CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (AIRCRAFT OPERATIONS) REGULATIONS
(section 89)
(22nd April, 2022)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
PART II
General Operations Requirements for Aircraft Operations
4. Aircraft markings
5. Aircraft airworthiness
6. Special certificate of airworthiness
7. Aircraft instrument and equipment
8. Inoperative instruments and equipment
9. Aircraft flight manual, marking and placard requirements
10. Compliance with laws, regulations and procedures
11. Required aircraft and equipment inspections
12. Documents to be carried on aircraft
13. Production of documents or records
14. Preservation of documents
PART III
Aircraft Maintenance and Inspection Requirements
15. Aircraft maintenance requirements
16. Maintenance required
17. Inspections of aircraft used in air transport service
18. Progressive inspection
19. Changes to aircraft maintenance programmes
20. Inspection of other aircraft
21. Continuing airworthiness information
22. Continuing airworthiness records
23. Maintenance records retention
24. Transfer of maintenance records
25. Modification and repairs to aircraft
PART IV
Flight Crew Requirements
26. Composition of flight crew
27. Flight crew qualifications
28. Single pilot operations under the instrument flight rules (IFR) or night
29. Compliance by foreign operator with laws, regulations and procedures
30. Licence required
31. Rating required for instrument flight rules operations
32. Special authorisation required for Category II operations or III operations
33. Pilot logbooks
34. Recent experience of pilot-in-command and co-pilot
35. Pilot currency – instrument flight rules operations
36. Pilot currency – general aviation operations
37. Pilot privileges and limitations
PART V
Crew Member Duties and Responsibilities
38. Authority and responsibility of pilot-in-command
39. Operational control
40. Compliance with local regulations
41. Negligent or reckless operation of aircraft
42. Fitness of flight crew members
43. Use of narcotics, drugs, etc.
44. Crew member use of seat belt and shoulder harness
45. Flight crew members at duty stations
46. Required crew member equipment
47. Compliance with checklist and production of flight documents
48. Search and rescue information
49. Admission to cockpit
50. Duties during critical phase of flight
51. Manipulation of controls
52. Simulated abnormal situations in flight
53. Completion of technical log
54. Reporting mechanical irregularities
55. Reporting of facility and navigation inadequacies
56. Hazardous flight conditions
57. Accident notification
58. Operation of flight recorders
59. Crew member oxygen supply
60. Carriage of dangerous goods
61. Portable electronic devices
PART VI
Flight Planning and Preparation
62. Submission of flight plan
63. Contents of flight plan
64. Changes to flight plan
65. Closing flight plan
66. Aircraft airworthiness and safety precautions
67. Adequacy of operating facilities
68. Weather reports, forecasts and meteorological observation
69. Weather limitations for visual flight rules flights
70. Instrument flight procedures
71. Destination alternate aerodromes requirements
72. Instrument flight rules alternate aerodrome selection criteria
73. Off-shore alternate landing site for helicopter operations
74. Take-off alternate aerodromes: air transport operations
75. Requirements for operations beyond 60 minutes to an en route alternate aerodromes
76. Requirements for extended diversion time operations (EDTO)
77. Instrument flight rules conditions
78. Margin of time on estimated use of aerodromes
79. Extended range operations with twin-engined aeroplanes
80. En route aerodrome – extended range operations by twin-engined aeroplanes
81. Additional conditions on operating minima
82. Aerodrome operating minima
83. Fuel requirements
84. In-flight fuel management
85. Flight preparation
86. Operational flight plan – commercial air transport
PART VII
Aircraft Operating and Performance Limitations
87. Aircraft performance operating limitations
88. Aircraft mass limitations
89. Aeroplanes certified after 13th June, 1960
90. Commercial air transport – aircraft performance calculations
91. Take-off limitations
92. En route limitations – all engines operating
93. En route limitations – one engine inoperative
94. En route limitations – two engines inoperative
95. Landing limitations
PART VIII
Passengers and Passenger Handling
A — All Passenger Carrying Operations
96. Unacceptable conduct
97. Refuelling or defuelling with passengers on board
98. Passenger seats, safety belts and shoulder harnesses
99. Passenger briefing
100. In-flight emergency instruction
101. Passenger oxygen – minimum supply and use
102. Alcohol or drugs
B — Commercial Air Transport Passenger Carrying Operations
103. Passenger compliance with instructions
104. Denial of transportation
105. Carriage of persons without compliance with passenger carrying requirements
106. Protection of cabin crew during flight
107. Evacuation capability
108. Arming of automatic emergency exits
109. Accessibility of emergency exits and equipment
110. Stops where passengers remain on board
111. Fuel and oil records
112. Carriage of persons with reduced mobility and passenger loading
113. Exit row seating
114. Prohibition against carriage of weapons
115. Oxygen for medical use by passengers
116. Carry-on baggage
117. Carriage of cargo in passenger compartments
118. Passenger information signs
119. Required passenger briefings
120. Passenger seat belts
121. Passenger seat backs
122. Stowage of food, beverage and passenger service
123. Securing of items of mass in passenger compartment
C — Crew Member and Flight Operations Officer Qualifications – Commercial Air Transport
