S.I. No. 7/1963 - Air Navigation (Rules of the Air) Order, 1963.

S.I. No. 7 of 1963.

AIR NAVIGATION (RULES OF THE AIR) ORDER, 1963.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by sections 5 , 9 , 11 and 16 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946) (as amended by section 9 of the Air Navigation and Transport Act, 1950 (No. 4 of 1950)), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby order as follows :

1.—(1) This Order may be cited as the Air Navigation (Rules of the Air) Order, 1963.

(2) This Order shall come into operation on the eighteenth day of February, 1963.

2.—(1) In this Order—

"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air ;

"contracting State" means a State which is for the time being a party to the Chicago Convention ;

"licensed aerodrome" means an aerodrome licensed by the Minister ;

"the Minister" means the Minister for Transport and Power ;

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

(2) Directions under this Order may be given in the form of Notices to Airmen ("NOTAMS"), Civil Aviation Bulletins or Notices to Aircraft Owners and Aircraft Engineers.

3. This Order shall, save where the contrary intention appears, apply to all aircraft when in or over the State and to aircraft registered in the State wherever they may be but, as regards aircraft registered in the State when in or over the territory of another country, this Order shall apply only in so far as its provisions do not conflict with any rules made by that other country relative to flights over its territory.

4. Navigation of aircraft in the vicinity of any aerodrome or aerodromes or any other place in the State shall be subject to such provisions as may be prescribed and such provisions shall have effect notwithstanding anything in the Rules in the Schedule to this Order.

5. Where the Minister grants permission to an aircraft to fly at a lower height than that required by paragraph (1) of Rule 19 in the Rules in the Schedule to this Order, such conditions and limitations as are specified in the permission shall be complied with in respect of the aircraft.

6. Nothing in paragraphs (1) and (2) of Regulation 26 of the Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), shall operate to prohibit the carriage on any aircraft of the explosive substances and other materials necessary for the purpose of signalling in accordance with the Rules in that behalf contained in the Schedule to this Order.

7.—(1) If it appears to the Minister or an authorised officer that an aircraft is intended or likely to be flown from any place within the State in such circumstances that the flight would be in contravention of this Order and would be a cause of danger to persons or property, the Minister or the authorised officer may direct the operator of the aircraft or the person designated by the operator thereof to act as pilot in command of the aircraft that he is not to permit the aircraft to make the flight and the Minister or authorised officer may take such steps as are necessary to detain the aircraft.

(2) For the purpose of paragraph (1) of this Article the Minister or any authorised officer may enter upon and inspect any aircraft.

(3) In this Article—

"authorised officer" means an authorised officer for the purposes of section 64 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936) ;

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

"pilot in command" has the meaning assigned to it in Rule 1 of the Rules in the Schedule to this Order.

8. Control areas, control zones and flight information regions for the State shall be such as may be prescribed from time to time.

9. The Minister may prescribe points in the State between or over which aircraft arriving therein from abroad or leaving the State for abroad shall pass.

10. Nothing in this Order shall operate or have effect so as to—

(a) confer on any person the right to land in any place as against the owner thereof or other persons having any right thereto or any estate or interest therein, or

(b) derogate from or prejudice the rights or remedies at law or in equity of any person in respect of any injury to persons or property caused by any aircraft.

11. Effect is hereby given to the Rules in the Schedule to this Order, but they shall be subject to any specific provision made by the foregoing Articles of this Order.

12. The Minister may give directions for carrying out the purposes of this Order in respect of the matters to which Article 13 of, and Parts II to VI of the Schedule to, this Order relate.

13. Any aircraft in respect of which, or persons in respect of whom, the Minister gives a direction under this Order for the purposes of this Article shall be exempt from such provisions of this Order as are specified in the direction, subject to any conditions or limitations contained in the direction.

14. The following are hereby revoked :

(a) paragraphs (2), (4), (5) and (6) of Regulation 70 and Regulation 71 of and Schedule III to the Air Navigation (General) Regulations, 1930 (S. R. & O., No. 26 of 1930), and

(b) the Air Navigation (Rules of the Air) Order, 1949 ( S.I. No. 96 of 1949 ).

Article 11.

SCHEDULE

RULES OF THE AIR

PART I

DEFINITIONS

1. In these Rules—

"acrobatic flight" means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed ;

"advisory area" means an area designated by the appropriate authority within a flight information region where air traffic advisory service is available ;

"advisory route" means a route within a flight information region along which air traffic advisory service is available ;

"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 control service" means air traffic control service for aerodrome traffic ;

"aerodrome control tower" means a unit established to provide air traffic control service to aerodrome traffic ;

"aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome, including all aircraft in, entering or leaving an aerodrome traffic circuit ;

"aerodrome traffic zone" means an airspace of dimensions defined by the appropriate authority and established by such authority around an aerodrome for the protection of aerodrome traffic ;

"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 ;

"airship" means a power driven lighter-than-air aircraft ;

"air traffic" means all aircraft in flight or operating on the manoeuvring area of an aerodrome ;

"air traffic control clearance" means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit ;

"air traffic control units" includes area control centre, approach control office and aerodrome control tower ;

"air traffic services" includes the following services, namely, flight information service, air traffic control service and alerting service ;

"air traffic control service" means a service provided for the purpose of—

(a) preventing collisions between aircraft, and, on the manoeuvring area, between aircraft and obstructions, and

(b) expediting and maintaining an orderly flow of air traffic,

and includes area control service, approach control service and aerodrome control service ;

"air traffic services units" includes air traffic control units and flight information centre ;

"alerting service" means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid and to assist such organisations as required ;

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

"altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level ;

"approach control office" means a unit established to provide air traffic control service to IFR flights arriving at or departing from one or more aerodromes ;

"approach control service" means air traffic control service for arriving or departing IFR flights ;

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

"area control centre" means a unit established to provide air traffic control service to IFR flights ;

"area control service" means air traffic control service for IFR flights in control areas ;

"balloon" means a non-power driven lighter-than-air aircraft ;

"ceiling" means the height above the ground or water of the base of the lowest layer of cloud below 20,000 feet or 6,000 metres covering more than half the sky ;

"controlled airspace" means an airspace of defined dimensions, designated by the appropriate authority, within which air traffic control service is provided to IFR flights ;

