minima for each such aerodrome on that route shall be determined by the operator and specified in the Operations Manual ;

(ii) the method by which it is proposed to determine the meteorological minima shall be submitted to the Minister for his approval and shall not be specified in the Operations Manual unless and until approved by him.

(2) When determining values of aerodrome meteorological minima to apply in any particular circumstances, or establishing a method by which such minima shall be determined, as the case may be, the operator shall take into consideration all relevant factors, including—

(a) the handling and performance characteristics of the aircraft concerned ;

(b) the competence of the crew members ;

(c) the widths and lengths of runways of the aerodromes to be used ;

(d) the minimum obstacle clearances for the instrument approach procedure for the navigational facility to be used ;

(e) other meteorological minima which may be established for flight in the vicinity of an aerodrome ;

(f) the adequacy of the aids to approach and landing available at the aerodromes to be used.

(3) The meteorological minima determined for any aerodrome in accordance with the provisions of this Article shall not be lower than the aerodrome meteorological minima, if any, established for such aerodrome by the appropriate authority unless such meteorological minima have been specifically approved by that authority.

13 Weather conditions.

13.—(1) No aircraft shall commence a flight which is to be conducted in accordance with the visual flight rules unless current available meteorological information indicates that the meteorological conditions along the route or that part of the route to be flown under the visual flight rules are, and will continue to be, such as to make it possible for the flight to be conducted in accordance with those rules.

(2) No public transport aircraft shall commence a flight to be conducted in accordance with the instrument flight rules unless the available meteorological information indicates that meteorological conditions at at least one aerodrome specified in the flight plan will, at the estimated time of arrival at that aerodrome, be at or above the aerodrome meteorological minima specified in the Operations Manual or, as the case may be, determined in accordance with the method specified in the said Manual for that aerodrome when used as an alternate.

(3) No public transport aircraft shall continue a flight towards the aerodrome of intended landing unless the latest available meteorological information indicates that conditions at that aerodrome, or at at least one alternate aerodrome, will, at the expected time of arrival at either, be at or above the aerodrome meteorological minima specified for such aerodrome in the Operations Manual or, as the case may be, determined for such aerodrome in accordance with the method specified in the said Manual.

(4) Except in the case of an emergency, no public transport aircraft shall continue its approach to landing at any aerodrome beyond a point at which the limits of the aerodrome meteorological minima specified for such aerodrome in the Operations Manual, or, as the case may be, determined for such aerodrome in accordance with the method specified in the said Manual, would be infringed.

(5) No aircraft shall commence a flight to be operated in known or expected icing conditions unless the aircraft is equipped to cope with such conditions.

14 Meteorological observations and reports.

14.—(1) All aircraft shall, so far as may be possible, report weather conditions observed during a flight at such times or from such points as may be required by the appropriate authority.

(2) All aircraft shall report hazardous flight conditions encountered during a flight to the appropriate air traffic control as soon as possible. The reports shall include such details as may be pertinent to the safety of other aircraft.

15 Fuel and oil supply.

15.—(1) The provisions of this Article shall apply in relation to public transport aircraft.

(2) The operator shall ensure that a flight will not be commenced unless at least sufficient fuel and oil are carried on board the aircraft to enable it safely to complete the flight and to provide a reserve quantity additional to the quantity required to accomplish the flight as specified in the operational flight plan, taking into account, inter alia, any delays that are expected in flight and the effect of wind and other meteorological conditions at the altitudes specified in the flight plan.

(3) The fuel and oil to be carried pursuant to the last preceding paragraph of this Article shall be at least that quantity sufficient to enable the aircraft—

(a) if an alternate aerodrome is not required by the provisions of paragraph (2) of Article 11 of this Order, to fly to the aerodrome of intended landing and thereafter for a period of forty-five minutes ;

(b) if an alternate aerodrome is required by the provisions of paragraph (2) of Article 11 of this Order, either—

(i) to fly to the aerodrome of intended landing and thence to an alternate aerodrome and thereafter for a period of forty-five minutes, or

(ii) to fly to the alternate aerodrome via any predetermined point and thereafter for forty-five minutes, provided that this quantity shall not be less than the quantity required to fly to the aerodrome of intended landing and thereafter for either forty-five minutes and fifteen per cent. of the flight time planned to be spent at the cruising levels or two hours, whichever is the less ;

(c) in the special cases specified in paragraph (2) of Article 11 of this Order where no suitable alternate is available, to fly to the aerodrome of intended landing and thereafter for either—

(i) forty-five minutes and fifteen per cent. of the flight time planned to be spent at the cruising levels, or

(ii) two hours,

whichever is the less.

(4) Nothing in paragraph (3) of this Article shall operate to preclude an amendment of an operational flight plan while the aircraft is in flight in order to re-plan the flight to another aerodrome, provided that from the point at which the flight is re-planned the requirements of the said paragraph can be complied with.

(5) The operator shall maintain fuel and oil records sufficient to satisfy the Minister that for each flight the requirements of this article have been complied with. Such records shall be retained by the operator for a period of six months.

16 Pilots at Controls.

16.—(1) On every aircraft at least one pilot shall remain at the controls at all times during flight.

(2) When an aircraft is required by—

(a) the certificate of airworthiness of the aircraft or the Aeroplane Flight Manual or other documents associated with the certificate of airworthiness, or

(b) the provisions of paragraph (2) or paragraph (3) of Article 28 of this Order,

to carry two or more pilots, two pilots shall remain at the controls when the aircraft is departing from or landing at an aerodrome.

17 Oxygen supply.

17.—(1) The provisions of this Article shall apply in relation to public transport aircraft.

(2) No flight which is to be operated at altitudes at which the atmospheric pressure in personnel compartments will be less than 700 millibars shall be commenced unless sufficient stored breathing oxygen is carried to supply—

(a) the crew for any period in excess of thirty minutes during which the pressure in compartments occupied by them will be between 700 millibars and 620 millibars ;

(b) the crew and passengers for any period during which the atmospheric pressure in compartments occupied by them will be less than 620 millibars.

(3) No flight which is to be operated with pressurized aircraft shall be commenced unless an immediately available emergency supply of stored breathing oxygen is carried to supply the flight crew members, in the event of loss of pressurization, for any period in excess of thirty minutes during which the atmospheric pressure in any compartment occupied by them would be between 700 millibars and 620 millibars, and for any period during which the pressure would be below 620 millibars.

(4) All flight crew members when engaged in performing duties essential to the operation of the aircraft in flight shall use continuously the breathing oxygen supplied for their use during any period in excess of thirty minutes in which the atmospheric pressure in compartments occupied by them is between 700 millibars and 620 millibars and at all times when the pressure is less than 620 millibars.

(5) For the purpose of this Article, an altitude of 10,000 feet or 3,048 metres in the Standard Atmosphere shall be deemed to correspond to an absolute pressure of 700 millibars, and an altitude of 13,000 feet or 3,962 metres in the Standard Atmosphere shall be deemed to correspond to an absolute pressure of 620 millibars.