124. Age restriction
125. Licence requirements for pilot-in-command
126. Licence requirements for co-pilot
127. Persons qualified in flight release
128. Company procedures indoctrination
129. Initial dangerous goods training
130. Security training programmes
131. Initial crew resource management training
132. Initial emergency equipment drills
133. Flight crew member training programme
134. Initial specialised operations training
135. Pilot proficiency checks
136. Competency checks – flight operations officer and flight dispatcher
137. Supervised line flying pilots
138. Cabin crew training programme
139. Line observations – flight operations officer
140. Route and area checks – pilot qualifications
141. Pilot-in-command low minimus authorisation
142. Designated special aerodromes and heliports – pilot-in-command qualification
143. Recurrent training – flight crew members
144. Recurrent training – cabin crew members
145. Recurrent training – flight operations officers
146. Flight instructor qualifications and flight instructor training
147. Personnel approved to conduct checks
148. Check personnel qualifications
149. Check pilot designation
150. Check personnel training
151. Monitoring of training and checking activities
152. Termination of a proficiency, competence or line check
153. Recording of crew member qualifications
154. Eligibility period
PART IX
Flight Rules
A — Visual Flight Rules
155. Operation of aircraft on ground
156. Take-off conditions
157. Flight into known or expected icing
158. Altimeter settings
159. Minimum safe altitudes – general
160. Minimum safe visual flight altitudes rules
161. Instrument approach operating minima
162. Category II operations and Category III operations – general operating rules
163. Category II and Category III manual
164. Exemption from certain Category II operations
165. Diversion decision – engine inoperative
166. Operating near other aircraft, including formation flights
167. Use of aircraft lights
168. Simulated instrument flight
169. In-flight simulation of abnormal situations
170. Dropping, spraying, towing, etc.
171. Aerobatic flight
172. Flight test area
173. Operations in reduced vertical separation minima airspace
174. Operations in vicinity of controlled or uncontrolled aerodrome
175. Aerodrome traffic pattern altitudes
176. Compliance with visual and electronic glide slopes
177. Restriction or suspension of operations
178. Interception
179. Noise abatement procedures
180. Single pilot operations
181. Single engine operations
B — Control of Air Traffic
182. Air traffic control clearance
183. Adherence to air traffic control clearance
184. Communication
185. Route to be flown
186. Inadvertent changes
187. Operating procedures for rates of climb and descent reports
188. Position reports
189. Operation in vicinity of controlled aerodrome
190. Unlawful interference
191. Time checks
192. Universal signals
193. Visual meteorological conditions
194. Visual flight rules weather minimums
195. Special visual flight rules operations
196. Visual flight rules cruising altitudes
197. Air traffic control clearances for visual flight rules flights
198. Visual flight rules flights requiring air traffic control authorisation
199. Visual meteorological conditions
200. Change from visual flight rules to instrument flight rules
C — Instrument Flight Rules
201. Applicability
202. Instrument flight rules in controlled airspace
203. Instrument flight rules outside controlled airspace
204. Instrument flight rules – take-off minimums for commercial air transport
205. Minimum altitudes for instrument flight rules operations
206. Minimum altitudes for autopilot
207. Instrument flight rules – cruising altitudes
208. Cruising altitude in uncontrolled airspace
209. Instrument flight rules communication
210. Malfunction of facility reports
211. Continuation of instrument flight rules flights
212. Instrument approach procedures
213. Commencing an instrument approach
214. Operations below decision height or minimum decision altitude
215. Change from instrument flight rules to visual flight rules flight
216. Communication under instrument flight rules flight
217. Threshold crossing height
218. Navigation equipment
219. Offences
220. Revocation of S.I. No. 31 of 2013
31 of 2013,
S.I. 43, 2022.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the Civil Aviation (Aircraft Operations) Regulations.
In these Regulations, unless the context otherwise requires—
"accelerate-stop distance available (ASDA)" means the length of the take-off run available plus the length of the stopway, if provided;
"aerodrome" means a defined area on land or water, including any buildings, installations and equipment intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;
"aerodrome operating minima" means the limits of usability of an aerodrome for—
(a) take-off, expressed in terms of runway visual range or visibility and, if necessary, cloud conditions;
(b) landing in 2D instrument approach operations, expressed in terms of visibility or runway visual range, minimum descent altitude or height (MDA/H) and, if necessary, cloud conditions; and
(c) landing in 3D instrument approach operations, expressed in terms of visibility or runway visual range or decision altitude or height (DA/H) as appropriate to the type or category of the operation;
"aerodrome traffic zone" means an airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic;
"aeronautical product" means any aircraft, aircraft engine, propeller, or subassembly, appliance, material, part, or component to be installed thereon;
"aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight mainly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;
"aircraft" means any 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;
"aircraft operating manual" means a manual, acceptable to the Authority, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the aircraft systems and other material relevant to the operation of the aircraft;
"aircraft tracking" means a process, established by the operator, that maintains and updates, at standardised intervals, a ground-based record of the four dimensional position of individual aircraft in flight;
"air operator certificate (AOC)" means a certificate authorising an operator to carry out specified commercial air transport operations;
"air traffic control service" means a service provided for the purpose of—
(a) preventing collisions—
(i) between aircraft, or
(ii) on a manoeuvring area between an aircraft and an obstruction; and
(b) expediting and maintaining an orderly flow of air traffic;
"air traffic control unit" means a generic term meaning variously—
(a) an area control centre;
(b) an approach control unit; or
(c) an aerodrome control tower;
"air traffic service (ATS)" means a generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service);
"Airworthiness Directive" has the meaning assigned to it under the Civil Aviation (Airworthiness) Regulations (Cap. 71:01 (Sub. Leg.));
"airworthy" means the status of an aircraft, engine, propeller, or part when it conforms to its approved design and is in a condition safe for 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, where the necessary services and facilities are available, where aircraft performance requirements can be met and which is operational at the expected time of use, and includes the following—
(a) take-off alternate – an alternate aerodrome at which an aircraft would be able to land should this become necessary shortly after take-off when it is not possible to use the aerodrome of departure;
(b) en route alternate – an alternate aerodrome at which an aircraft would be able to land in the event diversion becomes necessary while en route; and
(c) destination alternate – an alternate aerodrome to which an aircraft would be able to land should it become either impossible or inadvisable to land at the aerodrome of intended landing;
"altimetry system error (ASE)" means the difference between the altitude indicated by the altimeter display, assuming a correct altimeter barometric setting, and the pressure altitude corresponding to the undisturbed ambient pressure;
"appliance" means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is—
(a) used or intended to be used in operating or controlling an aircraft in flight;
(b) installed in or attached to the aircraft; and
(c) is not part of an airframe, powerplant, or propeller;
"cabin crew member" means a crew member who performs, in the interest of safety of passengers, duties assigned by the operator or the pilot-in-command of the aircraft, but who shall not act as a flight crew member;
"category I operations (CAT I)" means a precision instrument approach and landing with—
(a) a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m; and
(b) a runway visual range not less than 550 m;
"category II operations (CAT II)" means a precision instrument approach and landing with—
(a) a decision height lower than 60 m (200 ft) but not lower than 30 m (100 ft); and
(b) a runway visual range of not less than 300 m;
"category III operations (CAT III)" means a precision instrument approach and landing with—
(a) CAT III A, a decision height lower than 30 m (100 ft) or no decision height; and a runway visual range not less than 175 m;
(b) CAT III B, a decision height lower than 15 m (50 ft) or no decision height and a runway visual range of not less than 175 m but less than 50 m; and
(c) CAT III C, no decision height and with no runway visual range limitations;
"check pilot" means a pilot approved by the Authority who has the appropriate training, experience and demonstrated ability to evaluate and certify the knowledge and skills of other pilots;