"control area" means a controlled airspace extending upwards from a height, specified by the appropriate authority, above the surface of the earth ;

"control zone" means a controlled airspace extending upwards from the surface of the earth ;

"cruising level" means a level maintained during a significant portion of a flight, expressed in terms of altitude, height or a flight level depending upon the reference datum and the altimeter setting in use in a particular area ;

"current flight plan" means the flight plan including changes, if any, brought about by subsequent clearances ;

"danger area" means an area, specified by the appropriate authority, within or over which there may exist activities constituting a potential danger to aircraft flying over it ;

"expected approach time" means the time at which it is expected that an arriving aircraft will be cleared to commence approach for a landing ;

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

"flight information centre" means a unit established to provide flight information service and alerting service ;

"flight information region" means an airspace of defined dimensions, designated by the appropriate authority, within which flight information service and alerting service are provided ;

"flight information service" means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights ;

"flight plan" means specified information provided to air traffic services units, relative to the intended flight of an aircraft ;

"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 ;

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

"heading" means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic or compass) ;

"heavier-than-air aircraft" means any aircraft deriving its lift in flight chiefly from aerodynamic forces ;

"height" means—

(a) the vertical distance of a level, a point, or an object considered as a point, measured from a specified datum,

(b) the vertical dimension of an object ;

"helicopter" means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more power driven rotors on substantially vertical axes ;

"IFR" means the symbol used to designate the Instrument Flight Rules ;

"IFR flight" means a flight conducted in accordance with the Instrument Flight Rules ;

"IMC" means the symbol used to designate Instrument Meteorological Conditions ;

"Instrument Flight Rules" means the Rules in Part IV of this Schedule ;

"Instrument Meteorological Conditions" means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling less than the minima specified for Visual Meteorological Conditions ;

"landing area" means that part of the manoeuvring area intended for the landing or take off run of aircraft ;

"lighter-than-air aircraft" means any aircraft supported by its buoyancy in the air ;

"manoeuvring area" means that part of an aerodrome to be used for the take off and landing of aircraft and for the movement of aircraft associated with take off and landing ;

"night" means the hours between the end of evening civil twilight and the beginning of morning civil twilight, or such other period between sunset and sunrise as may be specified by the appropriate authority. In or over the State, "night" shall be deemed to be, during the period of summer time, the time between one hour after sunset and one hour before sunrise, and during the remainder of the year, the time between half-an-hour after sunset and half-an-hour before sunrise ;

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

"prohibited area" means a specified area, designated by the appropriate authority, within the land areas of a country or the territorial waters thereof, over which the flight of aircraft is prohibited by such authority ;

"regional air navigation agreements" means the agreements approved by the Council of the International Civil Aviation Organization normally on the advice of Regional Air Navigation Meetings;

"reporting point" means a geographical location in relation to which the position of an aircraft can be reported ;

"restricted area" means a specified area, designated by the appropriate authority for other than air traffic control purposes, within the land areas of a country or the territorial waters thereof, over which the flight of aircraft is restricted in accordance with certain specified conditions ;

"track" means the projection on the earth's surface of the path of an aircraft, the direction of which at any point is usually expressed in degrees from North (true or magnetic) ;

"VFR" means the symbol used to designate the Visual Flight Rules ;

"VFR flight" means a flight conducted in accordance with the Visual Flight Rules ;

"visibility" means the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night ;

"flight visibility" means the visibility forward from the cockpit of an aircraft in flight ;

"ground visibility" means the visibility at an aerodrome as reported by an accredited observer ;

"Visual Flight Rules" means the Rules in Part III of this Schedule ;

"Visual Meteorological Conditions" means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling, equal to or better than specified minima in Rule 26 ;

"VMC" means the symbol used to designate Visual Meteorological Conditions.

PART II

GENERAL FLIGHT RULES

2.—(1) Compliance with the Rules of the Air. The operation of an aircraft either in flight or on the manoeuvring area of an aerodrome shall be in compliance with the Rules in this Part and, in addition, when in flight, either with—

(a) the Visual Flight Rules; or

(b) the Instrument Flight Rules.

Except that in controlled airspace between sunset and sunrise or such other period between sunset and sunrise as may be specified by the appropriate authority an aircraft shall not be operated in compliance with the Visual Flight Rules without the specific permission of the appropriate authority.

(2) By night within controlled airspace all aircraft within the State shall be flown in accordance with the Instrument Flight Rules or such modification of the Instrument Flight Rules as may be specified by the appropriate air traffic control unit.

(3) In Visual Meteorological Conditions, the pilot in command shall fly in accordance with the Instrument Flight Rules if so required by the appropriate air traffic control unit or by the appropriate authority, or he may elect to fly in accordance with the Instrument Flight Rules.

(4) Responsibility for compliance with the Rules of the Air. The pilot in command of an aircraft shall whether manipulating the controls or not be responsible for the operation of the aircraft in compliance with these Rules, except that he may depart from these Rules in circumstances that render such departure absolutely necessary in the interests of safety.

Air Traffic Control Clearances and International Flight and Communication Procedures.

3.—(1) An aircraft shall be operated in compliance with air traffic control clearances received.

(2) Whenever an aircraft has requested a clearance involving priority, a report explaining the necessity for such priority shall be submitted, if requested by the appropriate air traffic control unit.

(3) An aircraft shall be operated in conformity with such flight and communication procedures as may be prescribed.

Authority of Pilot in Command of an Aircraft.

4. The pilot in command of an aircraft shall have final authority as to the disposition of the aircraft while he is in command.

Use of Intoxicating Liquor, Narcotics or Drugs.

5. No person shall pilot an aircraft, or act as a flight crew member of an aircraft, while under the influence of intoxicating liquor or any narcotic or drug, by reason of which his capacity so to act is impaired.

Preflight Action.

6.—(1) Before beginning a flight, the pilot in command of an aircraft shall familiarize himself with all available information appropriate to the intended operation.

(2) Preflight action for flights in which the aircraft does not remain in the immediate vicinity of an aerodrome and for all IFR flights shall include a careful study of available current weather forecasts and reports. Having regard to this study, and taking into consideration fuel requirements and an alternative course of action if the flight cannot be completed as planned, the pilot in command shall determine whether the flight can be made with safety.