PART IV. AIRCRAFT OPERATING LIMITATIONS.

18 Conditions of operation.

18. Every aircraft shall be operated in compliance with the terms of its certificate of airworthiness and within the approved operating limitations specified in its Aeroplane Flight Manual or other documents associated with the relevant certificate of airworthiness, or such other appropriate data as the Minister may accept as equivalent thereto.

19 Requirements for public transport aircraft.

19. A public transport aeroplane shall not fly or attempt to fly unless performance information provided in its Aeroplane Flight Manual, or such other performance information as the Minister may accept, indicates that the requirements of either Article 20, 21 or 22, as appropriate, can be complied with for the flight to be made.

20 Transport Category A aeroplanes.

20.—(1) The provisions of this Article are applicable to aeroplanes the certificate of airworthiness of which has been issued or rendered valid in compliance with the requirements relating to Transport Category A of the International Civil Aviation Organisation.

(2) Take-off.

(i) Elevation : The elevation of the aerodrome shall be within the range for which maximum take-off weights have been set forth in the Aeroplane Flight Manual.

(ii) Weight : The take-off weight shall not exceed the maximum take-off weight specified in the Aeroplane Flight Manual for the elevation at which the take-off is to be made.

(iii) Accelerate-stop distance : The accelerate-stop distance determined from the Aeroplane Flight Manual shall not exceed a length within the take-off area along which the ground or water is suitable to be used for accelerate-stop purposes by the aeroplane involved.

(iv) Take-off distance : The distance required to attain a height of 50 feet or 15 metres above the take-off area, with the critical engine, i.e. that engine, the failure of which produces the most adverse effect on the performance of the aeroplane, becoming inoperative at the critical point, as determined from the Aeroplane Flight Manual, shall not exceed the length of the take-off area, except that in exceptional circumstances when there is an area within the boundaries of the aerodrome beyond the end of the take-off area that the Minister has declared suitable for climb to 50 feet or 15 metres, the distance required may be increased accordingly.

(v) Take-off path : The take-off path with the critical engine becoming inoperative at the critical point, as determined from the Aeroplane Flight Manual, shall indicate that the aeroplane,

(a) when reaching the end of the take-off area, or, in the case of the exception in (iv), the end of the additional area declared available, can clear all obstacles within 200 feet or 60 metres on either side of the flight path by 50 feet or 15 metres vertically, and

(b) after passing the end of the take-off area or the end of any additional area declared available in accordance with (iv), can clear by not less than a vertical margin which increases uniformly, all obstacles lying within a distance uniformly increasing from 200 feet or 60 metres on either side of the flight path until the prescribed clearance for en route flights can be complied with.

(3) En route.

(i) All engines operating : The aeroplane weight, at all points along the route or planned diversions therefrom, shallbe such that the aeroplane will be capable of a rate of climb of not less than 100 feet per minute or 0·5 metres per second at the cruising levels planned, when all engines are operated at maximum continuous power.

(ii) Engine(s) inoperative : The take-off weight shall be such that :

(a) in the event of any one engine becoming inoperative at any point along the route or planned diversions therefrom, the flight will be able to continue to a suitable aerodrome, and the aeroplane will be capable of a rate of climb of not less than 100 feet per minute or 0·5 metres per second at a height of 1,500 feet or 450 metres above any such aerodrome.

(b) in the event of the failure of any two engines after ninety minutes of flight, in the case of aeroplanes having four or more engines, the flight can continue to a suitable aerodrome ; and that a safe landing can be made at that aerodrome.

(4) Landing.

(i) Elevation : An aerodrome shall not be listed in the flight plan unless its elevation is within the range for which maximum landing weights have been set forth in the Aeroplane Flight Manual.

(ii) Weight : The calculated weight for the expected time of landing at the aerodrome of intended landing or any alternate aerodrome shall not exceed the maximum specified in the Aeroplane Flight Manual for the elevation of that aerodrome.

(iii) Landing distance—regular aerodrome : The landing distance of the aeroplane at the aerodrome of intended landing, as determined from the Aeroplane Flight Manual, shall not exceed 60 per cent. of the effective landing length of :

(a) the most suitable landing surface for a landing in still air, assuming in the computation that the landing is to be made in still air ; and

(b) any other landing surface which may be required for landing because of expected wind conditions at the time of arrival.

(iv) Landing distance—alternate aerodromes : The landing distance of the aeroplane at any alternate aerodrome, as determined from the Aeroplane Flight Manual, shall not exceed 70 per cent. of the effective landing length of ;

(a) the most suitable landing surface for a landing in still air, assuming in the computation that the landing is to be made in still air ;

(b) any other landing surface which may be required for landing because of expected wind conditions at the time of arrival.

(5) Application.

(i) In applying paragraph (2) (iii) (iv) and (v), the accelerate-stop distance, the take-off distance and the take-off path as determined from the Aeroplane Flight Manual shall be those corresponding to :

(a) the take-off weight of the aeroplane ;

(b) the elevation of the aerodrome ;

(c) the effective longitudinal slope of the take-off area ;

(d) not more than 50 per cent. of the reported wind component along the take-off path and opposite to the direction of take-off and not less than 150 per cent. of the reported wind component in the direction of take-off.

(ii) In applying paragraph (4) (iii) and (4) (iv), the landing distances determined from the Aeroplane Flight Manual shall be those corresponding to :

(a) the calculated landing weight of the aeroplane ;

(b) the elevation of the aerodrome ;

(c) the effective longitudinal slope of the landing surface ;

(d) except in the case of paragraph (4) (iii) (a) and (4) (iv) (a), not more than 50 per cent. of the expected wind component along the landing path and opposite to the direction of landing, and not less than 150 per cent. of the expected wind component in the direction of landing.

(iii) The effective length of a landing surface shall be the total length of the landing surface suitable for use at the intended time of landing, less that portion, if any, situated beneath an inclined plane surface clearing all obstructions and having the following characteristics :

(a) it intersects the landing surface, and, at a slope of 1 in 20, extends beyond the approach end of the landing surface ;

(b) it is symmetrical about a vertical plane containing the centre line of the landing surface ;

(c) it extends 1,500 feet or 450 metres from the intersection with the landing surface;

(d) its width is 400 feet or 120 metres at the landing surface, increasing uniformly to a width of 1,000 feet or 300 metres.

21 Transport Category D aeroplanes.

21.—(1) The provisions of this Article are applicable to aeroplanes the certificate of airworthiness of which has been issued or rendered valid in compliance with the requirements relating to Transport Category D of the International Civil Aviation Organisation.

(2) Limiting weather conditions : Aeroplanes in Transport Category D shall only be operated by day and in weather conditions which do not necessitate compliance with instrument flight rules.

(3) Take-off.

(i) Elevation : The elevation of the aerodrome shall be within the range for which maximum take-off weights have been set forth in the Aeroplane Flight Manual.

