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The Air Navigation (Isle of Man) Order 2015

Type Statutory-Instrument

Publication 2015-03-19

Last updated 2022-04-06

State In force

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Made: 19th March 2015

Coming into force: 1st May 2015

At the Court at Buckingham Palace, the 19th day of March 2015Present,The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 60 and 61 of the Civil Aviation Act 1982[^f00001], is pleased, by and with the advice of Her Privy Council, to make the following Order:

Citation and commencement

1

This Order may be cited as the Air Navigation (Isle of Man) Order 2015 and comes into force on 1st May 2015.

Revocation

2

The following Orders are revoked—

(a) the Air Navigation (Isle of Man) Order 2007[^f00002];

(b) the Air Navigation (Isle of Man) (Amendment) Order 2008[^f00003].

PART 1 — Registration and marking of aircraft

Aircraft to be registered

3

(1) Subject to paragraphs (2) and (3), an aircraft must not fly in or over the Isle of Man unless it is registered in—

(a) some part of the Commonwealth;

(b) a Contracting State; or

(c) some other country in relation to which there is in force an agreement between Her Majesty’s Government in the United Kingdom and the Government of that country that makes provision for the flight over the Isle of Man of aircraft registered in that country.

(2) A glider may fly unregistered, and will be taken to be registered in the Isle of Man for the purposes of articles 32, 34 and 39 on a flight that—

(a) begins and ends in the Isle of Man without passing over any other country; and

(b) is not for the purpose of commercial air transport or aerial work.

(3) Paragraph (1) does not apply to a kite or captive balloon.

(4) If an aircraft flies in or over the Isle of Man in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the Isle of Man an offence in respect of a contravention of a provision specified in Schedule 11 would have been committed, that same offence is to be taken to have been committed in respect of that aircraft.

Department to register aircraft in the Isle of Man

4

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Who may register aircraft in the Isle of Man

5

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Application for registration

6

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Changes to the register

7

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Aircraft that are entered in the Register of Aircraft Mortgages

8

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General provisions concerning registration

9

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Nationality and registration marks

10

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PART 2 — Operations and operational directives

Prohibition of use for commercial air transport or aerial work

11

Except in the case of a transfer of functions under Article 83 of the Chicago Convention, an aircraft registered in the Isle of Man prior to the date of the coming into operation of the Civil Aviation (Aircraft Registration and Marking) Order 2022 (SD 2022/0073) must not fly on a flight for the purpose of commercial air transport or aerial work.

Offering commercial air transport flights

12

A person must not hold anyone out (whether the person who is being held out is the same person as the one who is holding out or is another person) as being one who may offer flights in an aircraft registered in the Isle of Man for the purpose of commercial air transport.

Operational directives

13

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Passenger and cargo manifest

14

(1) This article applies to an aircraft registered in the Isle of Man for which a certificate of airworthiness is in force and that is used for international air navigation.

(2) The commander of an aircraft to which this article applies must ensure that the following manifests are completed and carried on board-

(a) if passengers are carried, a passenger manifest containing the passengers’ names, and their places of embarkation and disembarkation; and

(b) if cargo is carried, a cargo manifest containing detailed declarations of the cargo.

(3) A copy of each of these documents, where prepared, must be left at the aerodrome of departure.

PART 3 — Airworthiness of aircraft

Certificate of airworthiness to be in force

15

(1) Subject to paragraph (2), an aircraft must not fly unless –

(a) there is in force for the aircraft a certificate of airworthiness issued or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; and

(b) any conditions subject to which the certificate was issued or rendered valid are complied with.

(2) The prohibition in paragraph (1) does not apply to flights, beginning and ending in the Isle of Man without passing over any other country, of —

(a) a glider flying on a private flight or an aerial work flight that consists of the giving of instruction or testing in a club environment;

(b) a balloon flying on a private flight;

(d) an aircraft flying in accordance with the conditions set out in Schedule 1;

(e) an aircraft flying in accordance with a national permit to fly;

(f) an aircraft flying in accordance with a certificate of validation issued by the Department under article 21; or

(g) a single-seat deregulated aeroplane which is flying on a private flight.

(3) An aircraft registered in the Isle of Man with a certificate of airworthiness must not fly otherwise than in accordance with any conditions or limitations contained in its flight manual unless otherwise permitted by the Department.

Issue and renewal of certificates of airworthiness

16

(1) Subject to paragraph (2), the Department must issue for an aircraft registered in the Isle of Man a certificate of airworthiness if it is satisfied that the aircraft is fit to fly having regard to—

(a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted in the aircraft), and of any equipment carried in the aircraft that it considers necessary for the airworthiness of the aircraft; and

(b) the results of flying trials and such other tests of the aircraft as it may require.

(2) If the Department has issued a certificate of airworthiness for an aircraft that, in its opinion, is a prototype aircraft or a modification of a prototype aircraft, it may dispense with flying trials in the case of any other aircraft if it is satisfied that the other aircraft conforms to such prototype or modification.

(3) A certificate of airworthiness must —

(a) specify the category “Private”; and

(b) be issued subject to the condition that the aircraft may not be flown except for the purposes (which may not include commercial air transport or aerial work) specified in the certificate.

(4) The Department may issue a certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as it thinks fit.

(5) The Department may issue a certificate of validation.

(6) Nothing in this Order obliges the Department to accept an application for the issue of a certificate of airworthiness or certificate of validation or for the variation or renewal of such a certificate if the application is not supported by a report from a person approved under article 158 as the Department may specify, either generally or in a particular case or class of case.

(7) In this article, a certificate of validation means a certificate rendering valid for the purposes of this Order a certificate of airworthiness issued for an aircraft registered elsewhere than in the Isle of Man under the law of a country other than the Isle of Man.

Certificate of airworthiness ceasing to be in force and issue of airworthiness directives

17

(1) Subject to paragraph (3), a certificate of airworthiness or a certificate of validation issued for an aircraft registered in the Isle of Man ceases to be in force if—

(a) the aircraft or a part of it or such of its equipment as is necessary for its airworthiness has been overhauled, repaired, replaced, modified or maintained;

(b) maintenance or an inspection of the aircraft or of equipment necessary for its airworthiness is required by a maintenance programme approved by the Department for the aircraft under article 22;

(c) maintenance of the aircraft or of equipment necessary for its airworthiness has been made mandatory by a directive issued by the Department;

(d) an inspection for the purpose of ascertaining whether the aircraft remains airworthy has been made mandatory by a directive issued by the Department; or

(e) any modification of the aircraft or of any equipment is necessary for its airworthiness has been made mandatory by a directive issued by the Department for the purpose of ensuring that the aircraft remains airworthy.

(2) A certificate of airworthiness or a certificate of validation that has ceased to be in force under paragraph (1) becomes valid again on the issue of a certificate of release to service under this Order relating to the overhaul, repair, replacement, modification, maintenance or inspection.

(3) A certificate of airworthiness that would not be in force by reason of paragraph (1) remains in force if the aircraft is flying in the circumstances specified in article 24(3) or 25.

(4) In this article, a certificate of validation has the same meaning as in article 16(7).

Issue of national permits to fly

18

(1) Subject to paragraph (2), the Department must issue for an aircraft registered in the Isle of Man a national permit to fly if it is satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.