Determination of Weather Conditions.

7.—(1) It shall be the responsibility of the pilot in command to determine whether the weather conditions expected or encountered during a flight are such as will enable him to conduct the flight in accordance with the Visual Flight Rules or to require him to comply with the Instrument Flight Rules.

(2) An aircraft which is unable to communicate by radio with an air traffic control unit at the aerodrome of destination shall not begin a flight to an aerodrome within a control zone if the information which it is reasonably practicable for the pilot in command to obtain indicates that it will arrive at that aerodrome when the ground visibility is less than 8 kilometres or the cloud ceiling is less than 1,500 feet or 450 metres unless the pilot in command has obtained from an air traffic control unit at that aerodrome permission to enter the aerodrome traffic zone.

Airspace Restrictions.

8.—(1) Aircraft shall not be flown over areas where there are flight restrictions the particulars of which have been duly notified by the appropriate authority except in accordance with the conditions of the restrictions or by permission of the appropriate authority.

(2) The Minister may if he considers it expedient in the interests of the public safety or the safety of air navigation, impose such restrictions as may be prescribed on the flying of aircraft over or in the vicinity of any district or place within the State and aircraft shall not fly in contravention of any such restrictions.

(3) Any restrictions imposed under the provisions of paragraph (2) of this Rule shall apply to such area or areas and for such period or periods as may be prescribed for the purpose of this Rule.

Towing, Picking-up and Raising of Persons and Articles.

9.—(1) Subject to the provisions of this Rule, an aircraft in flight in or over the State shall not, by means external to the aircraft, tow any article or pick-up or raise any person, animal or article unless—

(a) (i) the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose ;

and

(ii) the aircraft complies with such conditions or limitations as may be prescribed as applicable to such flights ; or

(b) the flight is made in accordance with permission given by the Minister and subject to any conditions or limitations contained in such permission.

(2) An aircraft in flight shall not tow any article at night or when flight visibility is less than 1.5 kilometres.

(3) A helicopter shall not fly at any height over the congested areas of cities, towns or settlements or over an open air assembly of persons at any time when an article, person or animal is suspended from the helicopter.

(4) Nothing in this Rule shall prohibit the picking-up or raising of any person, animal or article in an emergency or for the purpose of saving life.

Dropping of Persons and Articles.

10.—(1) Nothing shall be dropped from an aircraft in flight that might create a hazard to persons or property.

(2) Nothing shall be dropped from an aircraft flying within the State, unless it is dropped in accordance with permission given by the Minister and subject to any conditions or limitations contained in such permission :

Provided that this paragraph shall not apply to the dropping of articles by or with the authority of the pilot in command of the aircraft in the following circumstances :

(a) the dropping of articles for the purpose of saving life ;

(b) the jettisoning, in the case of emergency, of fuel or other articles in the aircraft ;

(c) the dropping of ballast in the form of fine sand or water ;

(d) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of this Order ;

(e) the dropping of material for the purpose of sowing seed or of dusting or spraying the surface of the land or water or anything growing thereon in accordance with an express authorisation for that purpose included in the terms of the certificate of airworthiness or a validation of such certificate in force in respect of the aircraft ;

(f) the dropping at an aerodrome in accordance with prescribed conditions of ropes, banners or similar articles towed by aircraft.

(3) For the purposes of this Rule, dropping includes projecting and lowering.

(4) Nothing in this Rule shall prohibit the lowering of any person, animal or article from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.

(5) This Rule shall not apply to the descent of persons by parachute from an aircraft.

Descent of Persons by Parachute.

11.—(1) A person shall not, except in case of emergency, descend by means of a parachute from an aircraft unless authorised to do so by the appropriate authority.

(2) A person shall not, except in case of emergency, descend by means of a parachute from an aircraft flying within the State, unless the descent is made in accordance with permission given by the Minister and subject to any conditions or limitations contained in such permission.

Flight Instruction.

12. Flight instruction and authorisation for solo flying to a student pilot shall be such as to ensure that an aircraft piloted by a student pilot does not constitute a hazard to air navigation, persons or property.

Simulated Instrument Flight.

13.—(1) An aircraft shall not be flown under simulated instrument flight conditions unless—

(a) fully functioning dual controls are installed in the aircraft, and

(b) a pilot holding an appropriate licence occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions. The safety pilot shall have adequate vision forward and to each side of the aircraft, or a competent observer in communication with the safety pilot shall occupy a position in the aircraft from which his field of vision adequately supplements that of the safety pilot.

For the purposes of this Rule the expression " simulated instrument flight " means a flight during which any device is used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft.

(2) Within the State an aircraft shall not carry out instrument approach practice when flying in Visual Meteorological Conditions unless—

(a) the flight has been notified to the appropriate air traffic control unit ; and

(b) if the flight is being carried out in simulated instrument flight conditions, the provisions of sub-paragraphs (a) and (b) of paragraph (1) of this Rule are complied with ; or

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

Acrobatic Flight.

14.—(1) No aircraft shall be flown acrobatically so as to constitute a hazard to air traffic.

(2) If acrobatic flight over any area has been prohibited by an appropriate authority, no aircraft shall be flown in acrobatic flight over such area without the prior consent of such authority.

(3) Aircraft within the State shall not be flown acrobatically over cities, towns or settlements or over an open air assembly of persons except with the permission of the Minister and subject to any conditions or limitations contained in such permission.

(4) Aircraft within the State shall not be flown acrobatically within controlled airspace, except with the consent of the appropriate air traffic control unit.

Negligent or Reckless Operation.

15. An aircraft shall not be operated in a negligent or reckless manner so as to endanger life or property.

Operation on and in the Vicinity of an Aerodrome.

16.—(1) An aircraft operated on or in the vicinity of an aerodrome shall, whether or not within an aerodrome traffic zone—

(a) observe other aerodrome traffic for the purpose of avoiding collision ;

(b) conform with or avoid the pattern of traffic formed by other aircraft in operation ;

(c) make all turns to the left, when approaching for a landing and after taking off, unless otherwise instructed by the appropriate authority or cleared by the appropriate air traffic control unit ;

(d) land and take off into the wind insofar as is practicable and consistent with considerations of safety and air traffic, or as required by a ground signal displayed under paragraph (10) of Rule 39 ;

(e) comply with any additional rules which may be prescribed, or, in the case of a country other than the State, specified, by the appropriate authority, as applicable in aerodrome traffic zones.

