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
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  • “Replacement” in respect of a part of an aircraft or its equipment—includes the removal and replacement of the part whether or not by the same part, and whether or not any work is done on it; butdoes not include the removal and replacement of a part that is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;
  • “Required Navigation Performance airspace” means airspace that has been notified, prescribed or otherwise designated by the competent authority for the airspace as requiring specified navigation performance capabilities to be met by aircraft flying within it;
  • “Rocket” means a device that is propelled by ejecting expanding gases generated in its motor from self contained propellant and that is not dependent on the intake of outside substances and includes any part of the device intended to become separated during operation;
  • “Runway visual range” in respect of a runway means the distance in the direction of take-off or landing over which the runway lights or surface markings may be seen from the touchdown zone as calculated by either human observation or instruments in—the vicinity of the touchdown zone; orif this is not reasonably practicable, in the vicinity of the midpoint of the runway,and the distance, if any, communicated to the commander of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range must be taken to be the runway visual range for the time being;
  • “Safety management system” means a systematic approach to managing safety including the necessary organisational structure, accountabilities, policies and procedures;
  • “Scheduled journey” means one of a series of journeys that are undertaken between the same two places and that together amount to a systematic service;
  • “Seaplane” has the same meaning as in section 97 of the Civil Aviation Act 1982[^f00040];
  • “Sector” means part of a control area or part of a flight information region or upper region;
  • “Self-launching motor glider” means an aircraft with the characteristics of a non-power-driven glider that is fitted with one or more power units and that is designed or intended to take off under its own power;
  • “Self-propelled hang-glider” means an aircraft comprising an aerofoil wing and a mechanical propulsion device that —is foot launched;has a stall speed or minimum steady flight speed in the landing configuration not exceeding 35 knots calibrated airspeed; andhas a maximum unladen mass, including full fuel, of 70 kg;
  • “Self-sustaining glider” means an aircraft with the characteristics of a non-power-driven glider that is fitted with one or more power units capable of sustaining the aircraft in flight but which is not designed or intended to take off under its own power;
  • Single-seat deregulated aeroplane” means a non-Part 21 aircraft, other than an unmanned aircraft, which is designed to carry not more than one person, which has—a maximum take-off mass not exceeding—300kg for a landplane (or 390kg for a landplane of which at least 51% was built by an amateur, or non-profit making association of amateurs (“the association”), for the amateur or the association’s own purposes and without any commercial objective, in respect of which a permit to fly issued by the CAA was in force prior to 1st January 2003);330kg for an amphibian or floatplane; or315kg for a landplane equipped with an airframe mounted total recovery parachute system; anda stalling speed, or minimum steady flight speed in the landing configuration, at the maximum take-off mass not exceeding 35 knots calibrated airspeed;
  • “SLMG” means a self-launching motor glider;
  • “Small balloon” means a balloon of not more than two metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon;
  • “Small rocket” means a rocket of which the total impulse of the motor or combination of motors is not more than 10,240 Newton-seconds;
  • “Small unmanned aircraft” means an unmanned aircraft, other than a balloon or a kite, having a mass of not more than 20 kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight;
  • “Small unmanned surveillance aircraft” means a small unmanned aircraft that is equipped to undertake any form of surveillance or data acquisition;
  • “Special VFR flight” means a flight that is a special VFR flight for the purposes of the Rules of the Air Regulations 2007 Civil Aviation (Rules of the Air) Order 2021;
  • “Standard instrument arrival” means an arrival route for use by an aircraft flying in accordance with the instrument flight rules that links a notified significant point with a point from which an instrument approach procedure may be commenced;
  • “Standard instrument departure” 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 wholly contained within controlled airspace;
  • “State aircraft” means an aircraft carrying out military, customs, police, search and rescue, firefighting, coastguard or similar activities or services;
  • “State of the operator” means the State in which the operator of an aircraft has its principal place of business or, if it has no such place of business, its permanent residence, in circumstances where —that aircraft is registered in another Contracting State;the operator is operating that aircraft under an agreement for its lease, charter or interchange or any similar arrangement;the State in which the aircraft is registered has, by agreement with the State in which the operator of the aircraft has its principal place of business or, if it has no such place of business, its permanent residence, agreed to transfer to it its functions and duties as State of registry for that aircraft in relation to —in the case of article 15(1), airworthiness,in the case of article 34(1), aircraft radio equipment, orin the case of article 59, radio licensing; andthe agreement has been registered with the Council of the International Civil Aviation Organisation or the existence and scope of the agreement have been directly communicated to the CAA;
  • “Synthetic vision system” means a system to display data-derived synthetic images of the external scene from the perspective of the flight deck.
  • “Tethered flight” means flight by a controllable balloon throughout which it is flown within limits imposed by a restraining device that attaches the balloon to the surface;
  • “Type rating” means a rating that entitles the holder of a pilot licence to act as pilot of an aircraft of the type specified in the rating;
  • “Uncontrollable balloon” means a balloon that is not a small balloon and that is not capable of free controlled flight;
  • “Valuable consideration” means a right, interest, profit or benefit, forbearance, detriment, loss or responsibility accruing, given, suffered or undertaken under an agreement that is of more than a nominal nature;
  • “Visiting force” means any such body, contingent or detachment of the forces of a country as is a visiting force for the purposes of the Visiting Forces Act 1952[^f00041] —that apply to the country by virtue of paragraph (a) of section 1(1) of that Act; orthat from time to time apply to the country by virtue of paragraph (b) of section 1(1) and of any Order in Council made or hereafter to be made under section 1 designating the country for the purposes of that Act following section 1(2) of that Act;
  • “Visual Flight Rules” means Visual Flight Rules prescribed by Section 5 of the Annex to SERA;
  • “Visual Meteorological Conditions” means weather permitting flight in accordance with the Visual Flight Rules;
  • “With the surface in sight” means with the flight crew being able to see sufficient surface features or surface illumination to enable the flight crew to maintain the aircraft in a desired attitude without reference to a flight instrument and “when the surface is not in sight” is to be construed accordingly.
  • (2) References in this Order to—
  • (a) a certificate of airworthiness include both a national certificate of airworthiness and an EASA certificate of airworthiness unless otherwise stated;
  • (b) an aircraft, aeroplane, powered lift tilt rotor aircraft, SLMG, helicopter, gyroplane, airship, balloon or kite include both EASA and non-EASA examples of the same unless otherwise stated.
  • (3) Aircraft shall be classified in accordance with the Classification of Aircraft in the Schedule to the Civil Aviation (Miscellaneous Provisions) Order 2020 (SD 2020/0134).