"combined vision system (CVS)" means a system to display images from a combination of an enhanced vision system (EVS) and a synthetic vision system (SVS);
"commercial air transport operation" means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;
"contaminated runway" means a significant portion of the runway surface area (whether in isolated areas or not) within the length and width being used is covered by one or more of the substances listed in the runway surface condition descriptors;
"co-pilot" means a licensed pilot serving in any piloting capacity other than as pilot-in-command, but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instructions;
"crew member" means a person assigned by an operator to duty on an aircraft during a flight duty period;
"crew resource management" means a programme designed to improve the safety of flight operations by optimising the safe, efficient and effective use of human resources, hardware and information through improved crew communication and co-ordination;
"critical engine" means an engine whose failure give the most adverse effect on the aircraft characteristics related to the case under consideration;
"critical phase of flight" means those portions of operations involving taxiing, take-off and landing, and all flight operations below 10,000 ft, except a cruise flight;
"cruise relief pilot" means a flight crew member who is assigned to perform pilot tasks during cruise flight, to allow the pilot-in-command or a co-pilot to obtain planned rest;
"dangerous goods" means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Technical Instructions;
"decision altitude (DA) or decision height (DH)" means a specified altitude or height in a 3D instrument approach operation at which a missed approach must be initiated if the required visual reference to continue the approach has not been established;
"duty" means any task that flight or cabin crew members are required by the operator to perform including, flight duty, administrative work, training, positioning and standby;
"duty period" means a period which starts when a flight or cabin crew member is required by an operator to report for or to commence a duty and ends when that person is free from all duties;
"EDTO critical fuel" means the fuel quantity necessary to fly to an en route alternate aerodrome considering, at the most critical point on the route, the most limiting system failure;
"EDTO significant system" means an aeroplane system whose failure or degradation could adversely affect the safety particular to an EDTO flight, or whose continued functioning is specifically important to the safe flight and landing of an aeroplane during an EDTO diversion;
"emergency locator transmitter (ELT)" means a generic term describing equipment which broadcast distinctive signals on designated frequencies and, depending on application, may be automatically activated by impact or be manually activated. An ELT may be any of the following—
(a) automatic fixed ELT (ELT(AF)) – an automatically activated ELT which is permanently attached to an aircraft;
(b) automatic portable ELT (ELT(AP)) – an automatically activated ELT which is rigidly attached to an aircraft but readily removable from the aircraft;
(c) automatic deployable ELT (ELT(AD)) – an ELT which is rigidly attached to an aircraft and which is automatically deployed and activated by impact, and, in some cases, also by hydrostatic sensors. Manual deployment is also provided; or
(d) survival ELT (ELT(S)) – an ELT which is removable from an aircraft, stowed so as to facilitate its ready use in an emergency, and manually activated by survivors;
"enhanced vision system (EVS)" means a system to display electronic real-time images of the external scene achieved through the use of image sensors;
"electronic flight bag (EFB)" means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties;
"engine" means a unit used or intended to be used for aircraft propulsion and consists of at least those components and equipment necessary for functioning and control, but excludes the propeller or rotors, if applicable;
"examiner" means any person authorised by the Authority to conduct a proficiency test, a practical test for a licence or rating, or a knowledge test under these Regulations;
"extended diversion time operations (EDTO)" means any operation by an aeroplane with two or more turbine engines where the diversion time to an en route alternate aerodrome is greater than the threshold time established by the Authority;
"fatigue" means a physiological state of reduced mental or physical performance capability resulting from sleep loss, extended wakefulness, circadian phase or workload, mental or physical activity that can impair a person's alertness and ability to perform safety-related operational duties;
"final approach segment (FAS)" means that segment of an instrument approach procedure in which alignment and descent for landing are accomplished;
"flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;
"flight duty period" means a period which commences when a flight or cabin crew member is required to report for duty that includes a light or a series of flights and which finishes when the aeroplane finally comes to rest and the engines are shut down at the end of the last flight on which he or she is a crew member;
"flight manual" means a manual, associated with the certificate of airworthiness, containing limitations within which the aircraft is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation of the aircraft;
"flight operations officer or flight dispatcher" means a person designated by the operator to engage in the control and supervision of flight operations, whether licensed or not, who is suitably qualified in accordance with the Civil Aviation (Personnel Licensing) Regulations (Cap. 71:01 (Sub. Leg.)), and who supports, briefs or assists the pilot-in-command in the safe conduct of the flight;
"flight plan" means specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft;
"flight recorder" means any type of recorder installed in the aircraft for the purpose of complementing accident or incident investigation;
"flight simulation training device" means any one of the following three types of apparatus in which flight conditions are simulated on the ground—
(a) a flight simulator, which provides an accurate representation of the flight deck of a particular aircraft type to the extent that the mechanical, electrical, electronic, etc. aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated;
(b) a flight procedures trainer, which provides a realistic flight deck environment, and which simulates instrument responses, simple control functions of mechanical, electrical, electronic, etc. aircraft systems control functions, and the performance and flight characteristics of aircraft of a particular class; or
(c) a basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions;
"flight time"—
(a) for aeroplanes and gliders, means the total time from the moment an aeroplane or a glider moves for the purpose of taking off to the moment it finally comes to rest at the end of the flight and it is synonymous with the term "block to block" or "chock to chock" time in general usage which is measured from the time an aeroplane first moves for the purpose of taking off to the moment it finally stops at the end of the flight;
(b) for a helicopter, means the total time from the moment a helicopter rotor blades start turning until the moment a helicopter comes to rest at the end of the flight and the rotor blades are stopped; and
(c) for airships or free balloons, means the total time from the moment an airship or free balloon first becomes detached from the surface to the moment when it next becomes attached thereto or comes to rest thereon;
"general aviation operation" means an aircraft operation other than a commercial air transport operation or an aerial work operation;
"ground handling" means services necessary for an aircraft's arrival at and departure from, an airport, other than air traffic services;
"head-up display (HUD)" means a display system that presents flight information into the pilot's forward external field of view;
"helicopter" means a heavier-than-air aircraft supported in flight mainly by the reactions of the air on one or more power-driven rotors on a substantially vertical axis;
"helideck" means a heliport located on a floating or fixed offshore structure;
"heliport" means an aerodrome or a defined area on a structure intended to be used wholly or in part for the arrival, departure and surface movement of helicopters;
"IFR" means Instrument Flight Rules;
"inspection" means the examination of an aircraft or aeronautical product to establish conformity with a standard approved by the Authority;
"instrument approach operations" means an approach and landing using instruments for navigation guidance based on an instrument approach procedure and executed through—
(a) a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; and
(b) a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance;
"instrument approach procedure (IAP)" means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route 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 en route obstacle clearance criteria apply and which are classified as follows—
(a) non-precision approach (NPA) procedure – an instrument approach procedure designed for 2D instrument approach operations Type A;
(b) approach procedure with vertical (APV) guidance – a performance-based navigation (PBN) instrument approach procedure designed for 3D instrument approach operations Type A; and
(c) precision approach (PA) procedure – an instrument approach procedure based on navigation systems (ILS, MLS, GLS and SBAS CAT I) designed for 3D instrument approach operations Type A or B;