(2) The Department must refuse to issue a national permit to fly for an aircraft registered in the Isle of Man if it appears to the Department that the aircraft is eligible for, and ought to fly under and in accordance with, a certificate of airworthiness.

(3) The Department may issue a national permit to fly subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.

(4) Nothing in this Order requires the Department to accept an application for the issue, variation or renewal of a national permit to fly if the application is not supported by a report from a person approved under article 158 as the Department may specify, either generally or in a particular case or class of cases.

National permits to fly ceasing to be in force and issue of airworthiness directives for permit aircraft

19

(1) A national permit to fly ceases to be in force if—

(a) the Department has issued a directive that requires—

(i) an inspection to be carried out for the purpose of ascertaining whether the aircraft remains airworthy; or

(ii) modification or maintenance of the aircraft or any of its equipment necessary for its airworthiness for the purpose of ensuring that the aircraft remains airworthy; or

(b) completion of an inspection, modification or maintenance of the aircraft is required as a condition of the permit to fly.

(2) A national permit to fly that has ceased to be in force under paragraph (1) comes into force again as soon as—

(a) any such inspection, modification or maintenance has been satisfactorily completed; and

(b) in the case of an inspection, any consequential repair, replacement or modification has been satisfactorily carried out.

(3) A national permit to fly ceases to be in force—

(a) if any condition (other than a condition of the permit requiring an inspection, modification or maintenance) is not complied with;

(b) if the aircraft, engines or propellers, or such of its equipment as is necessary for its airworthiness are modified or repaired, unless the repair or modification has been approved by the Department or by a person approved by the Department for that purpose.

(4) A national permit to fly is not in force unless the permit includes a current certificate of validity issued by the Department or by a person approved by the Department for that purpose.

(5) In this article a certificate of validity means a certificate that certifies that a national permit to fly remains valid for the period specified in the certificate and a certificate of validity is current during that period.

Limitations of national permits to fly

20

(1) Subject to paragraph (3), an aircraft flying in accordance with a national permit to fly must not fly for the purpose of—

(a) commercial air transport; or

(b) aerial work other than aerial work that consists of flights for flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

(2) A person may not be carried during flights for flying displays or demonstration flying (except for the minimum required flight crew), unless the prior permission of the Department has been obtained.

(3) An aircraft flying in accordance with a national permit to fly may fly for aerial work that consists of instruction or testing in a club environment if it does so with the permission of the Department.

(4) A placard must be affixed to an aircraft flying in accordance with a national permit to fly in full view of the occupants that must be worded as follows—

(5) An aircraft flying in accordance with a national permit to fly may only be flown by day and in accordance with the Visual Flight Rules unless the prior permission of the Department has been obtained.

(6) In paragraph (5) “day” means the time from half an hour before sunrise until half an hour after sunset, with sunset and sunrise being determined at surface level.

Issue and validity of certificates of validation of permits to fly or equivalent documents

21

(1) In this article, a certificate of validation means a certificate authorising an aircraft registered elsewhere than in the Isle of Man to fly in or over the Isle of Man.

(2) The Department must issue a certificate of validation if it is satisfied that the aircraft has a permit to fly or equivalent document issued or validated by the competent authority of the country in which the aircraft is registered and the authority applies standards that are substantially equivalent to those required for the issue of a permit to fly by the Department.

(3) An aircraft flying in accordance with a certificate of validation must not fly for the purpose of —

(a) commercial air transport; or

(b) aerial work other than aerial work that consists of flights for flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.

(4) The Department may issue a certificate of validation subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.

Requirement for an approved maintenance programme

22

(1) An aircraft registered in the Isle of Man for which a certificate of airworthiness is in force must not fly unless the aircraft (including its engines), together with its equipment and radio station, is maintained in accordance with a maintenance programme approved by the Department for that aircraft.

(2) The design and application of the maintenance programme must observe Human Factors principles as specified in any guidance material published by the Department.

(3) The operator of an aircraft registered in the Isle of Man and which has a maximum total mass authorised in excess of 5,700 kg must ensure that the information resulting from the maintenance and operational experience with respect to its continuing airworthiness is transmitted to the organisation responsible for the type design of the aircraft.

Technical log

23

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Requirement for a certificate of release to service for aircraft

24

(1) This article applies to an aircraft registered in the Isle of Man that has a certificate of airworthiness.

(2) Subject to paragraph (3) and article 25, if an aircraft or a part of it or such of its equipment as is necessary for its airworthiness has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in article 17(1)(b) or (d), it must not be flown unless there is in force for it a certificate of release to service issued under and in accordance with this Order.

(3) If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at a place where it is not reasonably practicable—

(a) for the repair or replacement to be carried out in such a manner that a certificate of release to service under this Order can be issued; or

(b) for such a certificate to be issued while the aircraft is at that place,

it may fly to a place that satisfies each of the criteria in paragraph (5).

(4) If the aircraft flies in the circumstances referred to in paragraph (3), the commander of the aircraft must cause written information about the flight, and the reasons for making it, to be given to the Department within 10 days.

(5) A place satisfies the criteria in this paragraph if it is—

(a) the nearest place at which a certificate of release to service under this Order can be issued;

(b) a place to which the aircraft can, in the reasonable opinion of the commander, safely fly by a route for which it is properly equipped; and

(c) a place to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board.

(6) Subject to paragraph (8), equipment provided in compliance with Schedule 3 (except equipment specified in paragraph 4 of the Schedule) must not be installed or placed on board for use in an aircraft after being overhauled, repaired, modified or inspected.

(7) Subject to paragraph (8), radio communication and radio navigation equipment provided for use in an aircraft or in a survival craft carried in an aircraft, whether or not the equipment is provided in compliance with Schedule 4 or any other provision of this Order or any applied regulations, must not be installed or placed on board for use in an aircraft after being overhauled, repaired, modified or inspected.

(8) Equipment specified in paragraphs (6) and (7) may be installed or placed on board for use in an aircraft if there is in force for the equipment, at the time when it is installed or placed on board, a certificate of release to service issued under this Order.

Circumstances where a certificate of release to service is not required

25

(1) A certificate of release to service is not required to be in force for a private aircraft to which article 24 applies that has a maximum total mass authorised of not more than 2730 kg if it flies in the circumstances specified in paragraph (2).

(2) Those circumstances are—

(a) the only repairs or replacements for which a certificate of release to service is not in force are of such a description as may be prescribed;

(b) such repairs or replacements have been carried out personally by the holder of a pilot’s licence granted or rendered valid under this Order who is the owner or operator of the aircraft;

(c) the person carrying out the repairs or replacements keeps in the aircraft log book kept for the aircraft under article 29 a record that identifies the repairs or replacements and signs and dates the entries; and

(d) any equipment or parts used in carrying out the repairs or replacements are of a type approved by the Department, either generally or in relation to a class of aircraft or the particular aircraft.

Contents of a certificate of release to service

26

(1) If an aircraft or a part of the aircraft or its equipment has been overhauled, repaired, replaced, modified or maintained, a certificate of release to service issued under this Order must—

(a) identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates;

(b) include detailed information about the work done;

(c) certify that the specified work has been completed with material of a type approved by the Department, either generally or in relation to a class of aircraft or the particular aircraft;

(d) in the case of an overhaul, removal or replacement, certify that the specified work conforms with the continuing airworthiness instructions issued by the relevant type certificate holder; and

(e) certify that—

(i) the specified work has been completed in a manner approved by the Department, either generally or in relation to a class of aircraft or the particular aircraft; or

(ii) in the case of a repair or modification that has been classified as minor by a person authorised to do so by the Department and approved by that person, it has been completed in accordance with the approval.