Meaning of in flight

168

  • (1) An aircraft is deemed to be in flight—
  • (a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing;
  • (b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off, until the moment when it next comes to rest after landing;
  • (c) in the case of an airship, from the moment when it first becomes detached from the surface until the moment when it next becomes attached to the surface or comes to rest on the surface;
  • (d) in the case of a free balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface until the moment it next comes to rest on the surface; and
  • (e) in the case of a captive balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface, apart from a restraining device attaching it to the surface, until the moment when it next comes to rest on the surface.
  • (2) The expressions “a flight” and “to fly” are to be construed in accordance with paragraph (1).

Meaning of operator

169

References in this Order to the operator of an aircraft are, for the purposes of the application of any provision of this Order in relation to a particular aircraft, references to the person who at the relevant time has the management of the aircraft.

Meaning of aerodrome traffic zone

170

  • (1) Subject to paragraphs (3) and (8), the aerodrome traffic zone of a notified aerodrome that is not on an offshore installation and at which the length of the longest runway is notified as 1850 metres or less is that specified in paragraph (2).
  • (2) The aerodrome traffic zone at an aerodrome referred to in paragraph (1) is the airspace extending from the surface to a height of 2000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of two nautical miles.
  • (3) Paragraph (4) applies if—
  • (a) the aerodrome traffic zone specified in paragraph (2) would extend less than 1½ nautical miles beyond the end of a runway at the aerodrome; and
  • (b) this paragraph is notified as being applicable.
  • (4) The aerodrome traffic zone is that specified in paragraph (5) as though the length of the longest runway at the aerodrome were notified as greater than 1850 metres.
  • (5) Subject to paragraph (8), the aerodrome traffic zone of a notified aerodrome that is not on an offshore installation and at which the length of the longest runway is notified as greater than 1850 metres is that specified in paragraph (6).
  • (6) The aerodrome traffic zone is the airspace extending from the surface to a height of 2000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified midpoint of the longest runway and having a radius of 2½ nautical miles.
  • (7) Subject to paragraph (8), the aerodrome traffic zone of a notified aerodrome that is on an offshore installation is the airspace extending from mean sea level to 2000 feet above mean sea level and within 1½ nautical miles of the offshore installation.
  • (8) The aerodrome traffic zone of a notified aerodrome excludes any airspace that is within the aerodrome traffic zone of another aerodrome that is notified for the purposes of this article as being the controlling aerodrome.

Meaning of aerial work

171

  • (1) Subject to Part 28, aerial work means a purpose, other than commercial air transport, for which an aircraft is flown if valuable consideration is given or promised for the flight or the purpose of the flight.
  • (2) Aerial work consists of instruction or testing in a club environment if it consists of the giving of instruction in flying or the conducting of flying tests for the purposes of this Order in an aircraft owned by, operated by or operated under arrangements entered into by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.

PART 28 — Commercial air transport and aerial work

Application of Part

172

This Part applies to a commercial air transport flight by 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).

Commercial air transport – special rules for hire of aircraft

173

  • (1) Subject to the provisions of this article and this Part, an aircraft in flight is to be taken to fly for the purpose of commercial air transport for the purposes of Part 3 and Part 4 (other than articles 32(2) and 34(2), if valuable consideration is given or promised for the primary purpose of conferring on a particular person the right to fly the aircraft on the flight.
  • (2) Paragraph (1) does not apply to a single-seat aircraft that has a maximum total mass authorised of not more than 910kg otherwise than under a hire-purchase or conditional sale agreement.
  • (3) Paragraph (1) does not apply if the only such valuable consideration is paid under a hire-purchase or conditional sale agreement.
  • (4) Notwithstanding that an aircraft may be flying for the purpose of commercial air transport by reason of paragraph (1), it is not flying for the purpose of the commercial air transport of passengers unless valuable consideration is given or promised for the carriage of the passengers.
  • (5) A glider is not flying for the purpose of commercial air transport for the purposes of Part 3 and Part 4 by virtue of paragraph (1) if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on the flight is given or promised by a member of a flying club and the glider is owned or operated by the flying club.
  • (6) Notwithstanding the giving or promising of valuable consideration specified in paragraph (1) for the flight or the purpose of the flight, it is a private flight —
  • (a) subject to sub-paragraph (b), for all purposes other than Part 3 and Part 4; and
  • (b) for the purposes of articles 32(2) and 34(2).

Commercial air transport – special rule for associations of persons

174

  • (1) A transaction is effected in accordance with this paragraph if, under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member of the association on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that valuable consideration would be given or promised if the transaction were effected in a different manner.
  • (2) If a transaction is effected in accordance with paragraph (1) valuable consideration is, for the purposes of this Order, to be taken to have been given or promised, notwithstanding any rule of law as to such transactions.

Commercial air transport – special rule for groups of companies

175

  • (1) In considering if valuable consideration is given or promised for a flight there is to be disregarded any valuable consideration given or promised for a flight or for the purpose of a flight by one company to another company that is—
  • (a) its holding company;
  • (b) its subsidiary; or
  • (c) another subsidiary of the same holding company.
  • (2) For the purposes of this article two or more companies are to be treated as subsidiaries of the same holding company if one (and only one) individual is in such a relationship to them that, if that individual were a holding company, they would be subsidiaries of that company.
  • (3) In this article “holding company” and “subsidiary” have the meanings respectively specified in section 1159 of the Companies Act 2006[^f00043].

Commercial air transport and aerial work – exceptions – flying displays

176

  • (1) A flight is, for the purposes of Part 7, a private flight if —
  • (a) the flight is of a sort described in paragraph (2); and
  • (b) the only valuable consideration for the flight or for the purpose of the flight is of a sort described in paragraph (3).
  • (2) A flight is of a sort described in this paragraph if it is—
  • (a) wholly or principally for the purpose of taking part in an aircraft race, contest or flying display;
  • (b) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (a) and is made with the intention of carrying out such a flight; or
  • (c) for the purpose of returning after such a flight as is specified in sub-paragraph (a) to a place at which the aircraft is usually based.
  • (3) Valuable consideration is of a sort described in this paragraph if it is one or more of the following—
  • (a) valuable consideration specified in article 173(1);
  • (b) in the case of an aircraft owned in accordance with article 180(2), valuable consideration which falls within article 180(3);
  • (c) valuable consideration given or promised to the owner or operator of an aircraft taking part in such a race, contest or flying display and such valuable consideration is not more than the direct costs of the flight and a contribution to the annual costs of the aircraft which contribution must bear no greater proportion to the total annual costs of the aircraft than the duration of the flight bears to the annual flying hours of the aircraft; or
  • (d) one or more prizes awarded to the pilot in command of an aircraft taking part in an aircraft race or contest to a value that must not exceed £500 for any one race or contest except with the permission of the Department granted to the organiser of the race or contest.
  • (4) A prize falling within paragraph (3)(d) is to be taken for the purposes of this Order not to constitute remuneration for services as a pilot.