"instrument meteorological conditions (IMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions;
"isolated aerodrome" means a destination aerodrome for which there is no destination alternate aerodrome suitable for a given aeroplane type;
"landing distance available (LDA)" means the length of runway which is declared available and suitable for the ground run of an aeroplane landing;
"large aeroplane" for—
(a) an aeroplane, means an aeroplane which has a maximum certified take-off mass of 5,700 kg or less; and
(b) for a helicopter, means a helicopter which has a maximum certified take-off mass of 3,175 kg or less;
"maintenance organisation's procedures manual" means a document endorsed by the head of the maintenance organisation which details the maintenance organisation's structure and management responsibilities, scope of work, description of facilities, maintenance procedures and quality assurance or inspection systems;
"maintenance programme" means a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies;
"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;
"maximum mass" means the maximum certificated take-off mass of an aircraft;
"minimum descent altitude (MDA) or minimum descent height (MDH)" means a specified altitude or height in a 2D instrument approach operation or circling approach operation below which descent must not be made without the required visual reference;
"minimum equipment list (MEL)" means a list which provides for the operation of aircraft, subject to specified conditions, with particular equipment inoperative, prepared by an operator in conformity with, or more restrictive than, the MMEL established for the aircraft type;
"navigation specification" means a set of aircraft and flight crew requirements needed to support performance-based navigation operations within a defined airspace, and includes the following specifications—
(a) required navigation performance (RNP) specification – a navigation specification based on area navigation that includes the requirement for performance monitoring and alerting, designated by the prefix RNP, for example, RNP 4, RNP APCH; and
(b) area navigation (RNAV) specification – a navigation specification based on area navigation that does not include the requirement for performance monitoring and alerting, designated by the prefix RNAV, for example, RNAV 5, RNAV 1;
"night" means the hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise, as may be prescribed by the Authority;
"obstacle clearance altitude (OCA) or obstacle clearance height (OCH)" means the lowest altitude or the lowest height above the elevation of the relevant runway threshold or the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria;
"operational control" means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of an aircraft and the regularity and efficiency of the flight;
"operational flight plan" means the operator's plan for the safe conduct of the flight based on considerations of aeroplane performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes concerned;
"operations in performance class 1 helicopter" means operation with performance such that in the event of a critical engine failure performance is available to enable the helicopter to safely continue the flight to an appropriate landing area, unless the failure occurs prior to reach the take-off decision point (TDP) or after passing the landing decision point (LDP), in which cases the helicopter must be able to land within the rejected take-off or landing area;
"operations in performance class 2 helicopter" means operation with performance such that in the event of a critical engine failure performance is available to enable the helicopter to safely continue the flight to an appropriate landing area, except then the failure occurs early during the take-off manoeuvres or late in the landing manoeuvre in which cases a forced landing may be required;
"operations in performance class 3 helicopter" means operation with performance such that in the event of an engine failure at any time during the flight, a forced landing will be required;
"operations manual" means a manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties;
"operations specifications" means the authorisations, including specific approval, conditions and limitations associated with the air operator certificate and subject to the conditions in the operations manual;
"operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;
"operator's maintenance control manual" means a document which describes the operator's procedures necessary to ensure that all scheduled and unscheduled maintenance is performed on the operator's aircraft on time and in a controlled and satisfactory manner;
"overhaul" means the restoration of an aircraft or aeronautical product using methods, techniques, and practices acceptable to the Authority, including disassembly, cleaning, and inspection as permitted, repair as necessary, and reassembly; and tested in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the State of Design, holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under parts manufacturing authorisation or technical standard order;
"performance-based navigation (PBN)" means area navigation based on performance requirements for aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace;
"pilot-in-command" means a pilot designated by the operator, or in the case of general aviation, the owner as being in command and charged with the safe conduct of a flight;
"point of no return" means the last possible geographic point at which an aircraft can proceed to its destination aerodrome as well as to an available en route alternate aerodrome for a given flight;
"practical test" means a competency test on the areas of operations for a licence, certificate, rating or authorisation that is conducted by having the applicant respond to questions and demonstrate manoeuvres in flight or in an approved synthetic flight trainer;
"pressure-altitude" means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the standard atmosphere;
"propeller" means a device for propelling an aircraft that has blades on an engine driven shaft and that, when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation and includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engines;
"psychoactive substances" means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens and volatile solvents, excluding coffee and tobacco;
"rating" means an authorisation entered on or associated with a licence or certificate and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence or certificate;
"repair" means the restoration of an aircraft, engine, propeller or associated part to an airworthy condition in accordance with the appropriate airworthiness requirements, after it has been damaged or subjected to wear;
"required visual reference" means that section of the visual aids or of the approach area which should have been in view for sufficient time for the pilot to have made an assessment of the aircraft position and rate of change of position, in relation to the desired flight path and in the case of a circling approach, the required visual reference is the runway environment;
"rest period" means a continuous and defined period of time, subsequent to or prior to duty, during which flight or cabin crew members are free of all duties;
"runway visual range" means a range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;
"safe forced landing" means an unavoidable landing or ditching with a reasonable expectancy of no injuries to persons in the aircraft or on the surface;
"safety management system (SMS)" means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, responsibilities, policies and procedures;
"small aircraft" means an aircraft of a maximum certificated take-off mass of 5,700 kg or less;
"State of Registry" means a contracting State on whose registry an aircraft is placed;
"State of the aerodrome" means the State in whose territory an aerodrome is located;
"substances"means alcohol, sedatives, hypnotics, anxiolytics, hallucinogens, opioids, cannabis, inhalants, central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetics, phencyclidines or similarly acting arylcyclohexylamines, and other psychoactive substances;
"synthetic vision system (SVS)" means a system to display data-derived synthetic images of the external scene from the perspective of the flight deck;
"take-off decision point" means a point used in determining take-off performance of a Class 1 helicopter from which, either a rejected take-off may be made, or a take-off safely continued;
"threshold time" means the range, expressed in time, established by the Authority to an en route alternate aerodrome, whereby any time beyond that requires an EDTO approval from the Authority;
"total vertical error (TVE)" means the vertical geometric difference between the actual pressure altitude flown by an aircraft and its assigned pressure altitude (flight level);
"training programme" means a programme that consists of courses, courseware, facilities, flight training equipment and the personnel necessary to accomplish a specific training objective and may include a core curriculum and a specialty curriculum;
"VFR" means Visual Flight Rules;
"visual meteorological conditions (VMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima;
"Vmo" means a maximum operating speed;
"Vso" means a stalling speed or the minimum steady flight speed in landing configuration; and
"wet runway" means the surface covered by any visible dampness or water up to and including 3 mm deep within the intended area of use.