(2) A certificate of release to service issued under this Order in relation to an inspection required in accordance with article 17(1)(b) or (d) must certify that the aircraft or the part of it or its equipment that has been required to be inspected—

(a) has been inspected in accordance with the requirements; and

(b) that any consequential repair, replacement or modification has been satisfactorily carried out.

(3) In this article, a “minor repair or modification” means one that has no appreciable effect on the mass, balance, structural strength, reliability, operational characteristics, noise, fuel venting, exhaust emission or other characteristics affecting the airworthiness of the aircraft, part or equipment.

Who may issue a certificate of release to service

27

A certificate of release to service issued under this Order may be issued only by a person, whether an individual or an incorporated person, who is —

(a) the holder of an aircraft maintenance engineer’s licence —

(i) granted under this Order, being a licence that entitles the holder to issue the certificate; or

(ii) granted under the law of a country other than the Isle of Man and rendered valid under this Order, being a licence that entitles the holder to issue the certificate in accordance with the privileges endorsed on the licence;

(b) approved by the Department as being competent to issue the certification and who is acting in accordance with the approval;

(c) in a particular case, authorised by the Department to issue the certificate and who is acting in accordance with the approval;

(d) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot’s Licence (Aeroplanes) or a Flight Navigator’s Licence rendered valid under this Order;

(e) approved in accordance with Part 145 and who is acting in accordance with the approval; or

(f) listed in the maintenance organisation manual of a maintenance organisation approved under Part M Subpart F as a member of the certifying staff of the organisation and who is acting in accordance with the scope of the person’s approval as stated in the manual.

Validation of maintenance engineers’ licences etc.

28

(1) The Department may, subject to any conditions as it thinks fit, issue a certificate of validation of—

(a) an aircraft maintenance engineer’s licence granted in accordance with the laws and procedures of a Contracting State;

(b) an approval given in accordance with Part 145 or Part M Subpart F; or

(c) an aircraft maintenance licence granted by a State that is in conformity with Annex 1 to the Chicago Convention[^f00005].

(2) Subject to paragraph (3) the holder of a licence that is valid by virtue of paragraph (1) may be either an individual or an incorporated body.

(3) If the holder is an individual, the individual must not exercise the privileges of such a licence if he or she knows or suspects that his or her physical or mental condition renders the individual unfit to exercise such privileges.

Aircraft, engine and propeller log books

29

(1) In addition to any other log book required to be kept by or under this Order, the following log books must be kept for an aircraft registered in the Isle of Man —

(a) an aircraft log book;

(b) a separate log book for each engine fitted in the aircraft; and

(2) The log books must include the information specified in Schedule 5.

(3) With the exception of an entry of the type referred to in paragraph 3(d)(ii) or 4(d)(ii) of Schedule 5 each entry in the log book —

(a) must be made as soon as practicable, but in no event more than 30 days, after the occurrence to which it relates;

(b) must be made on each occasion that any overhaul, repair, replacement, modification, maintenance or inspection is undertaken on the engine or propeller.

(4) A document that is incorporated by reference in a log book is to be taken, for the purposes of this Order, to be part of the log book.

(5) The operator of an aircraft for which log books are required to be kept must keep them or cause them to be kept in accordance with this article.

(6) Subject to article 90 a log book must be preserved by the operator of the aircraft for at least two years after the aircraft, the engine or the variable pitch propeller has been destroyed or has been permanently withdrawn from use.

Aircraft mass schedule

30

(1) This article applies to a flying machine or a glider for which a certificate of airworthiness issued by the Department or rendered valid under this Order is in force.

(2) An aircraft to which this article applies must be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Department may require.

(3) When the aircraft is weighed its operator must prepare a mass schedule showing —

(a) either the basic mass, or such other mass as may be approved by the Department for that aircraft; and

(b) either the position of the centre of gravity at its basic mass or such other position of the centre of gravity as may be approved by the Department for that aircraft.

(4) Subject to article 90, the mass schedule must be preserved by the operator of the aircraft for at least six months after the next occasion on which the aircraft is weighed for the purposes of this article.

(5) In this article “basic mass” means the empty mass of the aircraft established in accordance with the type certification basis of the aircraft.

Access and inspection for airworthiness purposes

31

(1) The Department may cause such inspections, investigations, tests, experiments and flight trials to be made as it deems necessary for the purposes of this Part.

(2) A person authorised to do so by the Department may at any reasonable time inspect a part of, or material intended to be incorporated in or used in the manufacture of any part of an aircraft or its equipment or a document relating to the aircraft and may for that purpose go onto an aerodrome or enter an aircraft factory.

PART 4 — Equipment of aircraft

Equipment of aircraft

32

(1) An aircraft must not be flown unless it is so equipped as to comply with the law of the country in which it is registered and as to enable lights and markings to be displayed and signals to be made all in accordance with this Order and any applied regulations.

(2) Subject to paragraph (7), an aircraft registered in the Isle of Man must (in addition to any other equipment required by this Order or any applied regulations) carry the equipment specified in paragraph 5 of Schedule 3 in the circumstances described in the second column of the Table in paragraph 4 of that Schedule.

(3) The equipment carried must—

(a) comply with the provisions of Schedule 3;

(b) except for the equipment specified in paragraph 3 of that Schedule, be of a type approved by the Department either generally or in relation to a class of aircraft or in relation to that aircraft; and

(4) In any particular case the Department may direct that an aircraft registered in the Isle of Man must carry such additional or special equipment or supplies as the Department may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of persons carried in the aircraft.

(5) This paragraph applies to navigational equipment capable of establishing the aircraft’s position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting on it.

(6) Navigational equipment to which paragraph (5) applies that is carried in an aircraft registered in the Isle of Man (whether or not in compliance with this Order or any regulations made under this Order) must—

(a) be of a type approved by the Department, either generally or in relation to a class of aircraft or in relation to that aircraft; and

(b) be installed in a manner approved by the Department.

(7) This article does not apply in relation to radio communication and radio navigation equipment except such equipment specified in Schedule 3.

Carriage and use of equipment

33

(1) The equipment carried in compliance with article 32 must be installed or stowed and kept stowed, maintained and adjusted, so as to be readily accessible and capable of being used by the person for whose use it is intended.

(2) The position of equipment provided for emergency use must be indicated by clear markings in or on the aircraft.

(3) All equipment installed or carried in an aircraft, whether or not in compliance with article 32, must be installed or stowed and maintained and adjusted so as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.

34

(1) An aircraft must not be flown unless it is equipped with radio communication and radio navigation equipment that —

(a) complies with the law of the country in which the aircraft is registered or the State of the operator; and

(b) enables communications to be made and the aircraft to be navigated, in accordance with —

(i) the provisions of this Order;

(ii) any applied regulations.

(2) Without prejudice to paragraph (1) but subject to paragraph (5), an aircraft must be equipped with radio communication and radio navigation equipment in accordance with Schedule 4.

(3) In any particular case the Department may direct that an aircraft registered in the Isle of Man carries such additional or special radio communication or radio navigation equipment as the Department may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.