(ii) Weight : The take-off weight shall not exceed the maximum take-off weight specified in the Aeroplane Flight Manual for the elevation and temperature at which the take-off is to be made.

(iii) Take-off distance : The distance required to attain a height of 50 feet or 15 metres above the take-off area with all engines operating as determined from the Aeroplane Flight Manual, shall not exceed 70 per cent. of the length of the take-off area, except that in exceptional circumstances when there is an area within the boundaries of the aerodrome, beyond the end of the take-off area that the aerodrome authority has declared suitable for climb to 50 feet or 15 metres, the distance required may be increased proportionately.

(iv) Take-off path : The take-off path, as determined from the Aeroplane Flight Manual, shall indicate that the aeroplane after passing the end of the take-off area, or in the case of the exception provided in (iii), the end of the additional area declared available, can clear by not less than a vertical margin which increases uniformly all obstacles lying within a distance of 200 feet or 60 metres on either side of the flight path until the prescribed clearance en route can be complied with.

(4) En route.

(i) All engines operating : The aeroplane weight, at all points along the route or planned diversions therefrom shall be such that the aeroplane will be capable of a rate of climb of not less than 100 feet per minute or 0·5 metres per second at the cruising levels planned, when all engines are operated at maximum continuous power.

(ii) Engine(s) inoperative : The take-off weight shall be such that in the event of an engine failure at any point along the route or planned diversions therefrom it will be possible to effect an emergency landing.

(5) Landing.

(i) Elevation : An aerodrome shall not be listed in the flight plan unless its elevation is within the range for which maximum landing weights have been set forth in the Aeroplane Flight Manual.

(ii) Weight : The calculated weight for the expected time of landing at the aerodrome of intended landing or any alternate aerodrome shall not exceed the maximum specified in the Aeroplane Flight Manual for the declared temperature at the intended time of landing and for the elevation of that aerodrome.

(iii) Landing distance—regular aerodrome : The landing distance of the aeroplane at the aerodrome of intended landing, as determined from the Aeroplane Flight Manual, shall not exceed 60 per cent. of the effective landing length of :

(a) the most suitable landing surface for a landing in still air, assuming in the computation that the landing is to be made in still air ; and

(b) any other landing surface which may be required for landing because of expected wind conditions at the time of arrival.

(iv) Landing distance—alternate aerodromes : The landing distance of the aeroplane at any alternate aerodrome, as determined from the Aeroplane Flight Manual, shall not exceed 70 per cent. of the effective length of :

(a) the most suitable landing surface for a landing in still air, assuming in the computation that the landing is to be made in still air ; and

(b) any other landing surface which may be required for landing because of expected wind conditions at the time of arrival.

(6) Application.

(i) In applying paragraph (3) (iii) and (3) (iv) the take-off distance and the take-off path determined from the Aeroplane Flight Manual shall be those corresponding to :

(a) the take-off weight of the aeroplane ;

(b) the elevation of the aerodrome ;

(c) the effective longitudinal slope of the take-off area ;

(d) not more than 50 per cent. of the reported wind component along the take-off path and opposite to the direction of take-off and not less than 150 per cent. of the reported wind component in the direction of the take-off ;

(e) the official temperature at the time of take-off or the declared temperature derived in accordance with a method approved by the Minister.

(ii) In applying paragraph (5) (ii) to (5) (iv) inclusive the weight and landing distances determined from the Aeroplane Flight Manual shall be those corresponding to the declared temperature derived in accordance with a method approved by the Minister.

(iii) In applying paragraph (5) (iii) and (5) (iv), landing distances determined from the Aeroplane Flight Manual shall be those corresponding to :

(a) the calculated landing weight of the aeroplane ;

(b) the elevation of the aerodrome ;

(c) the effective longitudinal slope of the landing surface ;

(d) except in the case of paragraph (5) (iii) (a) and (5) (iv) (a), not more than 50 per cent. of the reported wind component along the landing path and opposite to the direction of landing and not less than 150 per cent. of the reported wind component in the direction of landing.

(iv) The effective length of a landing surface shall be the total length of the landing surface suitable for use at the intended time of landing, less that portion, if any, situated beneath an inclined plane surface clearing all obstructions and having the following characteristics :

(a) it intersects the landing surface and, at a slope of 1 in 20, extends beyond the approach end of the landing surface ;

(b) it is symmetrical about a vertical plane containing the centre line of the landing surface ;

(c) it extends 1,500 feet or 450 metres from the intersection with the landing surface;

(d) its width is 400 feet or 120 metres at the landing surface, increasing uniformly to a width of 1,000 feet or 300 metres.

22 Aeroplanes not in Transport Category.

22.—(1) The provisions of this Article are applicable to aircraft the certificates of airworthiness of which have been issued or rendered valid in accordance with requirements other than those relating to any Transport Category of the International Civil Aviation Organisation.

(2) Take-off.

(i) Take-off run : The take-off run shall not exceed the length of the take-off surface.

(ii) Take-off distance : The take-off weight shall be such that the take-off distance, all engines operating, does not exceed :

(a) for aeroplanes with one or two engines, 75 per cent. of the length of the take-off area, and

(b) for aeroplanes with more than two engines, 85 per cent. of the length of the take-off area,

except that in exceptional circumstances when there is an area within the boundaries of the aerodrome, beyond the end of the take-off area, that the aerodrome authority has declared suitable for climb to 50 feet or 15 metres the distance required may be increased proportionately.

(3) Take-off path :

(a) In the case of multi-engined aeroplanes having a maximum total authorised weight of 12,500 lb. or 5,700 Kgs. or more, the take-off weight shall be such that the aeroplane with all engines operating, after passing the end of the take-off area, or in the case of the exception provided in paragraph (2) (ii), the end of the additional area declared available, can clear all obstacles within 300 feet or 90 metres on either side of the intended flight path by 50 feet or 15 metres vertically until the clearance for en route flight can be complied with.

(b) in the case of single-engined aeroplanes of any weight or multi-engined aeroplanes having a maximum total authorised weight of less than 12,500 lb. or 5,700 Kgs.; the take-off weight shall be such that the aeroplane will clear all obstacles in the intended flight path by a safe margin.

(3) En route.

(i) All engines operating : The take-off weight shall be such that, at all points along the route or planned diversions therefrom, the aeroplane will be capable of a rate of climb of not less than 100 feet per minute or 0·5 metres per second at the cruising levels planned, when all engines are operated at maximum continuous power.

(ii) One engine inoperative :

(a) in the case of multi-engined aeroplanes having a maximum total authorised weight of 12,500 lb. or 5,700 Kgs. or more ; the take-off weight shall be such that, in the event of any one engine becoming inoperative at any point along the route or planned diversions therefrom, when the aeroplane is in the en route configuration and the engine(s) remaining operative is (are) operated within maximum continuous power limitations, the flight can be continued to a suitable aerodrome, and a safe landing can be made at that aerodrome.

