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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

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

(1) The operator of an aircraft registered in the Isle of Man must, within a reasonable time after being requested to do so by an authorised person, cause to be produced to the person any of the documents or records specified in paragraph (2) that have been requested by the person.

(2) The documents and records are—

(a) the documents referred to in Schedule 7 as Documents A, B, D, G and H;

(b) the aircraft log book, engine log books and variable pitch propeller log books required under this Order to be kept;

(d) the record made by a flight data recorder required to be carried by or under this Order.

(3) The holder of a licence granted or rendered valid under this Order or of a medical certificate required under article 43(2) must, within a reasonable time after being requested to do so by an authorised person, cause the licence to be produced to the person.

Power to inspect and copy documents and records

89

An authorised person may inspect and copy any certificate, licence, log book, document or record that the person has the power to require to be produced under this Order.

Preservation of documents, etc.

90

(1) A person who is required by this Order to preserve a document or record by reason of being the operator of an aircraft is in this article called “the first operator”.

(2) Subject to paragraph (3), if the first operator ceases to be the operator of an aircraft that operator must continue to preserve the document or record until paragraph (4) has been complied with.

(3) If the first operator dies the duty to preserve the document or record falls on the first operator’s personal representative.

(4) If another person becomes the operator of the aircraft, the first operator or the first operator’s personal representative must deliver to that other person on demand—

(a) the certificates of maintenance review and release to service;

(b) the log books;

(d) any record made by a flight data recorder and preserved in accordance with article 87,

that is in force or required to be preserved for the aircraft.

(5) If an engine or variable pitch propeller is removed from an aircraft and installed in another aircraft operated by another person, the first operator of the aircraft or the first operator’s personal representative must deliver to that other person on demand the log book relating to the engine or propeller.

(6) It is the duty of the other person referred to in paragraphs (4) and (5) to deal with the documents or records delivered under those provisions as if the person were the first operator.

PART 17 — Aircraft in flight

Rules of the Air

91

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Power to prohibit or restrict flying

92

(1) If the Department decides that it is necessary in the public interest to restrict or prohibit flying by reason of—

(a) the intended gathering or movement of a large number of persons;

(b) the intended holding of an aircraft race or contest or of a flying display; or

the Department may make regulations prohibiting, restricting or imposing conditions on flights by aircraft specified in paragraph (2) flying in the circumstances specified in paragraph (2).

(2) The aircraft and circumstances are—

(a) aircraft, whether or not they are registered in the Isle of Man, in airspace over the Isle of Man or in the neighbourhood of an offshore installation; and

(b) aircraft that are registered in the Isle of Man, in any other airspace, being airspace for which the Isle of Man has, under international arrangements, undertaken to provide navigation services for aircraft.

(3) Regulations made under this article may apply either generally or in relation to any class of aircraft.

(4) It is an offence to contravene, permit the contravention of or fail to comply with regulations made under this article.

(5) If the commander of an aircraft becomes aware that the aircraft is flying in contravention of any regulations that have been made for a reason referred to in paragraph (1)(c), the commander must, unless otherwise instructed under paragraph (6), cause the aircraft to leave the area to which the regulations relate by flying to the least possible extent over the area and the aircraft must not begin to descend while over such an area.

(6) The commander of an aircraft flying either within an area for which regulations have been made for a reason referred to in paragraph (1)(c) or within airspace notified as a Danger Area must immediately comply with instructions given by radio by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.

Flying displays

93

(1) Subject to paragraphs (15), (16) and (18), a person may not act as the organiser of a flying display (in this article referred to as “the flying display director”) without first obtaining the permission of the Department for the flying display.

(2) Subject to paragraphs (16) and (18), the commander of an aircraft who is intending to participate in a flying display must take all reasonable steps to be satisfied, before participating, that —

(a) the flying display director has been granted an appropriate permission under paragraph (6);

(b) the intended flight can comply with any relevant conditions subject to which that permission may have been granted; and

(3) Subject to paragraphs (16) and (18), the commander of an aircraft who is participating in a flying display for which a permission has been granted must comply with any conditions subject to which that permission may have been granted.

(4) Subject to paragraphs (16) and (18), the pilot of an aircraft participating in a flying display must hold an appropriate pilot display authorisation and comply with any conditions subject to which the authorisation may have been given.

(5) Subject to paragraphs (16) and (18), the flying display director must not permit a person to act as pilot of an aircraft that participates in a flying display unless the person holds an appropriate pilot display authorisation.

(6) The Department must grant a permission required by paragraph (1) if it is satisfied that the applicant is fit and competent to organise safely the proposed flying display, having regard in particular to the applicant’s —

(a) previous conduct and experience; and

(b) organisation, staffing and other arrangements.

(7) The Department may grant such a permission subject to such conditions, which may include conditions concerning military aircraft, as the Department thinks fit.

(8) The Department must, for the purposes of this article, grant a pilot display authorisation authorising the holder to act as pilot of an aircraft taking part in a flying display if it is satisfied that the applicant is—

(a) a fit person to hold the authorisation; and

(b) qualified by having the knowledge, experience, competence, skill and physical and mental fitness to fly in accordance with the authorisation.

(9) For the purposes of paragraph (8) the applicant must supply such evidence and undergo such examinations and tests as the Department may require.

(10) The Department may authorise a person to conduct such examinations or tests for the purposes of this article as it may specify.

(11) Subject to article 144, a pilot display authorisation granted in accordance with this article remains in force for the period indicated in it.

(12) Subject to paragraph (13), for the purposes of this article, an appropriate pilot display authorisation means an authorisation that is valid and appropriate to the intended flight and that has been—

(a) granted by the Department under paragraph (8); or

(b) granted by the competent authority of a JAA Full Member State.

(13) A pilot display authorisation granted by the competent authority of a JAA Full Member State is not an appropriate pilot display authorisation for the purposes of this article if the Department has given a direction to that effect.

(14) A direction may be issued under paragraph (13) either for a particular authorisation, a specified category of authorisation or generally.

(15) Paragraph (1) does not apply to—

(a) a flying display that takes place at an aerodrome in the occupation of the Ministry of Defence or of a visiting force or any other premises in the occupation or under the control of the Ministry of Defence; or

(b) a flying display at which the only participating aircraft are military aircraft.

(16) Paragraphs (1). (2), (3), (4) and (5) do not apply to a flying display at which the only participating aircraft are balloons.

(17) Subject to paragraph (18), the flying display director must not permit military aircraft to participate in a flying display unless the director complies with any conditions concerning military aircraft subject to which the permission for the flying display may have been granted.

(18) Nothing in this article applies to an aircraft race or contest or to an aircraft taking part in an aircraft race or contest or to the commander or pilot whether or not the race or contest is held in association with a flying display.

Balloons

94

(1) This article applies to and in relation to balloons within the Isle of Man.

(2) A balloon in captive or tethered flight must not be flown within 60 metres of a vessel, vehicle or structure except with the permission of the person in charge of the vessel, vehicle or structure.