Commercial air transport and aerial work – exceptions – charity flights

177

  • (1) Subject to paragraph (2), a flight is a private flight if the only valuable consideration given or promised for the flight or the purpose of the flight is one or more of the following—
  • (a) valuable consideration specified in article 173(1);
  • (b) in the case of an aircraft owned in accordance with article 180(2), valuable consideration that falls within article 180(3); or
  • (c) valuable consideration given or promised to a registered charity that is not the operator of the aircraft and the flight is made with the permission of the Department and in accordance with any conditions specified in it.
  • (2) If valuable consideration specified in article 173(1) is given or promised the flight is a commercial air transport flight for the purposes of Part 3 and Part 4 (other than articles 32(2) and 34(2).

Commercial air transport and aerial work – exceptions – cost sharing

178

  • (1) Subject to paragraph (4), a flight is a private flight if—
  • (a) the only valuable consideration given or promised for the flight or the purpose of the flight is of a sort described in paragraph (2); and
  • (b) the criteria in paragraph (3) are satisfied.
  • (2) Valuable consideration is of a sort described in this paragraph if it is one or more of the following—
  • (a) valuable consideration specified in article 173(1);
  • (b) in the case of an aircraft owned in accordance with article 180(2), valuable consideration that falls within article 180(3); or
  • (c) a contribution to the direct costs of the flight otherwise payable by the pilot in command.
  • (3) The criteria in this paragraph are satisfied if —
  • (a) no more than four persons (including the pilot) are carried;
  • (b) the proportion that the contribution referred to in paragraph (2)(c) bears to the direct costs is not more than the proportion that the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried (including the pilot);
  • (c) no information has been published or advertised before the commencement of the flight other than, in the case of an aircraft operated by a flying club, advertising wholly within the premises of the flying club in which case all the persons carried on such a flight who are aged 18 years or over must be members of that flying club; and
  • (d) no person acting as a pilot is employed as a pilot by, or is a party to a contract for the provision of services as a pilot with, the operator of the aircraft that is being flown.
  • (4) If valuable consideration specified in article 173(1) is given or promised the flight is a commercial air transport flight for the purposes of Part 3 and Part 4 (other than articles 32(2) and 34(2)).

Commercial air transport and aerial work – exceptions – recovery of direct costs

179

  • (1) Subject to paragraphs (2) and (3), a flight is a private flight if the only valuable consideration given or promised for the flight or the purpose of the flight is one or more of the following—
  • (a) valuable consideration specified in article 173(1);
  • (b) in the case of an aircraft owned in accordance with article 180(2), valuable consideration that falls within article 180(3);
  • (c) the payment of the whole or part of the direct costs otherwise payable by the pilot in command by or on behalf of the employer of the pilot in command, or by or on behalf of a body corporate of which the pilot in command is a director.
  • (2) Neither the pilot in command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried on the flight.
  • (3) If valuable consideration specified in article 173(1) is given or promised the flight is a commercial air transport flight for the purposes of Part 3 and Part 4 (other than articles 37(2) and 39(2)).

Commercial air transport and aerial work – exceptions – jointly owned aircraft

180

  • (1) A flight is a private flight if the aircraft falls within paragraph (2) and the only valuable consideration given or promised for the flight or the purpose of the flight falls within paragraph (3).
  • (2) An aircraft falls within this paragraph if it is owned —
  • (a) jointly by persons (each of whom is a natural person) who each hold not less than a 5% beneficial share and—
  • (i) the aircraft is registered in the names of all the joint owners; or
  • (ii) the aircraft is registered in the name or names of one or more of the joint owners as trustee or trustees for all the joint owners and written notice has been given to the Department of the names of all the persons beneficially entitled to a share in the aircraft; or
  • (b) by a company in the name of which the aircraft is registered and the registered shareholders of which (each of whom is a natural person) each hold not less than 5% of the shares in that company.
  • (3) Valuable consideration falls within this paragraph if it is given or promised by one or more of the joint owners of the aircraft or registered shareholders of the company that owns the aircraft and is either or both —
  • (a) in respect of and no greater than the direct costs of the flight; or
  • (b) in respect of the annual costs.

SCHEDULE 1 — Conditions referred to in article 15(2)(d)

1

An aircraft registered in the Isle of Man may fly for a purpose set out in paragraph 2 or 3 subject to the conditions contained in paragraphs 4 to 7 when either—

  • (a) it does not have a certificate of airworthiness duly issued or rendered valid under the law of the Isle of Man; or
  • (b) the certificate of airworthiness or the certificate of validation issued under article 16 issued for the aircraft has ceased to be in force by virtue of any of the matters specified in article 17.

2

The purposes in the case of an aircraft falling within paragraph 1(a) are that the aircraft may fly only so as to enable it to—

  • (a) qualify for the issue, renewal or validation of a certificate of airworthiness after an application has been made for such issue, renewal or validation, or carry out a functional check of a previously approved modification of the aircraft;
  • (b) proceed to or from a place at which any inspection, repair, modification, maintenance, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place or has taken place for a purpose referred to in sub-paragraph (a), after any relevant application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or
  • (c) proceed to or from a place at which the aircraft is to be or has been stored.

3

The purposes in the case of an aircraft falling within paragraph 1(b) are that the aircraft may fly only so as to enable it to—

  • (a) proceed to a place at which any maintenance or inspection required by article 17(1)(b) is to take place; or
  • (b) proceed to a place at which any maintenance, inspection or modification required by article 17(1)(c), (d) or (e) is to take place and for which flight the Department has given permission in writing; or
  • (c) carry out a functional check, test or in-flight adjustment in connection with the carrying out in a manner approved by the Department of any overhaul, repair, previously approved modification, inspection or maintenance required by article 17.

4

The aircraft, including any modifications, must be of a design which previously has been approved by the Department, or by an organisation approved for that purpose by the Department, as being compliant with a standard accepted by the Department as appropriate for the issue of a certificate of airworthiness.

5

The aircraft and its engines must be certified as fit for flight by the holder of an aircraft maintenance engineer’s licence granted under this Order, being a licence which entitles the holder to issue that certificate or by a person approved by the Department for the purpose of issuing certificates under this condition, and in accordance with that approval.

6

The aircraft must carry the minimum flight crew specified in any certificate of airworthiness or validation or flight manual which has previously been in force under this Order for the aircraft, or is or has previously been in force for any other aircraft of identical design.

7

The aircraft must not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose specified in paragraph 2 or 3.

8

For the purpose of this Schedule “a previously approved modification” means a modification which has previously been approved by the Department or by an organisation approved for that purpose by the Department for that aircraft or another aircraft of the same type.