These Regulations shall apply to the operation of aircraft by operators authorised to conduct international commercial air transport operations.
PART II
General Operations Requirements for Aircraft Operations (regs 4-14)
A person shall not operate an aircraft registered in Botswana or a foreign-registered aircraft unless the aircraft displays the markings prescribed in the Civil Aviation (Aircraft Registration and Markings) Regulations (Cap. 71:01 (Sub. Leg.)).
(1) A person shall not operate an aircraft unless the aircraft is airworthy.
(2) Subject to subregulation (1), a pilot-in-command shall—
(a) determine whether an aircraft is in a condition for safe flight; and
(b) discontinue a flight when a mechanical, electrical, or structural defect occurs which makes it unairworthy.
6. Special certificate of airworthiness
A person shall not operate an aircraft with a special certificate of airworthiness except as provided in the conditions issued with the certificate in accordance with the Civil Aviation (Airworthiness) Regulations.
7. Aircraft instrument and equipment
A person shall not operate an aircraft unless it is equipped with instruments and equipment appropriate to the type of flight operation conducted and the route being flown and in any case in compliance with the requirements of Civil Aviation (Equipment and Instruments) Regulations (Cap. 71:01 (Sub. Leg.)).
8. Inoperative instruments and equipment
(1) Subject to this regulation, a person shall not commence an aircraft flight with inoperative instruments.
(2) A person shall not operate a multi-engine aircraft used to provide an air transport service with inoperative instruments and equipment installed unless the following conditions are met—
(a) an approved minimum equipment list for the aircraft is available;
(b) the Authority has issued operations specifications authorising operations in accordance with an approved minimum equipment list;
(c) the flight crew has direct access at all times prior to flight to all of the information contained in the approved minimum equipment list through printed or other means approved by the Authority in the operations specifications;
(d) records identifying the inoperative instruments and equipment are available to the pilot; and
(e) the aircraft is operated under all applicable conditions and limitations contained in the minimum equipment list and the operations specifications authorising use of the minimum equipment list.
(3) The Authority may authorise flight operations with inoperative instruments and equipment installed in situations where no approved minimum equipment list is available and no minimum equipment list is required for the specific aircraft operation under these Regulations.
(4) The inoperative instruments and equipment referred to in subregulation (2) shall not be—
(a) part of the visual flight rules day instruments and equipment prescribed in the Civil Aviation (Equipment and Instruments) Regulations;
(b) required on the aircraft's equipment list or the operations equipment list for the kind of flight operation being conducted;
(c) required by the Civil Aviation (Equipment and Instrument) Regulations for the specific kind of flight operation being conducted; or
(d) required to be operational by an Airworthiness Directive.
(5) The Authority may authorise a person to operate an aircraft with inoperative instruments and equipment where such instruments and equipment are—
(a) determined by the pilot-in-command not to be a hazard to the aircraft's safe operation;
(b) deactivated and placarded "inoperative"; or
(c) removed from the aircraft, the cockpit control placarded and the maintenance recorded in accordance with the Civil Aviation (Airworthiness) Regulations.
(6) Where deactivation of an inoperative instrument or equipment involves maintenance, it shall be accomplished and recorded in accordance with the Civil Aviation (Airworthiness) Regulations.
(7) The following instruments and equipment shall not be included in the minimum equipment list referred to in subregulation (2)(a)—
(a) instruments and equipment that are either specifically or otherwise required by the certification airworthiness requirements and which are essential for safe operations under all operating conditions;
(b) instruments and equipment required for operable condition by an Airworthiness Directive, unless the Airworthiness Directive provides otherwise; and
(c) instruments and equipment required for specific operations.
(8) Notwithstanding this regulation, an aircraft with inoperative instruments or equipment may be operated under a special flight permit issued under the Civil Aviation (Airworthiness) Regulations.
9. Aircraft flight manual, marking and placard requirements
(1) A person shall not operate a Botswana aircraft unless there is carried therein—
(a) the operator's operations manual, approved by the Authority;
(b) a current, approved aeroplane flight manual or rotorcraft flight manual containing performance data required these regulations and any other information necessary for the operation of the aeroplane within the terms of its certificate of airworthiness, unless such data is available in the operations manual;
(c) current and suitable charts to cover the route of the proposed flight and any route along which it is reasonable to expect that the flight may be diverted; and
(d) markings and placards which provide the pilot-in-command with the necessary limitations for safe operation.
(2) A person shall not operate an aircraft within or over Botswana without complying with the operating limitations specified in the approved aircraft flight manual or rotorcraft flight manual, markings and placards, or as otherwise prescribed by the Authority.
(3) A person operating an aircraft under these Regulations shall display in the aircraft all placards, listings, instrument markings or combination thereof, containing those operating limitations prescribed by the Authority for visual presentation.