(3) Except with the permission of the Department—

(a) a balloon in captive flight must not be flown within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of the aerodrome; and

(b) a balloon in captive or tethered flight must not be flown at a height measured to the top of the balloon of more than 60 metres above ground level.

(4) Except with the permission of the Department, an uncontrollable balloon in captive or released flight must not be flown in airspace notified for the purposes of this paragraph.

(5) Except during the day and in Visual Meteorological Conditions, a controllable balloon must not be flown in free controlled flight—

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of the aerodrome.

(6) Except with the permission of the appropriate air traffic control unit, a controllable balloon must not be flown in tethered flight—

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traffic zone of a notified aerodrome.

(7) When in captive flight, a balloon must be securely moored and must not be left unattended unless it is fitted with a device that ensures its automatic deflation if it breaks free of its moorings.

(8) A person must not cause or permit—

(a) a group of small balloons of more than 1000 in number to be simultaneously released at a single site wholly or partly within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of the aerodrome unless that person has given to the Department at least 28 days previous notice in writing of the release;

(b) a group of small balloons of more than 2000 but not more than 10,000 in number to be simultaneously released at a single site—

(i) within airspace notified for the purposes of this sub-paragraph; or

(ii) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of the aerodrome,

except with the permission of the Department; and

(c) a group of small balloons greater than 10,000 in number to be simultaneously released at a single site except with the permission of the Department.

(9) In this article—

(a) “day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level; and

(b) “simultaneously released at a single site” means the release of a specified number of balloons during a period of not more than 15 minutes from within an area not more than 1km square.

Gliders, kites and parascending parachutes

95

(1) This article applies to gliders, kites and parascending parachutes within the Isle of Man.

(2) Except with the permission of the Department—

(a) a glider or parascending parachute must not be launched by winch and cable or by ground tow to a height of more than 60 metres above ground level;

(b) a kite must not be flown at a height of more than 30 metres above ground level within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of the aerodrome;

(d) a parascending parachute must not be launched by winch and cable or by ground tow within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of the aerodrome.

Airships

96

(1) This article applies to airships within the Isle of Man.

(2) An airship with a capacity of more than 3000 cubic metres must not be moored other than on a notified aerodrome except with the permission of the Department.

(3) An airship with a capacity of 3000 cubic metres or less must not be moored within 2 km of a congested area or within the aerodrome traffic zone of a notified aerodrome unless—

(a) it is moored on a notified aerodrome; or

(b) it has the permission of the Department.

(4) An airship when moored in the open must be securely moored and must not be left unattended.

Small unmanned aircraft

97

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Small unmanned surveillance aircraft

98

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Rockets

99

(1) Subject to paragraph (2), this article applies to—

(a) small rockets of which the total impulse of the motor or combination of motors exceeds 160 Newton-seconds; and

(b) large rockets.

(2) This article does not apply to—

(a) an activity to which the Outer Space Act 1986[^f00010] applies; or

(b) a military rocket.

(3) A person may not launch a small rocket unless the conditions in paragraph (4), and any of the conditions in paragraphs (5), (6) and (7) that are applicable, are satisfied.

(4) The person launching the rocket must be satisfied on reasonable grounds that—

(a) the flight can be safely made; and

(b) the airspace within which the flight will take place is, and will throughout the flight remain, clear of any obstructions including any aircraft in flight.

(5) The person launching the rocket on a flight within controlled airspace has obtained the permission of the appropriate air traffic control unit for aircraft flying in that airspace.

(6) The person launching the rocket on a flight within an aerodrome traffic zone of an aerodrome during its notified operating hours—

(a) has obtained the permission of the air traffic control unit at the aerodrome; or

(b) if there is no air traffic control unit, has obtained from the aerodrome flight information service unit at that aerodrome information to enable the flight within the zone to be conducted safely; or

(c) if there is no air traffic control unit and no aerodrome flight information service unit, has obtained information from the air/ground communications service unit at the aerodrome to enable the flight to be conducted safely.

(7) A flight for aerial work purposes must not be carried out except under and in accordance with a permission granted by the Department to the person launching the rocket.

(8) A flight by a large rocket must not be carried out except under and in accordance with a permission granted by the Department to the person launching the rocket.

PART 18 — Air traffic services

Requirement for an air traffic control approval

100

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Duty of person in charge to be satisfied as to competence of controllers

101

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Manual of air traffic services

102

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Provision of air traffic services

103

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Making of an air traffic direction in the interests of safety

104

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Use of radio call signs at aerodromes

105

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Approval of instrument flight procedures

106

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PART 19 — Licensing of air traffic controllers

Prohibition of unlicensed air traffic controllers

107

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Prohibition of unlicensed student air traffic controllers

108

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Acting as an air traffic controller: exceptions

109

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Acting as an air traffic controller and a student air traffic controller

110

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Language proficiency: additional requirements

111

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Language proficiency: ongoing requirements

112

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Privileges of an air traffic controller’s licence and a student air traffic controller’s licence

113

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Maintenance of validity of ratings and endorsements

114

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Obligation to notify rating ceasing to be valid and change of unit

115

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116

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Requirement for medical certificate

117

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Incapacity of air traffic controllers

118

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Fatigue of air traffic controllers

119

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Acting under the influence of psychoactive substances or medicines

120

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Failing exams, assessments or tests

121

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Validation of air traffic controller’s licences

122

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Definitions relevant to this Part and Schedule 10

123

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PART 20 — Air traffic service equipment

Air traffic service equipment

124

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Air traffic service equipment records

125

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PART 21 — Aerodromes, aeronautical lights and dangerous lights

Requirement to use licensed aerodrome

126

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Flights which must use licensed aerodrome

127

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Helicopters flying for commercial air transport at night

128

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Licensing of aerodromes

129

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Public use licence

130

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Charges at aerodromes with a public use licence

131

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Use of aerodromes by aircraft of Contracting States and of the Commonwealth

132

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Noise and vibration caused by aircraft on aerodromes

133

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Aviation fuel at aerodromes

134

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PART 22 — Lights and lighting

Aeronautical lights

135

(1) Except with the permission of the Department and in accordance with any conditions subject to which the permission may be granted, a person must not establish, maintain or alter the character of —

(a) an aeronautical beacon within the Isle of Man; or

(b) an aeronautical ground light (other than an aeronautical beacon) at a licensed aerodrome, or that forms part of the lighting system for use by aircraft taking off from or landing at such an aerodrome.

(2) In the case of an aeronautical beacon that is or may be visible from the waters within an area of a general lighthouse authority, the Department must not give its permission for the purpose of this article except with the consent of that authority.

(3) A person must not intentionally or negligently damage or interfere with an aeronautical ground light established by or with the permission of the Department.

Lighting of en-route obstacles

136

(1) The person in charge of an en-route obstacle must ensure that it is fitted with medium intensity steady red lights positioned as close as possible to the top of the obstacle and at intermediate levels spaced so far as practicable equally between the top lights and ground level with an interval of not more than 52 metres.

(2) The person in charge of an en-route obstacle must, subject to paragraph (3), ensure that by night the lights required to be fitted by this article are displayed.

(3) In the event of the failure of a light that is required by this article to be displayed by night, the person in charge must repair or replace the light as soon as reasonably practicable.

