The Air Navigation (Overseas Territories) (Amendment) Order 2005

This Order further amends the Air Navigation (Overseas Territories) Order 2001 (referred to
below as “the Order”). The following changes are made:1Type certification. The adoption of this article
enables a Governor to accept onto a Territory register an aircraft that has a Type Certificate issued by a
Contracting State in accordance with the Chicago Convention Annex 8 Part II Chapter 1 and to facilitate the
issue by the Governor of a Certificate of Airworthiness in accordance with Annex 8 Part II Chapter 3 and the
provisions of article 9(1)(a) of the Order (article 3).2Certification of airworthiness. This amendment paves
the way for the elimination of the various categories of certificate of airworthiness as detailed in
Schedule 3 Part B. This is in order to enable an aircraft to be certified according to what it is rather
than what it does on the basis of the operating and performance limitations prescribed in the approved
flight manual and in conformity with its Type Certificate (article 4).3Certificate of release to service.
This amendment clarifies an area of uncertainty regarding the reinstatement of a certificate of
airworthiness and the associated issue of a certificate of release of an aircraft to service upon completion
of maintenance, inspection, repair or other similar activity (article 5).4Licensing of maintenance
engineers. The amendment expands the scope of restrictions on performing functions whilst under the
influence of drink or drugs and brings the provisions more closely into alignment with the requirements of
the Chicago Convention Annex 1 Chapter 1 paragraph 1.2.7 (article 6).5Approval of maintenance organisations.
This article has been added to provide a basis for the grant by the Governor of an approval to a maintenance
organisation to undertake maintenance on Territory registered aircraft (article 7).6Equipment of aircraft.
This amendment facilitates the longer-term objective of removing as many as possible of the schedules to the
Order and their replacement by the Requirements specified by the Governor under article 135 of the Order
(article 8).7Flight crew. The amendments reflect the fact that the number of flight crew will not normally
in the future be specified in the Certificate of Airworthiness (article 9).8Flight crew licences. The
objective of this amendment is to relocate some of the flight crew licensing provisions from Schedules 8 and
10 of the Order to the Requirements published by the Governor under article 135 (article 10).9Aerodrome
operating minima. This article establishes aerodrome operating minima applicable to non-public transport
flights (article 11).10Commander of an aircraft. Addition of a new sub-paragraph to article 41(1) to meet
the requirements of the Chicago Convention Annex 6 Part III Section III Chapter 2 paragraph 2.17 (article
12).11Commander’s additional duties. Requirements applied to international general aviation, in the same way
as for public transport flights in article 45, to comply with the Chicago Convention Annex 6 Part II
paragraph 4.10 and Annex 6 Part III paragraph 2.10. Consequential amendment to Schedule 4, Paragraph 4
(Table) (article 13).12Navigation performance capability. This amendment reflects current international
practice in relation to area navigation, required navigation performance and operational approval (article
14).13Towing of gliders. This amendment reflects the changes made in respect of certificates of
airworthiness and the performance characteristics of aircraft (article 15).14Towing, picking up and raising
of persons and articles. This amendment reflects the changes made in respect of certificates of
airworthiness and the performance characteristics of aircraft (article 16).15Drunkenness of aircrew. This
amendment expands the scope of restrictions on performing functions whilst under the influence of drink or
drugs and brings the provisions more closely into alignment with the requirements of the Chicago Convention
Annex 1 Chapter 1 paragraph 1.2.7 (article 17).16Commander and crew authority. These amendments impose an
obligation to comply with the instructions of a crew member as well as the commander and add specific
obligations to comply with instructions concerning mobile phones and similar equipment and to reinforce the
authority of the commander in this respect (article 18).17Approval of instrument approach procedures. The
Order is presently silent with regard to the requirement for approval for the establishment and use of an
instrument approach procedure at a Territory aerodrome. The article is designed to require that such a
procedure shall be approved before it may be established or used (article 19).18Power to prevent aircraft
flying. The amendment removes any doubt as to the Governor’s power to appoint more than one authorised
person and for any such authorised person to inspect an aircraft without the necessity for the presence of
the Governor (article 20).19Interpretation. Additional definitions inserted as required by other amendments
(article 21).20Arrangements for giving effect to the Convention. This article empowers and enables Governors
to ensure that arrangements are put in place to secure compliance with certain Annexes to the Chicago
Convention dealing with meteorology, aeronautical charts, search and rescue and aeronautical information
services that are not currently covered in the order (article 22).21Aircraft equipment. This amendment
achieves compliance with the Chicago Convention Annex 6 Part II paragraph 6.9.7 with regard to the
requirement for Terrain Awareness Warning System Class A or B on aircraft used for international general
aviation (article 23).

Author: A.K. Galloway, Clerk of the Privy Council

Last modified: 2010-07-16