SCHEDULE 2 — Classification and marking of aircraft and dealer certification

PART 1 — Classification of aircraft

Col 1 Col 2 Col 3
(1) Lighter than air aircraft (a) non-power driven (i) Free balloon
(1) Lighter than air aircraft (a) non-power driven (ii) Captive balloon
(1) Lighter than air aircraft (b) power-driven (i) Airship
(2) Heavier than air aircraft (a) non-power driven (i) Glider
(2) Heavier than air aircraft (a) non-power driven (ii) Kite
(2) Heavier than air aircraft (b) power-driven flying machines (i) Aeroplane (landplane)
(2) Heavier than air aircraft (b) power-driven flying machines (ii) Aeroplane (seaplane)
(2) Heavier than air aircraft (b) power-driven flying machines (iii) Aeroplane (amphibian)
(2) Heavier than air aircraft (b) power-driven flying machines (iv) Aeroplane (self-launching motor glider)
(2) Heavier than air aircraft (b) power-driven flying machines (v) Small unmanned aircraft
(2) Heavier than air aircraft (b) power-driven flying machines (vi) Small unmanned surveillance aircraft
(2) Heavier than air aircraft (b) power-driven flying machines (vii) Powered Lift (tilt rotor)
(2) Heavier than air aircraft (b) power-driven flying machines (viii) Rotorcraft—
(2) Heavier than air aircraft (b) power-driven flying machines (aa) Helicopter
(2) Heavier than air aircraft (b) power-driven flying machines (bb) Gyroplane

PART 2 — Conditions in aircraft dealer’s certificate

1

The operator of the aircraft must be the registered owner of the aircraft and the holder of an aircraft dealer’s certificate granted under this Order.

2

The aircraft may fly only for the purpose of—

  • (a) testing the aircraft;
  • (b) demonstrating the aircraft with a view to the sale of that aircraft or of other similar aircraft;
  • (c) proceeding to or from a place at which the aircraft is to be tested or demonstrated as aforesaid, or overhauled, repaired or modified;
  • (d) delivering the aircraft to a person who has agreed to buy, lease or sell it; or
  • (e) proceeding to or from a place for the purpose of storage.

3

Without prejudice to article 46 the operator of the aircraft must be satisfied before the aircraft takes off that the aircraft is in every way fit for the intended flight.

4

The aircraft may fly only within the Isle of Man.

PART 3 — Nationality and registration marks of aircraft registered in the Isle of Man

General

1

  • (1) The nationality mark of the aircraft is the capital letter “M” in Roman character.
  • (2) The registration mark is a group of four capital letters in Roman character assigned by the Department on the registration of the aircraft.
  • (3) The letters must be without ornamentation.
  • (4) A hyphen must be placed between the nationality mark and the registration mark.
  • (5) The nationality and registration marks must be displayed to the best advantage, taking into consideration the constructional features of the aircraft and must always be kept clean and visible.
  • (6) The letters constituting each group of marks must—
  • (a) be of equal height; and
  • (b) together with the hyphen, all be of the same single colour which must clearly contrast with the background on which they appear.
  • (7) The nationality and registration marks must also be inscribed on a fire-proof metal plate affixed in a prominent position—
  • (a) in the case of a microlight aeroplane, either on the fuselage or car or on the wing;
  • (b) in the case of a balloon, on the basket or envelope;
  • (c) in the case of any other aircraft on the fuselage or car.
  • (8) The nationality and registration marks must be painted on the aircraft, or affixed to the aircraft by any other means ensuring a similar degree of permanence, in the manner specified in paragraphs 2, 3 and 4 of this Part.

Position and size of marks – heavier than air aircraft

2

  • (1) The position and size of marks on heavier than air aircraft (excluding kites) must be as specified in this paragraph.
  • (2) On such aircraft having a fixed wing surface—
  • (a) the marks must appear on the lower horizontal surface of the wing structure and on the port wing unless they extend across the whole surface of both wings;
  • (b) so far as is possible the marks must be located equidistant from the leading and trailing edges of the wings;
  • (c) the tops of the letters of its marks must be towards the leading edge of the wing;
  • (d) the height of the letters of its marks must be—
  • (i) subject to sub-paragraph (ii), at least 500 millimetres;
  • (ii) if the wings are not large enough for the marks to be 500 millimetres in height, of the greatest height practicable in the circumstances.
  • (3) On the fuselage (or equivalent structure) and vertical tail surfaces of such aircraft—
  • (a) the marks must also appear either—
  • (i) on each side of the fuselage (or equivalent structure), and must, in the case of fixed wing aircraft be located between the wings and the horizontal tail surface; or
  • (ii) on the vertical tail surfaces;
  • (b) when located on a single vertical tail surface, the marks must appear on both sides;
  • (c) when located on multi-vertical tail surfaces, the marks must appear on the outboard sides of the outer-surfaces;
  • (d) subject to sub-paragraphs (f) and (g), the height of the letters constituting each group of marks must be at least 300 millimetres;
  • (e) if one of the surfaces authorised for displaying the required marks is large enough for those marks to be 300 millimetres in height (whilst complying with sub-paragraph (g)) and the other is not, marks of 300 millimetres in height must be placed on the largest authorised surface;
  • (f) if neither authorised surface is large enough for marks of 300 millimetres in height (whilst complying with sub-paragraph (g)), marks of the greatest height practicable in the circumstances must be displayed on the larger of the two authorised surfaces;
  • (g) marks on the vertical tail surfaces must be such as to leave a margin of at least 50 millimetres along each side of the vertical tail surface.
  • (4) On rotary wing aircraft where owing to the structure of the aircraft the greatest height practicable for the marks on the side of the fuselage (or equivalent structure) is less than 300 millimetres —
  • (a) the marks must also appear on the lower surface of the fuselage as close to the line of symmetry as practicable;
  • (b) they must be placed with the tops of the letters towards the nose;
  • (c) the height of the letters constituting each group of marks must be—
  • (i) subject to sub-paragraph (ii), at least 500 millimetres; or
  • (ii) if the lower surface of the fuselage is not large enough for the marks to be of 500 millimetres in height, of the greatest height practicable in the circumstances.
  • (5) Wherever in this paragraph marks of the greatest height practicable in the circumstances are required, that height must be such as is consistent with compliance with paragraph 4 of this Part.

Position and size of marks – airships and free balloons

3

  • (1) The position and size of marks on airships and free balloons must be as specified in this paragraph.
  • (2) In the case of airships the marks must be—
  • (a) placed on each side of the airship; and
  • (b) placed horizontally either on the hull near the maximum cross-section of the airship or on the lower vertical stabiliser.
  • (3) In the case of free balloons, the marks must be in two places on diametrically opposite sides of the balloon.
  • (4) In the case of both airships and free balloons—
  • (a) the side marks must be so placed as to be visible from the sides and from the ground; and
  • (b) the height of the letters must be at least 500 millimetres.