(4) At each level on the obstacle where lights are required to be fitted, sufficient lights must be fitted and arranged so as to show when displayed in all directions.

(5) In any particular case the Department may direct that an en-route obstacle must be fitted with and must display such additional lights in such positions and at such times as the Department may specify.

(6) This article does not apply to an en-route obstacle for which the Department has granted a permission to the person in charge permitting the person not to fit and display lights in accordance with this article

(7) Permission under paragraph (6) may be granted for a particular obstacle or group of obstacles or generally.

(8) In this article, an “en-route obstacle” means a building, structure or erection, the height of which is 150 metres or more above ground level, but it does not include a building, structure or erection that is in the vicinity of a licensed aerodrome.

Lights liable to endanger

137

(1) A person must not exhibit in the Isle of Man a light that —

(a) by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or

(b) by reason of its liability to be mistaken for an aeronautical ground light is liable to endanger aircraft.

(2) If a light that appears to the Department to be a light described in paragraph (1) is exhibited, the Department may direct the person who is the occupier of the place where the light is exhibited or who has charge of the light, to take such steps within a reasonable time as are specified in the direction —

(a) to extinguish or screen the light; and

(b) to prevent in the future the exhibition of any other light that may similarly endanger aircraft.

(3) The direction may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.

(4) In the case of a light that is or may be visible from waters within the area of a general lighthouse authority, the power of the Department under this article must not be exercised except with the consent of that authority.

Lights that dazzle or distract

138

A person must not in the Isle of Man direct or shine a light at an aircraft in flight so as to dazzle or distract the pilot of the aircraft.

PART 23 — Commercial air transport and aerial work by foreign registered aircraft

Restriction on carriage for valuable consideration in aircraft registered in a foreign country

139

(1) An aircraft registered in a foreign country must not take on board or discharge a passengers or cargo in the Isle of Man where valuable consideration is given or promised for the carriage of the person or cargo unless it complies with paragraph (2) or is exempt from this paragraph under paragraph (3).

(2) This paragraph is complied with if the operator or the charterer of the aircraft or the Government of the country in which the aircraft is registered has been granted permission by the Department under this article and any conditions subject to which the a permission may be subject are complied with.

(3) An aircraft is exempt from the requirement to comply with paragraph (1) if it is exercising the privileges of an Air Operators Certificate issued by the United Kingdom CAA.

(4) An operator or a charterer of an aircraft that is required to comply with paragraph (2) may not hold itself out as a person who may offer to take on board or discharge a passenger or cargo in the Isle of Man for valuable consideration except in accordance with—

(a) a permission granted under this article; and

(b) any conditions to which such a permission may be subject.

(5) Paragraph (4) does not apply to a person who reasonably believes that they will hold such a permission by the time the relevant flight is made.

Filing and approval of tariffs

140

(1) If a permission granted under article 139(2) contains a tariff provision and the Department so requires, the operator or charterer of the aircraft concerned must file with the Department the tariff that it proposes to apply on flights to which the said permission relates and the Department must consider the proposed tariff and may approve or disapprove it.

(2) In this article, “tariff provision”—

(a) means a condition as to any of the following matters—

(i) the price to be charged for the carriage of a passenger, baggage or cargo on flights to which a permission granted under article 139(2) relates;

(ii) any additional goods, services or other benefits to be provided in connection with such carriage;

(iii) the prices, if any, to be charged for any such additional goods, services or benefits; and

(iv) the commission, or rates of commission, to be paid in relation to the carriage of a passenger, baggage or cargo; and

(b) includes any condition as to the applicability of any such price, the provision of any such goods, services or benefits or the payment of any such commission or of commission at any such rate.

Restriction on aerial photography, aerial survey and aerial work in aircraft registered elsewhere than in the Isle of Man

141

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PART 24 — Mandatory reporting

Mandatory reporting of occurrences

142

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Mandatory reporting of birdstrikes

143

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PART 25 — Powers and penalties

Revocation, suspension and variation of certificates, licences and other documents

144

(1) Subject to paragraph (5), the Department may provisionally suspend or vary a certificate, licence, approval, permission, exemption, authorisation or other document issued, granted, rendered valid or having effect under this Order, pending inquiry into or consideration of the case.

(2) The Department may, on sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.

(3) The holder or a person having the possession or custody of a certificate, licence, approval, permission, exemption or other document that has been revoked, suspended or varied under this Order must surrender it to the Department within a reasonable time after being required to do so by the Department.

(4) The breach of a condition subject to which a certificate, licence, approval, permission, exemption or other document has been issued, granted, rendered valid or which has effect under this Order, in the absence of provision to the contrary in the document, renders the document invalid during the continuance of the breach.

(5) A flight manual, performance schedule or other document incorporated by reference in a certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Department, whether or not after due inquiry.

Revocation, suspension and variation of permissions, etc. granted under article 139 ...

145

(1) The permits to which this article applies are permissions granted by the Department under article 139 ... and any approvals or authorisations of, or consents to, any matter that the Department has granted, or is to be taken to have granted, in pursuance of a permission that it has so granted.

(2) Subject to the provisions of this article, the Department may revoke, suspend or vary a permit to which this article applies.

(3) Subject to paragraph (4), the Department may exercise the powers under paragraph (2) only after notifying the permit holder of the intention to do so and after due consideration of the case.

(4) If, by reason of the urgency of the matter, it appears to the Department to be necessary to do so, the Department may provisionally suspend or vary a permit to which this article applies without complying with the requirements of paragraph (3) but the Department must in any such case comply with those requirements as soon as is reasonably practicable and must then, in the light of due consideration of the case, either—

(a) revoke the provisional suspension or variation of the permit; or

(b) substitute a definitive revocation, suspension or variation, that, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be in the same or different terms as the provisional variation (if any).

(5) The powers vested in the Department by paragraphs (2) and (4) may be exercised when in the judgement of the Department and whether or not by reason of anything done or omitted to be done by the permit holder or otherwise connected with the permit holder, it is necessary or expedient that the permit holder should not enjoy, or should no longer enjoy, the rights conferred by a permit to which this article applies or should enjoy them subject to such limitations or qualifications as the Department may determine.

(6) In particular, and without limitation, the Department may exercise the powers under paragraphs (2)and (4) if it appears that—

(a) the permit holder has committed a breach of a condition to which it is subject;

(b) an agreement between Her Majesty’s Government in the United Kingdom and the Government of any other country in pursuance of which or in reliance on which the permit was granted is no longer in force or that that other Government has committed a breach of the agreement;

(c) the permit holder, or a Government of another country that is a party to an agreement referred to in sub-paragraph (b), or the aeronautical authorities of the country concerned, has—

(i) acted in a manner that is inconsistent with or prejudicial to the operation in good faith, according to its object and purpose, of any such agreement; or

(ii) engaged in unfair, discriminatory or restrictive practices to the prejudice of the holder of an Air Transport Licence granted under section 65 of the Civil Aviation Act 1982[^f00015] or the holder of a route licence granted under that section as applied by section 69A of that Act in the operation of air services to or from points in the country concerned; or

(d) the permit holder, having been granted the permit as a person designated by the Government of a country other than the United Kingdom for the purposes of an agreement referred to in sub-paragraph (b), is no longer so designated or that permit holder’s conduct, or circumstances which have arisen in relation to the permit holder, make it necessary or expedient to disregard or qualify the consequences of being so designated.