(4) An aircraft flight manual or rotorcraft flight manual shall be updated by implementing such changes directed by the Authority.
10. Compliance with laws, regulations and procedures
(1) An air operator shall ensure that all employees comply with the laws, regulations and procedures of those States in which operations are conducted.
(2) An air operator shall ensure that all pilots are familiar with the laws, regulations and procedures, pertinent to the performance of their duties, prescribed for the areas to be traversed, the aerodromes to be used and the air navigation facilities relating thereto.
(3) An air operator shall ensure that flight crew members are familiar with such laws, regulations and procedures as are pertinent to the performance of their respective duties in the operation of the aircraft.
(4) The air operator or a designated representative shall have responsibility for operational control.
(5) Responsibility for operational control shall be delegated only to the pilot-in-command and to a flight operations officer or flight dispatcher if the operators approved method of control and supervision of flight operations requires the use of flight operations officer or flight dispatcher personnel.
(6) If an emergency situation which endangers the safety of the aircraft or persons becomes known first to the flight operations officer or flight dispatcher, action by that person in accordance with regulation 39(4) shall include, where necessary, notification to the appropriate authorities of the nature of the situation without delay and requests for assistance, if required.
(7) If an emergency situation which endangers the safety of the aircraft or persons necessitates the taking of action which involves a violation of local regulations or procedures, the pilot-in-command shall notify the appropriate local authority without delay.
(8) If required by the State in which the incident occurs, the pilot-in-command shall submit—
(a) a report on any such violation to the appropriate local authority of such State;
(b) a copy of the report to the State of the Authority; and
(c) such report as soon as possible and normally within 10 days.
(9) An operator shall ensure that a pilot-in-command has available on board, all the essential information concerning the search and rescue services in the area over which the aeroplane will be flown.
(10) An operator shall ensure that flight crew members demonstrate the ability to speak and understand the language used for radiotelephony communications as specified in the Civil Aviation (Personnel Licensing) Regulations.
11. Required aircraft and equipment inspections
(1) Unless otherwise authorised by the Authority, an operator shall not operate a Botswana aircraft unless the following inspections have been performed—
(a) an annual inspection within the preceding 12 months;
(b) a 100 hour inspection;
(c) an altimeter and pitot-static system inspection within the preceding 12 months;
(d) a transponder check within the preceding 12 months for transponder equipped aircraft; and
(e) an emergency locator transmitter check within the preceding 12 months for emergency locator transmitter-equipped aircraft.
(2) An aircraft used to provide an air transport service maintained under a maintenance and inspection programme approved by the Authority shall not be required to have a current annual or a 100 hour inspection in its maintenance records.
12. Documents to be carried on aircraft
(1) A pilot shall not fly an aircraft unless the aircraft carries aircraft documents which are required to be carried on board an aircraft under the law of the State of Registry.
(2) The documents to be carried in an aircraft are—
(a) on a flight, for the purpose of an air transport service—
(i) the licence in force in respect of the aircraft radio station installed in the aircraft,
(ii) the certificate of airworthiness in force in respect of the aircraft,
(iii) the licences and certificates of members of the flight crew of the aircraft,
(iv) one copy of the mass and balance documentation, if any, required with respect to the flight,
(v) one copy of the certificate of release to service, if any, in force with respect to the aircraft,
(vi) the journey logbook or technical log,
(vii) part of the operations manual relevant to the operation conducted,
(viii) the aircraft certificate of registration,
(ix) voyage report,
(x) passenger manifest,
(xi) the cargo manifest, including special loads information,
(xii) a certified true copy of the air operator certificate and a copy of the operations specifications relevant to the aeroplane type, issued in conjunction with the certificate, and when the certificate and the associated operations specifications are issued by the State of the air operator in a language other than English, an English translation shall be included,
(xiii) a noise certification document or statement, where applicable,
(xiv) an aeroplane flight manual or rotorcraft flight manual,
(xv) a minimum equipment list,
(xvi) a category II or III Manual, as applicable,
(xvii) an operational flight plan,
(xviii) a notice to airmen's (NOTAM) briefing documentation,
(xix) meteorological information,
(xx) the maps and charts required for the flight and possible diversions,
(xxi) the forms for complying with the reporting requirements of the Authority and the air operator certificate holder,
(xxii) a list of special situation passengers,
(xxiii) a filed air traffic control flight plan,
(xxiv) search and rescue information,
(xxv) any other document which may be required by the Authority or States concerned with a flight,
(xxvi) aircraft operating manual,
(xxvii) checklist,
(xxviii) identification plate,
(xxix) aircraft performance limitations using current route, airport obstacles and runway analysis data, and
(xxx) route guide;
(b) on a flight which includes passage over a territory of any country other than Botswana for the purpose of commercial air transport—
(i) the documents specified in paragraph (a),
(ii) a copy of the notified procedures to be followed by a pilot-in-command of an intercepted aircraft and the notified visual signals for use by intercepting and intercepted aircraft, and
(iii) a general declaration;
(c) on a flight for the purpose of aerial work—
(i) the licence in force in respect of the aircraft radio station installed in the aircraft,
(ii) the certificate of airworthiness in force in respect of the aircraft,
(iii) the licences and certificates of members of the flight crew of the aircraft,
(iv) the technical log required by these Regulations,
(v) one copy of the certificate of release to service, if any, in force with respect to the aircraft,
(vi) an aircraft certificate of registration, and
(vii) any other document required by the Authority;
(d) on a flight which includes passage over a territory of any country other than Botswana for the purpose of aerial work—
(i) the documents specified in paragraphs (a) and (c), and
(ii) a copy of the notified procedures to be followed by a pilot-in-command of an intercepted aircraft and the notified visual signals for use by intercepting and intercepted aircraft;
(e) on a flight which includes passage over a territory of any country other than Botswana for the purpose of general aviation—
(i) the licence in force in respect of the aircraft radio station installed in the aircraft,
(ii) the certificate of airworthiness in force in respect of the aircraft,
(iii) the licences of members of the flight crew of the aircraft,
(iv) a certificate of registration,
(v) a copy of the notified procedures to be followed by a pilot-in-command of an intercepted aircraft and the notified visual signals for use by intercepting and intercepted aircraft,
(vi) a journey logbook,
(vii) if it carries passengers, a list of names, places of embarkation and destination, and
(viii) if it carries cargo, a manifest and detailed declarations of the cargo; and
(f) for the purpose of a general aviation flight within Botswana—
(i) the licence in force in respect of the aircraft radio station installed in the aircraft,
(ii) the certificate of airworthiness in force in respect of the aircraft,
(iii) the licences and certificates of members of the light crew of the aircraft,
(iv) one copy of the certificate of release to service, if any, in force with respect to the aircraft,
(v) the aircraft's certificate of registration,
(vi) a noise certificate, if required,
(vii) the aeroplane's flight manual or rotorcraft flight manual,
(viii) a category II or III Manual, as applicable,
(ix) a filed notice to airmen's briefing documentation,
(x) the forms for complying with reporting requirements of the Authority,
(xi) the filed air traffic control flight plan, and
(xii) any other document required by the Authority.