(2) When an aerodrome control tower is in operation at an aerodrome, an aircraft forming part of the aerodrome traffic shall—

(a) maintain a continuous listening watch on the appropriate radio frequency of the aerodrome control tower unless under approach control service furnished by another air traffic control unit, or if this is not possible, keep a watch for such instruction as may be issued by visual signals ; and

(b) obtain, either by radio or by visual signals, prior authorisation for any manoeuvre preparatory to or associated with taxying, landing or taking off.

Proximity.

17.—(1) An aircraft shall not be operated in such proximity to other aircraft as to create a collision hazard.

(2) Aircraft shall not be flown in formation except by pre-arrangement.

(3) Aircraft shall not be flown in formation over cities, towns or settlements or over an open air assembly of persons within the State, unless with the permission of the Minister and subject to any conditions or limitations contained in such permission.

Right of Way.

18.—(1) General. The aircraft that has the right of way shall maintain its heading and speed but nothing in these Rules shall relieve the pilot in command of an aircraft from the responsibility of taking such action as will best avert collision. An aircraft which is obliged by the following Rules to keep out of the way of another shall avoid passing over or under the other, or crossing ahead of it, unless passing well clear.

(2) Converging. When two aircraft are converging at approximately the same altitude, the aircraft that has the other on its right shall give way, except as follows :

(a) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons ;

(b) airships shall give way to gliders and balloons ;

(c) gliders shall give way to balloons ;

(d) power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.

(3) Approaching Head-on. When two aircraft are approaching head-on or approximately so and there is danger of collision, each shall alter its heading to the right.

(4) Overtaking. An aircraft that is being overtaken has the right of way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.

For the purpose of this Rule, an overtaking aircraft is an aircraft that approaches another from the rear on a line forming an angle of less than 70° with the plane of symmetry of the latter, i.e., is in such a position with reference to the other aircraft that at night it should be unable to see either of that aircraft's navigation lights specified in subparagraph (a) (i) or (a) (ii) of paragraph (2) of Rule 41.

(5) Landing :

(a) Aircraft in flight, or operating on the ground or water, shall give way to other aircraft landing or on final approach to land.

(b) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher altitude shall give way to aircraft at the lower altitude, but the latter shall not take advantage of this Rule to cut in in front of another which is on final approach to land, or to overtake that aircraft. Nevertheless power-driven heavier-than-air aircraft shall give way to gliders.

(6) Taking Off. An aircraft about to take off shall not attempt to do so until there is no apparent risk of collision with other aircraft.

(7) Emergency Landing. An aircraft that is aware that another is compelled to land shall give way to that aircraft.

Minimum Safe Heights.

19.—(1) Except as permitted by the appropriate authority, aircraft shall not be flown—

(a) over the congested areas of cities, towns or settlements or over an open air assembly of persons, at less than—

(i) a height of 1,500 feet or 450 metres above the ground or water ; or

(ii) a height of 1,000 feet or 300 metres above the highest obstacle within a radius of 2,000 feet or 600 metres from the aircraft ; or

(iii) such other height as would permit, in the event of an emergency arising, a landing to be made clear of the area without undue hazard to persons or property on the surface :

whichever height is the greatest.

(b) elsewhere closer than 500 feet or 150 metres to any person, vehicle or structure or at a height less than 500 feet or 150 metres above the ground or water ;

(c) over or in the immediate vicinity of any place within the State, where a large number of persons is assembled in the open air in connection with any event of public interest or entertainment, save when—

(i) such flights are made with the consent of the Minister and of the organisers, if any, of the event and are in accordance with any conditions or limitations specified by the Minister ; or

(ii) the aircraft is passing in straight and level flight in the normal course of navigation and flying at a height in compliance with sub-paragraph (a) of this paragraph.

(2) Subject to the provisions of paragraph (3) of Rule 9, paragraph (1) (a) of this Rule shall not apply to a helicopter if the flight is being conducted without hazard to persons or property and at a height which would permit it in the event of an emergency arising to alight without undue hazard to persons or property :

Provided that the Minister may, in the interest of safety, prescribe specific routes and heights for any such flights in which event a helicopter shall conform thereto.

(3) Paragraph (1) (b) of this Rule shall not apply to—

(i) any aircraft while it is landing or taking off in accordance with normal aviation practice ;

(ii) any aircraft when it is in use for sowing seed or dusting or spraying the surface of the land or water or anything growing thereon ;

(iii) a helicopter on a flight which is being conducted without hazard to persons or property and at a height which would permit it, in the event of an emergency arising, to land without undue hazard to persons or property ;

(iv) any glider while it is hill-soaring.

(4) Nothing in this Rule shall prohibit an aircraft from—

(a) (i) taking off, landing or practising approaches to landing, or

(ii) flying for the purpose of checking navigational aids or procedures,

in accordance with normal aviation practice at an aerodrome within the State, licensed by or under the control of the Minister or at any aerodrome in any other country, or

(b) flying in such a manner as may be necessary for the purpose of saving life :

Provided that in the case of practising approaches to landing as aforesaid such practising is confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.

Cruising Levels.

20.—(1) When required by this Order to fly at a cruising level appropriate to track, the pilot in command of an aircraft shall, subject to the provisions of paragraph (2) of this Rule, conduct the flight at a cruising level in accordance with the appropriate Part of the Table to this Rule using the altimeter setting appropriate to the airspace in which the operation takes place.

(2) Cruising levels shall be selected from Part I of the Table for flight below a level of 29,000 feet (8,850 metres) or flight level 290 and from Part II of the Table for flight at or above such level, except where on the basis of regional air navigation agreements a lower level is laid down for the change from Part I to Part II of the Table.

(3) In the Table to this Rule, the word " track " means magnetic track, save that in the case of flights in areas where the magnetic compass is of limited or of no use, the word " track " shall be taken as meaning true track or grid track if so required by the appropriate authority or on the basis of regional air navigation agreements.

Table of Cruising Levels

Track

Flight Plan.

Submission of a Flight Plan.

21.—(1) Information relative to an intended flight or portion of a flight to be provided to an air traffic services unit, either before departure or during flight, shall be in the form of a flight plan.