(7) The holder of a permit or a person having the possession or custody of a permit that has been revoked, suspended or varied under this article must surrender it to the Department within a reasonable time of being required by it to do so.

(8) The breach of a condition subject to which a permit to which this article applies has been granted renders the permit invalid during the continuance of the breach.

Prohibitions in relation to documents and records

146

(1) A person must not with intent to deceive—

(a) use a certificate, licence, approval, permission, exemption or other document issued or required by or under this Order that has been forged, altered, revoked or suspended, or to which the person is not entitled;

(b) lend a certificate, licence, approval, permission, exemption or other document issued or having effect or required by or under this Order to, or allow it to be used by, any other person; or

(c) make a false representation for the purpose of procuring for a person the grant, issue, renewal or variation of any such certificate, licence, approval, permission, exemption or other document.

(2) In paragraph (1) a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy.

(3) A person must not intentionally damage, alter or render illegible —

(a) a log book or other record required to be maintained by or under this Order.

(b) an entry made in such a log book or record.

(4) A person must not —

(a) knowingly make, or procure or assist in the making of, a false entry in or material omission from a log book or record referred to in paragraph (3); or

(b) destroy any such log book or record during the period for which it is required under this Order to be preserved.

(5) All entries made in writing in a log book or record referred to in paragraph (3) must be made in ink or indelible pencil.

(6) A person must not knowingly make in a load sheet an entry that is incorrect in a material particular or make a material omission from such a load sheet.

(7) A person must not purport to issue a certificate for the purposes of this Order or any applied regulations unless authorised to do so by the relevant legislation.

(8) A person must not issue a certificate referred to in paragraph (7) unless satisfied that all statements in the certificate are correct.

Department’s power to prevent aircraft flying

147

(1) If it appears to the Department or an authorised person that an aircraft is intended or likely to be flown in any of the circumstances specified in paragraph (2), the Department or the authorised person may give a direction in accordance with paragraph (3).

(2) The circumstances referred to in paragraph (1) are —

(a) if any provision of article 3, ... 11, 15, 37, 39, 64, ... 69, 70, 75(2), 84, 86, or 139 would be contravened in relation to the flight;

(b) if the flight would be in contravention of any other provision of this Order or of any applied regulations, and be a cause of danger to a person or property whether or not in the aircraft; or

(c) if the aircraft is in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of a provision of this Order or of any such regulations.

(3) If paragraph (1) applies the Department or the authorised person may direct the operator or the commander of the aircraft not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Department or by an authorised person.

(4) If the Department or an authorised person has directed under paragraph (3), the Department or an authorised person may take such steps as are necessary to detain the aircraft.

(5) For the purposes of this article the Department or an authorised person may enter an aerodrome and may enter and inspect an aircraft.

Power to prevent third-country aircraft taking off

148

If it appears to an authorised person that a third-country aircraft —

(a) has a safety deficiency and does not comply with international safety standards;

(b) would obviously be hazardous to flight safety; and

the authorised person must give to the person appearing to be in command of the aircraft a direction in writing not to permit the aircraft to take off until further notice and take such steps as may be necessary to detain the aircraft.

Notifying competent authority of the detention of a third-country aircraft

149

If an authorised person detains a third-country aircraft the person must immediately inform the competent authority of the State of the operator of the detention and, where necessary, of the State in which the aircraft is registered.

Revocation of article 148 direction when validity of certificate of airworthiness affected

150

If an aircraft has been prohibited from taking off pursuant to article 148 and—

(a) the safety deficiency affects the validity of the certificate of airworthiness of the aircraft; and

(b) the Department has granted the operator of the aircraft an exemption from the requirement that the aircraft must have a valid certificate of airworthiness,

an authorised person must not revoke a direction issued pursuant to article 148 without first being satisfied that the operator has obtained permission for the flight from all States over which it is intended to fly the aircraft.

Directions to operators of aircraft to make data available

151

(1) The Department may give a direction to a person who is an operator of an aircraft referred to in paragraph (2) requiring the operator to take the action referred to in paragraph (3).

(2) The aircraft is one that (alone or in combination with one or more other aircraft operated by the operator) is flown for the carriage of passengers from the Isle of Man (directly or via another country) to a country that is outside the European Economic Area and is specified in the direction.

(3) The action is the making available electronically of data in respect of all passengers and crew on the aircraft or expected to be on the aircraft.

(4) A direction may be given in respect of—

(a) all aircraft;

(b) any aircraft; or

of which (at the time when the direction is given or at any subsequent time) the person is the operator and that is or are specified in the direction.

(5) A direction must specify—

(a) the competent authorities of the country to whom the data are to be made available electronically; and

(b) the types of data to which the direction relates.

(6) A direction only has effect in relation to data that are collected and contained in the operator’s automated reservation system or departure control system.

Right of access to aerodromes and other places

152

The Department and an authorised person each has the right of access at all reasonable times—

(a) to an aerodrome for the purpose of inspecting the aerodrome;

(b) to an aerodrome for the purpose of inspecting an aircraft on the aerodrome or a document that it or the authorised person has power to demand under this Order, or for the purpose of detaining an aircraft under the provisions of this Order;

(c) to an place where an aircraft has landed, for the purpose of inspecting the aircraft or a document that it or the authorised person has power to demand under this Order and for the purpose of detaining the aircraft under the provisions of this Order;

(d) to a building or place from which an air traffic control service is being provided or where air traffic service equipment requiring approval under the Civil Aviation (Air Traffic Services) Order 2020 (SD 2020/0136) is situated for the purpose of inspecting—

(i) equipment used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground; or

(ii) a document or record that it or the authorised person has power to demand under this Order.

Obstruction of persons

153

A person must not intentionally obstruct or impede a person who is exercising a power or performing a duty under this Order.

Directions and directives

154

(1) A person who without reasonable excuse fails to comply with a direction or directive given to the person under a provision of this Order is to be taken for the purposes of article 155 to have contravened the provision.

(2) If a provision of this Order or any applied regulations gives to a person the power to direct, the person to whom such a power is given also has the power to revoke or vary any such direction or directive.

Offences and penalties

155

(1) Subject to paragraph (2), if a provision of this Order or of any applied regulations is contravened in relation to an aircraft, the operator of the aircraft and the commander are (without prejudice to the liability of any other person for the contravention) to be taken for the purposes of the following provisions of this article to have contravened the provision.

(2) A person will not be taken to have contravened a provision specified in paragraph (1) if the person proves that the contravention occurred without the person’s consent or connivance and that the person exercised all due diligence to prevent the contravention.

(3) If it is proved that an act or omission of a person that would otherwise have been a contravention by the person of a provision specified in paragraph (1) was due to any cause not avoidable by the exercise of reasonable care by the person, the act or omission is to be taken not to be a contravention by the person of the provision.