Width, spacing and thickness of marks

4

  • (1) For the purposes of this paragraph—
  • (a) “standard letter” means any letter other than the letters I, M and W;
  • (b) the width of each standard letter and the length of the hyphen between the nationality mark and the registration mark must be two thirds of the height of a letter;
  • (c) the width of the letters M and W must be neither less than two thirds of their height nor more than their height; and
  • (d) the width of the letter I must be one sixth of the height of the letter.
  • (2) The thickness of the lines comprising each letter and hyphen must be one sixth of the height of the letters forming the marks.
  • (3) Each letter and hyphen must be separated from the letter or hyphen which it immediately precedes or follows by a space equal to either one quarter or one half of the width of a standard letter.
  • (4) Each such space must be equal to every other such space within the marks.

SCHEDULE 3 — Aircraft equipment

1

  • (1) Every aircraft of a description specified in the first column of the Table in paragraph 4 which must carry equipment specified in this Schedule must be provided, if flying in the circumstances specified in the second column of the said Table, with adequate equipment.
  • (2) For the purpose of this paragraph the expression “adequate equipment” means, subject to sub-paragraphs (3) and (4), the scales of equipment respectively indicated in the third column of that Table.
  • (3) If the aircraft is flying in a combination of such circumstances, the scales of equipment are not on that account required to be duplicated.
  • (4) Equipment carried in an aircraft that is necessary for the airworthiness of the aircraft is to be taken into account in determining whether this Schedule is complied with for that aircraft.

2

  • (1) For the purposes of the Table in paragraph 4 flying time in relation to a helicopter or gyroplane is to be calculated on the assumption that it is flying in still air at the speed specified in the relevant flight manual as the speed for compliance with regulations governing flights over water.
  • (2) In this Schedule “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.

3

The following items of equipment are not required to be of a type approved by the Department —

  • (a) the equipment referred to in Scale A(2);
  • (b) first aid equipment and handbook, referred to in Scale A(3);
  • (c) time-pieces, referred to in Scale F;
  • (d) torches, referred to in Scales G and K;
  • (e) whistles and survivor locator lights, referred to in Scale H;
  • (f) sea anchors, referred to in Scales J and K;
  • (g) rocket signals, referred to in Scale J;
  • (h) equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale J;
  • (i) paddles, referred to in Scale K;
  • (j) food and water, referred to in Scales K, U and V;
  • (k) first aid equipment, referred to in Scales K, U and V;
  • (l) stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic suits, referred to in Scale V;
  • (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Table

Description of aircraft Circumstances of flight Scale of Equipment required
(1) Aeroplanes flying on any flight— A, B(1), (2), (3), (4), (5) and (6)
(i) by night C, D, G(2) and (3) and GG
(ii) flying under Instrument Flight Rules—
(aa) outside controlled airspace D
(bb) within Class A, B, C or D airspace E with E(4) duplicated and F
(cc) within Class D or E airspace E and F
(iii) carrying out aerobatic manoeuvres B(8) and (9)
(iv) flying at a height of 13,000ft or more above mean sea level L1 or L2
(v) flying over water—
(aa) beyond gliding distance from land suitable for an emergency landing H
(bb) at a greater distance from land suitable for making an emergency landing than that corresponding to 30 minutes at cruising speed or 100 nautical miles, whichever is the less H and K
(cc) at a distance of more than 10 minutes flying time at normal cruising speed away from land suitable for making an emergency landing KK(1) or KK(2)
(vi) flying over areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, and where — KK(2)
(aa) in the event of an emergency landing, tropical conditions are likely to be met U (except U(1))
(bb) in the event of an emergency landing, polar conditions are likely to be met V (except V(1))
(vii) on all flights which involve manoeuvres on water H, J and K(1), (2) and (3)
(viii) with a certificate of airworthiness A(3) and (5)
(ix) on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met M
(x) on all flights by a pressurised aircraft R
(xi) flying at an altitude of more than 49,000 ft W
(2) Pressurised aeroplanes operating in areas where thunderstorms or other potentially hazardous weather conditions are likely to be encountered flying on any flight O
(3) Turbine-engined aeroplanes having a maximum total mass authorised of more than 5700 kg and piston-engined aeroplanes having a maximum total mass authorised of more than 27,000 kg except aeroplanes falling within paragraph (4) or (5) flying on any flight P
(4) Aeroplanes —(a) having a maximum total mass authorised of more than 5700 kg but not more than 11,400 kg,(b) in respect of which there is in force a certificate of airworthiness, or an application for a certificate of airworthiness has been made and not withdrawn or refused, and(c) which conform to a type first issued with a type certificate on or after 1st April 1971 flying on any flight S(1)
(5) Aeroplanes for which a certificate of airworthiness was first issued on or after 1st June 1990 and which have a maximum total mass authorised of more than 27,000 kg flying on any flight S(2)
(6) Aeroplanes —(a) having a maximum total mass authorised of more than 27,000 kg,(b) in respect of which there is in force a certificate of airworthiness, or an application for a certificate of airworthiness has been made and not withdrawn or refused, and(c) which conform to a type first issued with a type certificate on or after 1st April 1971 (or 1st January 1970 in the case of an aeroplane having a maximum total mass authorised of more than 230,000 kg) flying on any flight T
(7) Aeroplanes —(a) having a maximum total mass authorised of more than 5700 kg or with a maximum approved passenger seating configuration of more than 9;(b) in respect of which there is in force a certificate of airworthiness; and(c) which are powered by one or more turbine jets or one or more turbine propeller engines flying on any flight X(1) or X(2)
(8) Aeroplanes —
(a) having a maximum total mass authorised of more than 22,700 kg and powered by one or more turbo-jets; or flying by night Z(1) and (2)
(b) having a maximum total mass authorised of more than 5700 kg and conforming to a type for which a certificate of airworthiness was first applied for after 30th April 1972, but not including any aeroplane which in the opinion of the Department is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane in respect of which an application for a certificate of airworthiness was first made before that date; or flying by night Z(1) and (2)
(c) having a maximum approved passenger seating configuration of more than 19 flying by night Z(1)
(9) Aeroplanes —(a) powered by one or more turbine jets; or(b) powered by one or more turbine propeller engines, having a maximum total mass authorised of more than 5700 kg and first issued with a certificate of airworthiness in the Isle of Man or the United Kingdom on or after 1st April 1989 flying on any flight AA
(10) Helicopters and gyroplanes flying on any flight — A(1), (2), (3) and (4) and B(1), (2), (3), (4), (5) and (6)
(i) flying by day under Visual Flight Rules—
(aa) with the surface in sight D
(bb) when the surface is not in sight E
(ii) flying by day under Instrument Flight Rules —
(aa) with the surface in sight E
(bb) when the surface is not in sight outside controlled airspace E with E(2) duplicated
(cc) when the surface is not in sight within controlled airspace E with both E(2) and E(4) duplicated and F
(iii) flying by night —
(aa) with the surface in sight C, E and G(3), (5) and (6)
(bb) when the surface is not in sight outside controlled airspace C, E with E(2) duplicated and G(3), (5) and (6)
(cc) when the surface is not in sight within controlled airspace C, E with both E(2) and E(4) duplicated , F and G(3), (5) and (6)
(iv) flying at a height of 13,000 ft or more above mean sea level L1 or L2
(v) flying over water —
(aa) beyond autorotational gliding distance from land suitable for an emergency landing H
(bb) on all flights on which in the event of any 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 helicopter or gyroplane would be forced to land onto water H
(cc) at a distance of more than 10 minutes flying time at normal cruising speed away from land suitable for making an emergency landing KK(1) or KK(2)
(vi) flying over areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, and where — KK(2)
(aa) in the event of an emergency landing, tropical conditions are likely to be met U (except U(1))
(bb) in the event of an emergency landing, polar conditions are likely to be met V (except V(1))
(vii) where the flight involves manoeuvres on water H, J and K
(viii) when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met M
(ix) flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met U
(x) flying over substantially uninhabited land or other areas where, in the event of an emergency landing, polar conditions are likely to be met V
(11) Helicopters and gyroplanes - flying at a height of 10,000ft or more above mean sea level
(a) having a certificate of airworthiness first issued before 1st January 1989; or L1 or L2
(b) having a certificate of airworthiness first issued on or after 1st January 1989 L2
(12) Helicopters and gyroplanes - flying by night
(a) having a maximum total mass authorised of more than 5700 kg and conforming to a type for which a certificate of airworthiness was first applied for on or after 30th April 1972, but not including any helicopter or gyroplane which in the opinion of the Department is identical in all matters affecting the provision of emergency evacuation facilities to a helicopter or gyroplane for which a certificate of airworthiness was first applied for before that date; Z(1) and (2)
(b) having a maximum approved passenger seating configuration of more than 19, but not including a helicopter or gyroplane falling within (a) above; or Z(1)
(c) which are public transport helicopters or gyroplanes for which there is in force a certificate of airworthiness; and
(i) which have a maximum total mass authorised of more than 2730kg but not more than 7000kg or with a maximum approved passenger seating configuration of more than 9 or both; or flying on any flight SS(1) or SS(3)
(ii) which have a maximum total mass authorised of more than 7000kg flying on any flight SS(1) or SS(3)