Requirement to submit a Flight Plan.

(2) A flight plan shall be submitted prior to operating an IFR flight—

(a) within controlled airspace ; or

(b) within advisory routes or areas ; or

(c) within other areas as may be required by air traffic services.

(3) A flight plan shall also be submitted—

(a) within the State, for any international flight or any flight of which at least a total of 100 nautical miles is over water, or a VFR flight within controlled airspace ;

(b) elsewhere, prior to operating any flight within or into designated areas, along designated routes or across international borders when so required by the appropriate authority to facilitate the provision of alerting and search and rescue services or to provide advance notice of identification.

Contents of a Flight Plan.

(4) (a) A flight plan shall comprise information regarding such of the following items as are considered relevant by the appropriate air traffic services unit in the case of flight within the State and by the appropriate authority in the case of flight elsewhere :

Type of flight plan,

Aircraft identification,

Radio identification,

Flight identification,

Type of aircraft,

Time of departure,

Aerodrome of initial departure,

Route to be followed,

Aerodrome(s) of intended landing,

True airspeed(s),

Cruising level(s),

Estimated elapsed time for each route segment,

Alternate aerodrome(s),

Estimated total elapsed time to aerodrome of first intended landing,

Fuel endurance,

Radio transmitting frequencies,

Navigation and approach aids,

Total number of persons on board,

Name of pilot in command,

Identity of operator,

Emergency and survival equipment,

Other information.

(b) If a flight plan is submitted during flight the information to be provided instead of the time of departure and aerodrome of initial departure shall be the time over the first point of the route to which the flight plan relates and the first point of the route to which the flight plan relates respectively.

Completion of a Flight Plan.

(5) Within the State, whatever the purposes for which it is submitted, a flight plan shall contain information as applicable on all the items listed in paragraph (4) of this Rule except as otherwise authorised by the appropriate air traffic services unit.

(6) Elsewhere, whatever the purpose for which it is submitted, a flight plan shall contain information as applicable on items up to and including " fuel endurance ", listed in paragraph (4) of this Rule, regarding the whole route or the portion thereof for which the flight plan is submitted, and shall in addition contain information, as applicable, on all the other items listed in paragraph (4) of this Rule when submitted—

(a) for facilitating the provision of alerting or search and rescue services, or,

(b) prior to departure for an IFR flight,

unless otherwise specified by the appropriate authority or as determined on the basis of regional air navigation agreements for IFR flights.

Changes to a Flight Plan.

(7) All changes to a flight plan submitted for an IFR flight and significant changes to a flight plan submitted for a VFR flight shall be reported as soon as practicable to the appropriate air traffic services unit. In particular, information submitted prior to departure regarding fuel endurance or total number of persons carried on board, if incorrect at time of departure, shall constitute a significant change to the flight plan.

Note : Additional provisions governing changes to a flight plan submitted for an IFR flight, when within controlled airspace, are detailed in Part IV of this Schedule.

Closing a Flight Plan.

(8) A report of arrival shall be made, either in person or by radio at the earliest practicable moment after landing, to the appropriate air traffic services unit at the aerodrome of arrival by any flight for which a flight plan has been submitted.

(9) When no air traffic services unit exists at the aerodrome of arrival, the arrival report shall be made as soon as practicable after landing, and by the quickest means available, to the nearest air traffic services unit.

(10) When communication facilities at the aerodrome of arrival are known to be inadequate and alternate arrangements for the handling of arrival reports on the ground are not available, the aircraft shall, if practicable, transmit by radio immediately prior to landing a message comparable to an arrival report, to an appropriate air traffic services unit, normally the air/ground communication station serving the air traffic services unit in charge of the flight information region in which the aircraft is flying.

Reporting Position.

22. An aircraft shall—

(a) if able to communicate by radio, report as soon as possible to the appropriate air traffic control unit the time and level of passing each reporting point designated by the appropriate air traffic control unit or by the appropriate authority together with any other required information. In the absence of such reporting points position reports shall be made at intervals specified by the appropriate air traffic control unit or by the appropriate authority ;

(b) if unable to communicate by radio, comply with such reporting procedures as may be prescribed.

Arrival and Departure of Aircraft.

23.—(1) If and while points, between or over which aircraft arriving within the State from abroad or leaving the State for abroad shall pass, have been prescribed every aircraft arriving in the State from abroad or leaving the State for abroad shall save as hereinafter mentioned pass between or over such points.

(2) Where any aircraft is compelled by an obstacle thereto or by stress of weather or unavoidable cause to enter the State from abroad elsewhere than between or over the points (if any) prescribed such aircraft shall notify the appropriate air traffic services unit as soon as practicable.

Lights.

24.—(1) Aircraft in Operation.

(a) Within the State, by night or whenever between the time of sunset and the time of sunrise any unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of at least 3 nautical miles, and

(b) elsewhere, between sunset and sunrise or such other period between sunset and sunrise as may be specified by the appropriate authority,

aircraft in flight or operating on the manoeuvring area of an aerodrome shall display lights as are required in relation to the particular aircraft by Part VI of this Schedule, save that the anti-collision light referred to in sub-paragraph (b) of paragraph (2) of Rule 41 need not be displayed on the manoeuvring area of an aerodrome. No other lights shall be displayed by such aircraft if they are likely to be mistaken for the lights required by Part VI of this Schedule.

(2) Aircraft not in Operation.

By night, or whenever any unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of at least 3 nautical miles at an aerodrome used or available for night flying, all aircraft parked or being moved on the manoeuvring area or in proximity thereto, shall be clearly illuminated or lighted, unless the area which they occupy is marked with obstruction lights.

(3) Failure of Lights. In the event of the failure of any light which is required to be displayed by Part VI of this Schedule and if the light cannot immediately be repaired or replaced the aircraft shall land as soon as it can safely do so, unless authorised by the appropriate air traffic control unit to continue its flight.

Signals.

25.—(1) Upon observing or receiving any of the signals given in Part V of this Schedule aircraft shall take such action as may be required by the interpretation of the signal given in the said Part V.

(2) Subject to the provisions of paragraph (1) of Rule 37 the signals in Part V of this Schedule shall be used only for the purpose indicated in the said Part V and no other signals likely to be confused with them shall be used.