(4) If a person is charged with contravening a provision of this Order or under applied regulations by reason of the person having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport or aerial work, the flight is to be treated (without prejudice to the liability of any other person under this Order or under applied regulations) as not having been for that purpose if the person proves that he or she neither knew nor suspected that the flight was for that purpose.

(5) A person who contravenes a provision specified in Part 1 of Schedule 11 is guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.

(6) A person who contravenes a provision specified in Part 2 of Schedule 11 is guilty of an offence and liable on summary conviction to a fine not exceeding £2,500.

(7) A person who contravenes a provision specified in Part 3 of Schedule 11 is guilty of an offence and liable on summary conviction to a fine not exceeding £5,000 and on conviction on information to a fine or custody for a term not exceeding two years or both.

(8) A person who contravenes a provision specified in Part 4 of Schedule 11 is guilty of an offence and liable on summary conviction to a fine not exceeding £5,000 and on conviction on information to a fine or custody for a term not exceeding five years or both.

(9) In this article “custody” has the same meaning as in the Custody Act 1995 (an Act of Tynwald)[^f00016].

Exemption from Order

156

The Department may exempt from any of the provisions of this Order (other than articles 64, 85, 139, 140, ... 145 and 157) or any regulations referred to in article 155, an aircraft or person or class of aircraft or person, subject to such conditions as it thinks fit.

Appeal to High Court

157

(1) Subject to paragraph (3), an appeal lies to the High Court of Justice of the Isle of Man from a decision of the Department under article 21 or 42.

(2) If the court is satisfied that on the evidence submitted to the Department the decision was wrong, the court may reverse the decision and the Department must give effect to the court’s determination.

(3) An appeal does not lie from a decision of the Department that a person is not qualified to hold a licence rendered valid by reason of a deficiency in the person’s knowledge, experience, competence, skill or physical or mental fitness.

(4) The Department is to be a respondent to any appeal under this article.

(5) For the purposes of a provision relating to the time within which an appeal may be brought, the Department’s decision is to be taken to have been taken on the date on which the Department supplied a statement of its reasons for the decision to the applicant for the licence or the holder or former holder of it.

Approval of persons to supply reports

158

In relation to any of its functions under any of the provisions of this Order the Department may approve a person as qualified to supply reports to it and may accept such reports.

Certificates, authorisations, approvals and permissions

159

Wherever in this Order there is provision for the issue or grant of a certificate, authorisation, approval or permission by the Department, unless otherwise provided, such a certificate, authorisation, approval or permission—

(a) must be in writing;

(b) may be issued or granted subject to such conditions as the Department thinks fit; and

PART 26 — Application of the Order

Extra-territorial effect of the Order

160

(1) Except where the context otherwise requires, the provisions of this Order, in so far as they apply (whether by express reference or otherwise) —

(a) to aircraft registered in the Isle of Man, apply to such aircraft wherever they may be; and

(b) to such other aircraft when they are within the Isle of Man.

(2) Except where the context otherwise requires, the provisions of this Order in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything —

(a) by persons in, or by any of the crew of, an aircraft registered in the Isle of Man, apply to such persons and crew, wherever they may be;

(b) in relation to an aircraft registered in the Isle of Man by other persons, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be.

(3) Nothing in this article is to be construed as extending to make a person guilty of an offence in a case in which it is provided by section 3(1) of the British Nationality Act 1948[^f00017] that the person will not be guilty of an offence.

Application of Order to certain aircraft registered elsewhere

161

(1) The Department may direct that such of the provisions of this Order and of any regulations having effect under this Order as may be specified in the direction have effect as if reference in those provisions to aircraft registered in the Isle of Man included references to the aircraft specified in the direction.

(2) A direction under paragraph (1) may only specify an aircraft registered elsewhere than in the Isle of Man but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Isle of Man.

Application of Order to the Crown

162

(1) Subject to the provisions of this article, the provisions of this Order apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty as they apply to or in relation to other aircraft.

(2) For the purposes of such application, the authority for the time being responsible on behalf of Her Majesty for the management of the aircraft is to be taken to be the operator of the aircraft and, in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft.

(3) Nothing in this article renders liable to any penalty an authority responsible on behalf of Her Majesty for the management of an aircraft.

Application of the Order to visiting forces

163

(1) This article applies to the naval, military and air force authorities and members of a visiting force and any international headquarters and the members and property held or used for the purpose of such a force or headquarters.

(2) Except as otherwise expressly provided in this Order, every body and person and any property to which this article applies is exempt from the provisions of this Order and of any applied regulations to the same extent as if it formed part of the forces of Her Majesty raised in the Isle of Man and for the time being serving there.

Application of the Order to military aircraft

164

(1) Except as otherwise provided by paragraph (2), and articles 91(2) and 93(7), nothing in this Order applies to or in relation to a military aircraft.

(2) If a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of that person’s duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force or international headquarters, the provisions specified in paragraph (3) apply to the flight.

(3) The provisions referred to in paragraph (2) are articles 73, 74 and 75 and in addition article 91 (so far as applicable) applies unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 550) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.

Exceptions from application of provisions of the Order for certain classes of aircraft

165

(1) This article applies to—

(a) a small balloon;

(b) a kite weighing not more than 2 kg; and

(2) Except as provided by paragraph (3), nothing in this Order applies to or in relation to an aircraft to which this article applies.

(3) Articles 74, 93, 94, 95, 147 except 147(2)(a) and 167 apply to or in relation to an aircraft to which this article applies.

Saving

166

(1) Nothing in this Order confers a right to land in a place as against the owner of the land or any other persons interested in the land.

(2) Nothing in this Order obliges the Department to accept an application from the holder of a current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of the document, or for the grant of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.

PART 27 — Interpretation

Interpretation

167

(1) In this Order —

“Aerial work” has the meaning given by article 171;

“Aerial work aircraft” means an aircraft (other than a commercial air transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;

“Aerial work flight” means a flight for the purpose of aerial work;

“Aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;

“Aerodrome”—means an area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft; andincludes an area or space, whether on the ground, on the roof of a building or elsewhere, that is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically,but does not include an area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

“Aerodrome control service” means an air traffic control service for any aircraft—that is on the manoeuvring area or apron of the aerodrome for which the service is being provided;that is flying in, or in the vicinity of, the aerodrome traffic zone of that aerodrome by visual reference to the surface; orthat has been transferred from approach control in accordance with procedures approved by the Department;

“Aerodrome operating minima” in respect of the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing that are the minimum for the operation of the aircraft at the aerodrome;

“Aerodrome traffic zone” has the meaning assigned to that expression by article 170;

“Aeronautical beacon” means an aeronautical ground light that is visible either continuously or intermittently to designate a particular point on the surface of the earth;

“Aeronautical ground light” means a light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

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

“Aeronautical radio station” means a radio station on the surface that transmits or receives signals for the purpose of assisting aircraft;

“Airborne collision avoidance system (ACAS)” means an aircraft system based on secondary surveillance radar (SSR) transponder signals which operate independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders;