(4) Subject to article 35 and to any prescribed exceptions, the radio communication and radio navigation equipment provided in compliance with this article in an aircraft registered in the Isle of Man must always be maintained in serviceable condition.

(5) All radio communication and radio navigation equipment installed in an aircraft registered in the Isle of Man or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any applied regulations must—

(a) be of a type approved by the Department in relation to the purpose for which it is to be used; and

(b) except in the case of a glider that is permitted by article 3(2) to fly unregistered, be installed in a manner approved by the Department.

(6) Neither the radio communication and radio navigation equipment referred to in paragraph (5) nor the manner in which it is installed may be modified except with the approval of the Department.

Minimum equipment requirements

35

(1) This article applies to an aircraft registered in the Isle of Man.

(2) The Department may permit an aircraft or class of aircraft to which this article applies to commence a flight in specified circumstances even though a specified item of equipment that must by or under this Order be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.

(3) An aircraft must not commence a private flight if any of the equipment that must by or under this Order be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use unless the aircraft does so under and in accordance with the terms of a permission granted under paragraph (2) to the operator.

PART 5 — Crew required to be carried

Required flight crew of aircraft

36

An aircraft must not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.

Flight crew required by aircraft registered in the Isle of Man

37

(1) This article applies to an aircraft registered in the Isle of Man flying on any flight.

(2) An aircraft to which this article applies must carry a flight crew adequate in number and description to ensure the safety of the aircraft.

(3) An aircraft—

(a) that has a flight manual, must carry a flight crew of at least the number and description specified in that flight manual;

(b) that does not now have a flight manual but has done in the past, must carry a flight crew of at least the number and description specified in that flight manual.

(4) An aircraft that is required by article 34 to be equipped with radio communication equipment must carry a flight radiotelephony operator as a member of the flight crew.

Power to direct additional crew to be carried

38

The Department may, in the interests of safety, direct the operator of any aircraft registered in the Isle of Man that all or any aircraft operated by him or her, when flying in circumstances specified in the direction, must carry, in addition to the crew required to be carried by this Part, such additional persons as members of the flight crew or the cabin crew as it may specify in the direction.

PART 6 — Flight Crew licensing – requirement for licence

Requirement for appropriate licence to act as member of flight crew of aircraft registered in Isle of Man

39

(1) Subject to the exceptions set out in Part 2 of Schedule 6, a person must not act as a member of the flight crew of an aircraft registered in the Isle of Man without holding an appropriate licence rendered valid under this Order.

(2) An appropriate licence for the purposes of this Part means a licence which entitles the holder to perform the functions being undertaken in relation to the aircraft concerned on the particular flight.

Requirement for appropriate licence to act as member of flight crew of aircraft registered elsewhere than in the Isle of Man

40

A person must not act as a member of the flight crew that must by or under this Order be carried in an aircraft registered in a country other than the Isle of Man unless—

(a) in the case of an aircraft flying for the purpose of commercial air transport or aerial work, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or

(b) in the case of an aircraft on a private flight, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Department does not give a direction to the contrary.

Permission required where licence does not meet relevant minimum standards

41

(1) This article applies to a licence endorsed to the effect that its holder does not satisfy in full the relevant minimum standards established under the Chicago Convention.

(2) The holder of such a licence that has been rendered valid under this Order must not act as a member of the flight crew of an aircraft registered in the Isle of Man in or over the territory of a Contracting State, except in accordance with a permission granted by the competent authority of that State.

(3) The holder of a licence that has been granted or rendered valid under the law of a Contracting State must not act as a member of the flight crew of an aircraft in or over the Isle of Man except in accordance with a permission granted by the Department, whether or not the licence is rendered valid under this Order.

PART 7 — Flight crew licensing – validation of licences and maintenance of privileges

Validation of licences

42

(1) The Department may, subject to such conditions as it thinks fit, issue a certificate of validation rendering valid for the purposes of this Order a flight crew licence of a category specified in Part 1 of Schedule 6 granted under the law of any country.

(2) The applicant must furnish such evidence and undergo or produce current certification in respect of such examinations and tests (including in particular medical examinations) and undertake such courses of training as the Department may require for the purpose of a validation under this article.

(3) Subject to article 144, a certificate of validation under this article—

(a) remains in force, if a period is indicated in it, for that period and may be re-validated by the Department from time to time upon such terms and subject to the satisfaction of such requirements as it thinks fit; or

(b) if no period is indicated in the certificate, remain in force for the lifetime of the holder.

(4) The Department may by a certificate of validation under this article render valid a rating or qualification in a licence, subject to such conditions as it thinks fit, upon being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating or qualification relates, and such rating or qualification is to be taken to form part of the licence.

Requirement for a medical certificate

43

(1) This article applies to a licence rendered valid under article 42, other than a United Kingdom National Private Pilot’s Licence (Aeroplanes) or a Flight Radiotelephony Operator’s Licence.

(2) The holder of a licence to which this article applies is not entitled to perform any of the functions to which the licence relates unless the licence includes a valid medical certificate.

(3) A medical certificate forms part of the licence.

Licence holder not to act a member of flight crew when unfit

44

A person must not act as a member of the flight crew of an aircraft registered in the Isle of Man if the person knows or suspects that his or her physical or mental condition renders him or her temporarily or permanently unfit to perform such functions or to act in such capacity.

Instruction in flying

45

(1) This article applies to instruction in flying given to a person flying or about to fly a flying machine or glider for the purpose of becoming qualified for—

(a) the grant of a pilot’s licence; or

(b) the inclusion or variation of a rating or qualification in a pilot’s licence.

(2) A person must not give any instruction in flying to which this article applies unless—

(a) he or she holds a licence, which is granted or otherwise valid by virtue of this Order, entitling the person to act as the pilot in command of the aircraft for the purpose in paragraph (1) and in the circumstances under which the instruction is to be given; and

(b) the licence includes an instructor’s rating entitling the holder to give the instruction.

PART 8 — Duties of commander

Pre-flight action by commander of aircraft

46

(1) This article applies to the commander of any aircraft.

(2) A commander must, before taking off on a private flight, an aerial work flight or a commercial air transport flight, take all reasonable steps so as to be satisfied of the matters specified in paragraph (3).

(3) Those matters are that —

(a) the flight can safely be made, taking into account the latest information available as to the route and aerodrome to be used, the weather reports and forecasts available and any alternative course of action that can be adopted in case the flight cannot be completed as planned;

(b) either —

(i) the equipment that must by or under this Order be carried in the circumstances of the intended flight is carried and is in a fit condition for use; or

(ii) the flight may commence under and in accordance with the terms of a permission granted to the operator under article 35(2);

(d) the load carried by the aircraft is of such mass, and is so distributed and secured, that it may safely be carried on the intended flight;

(e) in the case of a flying machine or airship —

(i) sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies; and

(ii) in the case of a commercial air transport flight, the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;

(f) in the case of an airship or balloon, sufficient ballast is carried for the intended flight;

(g) any pre-flight check system established by the operator and set out in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft; and

(h) in the case of a balloon, the balloon will be able to land clear of any congested area.

Commander to be satisfied that flight can be safely completed

47

The commander of a flying machine must, before take-off, take all reasonable steps so as to be satisfied that it is capable of safely taking off, reaching and maintaining a safe height and making a safe landing at the place of intended destination having regard to —

(a) the performance of the flying machine in the conditions to be expected on the intended flight; and

(b) any obstructions at the places of departure and intended destination and on the intended route.