(3) No person in an aircraft shall without lawful authority or excuse (the burden of proof whereof shall lie on such person) knowingly make any naval or military aircraft signal.

PART III

Visual Flight Rules

26.—(1) Except as otherwise authorised by the appropriate air traffic control unit for VFR flights within control zones, VFR flights shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in the following table :

Provided that within the State, and elsewhere when specified by the appropriate authority, VFR flights outside controlled airspace may be conducted at a flight visibility of less than 8 kilometres but not less than 1.5 kilometres.

(2) Except when an air traffic control clearance is obtained from the appropriate air traffic control unit, VFR flights shall neither take off nor land at an aerodrome within a control zone, nor enter the aerodrome traffic zone or the traffic pattern of such an aerodrome, if the ground visibility is less than 8 kilometres or if the ceiling is less than 1,500 feet or 450 metres.

(3) VFR flights outside controlled airspace at a height of less than 700 feet or 200 metres above the ground or water shall maintain sight of the ground or water.

(4) VFR flights operated in level cruising flight at 3,000 feet or 900 metres or more from the ground or water shall be conducted at a cruising level appropriate to track in accordance with the appropriate Part of the Table of Cruising Levels to Rule 20 except when otherwise required by the appropriate authority for VFR flights within controlled airspace.

(5) Helicopters may operate outside controlled airspace below 700 feet or 200 metres from the ground or water with a flight visibility equal or superior to 800 metres, if manoeuvred at a speed that would give the pilot in command adequate opportunity to observe other traffic or any obstruction in time to avoid collision.

Change from VFR to IFR Flight.

27. An aircraft operated in accordance with the Visual Flight Rules which wishes to change to compliance with the Instrument Flight Rules shall—

(a) if a flight plan was submitted inform the appropriate air traffic services unit of the necessary changes to be effected to its current flight plan, or

(b) when so required by paragraph (2) of Rule 21 submit a flight plan to the appropriate air traffic services unit and obtain a clearance prior to proceeding in accordance with the Instrument Flight Rules when in controlled airspace.

PART IV

INSTRUMENT FLIGHT RULES

Aircraft Equipment.

28. Aircraft shall be equipped with suitable instruments and with radio navigation apparatus appropriate to the route to be flown. An aircraft registered in the State which is equipped, as appropriate, with the instruments, equipment and radio apparatus required by the Air Navigation (Operations) Order, 1953 or any Order amending or extending that Order for the time being in operation, shall be deemed to comply with this Rule.

Change from IFR Flight to VFR Flight.

29.—(1) An aircraft electing to change the conduct of its flight from compliance with the Instrument Flight Rules to compliance with the Visual Flight Rules shall, if a flight plan was submitted, notify the appropriate air traffic services unit specifically that the IFR flight is cancelled and communicate thereto the changes to be made to its current flight plan.

(2) When an aircraft operating under the Instrument Flight Rules is flown in or encounters Visual Meteorological Conditions it shall not cancel its IFR flight unless it is anticipated, and intended, that the flight will be continued for a reasonable period of time in uninterrupted Visual Meteorological Conditions.

Minimum Heights.

30.—(1) Without prejudice to the provisions of Rule 19 aircraft shall be flown at a height of at least 1,000 feet or 300 metres above the highest obstacle located within 5 nautical miles from the estimated position of the aircraft in flight except when necessary for take off or landing, or except when specifically authorised by the appropriate authority.

(2) Without prejudice to the provisions of Rule 19, aircraft within the State shall be flown at a height of at least 1,500 feet or 450 metres above the ground or water except when necessary for take off or landing or except when specifically authorised by the Minister.

Cruising Levels.

31. Except when climbing or descending an IFR flight operating outside controlled airspace shall be flown at a cruising level appropriate to track in accordance with the appropriate Part of the Table of Cruising Levels to Rule 20.

IFR Air Traffic Control Clearance and adherence to Flight Plan.

32.—(1) An air traffic control clearance shall be obtained prior to operating an IFR flight, or a portion of a flight as an IFR flight in controlled airspace. Such clearance shall be requested through the submission of a flight plan to an air traffic control unit.

(2) Changes to a Flight Plan. Except as provided for in paragraph (3) of this Rule, no change shall be made to the current flight plan submitted for an IFR flight within controlled airspace, unless a request for such change has been made and clearance obtained from an air traffic control unit, or unless an emergency situation arises which necessitates immediate action by the aircraft, in which event as soon as circumstances permit, after such emergency authority is exercised, the appropriate air traffic services unit shall be notified of the action taken and if necessary a clearance shall be obtained for any change effected.

(3) Inadvertent Changes. In the event that an aircraft inadvertently deviates from its current flight plan, the following action shall be taken :

(a) Deviation from Track.

If the aircraft is off track, action shall be taken forthwith to adjust the heading of the aircraft to regain track as soon as practicable.

(b) Variation in True Airspeed.

If the average true airspeed at cruising level between reporting points varies or is expected to vary by plus or minus five per cent. of the true airspeed, from that given in the flight plan, the appropriate air traffic services unit shall be so informed.

(c) Change in Estimated Elapsed Time (EET).

If the estimated elapsed time to arrival over the next designated reporting point or to the aerodrome of intended landing as given in the flight plan is found to be in error, in excess of three minutes, unless otherwise prescribed or required by regional air navigation agreement, a revised EET shall be notified as soon as possible to the appropriate air traffic services unit.

(4) Intended Changes. Requests for flight plan changes shall include information as indicated hereunder :

(a) Change of Cruising Level: aircraft identification ; requested new cruising level ; revised EET (when applicable) to next designated reporting point.

(b) Change of Route :

(i) Destination Unchanged: type of flight plan ; aircraft identification; description of new route of flight including related flight plan data, beginning with time and position from which requested change of route is to be commenced ; estimated elapsed time from point of change to destination ; any other pertinent information.

(ii) Destination Changed : type of flight plan ; aircraft identification ; description of new route of flight to new destination including related flight plan data, beginning with the time and position from which requested change of route is to be commenced ; estimated elapsed time from point of change to destination ; alternate aerodrome ; any other pertinent information.

Termination of Control.

33. When an IFR flight operating under the air traffic control service has landed, or leaves a controlled airspace and it is no longer subject to air traffic control service, the appropriate air traffic control unit shall be notified as soon as possible.