“Aircraft rating” includes a type rating and a class rating;

“Air/ground communications service” means a service provided from an aerodrome to give information to pilots of aircraft flying in the vicinity of the aerodrome by means of radio signals and “air/ground communications service unit” is to be construed accordingly;

“Aircraft” means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;

“Air traffic control service” means a service provided for the purpose of preventing collisions between aircraft and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;

“Air traffic control unit” means a person appointed by a person maintaining an aerodrome or place to provide an air traffic control service;

“Air traffic service equipment” means ground based equipment, including an aeronautical radio station, used or intended to be used in connection with the provision of an air traffic service to an aircraft in flight or on the ground but excluding any public electronic communications network;

“Airworthy” means the status of an aircraft, engine, propeller or part when it conforms to its approved design and is in a condition for safe operation;

“Alternate aerodrome” means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing;

“Annual costs”, in respect of the operation of an aircraft, means the best estimate reasonably practicable at the time of a particular flight for the year commencing on the first day of January preceding the date of the flight, of the costs of keeping and maintaining and the indirect costs of operating the aircraft, such costs in either case excluding direct costs and being those actually and necessarily incurred without a view to profit;

“Annual flying hours” means the best estimate reasonably practicable at the time of a particular flight by an aircraft of the hours flown or to be flown by the aircraft for the year commencing on the first day of January preceding the date of the flight;

“Applied regulations” means regulations made or having effect as if made under the Civil Aviation Act 1982[^f00018] or the Air Navigation Order 2016 and applied to the Isle of Man;

“Applied to the Isle of Man” means applied to the Isle of Man under the Airports and Civil Aviation Act 1987 (an Act of Tynwald)[^f00020];

“Approach control service” means an air traffic control service for an aircraft that is not receiving an aerodrome control service but which is flying in, or in the vicinity of the aerodrome traffic zone of the aerodrome for which the service is being provided, whether or not the aircraft is flying by visual reference to the surface;

“Approach to landing” means that portion of the flight of an aircraft when approaching to land in which it is descending below a height of 1000 feet above the relevant specified decision height or minimum descent height;

“Appropriate aeronautical radio station” means, in in respect of an aircraft, an aeronautical radio station serving the area in which the aircraft is for the time being;

“Appropriate air traffic control unit” means, in respect of an aircraft, as the context requires—the air traffic control unit serving the area in which the aircraft currently is; orthe air traffic control unit serving the area that the aircraft intends to enter and with which unit the aircraft is required to communicate before entering the area;

“Apron” means the part of an aerodrome provided for the stationing of aircraft for the embarkation and disembarkation of passengers, for loading and unloading of cargo and for parking;

“Area navigation equipment” means equipment carried on board an aircraft that enables the aircraft to navigate on a desired flight path within the coverage of appropriate ground based navigation aids or within the limits of the on-board equipment or a combination of the two;

“Authorised person” means—a constable; ora person authorised by the Department (whether by name or by class or description) either generally or in relation to a particular case or class of case;

“Basic Regulation” means Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91;

“Beneficial interest” includes interests arising under contract and other equitable interests;

“British protected person” has the same meaning as in section 50 of the British Nationality Act 1981[^f00021];

“CAA” means the Civil Aviation Authority of the United Kingdom;

“Cabin crew” in in respect of an aircraft means those persons on a commercial air transport flight carried for the purpose of performing duties to be assigned by the operator or the commander of the aircraft in the interests of the safety of passengers but who do not act as a member of the flight crew;

“Captive balloon” means a balloon which when in flight is attached by a restraining device to the surface;

“Captive flight” means flight by an uncontrollable balloon during which it is attached to the surface by a restraining device;

“Cargo” includes mail and animals;

“Category I approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—a decision height of 200 feet; anda runway visual range of not less than 550 metres;

“Category II approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—a decision height below 200 feet but not less than 100 feet; anda runway visual range of not less than 300 metres;

“Category IIIA approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—a decision height lower than 100 feet; anda runway visual range of not less than 200 metres;

“Category IIIB approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with—a decision height lower than 50 feet or no decision height; anda runway visual range of less than 200 metres but not less than 75 metres;

“Certificate of airworthiness” includes in the case of a national certificate of airworthiness any flight manual, performance schedule or other document, whatever its title, incorporated by reference in the certificate relating to the certificate of airworthiness;

“Certificate of release to service issued under this Order” means a certificate issued in accordance with article 26 by a person specified in article 27;

“Certificate of validity” has the meaning given by article 19(5);

“Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace” and “Class E airspace” mean airspace respectively notified as such;

“Class rating” means a rating that entitles the holder of a pilot licence to act as pilot of an aircraft of a specified class that does not require a type rating;

“Cloud ceiling”, in in respect of an aerodrome, means the vertical distance from the elevation of the aerodrome to the lowest part of a cloud visible from the aerodrome that is sufficient to obscure more than one-half of the sky so visible;

“Combined vision system” means a system for displaying images from a combination of an enhanced vision system and a synthetic vision system;

“Commander”, in respect of an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

“Commercial air transport” means a flight that is carrying passengers, cargo or mail for remuneration or hire where the principal purpose for their carriage is to transport them, and where a seat on the flight or the right to have cargo or mail carried is available to any member of the public, and includes a flight that carries passengers for remuneration or hire that begins and ends at the same aerodrome;

“Commercial air transport aeroplane” means an aeroplane flying, or intended by the operator of the aeroplane to fly, for the purpose of commercial air transport;

“Commonwealth” means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981 and all other territories forming part of Her Majesty’s dominions or in which Her Majesty has jurisdiction and “Commonwealth citizen” is to be construed accordingly;

“Company operations manual” means the manual prepared by an operator in accordance with article 99B;

“Conditional sale agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974[^f00022];

“Congested area” in relation to a city, town or settlement means an area that is substantially used for residential, industrial, commercial or recreational purposes;

“Contracting State” means a State (including the United Kingdom) that is party to the Chicago Convention;

“Controlled airspace” means airspace that has been notified as Class A, Class B, Class C, Class D or Class E airspace;

“Controllable balloon” means a balloon that is not a small balloon and that is capable of free controlled flight;

“Control area” means controlled airspace that has been further notified as a control area and that extends upwards from a notified altitude or flight level;

“Control zone” means controlled airspace that has been further notified as a control zone and that extends upwards from the surface;

“Country” includes a territory;

“Crew” means persons carried in an aircraft who are —members of the flight crew;persons carried on the flight deck who are appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew in accordance with the law of the country in which the aircraft is registered or the State of the operator; ormembers of the cabin crew;

“Decision height”, in respect of the operation of an aircraft at an aerodrome, means the height in a precision approach at which a missed approach must be initiated if the required visual reference to continue the approach has not been established;

“Declared distance” has the meaning that has been notified;

“the Department” means the Department for Enterprise of the Isle of Man Government;

“Direct costs” means the costs actually and necessarily incurred in connection with a flight without a view to profit but excluding any remuneration payable to the pilot for services as such;

“Director” has the same meaning as in section 250 of the Companies Act 2006[^f00023];