13. Production of documents or records
(1) A pilot-in-command shall, after being requested to do so by the Authority, produce for examination—
(a) the certificates of registration and airworthiness in force in respect of an aircraft;
(b) the licences and certificates of crew members, as applicable; and
(c) such other documents as required by regulation 12 to be on board the aircraft when in flight.
(2) An operator of a Botswana aircraft shall, upon request by the Authority, produce any of the following documents or records—
(a) the licence in force in respect of the aircraft radio station installed in the aircraft;
(b) the certificate of airworthiness in force in respect of the aircraft;
(c) the certificate of registration in force with respect to the aircraft;
(d) the aircraft logbook, engine logbooks and variable pitch propeller logbooks required under these Regulations to be kept;
(e) the mass and balance documentation, if any, required to be preserved under these Regulations;
(f) any records of flight time, duty periods and rest periods which are required to be preserved under these Regulations, and such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether the records are complete and accurate;
(g) any operations manuals or other data required to be made available under these Regulations; and
(h) the record made by any flight recorder installed under the Civil Aviation (Equipment and Instruments) Regulations.
(3) A licensee or person holding a certificate validated or converted under the Civil Aviation (Personnel Licensing) Regulations (Cap. 71:01 (Sub. Leg.)) shall, upon request by the Authority, produce his or her licence or certificate.
(4) Every person required by the Civil Aviation (Personnel Licensing) Regulations to keep a personal flying logbook shall—
(a) keep such records for a period of not less than two years after the date of the last entry therein; and
(b) produce it to the Authority immediately, and in any case not later than 14 days after being requested to do so.
(1) Subject to subregulation (2), a person required by these Regulations to preserve any documents or records by reason of his or her being the operator of an aircraft shall, if he or she ceases to be the operator of the aircraft, continue to preserve the documents or records as if he or she has not ceased to be the operator, and in the event of his or her death the duty to preserve the documents or records shall fall upon his or her representative.
(2) If an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person, the operator or his or her representative shall deliver to that person, upon demand, the logbook relating to that engine or propeller.
(3) If any person in respect of whom a record has been kept by the operator in accordance with these Regulations becomes a flight crew member of an aircraft registered in Botswana, engaged in air transport services in Botswana and operated by another person, the operator or his or her representative shall deliver the records to that other person upon demand.
(4) It shall be the duty of a person referred to under subregulations (2) and (3) to deal with the documents or records delivered to him or her as if he or she were the operator.
PART III
Aircraft Maintenance and Inspection Requirements (regs 15-25)
15. Aircraft maintenance requirements
(1) An operator shall ensure that, in accordance with procedures acceptable to the Authority—
(a) each aeroplane it operates is maintained in an airworthy condition;
(b) the operational and emergency equipment necessary for an intended flight is serviceable; and
(c) the certificate of airworthiness of each aeroplane it operates remains valid.
(2) An owner or operator shall not operate an aeroplane unless it is maintained and released to service by an organisation approved in accordance with the Civil Aviation (Approved Maintenance Organisations) Regulations (Cap. 71:01 (Sub. Leg.)), or under an equivalent system, either of which shall be acceptable to the Authority.
(3) An operator shall not operate an aircraft for which—
(a) a manufacturer's maintenance manual; or
(b) any instructions for continued airworthiness,
has been issued that contains an airworthiness limitations section, unless the mandatory replacement times, inspection intervals and related procedures set out in Operations Specifications approved by the Authority under the Civil Aviation (Air Operator Certificate and Administration) Regulations (Cap. 71:01 (Sub. Leg.)) or in accordance with an inspection programme have been approved under regulation 18.
(4) When the Authority accepts an equivalent system from the Contracting State, the person signing the maintenance release shall be licensed in accordance with Civil Aviation (Personnel Licensing) Regulations.
(5) An operator shall employ a person or group of persons to ensure that all maintenance is carried out in accordance with its maintenance control manual.
(1) This regulation and regulations 17, 18 and 19 shall not apply to aircraft maintained in accordance with an approved maintenance programme as required under the Civil Aviation (Airworthiness) Regulations and the Civil Aviation (Air Operator Certificate and Administration) Regulations.
(2) An owner or operator of an aircraft shall—
(a) have an aircraft inspected as prescribed in these Regulations, and discrepancies noted and the equipment repaired as prescribed under the Civil Aviation (Airworthiness) Regulations;
(b) repair, replace, remove, modify, overhaul or inspect any inoperative instruments or equipment at the next required inspection, except when permitted under the provisions of a minimum equipment list or configuration deviation list;
(c) ensure that a placard has been installed on the aircraft when listed discrepancies include inoperative instruments or equipment; and
(d) ensure that maintenance personnel make appropriate entries in the aircraft maintenance records indicating that the aircraft has been approved for return to service.
17. Inspections of aircraft used in air transport service
(1) Except as provided under subregulation (4), a person shall not provide an air transport service unless, within the preceding 12 months, the aircraft has had—
(a) an annual inspection in accordance with the Civil Aviation (Airworthiness) Regulations and has been approved for return to service by a person authorised under the Civil Aviation (Airworthiness) Regulations; or
(b) an inspection for the issue or renewal of an airworthiness certificate in accordance with the Civil Aviation (Airworthiness) Regulations.
(2) Except as provided under subregulation (4), a person shall not operate an aircraft carrying any person, other than a member of the crew, for hire or reward or give flight instructions for hire unless within the preceding 100 hours of time in service, the aircraft has undergone an—
(a) annual or 100 hour inspection and has been approved for return to service in accordance with the Civil Aviation (Airworthiness) Regulations; or
(b) inspection for the issue or renewal of an airworthiness certificate in accordance with the Civil Aviation (Airworthiness) Regulations.