Radio Communications.

34. An aircraft shall not be flown on an IFR flight within controlled airspace unless a continuous listening watch is maintained on the appropriate radio frequency of, and two-way communication can be established as necessary with the appropriate air traffic control unit.

Communication Failure.

35. If a radio failure precludes compliance with Rule 34 the aircraft shall proceed according to the procedure notified by the appropriate authority but where such procedure is not notified shall—

(a) if in Visual Meteorological Conditions—

(i) continue to fly in Visual Meteorological Conditions ; and

(ii) land at the most suitable aerodrome ;

(b) if in Instrument Meteorological Conditions or when weather conditions are such that it does not appear feasible to complete the flight in accordance with (a)—

(i) proceed according to the current flight plan, maintaining the last acknowledged assigned cruising level (or levels) to the point specified in the clearance to which the cruising level(s) apply, if different from those of the flight plan, and thereafter at the cruising level (or levels) indicated in the curent flight plan ; and

(ii) arrange the flight so as to arrive as closely as possible to the estimated time of arrival ; and

(iii) commence descent as nearly as possible to the expected approach time last received and acknowledged ; or, if no expected approach time has been received and acknowledged as nearly as possible to the estimated time of arrival indicated in the flight plan.

Instrument Approach Procedures.

36. An aircraft shall, unless otherwise authorised by the appropriate air traffic control unit, follow the established instrument approach procedures for the aerodrome to be used.

PART V

SIGNALS

DISTRESS, URGENCY AND SAFETY SIGNALS.

37.—(1) None of the provisions of this Rule shall prevent the use, by an aircraft in distress, of any means at its disposal to attract attention, make known its position and obtain help.

(2) Distress Signals. The following signals, used either together or separately, mean that grave and imminent danger threatens, and immediate assistance is requested :

(a) a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS (— — — in the Morse Code) ;

(b) a signal sent by radiotelephony consisting of the spoken word " MAYDAY ";

(c) rockets or shells throwing red lights, fired one at a time at short intervals ;

(d) a parachute flare showing a red light ;

(e) the two-flag signal (as illustrated in Figure 1) corresponding to the letters NC of the International Code of Signals ;

(f) a signal consisting of a square flag having, above it or below it, a ball or anything resembling a ball (Figure 2) ;

(g) a gun or other explosive signal fired at intervals of about a minute.

(3) Urgency Signals.

(a) The following signals, used either together or separately, mean that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance :

(i) the repeated switching on and off of the landing lights ; or

(ii) the repeated switching on and off of the navigation lights ; or

(iii) a succession of white pyrotechnical lights.

(b) The following signals used, either together or separately, mean that an aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or other vehicle, or of some person on board or within sight :

(i) a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX ;

(ii) a signal sent by radiotelephony, consisting of the spoken word PAN ;

(iii) a succession of green pyrotechnical lights ;

(iv) a succession of green flashes with signal apparatus.

(4) Safety Signals. The following signals, used either together or separately, mean that an aircraft is about to transmit a message concerning the safety of navigation or giving important meteorological warnings :

(i) a signal made by radiotelegraphy or by any other signalling method consisting of the group TTT ;

(ii) a signal sent by radiotelephony consisting of the spoken word SECURITE.

Visual Signals used to warn an Aircraft that it is flying in the vicinity of a Restricted, Prohibited or Danger Area.

38. By day and by night, a series of projectiles discharged at intervals of 10 seconds, each showing, on bursting, red and green lights or stars will indicate to an aircraft that it is flying in the vicinity of a restricted, prohibited or danger area, and that the aircraft is to take such remedial action as may be necessary.

These signals can be emitted either from the ground or from another aircraft.

Signals for the Control of Aerodrome Traffic.

39.—(1) The light signals specified in paragraph (4) of this Rule shall be used, as appropriate, within the State at any aerodrome having an aerodrome control tower.

(2) When ground signals are displayed for the control of aerodrome traffic, they shall be in accordance with the signals specified in paragraphs (5) to (12) inclusive of this Rule.

(3) The Minister may require the owner, manager or other person responsible for the operation of any licensed aerodrome within the State to display any or all of the ground signals specified in paragraph (5) to (12) of this Rule and such signals shall be displayed at such aerodrome to the extent so required.

Light Signals.

(4) The signals specified in the following table when made by the aerodrome control tower to aircraft in flight or on the ground shall have the meanings respectively assigned to them and shall be interpreted as follows (Figure 3) :

*Authorisation to land will be thereafter given as a steady green light.

Fig. 3

Ground Signals.

(5) Delimitation of the Landing Area at Aerodromes within the State.

(a) By Day at Aerodromes without Runways.

Boundary markers (Figure 3A) placed along the boundary of the landing area, and at such corners thereof as may be necessary shall indicate the boundaries of the landing area. The boundary markers shall be—

(i) of the form and dimensions shown in Figure 3A or in the form of a cone not less than 12/3 feet or 0.5 metre in height and not less than 2½ feet or 0.75 metre in diameter ;

(ii) coloured to contrast with the background against which they will be seen. A single colour, orange or red, or two contrasting colours, orange and white, or alternatively red and white, shall be used except where such colours merge with the background ;

(iii) spaced at intervals of not more than 600 feet or 200 metres if of the form shown in Figure 3A, or at intervals of approximately 300 feet or 90 metres if in the form of a cone.

(b) By Night at Aerodromes without Runways.

The boundary of the landing area shall be indicated by boundary lights placed along the boundary and at the corners of the landing area as may be necessary. The boundary lights shall be—

(i) arranged at intervals of not more than 330 feet or 100 metres along the boundary of the landing area except that boundary lights may be omitted in building areas where the outline of the landing area is adequately indicated by apron floodlighting or similar illumination ;

(ii) fixed lights showing white at all angles up to at least 30 degrees above the horizontal. The intensity of the lights shall be not less than 10 candles.

(c) At Aerodromes with Runways. Such day marking aids and lights shall be provided and used as the Minister may direct.

(6) Prohibition of Landing.

A horizontal red square panel with yellow diagonals (Figure 4) shall indicate that landings at the aerodrome concerned are prohibited and that the prohibition is liable to be prolonged.