“Disidentification” means removing from reports submitted all personal details pertaining to the reporter and technical details that might lead to the identity of the reporter or of third parties being inferred from the information;

“EASA” means the European Union Aviation Safety Agency established under the Basic ... Regulation;

“Enhanced vision system” means a system to display electronic real-time images of the external scene achieved through the use of image sensors;

“Flight” and “to fly” have the meanings given by article 168;

“Flight check” means a check carried out by an aircraft in flight of the accuracy and reliability of signals transmitted by an aeronautical radio station;

“Flight crew” in relation to an aircraft means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radiotelephony operator of the aircraft;

“Flight information service” means—in the case of an aerodrome—the giving of information by means of radio signals to aircraft flying in or intending to fly within the aerodrome traffic zone of the aerodrome; andthe grant or refusal of a permission under point SERA.8015 in section 8 of the Annex to SERA or under paragraph 10(1)(b) or 11(2) of Schedule 1 to the Civil Aviation (Rules of the Air) Order 2021; andin the case of an area control centre, the giving of information by means of radio signals to aircraft,and “aerodrome flight information service” is to be construed accordingly;

“Flight information service unit” means a person appointed by the Department or by any other person maintaining an aerodrome or area control centre to provide a flight information service and “aerodrome flight information service unit” is to be construed accordingly;

“Flight level” means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet that would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1013.2 hectopascals;

“Flight manual” means a document provided for an aircraft stating the limitations within which the aircraft is considered airworthy as defined by the appropriate airworthiness requirements and additional instructions and information necessary for the safe operation of the aircraft;

“Flight recording system” means a system comprising either a flight data recorder or a cockpit voice recorder or both;

“Flight visibility” means the visibility forward from the flight deck of an aircraft in flight;

“Flying display” means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public;

“Flying machine” means an aeroplane, a powered lift tilt rotor aircraft, a SLMG, a helicopter or a gyroplane;

“Free balloon” means a balloon that when in flight is not attached by a form of restraining device to the surface;

“Free controlled flight” means flight during which—a balloon is not attached to the surface by a form of restraining device (other than a tether of not more than five metres in length that may be used as part of the take-off procedure); andthe height of the balloon is controllable by means of a device attached to the balloon and operated by the commander of the balloon or by remote control;

“General lighthouse authority” has the same meaning as in section 193 of the Merchant Shipping Act 1995[^f00025];

“Glider” means—a non-power-driven, heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces that remain fixed under given conditions of flight;a self-sustaining glider; anda self-propelled hang-glider;

“Government aerodrome” means an aerodrome in the Isle of Man that is in the occupation of a Government Department;

“Head-up display” means a display system that presents flight information into the pilot’s forward external field of view;

“Hire-purchase agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974[^f00026];

“Holding” means, in the case of an aircraft approaching an aerodrome to land, a manoeuvre in the air that keeps the aircraft within a specified volume of airspace;

“Instructor’s rating” means a flying instructor’s rating, an assistant flying instructor’s rating, a flight instructor rating (aeroplane), a flight instructor rating (helicopter), a type rating instructor rating (multi-pilot aeroplane), a type rating instructor rating (helicopter), a class rating instructor rating (single pilot aeroplane), an instrument rating instructor rating (aeroplane) or an instrument rating instructor rating (helicopter);

“Instrument approach procedure” means a series of predetermined manoeuvres by reference to flight instruments, with specified protection from obstacles, from a specified point to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or other obstacle clearance criteria apply;

“Instrument flight procedure” means—a standard instrument arrival;an instrument approach procedure;a standard instrument departure; ora planned departure route;

“Instrument Flight Rules” means Instrument Flight Rules prescribed by Section 5 of the Annex to SERA;

“Instrument Landing System” means a ground-based radio system designed to transmit radio signals at very high frequency and ultra high frequency that allow the pilot of an aircraft to accurately determine the aircraft’s position relative to a defined approach path whilst carrying out an approach to land;

“Instrument Meteorological Conditions” means weather precluding flight in compliance with the Visual Flight Rules;

“International air navigation” means a flight that includes passage over the territory of a country other than the Isle of Man but does not include passage over the United Kingdom, any of the Channel Islands, or any other relevant overseas territory to which there is power to extend the Civil Aviation Act 1982 under section 108(1) of that Act[^f00028];

“International headquarters” means an international headquarters designated by Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964[^f00029];

“International safety standards” means the safety standards contained in the Chicago Convention as in force from time to time;

“JAA” means the body that was known as the Joint Aviation Authorities, until its dissolution on 30th June 2009, which was previously an associated body of the European Civil Aviation Conference;

“JAA Full Member State” means a State that was a full member of the JAA on 30th June 2009;

“JAA licence” means a flight crew licence granted under JAR-FCL 1 or 2 by the competent authority of a JAA Full Member State in accordance with a procedure that had been assessed as satisfactory following an inspection by a licensing medical standardisation team of the JAA;

“JAR-FCL 1” means, unless otherwise specified, the Joint Aviation Requirement of the JAA bearing that title including Amendment 5 adopted by the JAA on 1st March 2006;

“JAR-FCL 2” means the Joint Aviation Requirement of the JAA bearing that title including Amendment 3 adopted by the JAA on 1st September 2003;

“Kg” means kilogramme or kilogrammes as the context requires;

“Km” means kilometre or kilometres as the context requires;

“To land” in relation to aircraft includes alighting on the water;

“Large rocket” means a rocket of which the total impulse of the motor or combination of motors is more than 10,240 Newton-seconds;

“Let-down” means, in the case of an aircraft approaching an aerodrome to land, a defined procedure designed to enable an aircraft to descend safely to a point at which it can continue the approach visually;

“Licence” includes in relation to a flight crew licence any certificate of competency or certificate of validity or revalidation issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;

“Licensed aerodrome” means an aerodrome licensed under article 211 of the Air Navigation Order 2009[^f00030] as applied to the Isle of Man;

“Lifejacket” includes a device designed to support a person individually in or on the water;

“Log book” includes in the case of an aircraft log book, engine log book or variable pitch propeller log book, or personal flying log book, a record kept either in a book, or by any other means approved by the Department in the particular case;

“Maintenance” means in relation to an aircraft any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;

“Maintenance release” means a document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner, either in accordance with the approved data and the procedures described in the maintenance organisation’s procedures manual or under an equivalent system;

“Manoeuvring area” means the part of an aerodrome provided for the take-off and landing of aircraft and for the movement of aircraft on the surface, excluding the apron and any part of the aerodrome provided for the maintenance of aircraft;

“Maximum approved passenger seating configuration” means the maximum number of passengers that may be carried in the aircraft under and in accordance with its certificate of airworthiness, its flight manual and this Order;

“Maximum total mass authorised” means in relation to an aircraft the maximum total mass of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force for the aircraft;

“Medium intensity steady red light” means a red light that complies with the characteristics described for a medium intensity Type C light as specified in Volume 1 (Aerodrome Design and Operations) of Annex 14 (Fourth Edition July 2004) to the Chicago Convention[^f00031];

“Member State” means a State that is a member of the European Union;