(b) in the case of single-engined aeroplanes of any weight, or multi-engined aeroplanes having a maximum total authorised weight of less than 12,500 lb. or 5,700 Kgs., the take-off weight shall be such that in the event of an engine becoming inoperative at any point along the route or planned diversions therefrom, it will be possible to effect an emergency landing.

(4) Landing : The take-off weight shall be such that, taking into account the fuel and oil to be consumed, the estimated landing distance will not exceed 70 per cent. of the effective length of the landing surface at the aerodrome of intended landing or any alternate aerodrome.

(5) Application.

(i) The take-off distance in paragraph (2) (ii) shall be the horizontal distance measured from the point where the aeroplane commences its take-off run to a point below the aeroplane when it has attained a height of 50 feet or 15 metres above the level of the take-off area. The speed at the height of 50 feet or 15 metres shall not be less than : 1·2 Vs1 for aeroplanes with one or two engines 1·15 Vs1 for aeroplanes with more than two engines, where Vs1 is the stalling speed in the take-off configuration, with power off.

(ii) In applying paragraph (2) (i), (ii) and (iii) account shall be taken of :

(a) the elevation of the aerodrome ;

(b) the effective longitudinal slope of the take-off area ; and

(c) not more than 50 per cent. of the reported wind component opposite to the direction of take-off, and not less than 150 per cent. of the reported wind component in the direction of take-off.

(iii) The landing distance in paragraph (4) shall be the horizontal distance measured from a point over which the aeroplane passes at the height of 50 feet or 15 metres above the landing surface to the point at which the aeroplane can be brought to a complete stop, or in the case of seaplanes to a speed of approximately 3 m.p.h. or 5 Km. p.h. The speed at the height of 50 feet or 15 metres shall not be less than 1·2 Vs0 where Vs0 is the stalling speed in the landing configuration, with power off.

(iv) The calculated landing distance which is applied to paragraph (4) shall be that associated with :

(a) still air conditions and the landing surface most suitable for such conditions ;

(b) the elevation of the aerodrome ;

(c) the effective longitudinal slope of the landing surface ; and

(d) any other landing surface which is suitable for the expected wind conditions and not more than 50 per cent. of the reported wind component opposite to the direction of take-off, and not less than 150 per cent. of the reported wind component in the direction of take-off.

(v) The effective length of a landing surface shall be the total length of the landing surface suitable for use at the intended time for landing, less that portion, if any, situated beneath an inclined plane surface clearing all obstructions and having the following characteristics :

(a) it intersects the landing surface, and, at a slope of 1 in 20, extends beyond the approach end of the landing surface ;

(b) it is symmetrical about a vertical plane containing the centre line of the landing surface ;

(c) it extends 1,500 feet or 450 metres from the intersection with the landing surface;

(d) its width is 400 feet or 120 metres at the landing surface, increasing uniformly to a width of 1,000 feet or 300 metres.

PART V. AIRCRAFT INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES.

23 Carriage of instruments, equipment and safety devices.

23.—(1) The instruments, equipment and safety devices to be carried and maintained in a fit condition for flight and available for immediate use, and the devices to be used and the precautionary measures to be taken for the purpose of securing the safety of the aircraft, shall include those specified in the Schedule to this Order.

(2) The instruments and equipment specified in the Schedule shall, unless included amongst those specified in paragraph (3) hereunder, be of approved types and shall be installed or stowed in the aircraft in a manner, which shall be approved, which ensures satisfactory functioning and which ensures that they can be used effectively by the person or persons by whom they are intended to be used, as appropriate to the aircraft concerned and to the circumstances under which the flight is to be conducted.

(3) The following instruments and equipment may be of any type suitable for the purpose. They shall be securely installed or stowed in a manner which will not prevent their most effective use as and when required and will ensure that they can not be displaced during flight in such a way as to interfere with the safe operation of the aircraft :—

navigational instruments necessary for a particular flight as determined by the pilot in command ;

maps and charts, timepieces, chart tables ;

sea-anchors ;

torches ;

whistles ;

sound signal equipment ;

mooring and/or anchoring devices.

(4) The fire extinguishers required by the Schedule shall be of an approved size and shall not be of a type which would cause dangerous contamination of the air in crew or passenger compartments.

(5) the first-aid kit required by the Schedule shall be related in quantity to the total number of persons for which seats are provided in the aircraft and shall include the following :—

bandages, triangular bandages, adhesive plaster, white absorbent lint, cotton wool, (wound dressings may be carried in lieu of white absorbent lint and cotton wool), safety pins, scissors, tourniquet or hæmostatic bandage and drugs (analgesic, antiseptic, stimulant).

The first-aid kit shall be carried in a sealed container in such a manner that the seals can be readily inspected by persons designated by the operator.

(6) The operator of the aircraft shall take steps to the satisfaction of the Minister to ensure—

(i) that before the commencement of a flight and before each landing of the aircraft, and in conditions of turbulent air such that the precaution is considered necessary, all safety belts and safety harnesses are correctly fastened and that passengers are made aware of the method of operation ;

(ii) that passengers are made familiar with the location of the emergency exits in the aircraft;

(iii) that, if a landplane is to be flown over water beyond thirty minutes flying distance from the nearest shore, the passengers are shown before the take-off, or before reaching thirty minutes flying distance from the nearest shore, the position of the life belts, or equivalents, and the method of their operation ;

(iv) that, if a flying boat is to be flown over water, the passengers are shown before the take-off the position of the life belts, or equivalents, and the method of their operation ;

(v) that one pilot at the controls is properly secured in his seat at all times during the flights.

(7) (i) If any instrument, indicator or gauge required in the Schedule to be provided and fitted in an aircraft is not, to the satisfaction of the Minister, conveniently visible for the performance of his duties to any member of the operating crew from his ordinary place of duty, a further such instrument, indicator or gauge, so disposed as to be conveniently visible to him, shall be provided and installed in the aircraft.

 (ii) Independently operating systems shall be provided when duplicate instruments are required. The systems shall be such that no one fault, which might impair the operation of one such instrument, can impair the operation of both such instruments.

(8) Where equipment additional to that required in pursuance of the Schedule to this Order is installed it shall be demonstrated to the satisfaction of the Minister that the equipment as installed is neither a source of danger in itself, nor a prejudice to the proper functioning of the essential services in the aircraft, and does not in any way reduce the airworthiness of the aircraft in which it is installed even in the event of its failure to function.

(9) In this Article the expression " approved " means approved by the Minister.

PART VI. AIRCRAFT RADIO EQUIPMENT.