Passenger briefing by commander

48

(1) The commander of an aircraft registered in the Isle of Man must take all reasonable steps to ensure that before take-off on a flight, all passengers are made familiar with the position and method of use of—

(a) emergency exits;

(b) safety belts (with diagonal shoulder strap where required to be carried);

(d) oxygen equipment, lifejackets and the floor path lighting system (where required to be carried); and

(e) all other devices required by or under this Order and intended for use by passengers individually in the case of an emergency occurring to the aircraft.

(2) The commander of an aircraft registered in the Isle of Man must also take all reasonable steps to ensure that in an emergency during a flight, all passengers are instructed in the emergency action that they should take.

Commander to ensure demonstration of lifejackets

49

(1) This article applies to a flight for the transport of passengers by an aircraft registered in the Isle of Man.

(2) Subject to paragraph (5), in the case of a flight in an aircraft that is not a seaplane and on which it is intended to reach a point more than 30 minutes flying time from the nearest land, the commander must take all reasonable steps to ensure that before take-off all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers.

(3) Subject to paragraph (5) and if the circumstances described in paragraph (4) apply, in the case of an aircraft that is not a seaplane, the commander must take all reasonable steps to ensure that before take-off all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers.

(4) The circumstances referred to in paragraph (3) are that—

(a) it is intended to proceed beyond gliding distance from land; or

(b) in the event of an emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the aircraft would be forced to land onto water.

(5) If the requirement to give a demonstration required by paragraph (2) or (3) arises only because it is reasonably possible that the aircraft would be forced to land onto water at one or more of the likely alternate destinations the demonstration need not be given until after the decision has been taken to divert to such a destination.

(6) In the case of an aircraft that is a seaplane, the commander must take all reasonable steps to ensure that before take-off all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers.

(7) In this article, flying time is calculated by reference to the speed specified in the relevant certificate of airworthiness or flight manual as the speed for compliance with regulations governing flights over water while flying in still air.

Commander to ensure crew, passengers, and baggage secure

50

(1) This article applies to a flight for the transport of passengers by an aircraft registered in the Isle of Man.

(2) Before the aircraft takes off and before it lands, the commander must take all reasonable steps to ensure that —

(a) the crew of the aircraft are properly secured in their seats; and

(b) any cabin crew are properly secured in seats that are in a passenger compartment and that are so situated that the cabin crew can readily assist passengers.

(3) During the period and in the circumstances described in paragraph (4), the commander must take all reasonable steps to ensure that—

(a) all passengers of two years of age or more are properly secured in their seats by safety belts (with diagonal shoulder strap, if required to be carried) or safety harnesses;

(b) all passengers under the age of two years are properly secured by means of a child restraint device; and

(i) those items of baggage in the passenger compartment that the commander reasonably considers ought by virtue of their size, weight or nature to be properly secured are properly secured; and

(ii) in the case of an aircraft capable of seating more than 30 passengers, such baggage is either stowed in the passenger compartment stowage spaces approved by the Department for the purpose or carried in accordance with the terms of a permission granted by the Department.

(4) The period and circumstances referred to in paragraph (3) are —

(a) after the embarkation of its passengers for the purpose of taking off, from the moment when the aircraft first moves until after it has taken off;

(b) before it lands, until it comes to rest for the purpose of the disembarkation of its passengers; and

(c) whenever, by reason of turbulent air or an emergency occurring during the flight, the commander considers it necessary to take the steps specified in paragraph (3).

Commander to ensure demonstration of use of oxygen

51

(1) Subject to paragraph (2), this article applies to an aircraft registered in the Isle of Man.

(2) This article does not apply in a case where a pressure greater than 700 hectopascals is maintained in all passenger and crew compartments throughout the flight.

(3) The commander of an aircraft to which this article applies must take all reasonable steps to ensure that—

(a) before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 32 and Schedule 3 is demonstrated to all passengers;

(b) when flying above flight level 130 all passengers are recommended to use oxygen;

(c) during any period when the aircraft is flying above flight level 100 up to and including flight level 130, oxygen is used by all the flight crew of the aircraft for that part of the flight at those altitudes that is of more than 30 minutes duration; and

(d) during any period when the aircraft is flying above flight level 130 oxygen is used by all the flight crew of the aircraft.

Pilot to remain at controls and be secured in seat

52

(1) This article applies to a flying machine or glider registered in the Isle of Man.

(2) The commander of an aircraft to which this article applies must cause one pilot to remain at the controls at all times while it is in flight.

(3) If the aircraft is required by or under this Order to carry two pilots, the commander must cause both pilots to remain at the controls during take-off and landing.

(4) Subject to paragraph (5), each pilot at the controls of the aircraft must be secured in his or her seat by either a safety belt with or without one diagonal shoulder strap, or a safety harness.

(5) During take-off and landing a safety harness must be worn if it is required by article 32 and Schedule 3 to be provided.

(6) An operator must not permit a helicopter rotor to be turned under power for the purpose of making a flight unless there is a person at the controls who is entitled in accordance with article 39 to act as pilot in command of the helicopter.

PART 9 — Loading of aircraft

Commander’s duty concerning the loading of aircraft

53

(1) This Part applies to an aircraft registered in the Isle of Man that is being loaded for a flight.

(2) The commander must not cause or permit it to be loaded except in accordance with this Part.

(3) In this Part, loading includes the suspension of a load from the aircraft.

Requirement to load in accordance with loading instructions

54

(1) An aircraft to which this Part applies may only be loaded using instructions as to the distribution and securing of the load (in this Part called “the loading instructions”) that—

(a) conform with paragraph (3); and

(b) subject to article 56, conform with paragraph (4).

(2) The commander must not cause or permit the aircraft to be loaded in contravention of the loading instructions.

(3) Loading instructions conform with this paragraph if—

(a) they are given in writing or in a form in which their contents can subsequently be rendered legible;

(b) they ensure the load may safely be carried on the flight; and

(c) they ensure any conditions of the certificate of airworthiness or flight manual for the aircraft relating to the loading of the aircraft are complied with.

(4) Loading instructions conform with this paragraph if they—

(a) indicate the additional items included in the mass of the aircraft prepared for service;

(b) show the position of the centre of gravity of the aircraft at that mass; and

(5) In sub-paragraph (4)(c), the mass of the aircraft prepared for service means the aggregate of the mass of the aircraft, shown in the mass schedule referred to in article 30, and the mass of such additional items in or on the aircraft as the commander thinks fit to include.

Carriage of baggage

55

(1) Subject to paragraph (2), the commander of an aircraft registered in the Isle of Man must not cause or permit baggage to be carried in the passenger compartment of the aircraft unless—

(a) the baggage can be properly secured; and

(b) in the case of an aircraft capable of seating more than 30 passengers, the amount of baggage does not exceed the capacity of the spaces in the passenger compartment approved by the Department for the purpose of stowing baggage.

(2) Paragraph (1)(b)does not apply to baggage carried in accordance with a permission issued under article 50(3)(c)(ii).