5

The scales of equipment indicated in the Table at paragraph 4 are as follows—

SCHEDULE 4 — Radio communication and radio navigation equipment of aircraft

1

Subject to paragraph 2, every aircraft which must carry equipment specified in this Schedule must be provided, when flying in the circumstances specified in the first column of the Table in paragraph 5 of this Schedule, with the scales of equipment respectively indicated in the second column of that Table.

2

In the case of sub-paragraphs (1), (3), (4), (5), (6), (8) and (9) of paragraph 5, the specified equipment need not be carried if the appropriate air traffic control unit permits flight to commence without that equipment and the aircraft complies with any instructions which the air traffic control unit may give in the particular case.

3

An aircraft which is not a commercial air transport aeroplane or a commercial air transport aircraft and which is flying in Class D or Class E airspace need not carry distance measuring equipment in accordance with paragraph (b) of Scale F when flying in the circumstances specified in sub-paragraph (1)(a) of paragraph 5.

4

If an aircraft is flying in a combination of circumstances specified in the first column of the Table in paragraph 5 the scales of equipment are not on that account required to be duplicated.

5

Table

Aircraft and circumstances of flight Scale of equipment required Scale of equipment required Scale of equipment required Scale of equipment required Scale of equipment required Scale of equipment required Scale of equipment required Scale of equipment required Scale of equipment required
Aircraft and circumstances of flight A B C D E F G H J
(1) All aircraft (other than gliders) within the Isle of Man—
(a) flying under Instrument Flight Rules within controlled airspace A E2 F
(b) flying within controlled airspace A
(c) making an approach to landing at an aerodrome notified for the purpose of this sub-paragraph G
(d) flying within controlled airspace of Class A, B or C E2
(e) flying at night A
(f) conducting extended flights over water A
(g) conducting flights over land areas where search and rescue would be especially difficult A
(2) All multi-engined aircraft within the Isle of Man when flying under Visual Flight Rules A
(3) All aircraft within the Isle of Man —
(a) flying at or above flight level 195 A
(b) flying within airspace notified for the purpose of this sub-paragraph A
(4) All gliders and SLMGs within the Isle of Man—
(a) flying at or above flight level 100 except when flying within airspace notified for the purposes of this sub-paragraph, E2
(b) flying under Instrument Flight Rules within controlled airspace, E2
(c) flying within controlled airspace of Class A, B or C except when flying within airspace notified as a Temporary Reserved Area (Gliding), or E2
(d) flying within airspace notified for the purposes of this sub-paragraph E2
(5) All aircraft (other than gliders) within the Isle of Man —
(a) flying at or above flight level 245, E2 F
(b) flying within airspace notified for the purpose of this sub-paragraph, or E2
(c) flying at or above flight level 100 E2
(6) When flying under Instrument Flight Rules within airspace notified for the purposes of this paragraph—
(a) all aeroplanes having a maximum take-off mass authorised of not more than 5700 kg and a maximum cruising true airspeed capability of not more than 250 knots E2
(b) all rotorcraft E2
(c) all aeroplanes having either a maximum take-off mass authorised of more than 5700 kg or a maximum cruising true airspeed capability of more than 250 knots E3
(7) All aircraft required to carry Scale E2 or E3 EE
(8) All aeroplanes—(a) registered in the Isle of Man, and(b) wherever registered, when flying in the Isle of Man,while making an approach to landing G
(9) All aircraft (other than gliders and SLMGs) registered in the Isle of Man, wherever they may be, when flying under Instrument Flight Rules A D H
(10) All aeroplanes registered in the Isle of Man, wherever they may be, and all aeroplanes wherever registered when flying in the Isle of Man, powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off mass of more than 15,000 kg or with a maximum approved passenger seating configuration of more than 30 J
(11) All aeroplanes powered by one or more turbine jets or turbine propeller engines and either having a maximum take-off mass of more than 5,700 kg but not exceeding 15,000 kg, or with a maximum approved passenger seating configuration of more than 19 seats, for which the individual airworthiness certificate is first issued after 1 January 2008, which are— (a) registered in the Isle of Man wherever they may be, or(b) wherever registered flying in the Isle of Man. J

6

The scales of radio communication and radio navigation equipment indicated in the Table at paragraph 3 are as follows—

7

In this Schedule—

  • (a) “Airborne collision avoidance system” means an aeroplane system which—
  • (i) conforms to requirements prescribed for the purpose;
  • (ii) is based on secondary surveillance radar transponder signals;
  • (iii) operates independently of ground based equipment; and
  • (iv) is designed to provide advice and appropriate avoidance manoeuvres to the pilot in relation to other aeroplanes which are equipped with secondary surveillance radar and are in undue proximity;
  • (b) “Automatic direction finding equipment” means radio navigation equipment which automatically indicates the bearing of any radio station transmitting the signals received by such equipment;
  • (c) “Distance measuring equipment” means radio equipment capable of providing a continuous indication of the aircraft’s distance from the appropriate aeronautical radio stations;
  • (d) “Mode A” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for identity and surveillance with identity provided in the form of a four digit identity code;
  • (e) “Mode C” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for automatic pressure-altitude transmission and surveillance;
  • (f) “Secondary surveillance radar equipment” means such type of radio equipment as may be notified as being capable of—
  • (i) replying to an interrogation from secondary surveillance radar units on the surface; and
  • (ii) being operated in accordance with such instructions as may be given to the aircraft by the appropriate air traffic control unit;
  • (g) “VHF omni-range equipment” means radio navigation equipment capable of giving visual indications of bearings of the aircraft by means of signals received from very high frequency omni-directional radio ranges.