24 Radio equipment to be carried.

24.—(1) Public transport aircraft when operated in accordance with visual flight rules over routes on which navigation is accomplished solely by visual reference to landmarks shall be provided with radio equipment as follows—

(a) If engaged in scheduled airline services :—

(i) capable of conducting two-way communication from a distance of not less than 25 nautical miles with aerodrome control at each aerodrome having aerodrome control and at which it is intended to take-off or land ;

(ii) capable of receiving meteorological information at any time during flight ;

(iii) capable of conducting two-way communication with at least one aeronautical station at any time during flight ;

(b) if engaged in operations other than scheduled airline services :—

capable of conducting two-way communication for aerodrome control purposes when arriving at or departing from an aerodrome within the State which is an aerodrome having aerodrome control.

(2) All aircraft when operated over routes on which navigation is not or cannot be accomplished by visual reference to landmarks, or when operated in accordance with instrument flight rules, shall be provided with radio equipment as follows :—

(a) capable of conducting two-way communication from a distance of not less than 25 nautical miles with aerodrome control at each aerodrome of intended landing and each alternate aerodrome having aerodrome control and to which it is intended or may be necessary to take-off or land ;

(b) capable of receiving meteorological information at any time during flight ;

(c) capable of conducting two-way communication with at least one aeronautical station at any time during flight ;

(d) capable of receiving signals from radio aids to navigation at any time during flight, provided that when navigation during flight can be accomplished by celestial or equivalent methods the equipment need only be capable of receiving signals providing guidance to each aerodrome of intended landing and each alternate aerodrome when the aircraft is within a distance of 200 nautical miles from such aerodromes.

(3) All aircraft when operated on flights on which it is intended to land in instrument flight conditions shall be provided with radio equipment capable of receiving signals providing guidance to a point from which a visual landing can be effected. Such equipment shall be capable of providing such guidance at each aerodrome at which it is intended to land in instrument flight conditions.

25 Failure of components.

25. (1) The provision and installation of radio equipment which is carried in compliance with the provisions of subparagraphs (a) (i), (a) (ii) and (b) of paragraph (1) of Article 24 of this Order shall be so arranged that failure of a component will not preclude receiving the communications specified in those subparagraphs.

(2) The provision and installation of radio equipment which is carried in compliance with the provisions of subparagraphs (a), (b) and (d) of paragraph (2) of Article 24 of this Order and the provisions of paragraph (3) of the said Article shall be so arranged that the failure of a component will not preclude receiving the communications and signals specified in those subparagraphs and that paragraph respectively.

(3) If and whenever aircraft are operated over routes along which aerodromes with usable landing aids do not exist in sufficient numbers to permit diversion from any point on such routes, the provision and installation of radio equipment which is carried in compliance with the provisions of subparagraph (c) of paragraph (2) of Article 24 of this Order shall be so arranged that the failure of a component will not preclude receiving the communications specified in that subparagraph.

26 Fulfilment of requirements.

26. The provisions of Articles 24 and 25 of this Order shall be deemed to be fulfilled if the ability to conduct the communications specified therein is established during radio operating conditions which are normal for the route concerned.

27 Approval of equipment.

27.—(1) Aircraft radio equipment shall be of an approved type and shall be installed in an approved manner.

(2) In this Article the expression " approved " means approved by the Minister.

PART VII. AIRCRAFT FLIGHT CREW.

28 Composition of the flight crew.

28.—(1) The flight crew carried in an aircraft shall be not less than that specified in the certificate of airworthiness of the aircraft or in the Aeroplane Flight Manual or other documents associated with the certificate of airworthiness.

(2) The flight crew carried in an aircraft shall include flight crew members in addition to the minimum numbers specified as aforesaid if the carriage of such additional flight crew members is necessitated by considerations related to the type of aircraft used, the type of operation involved and the duration of the flight between points at which flight crews are changed.

(3) The flight crew carried in a public transport aircraft of which the maximum total authorised weight is 22,500 lb. or 10,000 kgs. or greater and which is flying in circumstances which require compliance with the instrument flight rules when departing from or arriving at an aerodrome shall include, in addition to the pilot in command, a second pilot for the particular purpose of assisting the pilot in command during such departure or arrival as aforesaid. The second pilot shall be the holder of a commercial or a senior commercial or an airline transport pilot's licence, endorsed with a current instrument rating.

(4) When pursuant to the provisions of the preceding paragraphs of this Article the flight crew carried in an aircraft includes two or more pilots, and the aircraft is a public transport aircraft, the operator shall designate one pilot to act as pilot in command.

(5) If the aircraft is engaged on a flight necessitating the carriage of radio transmitting equipment, the flight crew shall include at least one member who holds a current licence, issued or validated by the Minister entitling him to operate the type of equipment to be used.

(6) When a separate flight engineer's station is incorporated in the design of the aircraft, the flight crew shall include at least one licensed flight engineer especially assigned to that station, unless the duties associated with such station can be satisfactorily performed by another flight crew member, holding a flight engineer's licence, without interference with the performance of the regular duties of such other flight crew member.

(7) The flight crew carried in a public transport aircraft shall include at least one member who holds a flight navigator's licence on all flights in the course of which the aircraft may be over water for a great circle distance of more than 1,000 nautical miles, or on a flight without landing for a great circle distance of more than 1,500 miles in the course of any part of which—

(i) ground radio aids to navigation are inadequate ; or

(ii) navigation by celestial observations is necessary ; or

(iii) radio-navigation systems required to be operated by a flight navigator must be used.

If none of the pilots on board the aircraft is the holder of a flight navigator's licence then the flight navigator shall be a separate person from any other member of the flight crew and shall not engage in any duties other than navigational duties.

29 Qualifications of pilot in command.

29.—(1) The provisions of this Article shall apply in relation to public transport aircraft.

(2) A pilot shall not act as pilot in command of an aircraft engaged in scheduled airline services on a particular route for which he has not been previously qualified unless and until he has :—

(a) been certified as competent to fly that route by a pilot who has proved his knowledge of and his ability to fly such route ;

(b) made two one-way trips over the route within the preceding twelve months, including one trip within the preceding sixty days, either as co-pilot in any type of operation or as pilot in command in other than a scheduled operation ;

(c) demonstrated to the satisfaction of the operator his knowledge of the terrain, the seasonal meteorological conditions, the communication and navigation facilities and procedures and the location of search and rescue facilities associated with the route ;

(d) performed, within the preceding twelve months—

(i) in flight, the established instrument approach procedures at each aerodrome of intended landing if the route is to be flown under instrument flight rules ;

(ii) in flight or under simulated instrument flight conditions, the established instrument approach procedures at each other aerodrome which may be used during the operation, when the route is to be flown under instrument flight conditions ;

excepting those aerodromes having instrument approach to land procedures identical to those which he has demonstrated his competency to perform, but, for the purposes of subparagraph (ii), the established instrument approach procedures specified therein shall be performed in flight in the case of any aerodrome where the surrounding terrain presents special difficulties.

(3) A pilot who is qualified to act as pilot in command on scheduled airline services on a particular route shall not continue so to act on such route unless he has made two one-way trips over that route within the preceding twelve months as pilot in command or as co-pilot, or unless he complies with the requirements specified in subparagraph (d) of paragraph (2) of this Article.