Exceptions

56

The loading instructions need not conform with article 54(4) if—

(a) the aircraft’s maximum total mass authorised is not more than 1150kg;

(b) the aircraft’s maximum total mass authorised is not more than 2730kg and the flight is intended not to exceed 60 minutes in duration and is either—

(i) a flight solely for training persons to perform duties in an aircraft; or

(ii) a flight intended to begin and end at the same aerodrome; or

(c) the aircraft is a helicopter that has a maximum total mass authorised of not more than 3000kg, and a total seating capacity of not more than five persons.

PART 10 — Aerodrome Operating Minima

Aerial work and private aircraft – aerodrome operating minima

57

(1) This article applies to an aircraft—

(a) registered in the Isle of Man and which has a maximum total mass authorised exceeding 5,700kg;

(b) registered in the Isle of Man and which is equipped with one or more turbojet engines;

(c) registered in the Isle of Man and which has a maximum approved passenger seating configuration of more than 9 seats, or

(d) registered elsewhere and which is being operated in the Isle of Man for commercial air transport.

(2) The operator of an aircraft must not permit the aircraft to fly in or over the Isle of Man unless the operator has made available to its flight crew aerodrome operating minima that comply with paragraph (3) in respect of each aerodrome at or from which it is intended the aircraft should land or take off and each alternate aerodrome at or from which the aircraft may be required to land at or take off.

(3) The aerodrome operating minima to be provided in accordance with paragraph (2) must be no less restrictive than—

(a) minima calculated in accordance with the notified method for calculating aerodrome operating minima; or

(b) minima that comply with the law of the jurisdiction in which the aircraft is registered,

being whichever minima are the more restrictive.

(4) The pilot in command of an aircraft must not—

(a) conduct a Category II, Category IIIA or Category IIIB approach or landing; or

(b) take off when the relevant runway visual range is less than 400 metres,

except in accordance with the terms of any approval to do so granted under the law of the country in which the aircraft is registered.

(5) In the case of an aircraft registered in the Isle of Man, the approval referred to in paragraph (4) must be an approval which has been issued by the Department.

(6) The pilot in command of an aircraft must not cause the aircraft to take off from or to land at an aerodrome in the Isle of Man in contravention of the specified aerodrome operating minima.

(7) Without prejudice to paragraphs (4) and (6), the pilot in command of an aircraft when causing the aircraft to descend at an aerodrome to a runway for which there is a notified instrument approach, must not cause the aircraft to descend from a height of 1,000 feet or more above the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.

(8) Without prejudice to paragraphs (4) and (6), the pilot in command of an aircraft, when causing the aircraft to descend to a runway for which there is a notified instrument approach, must not—

(a) continue an approach to landing on the runway by flying below the relevant specified decision height; or

(b) cause the aircraft to descend below the relevant specified minimum descent height,

unless, in either case, the specified visual reference for landing is established and maintained from that height.

(9) The pilot in command of an aircraft must select a take-off alternate aerodrome and specify it in the flight plan if—

(a) the meteorological conditions at the aerodrome of intended departure are below the applicable aerodrome landing minima for that operation; or

(b) it would not be possible to return to that aerodrome for any other reason.

(10) The pilot in command of an aircraft must select the take-off alternate aerodrome so that any available information indicates that at the estimated time of use the conditions will be at or above the applicable aerodrome operating minima for that use and be located—

(a) in the case of an aircraft with two engines – within one hour of flight time at a one-engine inoperative cruising speed, determined from the aircraft operating manual, calculated in international standard atmospheres and still air conditions using the actual take-off mass; or

(b) in the case of an aircraft with three or more engines – within two hours of flight time at an all engines operating cruising speed, determined from the aircraft operating manual, calculated in international standard atmospheres and still air conditions using the actual take-off mass.

(11) If, according to any available information, an aircraft would be required ... to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot in command of the aircraft must select an alternate aerodrome before take-off unless no aerodrome suitable for that purpose is available.

(12) The pilot in command of an aircraft must not commence a flight to be conducted in accordance with the Instrument Flight Rules to an aerodrome where no suitable alternate aerodrome is available unless—

(a) a designated instrument approach procedure is available for the aerodrome of intended landing; and

(b) available current meteorological information indicates that visual meteorological conditions will exist at the aerodrome of intended landing from two hours before to two hours after the estimated time of arrival.

(13) The pilot in command of an aircraft must not continue a flight towards the aerodrome of intended landing unless the latest available information indicates that conditions at the aerodrome, or at least one alternate aerodrome, will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.

(14) In this article—

“aircraft” means an aircraft to which this article applies;

“specified”, in respect of an aerodrome operating minima, means such detailed information about an aerodrome’s operating minima as have been notified for the aerodrome or, if the relevant minima have not been notified, such minima as are ascertainable by reference to the notified method for calculating an aerodrome’s operating minima;

“designated”, in respect of an instrument approach procedure, means notified, prescribed or otherwise designated by the relevant competent authority.

Survival equipment

58

(1) This article applies to an aircraft to which article 57 does not apply—

(a) that is registered in the Isle of Man; or

(b) that is being operated in the Isle of Man.

(2) The pilot in command of an aircraft must not —

(a) conduct a Category II, Category IIIA or Category IIIB approach or landing, or

(b) take off when the relevant runway visual range is less than 400 metres,

except in accordance with the terms of any approval to do so granted under the law of the jurisdiction in which the aircraft is registered.

(3) In the case of an aircraft registered in the Isle of Man, the approval referred to in paragraph (2) must be an approval which has been issued by the Department.

(4) Without prejudice to paragraph (2), the pilot in command of an aircraft when making a descent at an aerodrome to a runway for which there is a notified instrument approach procedure must not cause the aircraft to descend from a height of 1,000 feet or more above the aerodrome to a height less than 1,000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.

(5) Without prejudice to paragraph (2), the pilot in command of an aircraft when making a descent at an aerodrome to a runway for which there is a notified instrument approach procedure must not—

(a) continue an approach to landing on the runway by flying below the relevant specified decision height, or

(b) descend below the relevant specified minimum descent height,

unless in either case the specified visual reference for landing is established and maintained from that height.

(6) If, according to any available information, an aircraft would be required ... to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot in command of the aircraft must select an alternate aerodrome before take-off unless no aerodrome suitable for that purpose is available.

(7) In this article—

“aircraft” means an aircraft to which this article applies;

“specified”, in respect of an aerodrome operating minima, means such detailed information about an aerodrome’s operating minima as have been notified for the aerodrome or, if the relevant minima have not been notified, such minima as are ascertainable by reference to the notified method for calculating an aerodrome’s operating minima.

PART 11 — Operations – general provisions

Operation of radio in aircraft

59

(1) A radio station in an aircraft must not be operated, whether or not the aircraft is in flight, except—

(a) in accordance with the conditions of the licence issued for that station under the law of the country in which the aircraft is registered or the State of the operator; and

(b) by a person duly licensed or otherwise permitted to operate the radio station under that law.

(2) Subject to paragraphs (3) and (4), whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communication equipment, a continuous radio watch must be maintained by a member of the flight crew listening to the signals transmitted on the frequency notified or designated for use by the aircraft by a message received from an appropriate aeronautical radio station.

(3) The radio watch may be discontinued or continued on another frequency if a message from an appropriate aeronautical radio station permits this.

(4) The radio watch may be kept by a device installed in the aircraft if—

(a) the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and

(b) that station is notified, or in the case of a station situated in a country other than the Isle of Man, otherwise designated as transmitting a signal suitable for that purpose.