SCHEDULE 5 — Aircraft, engine and propeller log books

Aircraft log book

1

The following entries must be included in the aircraft log book—

  • (a) the name of the constructor, the type of the aircraft, the number assigned to it by the constructor and the date of the construction of the aircraft;
  • (b) the nationality and registration marks of the aircraft;
  • (c) the name and address of the operator of the aircraft;
  • (d) the date of each flight and the duration of the period between take-off and landing, or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day;
  • (e) subject to paragraph 2, detailed information about all maintenance work carried out on the aircraft or its equipment;
  • (f) subject to paragraph 2, detailed information about any defects occurring in the aircraft or in any equipment required to be carried by or under this Order, and of the action taken to rectify such defects; and
  • (g) subject to paragraph 2, detailed information about any overhauls, repairs, replacements and modifications relating to the aircraft or any such equipment as aforesaid.

2

Entries are not required to be made under paragraph 1(e), (f) and (g) for any engine or variable pitch propeller.

Engine log book

3

The following entries must be included in the engine log book—

  • (a) the name of the constructor, the type of engine, the number assigned to it by the constructor and the date of the construction of the engine;
  • (b) the nationality and registration marks of each aircraft in which the engine is fitted;
  • (c) the name and address of the operator of each such aircraft;
  • (d) either—
  • (i) the date of each flight and the duration of the period between take-off and landing or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day; or
  • (ii) the aggregate duration of periods between take-off and landing for all flights made by that aircraft since the immediately preceding occasion that any maintenance, overhaul, repair, replacement, modification or inspection was undertaken on the engine;
  • (e) detailed information about all maintenance work done on the engine;
  • (f) detailed information about any defects occurring in the engine, and of the rectification of such defects; and
  • (g) detailed information about all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.

Variable pitch propeller log book

4

The following entries must be included in the variable pitch propeller log book—

  • (a) the name of the constructor, the type of propeller, the number assigned to it by the constructor and the date of the construction of the propeller;
  • (b) the nationality and registration marks of each aircraft, and the type and number of each engine, to which the propeller is fitted;
  • (c) the name and address of the operator of each such aircraft;
  • (d) either—
  • (i) the date of each flight and the duration of the period between take-off and landing or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-offs and landings on that day; or
  • (ii) the aggregate duration of periods between take-off and landing for all flights made by that aircraft since the immediately preceding occasion that any maintenance, overhaul, repair, replacement, modification or inspection was undertaken on the propeller;
  • (e) detailed information about all maintenance work done on the propeller;
  • (f) detailed information about any defects occurring in the propeller, and of the rectification of such defects; and
  • (g) detailed information about any overhauls, repairs, replacements and modifications relating to the propeller.

SCHEDULE 6 — Flight crew licences

PART 1 — Categories

  • Aeroplane pilots
  • United Kingdom National Private Pilot’s Licence (Aeroplanes)
  • Private Pilot’s Licence (Aeroplanes)
  • Commercial Pilot’s Licence (Aeroplanes)
  • Airline Transport Pilot’s Licence (Aeroplanes)
  • Helicopter pilots
  • Private Pilot’s Licence (Helicopters)
  • Commercial Pilot’s Licence (Helicopters)
  • Airline Transport Pilot’s Licence (Helicopters)
  • Other flight crew
  • Flight Navigator’s Licence
  • Flight Engineer’s Licence
  • Flight Radiotelephony Operator’s Licence

PART 2 — Exceptions to flight licence requirement

Exception to act as flight radiotelephony operator

1

  • (1) A person may act as a flight radiotelephony operator within the Isle of Man without being the holder of an appropriate licence rendered valid under this Order, if the conditions in sub-paragraph (2) apply.
  • (2) The conditions referred to in sub-paragraph (1) are that the person is—
  • (a) the pilot of a glider on a private flight and does not communicate by radiotelephony with any air traffic control unit, flight information unit or air/ground communications service unit; or
  • (b) being trained in an aircraft registered in the Isle of Man to perform duties as a member of the flight crew of an aircraft and is authorised to operate the radiotelephony station by the holder of the licence granted for that station under any enactment.

Exception for solo flying training

2

  • (1) A person may act as the pilot in command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence within the Isle of Man, without being the holder of an appropriate licence rendered valid under this Order, if the conditions in sub-paragraph (2) are satisfied.
  • (2) The conditions referred to in sub-paragraph (1) are that—
  • (a) the person is at least 16 years of age;
  • (b) the person is the holder of a valid medical certificate to the effect that the person is fit to act as pilot in command, issued by a person approved by the Department;
  • (c) the person complies with any conditions subject to which that medical certificate was issued;
  • (d) no other person is carried in the aircraft;
  • (e) the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and
  • (f) the person acts in accordance with instructions given by another person holding a pilot’s licence rendered valid under this Order or a JAA licence, in each case being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling that other person to give instruction in flying the type of aircraft being flown.

Exception for dual flying training

3

  • (1) A person may act as the pilot of an aircraft of which the flight crew required to be carried by or under this Order is not more than one pilot for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence within the Isle of Man, without being the holder of an appropriate licence rendered valid under this Order, if the conditions in sub-paragraph (2) are satisfied.
  • (2) The conditions referred to in sub-paragraph (1) are that—
  • (a) the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests;
  • (b) the person acts in accordance with instructions given by another person holding a pilot’s licence rendered valid under this Order or a JAA licence, in each case being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling that other person to give instruction in flying the type of aircraft being flown; and
  • (c) either —
  • (i) the aircraft is fitted with dual controls and the person is accompanied in the aircraft by the instructor who is seated at the other set of controls; or
  • (ii) the aircraft is fitted with controls designed for and capable of use by two persons and the person is accompanied in the aircraft by the instructor who is seated so as to be able to use the controls.