(4) If a scheduled airline service is commenced on a route over which the operator has not previously conducted scheduled air line services, the Minister may in respect of any flight over such route grant exemptions from the provisions of subparagraphs (a), (b) and (d) of paragraph (2) of this Article, provided that no fare-paying passengers shall be carried on any flight to which such exemptions relate.

(5) With respect to aircraft engaged in operations other than scheduled airline services:—

(a) a pilot shall not act as pilot in command unless and until he has—

(i) demonstrated or otherwise proved to the satisfaction of the operator, within the preceding twelve months, his knowledge of the terrain, the seasonal meteorological conditions, the communication and navigation facilities and procedures and the location of search and rescue facilities, which are associated with the area in which the operations are normally conducted ;

(ii) performed satisfactorily within the preceding six months, in flight, an established instrument approach procedure for each type of instrument approach system that he may utilise in the operation ;

(iii) made within the preceding ninety days, at least three take-offs and landings in aircraft of the type intended to be used in the operation, carrying not less than one-half of the maximum useful load or at least ninety per cent. of the maximum permissible landing weight authorised for the aircraft concerned ;

(iv) prior to engaging in an operation by night made at least one of the take-offs and landings required by (iii) above by night :

(b) a pilot shall not act as pilot in command on an operation outside the area specified in subparagraph (a) (i) of this paragraph unless and until he has demonstrated or otherwise proved to the satisfaction of the operator that he has acquired satisfactory knowledge of the matters specified in that subparagraph with respect to that particular operation.

30 Duties of pilot in command.

30.—(1) The pilot in command of a public transport aircraft shall be responsible for the following matters :—

(a) the operation, disposition and safety of the aircraft and the safety of all persons on board while he is in command ;

(b) ensuring that the flight check system specified in paragraph (5) of Article 7 of this Order is complied with in detail ;

(c) notifying the appropriate authority by the quickest available means of any accident involving the aircraft which results in the injury or death of any person or in substantial damage to the aircraft or to property ;

(d) reporting any known or suspected defects in the aircraft, including its engines, accessories, instruments and equipment, which may have come to light during the flight, to the operator immediately on the termination of that flight ;

(e) the maintenance of the journey log book.

(2) the pilot in command of every aircraft other than a public transport aircraft shall be responsible for the matters specified in subparagraphs (a), (c) and (e) of the last preceding paragraph.

PART VIII. AIRCRAFT MAINTENANCE.

31 Organisation.

31. An operator of public transport aircraft shall ensure that there is provided an organisation including trained staff, workshops and other equipment and facilities adequate to maintain the aircraft in an airworthy condition when in service.

32 Inspection.

32.—(1) The provisions of this Article shall apply in relation to public transport aircraft.

(2) The operator shall establish a system of inspection to ensure that all maintenance work, overhauls, modifications and repairs to his aircraft which affect airworthiness are effected as provided for in the Maintenance Manual required by Article 33 of this Order.

(3) Every aircraft shall, with the frequency specified in the Maintenance Manual relating to that aircraft, be inspected, and if so found, certified as safe for flight by the issue of a maintenance release which is a Certificate of Safety for Flight completed in accordance with the provisions of Article 34 of this Order.

(4) No aircraft shall begin a flight unless and until it has been certified as safe for flight pursuant to the provisions of paragraph (3) of this Article.

(5) A Certificate of Safety for Flight shall come into force after it has been issued and shall be deemed to expire—

(a) at the time when a new Certificate of Safety for Flight is required to be issued ; or

(b) if the aircraft sustains a defect such as would not, in accordance with ordinary aeronautical practice, be remedied by the operating crew, at the time when the defect occurs, in which event the aircraft shall land at the earliest safe opportunity.

(6) Nothing in paragraph (5) shall be deemed to require the landing or re-inspection of an aircraft which is actually in flight and which would, in normal circumstances, reach its destination before the expiration of its Certificate of Safety for Flight.

33 Maintenance Manual.

33.—(1) The provisions of this Article shall apply in relation to public transport aircraft.

(2) The operator shall provide, for the use and guidance of maintenance organisations and personnel, a Maintenance Manual containing at least the following particulars in respect of the aircraft used :—

(a) procedures for the servicing and maintenance of the aircraft ;

(b) the frequency of each check, overhaul or inspection ;

(c) the responsibilities of the various classes of skilled maintenance personnel ;

(d) the servicing and maintenance methods approved by or requiring the prior approval of the Minister ;

(e) the procedure for preparing a maintenance release as required by Article 34 of this Order, the circumstances under which it is to be issued and the personnel required to sign it.

(3) The operator shall ensure that the Maintenance Manual is revised or amended as may be necessary by reason of any change in the matters specified in paragraph (2) of this Article or as may otherwise be necessary to ensure that the information in the said Manual is kept up to date, or as may be required by the Minister.

(4) The operator shall ensure that any revisions or amendments made in the said Manual pursuant to the last preceding paragraph of this Article are supplied to all organisations or persons to whom the Manual has been issued.

(5) the Maintenance Manual and any revisions or amendments thereto shall be subject to the approval of the Minister.

34 Maintenance Release.

34.—(1) The provisions of this Article shall apply in relation to public transport aircraft.

(2) A maintenance release shall be completed by a person or persons qualified in accordance with the provisions of Article 36 of this Order to certify that the maintenance work has been completed satisfactorily and in accordance with the methods specified in the Maintenance Manual and that the aircraft is safe for flight, and shall contain a certificate to that effect in conformity with such requirements as may be prescribed, signed by such person or persons.

(3) Every maintenance release shall be retained by the operator for a period of six months after the date on which it was completed.

35 Training.

35. An operator of public transport aircraft shall ensure that all maintenance personnel are instructed regarding the maintenance methods to be employed, in particular when new or unfamiliar equipment is introduced into service.

36 Certification.

36. Every person charged with the responsibility of certifying any matter requiring to be certified in relation to the airworthiness of an aircraft shall be a person holding a current Aircraft Maintenance Engineer's licence, granted or validated by the Minister pursuant to the provisions of the Air Navigation (Personnel Licensing) Order, 1951, entitling such person by virtue of the ratings and privileges of the licence to certify that matter, or such other person as may be approved in that behalf by the Minister.

37 Modification and repairs.

37. Modifications and repairs to aircraft shall be effected in accordance with methods appropriate to the aircraft concerned.

38 Records.

38. An operator of public transport aircraft shall ensure that the following records are kept:—

(a) in respect of the major components of the aircraft—

(i) the total time in service ;

(ii) the date of the last overhaul ;

(iii) the date of the last inspection ;

(b) in respect of those instruments and equipment of which the serviceability and operating life are determined by their time in service—

(i) such records of the time in service as are necessary to determine their serviceability or to compute their operating life ;

(ii) the date of the last inspection.

The records shall be kept for a period of ninety days after the end of the operating life of the unit to which they relate.