“Meteorological information” means a meteorological report, analysis, forecast, and any other statement relating to existing or expected meteorological conditions;

“Microwave Landing System” means a ground-based radio system designed to transmit radio signals at super high frequency that allow the pilot of an aircraft to accurately determine the aircraft’s position within a defined volume of airspace whilst carrying out an approach to land;

“Military aircraft” means—the naval, military or air force aircraft of any country;an aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; andan aircraft for which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

“Military rocket” means—a rocket being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; anda rocket for which there is in force a certificate issued by the Secretary of State that the rocket is to be treated for the purposes of this Order as a military rocket;

“Minimum descent height” in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference;

“National certificate of airworthiness” means a certificate of airworthiness issued under article 16;

“National permit to fly” means a permit to fly issued under article 18;

“Nautical mile” means the International Nautical Mile, that is to say, a distance of 1852 metres;

“Night” means the time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level;

“Non-Part 21 aircraft” means an aircraft which would not be required by the Basic Regulation to hold a certificate of airworthiness or a restricted certificate of airworthiness under subpart H of Part 21 or a permit to fly under subpart P of Part 21;

“Non-precision approach” means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;

“North Atlantic Minimum Navigation Performance Specification airspace” means the airspace prescribed as such;

“Notified” means set out with the authority of the CAA in a document published by or under an arrangement entered into with the CAA and entitled “United Kingdom Notam” or “United Kingdom Aeronautical Information Publication” and for the time being in force;

“Notified aerodrome” means an aerodrome that is notified for the purposes of paragraph 9 of Schedule 1 to the Civil Aviation (Rules of the Air) Order 2021;

“Notified operating hours” means the times notified for an aerodrome during which paragraph 9 of Schedule 1 to the Civil Aviation (Rules of the Air) Order 2021 applies;

“Obstacle limitation surfaces” has the same meaning as in the document entitled “CAP 168 Licensing of aerodromes” published by the CAA in December 2008;

“Occurrence” means an operational interruption, defect, fault or other irregular circumstance that has or may have influenced flight safety and that has not resulted in an accident or serious incident as those terms are defined in regulation 2 of the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996[^f00032];

“Occurrence Reporting Directive” means Directive 2003/42 of the European Parliament and of the Council of 13th June 2003 on occurrence reporting in civil aviation[^f00033];

“Operating staff” means the persons employed by an operator of an aircraft, whether or not as members of the crew, to ensure that flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions;

“Operational position” means a position provided and equipped for the purpose of providing a particular type of air traffic control service;

“Operator” has the meaning given by article 169;

“Parascending parachute” means a parachute that is towed by cable in such a manner as to cause it to ascend;

“Part 21” means the Annex so entitled to Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations;

“Part 145” means Annex II so entitled to the EASA Continuing Airworthiness Regulation;

“Part M” means Annex I[^f00035] so entitled to the EASA Continuing Airworthiness Regulation as amended, and “Part M Subpart F” means Subpart F of Part M;

“Passenger” means a person other than a member of the crew;

“Performance Class 3 operations” means flights where, in the event of the failure of a power unit at any time during the flight, the helicopter will be required to carry out a forced landing;

“Period of duty” means the period between the commencement and end of a shift during which an air traffic controller performs, or could be called on to perform, any of the functions specified in a rating included in the controller’s licence;

“Personal representative” means the person constituted as the executor, administrator, or other representative, of a deceased person;

“Pilot in command” means the pilot designated by the operator or the owner as being in command and charged with the safe conduct of a flight.

“Planned departure route” means a departure route for use by an aircraft flying in accordance with the Instrument Flight Rules that links an aerodrome or a specific runway of an aerodrome with a notified significant point from which the flight may safely continue and that is not wholly contained within controlled airspace;

“Pre-flight inspection” means the inspection carried out before flight to ensure that the aircraft is fit for the intended flight;

“Precision approach” means an instrument approach using an Instrument Landing System, Microwave Landing System or precision approach radar for guidance in both azimuth and elevation;

“Precision approach radar” means radar equipment designed to enable an air traffic controller to determine accurately an aircraft’s position whilst it is carrying out an approach to land so that the air traffic controller can provide instructions and guidance to the pilot to enable the pilot to manoeuvre the aircraft relative to a defined approach path;

“Prescribed” means prescribed by applied regulations;

“Pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

“Private aircraft” means an aircraft that is not an aerial work aircraft or a commercial air transport aircraft;

“Private flight” means a flight that is not an aerial work or commercial air transport flight;

“Record” includes (in addition to a record in writing) —a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);a photograph.

“Reduced Vertical Separation Minimum airspace” means any airspace between flight level 290 and flight level 410 inclusive that has been notified, prescribed or otherwise designated by the relevant competent authority as being airspace within which a vertical separation minimum of 1000 feet or 300 metres must be applied;

“Register of Aircraft Mortgages” means the Register of Aircraft Mortgages kept by the Department under the Mortgaging of Aircraft Order 1972[^f00036] made or having effect as if made under the Civil Aviation Act 1982[^f00037], as applied to the Isle of Man by the Civil Aviation (Subordinate Legislation)(Application) Order 2006[^f00038] made pursuant to the Airports and Civil Aviation Act 1987[^f00039] (an Act of Tynwald);

“Relevant overseas territory” means a colony or a country or a place outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction;

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The Air Navigation (Isle of Man) Order 2015

Power to inspect and copy documents and records

89

Preservation of documents, etc.

90

PART 17 — Aircraft in flight

Rules of the Air

91

Power to prohibit or restrict flying

92

Flying displays

93

Balloons

94

Gliders, kites and parascending parachutes

95

Airships

96

Small unmanned aircraft

97

Small unmanned surveillance aircraft

98

Rockets

99

PART 18 — Air traffic services

Requirement for an air traffic control approval

100

Duty of person in charge to be satisfied as to competence of controllers

101

Manual of air traffic services

102

Provision of air traffic services

103

Making of an air traffic direction in the interests of safety

104

Use of radio call signs at aerodromes

105

Approval of instrument flight procedures

106

PART 19 — Licensing of air traffic controllers

Prohibition of unlicensed air traffic controllers

107

Prohibition of unlicensed student air traffic controllers

108

Acting as an air traffic controller: exceptions

109

Acting as an air traffic controller and a student air traffic controller

110

Language proficiency: additional requirements

111

Language proficiency: ongoing requirements

112

Privileges of an air traffic controller’s licence and a student air traffic controller’s licence

113

Maintenance of validity of ratings and endorsements

114

Obligation to notify rating ceasing to be valid and change of unit

115

Air navigation service provider: maintenance of records

116

Requirement for medical certificate

117

Incapacity of air traffic controllers

118

Fatigue of air traffic controllers

119

Acting under the influence of psychoactive substances or medicines

120

Failing exams, assessments or tests

121

Validation of air traffic controller’s licences

122

Definitions relevant to this Part and Schedule 10

123

PART 20 — Air traffic service equipment

Air traffic service equipment

124

Air traffic service equipment records

125

PART 21 — Aerodromes, aeronautical lights and dangerous lights