Exception for gyroplanes at night

4

  • (1) A person may act as pilot in command of a gyroplane at night within the Isle of Man without being the holder of an appropriate licence rendered valid under this Order if the conditions in sub-paragraph (2) are satisfied.
  • (2) The conditions referred to in sub-paragraph (1) are that—
  • (a) the person is the holder of an appropriate licence rendered valid under this Order in all respects save that—
  • (i) the licence does not include an instrument rating; and
  • (ii) the person has not within the immediately preceding 13 months carried out as pilot in command at least five take-offs and five landings at a time when the depression of the centre of the sun was not less than 12° below the horizon;
  • (b) the person so acts in accordance with instructions given by another person holding a pilot’s licence rendered valid under this Order or a JAA licence, being a licence which includes a flight instructor rating, a flying instructor’s rating or an assistant flying instructor’s rating entitling that other person to give instruction in flying the type of gyroplane being flown;
  • (c) no person other than the instructor is carried; and
  • (d) the gyroplane is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.

Exception for balloons

5

  • (1) A person may act as pilot in command of a balloon within the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order if the conditions in sub-paragraph (2) are satisfied.
  • (2) The conditions referred to in sub-paragraph (1) are that—
  • (a) the person is the holder of an appropriate licence rendered valid under this Order in all respects save that the person has not within the immediately preceding 13 months carried out as pilot in command at least five flights each of not less than five minutes duration;
  • (b) the person acts in accordance with instructions given by a person authorised by the Department to supervise flying in the type of balloon being flown;
  • (c) no person other than one specified in sub-paragraph (b) is carried; and
  • (d) the balloon is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.

Exception for pilot undergoing training or tests

6

  • (1) Unless the certificate of airworthiness in force for the aircraft otherwise requires, a person may act as pilot of an aircraft registered in the Isle of Man for the purpose of undergoing training or tests for the grant or renewal of a pilot’s licence or for the inclusion, renewal or extension of a rating without being the holder of an appropriate licence, if the conditions in sub-paragraphs (2), (3) and (4) are satisfied.
  • (2) The condition first referred to in sub-paragraph (1) is that no other person is carried in the aircraft or in an aircraft which it is towing except—
  • (a) a person carried as a member of the flight crew in compliance with this Order;
  • (b) a person authorised by the Department to witness the training or tests or to conduct the tests; or
  • (c) if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft.
  • (3) The conditions secondly referred to in sub-paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—
  • (a) within the preceding six months was serving as a qualified pilot of an aircraft in any of Her Majesty’s naval, military or air forces; and
  • (b) the person’s physical condition has not, so far as the person is aware, so deteriorated during that period as to render the person unfit for the licence or rating for which the training or tests are being given or conducted.
  • (4) The conditions thirdly referred to in sub-paragraph (1) are that the person acting as the pilot of the aircraft without being the holder of an appropriate licence—
  • (a) holds a pilot’s, a flight navigator’s or a flight engineer’s licence rendered valid under article 42;
  • (b) the purpose of the training or tests is to enable that person to qualify under this Order for the grant of a pilot’s licence or for the inclusion of an additional type in the aircraft rating in that person’s licence; and
  • (c) the person acts under the supervision of another person who is the holder of an appropriate licence.

Exception for navigators and flight engineers

7

A person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the Isle of Man without being the holder of an appropriate licence if—

  • (a) the flight is for the purpose of undergoing training or tests for the grant or renewal of a flight navigator’s or a flight engineer’s licence or for the inclusion, renewal or extension of a rating in such a licence; and
  • (b) the person acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

SCHEDULE 7 — Documents to be carried

Circumstances in which documents are to be carried

1

  • (1) On a private flight that is international air navigation, Documents A, B, C, D, E, G and H must be carried.
  • (2) On a flight made in accordance with the terms of a permission granted to the operator under article 35(2), Document F must be carried.
  • (3) On a flight made by an aircraft to which Part 17A applies, Documents I and J must also be carried.

Description of documents

2

For the purposes of this Schedule—

  • (a) “Document A” means the licence in force under the Wireless Telegraphy Act 2006 for the aircraft radio station installed in the aircraft;
  • (b) “Document B” means the national certificate of airworthiness in force for the aircraft, including the latest revision of the flight manual, pilot’s operating handbook or performance schedule issued by the aircraft’s Type Certificate Holder;
  • (c) “Document C” means the licences of each member of the flight crew of the aircraft;
  • (d) “Document D” means the certificate of registration in force for the aircraft;
  • (e) “Document E” means a copy of the notified procedures to be followed by the pilot in command of an intercepted aircraft, and the notified visual signals for use by intercepting and intercepted aircraft;
  • (f) “Document F” means the permission, if any, granted for the aircraft under article 35(2);
  • (g) “Document G” means a list of the names of any passengers and their places of embarkation and destination, or the cargo manifest, or both those documents;
  • (h) “Document H” means the journey log, if any, in which entries are required to be made under article 52A;
  • (i) “Document I” means those parts of the company operations manual that pertain to flight operations, including the approved minimum equipment list where applicable;
  • (j) Document J” means the checklists required by article 99C.

SCHEDULE 8 — Air traffic service equipment - records required and matters to which the Department may have regard

PART 1 — Records to be kept in accordance with article 125(1)(a)

1

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2

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3

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PART 2 — Records required in accordance with article 125(5)(b)

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PART 3 — Matters to which the Department may have regard in granting an approval of apparatus in accordance with article 125(6)

4

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5

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6

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7

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8

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SCHEDULE 9 — Information and instructions which must be included in an aerodrome manual

1

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2

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3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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SCHEDULE 10 — Air Traffic Controllers – Licences, Ratings, Endorsements And Maintenance Of Licence Privileges

PART 1 — Air Traffic Controller Licences

Air Traffic Controller’s Licence

1

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Student Air Traffic Controller’s Licence

2

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PART 2 — Ratings, Rating Endorsements and Licence Endorsements

Inclusion of ratings, rating endorsements and licence endorsements

3

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Exercise of more than one function

4

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Ratings and Rating Endorsements

5

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Licence Endorsements

6

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SCHEDULE 11 — Penalties

PART 1 — Provisions referred to in article 155(5)

Article of Order Subject matter
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20(4) Requirement for placard
20(5) Requirement to fly by day and in accordance with Visual Flight Rules
21(3) Restriction on purposes of flight by aircraft with a certificate of validation
. . . . . .
. . . . . .
28(3) Acting when physically or mentally unfit to act
29(6) Preservation of log books
30(4) Preservation of mass schedule
52(4) Pilot to be secured in seat
52(5)52(6) Safety harness to be worn during take-off and landing aOperator not to permit helicopter rotor to be turned unless pilot at controls
52A(5) Preservation of journey log
54(1) Loading aircraft
55(1) Carriage of baggage
84(1) Documents to be carried
88(1) and 88(3) Production of documents and records
90 Preservation of documents
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140(1) Filing and approval of tariffs
144(3) Requirement to surrender document to Department
145(7) Requirement to surrender permit to the Department

PART 2 — Provisions referred to in article 155(6)

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