39 Definition.

39. In this Part references to aircraft include references to power units, propellers, components, accessories, instruments, equipment, apparatus and materials including emergency equipment.

SCHEDULE.

INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES FOR AIRCRAFT.

1. In this Schedule, " approved " means approved by the Minister.

2. All aircraft for all flights—

(1) Flight and navigation instruments—

(a) an altimeter ;

(b) an airspeed indicator ;

(c) a magnetic compass or its equivalent.

(2) Power plant instruments and equipment—reciprocating engines—for each engine—

(a) fuel content indicator(s) ;

(b) oil content indicator(s) ;

(c) oil pressure indicator ;

(d) oil temperature indicator, unless it can be proved that the operational limitations of the engine do not make the indicator essential ;

(e) a tachometer (crankshaft rotational speed indicator) ;

(f) manifold pressure indicator, where this indicator is necessary for the proper control of the engine ;

(g) ignition switches ;

(h) coolant outlet temperature indicator for liquid cooled engines ;

(i) for aircraft equipped with four or more engines an instrumens or device for indicating the loss of power, where such lost of power is not readily determinable by the pilot from the natural response of the aircraft ;

(j) other devices or instruments as prescribed by the Minister.

(3) Power plant instruments and equipment—turbine engines—for each engine—

(a) bearing temperature indicator ;

(b) an exhaust gas temperature indicator ;

(c) a fuel pressure indicator to indicate the supply to the engine fuel pump or engine burner ;

(d) fuel quantity indicators ;

(e) oil pressure indicator ; if an oil pressure system is used ;

(f) oil quantity indicator ;

(g) oil temperature indicator ;

(h) tachometer(s) to indicate R.P.M. of compressor, turbine and propellor for each engine, as applicable ;

(i) an instrument or device for indicating the loss of power, where such loss of power is not readily determinable by the pilot from the natural response of the aircraft ;

(j) other devices or instruments as prescribed by the Minister.

(4) Miscellaneous equipment—

(a) fire extinguisher readily available to the pilot ;

(b) safety belt or safety harness for every seat ;

(c) when a signal pistol is carried, a mounting that will enable the pistol to be loaded, fired and unloaded whilst in its mounting ;

(d) such other instruments as the Minister may prescribe for a particular aircraft.

(5) Maps and charts to cover the whole of the route which it is proposed to fly, together with the maps and charts of any route to which the pilot in command of the aircraft may reasonably expect to be diverted.

(6) Information to which the pilot in command of the aircraft may need to refer while in flight in order to comply with the Air Navigation (Rules of the Air) Order, 1949, and with the air traffic control procedures for the time being in force.

(7) Spare electrical fuses for all electrical circuits contained in the aircraft the fuses of which can be replaced in flight. The number of fuses to be carried shall be 10% of the number required for each rating or three of each rating, whichever number is the greater.

(8) In aircraft designed to manoeuvre on the water—equipment for making the sound signals prescribed in Rule 22 of the Schedule to the Air Navigation (Rules of the Air) Order, 1949.

3. In addition to the requirements of paragraph 2—

(1) In all aircraft for flights by night—

(a) the equipment for displaying the lights required to be displayed by Section V of the Schedule to the Air Navigation (Rules of the Air) Order, 1949 ;

(b) the equipment for making the visual signals required by Section V of the Schedule to the Air Navigation (Rules of the Air) Order, 1949 ;

(c) adequate illumination for all instruments and equipment that are essential for the safe operation of the aircraft ;

(d) the instruments and equipment specified in subparagraphs (3) (a) or (3) (b), (c) and (d) of this paragraph.

(2) In aircraft for flights involving acrobatic manoeuvres—safety harness for every seat in use.

(3) For all aircraft operated in accordance with instrument flight rules—

(a) turn and slip indicator ;

(b) a gyroscopic bank and pitch indicator ;

(c) a gyroscopic direction indicator ;

(d) means of indicating whether the power supply to the gyroscopic instruments is working satisfactorily ;

(e) two sensitive pressure altimeters, one of which may be the altimeter required for the issue of a certificate of airworthiness ;

(f) a timepiece with a sweep-second hand ;

(g) a rate of climb and descent indicator ;

(h) approach chart for each aerodrome specified in the flight plan ;

(i) in aircraft the maximum total authorised weight of which exceeds 12,500 lb. or 5,700 kgs., a means of indicating the outside air temperature ;

(j) an airspeed indicator system with a means of de-icing ;

(k) in aircraft the maximum total authorised weight of which exceeds 12,500 lb. or 5,700 Kgs., two air-speed indicators with means of de-icing.

(4) For flights made in accordance with a special visual flight rules clearance—

(a) turn and slip indicator ; or

gyroscopic bank and pitch indicator and gyroscopic direction indicator, together with a means of indicating whether the power supply to the gyroscopic instruments is working satisfactorily ;

(b) a sensitive altimeter adjustable for changes in barometric pressure.

4. Public Transport Aircraft—

(1) For all flights—

(a) safety harness for every pilot seat ;

(b) a sensitive altimeter adjustable for changes in barometric pressure ;

(c) timepiece with a sweep-second hand ;

(d) turn and slip indicator, or gyroscopic bank and pitch indicator and a gyroscopic direction indicator, together with a means of indicating whether the power supply to the gyroscopic instruments is working satisfactorily ;

(e) means of indicating to the passengers when seat belts or safety harness should be fastened, except where the pilot and passenger compartments are not separately enclosed ;

(f) means of ensuring that the instructions and information relating to restrictions on smoking are conveyed to personnel and passengers in each compartment, as specified in the certificate of airworthiness or the Aeroplane Flight Manual ;

(g) aircraft which are to be operated across areas where search and rescue would be difficult shall be equipped with such instruments and/or equipment as the Minister may at his discretion require to be carried ;

(h) at least one portable fire extinguisher readily available to the pilot and at least one portable fire extinguisher for each enclosed passenger compartment that is separate from the pilot's compartment, provided that the total number of fire extinguishers shall be in relation to the total compartment capacity, as decided by the Minister, and except that any fire extinguishers which are carried in compliance with the issue of a certificate of airworthiness shall count against those prescribed in this subparagraph ;

(i) the following manuals, charts and information—

(i) the Aeroplane Flight Manual for the aircraft or, it such a Manual does not exist, other documents containing performance data required for the application of Part IV of this Order ;

(ii) the route guide for the route to be flown and/or information necessary for the proper conduct of the flight operations over the route to be flown ;

(iii) the ground/air signal code for search and rescue purposes ;

(j) means of ensuring that information and instructions are conveyed to passengers with regard to the location and method of opening of the emergency exits ;

(k) fire warning indicators ;

(l) an accessible and adequate first-aid kit.

(2) For flights by night or under instrument flight rules by public transport aircraft the maximum total authorised weight of which exceeds 2,500 lb. or 1,140 Kgs.—the equipment specified in paragraph 3(3) of this Schedule.