Fig. 4

(7) Need for Special Precautions while Approaching or Landing.

A horizontal red square panel with one yellow diagonal (Figure 5) shall indicate that owing to the bad state of the manoeuvring area, or for any other reason, special precautions must be observed in approaching to land or in landing.

Fig. 5

(8) Use of Runways and Taxiways.

(a) A horizontal white dumb-bell (Figure 6) shall indicate that aircraft are required to land, take off and taxi on runways and taxiways only.

Fig. 6

(b) The same horizontal white dumb-bell as in sub-paragraph (a) but with a black bar placed perpendicular to the shaft across each circular portion of the dumb-bell (Figure 7) shall indicate that aircraft are required to land and take off on runways only, but that other manoeuvres need not be confined to runways and taxiways.

(9) Unserviceability of the Manoeuvring Area.

Crosses of a single conspicuous colour, preferably white (Figure 8) displayed horizontally on the manoeuvring area shall indicate the limits of an area unfit for the movement of aircraft.

(10) Directions for Landing or Take Off.

(a) When either one or both of the following signals are used, they shall indicate the direction to be used by aircraft for landing or take off as follows :

(i) a horizontal white or orange landing T (Figure 9) in a direction parallel to the shaft of the T towards the cross arm ;

(ii) a tetrahedron orange or black on the left side, white or aluminium on the right side, when viewed from the back towards the apex (Figure 10) in the direction towards which the tetrahedron points. The tetrahedron shall have a long axis of not less than 25 feet or 8 metres and an equilateral triangular base with not less than 12 foot or 4 metre sides.

(b) A black ball displayed on a mast (Figure 11) and clearly visible to aircraft on the manoeuvring area shall indicate that the direction of take off is to be verified with the aerodrome control tower.

(c) A white or orange disc displayed horizontally alongside the cross piece of a landing T in line with its shaft (Figure 12) shall be used as a cautionary signal to indicate that a single direction is not being used for all landings and take-offs.

(d) A set or sets of two digits (Figure 13) displayed vertically at or near the aerodrome control tower and clearly visible to aircraft on the manoeuvring area shall indicate to such aircraft the direction for take off, expressed in units of 10 degrees to the nearest 10 degrees of the magnetic compass.

(11) Right Hand Traffic.

When displayed in the signal area, or horizontally at the end of the runway or strip in use, a right hand arrow of conspicuous colour (Figure 14) shall indicate that circuits or partial circuits are to be made to the right before landing and after take off.

(12) Aerodrome Control Reporting Office.

The letter C displayed vertically in black against a yellow background (Figure 15) and clearly visible to aircraft on the maneouvring area shall indicate the place at which reports concerning air traffic services are made.

Fig. 15

Marshalling Signals. (For additional signals for hovering helicopters see (2) of this Rule).

40.—(1) The signals specified in this Rule apply to power driven heavier-than-air aircraft only and shall be made with the signaller facing the aircraft in a position—

(a) for fixed-wing aircraft on the ground forward of the left-wing-tip within view of the pilot ; and

(b) for helicopters, on the ground or hovering, where he can best be seen by the pilot.

The signals which may be made by hand or with bats, illuminated wands or torchlights, shall have the meanings respectively assigned to them and shall be interpreted as follows :—

PART VI

RULES FOR LIGHTS

Navigation Lights to be Displayed by Aeroplanes.

41.—(1) For the purposes of this Rule—

(a) the longitudinal axis of an aeroplane means a selected axis parallel to the direction of flight at a normal cruising speed and passing through the centre of gravity of the aeroplane ;

(b) the horizontal plane of an aeroplane means the plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane.

(2) The following lights shall be displayed by aeroplanes in accordance with Rule 24 :

(a) all aeroplanes (Figure 16) :

(i) an unobstructed red light projected above and below the horizontal plane through an angle from dead ahead to 110° to left (port) ;

(ii) an unobstructed green light projected above and below the horizontal plane through an angle from dead ahead to 110° right (starboard) ;

(iii) an unobstructed white light projected above and below the horizontal plane rearward through an angle of 140° equally distributed on the left (port) and right (starboard) sides.

(b) certain aeroplanes : an anti-collision light as specified in paragraph (3) of this Rule shall be displayed by such aeroplanes as may be prescribed.

(3) The lights specified in sub-paragraph (a) of paragraph (2) of this Rule may be displayed either as steady lights or as flashing lights :

Provided that these lights shall be displayed as steady lights when an anti-collision light, being a flashing light or system of flashing lights fitted to the exterior of the aircraft and having such characteristics and in such a position or positions as the Minister may approve, is also displayed.

(4) Wing tip clearance lights comprising steady lights of the colours. specified for the navigation lights in sub-paragraphs (a) (i) and (ii) of paragraph (2) of this Rule may be displayed if there are no navigation lights within 6 feet or 1.80 metres of the wing tips.

(5) The minimum intensities of the lights specified in sub-paragraphs (a) (i), (ii) and (iii) of paragraph (2) of this Rule shall be as follows :

Lights to be Displayed by Aircraft other than Aeroplanes.

42. Aircraft other than aeroplanes shall display such lights as may be prescribed.

GIVEN under my Official Seal, this 4th day of February, 1963.

ERSKINE H. CHILDERS

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order revokes and re-enacts with modifications the Air Navigation (Rules of the Air) Order, 1949 ( S.I. No. 96 of 1949 ). It also revokes and re-enacts with modifications certain provisions of the Air Navigation (General) Regulations, 1930 (S. R. & O., No. 26 of 1930).

The principal modifications include—

(a) the addition of a detention provision (Article 7) ;

(b) the addition of a provision empowering the Minister to give directions for carrying out the purposes of the Order in respect of the matters to which certain specified parts of the Order relate (Article 12) ;

(c) a major revision of the Rules (which are contained in the Schedule) relating to—

(i) towing of objects (Rule 9) ;

(ii) dropping of objects (Rule 10) ;

(iii) formation flying (Rule 17) ;

(iv) minimum heights (Rule 19) ;

(v) cruising levels (Rule 20) ;

(vi) visual flight (Rules 26 and 27) ;

(vii) instrument flight (Rules 28 to 36) ;

(viii) signals (Rules 37 to 40) ;

(ix) lights (Rules 41 and 42).