(5) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communication or radio navigation equipment, a member of the flight crew must operate that equipment in such a manner as the appropriate air traffic control unit may instruct or as may be notified in relation to the airspace in which the aircraft is flying.

(6) The radio station in an aircraft must not be operated so as to cause interference that impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions must not be made except—

(a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;

(b) distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;

(c) messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; and

(d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1).

Operation of airborne collision avoidance system

60

On a flight on which an airborne collision avoidance system is required to be carried in an aeroplane by article 34 and Schedule 4, the system must be operated in accordance with procedures that are suitable having regard to the purposes of the equipment.

Training in operation of airborne collision avoidance system

61

(1) Before commencing an ACAS equipped flight, the commander must be satisfied on reasonable grounds that every member of the flight crew has had the training specified in paragraph (3).

(2) A person must not act as a member of the flight crew on an ACAS equipped flight in an aeroplane unless the person has had the training specified in paragraph (3).

(3) The training referred to in paragraphs (1) and (2) is—

(a) suitable training in the operation of the airborne collision avoidance system in the aeroplane; and

(b) suitable training in the use of the procedures referred to in article 60.

(4) In this article “an ACAS equipped flight” means a flight on which an airborne collision avoidance system is required to be carried by article 34 and Schedule 4.

Method of carriage of persons

62

(1) A person must not—

(a) subject to paragraph (2), be in or on any part of an aircraft in flight that is not a part designed for the accommodation of persons and in particular a person must not be on the wings or undercarriage of an aircraft;

(b) be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight.

(2) A person may have temporary access to—

(a) a part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods in the aircraft; and

(b) a part of an aircraft in which cargo or stores are carried, which part is designed to enable a person to have access to it while the aircraft is in flight.

Marking of break-in areas

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Flights over a foreign country

64

(1) The operator and the commander of an aircraft registered in the Isle of Man (or, if the operator’s principal place of business or permanent residence is in the Isle of Man, any other aircraft) that is being flown over a foreign country, must not allow the aircraft to be used for a purpose that is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

(2) A person does not contravene paragraph (1) if the person neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in the paragraph.

(3) Subject to paragraph (4), the operator and the commander of an aircraft registered in the Isle of Man (or, if the operator’s principal place of business or permanent residence is in the Isle of Man, any other aircraft) that is being flown over a foreign country must comply with any directions given by the appropriate aeronautical authorities of the country whenever—

(a) the flight has not been duly authorised; or

(b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, the country.

(4) A direction under paragraph (3) need not be complied with if to do so would endanger the lives of persons on board or the safety of the aircraft.

(5) A person does not contravene paragraph (3) if the person neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.

(6) The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.

(7) In this article “appropriate aeronautical authorities” includes a person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

65

(1) An aircraft registered in the Isle of Man must not fly in North Atlantic Minimum Navigation Performance Specification airspace unless it is equipped with navigation systems that enable the aircraft to maintain the prescribed navigation performance capability.

(2) The equipment required by paragraph (1) must—

(a) be approved by the Department;

(b) be installed in a manner approved by the Department;

(d) while the aircraft is flying in that airspace, be operated in accordance with procedures approved by the Department.

Height keeping performance – aircraft registered in the Isle of Man

66

(1) Unless otherwise authorised by the appropriate air traffic control unit, an aircraft registered in the Isle of Man must not fly in Reduced Vertical Separation Minimum airspace unless it is equipped with height keeping systems that enable the aircraft to maintain the required height keeping performance capability.

(2) The equipment required by paragraph (1) must—

(a) be approved by the Department;

(b) be installed in a manner approved by the Department;

(d) while the aircraft is flying in that airspace, be operated in accordance with procedures approved by the Department.

67

(1) Subject to paragraph (3) an aircraft registered in the Isle of Man must not fly in Required Navigation Performance airspace unless it is equipped with area navigation equipment that enables the aircraft to maintain the navigation performance capability notified, prescribed or otherwise designated for that airspace.

(2) The equipment required by paragraph (1) must—

(a) be approved by the Department;

(b) be installed in a manner approved by the Department;

(d) while the aircraft is flying in that airspace, be operated in accordance with procedures approved by the Department.

(3) An aircraft need not comply with the requirements of this article if—

(a) the appropriate air traffic control unit, having been made aware of the lack of compliance, authorises the flight; and

(b) the aircraft complies with any instructions the air traffic control unit may give.

PART 13 — Dangerous goods, weapons and munitions of war

Carriage of dangerous goods

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Carriage of weapons and of munitions of war – requirement for permission and for commander to be informed

69

(1) Subject to article 71, an aircraft must not carry any munition of war unless—

(a) the munition of war is carried with the permission of the Department; and

(b) the commander of the aircraft is informed in writing by the operator before the flight commences of the type, mass or quantity and location of any munition of war on board or suspended beneath the aircraft and any conditions of the permission of the Department.

(2) Subject to article 71, it is unlawful for an aircraft to carry any sporting weapon or munition of war in any compartment or apparatus to which passengers have access.

Prohibition on carrying on board sporting weapons or munitions of war

70

(1) Subject to article 71, it is unlawful for a person to carry or have in his or her possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage on an aircraft any sporting weapon or munition of war unless the provisions of paragraph (2) are complied with.

(2) The provisions referred to in paragraph (1) are that—

(a) the sporting weapon or munition of war—

(i) is either part of the baggage of a passenger on the aircraft or consigned as cargo;

(ii) is carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers; and

(iii) in the case of a firearm, is unloaded;

(b) information about the sporting weapon or munition of war has been supplied by that passenger or by the consignor to the operator before the flight commences; and

Exceptions concerning carriage of weapons and munitions of war

71

Nothing in this Part applies to any sporting weapon or munition of war taken or carried on board an aircraft registered in a country other than the Isle of Man if the sporting weapon or munition of war may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

Definitions

72

In this Part—

(a) “munition of war” means—

(i) any weapon or ammunition;

(ii) any article containing an explosive, noxious liquid or gas; or

(iii) any other thing,

that is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article;

(b) “sporting weapon” means—

(i) any weapon or ammunition;

(ii) any article containing an explosive, noxious liquid or gas; or

(iii) any other thing, including parts, whether components or accessories, for such weapon, ammunition or article,

that is not a munition of war.

PART 14 — Prohibited behaviour

Endangering safety of an aircraft

73

A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or a person in an aircraft.

Endangering safety of any person or property

74

A person must not recklessly or negligently cause or permit an aircraft to endanger a person or any property.

Drunkenness in aircraft

75

(1) A person must not enter an aircraft when drunk, or be drunk in an aircraft.

(2) A person must not, when acting as a member of the crew of an aircraft or being carried in an aircraft for the purpose of acting as a member of its crew, be under the influence of drink or a drug to such an extent as to impair his or her capacity so to act.

Smoking in aircraft

76

(1) Notices indicating when smoking is prohibited must be exhibited in an aircraft registered in the Isle of Man so as to be visible from each passenger seat.

(2) A person must not smoke in any compartment of an aircraft registered in the Isle of Man at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.

Authority of commander of an aircraft

77

A person in an aircraft must obey all lawful commands that the commander of the aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried in the aircraft, or the safety, efficiency or regularity of air navigation.