(3) For flights which involve manoeuvres on the water—

(a) life belt, or equivalent, equipped with water-proof torch and whistle for each person on board and stowed in a position easily accessible from the person's seat ;

(b) notices displayed in each passenger compartment stating precisely where the lifebelts are situated and instructing passengers how to use them in the event of their being required ;

(c) additional flotation equipment, of not less than 20 per cent. of the capacity of the equipment required under (a) above, provided in a stowage accessible from outside the aircraft ;

(d) equipment of a marine type for making from the surface of the water the pyrotechnical signal of distress specified in Section V of the Schedule to the Air Navigation (Rules of the Air) Order, 1949 ;

(e) equipment for mooring or for anchoring appropriate to the maximum total authorised weight of the aircraft.

(4) For flight which involve manoeuvres on the water by aircraft the maximum total authorised weight of which exceeds 5,000 lb. or 2,270 kgs.—

(a) the equipment prescribed in subparagraph (3) of this paragraph ;

(b) one sea anchor (drogue) ;

(c) such apparatus as is required to facilitate the manoeuvring of the aircraft on the water under its own engine power and as is appropriate to its weight, size and handling characteristics, and, where such apparatus is not controlled by the pilot, a communication system enabling him to instruct the operator thereof.

(5) For flights over water beyond gliding distance from any coast or shore—

(a) the equipment and notices prescribed in subparagraphst (3) (a) and (3) (b) of this paragraph ;

(b) equipment necessary for making the visual signals referred to in the Schedule to the Air Navigation (Rules of the Air) Order, 1949.

(6) For flights by aircraft over water in the course of which the aircraft may at any time be more than ninety minutes flying distance in still air from the nearest shore except that, when an aircraft in the en route condition with the critical engine inoperative and, in the instance of multi-engined aircraft, the remaining engine(s) developing maximum continuous power, has not a positive rate of climb at an altitude of 5,000 feet or 1,524 metres above sea level in conditions of Standard Atmosphere, in which instance for flights in the course of which the aircraft may at any time be more than thirty minutes flying distance in still air from the nearest shore (both flying times calculated at the most economical cruising speed of the aircraft at sea level, according to the best information available)—

(a) suitably equipped dinghies of approved type sufficient to accommodate all occupants of the aircraft. Each dinghy shall be equipped with the following—

(i) means for maintaining buoyancy ;

(ii) drogue to reduce drift ;

(iii) life lines and means of attaching one dinghy to another ;

(iv) paddles or other means of propulsion ;

(v) weather protection equipment ;

(vi) waterproof torch ;

(vii) means of making sea water drinkable ;

(viii) marine type pyrotechnical signalling equipment ;

(ix) first-aid equipment ;

(x) sufficient food and water to maintain the occupants of the dinghy for a period as required by the Minister ;

Note (1)—Items (i)-(v) inclusive and (viii) referred to above shall be of an approved type for use in the type of dinghy in which they are installed.

Note (2)—Routine maintenance and inspection of dinghies and dinghy equipment shall be carried out to ensure that they are maintained in a serviceable condition.

Note (3)—The method of stowage of dinghies required by subparagraph (a) and the method of launching shall be such as to ensure the most expeditious and efficient use of them in the event of a forced landing of the aircraft on water.

Note (4)—Equipment specified in (vi) to (x) of subparagraph (a) shall be contained in a pack and one such pack shall be stowed with each dinghy so that it is immediately available when the dinghy is launched.

(b) for every four or proportion of four dinghies, one dinghy radio transmitter shall be carried in the aircraft in a position in which it would be most readily available for use in an emergency. The radio transmitter shall be of an approved type and the method of stowage in the aircraft and of subsequent operation in the dinghy shall be approved.

(7) For flights by night—

(a) landing lights consisting of two single filaments or one dual filament lamp with separately energised filaments ;

(b) cabin lights in all passenger compartments ;

(c) electric torches for each crew member station.

(8) All aircraft for flights during which the atmospheric pressure in personnel compartments is likely to be less than 700 mbs.—

(a) the aircraft shall be equipped with oxygen and a suitable dispensing apparatus for use of the flight crew. A separate oxygen supply and dispensing apparatus, under the control of the flight crew, must be carried when the aircraft is carrying passengers, provided that, while the air space in the crew and passenger (if any) compartments is kept at a pressure greater than 700 mbs., such oxygen only as would be necessary for the flight crew of the aircraft as an emergency measure in the event of pressure failure must be provided ;

(b) when a supply of oxygen must be carried, means of indicating to the passengers in each compartment the appropriate times at which oxygen should be used, and the method of use.

(9) For flights on which a licensed flight navigator is required to be carried in the aircraft—

(a) adequate facilities for the taking of astronomical observations, including observations for checking the magnetic compass ;

(b) chart table ;

(c) such navigational instruments as are necessary for the particular flight.

(10) For flights when weather reports available at the time of departure indicate that conditions conducive to ice formation will be encountered—

(a) means of preventing the formation of, or means of removing, such ice on the wings, tail surfaces and control surfaces as would seriously affect the aerodynamic characteristics of the aircraft or interfere with the proper functioning of its flying controls ;

(b) means of preventing the formation of, or means of removing, such ice from the propellers as would seriously affect their aerodynamic characteristics and, in the instance of a variable pitch propeller, would interfere with its pitch changing mechanism ;

(c) means of preventing formation of, or means of removing, ice on such portion of the pilot's windscreen as is necessary to provide an adequate and clear view ;

(d) means of protecting any fixed aerial to ensure that ice accretion will not interfere with its electrical insulation, and if a non-retractable direction-finding loop aerial is fitted, means of preventing ice accretion thereon ;

(e) such safeguards, whether by heating or otherwise, as are necessary to ensure that all equipment, instruments and devices required for use during the flight of the aircraft will continue to function under icing conditions.

5. Gliders—

(1) In all gliders—

(a) instruments, equipment and devices required for the issue of a certificate of airworthiness in respect of the particular glider ;

(b) such additional instruments and equipment as the Minister may, at his discretion, require to be carried in the particular glider ;

(c) safety harness for every seat in use.

(2) In all gliders for flights by night—

(a) the equipment for displaying, as required by the Schedule to the Air Navigation (Rules of the Air) Order, 1949, the lights prescribed in that Schedule ;

(b) adequate electrical illumination, supplied from the main source of supply in the glider, for the instruments and equipment (including maps) required to be carried and the illumination of which is necessary to enable use to be made of them during the flight.

(3) Public transport and aerial work gliders—

such additional instruments, equipment and devices as the Minister may prescribe.

6. Free and captive balloons—

For all flights—

such instruments, equipment and devices as the Minister may, at his discretion, require to be carried in the particular type of aircraft.

GIVEN under my Official Seal this 9th day of March, 1953.

SEÁN F. LEMASS,

Minister for Industry and Commerce.