(3) The 100 hour limitation referred to in subregulation (2) may be exceeded by not more than 10 hours while en route to reach a place where the inspection can be done and the excess time taken to reach a place where the inspection is to be done shall be included in computing of the next 100 hours of time in service.
(4) The provisions of subregulations (1) and (2) shall not apply to—
(a) an aircraft exempted under section 46(2) of the Act;
(b) an aircraft subject to the requirements of regulation 18(1) and (6); or
(c) a turbine-powered rotorcraft when the operator selects to inspect that rotorcraft in accordance with regulation 18(6).
(1) An owner or operator of an aircraft who intends to use a progressive inspection programme shall submit a written request to use the programme to the Authority, and shall—
(a) identify the following to supervise or conduct the progressive inspection—
(i) a licensed aircraft maintenance engineer with appropriate type ratings in accordance with the Civil Aviation (Personnel Licensing) Regulations,
(ii) an approved maintenance organisation appropriately rated in accordance with the Civil Aviation (Approved Maintenance Organisations) Regulations, or
(iii) the manufacturer of the aircraft;
(b) provide a current inspection procedures manual available and readily understandable to the pilot and maintenance personnel containing, in detail—
(i) an explanation of the progressive inspection, including the continuity of inspection responsibility, the making of reports, and the keeping of records and technical reference material,
(ii) an inspection schedule, specifying the intervals in hours or days when routine and detailed inspections shall be performed and including instructions for exceeding an inspection interval by not more than 10 hours while en route and for changing an inspection interval because of service experience,
(iii) sample routine and detailed inspection forms and instructions for their use, and
(iv) sample reports and records and instructions for their use;
(c) provide enough housing and equipment for necessary disassembly and proper inspection of the aircraft; and
(d) provide appropriate current technical information for the aircraft.
(2) The frequency and detail of the progressive inspection referred to in subregulation (1) shall provide for the complete inspection of the aircraft within each 12 months period and be consistent with the current manufacturer's recommendations, field service experience, and the kind of operation in which the aircraft is engaged.
(3) A progressive inspection schedule shall ensure that at all times the aircraft remains airworthy, and shall conform to all aircraft specifications, type data sheets, airworthiness directives and other approved data acceptable to the Authority.
(4) Where a progressive inspection is discontinued, an owner or an operator shall immediately notify the Authority, in writing, after which the first annual inspection under these Regulations will be due within 12 months after the last complete inspection of the aircraft under the progressive inspection and the 100 hour inspection under regulation 20(1)(a) shall be due within 100 hours after that complete inspection.
(5) A complete inspection of the aircraft, for the purpose of determining when the annual and 100 hour inspections are due, shall be a detailed inspection of the aircraft and all its components in accordance with the progressive inspection and a routine inspection of the aircraft, and a detailed inspection of several components shall not be considered to be a complete inspection.
(6) An owner or operator of a turbojet multi-engine aeroplane, turbo propeller-powered multi-engine aeroplane or turbine-powered rotorcraft shall select and use the following programmes for inspection of the aircraft—
(a) a current inspection programme recommended by the manufacturer;
(b) a maintenance programme for that make and model of aircraft currently approved by the Authority for use by an air operator certificate holder; or
(c) any other inspection programme developed by the operator and approved by the Authority.
(7) An owner or operator of an aircraft under subregulation (6) shall include, in the selected programme, the name and address of the person responsible for the scheduling of the inspections required by the programme, and provide a copy of the programme to the person performing inspection on the aeroplane.
(8) The Authority shall not approve an aircraft for return to service unless the replacement times for life-limited parts specified in the aircraft specification-type data sheets are complied with and the aircraft, including airframe, engines, propellers, rotors, appliances, and survival and emergency equipment, is inspected in accordance with an inspection programme selected.
19. Changes to aircraft maintenance programmes
(1) Where the Authority finds that revisions to an approved inspection programme are necessary for the continued adequacy of the programme, the owner or operator of the aircraft shall, after notification by the Authority, make any changes necessary in the programme.
(2) An owner or operator of an aircraft may petition the Authority, in writing, to reconsider the requirements contained in the notification, within 30 days after receiving such notification.
(3) Except in the case of an emergency requiring immediate action in the interests of safety, the Authority shall take no action until it is able to make a final decision on the petition to reconsider the notification as submitted by the operator to the Authority.
20. Inspection of other aircraft
(1) A person shall not operate an aircraft unless, within the preceding 12 months, the aircraft has been—
(a) inspected in accordance with the Civil Aviation (Airworthiness) Regulations and approved for return to service by an authorised person; and
(b) issued with a certificate of airworthiness by the Authority.
(2) A person shall not use an aircraft to provide an air transport service unless within the preceding 100 hours of time in service the aircraft has been inspected in accordance with the performance rules of the Civil Aviation (Airworthiness) Regulations and approved for return to service by an authorised person.
21. Continuing airworthiness information
(1) An operator of an aeroplane over 5,700 kg maximum certificated take-off mass or a helicopter over 3,175 kg maximum mass shall monitor and assess maintenance and operational experience with respect to continuing airworthiness and provide the information as prescribed by the Authority and report through the system specified in the Civil Aviation (Airworthiness) Regulations.
(2) An operator of an aeroplane over 5,700 kg maximum certificated take-off mass or a helicopter over 3,175 kg maximum mass shall obtain and assess continuing airworthiness information and recommendations available from the organisation responsible for the type design and shall implement resulting actions considered necessary in accordance with a procedure acceptable to the Authority.
22. Continuing airworthiness records
(1) An owner or air operator of an aircraft shall keep the following records—
(a) the total time in service (hours, calendar time and cycles, as appropriate) of the aeroplane and all life-limited components;
(b) the current status of compliance with all mandatory continuing airworthiness information;
(c) appropriate details of modifications and repairs;
(d) the time in service (hours, calendar time and cycles, as appropriate) since the last overhaul of the aeroplane or its components subject to a mandatory overhaul life;
(e) the current status of the aeroplane's compliance with the maintenance programme; and
(f) the detailed maintenance records to show that all requirements for the signing of a maintenance release have been met.
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.