Acting in a disruptive manner

78

A person must not while in an aircraft—

(a) use threatening, abusive or insulting words towards a member of the crew of the aircraft;

(b) behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or

Stowaways

79

A person must not secrete himself or herself for the purpose of being carried in an aircraft without the consent of the operator or the commander or of any other person entitled to give consent to the person being carried in the aircraft.

PART 15 — Fatigue of crew and protection of crew from cosmic radiation

Application and interpretation of Part 15

80

In this Part—

(a) “flight time” means all time spent by a person as a member of the crew in—

(i) a civil aircraft whether or not registered in the Isle of Man (other than such an aircraft that has a maximum total mass authorised of not more than 1600kg and that is not flying for the purpose of commercial air transport, public transport or aerial work); or

(ii) a military aircraft (other than a military aircraft that has a maximum total mass authorised of not more than 1600kg and that is flying on a military air experience flight),

while it is in flight;

(b) “day” means a continuous period of 24 hours beginning at midnight Co-ordinated Universal Time;

(c) a helicopter is deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped; and

(d) a military air experience flight is a flight by a military aircraft operated under the auspices of the Royal Air Force Air Cadet Organisation for the purpose of providing air experience to its cadets.

Fatigue of crew – responsibilities of crew

81

(1) A person must not act as a member of the crew of an aircraft registered in the Isle of Man if the person know or suspect that he or she is suffering from or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants.

(2) A person must not act as a member of the flight crew of an aircraft to which this article applies without first ensuring that the operator of the aircraft is aware of the person’s flight times during the period of 28 days preceding the flight.

Flight times – responsibilities of flight crew

82

(1) Subject to paragraphs (2) and (3), a person must not act as a member of the flight crew of an aircraft registered in the Isle of Man if, at the beginning of the flight, the aggregate of all that person’s previous flight times—

(a) during the period of 28 consecutive days expiring at the end of the day on which the flight begins exceeds 100 hours; or

(b) during the period of twelve months expiring at the end of the previous month exceeds 900 hours.

(2) This article does not apply to a flight that is a private flight in an aircraft that has a maximum total mass authorised of not more than 1600 kg.

(3) A person may act as a member of the flight crew on a private or aerial work flight where the operator does not hold a national air operator’s certificate if, at the time when the flight begins, the aggregate of all the flight times of the member of the flight crew concerned since last being medically examined and found fit is not more than 25 hours.

Protection of air crew from cosmic radiation

83

(1) A relevant undertaking must take appropriate measures to —

(a) assess the exposure to cosmic radiation when in flight of those air crew who are liable to be subject to cosmic radiation in excess of 1 milliSievert per year;

(b) take into account the assessed exposure when organising work schedules with a view to reducing the doses of highly exposed air crew; and

(2) A relevant undertaking must ensure that in relation to a pregnant air crew member, the conditions of exposure to cosmic radiation when she is in flight are such that the equivalent dose to the foetus will be as low as reasonably achievable and is unlikely to exceed 1 milliSievert during the remainder of the pregnancy.

(3) Nothing in paragraph (2) requires the undertaking concerned to take any action in relation to an air crew member until she has notified the undertaking in writing that she is pregnant.

(4) The definition in article 167 of “crew” does not apply for the purposes of this article.

(5) In this article—

(a) “air crew” has the same meaning as in article 42 of Council Directive 96/29/Euratom of 13th May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation[^f00008];

(b) “undertaking” includes a natural or legal person and “relevant undertaking” means an undertaking established in the Isle of Man that operates aircraft;

(c) “highly exposed air crew” and “milliSievert” have the same respective meanings as in article 42 of Council Directive 96/29/Euratom; and

(d) “year” means any period of twelve months.

PART 16 — Documents and records

Documents to be carried

84

(1) Subject to paragraph (2), an aircraft registered in the Isle of Man must, when in flight, carry documents in accordance with Schedule 7.

(2) If a flight is intended to begin and end at the same aerodrome and does not include passage over the territory of a country other than the Isle of Man, the documents may be kept at the aerodrome instead of being carried in the aircraft.

Keeping and production of records of exposure to cosmic radiation

85

(1) A relevant undertaking must keep a record for the period and in the manner prescribed of the exposure to cosmic radiation of air crew assessed under article 83 and the names of the air crew concerned.

(2) A relevant undertaking must, within a reasonable period after being requested to do so by an authorised person, cause to be produced to the person the record required to be kept under paragraph (1).

(3) A relevant undertaking must, within a reasonable period after being requested to do so by a person for whom a record is required to be kept under paragraph (1), supply a copy of that record to the person.

(4) In this article “air crew” and “undertaking” have the same meaning as in article 83(5).

Use of flight recording systems

86

(1) On a flight on which a flight data recorder, a cockpit voice recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 4(3), (4), or (5) of the Table in Schedule 3 to be carried in an aeroplane, the recorder must always be in use from the beginning of the take-off run to the end of the landing run.

(2) On a flight on which a cockpit voice recorder, a flight data recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 4(12) of the Table in Schedule 3 to be carried in a helicopter, the recorder must always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped.

Preservation of records of aeroplane flight data recorder

87

(1) Subject to article 90, the operator of an aeroplane must at all times—

(a) preserve the last 25 hours of recording made by a flight data recorder that must by or under this Order be carried in an aeroplane; and

(b) preserve a record of at least one representative flight made within the last 12 months.

(2) The representative flight referred to in paragraph (1)(b) must include a take-off, climb, cruise, descent, approach to landing and landing.

(3) The record required by paragraph (1)(b) must include a means of identifying the flight to which it relates.

(4) The operator of an aeroplane must preserve the records required by this article for such period as the Department may direct.

Production of documents and records

88

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The Air Navigation (Isle of Man) Order 2015

Citation and commencement

1

Revocation

2

PART 1 — Registration and marking of aircraft

Aircraft to be registered

3

Department to register aircraft in the Isle of Man

4

Who may register aircraft in the Isle of Man

5

Application for registration

6

Changes to the register

7

Aircraft that are entered in the Register of Aircraft Mortgages

8

General provisions concerning registration

9

Nationality and registration marks

10

PART 2 — Operations and operational directives

Prohibition of use for commercial air transport or aerial work

11

Offering commercial air transport flights

12

Operational directives

13

Passenger and cargo manifest

14

PART 3 — Airworthiness of aircraft

Certificate of airworthiness to be in force

15

Issue and renewal of certificates of airworthiness

16

Certificate of airworthiness ceasing to be in force and issue of airworthiness directives

17

Issue of national permits to fly

18

National permits to fly ceasing to be in force and issue of airworthiness directives for permit aircraft

19

Limitations of national permits to fly

20

Issue and validity of certificates of validation of permits to fly or equivalent documents

21

Requirement for an approved maintenance programme

22

Technical log

23

Requirement for a certificate of release to service for aircraft

24

Circumstances where a certificate of release to service is not required

25

Contents of a certificate of release to service

26

Who may issue a certificate of release to service

27

Validation of maintenance engineers’ licences etc.

28

Aircraft, engine and propeller log books

29

Aircraft mass schedule

30

Access and inspection for airworthiness purposes

31

PART 4 — Equipment of aircraft

Equipment of aircraft

32

Carriage and use of equipment

33

Radio communication and radio navigation equipment of aircraft

34

Minimum equipment requirements

35

PART 5 — Crew required to be carried

Required flight crew of aircraft

36

Flight crew required by aircraft registered in the Isle of Man

37